Amendment to the International Traffic in Arms Regulations: Section 125.4(b)(9) Export Exemption for Technical Data, 61292-61294 [E9-28181]

Download as PDF 61292 Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Proposed Rules established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this proposed rule, when promulgated, will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it proposes to amend times of designation for restricted area airspace at Oliktok Point, Alaska. Environmental Review This proposal will be subject to an environmental analysis in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures,’’ prior to any FAA final regulatory action. List of Subjects in 14 CFR Part 73 Airspace, Prohibited areas, Restricted areas. WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS The Proposed Amendment In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 73 as follows: 1. The authority citation for part 73 continues to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389. 15:14 Nov 23, 2009 Jkt 220001 [Amended] 2. § 73.22 is amended as follows: * * * * * R–2204 High, Oliktok Point, AK [Amended] Under Time of Designation, remove the words ‘‘By NOTAM, 24 hours in advance, not to exceed 30 days annually’’ and insert Time of designation. By NOTAM, 24 hours in advance, not to exceed 75 days per year. * * * * * R–2204 Low, Oliktok Point, AK [Amended] Under Time of Designation, remove the words ‘‘By NOTAM, 24 hours in advance, not to exceed 30 days annually’’ and insert Time of designation. By NOTAM, 24 hours in advance, not to exceed 75 days per year. * * * * * Issued in Washington, DC, on November 12, 2009. Edith V. Parish, Manager, Airspace and Rules Group. [FR Doc. E9–28194 Filed 11–23–09; 8:45 am] BILLING CODE 4910–13–P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Docket No. SSA 2009–0075] RIN 0960–AH15 Withdrawal of Certain Proposed Rules Social Security Administration. Proposed rules; withdrawal. AGENCY: ACTION: proposed rulemaking (NPRMs) for which we never issued final rules, and we have decided not to pursue final rules on these NPRMs at this time. We have made some of the changes we proposed in these NPRMs in the context of other rulemaking proceedings; in other cases, we have decided not to pursue the policy we proposed in the NPRM. Consequently, as part of a comprehensive review of our regulatory processes, we are withdrawing the seven NPRMs listed below. NPRMs Being Withdrawn Supplemental Security Income for the Aged, Blind, and Disabled; Suspensions, Terminations, and Advance Notice of Unfavorable Determination (51 FR 17057, May 8, 1986) (SSA–31P). Disability Insurance and Supplemental Security Income; Nonpayment Policy for Consultative Examination Appointments That Are Not Kept (53 FR 39487, October 7, 1988) (SSA–181P). Reduction for Receipt of Government Pension (54 FR 51036, December 12, 1989) (SSA–188P). Supplemental Security Income for the Aged, Blind, and Disabled (55 FR 33922, August 20, 1990) (SSA–180P). Disability Insurance and Supplemental Security Income for the Aged, Blind, and Disabled; Determinations of Disability— Determining State Agency Substantial Failure to Comply with Federal Rules (56 FR 11025, March 14, 1991) (SSA– 206P). Administrative Review Process; Prehearing and Posthearing Conferences (65 FR 38796, June 22, 2000) (SSA– 778P). New Disability Claims Process (66 FR 5494, January 19, 2001) (SSA–816P). SUMMARY: We are withdrawing seven proposed rules we published in the Federal Register that we no longer plan to pursue. DATES: The proposed rules identified in this document are withdrawn as of November 24, 2009. FOR FURTHER INFORMATION CONTACT: Richard Bresnick, Social Insurance Specialist, Office of Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401. Call (410) 965–1758 for information about this notice. For information on eligibility or filing for benefits, call our national toll-free number 1 (800) 772– 1213 or TTY 1 (800) 325–0778. You may also contact Social Security Online at http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Dated: October 26, 2009. Michael J. Astrue, Commissioner of Social Security. [FR Doc. E9–28140 Filed 11–23–09; 8:45 am] Electronic Version RIN 1400–AC59 The electronic file of this document is available on the date of publication in the Federal Register at http:// www.gpoaccess.gov/fr/index.html. PART 73–SPECIAL USE AIRSPACE VerDate Nov<24>2008 § 73.22 Background Over the years, we have published in the Federal Register several notices of PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 BILLING CODE 4191–02–P DEPARTMENT OF STATE 22 CFR Part 125 [Public Notice 6338] Amendment to the International Traffic in Arms Regulations: Section 125.4(b)(9) Export Exemption for Technical Data Department of State. Proposed rule. AGENCY: ACTION: E:\FR\FM\24NOP1.SGM 24NOP1 WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Proposed Rules SUMMARY: The Department of State is proposing to amend the International Traffic in Arms Regulations (ITAR) regarding an exemption for technical data, to clarify that the exemption covers technical data, regardless of media or format, sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government agency outside the United States. DATES: The Department of State will accept comments on this proposed rule until January 25, 2010. ADDRESSES: Interested parties may submit comments within 60 days of the date of the publication by any of the following methods: • E-mail: DDTCResponseTeam@state.gov with an appropriate subject line. • Mail: Department of State, Directorate of Defense Trade Controls, Office of Defense Trade Controls Policy, Attn: Regulatory Change, Section 125.4, SA–1, 12th Floor, Washington, DC 20522–0112. • Persons with access to the Internet may also view this notice by going to the U.S. Government regulations.gov Web site at http://regulations.gov/ index.cfm. FOR FURTHER INFORMATION CONTACT: Director Charles Shotwell, Office of Defense Trade Controls Policy, Department of State, Telephone (202) 663–2792 or Fax (202) 261–8199; E-mail DDTCResponseTeam@state.gov. Attn: Regulatory Change, Section 125.4. SUPPLEMENTARY INFORMATION: The proposed export exemption at 22 CFR 125.4(b)(9) is amended to allow technical data, including classified information, and regardless of media or format, sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government agency outside the United States under certain specified circumstances reflected in 22 CFR 125.4(b)(9)(i) through (iii). This amendment will add after the word ‘‘information’’ the words ‘‘and regardless of media or format.’’ Also, the words ‘‘sent by a U.S. corporation to a U.S. person employed by that corporation overseas or to a U.S. Government agency’’ has been replaced by ‘‘sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that corporation or to a U.S. Government agency outside the United States.’’ Thus, the exemption VerDate Nov<24>2008 15:14 Nov 23, 2009 Jkt 220001 will explicitly allow hand carrying technical data by a U.S. person employed by a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government agency outside the United States as long as certain criteria in § 125.4(b)(9) and 125.4(b)(9)(i) through (iii) are met. The word ‘‘overseas’’ will be replaced by ‘‘outside the United States’’ at § 125.4(b)(9), 125.4(b)(9)(i), 125.4(b)(9)(ii), and 125.4(b)(9)(iii). Also, § 125.4(b)(9)(iii) will be amended to add the words ‘‘or taken’’ after the word ‘‘sent.’’ As stated in section 22 CFR 125.4(a), this exemption does not apply to exports to proscribed destinations under 22 CFR 126.1. Regulatory Analysis and Notices Administrative Procedure Act This proposed amendment involves a foreign affairs function of the United States and, therefore, is not subject to the procedures contained in 5 U.S.C. 553 and 554. Regulatory Flexibility Act Since this proposed amendment involves a foreign affairs function of the United States, it does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Reform Act of 1995 This proposed amendment does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This proposed amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. Executive Orders 12372 and 13132 This proposed amendment will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 61293 summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this amendment. Executive Order 12866 This proposed amendment is exempt from review under Executive Order 12866 but has been reviewed internally by the Department of State to ensure consistency with the purposes thereof. Executive Order 12988 The proposed Department of State has reviewed the proposed regulations in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Paperwork Reduction Act This proposed rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 125 Arms and munitions, Classified information, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 125 is proposed to be amended as follows: PART 125—LICENSES FOR THE EXPORT OF TECHNICAL DATA AND CLASSIFIED DEFENSE ARTICLES 1. The authority citation for part 125 continues to read as follows: Authority: Secs. 2 and 38, Public Law 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a. 2. Section 125.4 is amended by revising paragraph (b)(9) to read as follows: § 125.4 Exemptions of general applicability. * * * * * (b) * * * (9) Technical data, including classified information, and regardless of media or format, sent or taken by a U.S. person who is an employee of a U.S. corporation or a U.S. Government agency to a U.S. person employed by that U.S. corporation or to a U.S. Government agency outside the United States. This exemption is subject to the limitations of § 125.1(b) of this subchapter and may be used if: (i) The technical data is to be used outside the United States solely by U.S. persons; E:\FR\FM\24NOP1.SGM 24NOP1 61294 Federal Register / Vol. 74, No. 225 / Tuesday, November 24, 2009 / Proposed Rules (ii) If the U.S. person outside the United States is an employee of the U.S. Government or is directly employed by the U.S. corporation and not by a foreign subsidiary; and (iii) The classified information is sent or taken outside the United States in accordance with the requirements of the Department of Defense National Industrial Security Program Operating Manual (unless such requirements are in direct conflict with guidance provided by the Directorate of Defense Trade Controls, in which case the latter guidance must be followed). * * * * * Dated: November 9, 2009. Ellen O. Tauscher, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. E9–28181 Filed 11–23–09; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Parts 1, 31, and 301 [REG–139255–08] RIN 1545–BI51 Information Reporting for Payments Made in Settlement of Payment Card and Third Party Network Transactions WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking and notice of public hearing. SUMMARY: This document contains proposed regulations relating to information reporting requirements, information reporting penalties, and backup withholding requirements for payment card and third party network transactions. The proposed regulations reflect the enactment of section 6050W and related changes in the law made by the Housing Assistance Tax Act of 2008 that require payment settlement organizations to report payments in settlement of payment card and third party network transactions for each calendar year. The proposed regulations in this document will affect persons that make payment in settlement of payment card and third party network transactions and the payees of these transactions. The proposed regulations provide guidance to assist persons who will be required to make returns reporting payment card and third party network transactions and to the payees of those transactions. This document also provides notice of a public hearing VerDate Nov<24>2008 15:14 Nov 23, 2009 Jkt 220001 on these proposed amendments to the regulations. DATES: Written or electronic comments must be received by January 25, 2010. Outlines of topics to be discussed at the public hearing scheduled for February 10, 2010, at 10 a.m. must be received by January 27, 2010. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–139255–08), room 5205, Internal Revenue Service, P.O. Box 7604, Ben Franklin Station, Washington, DC 20044. Submissions may be hand-delivered Monday through Friday between the hours of 8 a.m. and 4 p.m. to CC:PA:LPD:PR (REG–139255– 08), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at http:// www.regulations.gov/ (IRS REG– 139255–08). FOR FURTHER INFORMATION CONTACT: Concerning these proposed regulations, Barbara Pettoni, (202) 622–4910; concerning submissions of comments or the public hearing, Regina Johnson, (202) 622–7180 (not toll-free numbers). SUPPLEMENTARY INFORMATION: Background This document contains proposed amendments to 26 CFR Part 1 relating to information reporting under sections 6041, 6050W, and 6051 of the Internal Revenue Code (Code). This document also contains proposed amendments to 26 CFR Part 31 relating to backup withholding under section 3406, and to 26 CFR Part 301 relating to information reporting penalties under sections 6721 and 6722. A new reporting requirement, section 6050W, was added to the Code by section 3091(a) of the Housing Assistance Tax Act of 2008, Div. C of Public Law 110–289, 122 Stat. 2654 (the Act), enacted on July 30, 2008. Section 6050W requires merchant acquiring entities and third party settlement organizations to file an information return for each calendar year reporting all payment card transactions and third party network transactions with participating payees occurring in that calendar year. This requirement to file information returns applies to returns for calendar years beginning after December 31, 2010. This section also requires statements to be furnished to participating payees on or before January 31st of the year following the year for which the return is required. The Act also amended section 3406(b)(3) to provide that amounts reportable under section 6050W are subject to backup withholding PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 requirements. Section 3406(a)(1) requires certain payors to perform backup withholding by deducting and withholding income tax from a reportable payment (as defined in section 3406(b)(1)) if the payee fails to furnish the payee’s taxpayer identification number (TIN) to the payor on a required return, or if the Secretary notifies the payor that the TIN furnished by the payee is incorrect. Backup withholding for amounts reportable under section 6050W applies to amounts paid after December 31, 2011. Prior to making an information return, a payor may check the TIN furnished by the payee against the name/TIN combination contained in the IRS’s database maintained for the program, and the IRS will inform the participant whether or not the name/TIN combination furnished by the payee matches a name/TIN combination in the database. The matching information provided to participants will help avoid TIN errors and reduce the number of backup withholding notices required under section 3406(a)(1)(B) of the Code. A verified TIN/name match will also provide participants with reasonable cause relief from penalties under section 6724(a). The Act further provides that, solely for purposes of carrying out TIN matching under section 3406, section 6050W is effective on the date of enactment, July 30, 2008. The TIN matching program described in Rev. Proc. 2003–9, 2003–1 CB 516, permits program participants to verify the payee TINs required to be reported on information returns and payee statements. On February 6, 2009, the IRS announced that persons who will be required to make returns under section 6050W may match TINs under the procedures established by Rev. Proc. 2003–9. See Announcement 2009–6, ‘‘Taxpayer Identification Number (‘‘TIN’’) Matching Program is Available to Persons Required to Make Returns Under New Section 6050W of the Internal Revenue Code’’ (Announcement 2009–6, 2009–9 IRB 643 (March 2, 2009)). See § 601.601(d)(2)(ii)(b). The Act also amended section 6724(d) by adding returns required by section 6050W to the definition of information return for purposes of penalties for failure to comply with certain information reporting requirements. The amendments to section 6724(d) apply to returns for calendar years beginning after December 31, 2010. Notice 2009–19 invited public comments regarding guidance under section 6050W. See Notice 2009–19, ‘‘Information Reporting of Payments Made in Settlement of Payment Card E:\FR\FM\24NOP1.SGM 24NOP1

Agencies

[Federal Register Volume 74, Number 225 (Tuesday, November 24, 2009)]
[Proposed Rules]
[Pages 61292-61294]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28181]


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DEPARTMENT OF STATE

22 CFR Part 125

[Public Notice 6338]
RIN 1400-AC59


Amendment to the International Traffic in Arms Regulations: 
Section 125.4(b)(9) Export Exemption for Technical Data

AGENCY: Department of State.

ACTION: Proposed rule.

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[[Page 61293]]

SUMMARY: The Department of State is proposing to amend the 
International Traffic in Arms Regulations (ITAR) regarding an exemption 
for technical data, to clarify that the exemption covers technical 
data, regardless of media or format, sent or taken by a U.S. person who 
is an employee of a U.S. corporation or a U.S. Government agency to a 
U.S. person employed by that U.S. corporation or to a U.S. Government 
agency outside the United States.

DATES: The Department of State will accept comments on this proposed 
rule until January 25, 2010.

ADDRESSES: Interested parties may submit comments within 60 days of the 
date of the publication by any of the following methods:
     E-mail: DDTCResponseTeam@state.gov with an appropriate 
subject line.
     Mail: Department of State, Directorate of Defense Trade 
Controls, Office of Defense Trade Controls Policy, Attn: Regulatory 
Change, Section 125.4, SA-1, 12th Floor, Washington, DC 20522-0112.
     Persons with access to the Internet may also view this 
notice by going to the U.S. Government regulations.gov Web site at 
http://regulations.gov/index.cfm.

FOR FURTHER INFORMATION CONTACT: Director Charles Shotwell, Office of 
Defense Trade Controls Policy, Department of State, Telephone (202) 
663-2792 or Fax (202) 261-8199; E-mail DDTCResponseTeam@state.gov. 
Attn: Regulatory Change, Section 125.4.

SUPPLEMENTARY INFORMATION: The proposed export exemption at 22 CFR 
125.4(b)(9) is amended to allow technical data, including classified 
information, and regardless of media or format, sent or taken by a U.S. 
person who is an employee of a U.S. corporation or a U.S. Government 
agency to a U.S. person employed by that U.S. corporation or to a U.S. 
Government agency outside the United States under certain specified 
circumstances reflected in 22 CFR 125.4(b)(9)(i) through (iii). This 
amendment will add after the word ``information'' the words ``and 
regardless of media or format.'' Also, the words ``sent by a U.S. 
corporation to a U.S. person employed by that corporation overseas or 
to a U.S. Government agency'' has been replaced by ``sent or taken by a 
U.S. person who is an employee of a U.S. corporation or a U.S. 
Government agency to a U.S. person employed by that corporation or to a 
U.S. Government agency outside the United States.'' Thus, the exemption 
will explicitly allow hand carrying technical data by a U.S. person 
employed by a U.S. corporation or a U.S. Government agency to a U.S. 
person employed by that U.S. corporation or to a U.S. Government agency 
outside the United States as long as certain criteria in Sec.  
125.4(b)(9) and 125.4(b)(9)(i) through (iii) are met. The word 
``overseas'' will be replaced by ``outside the United States'' at Sec.  
125.4(b)(9), 125.4(b)(9)(i), 125.4(b)(9)(ii), and 125.4(b)(9)(iii). 
Also, Sec.  125.4(b)(9)(iii) will be amended to add the words ``or 
taken'' after the word ``sent.'' As stated in section 22 CFR 125.4(a), 
this exemption does not apply to exports to proscribed destinations 
under 22 CFR 126.1.

Regulatory Analysis and Notices

Administrative Procedure Act

    This proposed amendment involves a foreign affairs function of the 
United States and, therefore, is not subject to the procedures 
contained in 5 U.S.C. 553 and 554.

Regulatory Flexibility Act

    Since this proposed amendment involves a foreign affairs function 
of the United States, it does not require analysis under the Regulatory 
Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This proposed amendment does not involve a mandate that will result 
in the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any 
year and it will not significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed amendment has been found not to be a major rule 
within the meaning of the Small Business Regulatory Enforcement 
Fairness Act of 1996.

Executive Orders 12372 and 13132

    This proposed amendment will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this amendment does not have 
sufficient federalism implications to require consultations or warrant 
the preparation of a federalism summary impact statement. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this amendment.

Executive Order 12866

    This proposed amendment is exempt from review under Executive Order 
12866 but has been reviewed internally by the Department of State to 
ensure consistency with the purposes thereof.

Executive Order 12988

    The proposed Department of State has reviewed the proposed 
regulations in light of sections 3(a) and 3(b)(2) of Executive Order 
12988 to eliminate ambiguity, minimize litigation, establish clear 
legal standards, and reduce burden.

Paperwork Reduction Act

    This proposed rule does not impose any new reporting or 
recordkeeping requirements subject to the Paperwork Reduction Act, 44 
U.S.C. Chapter 35.

List of Subjects in 22 CFR Part 125

    Arms and munitions, Classified information, Exports.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 125 is proposed to be amended as follows:

PART 125--LICENSES FOR THE EXPORT OF TECHNICAL DATA AND CLASSIFIED 
DEFENSE ARTICLES

    1. The authority citation for part 125 continues to read as 
follows:

    Authority: Secs. 2 and 38, Public Law 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p. 79; 
22 U.S.C. 2651a.

    2. Section 125.4 is amended by revising paragraph (b)(9) to read as 
follows:


Sec.  125.4  Exemptions of general applicability.

* * * * *
    (b) * * *
    (9) Technical data, including classified information, and 
regardless of media or format, sent or taken by a U.S. person who is an 
employee of a U.S. corporation or a U.S. Government agency to a U.S. 
person employed by that U.S. corporation or to a U.S. Government agency 
outside the United States. This exemption is subject to the limitations 
of Sec.  125.1(b) of this subchapter and may be used if:
    (i) The technical data is to be used outside the United States 
solely by U.S. persons;

[[Page 61294]]

    (ii) If the U.S. person outside the United States is an employee of 
the U.S. Government or is directly employed by the U.S. corporation and 
not by a foreign subsidiary; and
    (iii) The classified information is sent or taken outside the 
United States in accordance with the requirements of the Department of 
Defense National Industrial Security Program Operating Manual (unless 
such requirements are in direct conflict with guidance provided by the 
Directorate of Defense Trade Controls, in which case the latter 
guidance must be followed).
* * * * *

    Dated: November 9, 2009.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. E9-28181 Filed 11-23-09; 8:45 am]
BILLING CODE 4710-25-P