Policy on Review Time for License Applications, 63497 [E9-28875]

Download as PDF Federal Register / Vol. 74, No. 231 / Thursday, December 3, 2009 / Notices the Commission were held on October 23–24, 2006, in Santiago, Chile. At the fourth Council meeting held on April 24, 2008, in Santiago, Chile, the Council discussed the implementation of Chapter 19 of the FTA with respect to public participation, progress reports on the eight cooperative projects under Chapter 19, implementation of the 2005–2006 Work Program, and elaboration of the 2007–2008 Work Program. At that meeting the Trade and Environment Policy Advisory Committee and Chile’s Advisory Committee held the first ever exchange between FTA-related trade and environment advisory committees. At the upcoming fifth meeting of the Council, the Council will review the status of implementation of Chapter 19 and receive reports on levels of environmental protection (Article 19.1), enforcement of environmental laws (Article 19.2), opportunities for public participation (Article 19.4), the environment roster (Article 19.7), procedural matters (Article 19.8) and principles of corporate stewardship (Article 19.10). The Council will also assess the progress of projects outlined in Annex 19.3, the roles and activities of the Trade and Environment Policy Advisory Committee and the public advisory committee that advises the Chilean government on trade and environment policy issues, and the 2009–2010 Work Program Pursuant to the ECA. At its third meeting, the Commission, during a Joint Public Session with the Council, will receive reports on progress of implementing the 2007–2008 ECA Work Program and review and approve a new work program. At these meetings, the Council and Commission will also consider recommendations for future bilateral environmental cooperation. The public is advised to refer to the State Department Web site at http:// www.state.gov/g/oes/env/trade/chile/ index.htm and the USTR Web site at http://www.USTR.gov for further information. Dated: November 30, 2009. Willem H. Brakel, Acting Director, Office of Environmental Policy, Department of State. [FR Doc. E9–28877 Filed 12–2–09; 8:45 am] jlentini on DSKJ8SOYB1PROD with NOTICES BILLING CODE 4710–09–P DEPARTMENT OF STATE [Public Notice: 6803] Policy on Review Time for License Applications AGENCY: Department of State. VerDate Nov<24>2008 16:16 Dec 02, 2009 Jkt 220001 ACTION: Notice. In National Security Presidential Directive–56, Defense Trade Reform, signed January 22, 2008, the Department of State was directed to complete the review and adjudication of license applications within 60 days of receipt, except in cases where national security exceptions apply. The President further directed that these exceptions be published. A Federal Register notice entitled ‘‘Policy on Review Time for License Applications’’ was published on April 15, 2008 (73 FR 20357) stating five national security exceptions. Experience in the last nineteen months has indicated that a sixth exception is required. It has been noted in reviews that events may require the Department of State to initiate a review of an established export policy relevant to license applications. By the nature of the established deadline, this might result in cases that have been approvable before the review being returned without action to the applicant while the review is ongoing. Enforcement of the deadline without being able to account for these situations might result in another applicant’s license, submitted after the first license but that had not reached the 60-day deadline, being approved once the review is complete; inadvertently creating an unlevel playing field. As such, the Directorate of Defense Trade Controls has added a sixth exception to account for this issue. In accordance with NSPD–56, the following six national security exceptions are applicable: (1) When a Congressional Notification is required: The Arms Export Control Act Section 36 (c) and (d) and the International Traffic in Arms Regulations, 22 CFR 123.15, requires a certification be provided to Congress prior to granting any license or other approval for transactions, if it meets the requirements identified for the sale of major defense equipment, manufacture abroad of significant military equipment, defense articles and services, or the re-transfer to other nations. Notification thresholds differ based on the dollar value, countries concerned and defense articles and services. (2) Required Government Assurances have not been received. These would include, for example, Missile Technology Control Regime Assurances, and Cluster Munitions assurances. (3) End-use Checks have not been completed. (Commonly referred to as ‘‘Blue Lantern’’ checks. End-use checks are key to the U.S. Government’s prevention of illegal defense exports PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 63497 and technology transfers, and range from simple contacts to verifying the bona fides of a transaction to physical inspection of an export.) (4) The Department of Defense has not yet completed its review. (5) A Waiver of Restrictions is required. (For example, a sanctions waiver.) (6) When a related export policy is under active review and pending final determination by the Department of State. Dated: November 23, 2009. Robert S. Kovac, Acting Deputy Assistant Secretary for Defense Trade, Bureau of Political Military Affairs, Department of State. [FR Doc. E9–28875 Filed 12–2–09; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF TRANSPORTATION Office of the Secretary of Transportation [Docket No. FHWA–2009–0123] Notice of Funding Availability for Applications for Credit Assistance Under the Transportation Infrastructure Finance and Innovation Act (TIFIA) Program; Clarification of TIFIA Selection Criteria; and Request for Comments on Potential Implementation of Pilot Program To Accept Upfront Payments for the Entire Subsidy Cost of TIFIA Credit Assistance AGENCY: Federal Highway Administration (FHWA), Federal Railroad Administration (FRA), Federal Transit Administration (FTA), Maritime Administration (MARAD), Office of the Secretary of Transportation (OST), U.S. Department of Transportation (DOT). ACTION: Notice of Funding Availability; Clarification of Selection Criteria; Request for Comments. SUMMARY: The DOT’s TIFIA Joint Program Office (JPO) announces the availability of a limited amount of funding in fiscal year (FY) 2010 to support new applications for credit assistance. Under TIFIA, the DOT provides secured (direct) loans, lines of credit, and loan guarantees to public and private applicants for eligible surface transportation projects of regional or national significance. Projects must meet statutorily specified criteria to be selected for credit assistance. Because demand for the TIFIA program now exceeds budgetary resources, the DOT hereby formally E:\FR\FM\03DEN1.SGM 03DEN1

Agencies

[Federal Register Volume 74, Number 231 (Thursday, December 3, 2009)]
[Notices]
[Page 63497]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28875]


-----------------------------------------------------------------------

DEPARTMENT OF STATE

[Public Notice: 6803]


Policy on Review Time for License Applications

AGENCY: Department of State.

ACTION: Notice.

-----------------------------------------------------------------------

    In National Security Presidential Directive-56, Defense Trade 
Reform, signed January 22, 2008, the Department of State was directed 
to complete the review and adjudication of license applications within 
60 days of receipt, except in cases where national security exceptions 
apply. The President further directed that these exceptions be 
published. A Federal Register notice entitled ``Policy on Review Time 
for License Applications'' was published on April 15, 2008 (73 FR 
20357) stating five national security exceptions.
    Experience in the last nineteen months has indicated that a sixth 
exception is required. It has been noted in reviews that events may 
require the Department of State to initiate a review of an established 
export policy relevant to license applications. By the nature of the 
established deadline, this might result in cases that have been 
approvable before the review being returned without action to the 
applicant while the review is ongoing. Enforcement of the deadline 
without being able to account for these situations might result in 
another applicant's license, submitted after the first license but that 
had not reached the 60-day deadline, being approved once the review is 
complete; inadvertently creating an unlevel playing field. As such, the 
Directorate of Defense Trade Controls has added a sixth exception to 
account for this issue. In accordance with NSPD-56, the following six 
national security exceptions are applicable:
    (1) When a Congressional Notification is required: The Arms Export 
Control Act Section 36 (c) and (d) and the International Traffic in 
Arms Regulations, 22 CFR 123.15, requires a certification be provided 
to Congress prior to granting any license or other approval for 
transactions, if it meets the requirements identified for the sale of 
major defense equipment, manufacture abroad of significant military 
equipment, defense articles and services, or the re-transfer to other 
nations. Notification thresholds differ based on the dollar value, 
countries concerned and defense articles and services.
    (2) Required Government Assurances have not been received. These 
would include, for example, Missile Technology Control Regime 
Assurances, and Cluster Munitions assurances.
    (3) End-use Checks have not been completed. (Commonly referred to 
as ``Blue Lantern'' checks. End-use checks are key to the U.S. 
Government's prevention of illegal defense exports and technology 
transfers, and range from simple contacts to verifying the bona fides 
of a transaction to physical inspection of an export.)
    (4) The Department of Defense has not yet completed its review.
    (5) A Waiver of Restrictions is required. (For example, a sanctions 
waiver.)
    (6) When a related export policy is under active review and pending 
final determination by the Department of State.

    Dated: November 23, 2009.
Robert S. Kovac,
Acting Deputy Assistant Secretary for Defense Trade, Bureau of 
Political Military Affairs, Department of State.
[FR Doc. E9-28875 Filed 12-2-09; 8:45 am]
BILLING CODE 4710-25-P