Amendment to the International Traffic in Arms Regulations: Commodity Jurisdiction, 46843-46844 [2010-19136]
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Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations
[FR Doc. 2010–19072 Filed 8–3–10; 8:45 am]
already noted in form DS–4076,
information contained in the
description block (Block 5) (exclusive of
information legitimately identified as
proprietary in Block 15) will be used in
DDTC’s published Commodity
Jurisdiction determinations list, to be
available on the DDTC Web site. Also,
22 CFR 120.4(a) is amended to state that
the ‘‘Commodity Jurisdiction (CJ)
Determination Form’’ must be
electronically submitted to DDTC. For
twenty-nine (29) days after the effective
date of this final rule, a request for a
commodity jurisdiction determination
may be submitted electronically or via
a paper format. After thirty (30) days
from the effective date of this final rule,
electronic submission via the
‘‘Commodity Jurisdiction (CJ)
Determination Form’’ (Form DS–4076)
will be mandatory. Additionally,
§ 120.4(c) was amended to eliminate the
instruction to submit seven collated sets
of supporting documentation.
BILLING CODE 4910–13–P
Regulatory Analysis and Notices
a. Airplanes with passenger capacities
of 19 or less,
b. Airplanes that do not have § 25.853,
Amendment 25–61 or later, in their
certification basis and do not need to
comply with the requirements of
§ 121.312, and
c. Airplanes exempted from § 25.853,
Amendment 25–61 or later.
4. Only airplanes associated with new
seat-certification programs approved
after the effective date of these special
conditions will be affected by the
requirements in these special
conditions. Previously certificated
interiors on the existing airplane fleet,
and follow-on deliveries of airplanes
with previously certificated interiors,
are not affected.
Issued in Renton, Washington, on July 27,
2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
Administrative Procedure Act
This 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.
DEPARTMENT OF STATE
22 CFR Part 120
RIN 1400–AC63
[Public Notice: 7075]
Regulatory Flexibility Act
Amendment to the International Traffic
in Arms Regulations: Commodity
Jurisdiction
Department of State.
ACTION: Final rule.
AGENCY:
jdjones on DSK8KYBLC1PROD with RULES
Unfunded Mandates Reform Act of 1995
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to address
electronic submission of a request for a
commodity jurisdiction determination
using ‘‘Commodity Jurisdiction (CJ)
Determination Form’’ (Form DS–4076).
DATES: Effective Date: This rule is
effective August 4, 2010.
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, Part 120.
SUPPLEMENTARY INFORMATION: A new
form entitled ‘‘Commodity Jurisdiction
(CJ) Determination Form’’ (Form DS–
4076) has been added to the listing of
forms at 22 CFR 120.28(a)(8). This form
was made available via the Directorate
of Defense Trade Controls’ (DDTC) Web
site (https://www.pmddtc.state.gov) for
public use on a trial basis (as well as
comment) on September 30, 2009. As
SUMMARY:
VerDate Mar<15>2010
12:40 Aug 03, 2010
Jkt 220001
Since this amendment involves a
foreign affairs function of the United
States, it does not require analysis under
the Regulatory Flexibility Act.
This 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.
Executive Order 13175
The Department has determined that
this rulemaking will not have Tribal
implications, will not impose
substantial direct compliance costs on
Indian Tribal governments, and will not
pre-empt Tribal law. Accordingly, the
requirements of Section 5 of Executive
Order 13175 do not apply to his
rulemaking.
Small Business Regulatory Enforcement
Fairness Act of 1996
This amendment has been found not
to be a major rule within the meaning
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
46843
of the Small Business Regulatory
Enforcement Fairness Act of 1996.
Executive Orders 12372 and 13132
This 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 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 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 collection was approved under
OMB Control Number 1405–0163. This
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 120
Arms and munitions, Classified
information, Exports.
Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, part 120 is amended as follows:
■
PART 120—PURPOSE AND
DEFINITIONS
1. The authority citation for part 120
continues to read as follows:
■
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2794; E.O. 11958, 42 FR
4311; E.O. 13284, 68 FR 4075; 3 CFR, 1977
Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105–
261, 112 Stat. 1920.
2. Section 120.4 is amended by
revising paragraphs (a) and (c) to read as
follows:
■
E:\FR\FM\04AUR1.SGM
04AUR1
46844
§ 120.4
Federal Register / Vol. 75, No. 149 / Wednesday, August 4, 2010 / Rules and Regulations
Commodity jurisdiction.
DEPARTMENT OF THE TREASURY
(a) The commodity jurisdiction
procedure is used with the U.S.
Government if doubt exists as to
whether an article or service is covered
by the U.S. Munitions List. It may also
be used for consideration of a
redesignation of an article or service
currently covered by the U.S. Munitions
List. The Department must provide
notice to Congress at least 30 days
before any item is removed from the
U.S. Munitions List. Upon electronic
submission of a Commodity Jurisdiction
(CJ) Determination Form (Form DS–
4076), the Directorate of Defense Trade
Controls shall provide a determination
of whether a particular article or service
is covered by the U.S. Munitions List.
The determination, consistent with
§§ 120.2, 120.3, and 120.4, entails
consultation among the Departments of
State, Defense, Commerce, and other
U.S. Government agencies and industry
in appropriate cases.
*
*
*
*
*
(c) Requests shall identify the article
or service, and include a history of this
product’s design, development, and use.
Brochures, specifications, and any other
documentation related to the article or
service should be submitted as
electronic attachments per the
instructions for Form DS–4076.
*
*
*
*
*
3. Section 120.28 is amended by
adding paragraph (a)(8) to read as
follows:
■
List of Subjects
Internal Revenue Service
26 CFR Part 53
Excise taxes, Foundations,
Investments, Lobbying, Reporting and
recordkeeping requirements.
26 CFR Parts 53 and 54
[TD 9492]
26 CFR Part 54
Excise taxes, Pensions, Reporting and
recordkeeping requirements.
RIN 1545–BG18
Excise Taxes on Prohibited Tax Shelter
Transactions and Related Disclosure
Requirements; Disclosure
Requirements With Respect to
Prohibited Tax Shelter Transactions;
Requirement of Return and Time for
Filing; Correction
Internal Revenue Service (IRS),
Treasury.
AGENCY:
ACTION:
Correcting amendment.
This correction is effective on
August 4, 2010, and is applicable on
July 6, 2010.
*
FOR FURTHER INFORMATION CONTACT:
DATES:
[FR Doc. 2010–19136 Filed 8–3–10; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4710–25–P
jdjones on DSK8KYBLC1PROD with RULES
Dated: July 15, 2010.
Ellen O. Tauscher,
Under Secretary, Arms Control and
International Security, Department of State.
For
questions concerning these regulations,
contact Benjamin Akins at (202) 622–
1124 or Michael Blumenfeld at (202)
622–6070. For questions specifically
relating to qualified pension plans,
individual retirement accounts, and
similar tax-favored savings
arrangements, contact Cathy Pastor at
(202) 622–6090 (not toll-free numbers).
Background
As published, the final regulations
(TD 9492) contain errors that may prove
to be misleading and are in need of
clarification.
Jkt 220001
Paragraph 1. The authority citation
for part 53 continues to read in part as
follows:
■
PO 00000
Frm 00008
Par. 2. Section 53.4965–2 is amended
by revising paragraphs (c)(6)(i) and
(c)(6)(i)(C) to read as follows:
■
§ 53.4965–2
Covered tax-exempt entities.
*
*
*
*
*
(c) * * *
(6) * * *
(i) Individual retirement plans
defined in section 408(a) and (b),
including—
(A) * * *
(B) * * *
(C) Deemed individual retirement
accounts or annuities (IRAs) qualified
under a qualified plan (deemed IRAs)
under section 408(q); and
*
*
*
*
*
■ Par. 3. Section 53.4965–5 is amended
by revising the first sentence of
paragraph (c)(4) Example to read as
follows:
§ 53.4965–5
definitions.
*
Entity managers and related
*
*
(c) * * *
(4) * * *
*
*
Example. In a sale-in, lease-out (SILO)
transaction described in Notice 2005–13
(2005–1 CB 630), X, which is a non-plan
entity, has purported to sell property to Y, a
taxable entity and lease it back for a term of
years. * * *
*
*
*
*
Par. 4. Section 53.4965–8 is amended
by revising the first sentence of
paragraph (e) and the second sentence
of paragraph (f) Example 1. (iii) to read
as follows:
■
Need for Correction
12:40 Aug 03, 2010
PART 53—FOUNDATION AND SIMILAR
EXCISE TAXES
*
The final regulations (TD 9492) that
are the subject of this document are
under sections 4965, 6011 and 6071 of
the Internal Revenue Code.
VerDate Mar<15>2010
Accordingly, 26 CFR parts 53 and 54
are corrected by making the following
correcting amendments:
■
Authority: 26 U.S.C. 7805 * * *
This document contains
correcting amendments to IRS
regulations providing guidance under
4965 of the Internal Revenue Code,
relating to entity-level and managerlevel excise taxes with respect to
prohibited tax shelter transactions to
which tax-exempt entities are parties;
sections 6033(a)(2) and 6011(g), relating
to certain disclosure obligations with
respect to such transactions; and
sections 6011 and 6071, relating to the
requirement of a return and time for
filing with respect to section 4965 taxes.
These errors were made when the
agency published final regulations (TD
9492) in the Federal Register on
Tuesday, July 6, 2010 (75 FR 38700).
SUMMARY:
§ 120.28 Listing of forms referred to in this
subchapter.
*
*
*
*
(a) * * *
(8) Commodity Jurisdiction (CJ)
Determination Form (Form DS–4076).
*
*
*
*
*
Correction of Publication
Fmt 4700
Sfmt 4700
§ 53.4965–8 Definition of net income and
proceeds and standard for allocating net
income or proceeds to various periods.
*
*
*
*
*
(e) Allocation to pre-and post-listing
periods. If a transaction other than a
E:\FR\FM\04AUR1.SGM
04AUR1
]]>Agencies
[Federal Register Volume 75, Number 149 (Wednesday, August 4, 2010)]
[Rules and Regulations]
[Pages 46843-46844]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19136]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 120
RIN 1400-AC63
[Public Notice: 7075]
Amendment to the International Traffic in Arms Regulations:
Commodity Jurisdiction
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to address electronic submission of a
request for a commodity jurisdiction determination using ``Commodity
Jurisdiction (CJ) Determination Form'' (Form DS-4076).
DATES: Effective Date: This rule is effective August 4, 2010.
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, Part 120.
SUPPLEMENTARY INFORMATION: A new form entitled ``Commodity Jurisdiction
(CJ) Determination Form'' (Form DS-4076) has been added to the listing
of forms at 22 CFR 120.28(a)(8). This form was made available via the
Directorate of Defense Trade Controls' (DDTC) Web site (https://www.pmddtc.state.gov) for public use on a trial basis (as well as
comment) on September 30, 2009. As already noted in form DS-4076,
information contained in the description block (Block 5) (exclusive of
information legitimately identified as proprietary in Block 15) will be
used in DDTC's published Commodity Jurisdiction determinations list, to
be available on the DDTC Web site. Also, 22 CFR 120.4(a) is amended to
state that the ``Commodity Jurisdiction (CJ) Determination Form'' must
be electronically submitted to DDTC. For twenty-nine (29) days after
the effective date of this final rule, a request for a commodity
jurisdiction determination may be submitted electronically or via a
paper format. After thirty (30) days from the effective date of this
final rule, electronic submission via the ``Commodity Jurisdiction (CJ)
Determination Form'' (Form DS-4076) will be mandatory. Additionally,
Sec. 120.4(c) was amended to eliminate the instruction to submit seven
collated sets of supporting documentation.
Regulatory Analysis and Notices
Administrative Procedure Act
This 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 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 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.
Executive Order 13175
The Department has determined that this rulemaking will not have
Tribal implications, will not impose substantial direct compliance
costs on Indian Tribal governments, and will not pre-empt Tribal law.
Accordingly, the requirements of Section 5 of Executive Order 13175 do
not apply to his rulemaking.
Small Business Regulatory Enforcement Fairness Act of 1996
This 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 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 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 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 collection was approved under OMB Control Number 1405-0163.
This 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 120
Arms and munitions, Classified information, Exports.
0
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, part 120 is amended as follows:
PART 120--PURPOSE AND DEFINITIONS
0
1. The authority citation for part 120 continues to read as follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 4311;
E.O. 13284, 68 FR 4075; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a;
Pub. L. 105-261, 112 Stat. 1920.
0
2. Section 120.4 is amended by revising paragraphs (a) and (c) to read
as follows:
[[Page 46844]]
Sec. 120.4 Commodity jurisdiction.
(a) The commodity jurisdiction procedure is used with the U.S.
Government if doubt exists as to whether an article or service is
covered by the U.S. Munitions List. It may also be used for
consideration of a redesignation of an article or service currently
covered by the U.S. Munitions List. The Department must provide notice
to Congress at least 30 days before any item is removed from the U.S.
Munitions List. Upon electronic submission of a Commodity Jurisdiction
(CJ) Determination Form (Form DS-4076), the Directorate of Defense
Trade Controls shall provide a determination of whether a particular
article or service is covered by the U.S. Munitions List. The
determination, consistent with Sec. Sec. 120.2, 120.3, and 120.4,
entails consultation among the Departments of State, Defense, Commerce,
and other U.S. Government agencies and industry in appropriate cases.
* * * * *
(c) Requests shall identify the article or service, and include a
history of this product's design, development, and use. Brochures,
specifications, and any other documentation related to the article or
service should be submitted as electronic attachments per the
instructions for Form DS-4076.
* * * * *
0
3. Section 120.28 is amended by adding paragraph (a)(8) to read as
follows:
Sec. 120.28 Listing of forms referred to in this subchapter.
* * * * *
(a) * * *
(8) Commodity Jurisdiction (CJ) Determination Form (Form DS-4076).
* * * * *
Dated: July 15, 2010.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2010-19136 Filed 8-3-10; 8:45 am]
BILLING CODE 4710-25-P
