Department of State Retrospective Review under E.O. 13563, 13931-13932 [2011-5813]

Download as PDF Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules copy of a purchase order required by paragraph (b)(1) of this section; and (4) If the replacement parts or components are shipped, the exporter must use the U. S. Postal Service, or only those freight forwarders registered with the Directorate of Defense Trade Controls and eligible, or licensed customs brokers that are subject to background investigation and have passed a comprehensive examination administered by U.S. Customs and Border Protection. If export is by hand carry, the exporter must ensure that the AES filing is completed at the time of export; and (5) Maintain records, to be provided on request to the Directorate of Defense Trade Controls, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, and other authorized U.S. law enforcement agencies, that support the exporter’s authority to use the exemption in accordance with the requirements of paragraphs (a)(1) through (9) and (b)(1) and (2) of this section. (c) The authority to use this exemption may be revoked at any time by the Managing Director, Directorate of Defense Trade Controls, if the exporter is found to be not in compliance with the requirements listed in this section. PART 126—GENERAL POLICIES AND PROVISIONS 3. The authority citation for part 126 continues to read as follows: Authority: Secs. 2, 38, 40, 42 and 71, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791 and 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp., p.79; 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p.899; Sec. 1225, Pub. L. 108–375. 4. Part 126 is amended by adding and reserving §§ 126.16–126.18 to read as follows: § 126.16 [Reserved] § 126.17 [Reserved] § 126.18 [Reserved] 5. Add § 126.19 to read as follows: mstockstill on DSKH9S0YB1PROD with PROPOSALS § 126.19 Policy on the export and re-export of defense articles incorporated into commodities ‘‘subject to the EAR.’’ (a) A license or other approval from the Department of State is not required for the export or re-export of a defense article(s) that has/have been incorporated into an end-item subject to the Export Administration Regulations (EAR) (see 15 CFR 734.3), when all of the following conditions are met: (1) The end-item would be rendered inoperable, for purposes of intended applications or enhanced capabilities VerDate Mar<15>2010 16:13 Mar 14, 2011 Jkt 223001 for which the defense article was incorporated into the end-item, by the removal of the defense article(s); and (2) ‘‘Technology’’ subject to the EAR for the ‘‘production,’’ ‘‘development,’’ or ‘‘use’’ (as defined in 15 CFR 772.1) of the end-item does not include any technical data (as defined by § 120.10) or ‘‘technical assistance’’ (as defined in 15 CFR 772.1) qualifying as defense services (as defined by § 120.9) about the defense article(s) incorporated into the end-item; and (3) Incorporation of the defense article(s) does/do not provide, nor is it related to, a military application or ‘‘military end-use’’ (as defined in 15 CFR 744.21), or does not result in a ‘‘military commodity’’ (as defined in 15 CFR § 772.1); and (4) The value of the defense articles is less than 1% of the value of the enditem. (b) A license or other approval from the Department of State is not required for the export or re-export of a defense article(s) that has/have been incorporated into a component (as defined in ITAR § 121.8(b)) subject to the EAR or an end-item subject to the EAR, when all the following conditions are met: (1) The defense article would be destroyed (i.e., rendered useless beyond the possibility of restoration) by its removal from the component, major assembly or end-item; (2) ‘‘Technology’’ subject to the EAR for the ‘‘production,’’ ‘‘development,’’ or ‘‘use’’ (as defined in 15 CFR 772.1) of the component, or major assembly does not include any technical data (as defined by § 120.10) or ‘‘technical assistance’’ (as defined in 15 CFR 772.1) qualifying as defense services (as defined by § 120.9) about the defense article incorporated into the component or major assembly; and (3) Incorporation of the defense article does not provide, nor is it related to, a military application or ‘‘military enduse’’ (as defined in 15 CFR 744.21), or does not result in a ‘‘military commodity’’ (as defined in 15 CFR 772.1). (c) A license or other approval from the Department of State is required for the export or re-export of the defense article when exported or re-exported as a replacement part or component for a component, major assembly, or enditem subject to the EAR. Dated: March 4, 2011. Ellen O. Tauscher, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2011–5821 Filed 3–14–11; 8:45 am] BILLING CODE 4710–25–P PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 13931 DEPARTMENT OF STATE 22 CFR Chapter I 28 CFR Chapter XI [Public Notice: 7351] Department of State Retrospective Review under E.O. 13563 Department of State. Request for information and comment. AGENCY: ACTION: As part of its implementation of Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ issued by the President on January 18, 2011, the Department of State (DOS) is seeking comments and information from interested parties to assist DOS in reviewing its existing regulations to determine if any of them should be modified or repealed. The purpose of this review is to make DOS’s regulatory program more effective and less burdensome in achieving its regulatory objectives. DATES: Written comments and information are requested on or before March 31, 2011. ADDRESSES: Interested persons are encouraged to submit comments, identified by ‘‘Regulatory Review,’’ by any of the following methods: Docket: For access to the docket to read background documents or comments received, go to the Federal e-Rulemaking Portal at https:// www.regulations.gov and search on docket number DOS–2011–0047. Mail: U.S. Department of State, A/GIS/DIR, SA–22, Washington, DC 20522–2201. E-Mail: RegulatoryReview@State.gov. Include ‘‘Regulatory Review’’ in the subject line of the message. FOR FURTHER INFORMATION CONTACT: Thelma Furlong, 202–216–9600. SUPPLEMENTARY INFORMATION: On January 18, 2011, the President issued Executive Order 13563, ‘‘Improving Regulation and Regulatory Review,’’ to ensure that Federal regulations seek more affordable, less intrusive means to achieve policy goals, and that agencies give careful consideration to the benefits and costs of those regulations. The Executive Order can be found at: https://www.gpo.gov/fdsys/pkg/FR-201101-21/pdf/2011-1385.pdf. To implement the Executive Order, the Department is taking two immediate steps to launch its retrospective review of existing regulatory and reporting requirements. First, the Department issues this Request for Information (RFI) seeking public comment on how best to SUMMARY: E:\FR\FM\15MRP1.SGM 15MRP1 13932 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules review its existing regulations and to identify whether any of its existing regulations should be modified or repealed. Second, the Department has created a link on the DOS Internet site to an e-mail in-box at RegulatoryReview@State.gov, which interested parties can use to identify to DOS—on a continuing basis— regulations that may be in need of review in the future. These steps will help the Department ensure that its regulations remain necessary, properly tailored, and have up-to-date requirements that effectively achieve regulatory objectives without imposing unwarranted costs. mstockstill on DSKH9S0YB1PROD with PROPOSALS Request for Information Pursuant to the Executive Order, the Department is developing a preliminary plan for the periodic review of its existing regulations and reporting obligations. The Department’s goal is to create a systematic method for identifying those significant rules that are obsolete or simply no longer make sense. While this review will focus on the elimination of rules that are no longer warranted, DOS will also consider strengthening, complementing, or modernizing rules where necessary or appropriate—including, as relevant, undertaking new rulemakings. Consistent with the Department’s commitment to public participation in the rulemaking process, the Department is beginning this process by soliciting views from the public on how best to conduct its analysis of existing DOS rules and how best to identify those rules that might be modified or repealed. It is also seeking views from the public on specific rules or Department-imposed obligations that should be altered or eliminated. In short, engaging the public in an open, transparent process is a crucial first step in DOS’s review of its existing regulations. List of Questions for Commenters The following list of questions is intended solely to assist in the formulation of comments and is not intended to be exhaustive or restrict the issues that the public might want to address. The Department requests that anyone submitting comments specify the regulation or reporting requirement at issue, providing legal citation when known, and the reasons why the regulation or reporting requirement should be modified or repealed. (1) How can the Department best promote meaningful periodic reviews of its existing rules and how can it best identify those rules that might be modified or repealed? VerDate Mar<15>2010 16:13 Mar 14, 2011 Jkt 223001 (2) What factors should the agency consider in selecting and prioritizing rules and reporting requirements for review? (3) Are there regulations that simply make no sense or have become unnecessary, ineffective, or ill advised and, if so, what are they? (4) Are there rules that are still necessary, but have not operated as well as expected such that a stronger or different approach is justified? (5) Does the Department currently collect information that it does not need or use effectively to achieve regulatory objectives? (6) Are there regulations, reporting requirements, or regulatory processes that are unnecessarily complicated or could be streamlined to achieve regulatory objectives in more efficient ways? (7) Can new technologies be leveraged to modify or do away with existing regulatory or reporting requirements? (8) How can the Department best obtain and consider accurate, objective information and data about the costs, burdens, and benefits of existing regulations? Are there existing sources of data the Department can use to evaluate the post-promulgation effects of regulations over time? (9) Are there regulations that are working well that can be expanded or used as a model to fill gaps in other DOS regulatory programs? (10) Are there other concerns that DOS should consider consistent with Executive Order 13563? The Department notes that this RFI is issued solely for information and program-planning purposes. While responses to this RFI do not bind DOS to any further actions related to the response, all submissions will be made publicly available on https:// www.regulations.gov. Dated: March 3, 2011. Patrick F. Kennedy, Under Secretary, Office of the Undersecretary for Management, Department of State. [FR Doc. 2011–5813 Filed 3–14–11; 8:45 am] BILLING CODE 4710–24–P PO 00000 DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 301 [REG–140108–08] RIN 1545–BI29 Disclosure of Information to State Officials Regarding Tax-Exempt Organizations Internal Revenue Service (IRS), Treasury. ACTION: Notice of proposed rulemaking. AGENCY: This document contains proposed regulations that amend existing regulations to reflect changes to section 6104(c) of the Internal Revenue Code (Code) made by the Pension Protection Act of 2006 (PPA). These rules provide guidance to states regarding the process by which they may obtain or inspect certain returns and return information (including information about final and proposed denials and revocations of tax-exempt status) for the purpose of administering state laws governing certain tax-exempt organizations and their activities. These regulations will affect such exempt organizations, as well as those state agencies choosing to obtain information from the Internal Revenue Service (IRS) under section 6104(c). DATES: Written or electronic comments and requests for a public hearing must be received by June 13, 2011. ADDRESSES: Send submissions to: CC:PA:LPD:PR (REG–140108–08), Room 5203, 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–140108– 08), Courier’s Desk, Internal Revenue Service, 1111 Constitution Avenue, NW., Washington, DC, or sent electronically via the Federal eRulemaking Portal at https:// www.regulations.gov (IRS REG–140108– 08). FOR FURTHER INFORMATION CONTACT: Concerning submission of comments, Oluwafunmilayo Taylor, (202) 622–7180 (not a toll-free number); concerning the proposed regulations, Casey Lothamer, (202) 622–6070 (not a toll-free number). SUPPLEMENTARY INFORMATION: SUMMARY: Background I. In General This document contains proposed amendments to 26 CFR part 301 under section 6104(c), which will replace Frm 00043 Fmt 4702 Sfmt 4702 E:\FR\FM\15MRP1.SGM 15MRP1

Agencies

[Federal Register Volume 76, Number 50 (Tuesday, March 15, 2011)]
[Proposed Rules]
[Pages 13931-13932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5813]


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

DEPARTMENT OF STATE

22 CFR Chapter I

28 CFR Chapter XI

[Public Notice: 7351]


Department of State Retrospective Review under E.O. 13563

AGENCY: Department of State.

ACTION: Request for information and comment.

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

SUMMARY: As part of its implementation of Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' issued by the President 
on January 18, 2011, the Department of State (DOS) is seeking comments 
and information from interested parties to assist DOS in reviewing its 
existing regulations to determine if any of them should be modified or 
repealed. The purpose of this review is to make DOS's regulatory 
program more effective and less burdensome in achieving its regulatory 
objectives.

DATES: Written comments and information are requested on or before 
March 31, 2011.

ADDRESSES: Interested persons are encouraged to submit comments, 
identified by ``Regulatory Review,'' by any of the following methods:
    Docket: For access to the docket to read background documents or 
comments received, go to the Federal e-Rulemaking Portal at https://www.regulations.gov and search on docket number DOS-2011-0047.
    Mail: U.S. Department of State, A/GIS/DIR, SA-22, Washington, DC 
20522-2201.
    E-Mail: RegulatoryReview@State.gov. Include ``Regulatory Review'' 
in the subject line of the message.

FOR FURTHER INFORMATION CONTACT: Thelma Furlong, 202-216-9600.

SUPPLEMENTARY INFORMATION: On January 18, 2011, the President issued 
Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 
to ensure that Federal regulations seek more affordable, less intrusive 
means to achieve policy goals, and that agencies give careful 
consideration to the benefits and costs of those regulations. The 
Executive Order can be found at: https://www.gpo.gov/fdsys/pkg/FR-2011-01-21/pdf/2011-1385.pdf.
    To implement the Executive Order, the Department is taking two 
immediate steps to launch its retrospective review of existing 
regulatory and reporting requirements. First, the Department issues 
this Request for Information (RFI) seeking public comment on how best 
to

[[Page 13932]]

review its existing regulations and to identify whether any of its 
existing regulations should be modified or repealed. Second, the 
Department has created a link on the DOS Internet site to an e-mail in-
box at RegulatoryReview@State.gov, which interested parties can use to 
identify to DOS--on a continuing basis--regulations that may be in need 
of review in the future. These steps will help the Department ensure 
that its regulations remain necessary, properly tailored, and have up-
to-date requirements that effectively achieve regulatory objectives 
without imposing unwarranted costs.

Request for Information

    Pursuant to the Executive Order, the Department is developing a 
preliminary plan for the periodic review of its existing regulations 
and reporting obligations. The Department's goal is to create a 
systematic method for identifying those significant rules that are 
obsolete or simply no longer make sense. While this review will focus 
on the elimination of rules that are no longer warranted, DOS will also 
consider strengthening, complementing, or modernizing rules where 
necessary or appropriate--including, as relevant, undertaking new 
rulemakings.
    Consistent with the Department's commitment to public participation 
in the rulemaking process, the Department is beginning this process by 
soliciting views from the public on how best to conduct its analysis of 
existing DOS rules and how best to identify those rules that might be 
modified or repealed. It is also seeking views from the public on 
specific rules or Department-imposed obligations that should be altered 
or eliminated. In short, engaging the public in an open, transparent 
process is a crucial first step in DOS's review of its existing 
regulations.

List of Questions for Commenters

    The following list of questions is intended solely to assist in the 
formulation of comments and is not intended to be exhaustive or 
restrict the issues that the public might want to address. The 
Department requests that anyone submitting comments specify the 
regulation or reporting requirement at issue, providing legal citation 
when known, and the reasons why the regulation or reporting requirement 
should be modified or repealed.
    (1) How can the Department best promote meaningful periodic reviews 
of its existing rules and how can it best identify those rules that 
might be modified or repealed?
    (2) What factors should the agency consider in selecting and 
prioritizing rules and reporting requirements for review?
    (3) Are there regulations that simply make no sense or have become 
unnecessary, ineffective, or ill advised and, if so, what are they?
    (4) Are there rules that are still necessary, but have not operated 
as well as expected such that a stronger or different approach is 
justified?
    (5) Does the Department currently collect information that it does 
not need or use effectively to achieve regulatory objectives?
    (6) Are there regulations, reporting requirements, or regulatory 
processes that are unnecessarily complicated or could be streamlined to 
achieve regulatory objectives in more efficient ways?
    (7) Can new technologies be leveraged to modify or do away with 
existing regulatory or reporting requirements?
    (8) How can the Department best obtain and consider accurate, 
objective information and data about the costs, burdens, and benefits 
of existing regulations? Are there existing sources of data the 
Department can use to evaluate the post-promulgation effects of 
regulations over time?
    (9) Are there regulations that are working well that can be 
expanded or used as a model to fill gaps in other DOS regulatory 
programs?
    (10) Are there other concerns that DOS should consider consistent 
with Executive Order 13563?
    The Department notes that this RFI is issued solely for information 
and program-planning purposes. While responses to this RFI do not bind 
DOS to any further actions related to the response, all submissions 
will be made publicly available on https://www.regulations.gov.

    Dated: March 3, 2011.
Patrick F. Kennedy,
Under Secretary, Office of the Undersecretary for Management, 
Department of State.
[FR Doc. 2011-5813 Filed 3-14-11; 8:45 am]
BILLING CODE 4710-24-P