International Traffic in Arms Regulations: International Import Certificate, 41438-41440 [2011-17804]
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41438
Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Proposed Rules
The Agency published a final rule on
December 3, 1999, codified in
§ 203.50(a), that contained certain
requirements concerning prescription
drug distribution. Specifically, it
required that before the wholesale
distribution of any prescription drug to
another wholesale distributor or retail
pharmacy for which the seller is not an
authorized distributor of record, the
wholesale distributor must provide to
the purchaser a statement identifying
each prior sale, purchase or trade.
Further, it contained a list of specific
information to be contained in the
identifying statement. As explained
previously, this regulation is the subject
of a preliminary injunction. In the
December 1999 final rule, the Agency
estimated that the wholesale
distribution requirements, including the
drug identifying (or origin) statement
and a separate distributor list to be
provided by manufacturers, would
together impose $258,000 in annual
recordkeeping costs. In making this
estimate, the Agency judged that the
marginal costs for the inclusion of the
additional information that § 203.50(a)
would have required beyond that
information that would be required in
the PDMA pedigree provision would be
negligible, and did not increase its cost
estimate to reflect this additional effort.
The removal of § 203.50(a), therefore, is
expected to reduce compliance costs by
only that negligible amount that the
Agency did not separately estimate for
the final rule, as the pedigree provision
of the PDMA still requires its own,
slightly less expansive, pedigree
provision. This regulatory action that
removes a provision of the December
1999 final rule is expected to reduce the
previously estimated annual compliance
costs of $258,000 for this provision by
a negligible, but unquantified, amount.
wreier-aviles on DSKGBLS3C1PROD with PROPOSALS
V. Paperwork Reduction Act of 1995
FDA tentatively concludes that this
proposed rule contains no collection of
information. Therefore, clearance by the
Office of Management and Budget under
the Paperwork Reduction Act of 1995 is
not required.
VI. Environmental Impact
The Agency has determined under 21
CFR 25.30 this action is of a type that
does not individually or cumulatively
have a significant effect on the human
environment. Therefore, neither an
environmental assessment nor an
environmental impact statement is
required.
VII. Federalism
FDA has analyzed this proposed rule
in accordance with the principles set
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forth in Executive Order 13132. FDA
has determined that the proposed rule,
if finalized, would not contain policies
that would 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.
Accordingly, the Agency tentatively
concludes that the proposed rule does
not contain policies that have
federalism implications as defined in
the Executive order and, consequently,
a federalism summary impact statement
is not required.
VIII. Proposed Effective Date
The Agency is proposing that any
final rule that may issue based upon this
proposed rule become effective upon its
publication in the Federal Register.
IX. Comments
Interested persons may submit to the
Division of Dockets Management (see
ADDRESSES) either electronic or written
comments regarding this document. It is
only necessary to send one set of
comments. It is no longer necessary to
send two copies of mailed comments.
Identify comments with the docket
number found in brackets in the
heading of this document. Received
comments may be seen in the Division
of Dockets Management between 9 a.m.
and 4 p.m., Monday through Friday.
List of Subjects in 21 CFR Part 203
Labeling, Prescription drugs,
Reporting and recordkeeping
requirements, Warehouses.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, it is proposed that
21 CFR part 203 be amended as follows:
PART 203—PRESCRIPTION DRUG
MARKETING
1. The authority citation for 21 CFR
part 203 continues to read as follows:
Authority: 21 U.S.C. 331, 333, 351, 352,
353, 360, 371, 374, 381.
§ 203.50
[Amended]
2. Section 203.50 is amended by
removing and reserving paragraph (a).
Dated: July 1, 2011.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2011–17696 Filed 7–13–11; 8:45 am]
BILLING CODE 4160–01–P
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DEPARTMENT OF STATE
22 CFR Part 123
RIN 1400–AC85
[Public Notice 7524]
International Traffic in Arms
Regulations: International Import
Certificate
Department of State.
Proposed rule.
AGENCY:
ACTION:
The Department of State
proposes to amend the International
Traffic in Arms Regulations (ITAR) to
remove reference to the International
Import Certificate. This amendment will
effectively cease the Department’s
current practice of accepting DSP–53
submissions, as there is no statutory,
regulatory, or other authoritative basis
for the Department to do so.
DATES: The Department of State will
accept comments on this proposed rule
until August 29, 2011.
ADDRESSES:
Interested parties may submit
comments within 45 days of the date of
the publication by any of the following
methods:
• E-mail:
DDTCResponseTeam@state.gov with the
subject line, ‘‘International Import
Certificate, ITAR Section 123.4.’’
• Internet: View this notice by
searching for its RIN number on the U.S.
Government regulations Web site at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Samuel C. Harmon, Office of Defense
Trade Controls Policy, Department of
State, by telephone: (202) 663–2728; fax:
(202) 261–8199; or e-mail:
harmonsc@state.gov. ATTN:
International Import Certificate, ITAR
Section 123.4.
SUPPLEMENTARY INFORMATION: The Arms
Export Control Act authorizes the
President to control the import and
export of defense articles. Executive
Order 11958, as amended, delegated the
authority to regulate permanent exports
and temporary imports and exports of
defense articles to the Department of
State, and delegated the authority to
regulate permanent imports to the
Attorney General. The International
Import Certificate (IIC), Form BIS–645P/
ATF–4522/DPS–53, is identified as a
form issued by the Department of
Commerce’s Bureau of Industry &
Security; the Department of Justice’s
Bureau of Alcohol, Tobacco, Firearms
and Explosives; and the Department of
State’s Directorate of Defense Trade
Controls (DDTC). It is meant to
SUMMARY:
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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Proposed Rules
standardize procedures used to facilitate
international trade. However, while
DDTC typically receives approximately
600 IIC submissions a year, there is no
statutory, regulatory, or other
authoritative basis for the Department of
State to receive submission or pursue
enforcement of the IIC. The Department
of State’s DSP–61 Application/License
for Temporary Import of Unclassified
Defense Articles and DSP–85
Application/License for Permanent/
Temporary Export or Temporary Import
of Classified Defense Articles and
Related Classified Technical Data
account for its authority to control
temporary imports of defense articles.
The Department of State’s retention of
the IIC is duplicative and unnecessary.
Therefore, DDTC proposes to revise
§ 123.4 to reflect its decision to no
longer to accept submissions of the
International Import Certificate (DSP–
53). DDTC will also make conforming
changes to § 120.28 to remove reference
to the DSP–53. For temporary import
exemptions in which the foreign
exporter requires documentation, the
U.S. importer will be required to obtain
a DSP–61 or a DSP–85. The Bureau of
Industry & Security and the Bureau of
Alcohol, Tobacco, Firearms and
Explosives will continue to adjudicate
International Import Certificate
submissions for items under their
jurisdiction.
Regulatory Analysis and Notices
Administrative Procedure Act
wreier-aviles on DSKGBLS3C1PROD with PROPOSALS
The Department of State is of the
opinion that controlling the import and
export of defense articles and services is
a foreign affairs function of the United
States Government and that rules
implementing this function are exempt
from § 553 (Rulemaking) and § 554
(Adjudications) of the Administrative
Procedure Act. Although the
Department is of the opinion that this
proposed rule is exempt from the
rulemaking provisions of the APA, the
Department is publishing this proposed
rule with a 45-day provision for public
comment and without prejudice to its
determination that controlling the
import and export of defense services is
a foreign affairs function.
Regulatory Flexibility Act
Since this proposed amendment is not
subject to the notice-and-comment
procedures of 5 U.S.C. 553, 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
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14:54 Jul 13, 2011
Jkt 223001
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 proposed rule 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 this rule.
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 proposed
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 proposed
amendment.
Executive Order 12866
The Department of State does not
consider this proposed rule to be a
‘‘significant regulatory action’’ under
Executive Order 12866, section 3(f),
Regulatory Planning and Review. The
Department is of the opinion that
controlling the import and export of
defense articles and services is a foreign
affairs function of the United States
Government and that rules governing
the conduct of this function are exempt
from the requirements of Executive
Order 12866.
Executive Order 13563
The Department of State has
considered this proposed rule in light of
Section 1(b) of Executive Order 13563,
dated January 18, 2011, and affirms that
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41439
this regulation is consistent with the
guidance therein.
Executive Order 12988
The Department of State has reviewed
this proposed amendment 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 Parts 120 and
123
Arms and munitions, Exports.
Accordingly, for the reasons set forth
above, Title 22, chapter I, subchapter M,
parts 120 and 123 are proposed to be
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, Public Law
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; Public Law
105–261, 112 Stat. 1920.
2. Section 120.28 is amended by
redesignating paragraph (b)(3) as
paragraph (c) and by revising paragraph
(b)(1) to read as follows:
§ 120.28 Listing of forms referred to in this
subchapter.
*
*
*
*
*
(b) * * *
(1) International Import Certificate
(Form BIS–645P/ATF–4522).
*
*
*
*
*
PART 123—LICENSES FOR THE
EXPORT OF DEFENSE ARTICLES
3. The authority citation for part 123
continues to read as follows:
Authority: Secs. 2, 38, and 71, Public Law
90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2753; E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C.
2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112
Stat. 1920; Sec 1205(a), Public Law 107–228.
4. Section 123.4 is amended by
adding paragraph (c)(4) to read as
follows:
§ 123.4 Temporary import license
exemptions.
*
*
*
*
*
(c) * * *
(4) If the foreign exporter requires
documentation for a temporary import
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Federal Register / Vol. 76, No. 135 / Thursday, July 14, 2011 / Proposed Rules
that qualifies for an exemption under
this subchapter, the U.S. importer will
not be able to claim the exemption and
is required to obtain a DSP–61
Application/License for Temporary
Import of Unclassified Defense Articles
or, for classified defense articles, a DSP–
85 Application for Permanent/
Temporary Export or Temporary Import
of Classified Defense Articles and
Related Classified Technical Data.
*
*
*
*
*
Dated: July 6, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and
International Security, Department of State.
[FR Doc. 2011–17804 Filed 7–13–11; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF STATE
22 CFR Part 123
RIN 1400–AC91
[Public Notice 7523]
International Traffic in Arms
Regulations: Filing, Retention, and
Return of Export Licenses and Filing of
Export Information
Department of State.
Proposed rule.
AGENCY:
ACTION:
The Department of State
proposes to amend the International
Traffic in Arms Regulations (ITAR) to
reflect changes in the requirements for
the return of licenses. Applicants will
no longer be required to return certain
expired or exhausted DSP–5s. This
change will reduce administrative
burden on applicants.
DATES: Effective Date: The Department
of State will accept comments on this
proposed rule until August 29, 2011.
ADDRESSES: Interested parties may
submit comments within 45 days of the
date of the publication by any of the
following methods:
• E-mail:
DDTCResponseTeam@state.gov with the
subject line, ‘‘ITAR Amendment—
License Return.’’
• Internet: View this notice by
searching for its RIN on the U.S.
Government regulations Web site at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Nicholas Memos, Office of Defense
Trade Controls Policy, Bureau of
Political-Military Affairs, Department of
State, (202) 663–2804 or FAX (202) 261–
8199; E-mail memosni@state.gov, Attn:
ITAR Amendment—License Return.
SUPPLEMENTARY INFORMATION: The
Department of State proposes to amend
wreier-aviles on DSKGBLS3C1PROD with PROPOSALS
SUMMARY:
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14:54 Jul 13, 2011
Jkt 223001
§ 123.22(c) to institute changes in the
requirements for the return of licenses.
With this proposed change, applicants
with DSP–5 licenses that have been
issued electronically by the Directorate
of Defense Trade Controls (DDTC) and
decremented electronically by the U.S.
Customs and Border Protection through
the Automated Export System (AES)
will no longer need to return them to
DDTC. The return of these licenses is
redundant and unnecessary as all of the
export information has been captured
and saved electronically.
All other DSP–5 licenses that do not
meet the criteria described above must
be returned by the applicant to DDTC.
All DSP–61, DSP–73, and DSP–85
licenses, and DSP–94 authorizations, are
to be returned by the applicant to DDTC
as these licenses and authorizations are
not decremented electronically, even if
an Electronic Export Information is filed
via AES.
Proposed § 123.22(c)(4) provides that
licenses issued but not used by the
applicant do not need to be returned to
DDTC
Proposed § 123.22(c)(5) provides that
licenses which have been revoked by
DDTC are considered expired.
Section 123.21(b) is to be amended to
conform to the proposed changes to
§ 123.22(c).
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the
opinion that controlling the import and
export of defense articles and services is
a foreign affairs function of the United
States Government and that rules
implementing this function are exempt
from § 553 (Rulemaking) and § 554
(Adjudications) of the Administrative
Procedure Act. Although the
Department is of the opinion that this
rule is exempt from the rulemaking
provisions of the APA, the Department
is publishing this rule with a 45-day
provision for public comment and
without prejudice to its determination
that controlling the import and export of
defense services is a foreign affairs
function.
Regulatory Flexibility Act
Since this amendment is not subject
to the notice-and-comment procedures
of 5 U.S.C. 553, 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
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
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 rule 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 Executive Order 13175
do not apply to this rule.
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
The Department of State does not
consider this rule to be a ‘‘significant
regulatory action’’ under Executive
Order 12866, section 3(f), Regulatory
Planning and Review. The Department
is of the opinion that controlling the
import and export of defense articles
and services is a foreign affairs function
of the United States Government and
that rules governing the conduct of this
function are exempt from the
requirements of Executive Order 12866.
Executive Order 13563
The Department of State has
considered this rule in light of
Executive Order 13563, dated January
18, 2011, and affirms that this regulation
is consistent with the guidance therein.
Executive Order 12988
The Department of State has reviewed
the amendment in light of sections 3(a)
E:\FR\FM\14JYP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Proposed Rules]
[Pages 41438-41440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17804]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 123
RIN 1400-AC85
[Public Notice 7524]
International Traffic in Arms Regulations: International Import
Certificate
AGENCY: Department of State.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State proposes to amend the International
Traffic in Arms Regulations (ITAR) to remove reference to the
International Import Certificate. This amendment will effectively cease
the Department's current practice of accepting DSP-53 submissions, as
there is no statutory, regulatory, or other authoritative basis for the
Department to do so.
DATES: The Department of State will accept comments on this proposed
rule until August 29, 2011.
ADDRESSES:
Interested parties may submit comments within 45 days of the date
of the publication by any of the following methods:
E-mail: DDTCResponseTeam@state.gov with the subject line,
``International Import Certificate, ITAR Section 123.4.''
Internet: View this notice by searching for its RIN number
on the U.S. Government regulations Web site at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Samuel C. Harmon, Office of Defense
Trade Controls Policy, Department of State, by telephone: (202) 663-
2728; fax: (202) 261-8199; or e-mail: harmonsc@state.gov. ATTN:
International Import Certificate, ITAR Section 123.4.
SUPPLEMENTARY INFORMATION: The Arms Export Control Act authorizes the
President to control the import and export of defense articles.
Executive Order 11958, as amended, delegated the authority to regulate
permanent exports and temporary imports and exports of defense articles
to the Department of State, and delegated the authority to regulate
permanent imports to the Attorney General. The International Import
Certificate (IIC), Form BIS-645P/ATF-4522/DPS-53, is identified as a
form issued by the Department of Commerce's Bureau of Industry &
Security; the Department of Justice's Bureau of Alcohol, Tobacco,
Firearms and Explosives; and the Department of State's Directorate of
Defense Trade Controls (DDTC). It is meant to
[[Page 41439]]
standardize procedures used to facilitate international trade. However,
while DDTC typically receives approximately 600 IIC submissions a year,
there is no statutory, regulatory, or other authoritative basis for the
Department of State to receive submission or pursue enforcement of the
IIC. The Department of State's DSP-61 Application/License for Temporary
Import of Unclassified Defense Articles and DSP-85 Application/License
for Permanent/Temporary Export or Temporary Import of Classified
Defense Articles and Related Classified Technical Data account for its
authority to control temporary imports of defense articles. The
Department of State's retention of the IIC is duplicative and
unnecessary. Therefore, DDTC proposes to revise Sec. 123.4 to reflect
its decision to no longer to accept submissions of the International
Import Certificate (DSP-53). DDTC will also make conforming changes to
Sec. 120.28 to remove reference to the DSP-53. For temporary import
exemptions in which the foreign exporter requires documentation, the
U.S. importer will be required to obtain a DSP-61 or a DSP-85. The
Bureau of Industry & Security and the Bureau of Alcohol, Tobacco,
Firearms and Explosives will continue to adjudicate International
Import Certificate submissions for items under their jurisdiction.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the opinion that controlling the
import and export of defense articles and services is a foreign affairs
function of the United States Government and that rules implementing
this function are exempt from Sec. 553 (Rulemaking) and Sec. 554
(Adjudications) of the Administrative Procedure Act. Although the
Department is of the opinion that this proposed rule is exempt from the
rulemaking provisions of the APA, the Department is publishing this
proposed rule with a 45-day provision for public comment and without
prejudice to its determination that controlling the import and export
of defense services is a foreign affairs function.
Regulatory Flexibility Act
Since this proposed amendment is not subject to the notice-and-
comment procedures of 5 U.S.C. 553, 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.
Executive Order 13175
The Department has determined that this proposed rule 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 this rule.
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 proposed 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 proposed amendment.
Executive Order 12866
The Department of State does not consider this proposed rule to be
a ``significant regulatory action'' under Executive Order 12866,
section 3(f), Regulatory Planning and Review. The Department is of the
opinion that controlling the import and export of defense articles and
services is a foreign affairs function of the United States Government
and that rules governing the conduct of this function are exempt from
the requirements of Executive Order 12866.
Executive Order 13563
The Department of State has considered this proposed rule in light
of Section 1(b) of Executive Order 13563, dated January 18, 2011, and
affirms that this regulation is consistent with the guidance therein.
Executive Order 12988
The Department of State has reviewed this proposed amendment 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 Parts 120 and 123
Arms and munitions, Exports.
Accordingly, for the reasons set forth above, Title 22, chapter I,
subchapter M, parts 120 and 123 are proposed to be 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, Public Law 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; Public Law 105-261, 112 Stat. 1920.
2. Section 120.28 is amended by redesignating paragraph (b)(3) as
paragraph (c) and by revising paragraph (b)(1) to read as follows:
Sec. 120.28 Listing of forms referred to in this subchapter.
* * * * *
(b) * * *
(1) International Import Certificate (Form BIS-645P/ATF-4522).
* * * * *
PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES
3. The authority citation for part 123 continues to read as
follows:
Authority: Secs. 2, 38, and 71, Public Law 90-629, 90 Stat. 744
(22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR
4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub.
L. 105-261, 112 Stat. 1920; Sec 1205(a), Public Law 107-228.
4. Section 123.4 is amended by adding paragraph (c)(4) to read as
follows:
Sec. 123.4 Temporary import license exemptions.
* * * * *
(c) * * *
(4) If the foreign exporter requires documentation for a temporary
import
[[Page 41440]]
that qualifies for an exemption under this subchapter, the U.S.
importer will not be able to claim the exemption and is required to
obtain a DSP-61 Application/License for Temporary Import of
Unclassified Defense Articles or, for classified defense articles, a
DSP-85 Application for Permanent/Temporary Export or Temporary Import
of Classified Defense Articles and Related Classified Technical Data.
* * * * *
Dated: July 6, 2011.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of
State.
[FR Doc. 2011-17804 Filed 7-13-11; 8:45 am]
BILLING CODE 4710-25-P
