Amendment to the International Traffic in Arms Regulations: Policy on Exports to the Republic of Fiji, 30614-30615 [2015-13017]

Download as PDF 30614 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 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 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 establishes controlled airspace at Clark County Airport, Clark, SD. Issued in Fort Worth, TX, on May 14, 2015. Robert W. Beck, Manager, Operations Support Group, ATO Central Service Center. [FR Doc. 2015–12979 Filed 5–28–15; 8:45 am] [FR Doc. 2015–12186 Filed 5–28–15; 8:45 am] BILLING CODE 4910–13–P BILLING CODE 3510–NK–P DEPARTMENT OF COMMERCE DEPARTMENT OF STATE National Oceanic and Atmospheric Administration 22 CFR Part 126 Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA Order 1050.1E, ‘‘Environmental Impacts: Policies and Procedures’’ paragraph 311a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances exist that warrant preparation of an environmental assessment. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Amendment to the International Traffic in Arms Regulations: Policy on Exports to the Republic of Fiji RIN 0648–BC26 Gulf of the Farallones and Monterey Bay National Marine Sanctuaries Regulations on Introduced Species; Notification of Effective Date Office of National Marine Sanctuaries (ONMS), National Oceanic and Atmospheric Administration (NOAA), Department of Commerce (DOC). AGENCY: ACTION: Notification of effective date. Authority: 49 U.S.C. 106(f), 106(g);, 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. § 71.1 DATES: In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ 2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.9Y, Airspace Designations and Reporting Points, dated August 6, 2014, and effective September 15, 2014, is amended as follows: ■ FOR FURTHER INFORMATION CONTACT: Dave Lott, Regional Operations Coordinator, West Coast Region, Office of National Marine Sanctuaries, 99 Pacific Street, STE 100F, Monterey, CA 93940. (831) 647–1920. Paragraph 6005 Class E Airspace areas extending upward from 700 feet or more above the surface of the earth. Lhorne on DSK2VPTVN1PROD with RULES * * * AGL SD E5 * * Clark, SD [New] 14:17 May 28, 2015 Jkt 235001 On February 19, 2015, NOAA finalized regulations that prohibit the introduction of introduced species into the state waters of Gulf of the Farallones and Monterey Bay national marine sanctuaries (80 FR 8778). Those regulations became effective on May 15, 2015. SUPPLEMENTARY INFORMATION: Clark County Airport, SD (Lat. 44°53′42″ N., long. 097°42′38″ W.) That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Clark County Airport. VerDate Sep<11>2014 SUMMARY: The regulations published on February 19, 2015 (80 FR 8778) are effective as of May 15, 2015. [Amended] PO 00000 Frm 00010 Fmt 4700 [Public Notice: 9153] RIN 1400–AD77 15 CFR Part 922 NOAA published a final rule to prohibit the introduction of introduced species into the state waters of Gulf of the Farallones and Monterey Bay national marine sanctuaries, and to revise the corresponding sanctuary terms of designation on February 19, 2015 (80 FR 8778). Pursuant to Section 304(b) of the National Marine Sanctuaries Act (16 U.S.C. 1434(b)) the final regulations take effect after 45 days of continuous session of Congress beginning on February 19, 2015. Through this notification, NOAA is announcing the regulations became effective on May 15, 2015. Adoption of the Amendment Dated: May 14, 2015. Christopher C. Cartwright, Associate Assistant Administrator for Management and CFO/CAO, Ocean Services and Coastal Zone Management. Sfmt 4700 Department of State. Final rule. AGENCY: ACTION: The Department of State is revising the International Traffic in Arms Regulations (ITAR) to rescind the previous policy of denying the export of defense articles and defense services to Fiji. DATES: This rule is effective on May 29, 2015. FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663–2792; email DDTCPublicComments@state.gov. ATTN: Regulatory Change, Exports to Fiji. SUMMARY: The Department of State is amending the International Traffic in Arms Regulations (ITAR) to update the defense trade policy regarding Fiji. On September 17, 2014, Fiji’s acting government followed through on its longstanding commitment to hold democratic elections. A Multinational Observer Group of over 90 international observers, representing 14 countries including the United States, characterized the election as credible and having represented the will of the people of Fiji. The Department has determined that is in the best interests of U.S. foreign policy, national security, and human rights concerns to rescind the previous policy of denying the export of defense articles and defense services to Fiji. SUPPLEMENTARY INFORMATION: 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 E:\FR\FM\29MYR1.SGM 29MYR1 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations implementing this function are exempt from sections 553 (rulemaking) and 554 (adjudications) of the Administrative Procedure Act (APA), pursuant to 5 U.S.C. 553(a)(1). Since the Department is of the opinion that this rule is exempt from 5 U.S.C 553, it is the view of the Department that the provisions of Section 553(d) do not apply to this rulemaking. Therefore, this rule is effective upon publication. The Department also finds that, given the national security issues surrounding U.S. policy toward Fiji, notice and public procedure on this rule would be impracticable, unnecessary, or contrary to the public interest; for this reason, the rule is effective upon publication. Regulatory Flexibility Act Since the Department is of the opinion that this rule is exempt from the provisions of 5 U.S.C. 553, there is no requirement for an analysis under the Regulatory Flexibility Act. 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. However, the Department has reviewed the rule to ensure its consistency with the regulatory philosophy and principles set forth in the Executive Order. Lhorne on DSK2VPTVN1PROD with RULES Jkt 235001 [FR Doc. 2015–13017 Filed 5–28–15; 8:45 am] BILLING CODE 4710–25–P Bureau of Alcohol, Tobacco, Firearms, and Explosives Executive Order 12988 The Department of State has reviewed this rulemaking 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. This rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35. 14:17 May 28, 2015 Rose E. Gottemoeller, Under Secretary, Arms Control and International Security, Department of State. 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. Small Business Regulatory Enforcement Fairness Act of 1996 This rulemaking has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. VerDate Sep<11>2014 * DEPARTMENT OF JUSTICE Executive Order 13175 Executive Order 12866 The Department is of the opinion that controlling the import and export of (p) [Reserved] * * * Executive Order 13563 Unfunded Mandates Reform Act of 1995 This rulemaking 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 Orders 12372 and 13132 This rulemaking 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 rulemaking 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 rulemaking. * 30615 The Department of State 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 provisions of Executive Order 13175 do not apply to this rulemaking. Paperwork Reduction Act List of Subjects in 22 CFR Part 126 Arms and munitions, Exports. For the reasons set forth above, 22 CFR part 126 is amended as follows: PART 126—GENERAL POLICIES AND PROVISIONS 1. 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); 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; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 266; Sections 7045 and 7046, Pub. L. 112–74; E.O. 13637, 78 FR 16129. 2. Section 126.1 is amended by removing and reserving paragraph (p) to read as follows: ■ § 126.1 Prohibited exports, imports, and sales to or from certain countries. * PO 00000 * * Frm 00011 * Fmt 4700 * Sfmt 4700 27 CFR Part 447 [Docket No. ATF–25F; AG Order No. 3531– 2015] RIN 1140–AA45 Importation of Arms, Ammunition and Defense Articles—Removal of Certain Defense Articles Currently on the U.S. Munitions Import List That No Longer Warrant Import Control Under the Arms Export Control Act (2011R–25P) Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Department of Justice. ACTION: Final rule. AGENCY: The Department of Justice is finalizing without change an amendment to the Bureau of Alcohol, Tobacco, Firearms, and Explosives regulations to remove those defense articles currently on the United States Munitions Import List that ATF by delegation has determined no longer warrant import control under the Arms Export Control Act. DATES: This rule is effective June 29, 2015. FOR FURTHER INFORMATION CONTACT: George M. Fodor, Office of Regulatory Affairs, Enforcement Programs and Services, Bureau of Alcohol, Tobacco, Firearms, and Explosives, U.S. Department of Justice, 99 New York Avenue NE., Washington, DC 20226; telephone: (202) 648–7070. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background Section 38 of the Arms Export Control Act of 1976 (AECA), 22 U.S.C. 2778, as amended, authorizes the President, in furtherance of world peace and the security and foreign policy of the United States, to control the import and the export of defense articles and defense services. 22 U.S.C. 2778(a)(1). The AECA also authorizes the President to designate those items that shall be considered defense articles and defense services for the purposes of section 38, and to promulgate regulations for the E:\FR\FM\29MYR1.SGM 29MYR1

Agencies

[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Rules and Regulations]
[Pages 30614-30615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13017]


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DEPARTMENT OF STATE

22 CFR Part 126

[Public Notice: 9153]
RIN 1400-AD77


Amendment to the International Traffic in Arms Regulations: 
Policy on Exports to the Republic of Fiji

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is revising the International Traffic 
in Arms Regulations (ITAR) to rescind the previous policy of denying 
the export of defense articles and defense services to Fiji.

DATES: This rule is effective on May 29, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, Department of State, telephone 
(202) 663-2792; email DDTCPublicComments@state.gov. ATTN: Regulatory 
Change, Exports to Fiji.

SUPPLEMENTARY INFORMATION: The Department of State is amending the 
International Traffic in Arms Regulations (ITAR) to update the defense 
trade policy regarding Fiji. On September 17, 2014, Fiji's acting 
government followed through on its longstanding commitment to hold 
democratic elections. A Multinational Observer Group of over 90 
international observers, representing 14 countries including the United 
States, characterized the election as credible and having represented 
the will of the people of Fiji. The Department has determined that is 
in the best interests of U.S. foreign policy, national security, and 
human rights concerns to rescind the previous policy of denying the 
export of defense articles and defense services to Fiji.

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

[[Page 30615]]

implementing this function are exempt from sections 553 (rulemaking) 
and 554 (adjudications) of the Administrative Procedure Act (APA), 
pursuant to 5 U.S.C. 553(a)(1). Since the Department is of the opinion 
that this rule is exempt from 5 U.S.C 553, it is the view of the 
Department that the provisions of Section 553(d) do not apply to this 
rulemaking. Therefore, this rule is effective upon publication. The 
Department also finds that, given the national security issues 
surrounding U.S. policy toward Fiji, notice and public procedure on 
this rule would be impracticable, unnecessary, or contrary to the 
public interest; for this reason, the rule is effective upon 
publication.

Regulatory Flexibility Act

    Since the Department is of the opinion that this rule is exempt 
from the provisions of 5 U.S.C. 553, there is no requirement for an 
analysis under the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking 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 rulemaking 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 rulemaking 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 rulemaking 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 rulemaking.

Executive Order 12866

    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. However, the Department has reviewed the rule to ensure its 
consistency with the regulatory philosophy and principles set forth in 
the Executive Order.

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 this rulemaking 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.

Executive Order 13175

    The Department of State 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 provisions of Executive Order 13175 do not 
apply to this rulemaking.

Paperwork Reduction Act

    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 126

    Arms and munitions, Exports.

    For the reasons set forth above, 22 CFR part 126 is amended as 
follows:

PART 126--GENERAL POLICIES AND PROVISIONS

0
1. 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); 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; Sec. 7089, Pub. L. 111-117; Pub. L. 111-
266; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78 FR 
16129.


0
2. Section 126.1 is amended by removing and reserving paragraph (p) to 
read as follows:


Sec.  126.1  Prohibited exports, imports, and sales to or from certain 
countries.

* * * * *
    (p) [Reserved]
* * * * *

Rose E. Gottemoeller,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2015-13017 Filed 5-28-15; 8:45 am]
 BILLING CODE 4710-25-P