International Traffic in Arms Regulations: Temporary Update to Republic of Cyprus (Cyprus) Country Policy, 60698-60700 [2020-20902]
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60698
Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Rules and Regulations
while attempting to timely submit a
filing. As Spiegel acknowledges,
electronic filing will ‘‘often suffice.’’ 14
In fact, based on the Commission’s
experience, eFiling system malfunctions
are infrequent and typically resolved on
the day of their occurrence. However, as
explained below, in the rare instance
where a Commission eFiling system
malfunction prevents a timely filing, the
filer may continue to use the
Commission’s established practice of
contacting the Commission’s Office of
the Secretary (OSEC) through
ferconlinesupport@ferc.gov to report the
eFiling system malfunction. We outline
this practice in detail below to provide
clarity.
8. Specifically, should an entity
attempt to make a filing during a
Commission eFiling system
malfunction, the filer shall email OSEC
at ferconlinesupport@ferc.gov to notify
staff of the malfunction. That email
shall: (1) Summarize the problem; (2)
attach, if feasible, the public version of
the filing solely to indicate proof of the
filer’s attempt to submit a filing; 15 and
(3) provide any other evidence of timely
attempts to file, such as screenshots of
error messages. OSEC staff will verify
the existence of the reported
malfunction and the filer’s attempt to
make a timely submission. OSEC will
also acknowledge and respond to the
filer’s email.
9. Importantly, however, a filer’s
email informing OSEC of an eFiling
malfunction does not itself constitute a
formal submission of the filing and will
not be processed as such. If the eFiling
system error is not corrected in a
manner that permits filing by 5:00 p.m.
on the date the filing was attempted, the
filer must also comply with the
following steps. In addition to notifying
OSEC by email, the filer must, at the
earliest possible time on the next
business day, either: (1) Formally
submit the filing electronically through
the eFiling system; or (2) submit the
filing by hard copy to the off-site
screening facility. Of the foregoing two
options, the filer shall choose the most
expedient option.
10. In sum, we note that, should an
entity attempt to make a filing during a
Commission eFiling system
malfunction, in order for a filing to be
deemed timely made, the filer must: (i)
Notify OSEC by email containing the
14 Id.
at 5.
information that the filer believes is
subject to privileged treatment under the
Commission’s regulations shall be redacted from
the version emailed to OSEC. If the file is too large
to send via email the filer should identify that issue
in its email to OSEC through ferconlinesupport@
ferc.gov.
15 Any
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evidence of a timely attempt to file as
outlined in paragraph 8 above; and (ii)
complete the filing as set forth in
paragraph 9 above. If the filer meets
each of the requirements set forth
herein, the filing will be considered
timely filed by the Commission.
11. Given that the process outlined
above addresses Spiegel’s principal
concern, we do not address Spiegel’s
proposed approaches to ensuring the
timely submission of filings in the event
of an eFiling system malfunction. For
the same reason, we do not address
Spiegel’s alternative request for
rehearing.
III. Document Availability
12. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and/or print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov). At this time, the
Commission has suspended access to
the Commission’s Public Reference
Room due to the President’s March 13,
2020 proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19).
13. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
14. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at 202–
502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659. Email
the Public Reference Room at
public.referenceroom@ferc.gov.
15. The Commission orders:
In response to Spiegel’s request for
clarification or, in the alternative,
request for rehearing, Order No. 862 is
hereby modified and the result
sustained, as discussed in the body of
this order.
By the Commission.
Issued: August 18, 2020.
Kimberly D. Bose,
Secretary.
[FR Doc. 2020–18658 Filed 9–25–20; 8:45 am]
BILLING CODE 6717–01–P
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11212]
RIN 1400–AF14
International Traffic in Arms
Regulations: Temporary Update to
Republic of Cyprus (Cyprus) Country
Policy
Department of State.
Temporary final rule.
AGENCY:
ACTION:
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to update
defense trade policy toward the
Republic of Cyprus (Cyprus) by
temporarily removing prohibitions on
exports, reexports, retransfers, and
temporary imports of non-lethal defense
articles and defense services destined
for or originating in Cyprus. On June 2,
2020 the Secretary of State, exercising
authority under section 1250A(d) of the
National Defense Authorization Act for
Fiscal Year 2020 and section 205(d) of
the Eastern Mediterranean Security and
Energy Act as delegated from the
President, determined that it was
essential to the national security interest
of the United States to waive the
limitations on non-lethal defense
articles and defense services destined
for or originating in Cyprus. The waiver
is effective for one fiscal year. This
amendment reflects that waiver.
DATES: This temporary rule is effective
on October 1, 2020, and expires on
September 30, 2021, unless
subsequently extended.
FOR FURTHER INFORMATION CONTACT:
Sarah Heidema, Office of Defense Trade
Controls Policy, Department of State,
telephone (202) 663–2809, or email
deccspmddtc@midatl.service-now.com.
ATTN: Regulatory Change, ITAR
Section 126.1 Cyprus Country Policy
Update.
SUMMARY:
Section
1250A(d) of the National Defense
Authorization Act for Fiscal Year 2020
(Pub. L. 116–92) and section 205(d) of
the Eastern Mediterranean Security and
Energy Act (Div. J., Pub. L. 116–94)
provide that the policy of denial for
exports, reexports, or transfers of
defense articles on the United States
Munitions List (USML) to Cyprus shall
remain in place unless the President
determines and certifies to the
appropriate congressional committees
not less than annually that: (A) Cyprus
is continuing to cooperate with the U.S.
Government in anti-money laundering
reforms; and (B) Cyprus has taken the
SUPPLEMENTARY INFORMATION:
E:\FR\FM\28SER1.SGM
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Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Rules and Regulations
steps necessary to deny Russian military
vessels access to ports for refueling and
servicing. These provisions further
provide that the President may waive
these limitations for one fiscal year if
the President determines that it is
essential to the national security
interests of the United States to do so.
On April 14, 2020, the President
delegated to the Secretary of State the
functions and authorities vested by
section 1250A(d) of the National
Defense authorization Act for Fiscal
Year 2020 (Pub. L. 116–92) and section
205(d) of the Eastern Mediterranean
Security and Energy Partnership Act of
2019 (Div. J., Pub. L. 116–94) (85 FR
35797). On June 2, 2020, utilizing these
delegated functions and authorities, the
Secretary of State determined that it is
essential to the national security interest
of the United States to temporarily
remove restrictions on the export,
reexport, retransfer, and temporary
import of non-lethal defense articles and
defense services destined for or
originating in Cyprus. This
determination requires the Department
to update ITAR section 126.1(r) to
specify the circumstances provided in
section 1250A(d) of the National
Defense Authorization Act for Fiscal
Year 2020 (Pub. L. 116–92) and section
205(d) of the Eastern Mediterranean
Security and Energy Act (Div. J., Pub. L.
116–94) in which the policy of denial
for exports, reexports, retransfers, and
temporary import of non-lethal defense
articles and defense services destined
for or originating in the Republic of
Cyprus will not apply.
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 military or foreign affairs function of
the United States Government and that
rules implementing this function are
exempt from sections 553 (rulemaking)
and 554 (adjudications) of the
Administrative Procedure Act. Since
this temporary rule is exempt from 5
U.S.C. 553, the provisions of section
553(d) do not apply to this rulemaking.
Therefore, this temporary rule is
effective upon publication.
Regulatory Flexibility Act
Since this temporary 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
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15:51 Sep 25, 2020
Jkt 250001
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
The Department does not believe this
rulemaking is a major rule within the
definition of 5 U.S.C. 804.
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,
the Department has 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 Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributed impacts, and equity).
These executive orders stress the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. Because the scope of this
temporary rule implements a
governmental policy increasing defense
trade with a country, and does not
impose additional regulatory
requirements or obligations on the
public, the Department believes costs
associated with this temporary rule will
be minimal. The Department also finds
that any costs of this rulemaking are
outweighed by the national security
benefits, as described in the preamble.
Executive Order 12988
The Department of State reviewed this
rulemaking in light of Executive Order
12988 to eliminate ambiguity, minimize
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Fmt 4700
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60699
litigation, establish clear legal
standards, and reduce burden.
Executive Order 13175
The Department of State determined
that this rulemaking will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
preempt tribal law. Accordingly, the
requirements of Executive Order 13175
do not apply to this rulemaking.
Executive Order 13771
This temporary rule is exempt from
the provisions of E.O. 13771, since it
relates to a military or foreign affairs
function of the United States.
Paperwork Reduction Act
This temporary 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.
Accordingly, for the reasons set forth
above, title 22, chapter I, subchapter M,
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: 22 U.S.C. 2752, 2778, 2780,
2791, and 2797; 22 U.S.C. 2651a; 22 U.S.C.
287c; 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
revising paragraph (r) to read as follows:
■
§ 126.1 Prohibited exports, imports, and
sales to or from certain countries.
*
*
*
*
*
(r) Cyprus. It is the policy of the
United States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in Cyprus,
except that a license or other approval
may be issued, on a case-by-case basis,
for the United Nations Forces in Cyprus
(UNFICYP) or for civilian end-users.
This policy of denial does not apply to
exports, reexports, retransfers, and
temporary imports of non-lethal defense
articles and defense services destined
for or originating in Cyprus if:
(1) The request is made by or on
behalf of the Government of the
Republic of Cyprus;
(2) The end-user of such defense
articles or defense services is the
Government of the Republic of Cyprus;
and
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60700
Federal Register / Vol. 85, No. 188 / Monday, September 28, 2020 / Rules and Regulations
(3) There are no credible human rights
concerns.
*
*
*
*
*
Zachary Parker,
Director.
[FR Doc. 2020–20902 Filed 9–25–20; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Parts 199 and 200
[DOD–2018–HA–0059]
RIN 0720–AB74
Civil Money Penalties and
Assessments Under the Military Health
Care Fraud and Abuse Prevention
Program
Office of the Secretary,
Department of Defense (DoD).
ACTION: Final rule.
AGENCY:
This final rule implements
civil money penalties authority
provided to all Federal health care
programs, including the TRICARE
program, under the Social Security Act.
This authority allows the Secretary of
Defense as the administrator of a
Federal health care program to impose
civil money penalties (CMPs or
penalties) as described in section 1128A
of the Social Security Act against
providers and suppliers who commit
fraud and abuse in the TRICARE
program. This final rule establishes a
program within the DoD to impose
CMPs for certain unlawful conduct in
the TRICARE program. To the extent
applicable, this final rule adopts the
Department of Health and Human
Service’s (HHS’s) well-established CMP
rules and procedures. The program to
impose CMPs within TRICARE is called
the Military Health Care Fraud and
Abuse Prevention Program. The Defense
Health Agency (DHA) shall be the
agency within the DoD responsible for
administering the Military Health Care
Fraud and Abuse Prevention Program.
DATES: This rule is effective on October
28, 2020.
FOR FURTHER INFORMATION CONTACT:
Michael J. Zleit, at 703–681–6012 or
michael.j.zleit.civ@mail.mil.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Executive Summary and Overview
A. Purpose of the Final Rule
The DHA, the agency of the DoD
responsible for administration of the
TRICARE Program, has as its primary
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15:51 Sep 25, 2020
Jkt 250001
mission the support and delivery of an
integrated, affordable, and high quality
health service to all DoD beneficiaries
and in doing so, is a responsible steward
of taxpayer dollars. In recent years,
fraud and abuse has inhibited DHA’s
mission. The Department of Justice
(DOJ) is responsible for the prosecution
of all fraud and abuse in all Federal
healthcare programs, including
Medicare, TRICARE, and the Federal
Employees Health Benefits Program, but
does not have unlimited resources. DOJ
must prioritize cases and is unable to
prosecute a large portion of those
entities who commit fraud and abuse in
the TRICARE Program. Congress has
provided Federal departments
responsible for a Federal health care
program with the authority under
section 1128A(m) of the Social Security
Act (42 U.S.C. 1320a–7a(m)) to initiate
administrative proceedings to impose
CMPs against those who commit fraud
and abuse in their respective Federal
health care program. The HHS
implemented this authority many years
ago and has a well-developed process
for imposition of CMPs penalties against
those who commit fraud and abuse in
the Medicare Program.
This final rule implements the same
authority used by HHS under section
1128A(m) of the Social Security Act (42
U.S.C. 1320a–7a(m)) to establish a
program to initiate administrative
proceedings to impose CMPs against
those who commit fraud and abuse in
the TRICARE Program.
The purpose of this final rule
implementing CMP authority under
section 1128A of the Social Security Act
is to ensure the integrity of TRICARE
and make the Government whole for
funds lost to fraud and abuse, which is
necessary to the delivery of an
integrated, affordable, and high quality
health service for all DoD beneficiaries.
B. Summary of Major Provisions
For the most part, this final rule
incorporates the provisions of the May
1, 2019, proposed rule (84 FR 18437). A
brief description of the provisions of
this final rule follow.
This final rule establishes CMP
regulations at 32 CFR part 200 to
implement authority provided to the
DoD under section 1128A of the Social
Security Act, as amended. The CMP
regulations follow HHS’s process and
procedure for imposing CMPs, as well
as HHS’s methodology for calculating
the amount of penalties and
assessments. Accordingly, the
numerical provisions of 32 CFR part 200
directly correspond to HHS’s numerical
provisions at 42 CFR part 1003.
Following this organizational construct,
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Frm 00010
Fmt 4700
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the rule addresses such matters as:
Liability for penalties and assessments,
determinations regarding the amount of
penalties and assessments, CMPs and
assessments for false and fraudulent
claims and other similar misconduct,
penalties and assessments for unlawful
kickbacks, procedures for the
imposition of CMPs and assessments,
judicial review, time limitations for
CMPs and assessments, statistical
sampling, and appeals.
C. Legal Authority for This Program
The specific legal authority
authorizing the DoD to establish a
program to impose CMPs in the
TRICARE Program is provided in
section 1128A(m) of the Social Security
Act [42 U.S.C. 1320a–7a(m)]. This
provision of law authorizes Federal
departments with jurisdiction over a
Federal health care program (as defined
in section 1128B(f)) of the Social
Security Act), to impose CMPs as
enumerated in section 1128A of the
Social Security Act. Some of the CMPs
enumerated in section 1128A of the
Social Security Act limit applicability to
conduct only involving Medicare and
Medicaid; therefore, this rule
implements all CMP authorities under
section 1128A that are not specifically
limited to Medicare, Medicaid, or other
HHS-exclusive authority.
II. Regulatory History
For over 25 years, the HHS Office of
Inspector General (OIG) has exercised
the authority to impose CMPs,
assessments, and exclusions in
furtherance of its mission to protect the
Federal health care programs and their
beneficiaries from fraud and abuse. As
those programs have changed over the
last two decades, HHS–OIG has received
new fraud-fighting CMP authorities in
response. Section 231 of the Health
Insurance Portability and
Accountability Act of 1996 (HIPAA)
expanded the reach of CMPs to include
Federal health programs other than
those funded by HHS. In 1977, Congress
first mandated the exclusion of
physicians and other practitioners
convicted of program-related crimes
from participation in Medicare and
Medicaid through the MedicareMedicaid Anti-Fraud and Abuse
Amendments, Public Law 95–142 (now
codified at section 1128 of the Social
Security Act (the SSA)). This was
followed in 1981 with Congress
enacting the Civil Money Penalties Law
(CMPL), Public Law 97–35, section
1128A of the SSA, 42 U.S.C. 1320a–7a,
to further address health care fraud and
abuse. The CMPL authorized the
Secretary of Health and Human Services
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Agencies
[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Rules and Regulations]
[Pages 60698-60700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20902]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11212]
RIN 1400-AF14
International Traffic in Arms Regulations: Temporary Update to
Republic of Cyprus (Cyprus) Country Policy
AGENCY: Department of State.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to update defense trade policy toward the
Republic of Cyprus (Cyprus) by temporarily removing prohibitions on
exports, reexports, retransfers, and temporary imports of non-lethal
defense articles and defense services destined for or originating in
Cyprus. On June 2, 2020 the Secretary of State, exercising authority
under section 1250A(d) of the National Defense Authorization Act for
Fiscal Year 2020 and section 205(d) of the Eastern Mediterranean
Security and Energy Act as delegated from the President, determined
that it was essential to the national security interest of the United
States to waive the limitations on non-lethal defense articles and
defense services destined for or originating in Cyprus. The waiver is
effective for one fiscal year. This amendment reflects that waiver.
DATES: This temporary rule is effective on October 1, 2020, and expires
on September 30, 2021, unless subsequently extended.
FOR FURTHER INFORMATION CONTACT: Sarah Heidema, Office of Defense Trade
Controls Policy, Department of State, telephone (202) 663-2809, or
email now.com">[email protected]now.com. ATTN: Regulatory Change, ITAR
Section 126.1 Cyprus Country Policy Update.
SUPPLEMENTARY INFORMATION: Section 1250A(d) of the National Defense
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92) and section
205(d) of the Eastern Mediterranean Security and Energy Act (Div. J.,
Pub. L. 116-94) provide that the policy of denial for exports,
reexports, or transfers of defense articles on the United States
Munitions List (USML) to Cyprus shall remain in place unless the
President determines and certifies to the appropriate congressional
committees not less than annually that: (A) Cyprus is continuing to
cooperate with the U.S. Government in anti-money laundering reforms;
and (B) Cyprus has taken the
[[Page 60699]]
steps necessary to deny Russian military vessels access to ports for
refueling and servicing. These provisions further provide that the
President may waive these limitations for one fiscal year if the
President determines that it is essential to the national security
interests of the United States to do so. On April 14, 2020, the
President delegated to the Secretary of State the functions and
authorities vested by section 1250A(d) of the National Defense
authorization Act for Fiscal Year 2020 (Pub. L. 116-92) and section
205(d) of the Eastern Mediterranean Security and Energy Partnership Act
of 2019 (Div. J., Pub. L. 116-94) (85 FR 35797). On June 2, 2020,
utilizing these delegated functions and authorities, the Secretary of
State determined that it is essential to the national security interest
of the United States to temporarily remove restrictions on the export,
reexport, retransfer, and temporary import of non-lethal defense
articles and defense services destined for or originating in Cyprus.
This determination requires the Department to update ITAR section
126.1(r) to specify the circumstances provided in section 1250A(d) of
the National Defense Authorization Act for Fiscal Year 2020 (Pub. L.
116-92) and section 205(d) of the Eastern Mediterranean Security and
Energy Act (Div. J., Pub. L. 116-94) in which the policy of denial for
exports, reexports, retransfers, and temporary import of non-lethal
defense articles and defense services destined for or originating in
the Republic of Cyprus will not apply.
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 military or
foreign affairs function of the United States Government and that rules
implementing this function are exempt from sections 553 (rulemaking)
and 554 (adjudications) of the Administrative Procedure Act. Since this
temporary rule is exempt from 5 U.S.C. 553, the provisions of section
553(d) do not apply to this rulemaking. Therefore, this temporary rule
is effective upon publication.
Regulatory Flexibility Act
Since this temporary 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
The Department does not believe this rulemaking is a major rule
within the definition of 5 U.S.C. 804.
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, the Department has 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 Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess costs
and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributed impacts, and equity). These executive orders
stress the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
Because the scope of this temporary rule implements a governmental
policy increasing defense trade with a country, and does not impose
additional regulatory requirements or obligations on the public, the
Department believes costs associated with this temporary rule will be
minimal. The Department also finds that any costs of this rulemaking
are outweighed by the national security benefits, as described in the
preamble.
Executive Order 12988
The Department of State reviewed this rulemaking in light of
Executive Order 12988 to eliminate ambiguity, minimize litigation,
establish clear legal standards, and reduce burden.
Executive Order 13175
The Department of State determined that this rulemaking will not
have tribal implications, will not impose substantial direct compliance
costs on Indian tribal governments, and will not preempt tribal law.
Accordingly, the requirements of Executive Order 13175 do not apply to
this rulemaking.
Executive Order 13771
This temporary rule is exempt from the provisions of E.O. 13771,
since it relates to a military or foreign affairs function of the
United States.
Paperwork Reduction Act
This temporary 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.
Accordingly, for the reasons set forth above, title 22, chapter I,
subchapter M, 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: 22 U.S.C. 2752, 2778, 2780, 2791, and 2797; 22 U.S.C.
2651a; 22 U.S.C. 287c; 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 revising paragraph (r) to read as
follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(r) Cyprus. It is the policy of the United States to deny licenses
or other approvals for exports or imports of defense articles and
defense services destined for or originating in Cyprus, except that a
license or other approval may be issued, on a case-by-case basis, for
the United Nations Forces in Cyprus (UNFICYP) or for civilian end-
users. This policy of denial does not apply to exports, reexports,
retransfers, and temporary imports of non-lethal defense articles and
defense services destined for or originating in Cyprus if:
(1) The request is made by or on behalf of the Government of the
Republic of Cyprus;
(2) The end-user of such defense articles or defense services is
the Government of the Republic of Cyprus; and
[[Page 60700]]
(3) There are no credible human rights concerns.
* * * * *
Zachary Parker,
Director.
[FR Doc. 2020-20902 Filed 9-25-20; 8:45 am]
BILLING CODE 4710-25-P