Unknown. Final rule

5,255 words·~24 min read·/register/2012/05/02/2012-10599

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-05-02.xml --- 77 85 Wednesday, May 2, 2012 Contents Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of Secure Gun Storage or Safety Devices, 26045 2012-10481 Antitrust Division Antitrust Division NOTICES National Cooperative Research and Production Act: Accellera Systems Initiative, 26045 2012-10515 Antitrust See Antitrust Division Army Army Department See Engineers Corps NOTICES Privacy Act;

Systems of Records, 25991-25993 2012-10554 Centers Disease Centers for Disease Control and Prevention NOTICES Prospective Grant of Exclusive Licenses: P4 Peptide from Streptococcus pneumoniae, 26014 2012-10547 Requirements and Registration for Video Contest: Seeing My World through a Safer Lens; What Does Injury and Violence Look Like in My Community, 26015-26016 2012-10548 Coast Guard Coast Guard RULES Drawbridge Operations: Manchester Harbor, Manchester, MA, 25890 2012-10600 Niantic River, Niantic, CT, 25889-25890 2012-10601 Safety Zones: 2012 Memorial Day Tribute Fireworks, Lake Charlevoix, Boyne City, MI, 25890-25892 2012-10624 Security Zones:

North Atlantic Treaty Organization Summit, Chicago, IL, 25892-25893 2012-10549 NOTICES Meetings: National Maritime Security Advisory Committee, 26024 2012-10668 Commerce Commerce Department See Economic Analysis Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department See Engineers Corps See Navy Department Economic Analysis Bureau Economic Analysis Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Quarterly Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons, 25959 2012-10564 Education Department Education Department RULES Federal Pell Grant Program, 25893-25901 2012-10559 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Baccalaureate and Beyond Longitudinal Study 2008/12 Full Scale, 25995 2012-10623 Pell Grant Expansions Under the Pell Grant Expansions Study 2012, 25994-25995 2012-10621 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps PROPOSED RULES Danger Zones:

Oregon Army National Guard, Camp Rilea, Clatsop County, OR, 25952-25953 2012-10608 Environmental Protection Environmental Protection Agency RULES Approval and Promulgation of Air Quality Implementation Plans: Maryland; Removal of the 1980 Consent Order for the Maryland Slag Company, 25901-25903 2012-10339 Pesticide Tolerances: Acequinocy, 25904-25910 2012-10346 Thiamethoxam; Technical Correction, 25903-25904 2012-10343 Revisions to the Unregulated Contaminant Monitoring Regulation for Public Water Systems, 26072-26101 2012-9978 PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans:

Maryland; Removal of the 1980 Consent Order for the Maryland Slag Company, 25953-25954 2012-10340 Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 25954-25958 2012-10321 NOTICES Applications for Emergency Exemptions: Diflubenzuron, 26002-26004 2012-10342 Experimental Use Permits, 26004 2012-10318 Product Cancellation Order for Certain Pesticide Registrations, 26004-26007 2012-10436 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Airplanes, 25930-25932 2012-10573 NOTICES Meetings: National Parks Overflights Advisory Group Aviation Rulemaking Committee, 26068 2012-10521 Federal Communications Federal Communications Commission NOTICES Meetings; Sunshine Act, 26007-26008 2012-10640 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Carbon Zero, LLC, 25998-25999 2012-10532 Loup River Public Power District, 25997-25998 2012-10534 Western Technical College, 25995-25997 2012-10531 Environmental Assessments;

Availability, etc.: Wickiup Hydro Group, LLC, 25999 2012-10535 Initial Market-Based Rate Filings Including Requests For Blanket Section 204 Authorization: Cactus Energy LLC, 26000 2012-10555 PGPV, LLC, 25999-26000 2012-10556 Petitions for Declaratory Orders: Southwest Power Pool, Western Area Power Administration, et al., 26001 2012-10537 Sunoco Pipeline LP, 26000-26001 2012-10533 Preliminary Permit Applications: Qualified Hydro 15, LLC, 26001-26002 2012-10530 Requests Under Blanket Authorizations:

Trunkline Gas Co., LLC, 26002 2012-10536 Federal Maritime Federal Maritime Commission NOTICES Ocean Transportation Intermediary Licences; Reissuances, 26008 2012-10607 Ocean Transportation Intermediary Licenses; Applicants, 26008 2012-10604 Ocean Transportation Intermediary Licenses; Revocations, 26009 2012-10605 Federal Reserve Federal Reserve System NOTICES Change in Bank Control Notices; Acquisitions of Shares of a Savings and Loan Holding Company, 26009 2012-10476 Federal Trade Federal Trade Commission NOTICES Proposed Consent Agreements:

CoStar Group, Inc., Lonestar Acquisition Sub, Inc., and LoopNet, Inc., 26009-26012 2012-10550 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Control and Management of Resident Canada Geese, 26032-26034 2012-10579 Policy for Evaluation of Conservation Efforts When Making Listing Decisions, 26034-26035 2012-10576 Draft Comprehensive Conservation Plan and Environmental Assessment: St. Vincent National Wildlife Refuge, FL, 26035-26037 2012-10571 Food and Drug Food and Drug Administration NOTICES Determination of Patent Extension Regulatory Review Period:

Alair Bronchial Thermoplasty System, 26016-26017 2012-10516 Kalbitor, 26017-26018 2012-10518 Determination of Patent Extension Regulatory Review Period: Victoza, 26018-26019 2012-10517 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Meetings:

Presidential Commission for the Study of Bioethical Issues, 26012-26013 2012-10513 Requests for Information: Specification of a Secure, Online Reporting System for Streamlining Programmatic, etc., and Care Services Grantees, 26013-26014 2012-10591 Health Resources Health Resources and Services Administration NOTICES Healthy Tomorrows Partnership for Children Program, 26019-26020 2012-10507 Ryan White HIV/AIDS Program Solicitation of Comments, 26020 2012-10508 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection NOTICES Meetings: President's National Security Telecommunications Advisory Committee; Correction, 26023-26024 2012-10510 Housing Housing and Urban Development Department NOTICES Environmental Impact Statements; Availability, etc.: HOPE SF Development, Potrero Terrace and Potrero Annex Public Housing Development, San Francisco, CA, 26025-26027 2012-10580 Privacy Act; Systems of Records, 26027-26032 2012-10578 2012-10581 Industry Industry and Security Bureau PROPOSED RULES Revisions to the Export Administration Regulations:

Control of Energetic Materials and Related Articles the President Determines No Longer Warrant Control under the United States Munitions List, 25932-25944 2012-10456 NOTICES Meetings: Materials Processing Equipment Technical Advisory Committee, 25960 2012-10500 Materials Technical Advisory Committee, 25960 2012-10502 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Office of Natural Resources Revenue See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Applications for Duty-Free Entry of Scientific Instruments, 25960-25961 2012-10593 Meetings:

Civil Nuclear Trade Advisory Committee, 25961 2012-10625 Subsidy Programs Provided by Countries Exporting Softwood Lumber, etc., to the United States, 25961-25962 2012-10594 International Trade Com International Trade Commission NOTICES Investigations: Certain Cameras and Mobile Devices, Related Software and Firmware, and Components Thereof, etc., 26041 2012-10557 Certain Computers and Computer Peripheral Devices and Components Thereof, etc., 26041-26043 2012-10558 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: CRS Customer Satisfaction Survey, 26043 2012-10480 September 11th Victim Compensation Fund Objection Form, 26043-26044 2012-10482 Lodging of Proposed Consent Decrees, 26044 2012-10588 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affordable Care Act Internal Claims and Appeals and External Review Procedures for Non-Grandfathered Plans, 26046 2012-10582 Land Land Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26037-26038 2012-10583 Alaska Native Claims Selections, 26038-26039 2012-10551 2012-10552 Environmental Impact Statements; Availability, etc.: Phoenix Copper Leach Project, Lander County, NV, 26039-26040 2012-10565 Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ground Control for Surface Coal Mines and Surface Work Areas of Underground Coal Mines, 26046-26047 2012-10523 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26047-26048 2012-10609 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26068-26069 2012-10566 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 2012-10575 26021-26022 2012-10577 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 26020 2012-10584 National Institute of Allergy and Infectious Diseases, 26021 2012-10585 National Labor National Labor Relations Board RULES Employee Rights under the National Labor Relations Act, 25868 2012-10520 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States:

Multispecies Fishery; 2012 Sector Operations Plans and Contracts, and Allocation of Annual Catch Entitlements, 26129-26148 2012-10527 Northeast Multispecies Fishery; Framework Adjustment 47, 26104-26128 2012-10526 Fisheries Off West Coast States: West Coast Salmon Fisheries; 2012 Management Measures, 25915-25929 2012-10597 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Coastal and Estuarine Land Conservation Planning, Protection or Restoration, 25962-25963 2012-10514 Permit Amendment Applications:

Marine Mammals; File No. 14325, 25963-25964 2012-10629 Reports; Availability, etc.: California Eelgrass Mitigation Policy, 25964-25966 2012-10626 Takes of Marine Mammals Incidental to Specified Activities: Three Marine Geophysical Surveys in the Northeast Pacific Ocean, June through July, 2012, 25966-25991 2012-10627 National Science National Science Foundation NOTICES Final Certification Criteria for Non-Federal Regional Information Coordination Entities; Availability, 26048 2012-10560 Permit Applications Received Under the Antarctic Conservation Act, 26048-26049 2012-10490 National Transportation National Transportation Safety Board NOTICES Meetings:

Reaching Zero; Actions to Eliminate Substance-Impaired Driving, 26049-26050 2012-10603 Navy Navy Department NOTICES Privacy Act; Systems of Records, 25993-25994 2012-10553 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Burnup Credit in the Criticality Safety Analyses of Pressurized Water Reactor Spent Fuel in Transportation and Storage Casks, 26050-26051 2012-10618 Natural Resources Office of Natural Resources Revenue RULES Debt Collection and Administrative Offset for Monies Due the Federal Government, 25881-25889 2012-10361 Website and Mailing Addresses;

Payment Definitions, 25877-25881 2012-10360 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 26051 2012-10611 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Workers Memorial Day (Proc. 8805), 25859-25860 2012-10714 EXECUTIVE ORDERS Servicemembers, Veterans, and Military Family Members, Educational Institutions Serving; Establishing Principles of Excellence (EO 13607), 25861-25864 2012-10715 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26051-26052 2012-10545 Applications: Invesco Total Property Market Income Fund, et al., 26052-26056 2012-10569 Order of Suspension of Trading: LocatePlus Holdings Corporation, 26056 2012-10671 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Mercantile Exchange Inc., 26062-26063 2012-10544 EDGA Exchange, Inc., 26059-26061 2012-10540 EDGX Exchange, Inc., 26064-26066 2012-10541 ICE Clear Europe Limited, 26066-26067 2012-10539 Municipal Securities Rulemaking Board, 26061-26064 2012-10542 2012-10543 NASDAQ OMX PHLX LLC, 26056-26059 2012-10538 State Department State Department RULES International Traffic in Arms Regulations:

Exemption for Temporary Export of Chemical Agent Protective Gear, 25865-25868 2012-10599 PROPOSED RULES International Traffic in Arms Regulations: Revision of U.S. Munitions List Category V, 25944-25949 2012-10455 NOTICES Culturally Significant Objects Imported for Exhibition Determinations: American Encounters; Thomas Cole and the American Landscape, 26067 2012-10598 Substance Substance Abuse and Mental Health Services Administration NOTICES Current List of Laboratories and Testing Facilities Which Meet Minimum Standards to Engage in Urine Drug Testing, 26022-26023 2012-10546 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Iowa Regulatory Program, 25868-25872 2012-10567 Oklahoma Regulatory Program, 25872-25874 2012-10561 Pennsylvania Regulatory Program, 25874-25877 2012-10563 PROPOSED RULES Texas Regulatory Program, 25949-25952 2012-10572 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 26040 2012-10457 Surface Transportation Surface Transportation Board RULES National Trails System Act and Railroad Rights-of-Way, 25910-25915 2012-10467 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Meetings: Intelligent Transportation Systems Program Advisory Committee, 26067-26068 2012-10586 Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bonded Warehouse Proprietor's Submission, 26024-26025 2012-10522 Veteran Affairs Veterans Affairs Department NOTICES Meetings: Advisory Committee on Homeless Veterans, 26069 2012-10524 Joint Biomedical Laboratory Research and Development and Clinical Science Research and Development Services Scientific Merit Review Board, 26069-26070 2012-10525 Separate Parts In This Issue Part II Environmental Protection Agency, 26072-26101 2012-9978 Part III Commerce Department, National Oceanic and Atmospheric Administration, 26104-26148 2012-10527 2012-10526 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 85 Wednesday, May 2, 2012 Rules and Regulations DEPARTMENT OF STATE 22 CFR Parts 123 and 126 [Public Notice 7865] RIN 1400-AC71 Amendment to the International Traffic in Arms Regulations: Exemption for Temporary Export of Chemical Agent Protective Gear AGENCY:

Department of State. ACTION: Final rule. SUMMARY: The Department of State is amending the International Traffic in Arms Regulations

(ITAR)to add an exemption for the temporary export of chemical agent protective gear for personal use. The exemption for body armor is amended to also cover helmets when they are included with the body armor. An exemption for firearms and ammunition is clarified by removing certain extraneous language that does not change the meaning of the exemption, and by standardizing the language among the exemptions in this section of the regulations. The registration requirement as it relates to certain exemptions is clarified. And an error in the authorities for part 126 of the ITAR is corrected. DATES: *Effective Date:* This rule is effective June 1, 2012. FOR FURTHER INFORMATION CONTACT: Ms. Candace M. J. Goforth, Acting Director, Office of Defense Trade Controls Policy, Department of State, telephone

(202)663-2792; email *DDTCResponseTeam@state.gov.* ATTN: Regulatory Change, ITAR Section 123.17. SUPPLEMENTARY INFORMATION: In August 2009, the Department of State amended the ITAR to provide an exemption for the temporary export of body armor covered by 22 CFR 121.1, Category X(a)(1). Now, the Department is amending the ITAR to add an exemption for the temporary export of chemical agent protective gear covered by 22 CFR 121.1, Category XIV(f)(4). The exemption is available for U.S. persons for temporary exports to countries not subject to restrictions under ITAR § 126.1, and to countries subject to restrictions under ITAR § 126.1 under specified conditions. In order to use the exemption, the chemical agent protective gear must be for the U.S. person's exclusive use and must be returned to the United States. The U.S. person may not reexport the protective gear to a foreign person or otherwise transfer ownership. The protective gear may not be exported to any country where the importation would be in violation of that country's laws. New § 123.17(j) specifies that if the chemical agent protective gear is not returned to the United States with the individual that temporarily exported the gear, a detailed report of the incident must be submitted to the Office of Defense Trade Controls Compliance in accordance with the requirements of ITAR § 127.12(c)(2). If the chemical agent protective gear is lost or stolen, the report should describe all attempts to locate the gear and explain the circumstances leading to its loss or theft. In the event the chemical agent protective gear is used and disposed of according to HAZMAT guidelines, the report should provide a disposal date and location details for the approved HAZMAT facility used, along with a receipt for disposal services. If a HAZMAT facility is not available, the report should describe the date, location, and method used to dispose of the protective gear. In the proposed rule, this disclosure provision was covered in paragraph

(f)and applied only to the body armor and chemical agent protective gear provisions. In this final rule, we specify that, in addition to applying to the body armor and chemical agent protective gear exemptions, it also applies to the firearms exemption covered in paragraph (c). The change removes the requirement that assistance to the government of Iraq be “humanitarian” to more accurately match the language of United Nations Security Council restrictions, which do not limit assistance to humanitarian assistance. New § 123.17(k) clarifies that individuals who are U.S. persons seeking to use the exemptions of § 123.17 are not required to be registered with the Department of State (the registration requirement is described in ITAR part 122). Section (c)(3) is revised to remove what is in practice extraneous language. Subject to the requirements of (c)(1)-(3), the exemption applies to all eligible individuals (with the noted exceptions). Thus, while the text is revised, the meaning of (c)(3) is not changed. The authority citation for ITAR part 126 is corrected to include sections 7045 and 7046 of Public Law 112-74. This rule was first published as a proposed rule on March 23, 2011, soliciting public comment. The comment period ended May 23, 2011. Seven parties filed comments recommending changes. The Department's evaluation of the written comments and recommendations follows: Three commenting parties requested the elimination of the requirement for a U.S. Customs and Border Protection

(CBP)inspection before export, citing logistical difficulties in certain instances (for example, departing on a U.S. military airplane from a U.S. military base). According to law and regulations, persons who claim this exemption must submit the articles for CBP inspection at departure, regardless of the type of aircraft used for departure from the United States. Therefore, the Department did not accept this recommendation. Three commenting parties requested clarification of the phrase, “affiliated with the U.S. Government,” or recommended it be replaced with “travelling in support of a U.S. Government contract.” Because the first phrase includes those employed by the U.S. Government, and is meant to include those who are described by the second phrase, the Department has kept the first phrase and amended the regulation to include the second phrase. Two commenting parties recommended the option of separate shipment or mailing of armor or gear exported using this exemption, stating that carrying the armor or gear is burdensome. We acknowledge that carrying the armor or gear may present certain logistical difficulties, but because this exemption is intentionally of limited scope, we are not prepared to authorize separate shipment or mailing as a mean of export at this time. Therefore, the Department did not accept this recommendation. Two commenting parties inquired into what type of documentation may be used to satisfy the exemption requirements for Iraq. As the rule is written, various forms of documentation may be presented to fulfill the exemption requirements, including the examples proffered by the commenting parties (contract with or letter from the U.S. Government). One commenting party recommended including specific mention of the C2 canister as covered by the chemical agent protective gear exemption. Upon reflection, the Department determined that the exemption would be more useful if it provided for coverage of a spare filter canister (of which the C2 canister is one variant). Therefore, the Department in effect accepted this recommendation, although it opted for use of the more generic term of “filter canister” rather than “C2 canister.” One commenting party recommended the removal of the requirement to submit a report to the Office of Defense Trade Controls Compliance in accordance with the requirements of § 127.12(c)(2) should the person temporarily exporting under this exemption not be able to return the exported items. The commenting party said it would be “wrong” to treat as a violation an instance where the impediment to return was the actual intended use and destruction of the body armor or chemical agent protective gear. The Department notes when an item authorized only for temporary export is not returned to the United States, by definition it is a violation. Section 127.12(c)(2) is the means by which such a violation is reported to the Department. The Department did not accept this recommendation. One commenting party recommended broadening this exemption for use by U.S. persons, as defined at ITAR § 120.14. The Department clarifies that the exemption is for use by U.S. persons, as defined at ITAR § 120.14. One commenting party recommended the removal of the requirement to file the export declaration through the Automated Export System (AES), with the explanation that AES is not available for individual use. The Department verified that AES is available for individual use. Therefore, the Department did not accept this recommendation. One commenting party recommended expanding the exemption to allow a U.S. person to export and distribute to employees the items covered by the exemption. While a company within the definition of “U.S. person” may claim the exemption for his employees, the individual employees must export the items and these items must be with the individual's baggage or effects, whether accompanied or unaccompanied (but not mailed). One commenting party recommended allowing the use of this exemption for temporary export to proscribed destinations listed in ITAR § 126.1, when the person using the exemption is travelling on official business in support of a U.S. government contract. The Department agreed with the rationale that this modification to the proposed rule would “allow for the timely support of U.S. Government contracts in hazardous areas of foreign countries where such protective gear is required for personal safety.” Therefore, the Department accepted this recommendation. One commenting party recommended eliminating the requirement in paragraph (f)(3) for the individual to declare to CBP his intention of returning the articles upon each return to the United States, stating that it is common practice for persons to safely store their gear overseas when returning home for short visits. The Department accepted this recommendation, and has revised paragraph (f)(3) to require the person to declare that it is his intention to return the articles “at the end of tour, contract, or assignment for which the articles were temporarily exported.” One commenting party recommended providing the option of depositing the body armor or chemical agent protective gear with a U.S. Government depot and receiving a receipt in lieu of physical return of the articles to the United States, and another commenting party inquired whether this was permissible under the exemption. In order to avoid the requirement of obtaining a license from the Department for the export, the articles temporarily exported under this exemption must be physically returned to the United States. Therefore, the Department did not accept this recommendation. One commenting party recommended including helmets in the body armor exemption, noting that helmets are frequently added to a suit of armor, and that it “makes good sense” to include in the same exemption that covers items that protect a person's body an item that protects a person's head. The Department agreed with this recommendation, and has added helmets covered by 22 CFR 121.1, Category X(a)(6) to the exemption for the temporary export of body armor, when the helmet is included with the body armor. The exemption is not available for the helmet alone. Having thoroughly reviewed and evaluated the comments and the recommended changes, the Department has determined that it will, and hereby does, adopt the proposed rule, with changes noted and other edits, and promulgates it as a final rule. 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 published this rule with a 60-day provision for public comment and without prejudice to its determination that restricting defense article exports is a foreign affairs function. Regulatory Flexibility Act Since the Department is of the opinion that this rule is exempt from the rulemaking provisions 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 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 his 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 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 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 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 123 and 126 Arms and munitions, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, parts 123 and 126 are amended as follows: PART 123—LICENSES FOR THE EXPORT OF DEFENSE ARTICLES 1. The authority citation for part 123 continues to read as follows: Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 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), Pub. L. 107-228. 2. Section 123.17 is amended by revising the section heading, and paragraphs (c), (f), and (g), and adding paragraphs

(h)through (k), to read as follows: § 123.17 Exports of firearms, ammunition, and personal protective gear.

(c)Port Directors of U.S. Customs and Border Protection

(CBP)shall permit U.S. persons to export temporarily from the United States without a license not more than three nonautomatic firearms in Category I(a) of § 121.1 of this subchapter and not more than 1,000 cartridges therefor, provided that:

(1)The person declares the articles to a CBP officer upon each departure from the United States, presents the Internal Transaction Number from submission of the Electronic Export Information in the Automated Export System per § 123.22 of this subchapter, and the articles are presented to the CBP officer for inspection;

(2)The firearms and accompanying ammunition to be exported is with the individual's baggage or effects, whether accompanied or unaccompanied (but not mailed); and

(3)The firearms and accompanying ammunition must be for that person's exclusive use and not for reexport or other transfer of ownership. The person must declare that it is his intention to return the article(s) on each return to the United States. The foregoing exemption is not applicable to the personnel referred to in § 123.18 of this subchapter.

(f)Port Directors of U.S. Customs and Border Protection

(CBP)shall permit U.S. persons to export temporarily from the United States without a license one set of body armor covered by U.S. Munitions List Category X(a)(1), which may include one helmet covered by U.S. Munitions List Category X(a)(6), or one set of chemical agent protective gear covered by U.S. Munitions List Category XIV(f)(4), which may include one additional filter canister, provided:

(AES)per § 123.22 of this subchapter, and the articles are presented to the CBP officer for inspection;

(2)The body armor, which may include a helmet, or chemical agent protective gear, which may include one additional filter canister, to be exported is with the individual's baggage or effects, whether accompanied or unaccompanied (but not mailed); and

(3)The body armor, which may include a helmet, or chemical agent protective gear, which may include one additional filter canister, to be exported is for that person's exclusive use and not for reexport or other transfer of ownership. The person must declare it is his intention to return the article(s) to the United States at the end of tour, contract, or assignment for which the articles were temporarily exported.

(g)The license exemption set forth in paragraph

(f)of this section is available for the temporary export of body armor or chemical agent protective gear for personal use to countries listed in § 126.1 of this subchapter provided:

(1)The conditions in paragraph

(f)of this section are met; and

(2)The person is affiliated with the U.S. Government traveling on official business or is traveling in support of a U.S. Government contract. The person shall present documentation to this effect, along with the Internal Transaction Number for the AES submission, to the CBP officer.

(h)The license exemption set forth in paragraph

(f)of this section is available for the temporary export of body armor, which may include a helmet, or chemical agent protective gear, which may include one additional filter canister, for personal use to Iraq, provided the conditions in paragraph

(f)are met, and the person is either affiliated with the U.S. Government traveling on official business or is traveling in support of a U.S. Government contract, or is traveling to Iraq under a direct authorization by the Government of Iraq and engaging in activities for, on behalf of, or at the request of, the Government of Iraq. The person shall present documentation to this effect, along with the Internal Transaction Number for the AES submission, to the CBP officer. Documentation regarding direct authorization from the Government of Iraq shall include an English translation.

(i)The license exemption set forth in paragraph

(f)are met.

(j)If the articles temporarily exported pursuant to paragraphs

(c)and

(f)through

(i)of this section are not returned to the United States, a detailed report must be submitted to the Office of Defense Trade Controls Compliance in accordance with the requirements of § 127.12(c)(2) of this subchapter.

(k)To use the exemptions in this section, individuals are not required to be registered with the Department of State (the registration requirement is described in part 122 of this subchapter). All other entities must be registered and eligible, as provided in §§ 120.1(c) and

(d)and part 122 of this subchapter. PART 126—GENERAL POLICIES AND PROVISIONS 3. The authority citation for part 126 is revised 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; Sec. 7089, Pub. L. 111-117; Pub. L. 111-266; Section 7045, Pub. L. 112-74; Section 7046, Pub. L. 112-74. Dated: April 25, 2012. Rose E. Gottemoeller, Acting Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2012-10599 Filed 5-1-12; 8:45 am]

Connectionstraces to 14

Traces to 14 documents

CFR