80 FR 30614 - Amendment to the International Traffic in Arms Regulations: Policy on Exports to the Republic of Fiji

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 103 (May 29, 2015)

Page Range		30614-30615
FR Document		2015-13017

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.

Federal Register, Volume 80 Issue 103 (Friday, May 29, 2015)

[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Rules and Regulations]
[Pages 30614-30615]
From the Federal Register Online  [www.thefederalregister.org]
[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.

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

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 [email protected]. 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

30614 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations

detail the scope of the agency’s Issued in Fort Worth, TX, on May 14, 2015. Dated: May 14, 2015.
authority. This rulemaking is Robert W. Beck, Christopher C. Cartwright,
promulgated under the authority Manager, Operations Support Group, ATO Associate Assistant Administrator for
described in Subtitle VII, Part A, Central Service Center. Management and CFO/CAO, Ocean Services
Subpart I, Section 40103. Under that [FR Doc. 2015–12979 Filed 5–28–15; 8:45 am]
and Coastal Zone Management.
section, the FAA is charged with [FR Doc. 2015–12186 Filed 5–28–15; 8:45 am]
BILLING CODE 4910–13–P
prescribing regulations to assign the use BILLING CODE 3510–NK–P
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the DEPARTMENT OF STATE
DEPARTMENT OF COMMERCE
scope of that authority as it establishes
controlled airspace at Clark County National Oceanic and Atmospheric 22 CFR Part 126
Airport, Clark, SD. Administration [Public Notice: 9153]
Environmental Review RIN 1400–AD77
15 CFR Part 922
The FAA has determined that this Amendment to the International Traffic
action qualifies for categorical exclusion RIN 0648–BC26 in Arms Regulations: Policy on
under the National Environmental Exports to the Republic of Fiji
Policy Act in accordance with FAA Gulf of the Farallones and Monterey
Order 1050.1E, ‘‘Environmental Bay National Marine Sanctuaries AGENCY: Department of State.
Impacts: Policies and Procedures’’ Regulations on Introduced Species; ACTION: Final rule.
paragraph 311a. This airspace action is Notification of Effective Date
not expected to cause any potentially SUMMARY: The Department of State is
significant environmental impacts, and revising the International Traffic in
AGENCY: Office of National Marine
no extraordinary circumstances exist Arms Regulations (ITAR) to rescind the
Sanctuaries (ONMS), National Oceanic
that warrant preparation of an previous policy of denying the export of
and Atmospheric Administration defense articles and defense services to
environmental assessment. (NOAA), Department of Commerce Fiji.
List of Subjects in 14 CFR Part 71 (DOC).
DATES: This rule is effective on May 29,
Airspace, Incorporation by reference, ACTION: Notification of effective date. 2015.
Navigation (air). FOR FURTHER INFORMATION CONTACT: Mr.
SUMMARY: NOAA published a final rule C. Edward Peartree, Director, Office of
Adoption of the Amendment to prohibit the introduction of Defense Trade Controls Policy,
In consideration of the foregoing, the introduced species into the state waters Department of State, telephone (202)
Federal Aviation Administration of Gulf of the Farallones and Monterey 663–2792; email
amends 14 CFR part 71 as follows: Bay national marine sanctuaries, and to DDTCPublicComments@state.gov.
revise the corresponding sanctuary ATTN: Regulatory Change, Exports to
PART 71—DESIGNATION OF CLASS A, terms of designation on February 19, Fiji.
B, C, D, AND E AIRSPACE AREAS; AIR 2015 (80 FR 8778). Pursuant to Section SUPPLEMENTARY INFORMATION: The
TRAFFIC SERVICE ROUTES; AND 304(b) of the National Marine Department of State is amending the
REPORTING POINTS Sanctuaries Act (16 U.S.C. 1434(b)) the International Traffic in Arms
final regulations take effect after 45 days Regulations (ITAR) to update the
■ 1. The authority citation for part 71 of continuous session of Congress defense trade policy regarding Fiji. On
continues to read as follows: beginning on February 19, 2015. September 17, 2014, Fiji’s acting
Authority: 49 U.S.C. 106(f), 106(g);, 40103, Through this notification, NOAA is government followed through on its
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, announcing the regulations became longstanding commitment to hold
1959–1963 Comp., p. 389. effective on May 15, 2015. democratic elections. A Multinational
Observer Group of over 90 international
§ 71.1 [Amended] DATES: The regulations published on observers, representing 14 countries
February 19, 2015 (80 FR 8778) are including the United States,
■ 2. The incorporation by reference in effective as of May 15, 2015. characterized the election as credible
14 CFR 71.1 of FAA Order 7400.9Y, and having represented the will of the
FOR FURTHER INFORMATION CONTACT:
Airspace Designations and Reporting people of Fiji. The Department has
Points, dated August 6, 2014, and Dave Lott, Regional Operations
Coordinator, West Coast Region, Office determined that is in the best interests
effective September 15, 2014, is of U.S. foreign policy, national security,
amended as follows: of National Marine Sanctuaries, 99
and human rights concerns to rescind
Pacific Street, STE 100F, Monterey, CA
the previous policy of denying the
Paragraph 6005 Class E Airspace areas 93940. (831) 647–1920.
export of defense articles and defense
extending upward from 700 feet or more
above the surface of the earth. SUPPLEMENTARY INFORMATION: On services to Fiji.
February 19, 2015, NOAA finalized Regulatory Analysis and Notices
* * * * *
regulations that prohibit the
Lhorne on DSK2VPTVN1PROD with RULES

AGL SD E5 Clark, SD [New] introduction of introduced species into Administrative Procedure Act
Clark County Airport, SD the state waters of Gulf of the Farallones The Department of State is of the
(Lat. 44°53′42″ N., long. 097°42′38″ W.) and Monterey Bay national marine opinion that controlling the import and
That airspace extending upward from 700 sanctuaries (80 FR 8778). Those export of defense articles and services is
feet above the surface within a 6.5-mile regulations became effective on May 15, a foreign affairs function of the United
radius of Clark County Airport. 2015. States government and that rules

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Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 30615

implementing this function are exempt defense articles and services is a foreign (p) [Reserved]
from sections 553 (rulemaking) and 554 affairs function of the United States * * * * *
(adjudications) of the Administrative government and that rules governing the
Procedure Act (APA), pursuant to 5 conduct of this function are exempt Rose E. Gottemoeller,
U.S.C. 553(a)(1). Since the Department from the requirements of Executive Under Secretary, Arms Control and
is of the opinion that this rule is exempt Order 12866. However, the Department International Security, Department of State.
from 5 U.S.C 553, it is the view of the has reviewed the rule to ensure its [FR Doc. 2015–13017 Filed 5–28–15; 8:45 am]
Department that the provisions of consistency with the regulatory BILLING CODE 4710–25–P
Section 553(d) do not apply to this philosophy and principles set forth in
rulemaking. Therefore, this rule is the Executive Order.
effective upon publication. The DEPARTMENT OF JUSTICE
Executive Order 13563
Department also finds that, given the
national security issues surrounding The Department of State has Bureau of Alcohol, Tobacco, Firearms,
U.S. policy toward Fiji, notice and considered this rule in light of and Explosives
public procedure on this rule would be Executive Order 13563, dated January
impracticable, unnecessary, or contrary 18, 2011, and affirms that this regulation 27 CFR Part 447
to the public interest; for this reason, the is consistent with the guidance therein. [Docket No. ATF–25F; AG Order No. 3531–
rule is effective upon publication. 2015]
Executive Order 12988
Regulatory Flexibility Act RIN 1140–AA45
The Department of State has reviewed
Since the Department is of the this rulemaking in light of sections 3(a) Importation of Arms, Ammunition and
opinion that this rule is exempt from the and 3(b)(2) of Executive Order 12988 to Defense Articles—Removal of Certain
provisions of 5 U.S.C. 553, there is no eliminate ambiguity, minimize Defense Articles Currently on the U.S.
requirement for an analysis under the litigation, establish clear legal Munitions Import List That No Longer
Regulatory Flexibility Act. standards, and reduce burden. Warrant Import Control Under the
Unfunded Mandates Reform Act of 1995 Executive Order 13175 Arms Export Control Act (2011R–25P)
This rulemaking does not involve a AGENCY: Bureau of Alcohol, Tobacco,
The Department of State has
mandate that will result in the Firearms, and Explosives (ATF),
determined that this rulemaking will
expenditure by State, local, and tribal Department of Justice.
not have tribal implications, will not
governments, in the aggregate, or by the ACTION: Final rule.
impose substantial direct compliance
private sector, of $100 million or more
costs on Indian tribal governments, and
in any year and it will not significantly SUMMARY: The Department of Justice is
will not pre-empt tribal law.
or uniquely affect small governments. finalizing without change an
Accordingly, the provisions of
Therefore, no actions were deemed amendment to the Bureau of Alcohol,
Executive Order 13175 do not apply to
necessary under the provisions of the Tobacco, Firearms, and Explosives
this rulemaking.
Unfunded Mandates Reform Act of regulations to remove those defense
1995. Paperwork Reduction Act articles currently on the United States
Munitions Import List that ATF by
Small Business Regulatory Enforcement This rule does not impose any new
delegation has determined no longer
Fairness Act of 1996 reporting or recordkeeping requirements
warrant import control under the Arms
This rulemaking has been found not subject to the Paperwork Reduction Act,
Export Control Act.
to be a major rule within the meaning 44 U.S.C. Chapter 35.
DATES: This rule is effective June 29,
of the Small Business Regulatory List of Subjects in 22 CFR Part 126 2015.
Enforcement Fairness Act of 1996.
Arms and munitions, Exports. FOR FURTHER INFORMATION CONTACT:
Executive Orders 12372 and 13132 George M. Fodor, Office of Regulatory
For the reasons set forth above, 22
This rulemaking will not have CFR part 126 is amended as follows: Affairs, Enforcement Programs and
substantial direct effects on the States, Services, Bureau of Alcohol, Tobacco,
on the relationship between the national PART 126—GENERAL POLICIES AND Firearms, and Explosives, U.S.
government and the States, or on the PROVISIONS Department of Justice, 99 New York
distribution of power and Avenue NE., Washington, DC 20226;
responsibilities among the various ■ 1. The authority citation for part 126 telephone: (202) 648–7070.
levels of government. Therefore, in continues to read as follows: SUPPLEMENTARY INFORMATION:
accordance with Executive Order 13132, Authority: Secs. 2, 38, 40, 42, and 71, Pub. I. Background
it is determined that this rulemaking L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
does not have sufficient federalism 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 Section 38 of the Arms Export Control
implications to require consultations or U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, Act of 1976 (AECA), 22 U.S.C. 2778, as
warrant the preparation of a federalism 1994 Comp., p. 899; Sec. 1225, Pub. L. 108– amended, authorizes the President, in
summary impact statement. The 375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– furtherance of world peace and the
regulations implementing Executive 266; Sections 7045 and 7046, Pub. L. 112–74; security and foreign policy of the United
E.O. 13637, 78 FR 16129. States, to control the import and the
Order 12372 regarding
intergovernmental consultation on export of defense articles and defense
Lhorne on DSK2VPTVN1PROD with RULES

■ 2. Section 126.1 is amended by
Federal programs and activities do not removing and reserving paragraph (p) to services. 22 U.S.C. 2778(a)(1). The
apply to this rulemaking. read as follows: AECA also authorizes the President to
designate those items that shall be
Executive Order 12866 § 126.1 Prohibited exports, imports, and considered defense articles and defense
The Department is of the opinion that sales to or from certain countries. services for the purposes of section 38,
controlling the import and export of * * * * * and to promulgate regulations for the

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Document Created: 2015-12-15 15:31:18
Document Modified: 2015-12-15 15:31:18

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		This rule is effective on May 29, 2015.
Contact		Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email [email protected] ATTN: Regulatory Change, Exports to Fiji.
FR Citation		80 FR 30614
RIN Number		1400-AD77
CFR Associated		Arms and Munitions and Exports