81 FR 87427 - Amendment to the International Traffic in Arms Regulations: Corrections and Clarifications
DEPARTMENT OF STATE Federal Register Volume 81, Issue 233 (December 5, 2016)
Federal Register Volume 81, Issue 233 (December 5, 2016)
| Page Range | 87427-87430 | |
| FR Document | 2016-28406 |
[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)] [Rules and Regulations] [Pages 87427-87430] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-28406] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Parts 120, 121, 122, 124, 126 and 127 [Public Notice: 9757] RIN 1400-AE05 Amendment to the International Traffic in Arms Regulations: Corrections and Clarifications AGENCY: Department of State. ACTION: Final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of State is amending the International Traffic in Arms Regulations (ITAR) to clarify recent revisions made pursuant to the President's Export Control Reform (ECR) initiative. This rule clarifies the scope of disclosure of information submitted to the Directorate of Defense Trade Controls (DDTC), clarifies the policies and procedures regarding statutory debarments, and corrects administrative and typographical errors. DATES: This Final rule is effective on December 5, 2016. The Department will accept comments on the Final regulation up to January 4, 2017. ADDRESSES: Interested parties may submit comments within 30 days of the date of publication by one of the following methods:Email: [email protected] with the subject line, ``ITAR Corrections and Clarifications.'' Internet: You may view this Final rule and submit your comments by visiting the Regulations.gov Web site at www.regulations.gov, and searching for docket number DOS-2016-0070. Comments received after that date will be considered if feasible, but consideration cannot be assured. All comments (including any personally identifying information or information for which a claim of confidentiality is asserted in those comments or their transmittal emails) will be made [[Page 87428]] available for public inspection and copying after the close of the comment period via the Directorate of Defense Trade Controls Web site at www.pmddtc.state.gov. Parties who wish to comment anonymously may do so by submitting their comments via www.regulations.gov, leaving the fields that would identify the commenter blank and including no identifying information in the comment itself. Comments submitted via www.regulations.gov are immediately available for public inspection. 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, Corrections and Clarifications. SUPPLEMENTARY INFORMATION: The Department makes the following revisions to the ITAR in this final rule: A definition of ``classified'' is moved from Sec. 121.1(e) to Sec. 120.46; The structure of Sec. 121.1(a)-(e) is realigned, with paragraphs (a) and (b) revised to clarify the existing requirements for United States Munitions List (USML) controls, and paragraphs (c), (d) and (e) removed; Thirteen USML categories are amended to clarify that commodities, software, and technology subject to the Export Administration Regulations (EAR) and related to defense articles in a USML category may be exported or temporarily imported on the same license with defense articles from any category, provided they are to be used in or with that defense article; In three places within the USML, the word ``enumerated'' is replaced with the word ``described'' to make the language consistent with changes directed in the Final Rule published at 79 FR 61226, Oct. 10, 2014; Section 122.4(c)(4) is revised to permit the Directorate of Defense Trade Controls (DDTC) to approve an alternative timeframe, not less than 60 days, to the current 60-day requirement for registrants to provide a signed amended agreement; Section 124.2(c)(5)(v) is revised to correct errors to the USML category references for gas turbine engine hot sections, from VI(f) and VIII(b) to Category XIX; Section 124.12 is amended in paragraph (a)(9) to update the name of the Defense Investigative Service to Defense Security Service; Section 126.9 on Advisory Opinions and Related Authorizations is amended to correct paragraph (a); Paragraph (b) of Sec. 126.10 is amended to clarify the scope of control and disclosure of information, however, notwithstanding the changes to paragraph (b) it is the Department's policy not to publicly release information relating to activities regulated by the ITAR except as required by law or when doing so is otherwise in the interest of the United States Government; and Section 127.7(b) is amended to clarify the policies and procedures regarding statutory debarments (addressing inadvertent omissions resulting from a prior amendment to that section), and Sec. 127.11 is amended to make conforming revisions to paragraph (c) omitted from prior amendment to that section. 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 sections 553 (Rulemaking) and 554 (Adjudications) of the Administrative Procedure Act (APA). Although the Department is of the opinion that this rule is exempt from the rulemaking provisions of the APA, the Department is providing 30 days for the public to submit comments without prejudice to its determination that controlling the import and export of defense services is a foreign affairs function. Regulatory Flexibility Act Since 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 is not 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. The Department has determined that, given the nature of the amendments made in this rulemaking, there will be minimal cost to the public. Therefore, the benefits of this rulemaking outweigh the cost. This rule has not been designated a ``significant regulatory action'' by the Office and Information and Regulatory Affairs under Executive Order 12866. 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. 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 22 CFR Parts 120 and 121 Arms and munitions, Classified information, Exports. [[Page 87429]] 22 CFR Part 122 Arms and munitions, Exports. 22 CFR Part 124 Arms and munitions, Exports, Technical assistance. 22 CFR Part 126 Arms and munitions, Exports. 22 CFR Part 127 Arms and munitions, Exports, Crime, Law, Penalties, Seizures and forfeitures. Accordingly, for the reasons set forth above, title 22, chapter I, subchapter M, parts 120, 121, 122, 124, 126, and 127 are amended as follows: PART 120--PURPOSE AND DEFINITIONS 0 1. The authority citation for part 120 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. 2794; 22 U.S.C. 2651a; Pub. L. 105-261, 112 Stat. 1920; Pub. L. 111-266; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129. 0 2. Section 120.46 is added to read as follows: Sec. 120.46 Classified. Classified means classified pursuant to Executive Order 13526, and a security classification guide developed pursuant thereto or equivalent, or to the corresponding classification rules of another government or international organization. PART 121--THE UNITED STATES MUNITIONS LIST 0 3. The authority citation for part 121 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. 2651a; Pub. L. 105-261, 112 Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129. 0 4. Section 121.1 is amended by: 0 a. Revising paragraphs (a) and (b); 0 b. Removing paragraphs (c), (d), and (e); 0 c. Removing the words ``controlled in this category'' in paragraph (x) and the Note to paragraph (x) for each of the following USML categories: Category IV, Category V, Category VI, Category VII, Category VIII, Category IX, Category X, Category XI, Category XIII, Category XV, Category XVI, Category XIX, and Category XX; 0 d. In Category VI: 0 i. Removing the word ``enumerated'' and adding in its place the word ``described'' in Note 1 to paragraph (f); and 0 ii. Removing the word ``enumerated'' and adding in its place the word ``described'' in paragraph (g); and 0 e. Removing the word ``enumerated'' and adding in its place the word ``described'' in paragraph (h) of Category VII. The revisions read as follows: Sec. 121.1 The United States Munitions List. (a) U.S. Munitions List. In this part, articles, services, and related technical data are designated as defense articles or defense services pursuant to sections 38 and 47(7) of the Arms Export Control Act and constitute the U.S. Munitions List (USML). Changes in designations are published in the Federal Register. Paragraphs (a)(1) through (3) of this section describe or explain the elements of a USML category: (1) Composition of U.S. Munitions List categories. USML categories are organized by paragraphs and subparagraphs identified alphanumerically. They usually start by enumerating or otherwise describing end-items, followed by major systems and equipment; parts, components, accessories, and attachments; and technical data and defense services directly related to the defense articles of that USML category. (2) Significant Military Equipment. All items described within a USML paragraph or subparagraph that is preceded by an asterisk (*) are designated ``Significant Military Equipment'' (see Sec. 120.7 of this subchapter). Note that technical data directly related to the manufacture or production of a defense article designated as Significant Military Equipment (SME) is also designated as SME. (3) Missile Technology Control Regime (MTCR) designation. Annotation with the parenthetical ``(MT)'' at the end of a USML entry, or inclusion in Sec. 121.16, indicates those defense articles that are on the MTCR Annex. See Sec. 120.29 of this subchapter. (b) Order of review. Articles are controlled on the U.S. Munitions List because they are either: (1) Enumerated in a category; or (2) Described in a ``catch-all'' paragraph that incorporates ``specially designed'' (see Sec. 120.41 of this subchapter) as a control parameter. In order to classify an item on the USML, begin with a review of the general characteristics of the item. This should guide you to the appropriate category, whereupon you should attempt to match the particular characteristics and functions of the article to a specific entry within that category. If the entry includes the term ``specially designed,'' refer to Sec. 120.41 to determine if the article qualifies for one or more of the exclusions articulated in Sec. 120.41(b). An item described in multiple entries should be categorized according to an enumerated entry rather than a specially designed catch-all paragraph. In all cases, articles not controlled on the USML may be subject to another U.S. government regulatory agency (see Sec. 120.5 of this subchapter, and Supplement No. 4 to part 774 of the Export Administration Regulations for guidance on classifying an item subject to the EAR). * * * * * PART 122--REGISTRATION OF MANUFACTURERS AND EXPORTERS 0 5. The authority citation for part 122 continues to read as follows: Authority: Sections 2 and 38, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778); 22 U.S.C. 2651a; E.O. 13637, 78 FR 16129. 0 6. Section 122.4 is amended by revising paragraph (c)(4) to read as follows: Sec. 122.4 Notification of changes in information furnished by registrants. * * * * * (c) * * * (4) Amendments to agreements approved by the Directorate of Defense Trade Controls to change the name of a party to those agreements. The registrant must provide to the Directorate of Defense Trade Controls a signed copy of such an amendment to each agreement signed by the new U.S. entity, the former U.S. licensor and the foreign licensee, within 60 days of this notification, unless an extension of time is approved by the Directorate of Defense Trade Controls. Any agreement not so amended may be considered invalid. * * * * * PART 124--AGREEMENTS, OFF-SHORE PROCUREMENT, AND OTHER DEFENSE SERVICES 0 7. The authority citation for part 124 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. 2651a; 22 U.S.C. 2776; Section 1514, Pub. L. 105-261; Pub. L. 111-266; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129. 0 8. Section 124.2 is amended by revising paragraph (c)(5)(v) to read as follows: Sec. 124.2 Exemptions for training and military service. * * * * * [[Page 87430]] (c) * * * (5) * * * (v) Gas turbine engine hot sections covered by Category XIX(f); * * * * * 0 9. Section 124.12 is amended by revising paragraph (a)(9) to read as follows: Sec. 124.12 Required information in letters of transmittal. (a) * * * (9) For agreements that may require the export of classified information, the Defense Security Service cognizant security offices that have responsibility for the facilities of the U.S. parties to the agreement shall be identified. The facility security clearance codes of the U.S. parties shall also be provided. * * * * * PART 126--GENERAL POLICIES AND PROVISIONS 0 10. 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 11. Section 126.9 is amended by revising paragraph (a) to read as follows: Sec. 126.9 Advisory opinions and related authorizations. (a) Preliminary authorization determinations. A person may request information from the Directorate of Defense Trade Controls as to whether it would likely grant a license or other approval for a particular defense article or defense service to a particular country. Such information from the Directorate of Defense Trade Controls is issued on a case-by-case basis and applies only to the particular matters presented to the Directorate of Defense Trade Controls. These opinions are not binding on the Department of State and may not be used in future matters before the Department. A request for an advisory opinion must be made in writing and must outline in detail the equipment, its usage, the security classification (if any) of the articles or related technical data, and the country or countries involved. * * * * * 0 12. Section 126.10 is amended by revising paragraph (b) to read as follows: Sec. 126.10 Disclosure of information. * * * * * (b) Determinations required by law. Section 38(e) of the Arms Export Control Act (22 U.S.C. 2778(e)) provides, by reference to section 12(c) of the Export Administration Act (50 U.S.C. 2411), that information obtained for the purpose of consideration of, or concerning, license applications shall be withheld from public disclosure unless the release of such information is determined by the Secretary to be in the national interest. Section 38(e) of the Arms Control Export Act further provides that, the names of countries and types and quantities of defense articles for which licenses are issued under this section shall not be withheld from public disclosure unless certain determinations are made that the release of such information would be contrary to the national interest. Such determinations required by section 38(e) shall be made by the Assistant Secretary of State for Political-Military Affairs. * * * * * PART 127--VIOLATIONS AND PENALTIES 0 13. The authority citation for part 127 continues to read as follows: Authority: Sections 2, 38, and 42, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22 U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 FR 16129; Pub. L. 114- 74, 129 Stat. 584. 0 14. Section 127.7 is amended by revising paragraph (b) to read as follows: Sec. 127.7 Debarment. * * * * * (b) Statutory debarment. It is the policy of the Department of State not to consider applications for licenses or requests for approvals involving any person who has been convicted of violating the Arms Export Control Act or convicted of conspiracy to violate that Act for a three year period following conviction and to prohibit that person from participating directly or indirectly in any activities that are subject to this subchapter. Such individuals shall be notified in writing that they are statutorily debarred pursuant to this policy. A list of persons who have been convicted of such offenses and debarred for this reason shall be published periodically in the Federal Register. Statutory debarment in such cases is based solely upon the outcome of a criminal proceeding, conducted by a court of the United States, which established guilt beyond a reasonable doubt in accordance with due process. Reinstatement is not automatic, and in all cases the debarred person must submit a request for reinstatement to the Department of State and be approved for reinstatement before engaging in any activities subject to this subchapter. The procedures of part 128 of this subchapter are not applicable in such cases. * * * * * 0 15. Section 127.11(c) is revised to read as follows: Sec. 127.11 Past violations. * * * * * (c) Debarred persons. Persons debarred pursuant to Sec. 127.7(b) (statutory debarment) may not utilize the procedures provided by paragraph (b) of this section while the statutory debarment is in force. Such persons may utilize only the procedures provided by Sec. 127.7(d). Dated: November 18, 2016. Tom Countryman, Acting Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2016-28406 Filed 12-2-16; 8:45 am] BILLING CODE 4710-25-P
![Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Rules and Regulations 87427
Reduction Act of 1995 (44 U.S.C. 3501 be the result of a VEU or VEU facility Supplement No. 7 to Part 748—
et seq.) (PRA) and OMB Control Number no longer meeting the eligibility criteria [AMENDED]
0694–0088 are not expected to increase for Authorization VEU, and may thus
significantly as a result of this rule. ■ 2. Amend Supplement No. 7 to Part
lead the U.S. Government to modify or
Notwithstanding any other provisions of 748 by removing the entire entry for
revoke VEU authorization. VEUs or VEU
law, no person is required to respond to, ‘‘Semiconductor Manufacturing
facilities that undergo material changes
nor be subject to a penalty for failure to International Corporation,’’ in ‘‘China
that result in their no longer meeting the
comply with a collection of information (People’s Republic of)’’.
criteria to be eligible VEUs must,
subject to the requirements of the PRA, according to the VEU program, have Dated: November 23, 2016.
unless that collection of information their VEU status revoked. Here, Kevin J. Wolf,
displays a currently valid OMB Control however, SMIC requested removal from Assistant Secretary for Export
Number. the VEU program. Consequently, BIS is Administration.
3. This rule does not contain policies removing SMIC from the list of VEUs. [FR Doc. 2016–29057 Filed 12–2–16; 8:45 am]
with Federalism implications as that Public comment on whether to make the BILLING CODE 3510–33–P
term is defined under Executive Order removal is unnecessary.
13132. Section 553(d) of the APA generally
4. Pursuant to the Administrative provides that rules may not take effect DEPARTMENT OF STATE
Procedure Act (APA), 5 U.S.C. earlier than thirty (30) days after they
553(b)(B), BIS finds good cause to waive are published in the Federal Register. 22 CFR Parts 120, 121, 122, 124, 126
requirements that this rule be subject to However, BIS finds good cause to waive and 127
notice and the opportunity for public the 30-day delay in effectiveness for this
comment because they are unnecessary. [Public Notice: 9757]
rule pursuant to 5 U.S.C. 553(d)(3)
In determining whether to grant or because the delay would be contrary to RIN 1400–AE05
remove VEU designations, a committee the public interest. BIS is simply
of U.S. Government agencies evaluates removing SMIC as a VEU. In this rule, Amendment to the International Traffic
information about and commitments BIS amends the EAR consistent with in Arms Regulations: Corrections and
made by candidate companies, the established objectives and parameters Clarifications
nature and terms of which are set forth administered and enforced by the
in 15 CFR part 748, Supplement Nos. 8 AGENCY:Department of State.
responsible designated departmental
and 9. The criteria for evaluation by the Final rule; request for
ACTION:
representatives to the End-User Review
committee are set forth in 15 CFR comments.
Committee. Delaying this action’s
748.15(a)(2) and the authority to remove effectiveness would likely cause SUMMARY: The Department of State is
VEU designations is contained in 15 confusion regarding which items are amending the International Traffic in
CFR 748.15(a)(3). The information, authorized by the U.S. government, and Arms Regulations (ITAR) to clarify
commitments, and criteria for this in turn stifle the purpose of the VEU
extensive review were all established recent revisions made pursuant to the
program. Accordingly, it would be President’s Export Control Reform (ECR)
through the notice of proposed contrary to the public interest to delay
rulemaking and public comment initiative. This rule clarifies the scope of
this rule’s effectiveness. disclosure of information submitted to
process (71 FR 38313 (July 6, 2006) No other law requires that a notice of
(proposed rule), and 72 FR 33646 (June the Directorate of Defense Trade
proposed rulemaking and an Controls (DDTC), clarifies the policies
19, 2007) (final rule)). In publishing this opportunity for public comment be
final rule, BIS removes a VEU from the and procedures regarding statutory
given for this final rule. Because a debarments, and corrects administrative
list of VEUs in the PRC, at the request notice of proposed rulemaking and an
of the VEU, similar to past requests by and typographical errors.
opportunity for public comment are not DATES: This Final rule is effective on
other VEUs, approved by the End-User required under the APA or by any other
Review Committee. This change has December 5, 2016. The Department will
law, the analytical requirements of the accept comments on the Final
been made within the established Regulatory Flexibility Act (5 U.S.C.
regulatory framework of the VEU regulation up to January 4, 2017.
601et seq.) are not applicable. As a
program. Further, this rule does not ADDRESSES: Interested parties may
result, no final regulatory flexibility
abridge the rights of the public or submit comments within 30 days of the
analysis is required and none has been
eliminate the public’s option to export date of publication by one of the
prepared.
under any of the forms of authorization following methods:
set forth in the EAR. List of Subjects in 15 CFR Part 748 • Email:
Publication of this rule in other than Administrative practice and DDTCResponseTeam@state.gov with the
final form is unnecessary because the procedure, Exports, Reporting and subject line, ‘‘ITAR Corrections and
procedure for revocation of a VEU or recordkeeping requirements. Clarifications.’’
facility from the Authorized VEU list is • Internet: You may view this Final
similar to the license revocation Accordingly, part 748 of the EAR (15
rule and submit your comments by
procedure, which does not undergo CFR parts 730–774) is amended as
visiting the Regulations.gov Web site at
public review. During the VEU follows:
www.regulations.gov, and searching for
revocation procedure, the U.S. PART 748—[AMENDED] docket number DOS–2016–0070.
Government analyzes confidential Comments received after that date
sradovich on DSK3GMQ082PROD with RULES
business information according to set ■ 1. The authority citation for part 748 will be considered if feasible, but
criteria to determine whether a given continues to read as follows: consideration cannot be assured. All
authorized VEU entity remains eligible Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
comments (including any personally
for VEU status. Revocation may be the 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, identifying information or information
result of a material change in 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, for which a claim of confidentiality is
circumstance at the VEU or the VEU’s 3 CFR, 2001 Comp., p. 783; Notice of August asserted in those comments or their
authorized facility. Such changes may 4, 2016, 81 FR 52587 (August 8, 2016). transmittal emails) will be made
VerDate Sep<11>2014 15:57 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\05DER1.SGM 05DER1](https://thefederalregister.org/doc/81_FR_87660/page/1.svg)
![87430 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Rules and Regulations
(c) * * * Control Act (22 U.S.C. 2778(e)) to this subchapter. The procedures of
(5) * * * provides, by reference to section 12(c) of part 128 of this subchapter are not
(v) Gas turbine engine hot sections the Export Administration Act (50 applicable in such cases.
covered by Category XIX(f); U.S.C. 2411), that information obtained * * * * *
* * * * * for the purpose of consideration of, or ■ 15. Section 127.11(c) is revised to read
■ 9. Section 124.12 is amended by concerning, license applications shall be as follows:
revising paragraph (a)(9) to read as withheld from public disclosure unless
follows: the release of such information is § 127.11 Past violations.
determined by the Secretary to be in the * * * * *
§ 124.12 Required information in letters of national interest. Section 38(e) of the
transmittal.
(c) Debarred persons. Persons
Arms Control Export Act further debarred pursuant to § 127.7(b)
(a) * * * provides that, the names of countries (statutory debarment) may not utilize
(9) For agreements that may require and types and quantities of defense the procedures provided by paragraph
the export of classified information, the articles for which licenses are issued
Defense Security Service cognizant (b) of this section while the statutory
under this section shall not be withheld debarment is in force. Such persons may
security offices that have responsibility from public disclosure unless certain
for the facilities of the U.S. parties to the utilize only the procedures provided by
determinations are made that the release § 127.7(d).
agreement shall be identified. The of such information would be contrary
facility security clearance codes of the to the national interest. Such Dated: November 18, 2016.
U.S. parties shall also be provided. determinations required by section 38(e) Tom Countryman,
* * * * * shall be made by the Assistant Secretary Acting Under Secretary, Arms Control and
of State for Political-Military Affairs. International Security, Department of State.
PART 126—GENERAL POLICIES AND [FR Doc. 2016–28406 Filed 12–2–16; 8:45 am]
* * * * *
PROVISIONS BILLING CODE 4710–25–P
PART 127—VIOLATIONS AND
■ 10. The authority citation for part 126
PENALTIES
continues to read as follows:
DEPARTMENT OF HOUSING AND
Authority: Secs. 2, 38, 40, 42, and 71, Pub. ■ 13. The authority citation for part 127 URBAN DEVELOPMENT
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, continues to read as follows:
2780, 2791, and 2797); 22 U.S.C. 2651a; 22 24 CFR Parts 965 and 966
U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, Authority: Sections 2, 38, and 42, Pub. L.
1994 Comp., p. 899; Sec. 1225, Pub. L. 108– 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
[Docket No. FR 5597–F–03]
375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 2791); 22 U.S.C. 401; 22 U.S.C. 2651a; 22
266; Sections 7045 and 7046, Pub. L. 112–74; U.S.C. 2779a; 22 U.S.C. 2780; E.O. 13637, 78 RIN 2577–AC97
E.O. 13637, 78 FR 16129. FR 16129; Pub. L. 114–74, 129 Stat. 584.
■ 11. Section 126.9 is amended by ■ 14. Section 127.7 is amended by Instituting Smoke-Free Public Housing
revising paragraph (a) to read as follows: revising paragraph (b) to read as follows: AGENCY: Office of the Assistant
§ 126.9 Advisory opinions and related § 127.7 Debarment. Secretary for Public and Indian
authorizations. * * * * * Housing, HUD.
(a) Preliminary authorization (b) Statutory debarment. It is the ACTION: Final rule.
determinations. A person may request policy of the Department of State not to
consider applications for licenses or SUMMARY: This rule requires each public
information from the Directorate of
requests for approvals involving any housing agency (PHA) administering
Defense Trade Controls as to whether it
person who has been convicted of public housing to implement a smoke-
would likely grant a license or other
violating the Arms Export Control Act free policy. Specifically, no later than 18
approval for a particular defense article
or convicted of conspiracy to violate months from the effective date of the
or defense service to a particular
that Act for a three year period rule, each PHA must implement a
country. Such information from the
following conviction and to prohibit ‘‘smoke-free’’ policy banning the use of
Directorate of Defense Trade Controls is
issued on a case-by-case basis and that person from participating directly prohibited tobacco products in all
applies only to the particular matters or indirectly in any activities that are public housing living units, indoor
presented to the Directorate of Defense subject to this subchapter. Such common areas in public housing, and in
Trade Controls. These opinions are not individuals shall be notified in writing PHA administrative office buildings.
binding on the Department of State and that they are statutorily debarred The smoke-free policy must also extend
may not be used in future matters before pursuant to this policy. A list of persons to all outdoor areas up to 25 feet from
the Department. A request for an who have been convicted of such the public housing and administrative
advisory opinion must be made in offenses and debarred for this reason office buildings. This rule improves
writing and must outline in detail the shall be published periodically in the indoor air quality in the housing;
equipment, its usage, the security Federal Register. Statutory debarment benefits the health of public housing
classification (if any) of the articles or in such cases is based solely upon the residents, visitors, and PHA staff;
related technical data, and the country outcome of a criminal proceeding, reduces the risk of catastrophic fires;
or countries involved. conducted by a court of the United and lowers overall maintenance costs.
States, which established guilt beyond a DATES: Effective date February 3, 2017.
* * * * *
sradovich on DSK3GMQ082PROD with RULES
■ 12. Section 126.10 is amended by reasonable doubt in accordance with FOR FURTHER INFORMATION CONTACT:
revising paragraph (b) to read as follows: due process. Reinstatement is not Leroy Ferguson, Office of Public and
automatic, and in all cases the debarred Indian Housing, Department of Housing
§ 126.10 Disclosure of information. person must submit a request for and Urban Development, 451 7th Street
* * * * * reinstatement to the Department of State SW., Washington, DC 20410–0500;
(b) Determinations required by law. and be approved for reinstatement telephone number 202–402–2411 (this
Section 38(e) of the Arms Export before engaging in any activities subject is not a toll-free number). Persons who
VerDate Sep<11>2014 15:57 Dec 02, 2016 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\05DER1.SGM 05DER1](https://thefederalregister.org/doc/81_FR_87660/page/4.svg)
Document Created: 2016-12-03 00:26:19
Document Modified: 2016-12-03 00:26:19
| 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; request for comments. | |
| Dates | This Final rule is effective on December 5, 2016. The Department will accept comments on the Final regulation up to January 4, 2017. | |
| 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, Corrections and Clarifications. | |
| FR Citation | 81 FR 87427 | |
| RIN Number | 1400-AE05 | |
| CFR Citation | 22
CFR
120 22 CFR 121 22 CFR 122 22 CFR 124 22 CFR 126 22 CFR 127 | |
| CFR Associated | Arms and Munitions; Classified Information; Exports; Technical Assistance; Crime; Law; Penalties and Seizures and Forfeitures |
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