[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Rules and Regulations]
[Pages 12201-12202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4855]
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DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice 7810]
RIN 1400-AD08
Amendment to the International Traffic in Arms Regulations: Haiti
AGENCY: Department of State.
ACTION: Final rule.
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SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations to clarify that the Coast Guard of Haiti is an
eligible end-user. This change makes it clear that the existing
exceptions allow for exports to the Coast Guard of Haiti.
DATES: Effective Date: This rule is effective February 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Candace M. J. Goforth, Acting
Director, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone (202) 663-2792, or email [email protected].
ATTN: Regulatory Change, Part 126, Haiti.
[[Page 12202]]
SUPPLEMENTARY INFORMATION: This rule implements section 7045(c) of
Public Law 112-74 by amending ITAR Sec. 126.1(j) to clarify that U.S.
policy on arms exports to the Government of Haiti includes the Coast
Guard as an eligible end-user. Therefore, ``to include the Coast
Guard'' is added to Sec. 126.1(j)(1). In addition, in paragraph
(j)(2), the word ``exemptions'' is replaced with ``exceptions,'' as it
more accurately describes the listing in paragraph (j)(1).
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 Sec. 553 (Rulemaking) and Sec. 554
(Adjudications) of the Administrative Procedure Act. 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 of State that the provisions of
Sec. 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 towards the Government
of Haiti, notice and public procedure on this rule would be
impracticable, unnecessary, or contrary to the public interest; for the
same reason, the rule will be effective immediately. See 5 U.S.C.
808(2).
Regulatory Flexibility Act
Since this amendment is not subject to 5 U.S.C. 553, it does not
require analysis under the Regulatory Flexibility Act.
Unfunded Mandates 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.
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 12988
The Department of State has reviewed the 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.
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 13175
The Department has 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, Executive Order 13175 does 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.
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, part 126 is amended as follows:
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for part 126 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; Sec. 7045, Pub. L. 112-74.
0
2. Section 126.1 is amended by revising paragraphs (j)(1)(i) and (j)(2)
to read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(j) Haiti. (1) * * *
(i) Defense articles and defense services intended solely for the
support of or use by security units that operate under the command of
the Government of Haiti, to include the Coast Guard;
* * * * *
(2) All shipments of arms and related materials consistent with the
above exceptions shall only be made to Haitian security units as
designated by the Government of Haiti, in coordination with the U.S.
Government.
* * * * *
Dated: February 21, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security,
Department of State.
[FR Doc. 2012-4855 Filed 2-28-12; 8:45 am]
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