[Federal Register Volume 80, Number 103 (Friday, May 29, 2015)]
[Rules and Regulations]
[Pages 30614-30615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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.
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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