[Federal Register Volume 79, Number 149 (Monday, August 4, 2014)]
[Rules and Regulations]
[Pages 45089-45090]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-18331]



22 CFR Part 126

[Public Notice 8810]
RIN 1400-AD62

Amendment to the International Traffic in Arms Regulations: 
Central African Republic and UNSCR 2149

AGENCY: Department of State.

ACTION: Final rule.


[[Page 45090]]

SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to update the defense trade policy regarding 
the Central African Republic to reflect the most recent resolution 
adopted by the United Nations Security Council.

DATES: Effective Date: This rule is effective August 4, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, U.S. Department of State, 
telephone (202) 663-2792, or email DDTCResponseTeam@state.gov. ATTN: 
Regulatory Change, Central African Republic.

SUPPLEMENTARY INFORMATION: On April 10, 2014, the United Nations 
Security Council (UNSC) adopted resolution 2149, which called for the 
UN Integrated Peacebuilding Office in the Central African Republic 
(BINUCA) to be subsumed into the UN Multidimensional Integrated 
Stabilization Mission in the Central African Republic (MINUSCA). The 
Department of State is amending ITAR Sec.  126.1(u) to implement this 

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. 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 towards the Central 
African Republic, there is good cause for the effective date of this 
rule to be the date of publication, as provided by 5 U.S.C. 553(d)(3).

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

    The Department does not believe this rulemaking is 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 the benefits of this rulemaking outweigh 
any cost to the public, which the Department believes will be minimal. 
This rule has not been designated a ``significant regulatory action'' 
under section 3(f) of 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 

List of Subjects in 22 CFR Part 126

    Arms and munitions, Exports.

    For the reasons set forth above, Title 22, Chapter I, Subchapter M, 
part 126 is amended as follows:


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 

2. Section 126.1 is amended by revising paragraph (u)(1) to read as 

Sec.  126.1  Prohibited exports, imports, and sales to or from certain 

* * * * *
    (u) * * *
    (1) Defense articles intended solely for the support of or use by 
the International Support Mission to the Central African Republic 
(MISCA); the UN Multidimensional Integrated Stabilization Mission in 
the Central African Republic (MINUSCA); the African Union Regional Task 
Force (AU-RTF); and the French forces and European Union operation 
deployed in the Central African Republic;
* * * * *

Rose E. Gottemoeller,
Under Secretary, Arms Control and International Security, Department of 
[FR Doc. 2014-18331 Filed 8-1-14; 8:45 am]