Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules 16353 

Dated: March 16, 2011. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2011–6621 Filed 3–22–11; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF STATE 

22 CFR Part 123 

[Public Notice: 7384] 

RIN 1400–AC71 

International Traffic in Arms 

Regulations: Exemption for Temporary 

Export of Chemical Agent Protective 

Gear 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State is 

proposing to amend the International 

Traffic in Arms Regulations (ITAR) to 

add an exemption for the temporary 

export of chemical agent protective gear 

for exclusive personal use to 

destinations not subject to restrictions 

and to Afghanistan and Iraq under 

specified conditions. Additionally, an 

exemption for firearms and ammunition 

is clarified by removing certain 

extraneous language that does not 

change the meaning of the exemption. 

DATES: The Department of State will 

accept comments on this proposed rule 

until May 23, 2011. 

ADDRESSES: Interested parties may 

submit comments within 60 days of the 

date of the publication by any of the 

following methods: 

• E-mail: 

DDTCResponseTeam@state.gov, with 

the subject line, ‘‘Regulatory Change— 

Section 123.17.’’ 

• Mail: Department of State, 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls Policy, 

ATTN: Regulatory Change—Section 

123.17, SA–1, 12th Floor, Washington, 

DC 20522–0112. 

• Internet: View this notice by going 

to the regulations.gov Web site at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Memos, Office of Defense 

Trade Controls Policy, Department of 

State, Telephone (202) 663–2804, or Fax 

(202) 261–8199; e-mail 

memosni@state.gov. ATTN: Regulatory 

Change, Sec. 123.17. 

SUPPLEMENTARY INFORMATION: U.S. 

individuals are traveling to hazardous 

areas in foreign countries where they 

need to wear body armor or chemical 

agent protective gear for personal safety. 

In August 2009, the ITAR was amended 

to provide an exemption for the 

temporary export of body armor covered 

by 22 CFR 121.1, Category X(a)(1). Now, 

the Department of State is proposing to 

amend the ITAR at §§ 123.17(f) and (g) 

to add an exemption for the temporary 

export of chemical agent protective gear 

covered by 22 CFR 121.1, Category 

XIV(f)(4). The proposed exemption will 

be available for temporary exports to 

countries not subject to restrictions 

under ITAR § 126.1 and to Afghanistan 

and Iraq under specified conditions. In 

order to use the exemption, the 

chemical agent protective gear must be 

for the individual’s exclusive use and 

must be returned to the United States. 

The individual may not re-export the 

protective gear to a foreign person or 

otherwise transfer ownership. The 

protective gear may not be exported to 

any country where the importation 

would be in violation of that country’s 

laws. 

In the event the chemical agent 

protective gear is lost, stolen or 

otherwise not returned to the United 

States with the individual that 

temporarily exported the gear, a detailed 

report about the incident must be 

submitted to the Office of Defense Trade 

Controls Compliance. If the chemical 

agent protective gear is lost, the report 

should describe all attempts to locate 

the gear and explain the circumstances 

leading to its loss. In the event the 

chemical agent protective gear is used 

and disposed according to HAZMAT 

guidelines, the report should provide a 

disposal date and location details for the 

approved HAZMAT facility used, along 

with a receipt for disposal services. If a 

HAZMAT facility is not available, the 

report should describe the date, location 

and method used to dispose of the 

protective gear. 

The proposed change removes at 

(g)(2) the requirement that assistance to 

the government of Iraq be 

‘‘humanitarian’’ to more accurately 

match the language of United Nations 

Security Council restrictions, which do 

not limit assistance to humanitarian 

assistance. 

Section (c)(3) is to be revised to 

remove what is in practice extraneous 

language. Subject to the requirements of 

(c)(1)–(3), the exemption applies to all 

eligible individuals (with the noted 

exceptions). Thus, while the text is 

revised, the meaning of (c)(3) is not 

changed. 

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 section 553 (Rulemaking) and 

section 554 (Adjudications) of the 

Administrative Procedure Act. Although 

the Department is of the opinion that 

this rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 60-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. 

Regulatory Flexibility Act 

Since this proposed amendment is not 

subject to the notice and comment 

procedures of 5 U.S.C. 553, it does not 

require analysis under the Regulatory 

Flexibility Act. 


jlentini on DSKJ8SOYB1PROD with PROPOSALSEP23MR11.001</GPH>
16354 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules 

Unfunded Mandates Reform Act of 1995 

This proposed 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 proposed 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 proposed 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 proposed 

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 proposed 

amendment. 

Executive Order 12866 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review. 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. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 129888 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This proposed 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 123 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 123 is proposed to be amended 

as follows: 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

1. The authority citation for part 123 

will continue 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. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p.79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec. 1205(a), Pub. L. 107–228. 

2. Section 123.17 is to be amended to 

revise the heading, paragraphs (c)(3), (f), 

(g) introductory text, (g)(2), and to add 

paragraph (g)(3), to read as follows: 

§ 123.17 Exports of firearms, ammunition, 

and protective gear. 

* * * * * 

(c) * * * 

(3) They must be for that person’s 

exclusive use and not for reexport or 

other transfer of ownership. The 

individual must declare the firearm(s) to 

a U.S. Customs and Border Protection 

officer upon each departure from the 

United States, present the Internal 

Transaction Number (ITN) from 

submission of the Electronic Export 

Information in the Automated Export 

System per § 123.22(b), and declare that 

it is his or her intention to return the 

article(s) on each return to the United 

States. The foregoing exemption is not 

applicable to the personnel referred to 

in § 123.18. 

* * * * * 

(f) Except as provided in § 126.1 of 

this subchapter, Port Directors of U.S. 

Customs and Border Protection (CBP) 

shall permit U.S. persons to export 

temporarily from the United States 

without a license one set of body armor 

covered by Category X(a)(1) and one set 

of chemical agent protective gear 

covered by Category XIV(f)(4) of this 

subchapter provided that: 

(1) A declaration by the U.S. person 

via the Automated Export System (AES) 

and an inspection by a U.S. CBP officer 

are made, per § 123.22(b); 

(2) The body armor or chemical agent 

protective gear to be exported is with 

the U.S. person’s baggage or effects, 

whether accompanied or 

unaccompanied (but not mailed); 

(3) The body armor or chemical agent 

protective gear to be exported is for that 

person’s exclusive use and not for 

reexport or other transfer of ownership. 

The individual must declare the body 

armor or chemical agent protective gear 

to be exported to a U.S. CBP officer via 

the AES upon each departure from the 

United States and declare that it is his 

or her intention to return the article(s) 

on each return to the United States; and 

(4) If the body armor or chemical 

agent protective gear exported under 

this exemption are lost or otherwise not 

returned to the United States, a detailed 

report must be submitted to the Office 

of Defense Trade Controls Compliance 

in accordance with the requirements of 

§ 127.12(c)(2). 

(g) The license exemption set forth in 

paragraph (f) of this section is also 

available for the temporary export of 

body armor and/or chemical agent 

protective gear for personal use to 

Afghanistan and to Iraq provided that: 

(1) * * * 

(2) For temporary exports to Iraq the 

U.S. person utilizing the license 

exemption is either a person affiliated 

with the U.S. Government traveling on 

official business or is a person not 

affiliated with the U.S. Government but 

traveling to Iraq under a direct 

authorization by the Government of Iraq 

and engaging in activities for, on behalf 

of, or at the request of the Government 

of Iraq. 

(3) The exporter claiming this license 

exemption shall present to a U.S. 

Customs and Border Protection officer 

prior to each export a copy of the direct 

authorization from the Government of 

Iraq, including an English translation, or 

a copy of the documentation showing 

that the travel is on official business for 

the U.S. government, along with the 

Internal Transaction Number (ITN) for 

the AES submission. 

Dated: March 14, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–6850 Filed 3–22–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 17 and 51 

RIN 2900–AN63 

Per Diem Payments for the Care 

Provided to Eligible Veterans 

Evacuated From a State Home as a 

Result of an Emergency 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations concerning per diem 

payments to States to permit 


jlentini on DSKJ8SOYB1PROD with PROPOSALS