Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29565 

PART 11—ANNUAL CHARGES UNDER 

PART I OF THE FEDERAL POWER ACT 

■ 1. The authority citation for Part 11 

continues to read as follows: 

Authority: 16 U.S.C. 792–828c; 42 U.S.C. 

7101–7352. 

■ 2. Revise § 11.1(c)(5) to read as 

follows: 

§ 11.1 Costs of administration. 

* * * * * 

(c) * * * 

(5) For unconstructed projects, the 

assessments start two years after the 

effective date of the license or 

exemption. For constructed projects, the 

assessments start on the effective date of 

the license or exemption, except for any 

new capacity authorized therein. The 

assessments for new authorized capacity 

start two years after the effective date of 

the license, exemption, or amendment, 

authorizing such new capacity. In the 

event that assessment commences 

during a fiscal year, the charges will be 

prorated based on the date of 

commencement. 

* * * * * 

[FR Doc. 2015–12432 Filed 5–21–15; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Parts 120, 123, 124, 125, and 

126 

RIN 1400–AC88 

[Public Notice 9139] 

Amendment to the International Traffic 

in Arms Regulations: Exports and 

Temporary Imports Made to or on 

Behalf of a Department or Agency of 

the U.S. Government; Procedures for 

Obtaining State Department 

Authorization To Export Items Subject 

to the Export Administration 

Regulations; Revision to the 

Destination Control Statement; and 

Other Changes 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform (ECR) effort, the 

Department of State is proposing to 

amend the International Traffic in Arms 

Regulations (ITAR) to: clarify 

regulations pertaining to the export of 

items subject to the Export 

Administration Regulations (EAR); 

revise the licensing exemption for 

exports made to or on behalf of an 

agency of the U.S. government; revise 

the destination control statement in 

ITAR § 123.9 to harmonize the language 

with the EAR; and make several minor 

edits for clarity. The proposed revisions 

contained in this rule are part of the 

Department of State’s retrospective plan 

under E.O. 13563. 

DATES: The Department of State will 

accept comments on this proposed rule 

until July 6, 2015. 

ADDRESSES: Interested parties may 

submit comments by one of the 

following methods: 

• Email: DDTCPublicComments@

state.gov with the subject line, ‘‘ITAR 

Amendment—To or on behalf of’’; 

• Internet: At www.regulations.gov, 

search for this proposed rule by using 

this proposed rule’s RIN (1400–AC88). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

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 

DDTCPublicComments@state.gov. 

ATTN: ITAR Amendment—To or on 

behalf of. The Department of State’s full 

retrospective plan can be accessed at 

http://www.state.gov/documents/

organization/181028.pdf. 

SUPPLEMENTARY INFORMATION: The 

Department proposes to make the 

following revisions in this rule: 

Items subject to the EAR: This 

proposed rule adds clarifying language 

to various provisions of the ITAR 

pertaining to the export of items subject 

to the EAR pursuant to a Department of 

State authorization, when such exports 

are made in conjunction with items 

subject to the ITAR. These revisions 

include guidance on the use of licensing 

exemptions for export of such items, as 

well as clarification that items subject to 

the EAR are not considered defense 

articles, even when exported under a 

license or other approval (to include 

exemptions, see § 120.20) issued by the 

Department of State. 

Items exported to or on behalf of an 

agency of the U.S. government: This 

proposed rule revises the licensing 

exemption language in ITAR § 126.4 to 

clarify when exports may be made to or 

on behalf of an agency of the U.S. 

government without a license. 

Additionally, the scope of this 

exemption is expanded in that it will 

allow for permanent exports, rather than 

only temporary exports. The 

Department seeks comments from the 

public on whether the proposed 

revision adequately eliminates 

ambiguity as to when the exemption 

may be applied, and whether it creates 

any unintended compliance burden. 

Revision to the Destination Control 

Statement: This proposed rule revises 

the destination control statement in 

ITAR § 123.9 to harmonize its language 

with the EAR. This change is being 

made to facilitate the President’s Export 

Control Reform initiative, which has 

transferred thousands of formerly ITARcontrolled defense article parts and 

components, along with other items, to 

the Commerce Control List in the EAR 

under the jurisdiction of the Department 

of Commerce. 

This change in jurisdiction for many 

parts and components, along with other 

items, for military systems has increased 

the incidence of exporters shipping 

articles subject to both the ITAR and the 

EAR in the same shipment. Both 

regulations have a mandatory 

destination control statement that must 

be on the export control documents for 

shipments that include items subject to 

both sets of regulations. This has caused 

confusion to exporters as to which 

statement to include on mixed 

shipments, or whether to include both. 

Harmonizing these statements will ease 

the regulatory burden on exporters. 

Procedures for Obtaining State 

Department Authorization to Export 

Items Subject to the EAR: This proposed 

rule revises the ITAR in a number of 

places to clarify how parties may obtain 

authorization from the Department to 

export or retransfer items subject to the 

EAR. Section 120.5 is revised to clarify 

that items subject to the EAR may be 

authorized pursuant to an exemption 

with certain conditions. A new 

paragraph (d) is added to ITAR § 123.9 

to clarify the requirements for 

retransferring items subject to the EAR 

pursuant to a letter of General 

Correspondence. Section 124.16 is 

revised to clarify that the special 

retransfer authorization of this section 

may be used for items subject to the 

EAR with certain conditions. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
29566 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 

Other changes in this rule: The 

Department proposes to make a number 

of minor edits to the ITAR that will 

address erroneous or outdated reporting 

requirements. This rule would remove 

the requirement to provide seven paper 

copies for various export license 

requests in §§ 124.7, 124.12, 124.14, 

125.2, 125.7 and 126.9, which has not 

been necessary for many years due to 

the use of electronic license 

submissions, change the identification 

of the agency responsible for permanent 

import authorizations in § 123.4 from 

the Department of the Treasury to 

Department of Justice, and impose the 

Code of Federal Regulations paragraph 

structure on § 124.8. Additionally, the 

Department proposes removing the pilot 

filing requirement found in § 123.13, 

given that it does not take into account 

the practices of modern airport 

operations and is no longer necessary. 

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 §§ 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 publishing this rule with a 45-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 the Department of State is of the 

opinion that this proposed 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 proposed 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 as defined in 

5 U.S.C. 804. 

Executive Orders 12372 and 13132 

This proposed 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 proposed 

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 proposed 

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. These rules have been 

designated ‘‘significant regulatory 

actions,’’ although not economically 

significant, under Executive Order 

12866. Accordingly, this proposed rule 

has been reviewed by the Office of 

Management and Budget (OMB). 

Executive Order 12988 

The Department of State has reviewed 

this proposed 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 has 

determined that this proposed 

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 

provisions of Executive Order 13175 do 

not apply to this proposed 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. This rule removes 

provisions that previously required the 

applicant to provide seven additional 

copies for various export license 

requests. The Department believes that 

there will be little or no practical 

burden reduction since the use of 

electronic methods of filing has made 

the requirement for ‘‘seven copies’’ 

obsolete. 

The following information collections 

are affected by this rulemaking: 

1. Application/License for Permanent 

Export of Unclassified Defense Articles 

and Related Unclassified Technical 

Data, OMB Control No. 1405–0003; 

2. Application/License for Temporary 

Import of Unclassified Defense Articles, 

OMB Control No. 1405–0013; 

3. Application/License for the 

Permanent/Temporary Export or 

Temporary Import of Classified Defense 

Articles and Classified Technical Data, 

OMB Control No. 1405–0022; 

4. Application/License for Temporary 

Export of Unclassified Defense Articles, 

OMB Control No. 1405–0023; 

5. Application for Amendment to 

License for Export or Import of 

Classified or Unclassified Defense 

Articles and Related Technical Data 

OMB Control No. 1405–0092; 

6. Request for Approval of 

Manufacturing License Agreements, 

Technical Assistance Agreements, and 

Other Agreements, OMB Control No. 

1405–0093; 

7. Request to Change End User, End 

Use and/or Destination of Hardware, 

OMB Control No. 1405–00173; and 

8. Request for Advisory Opinion, 

OMB Control No. 1405–0174. 

The Department is requesting public 

comment on its estimate that there will 

be little or no change in the burdens 

associated with these information 

collections as a result of this 

rulemaking. 

Date: Comments will be accepted 

until July 21, 2015. 

Addresses: Interested parties may 

submit comments within 60 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCPublicComments@

state.gov, with the subject line ‘‘AC88 

PRA Burden Reduction’’; 

• Internet: At www.regulations.gov; 

please search for this proposed rule by 

using this proposed rule’s RIN (1400– 

AC88) and indicate that you are 

commenting on the paperwork burden 

change in any (or all) of the eight 

information collections identified 

above. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29567 

List of Subjects 

22 CFR Parts 120 and 125 

Arms and munitions, Classified 

information, Exports. 

22 CFR Part 123 

Arms and munitions, Exports, 

Reporting and recordkeeping 

requirements. 

22 CFR Part 124 

Arms and munitions, Exports, 

Technical assistance. 

22 CFR Part 126 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 120, 123, 124, 125, and 126 are 

proposed to be amended as follows: 

PART 120—PURPOSE AND 

DEFINITIONS 

■ 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. 

■ 2. Section 120.5 is amended by 

revising the section heading and 

paragraph (b) to read as follows: 

§ 120.5 Relation to regulations of other 

agencies; export of items subject to the 

EAR. 

* * * * * 

(b) A license or other approval (see 

§ 120.20) from the Department of State 

granted in accordance with this 

subchapter may also authorize the 

export of items subject to the EAR (see 

§ 120.42). Items subject to the EAR may 

be exported pursuant to an exemption 

(see parts 124, 125, and 126 of this 

subchapter), provided the items subject 

to the EAR are for use in or with defense 

articles authorized under a license or 

other approval. Separate approval from 

the Department of Commerce is not 

required for these items when approved 

for export under a Department of State 

license or other approval. Those items 

subject to the EAR exported pursuant to 

a Department of State license or other 

approval would remain under the 

jurisdiction of the Department of 

Commerce for any subsequent 

transactions. The inclusion of items 

subject to the EAR on a Department of 

State license or other approval does not 

change the licensing jurisdiction of the 

items. (See § 123.1(b) of this subchapter 

for guidance on identifying items 

subject to the EAR in a license 

application to the Department of State.) 

PART 123—LICENSES FOR THE 

EXPORT AND TEMPORARY IMPORT 

OF DEFENSE ARTICLES 

■ 3. The authority citation for part 123 

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. 2753; 22 U.S.C. 2651a; 22 

U.S.C. 2776; Pub. L. 105–261, 112 Stat. 1920; 

Sec. 1205(a), Pub. L. 107–228; Section 1261, 

Pub. L. 112–239; E.O. 13637, 78 FR 16129. 

■ 4. Section 123.4 is amended by 

revising paragraph (a)(4) to read as 

follows: 

§ 123.4 Temporary import license 

exemptions. 

(a) * * * 

(4) Has been rejected for permanent 

import by the Department of Justice and 

is being returned to the country from 

which it was shipped; or 

* * * * * 

■ 5. Section 123.9 is amended by 

revising paragraphs (b)(1) and (2), and 

adding paragraph (d) to read as follows: 

§ 123.9 Country of ultimate destination 

and approval of reexports or retransfers. 

* * * * * 

(b) * * * 

(1) The exporter must incorporate the 

following information as an integral part 

of the bill of lading, air waybill, or other 

shipping document, and the purchase 

documentation or invoice whenever 

defense articles are to be exported, 

retransferred, or reexported pursuant to 

a license or other approval under this 

subchapter: 

(i) The country of ultimate 

destination; 

(ii) The end-user; 

(iii) The license or other approval 

number or exemption citation; and 

(iv) The following statement: ‘‘These 

items are controlled and authorized by 

the U.S. government for export only to 

the country of ultimate destination for 

use by the end-user herein identified. 

They may not be resold, transferred, or 

otherwise be disposed of, to any other 

country or to any person other than the 

authorized end-user or consignee(s), 

either in their original form or after 

being incorporated into other items, 

without first obtaining approval from 

the U.S. government or as otherwise 

authorized by U.S. law and 

regulations.’’ 

(2) When exporting items subject to 

the EAR (see §§ 120.42 and 123.1(b) of 

this subchapter) pursuant to a 

Department of State license or other 

approval, the U.S. exporter must also 

provide the end-user and consignees 

with the appropriate EAR classification 

information for each item exported 

pursuant to a U.S. Munitions List ‘‘(x)’’ 

paragraph. This includes the Export 

Control Classification Number (ECCN) 

or EAR99 designation. 

* * * * * 

(d) The Directorate of Defense Trade 

Controls may authorize reexport or 

retransfer of an item subject to the EAR 

provided that: 

(1) The item was initially exported, 

reexported or transferred pursuant to a 

Department of State license or other 

approval; 

(2) The item is for end-use in or with 

a defense article; and, 

(3) All requirements of paragraph (c) 

of this section are satisfied for the item 

subject to the EAR, as well as for the 

associated defense article. 

* * * * * 

■ 6. Revise § 123.13 to read as follows: 

§ 123.13 Domestic aircraft shipments via a 

foreign country. 

A license is not required for the 

shipment by air of a defense article from 

one location in the United States to 

another location in the United States via 

a foreign country. 

PART 124—AGREEMENTS, OFF 

SHORE PROCUREMENT, AND OTHER 

DEFENSE SERVICES 

■ 7. The authority citation for part 124 

continues to read as follows: 

Authority: Sec. 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; Pub. 

L. 105–261; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

■ 8. Section 124.7 is amended by 

designating the introductory text as 

paragraph (a), adding and reserving 

paragraph (b), and revising paragraph 

(a)(1) to read as follows: 

§ 124.7 Information required in all 

manufacturing license agreements and 

technical assistance agreements. 

(a) * * * 

(1) The agreement must describe the 

defense article to be manufactured and 

all defense articles to be exported, 

including any test and support 

equipment or advanced materials. They 

should be described by military 

nomenclature, contract number, 

National Stock Number, nameplate data, 

or other specific information. Only 

defense articles listed in the agreement 

will be eligible for export under the 

exemption in § 123.16(b)(1) of this 

subchapter. * * * 

(b) [Reserved] 

■ 9. Section 124.8 is amended by 

designating the introductory text as 

paragraph (a) and adding and reserving 

paragraph (b), as follows: 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
29568 Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 

§ 124.8 Clauses required both in 

manufacturing license agreements and 

technical assistance agreements. 

* * * * * 

(b) [Reserved] 

* * * * * 

■ 10. Section 124.12 is amended by 

revising the introductory text of 

paragraph (a) to read as follows: 

§ 124.12 Required information in letters of 

transmittal. 

(a) An application for the approval of 

a manufacturing license or technical 

assistance agreement with a foreign 

person must be accompanied by an 

explanatory letter. The explanatory 

letter shall contain: 

* * * * * 

■ 11. Section 124.14 is amended by 

revising the introductory text of 

paragraph (e) to read as follows: 

§ 124.14 Exports to warehouses or 

distribution points outside the United 

States. 

* * * * * 

(e) Transmittal letters. Requests for 

approval of warehousing and 

distribution agreements with foreign 

persons must be made by letter. The 

letter shall contain: 

* * * * * 

■ 12. Section 124.16 is revised to read 

as follows: 

§ 124.16 Special retransfer authorizations 

for unclassified defense articles and 

defense services to member states of NATO 

and the European Union, Australia, Japan, 

New Zealand, and Switzerland. 

(a) The provisions of § 124.8(a)(5) 

notwithstanding, the Department may 

approve access to unclassified defense 

articles and items subject to the EAR 

(see § 120.42 of this subchapter) 

exported in furtherance of or produced 

as a result of a TAA/MLA, retransfer of 

technical data and defense services, and 

retransfer of technology subject to the 

EAR and authorized under a TAA/MLA, 

to individuals who are dual national or 

third-country national employees of the 

foreign signatory or its approved sublicensees, provided that: 

(1) The transfer is to dual nationals or 

third-country nationals who are bona 

fide regular employees, directly 

employed by the foreign signatory or 

approved sub-licensees; 

(2) The individuals are exclusively of 

countries that are members of NATO, 

the European Union, Australia, Japan, 

New Zealand, and Switzerland; 

(3) Their employer is a signatory to 

the agreement or has executed a NonDisclosure Agreement; and 

(4) The retransfer takes place 

completely within the physical 

territories of the countries listed in 

paragraph (a)(2) of this section or the 

United States. 

(b) Permanent retransfer of hardware 

is not authorized pursuant to paragraph 

(a) of this section. 

PART 125—LICENSES FOR THE 

EXPORT OF TECHNICAL DATA AND 

CLASSIFIED DEFENSE ARTICLES 

■ 13. The authority citation for part 126 

continues to read as follows: 

Authority: Secs. 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. 

■ 14. Section 125.2 is amended by 

revising paragraph (a) to read as follows: 

§ 125.2 Exports of unclassified technical 

data. 

(a) License. A license (DSP–5) is 

required for the export of unclassified 

technical data unless the export is 

exempt from the licensing requirements 

of this subchapter. In the case of a plant 

visit, details of the proposed discussions 

must be transmitted to the Directorate of 

Defense Trade Controls for an appraisal 

of the technical data. 

* * * * * 

■ 15. Section 125.7 is amended by 

revising paragraph (b) to read as follows: 

§ 125.7 Procedures for the export of 

classified technical data and other 

classified defense articles. 

* * * * * 

(b) An application for the export of 

classified technical data or other 

classified defense articles must be 

accompanied by a completed Form 

DSP–83 (see § 123.10 of this 

subchapter). All classified materials 

accompanying an application must be 

transmitted to the Directorate of Defense 

Trade Controls in accordance with the 

procedures contained in the Department 

of Defense National Industrial Security 

Program Operating Manual (unless such 

requirements are inconsistent with 

guidance provided by the Directorate of 

Defense Trade Controls, in which case 

the latter guidance must be followed). 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 16. 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; Section 7045, Pub. L. 112–74; Section 

7046, Pub. L. 112–74; E.O. 13637, 78 FR 

16129. 

■ 17. Section 126.4 is revised to read as 

follows: 

§ 126.4 Exports and temporary imports 

made to or on behalf of a department or 

agency of the U.S. government. 

(a) A license is not required for the 

export or temporary import of a defense 

article or the performance of a defense 

service, when made: 

(1) To a department or agency of the 

U.S. government for official use. 

Defense articles exported or temporarily 

imported under this provision may only 

be provided to a regular employee or 

contractor support personnel of the U.S. 

government; 

Note 1 to paragraph (a): Contractor 

support personnel means those U.S. persons 

who provide administrative, managerial, 

scientific or technical support under contract 

with a U.S. government department or 

agency within a U.S. government owned or 

operated facility or under the direct 

supervision of a regular U.S. government 

employee (e.g., Federally Funded Research 

and Development Center or Systems 

Engineering and Technical Assistance 

contractors). For purposes of this section, 

private security contractors are not 

considered contractor support personnel, and 

‘‘direct supervision’’ refers to the control over 

the manner and means in which contractor 

support personnel conduct their day-to-day 

work activities as well as control over the 

contractor’s access to defense articles 

authorized under this paragraph. 

Note 2 to paragraph (a): Any retransfer, 

reexport, disposal, or change in end-user of 

a defense article exported pursuant to this 

section must be performed in accordance 

with § 123.9 of this subchapter. 

(2)(i) By, or on behalf of, a department 

or agency of the U.S. government for 

carrying out any foreign assistance, 

cooperative project, or sales program 

authorized by law and subject to control 

by the President by other means, 

provided: 

(A) Items subject to the EAR and 

controlled for missile technology (MT) 

reasons (see § 742.5 of the EAR (15 CFR 

742.5) are not authorized for export 

under this subsection; and 

(B) The United States government 

performs or directs all aspects of the 

transaction (export, carriage, and 

delivery abroad) or the export is covered 

by a U.S. government Bill of Lading. 

(ii) This section does not authorize a 

U.S. government agency to act as a 

transmittal agent on behalf of a private 

individual or firm, either as a 

convenience or in satisfaction of 

security requirements. 

Note to paragraph (a)(2): Approval of a 

foreign assistance, cooperative project, or 

sales program authorizing a U.S. government 

department and agency to permanently 

export a defense article described on the 

Missile Technology Control Regime Annex 

should be reviewed by the Missile 

Technology Export Committee, unless 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 99 / Friday, May 22, 2015 / Proposed Rules 29569 

authorized by statutory authority providing 

export authority notwithstanding the Arms 

Export Control Act. 

(b) This section does not authorize 

any department or agency of the U.S. 

government to make any export that is 

otherwise prohibited by virtue of other 

administrative provisions or by any 

statute. 

(c) An Electronic Export Information 

(EEI) filing, required under § 123.22 of 

this subchapter, and a written statement 

by the exporter certifying that these 

requirements have been met must be 

presented at the time of export to the 

appropriate Port Directors of U.S. 

Customs and Border Protection or 

Department of Defense transmittal 

authority. For any export made pursuant 

to paragraph (a)(1) of this section, the 

shipment documents (bill of lading, 

airway bill, or other transportation 

documents) must include the following 

statement: 

‘‘For official use by [insert U.S. 

government department or agency]. 

Property will not enter the trade of the 

country to which it is shipped. No 

export license required per CFR Title 

22, section 126.4. U.S. government point 

of contact: [insert name and telephone 

number]’’. 

■ 18. Section 126.9 is amended by 

revising paragraph (a) to read as follows: 

§ 126.9 Advisory opinions and related 

authorizations. 

(a) Advisory opinion. A person may 

request information from the Directorate 

of Defense Trade Controls on 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. 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2015–12295 Filed 5–21–15; 8:45 am] 

BILLING CODE 4710–25–P 

COURT SERVICES AND OFFENDER 

SUPERVISION AGENCY FOR THE 

DISTRICT OF COLUMBIA 

28 CFR Part 810 

RIN 3225–AA00 

Community Supervision: 

Administrative Sanctions and GPS 

Monitoring as a Supervision Tool 

AGENCY: Court Services and Offender 

Supervision Agency for the District of 

Columbia. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Court 

Services and Offender Supervision 

Agency for the District of Columbia 

(CSOSA) is proposing to amend its 

current rule regarding the conditions of 

release requirements for offenders under 

CSOSA supervision. In addition, 

CSOSA will expand the language of the 

regulation to detail and provide notice 

of when CSOSA Community 

Supervision Officers will use electronic 

monitoring as a tool to assist in 

supervision. 

DATES: Comments must be submitted 

July 21, 2015. 

ADDRESSES: Address all comments 

concerning this proposed rule to the 

Office of General Counsel, CSOSA, 13th 

Floor, 633 Indiana Avenue NW., 

Washington, DC 20004. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Carrigg, Assistant General 

Counsel, at (202) 220–5352 or by email 

at stephanie.carrigg@csosa.gov. 

Questions about this publication are 

welcome, but inquiries concerning 

individual cases cannot be answered 

over the telephone. 

SUPPLEMENTARY INFORMATION: The Court 

Services and Offender Supervision 

Agency for the District of Columbia 

(CSOSA) is proposing to amend its 

regulations concerning the conditions of 

release requirements for offenders under 

CSOSA supervision. Specifically, these 

regulations pertain to the conditions of 

release that are imposed on an offender 

when under CSOSA supervision; 

specifically, the requirement to 

maintain a certain frequency of face-toface contact with one’s community 

supervision officer, and the conditions 

of release that are articulated in the 

accountability contract that the offender 

signs with CSOSA. These regulations 

also detail the consequences that an 

offender may face for violating the 

conditions of his or her supervision. 

With this amendment, CSOSA will 

revise the language to reflect that the 

regulations apply to probationers as 

well as parolees, and to offenders who 

are under supervised release. In 

addition, CSOSA will expand the 

language of the regulation to detail and 

provide notice of when CSOSA 

Community Supervision Officers will 

use electronic monitoring as a tool to 

assist in supervision. Currently, the 

regulations only reference electronic 

monitoring as an administrative 

sanction for an offender who has 

violated the general or specific 

conditions of release or who has 

engaged in criminal activity. The 

amended language will specify the 

circumstances under which electronic 

monitoring is used as a supervision tool, 

including but not limited to: instances 

when CSOSA’s Community Supervision 

Services (CSS) Division issues directives 

to place offenders who fit a certain 

criminal behavioral pattern on 

electronic monitoring; and instances 

when CSS makes an individualized 

determination to place an offender on 

electronic monitoring based on an 

offender’s noncompliance with the 

conditions of his supervised release or 

for other extenuating circumstances. 

Matters of Regulatory Procedure 

Administrative Procedure Act 

CSOSA is publishing the proposed 

rule for notice and comment as required 

by 5 U.S.C. 553(b)(3)(B). 

Executive Order 12866 

CSOSA has determined that the 

proposed rule is not a significant rule 

within the meaning of Executive Order 

12866. 

Executive Order 13132 

The proposed rule 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. Under Executive 

Order 13132, this rule does not have 

sufficient federalism implications 

requiring a Federalism Assessment. 

Regulatory Flexibility Act 

The proposed rule will not have a 

significant economic impact upon a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 605(b). 

Unfunded Mandates Reform Act of 1995 

The proposed rule will not cause 

State, local, or tribal governments, or the 

private sector, to spend $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. No action under the 

Unfunded Mandates Reform Act of 1995 

is necessary. 


asabaliauskas on DSK5VPTVN1PROD with PROPOSALS