70888 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 

date is January 20, 2005. This action 

corrects that error.

Correction to Final Rule

■ Accordingly, pursuant to the authority 

delegated to me, the effective date for 

Airspace Docket No. 04–ASO–9, as 

published in the Federal Register on 

November 23,2004 (69 FR 68075), is 

corrected as follows:

■ On page 68075, correct the effective 

date to read January 20, 2005.

Issued in Washington, DC, on December 2, 

2004. 

Reginald C. Matthews, 

Manager, Airspace and Rules.

[FR Doc. 04–26978 Filed 12–7–04; 8:45 am] 

BILLING CODE 4910–13–P

DEPARTMENT OF STATE

22 CFR Parts 122 and 129

[Public Notice 4920] 

RIN 1400–AB97

Amendment to the International Traffic 

in Arms Regulations: Registration Fee 

Change

AGENCY: Department of State.

ACTION: Interim rule and request for 

comments. 

SUMMARY: This rule amends the 

International Traffic in Arms 

Regulations (ITAR) (22 CFR parts 122 

and 129) by increasing the registration 

fees, changing the registration renewal 

period, and making other minor 

administrative changes.

DATES: Effective Date: This interim rule 

takes effect on December 8, 2004. 

Comment Date: The Department will 

accept written comments, which must 

be received no later than January 7, 

2005.

ADDRESSES: Interested parties are 

invited to submit written comments to 

the Department of State, Directorate of 

Defense Trade Controls, Office of 

Defense Trade Controls Management, 

ATTN: ITAR Regulatory Change, 22 CFR 

parts 122 and 129, 13th Floor, SA–1, 

Washington, DC 20522–0112. E-mail 

comments may be sent to 

DTCPResponseTeam@state.gov with the 

subject line: ITAR Regulatory Change, 

22 CFR parts 122 and 129. Persons with 

access to the Internet may also view this 

notice by going to the regulations.gov 

Web site at: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT:

David Trimble, Directorate of Defense 

Trade Controls Compliance, Bureau of 

Political-Military Affairs, Department of 

State (202) 663–2807 or FAX (202) 261–

8199. ATTN: ITAR Regulatory Change, 

22 CFR part 122 and part 129.

SUPPLEMENTARY INFORMATION: This 

interim rule increases the fee charged to 

those persons required to register with 

the U.S. State Department, Directorate of 

Defense Trade Controls in accordance 

with Section 38 of the Arms Export 

Control Act (AECA) (22 U.S.C. 2778). 

ITAR registration fees are set forth at 22 

CFR 122.3 and have not been adjusted 

since 1997. Registration fees (including 

4-year renewals) received (or 

postmarked) prior to the effective date 

of this amendment will be honored 

under the previous fee rates. Also, this 

amendment changes the maximum 

registration period from up to four years 

to two years. 

This amendment revises 22 CFR 

122.2(a) and 122.3(a) and 129.4(a) to 

reference Form DS–2032 (Statement of 

Registration), in lieu of Form DSP–9 as 

the applicable form for registration 

purposes. The amendment to 22 CFR 

122.2(a) also reflects that the State 

Department will notify the registrant if 

the Registration Statement package is 

incomplete, but will no longer return 

incomplete materials to the sender. 22 

CFR 122.2(c) is amended by removing 

its reference to 22 CFR 60.2(c) because 

that provision no longer exists. 

This amendment revises 22 CFR 

122.3(a) to change the maximum 

registration period to two years from 

four years. In addition, this amendment 

removes 22 CFR 122.3(c). The State 

Department will no longer provide fee 

refunds to registrants that cease to 

engage in the manufacture or export of 

defense articles and defense services. 

Regulatory Analysis and Notices 

This amendment is made in 

accordance to the following regulations: 

Administrative Procedure Act: The 

Department’s implementation of this 

regulation as an interim rule with 

request for comments is based upon the 

‘‘good cause’’ exceptions found at 5 

U.S.C. 553(b)(B) and (d)(3). The 

Department has determined that notice 

and public procedure thereon in 

advance of the effective date are 

impracticable and contrary to the public 

interest as the fees are needed 

immediately to fund regulatory efforts to 

help ensure terrorist entities and state 

sponsors of terrorism do not gain access 

to exported U.S. defense articles and 

services. Further, the funds are vital to 

controlling sensitive weapons and 

defense technology needed to protect 

the national security interests of the 

United States. 

Regulatory Flexibility Act: The 

Department, in accordance with the 

Regulatory Flexibility Act (5 U.S.C. 

605(b)), has reviewed this regulation 

and, by approving it, certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Unfunded Mandated Reform Act of 

1995: This rule will not 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 Act of 1996: This rule is 

not a major rule as defined by section 

804 of the Small Business Regulatory 

Enforcement Act of 1996. This rule will 

not result in an annual effect on the 

economy of $100 million or more; a 

major increase in costs or prices; or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

companies to compete with foreignbased companies in domestic and 

export markets.

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. In addition, the Department is 

exempt from Executive Order 12866 

except to the extent that it is 

promulgating regulations in conjunction 

with a domestic agency that are 

significant regulatory actions. The 

Department has nevertheless reviewed 

the regulation to ensure its consistency 

with the regulatory philosophy and 

principles set forth in the Executive 

Order. 

Executive Order 12988, Civil Justice 

Reform: The Department has reviewed 

this regulation in light of sections 3(a) 

and 3(b)(2) of Executive Order No. 

12988 to eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13132: This 

regulation will not have substantial 

direct effects on the States, the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, it is 

determined that this rule does not have 

sufficient federalism implications to 

require consultations or warrant the 

preparation of a federalism summary 

impact statement. 

Executive Order 12372: This 

regulation does not require review 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Rules and Regulations 70889

under Executive Order 12372, 

Intergovernmental Review of Federal 

Programs. 

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. Form DS–2032, which the 

rule references, bears OMB Approval 

No. 1405–0002 and is currently 

approved for use through July 31, 2005.

List of Subjects 

22 CFR Part 122

Arms and munitions, Exports. 

22 CFR Part 129

Arms and munitions, Exports, 

Technical assistance.

■ Accordingly, for the reasons set forth 

above, title 22, chapter I, subchapter M, 

parts 122 and 129 are amended as 

follows:

PART 122—REGISTRATION OF 

MANUFACTURERS AND EXPORTERS

■ 1. The authority citation for part 122 

continues to read as follows:

Authority: Secs. 2 and 38, Pub. L. 90–629, 

90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 

11958, 42 FR 4311, 1977 Comp. p. 79; 22 

U.S.C. 2658.

■ 2. Section 122.2 is amended to revise 

paragraphs (a) and (c) to read as follows:

§ 122.2 Submission of registration 

statement. 

(a) General. The Department of State 

Form DS–2032 (Statement of 

Registration) and the transmittal letter 

required by paragraph (b) of this section 

must be submitted by an intended 

registrant with a payment (by check or 

money order) payable to the Department 

of State of one of the fees prescribed in 

§ 122.3(a) of this subchapter. Checks 

and money orders must be in U.S. 

currency, and checks must be payable 

through a U.S. financial institution. In 

addition, the Statement of Registration 

and transmittal letter must be signed by 

a senior officer who has been 

empowered by the intended registrant to 

sign such documents. The intended 

registrant also shall submit 

documentation that demonstrates that it 

is incorporated or otherwise authorized 

to do business in the United States. The 

Directorate of Defense Trade Controls 

will notify the registrant if the 

Statement of Registration package is 

incomplete. 

(b) * * *

(c) Definition. For purpose of this 

section, ownership means that more 

than 50 percent of the outstanding 

voting securities of the firm are owned 

by one or more foreign persons. Control

means that one or more foreign persons 

have the authority or ability to establish 

or direct the general policies or day-today operations of the firm. Control is 

presumed to exist where foreign persons 

own 25 percent or more of the 

outstanding voting securities if no U.S. 

persons control an equal or larger 

percentage.

■ 3. Section 122.3 is amended to revise 

paragraph (a) and remove paragraph (c) 

to read as follows:

§ 122.3 Registration fees. 

(a) A person who is required to 

register may do so for a period up to 2 

years upon submission of a completed 

Form DS–2032, transmittal letter, and 

payment of a fee as follows:

1 year ........................................ $1,750.00

2 years ...................................... $3,500.00

* * * * *

PART 129—REGISTRATION AND 

LICENSING OF BROKERS

■ 4. The authority citation for part 129 

continues to read as follows:

Authority: Sec. 38, Pub. L. 104–164, 110 

Stat. 1437, (22 U.S.C. 2778).

■ 5. Section 129.4 is amended to revise 

paragraph (a) to read as follows:

§ 129.4 Registration statement and fees. 

(a) General. The Department of State 

Form DS–2032 (Statement of 

Registration) and a transmittal letter 

meeting the requirements of § 122.2(b) 

of this subchapter must be submitted by 

an intended registrant with a payment 

by check or money order payable to the 

Department of State of one of the fees 

prescribed in § 122.3(a) of this 

subchapter. The Statement of 

Registration and transmittal letter must 

be signed by a senior officer who has 

been empowered by the intended 

registrant to sign such documents. The 

intended registrant also shall submit 

documentation that demonstrates that it 

is incorporated or otherwise authorized 

to do business in the United States.

* * * * *

Dated: November 1, 2004. 

John R. Bolton, 

Under Secretary, Arms Control and 

International Security, Department of State.

[FR Doc. 04–26954 Filed 12–7–04; 8:45 am] 

BILLING CODE 4710–25–P

DEPARTMENT OF THE TREASURY

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9

[TTB T.D.–19; Re: Notice No. 17] 

RIN: 1513–AA75

Establishment of the Southern Oregon 

Viticultural Area (2002R–338P)

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau (TTB), Treasury.

ACTION: Final rule; Treasury decision.

SUMMARY: This Treasury decision 

establishes the Southern Oregon 

viticultural area in portions of Douglas, 

Jackson, and Josephine Counties in 

southwestern Oregon. The established 

Applegate Valley, Rogue Valley, and 

Umpqua Valley viticultural areas are 

within boundaries of the Southern 

Oregon viticultural area. We designate 

viticultural areas to allow vintners to 

better describe the origin of their wines 

and to allow consumers to better 

identify wines they may purchase.

DATES: This rule is effective February 7, 

2005.

FOR FURTHER INFORMATION CONTACT: N.A. 

Sutton, Program Manager, Regulations 

and Procedures Division, Alcohol and 

Tobacco Tax and Trade Bureau, 925 

Lakeville St., #158, Petaluma, CA 94952; 

telephone 415–271–1254.

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (the FAA Act, 27 

U.S.C. 201 et seq.) requires that alcohol 

beverage labels provide the consumer 

with adequate information regarding a 

product’s identity and prohibits the use 

of misleading information on such 

labels. The FAA Act also authorizes the 

Secretary of the Treasury to issue 

regulations to carry out its provisions. 

The Alcohol and Tobacco Tax and 

Trade Bureau (TTB) administers these 

regulations. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 

a viticultural area for American wine as