Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 68311 

Dated: November 1, 2011. 

John Oliver, 

Deputy Assistant Administrator for 

Operations, National Marine Fisheries 

Service. 

For the reasons set out in the 

preamble, 15 CFR part 902 is amended 

as follows: 

PART 902—NOAA INFORMATION 

COLLECTION REQUIREMENTS UNDER 

THE PAPERWORK REDUCTION ACT: 

OMB CONTROL NUMBERS 

■ 1. The authority citation for part 902 

continues to read as follows: 

Authority: 44 U.S.C. 3501 et seq. 

■ 2. In § 902.1, the table in paragraph 

(b), under 50 CFR, is amended by 

revising the OMB control numbers for 

§§ 622.5, 622.8, and 622.18, to read as 

follows: 

§ 902.1 OMB control numbers assigned 

pursuant to the Paperwork Reduction Act. 

* * * * * 

(b) * * * 

CFR part or section where the information collection 

requirement is located Current OMB control number (all numbers begin with 0648–) 

*******

50 CFR 

*******

622.5 ......................................................................................................... ¥0013, ¥0016, ¥0392, and ¥0593. 

* * * * * * * 

622.8 ......................................................................................................... ¥0205 and ¥0593. 

*******

622.18 ....................................................................................................... ¥0205 and ¥0593. 

*******

[FR Doc. 2011–28662 Filed 11–3–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF STATE 

22 CFR Part 123 

RIN 1400–AC91 

[Public Notice 7674] 

Amendment to the International Traffic 

in Arms Regulations: Filing, Retention, 

and Return of Export Licenses and 

Filing of Export Information 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to reflect 

changes in the requirements for the 

return of licenses. Applicants are no 

longer required to return certain expired 

DSP–5s. This change will reduce the 

administrative burden on applicants. 

DATES: Effective Date: This rule is 

effective November 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Memos, Office of Defense 

Trade Controls Policy, Bureau of 

Political-Military Affairs, Department of 

State, (202) 663–2829 or FAX (202) 261– 

8199; Email memosni@state.gov, Attn: 

ITAR Amendment—License Return. 

SUPPLEMENTARY INFORMATION: The 

Department of State is amending 

§ 123.22(c) to institute changes in the 

requirements for the return of licenses. 

With this change, applicants with DSP– 

5 licenses that have been issued 

electronically by the Directorate of 

Defense Trade Controls (DDTC) and 

decremented electronically by the U.S. 

Customs and Border Protection (CBP) 

through the Automated Export System 

(AES) are no longer required to return 

them to DDTC when they expire, to 

include when the total authorized value 

or quantity has been shipped. The 

return of these licenses is redundant 

and unnecessary as all of the export 

information has been captured and 

saved electronically. If a DSP–5 license 

issued electronically is decremented 

physically in one or more instance the 

license must be returned to the 

Department of State. 

All other DSP–5 licenses that do not 

meet the criteria described above, and 

all DSP–61, DSP–73, and DSP–85 

licenses, and DSP–94 authorizations, 

must be returned by the applicant, or 

the government agency with which the 

license or authorization was filed, to 

DDTC, as these licenses and 

authorizations are not decremented 

electronically, even if an Electronic 

Export Information is filed via AES. 

New § 123.22(c)(3) addresses the 

return of the DSP–94 authorization. 

New § 123.22(c)(4) provides that 

licenses issued but not used by the 

applicant do not need to be returned to 

DDTC. 

New § 123.22(c)(5) provides that 

licenses which have been revoked by 

DDTC are considered expired. 

Section 123.21(b) is amended to 

conform to the changes to § 123.22(c). 

This rule was first presented as a 

proposed rule for public comment on 

July 14, 2011. That comment period 

ended August 29, 2011. Three 

comments were received. The 

Department’s evaluation of the written 

comments and recommendations are as 

follows. 

One commenting party recommended 

the Department revise the provision 

regarding the return of the DSP–85, as 

the issued license is not held by the 

applicant, but by an officer of the 

Defense Security Service. The 

Department accepted this 

recommendation, and has revised 

§ 123.22(c)(2) to provide that ‘‘the 

government agency with which the 

license or authorization was filed’’ may 

also return an expired license or 

authorization to the Department. 

One commenting party recommended 

revising the sentence in § 123.22(c)(1) 

addressing the maintenance of records. 

The commenting party correctly pointed 

out that, as drafted in the proposed rule, 

the requirement to maintain records of 

an electronically issued and 

decremented DSP–5 pertained only 

when the license was fully decremented 

or expired, when in fact the 

requirement, per ITAR § 122.5, is for 

record maintenance on an ongoing 

basis. Section (c)(1) is revised 

accordingly. 

One commenting party recommended 

revising a section of the ITAR not the 

subject of this rule. The Department, 


jlentini on DSK4TPTVN1PROD with RULES
68312 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 

though, takes this opportunity to 

address the recommendation. The 

commenting party recommended 

revising ITAR § 123.22(a)(1) to allow the 

exporter to present to CBP an 

electronically issued DSP–5 license at 

the time of permanent export, and not 

prior to filing the license in the 

Automated Export System. This 

procedure is a requirement set by CBP, 

for enforcement purposes, and not by 

the Department. 

One commenting party recommended 

the elimination of the requirement to 

return any expired license to the 

Department, stating that it is inefficient, 

redundant of other recordkeeping 

requirements, and not in keeping with 

the Department’s initiative to provide 

end-to-end electronic licensing. The 

Department observes that while it has 

instituted electronic processes for the 

majority of defense trade licensing 

transactions, it has not completed this 

initiative. Therefore, certain 

requirements cannot be completed 

electronically by the public. This 

includes providing the Department with 

a record of certain expired licenses. As 

an alternative, the commenting party 

suggested providing D-Trade, the 

Department’s electronic licensing 

system, as a means of returning certain 

expired licenses, but D-Trade is 

currently not configured to support this 

function. The Department also observes 

that the recordkeeping requirement of 

ITAR § 122.5 pertains to registrants; for 

enforcement purposes, the Department 

also must have record of which exports 

were completed from approved 

authorizations. For the foregoing 

reasons, the Department did not accept 

this commenting party’s 

recommendation. 

Having thoroughly reviewed and 

evaluated the written comments and 

recommended changes, the Department 

has determined that it will accept, and 

hereby does adopt with the noted 

changes, the proposed rule as a final 

rule. 

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. Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

published 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 this 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. 

Unfunded Mandates Reform Act of 1995 

This 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. 

Executive Order 13175 

The Department has determined that 

this rule 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 

requirements of Executive Order 13175 

do not apply to this rule. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This 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 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 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 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 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 

the amendment 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. 

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 123 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 123 is amended as follows: 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

■ 1. 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; 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 123.21 is amended by 

revising the section heading and 

paragraph (b) to read as follows: 

§ 123.21 Duration, renewal, and 

disposition of licenses. 

* * * * * 

(b) Unused, expired, suspended, or 

revoked licenses must be handled in 

accordance with § 123.22(c) of this 

subchapter. 

■ 3. Section 123.22 is amended by 

revising paragraph (c) to read as follows: 

§ 123.22 Filing, retention, and return of 

export licenses and filing of export 

information. 

* * * * * 

(c) Return of licenses. Per § 123.21 of 

this subchapter, all DSP licenses issued 

by the Directorate of Defense Trade 

Controls (DDTC) must be disposed of in 

accordance with the following: 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 68313 

(1) A DSP–5 license issued 

electronically by DDTC and 

decremented electronically by the U.S. 

Customs and Border Protection through 

the Automated Export System (AES) is 

not required to be returned to DDTC. If 

a DSP–5 license issued electronically is 

decremented physically in one or more 

instance the license must be returned 

DDTC. A copy of the DSP–5 license 

must be maintained by the applicant in 

accordance with § 122.5 of this 

subchapter. 

(2) DSP–5, DSP–61, DSP–73, and 

DSP–85 licenses issued by DDTC but 

not decremented electronically by the 

U.S. Customs and Border Protection 

through AES (e.g., oral or visual 

technical data releases or temporary 

import and export licenses retained in 

accordance with paragraph (a)(2) of this 

section), must be returned by the 

applicant, or the government agency 

with which the license was filed, to 

DDTC upon expiration, to include when 

the total authorized value or quantity 

has been shipped. A copy of the license 

must be maintained by the applicant in 

accordance with § 122.5 of this 

subchapter. AES does not decrement the 

DSP–61, DSP–73, and DSP–85 licenses. 

Submitting the Electronic Export 

Information is not considered to be 

decremented electronically for these 

licenses. 

(3) A DSP–94 authorization filed with 

the U.S. Customs and Border Protection 

must be returned by the applicant, or 

the government agency with which the 

authorization was filed, to DDTC upon 

expiration, to include when the total 

authorized value or quantity has been 

shipped, or when all shipments against 

the Letter of Offer and Acceptance have 

been completed. AES does not 

decrement the DSP–94 authorization. 

Submitting the Electronic Export 

Information is not considered to be 

decremented electronically for the DSP– 

94. A copy of the DSP–94 must be 

maintained by the applicant in 

accordance with § 122.5 of this 

subchapter. 

(4) A license issued by DDTC but not 

used by the applicant does not need to 

be returned to DDTC, even when 

expired. 

(5) A license revoked by DDTC is 

considered expired and must be 

handled in accordance with paragraphs 

(c)(1) and (c)(2) of this section. 

Dated: October 27, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–28548 Filed 11–3–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 7675] 

RIN 1400–AC97 

Amendment to the International Traffic 

in Arms Regulations: Libya and 

UNSCR 2009 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to update the 

policy regarding Libya to reflect the 

additional modifications to the United 

Nations Security Council arms embargo 

of Libya adopted in September 2011. 

DATES: Effective Date: This rule is 

effective November 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Charles B. Shotwell, Director, Office of 

Defense Trade Controls Policy, 

Department of State, by telephone: (202) 

663–2792; fax: (202) 261–8199; or email: 

DDTCResponseTeam@state.gov. ATTN: 

Part 126, Libya. 

SUPPLEMENTARY INFORMATION: On 

September 16, 2011, the United Nations 

Security Council adopted resolution 

2009, which modifies the arms embargo 

against Libya put in place by the 

adoption in February and March of 

resolutions 1970 and 1973, respectively. 

Resolutions 1970 and 1973, and the 

May 2011 ITAR Amendment Regarding 

Libya 

On February 26, 2011, the United 

Nations Security Council adopted 

Resolution 1970, paragraph 9 of which 

provides that UN member states shall 

immediately take the necessary 

measures to prevent the sale, supply, or 

transfer of arms and related materiel of 

all types to the Libyan Arab Jamahiriya, 

with certain exceptions. On March 17, 

2011, the UN Security Council adopted 

Resolution 1973, paragraph 4 of which 

authorizes member states to take all 

necessary measures, notwithstanding 

the arms embargo established by 

paragraph 9 of Resolution 1970, to 

protect civilians and civilian populated 

areas under threat of attack in Libya. On 

May 24, 2011, the Department amended 

the ITAR to implement the Security 

Council’s actions by adding Libya to 

§ 126.1(c), which identifies countries 

subject to UN Security Council arms 

embargoes. See 76 FR 30001. The 

Department also revised the previous 

policy on Libya contained in § 126.1(k) 

to announce a policy of denial for all 

requests for licenses or other approvals 

to export or otherwise transfer defense 

articles and services to Libya, except 

where not prohibited under UNSC 

embargo and determined to be in the 

interests of the national security and 

foreign policy of the United States. 

Resolution 2009 

To the existing exceptions to the arms 

embargo, delineated in resolutions 1970 

and 1973, resolution 2009 adds the 

supply, sale, or transfer to Libya of arms 

and related materiel, including 

technical assistance, intended solely for 

security or disarmament assistance to 

the Libyan authorities, and small arms, 

light weapons, and related materiel for 

the sole use of UN personnel, 

representatives of the media, and 

humanitarian and development workers 

and associated personnel. License 

applications submitted pursuant to 

these exceptions are notified in advance 

to the Committee of the Security 

Council concerning Libya, and are 

eligible for approval in the absence of a 

negative decision by the Committee 

within five working days of such a 

notification. 

Accordingly, the ITAR is amended to 

reflect these exceptions. 

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. Since this rule is exempt 

from 5 U.S.C. 553, it is the view of the 

Department of State that the provisions 

of § 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 Libya, that notice 

and public procedure on this rule would 

be impracticable, unnecessary, or 

contrary to the public interest. See 5 

U.S.C. 808(2). 

Regulatory Flexibility Act 

Since this 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. 

Unfunded Mandates Reform Act of 1995 

This 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 


jlentini on DSK4TPTVN1PROD with RULES