39212 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 

4 5 U.S.C. 553(b). 

5 5 U.S.C. 553. See also Commission Regulations 

13.3 through 13.5, 17 CFR 13.3–13.5 (notice of 

proposed rulemaking and public participation in 

the rulemaking process required unless the 

Commission finds for good cause that notice and 

public procedure thereon are impracticable, 

unnecessary, or contrary to the public interest). 

6 5 U.S.C. 603 and 604. 

7See 5 U.S.C. 605 (certification by the head of an 

agency permitted as an alternative to the regulatory 

flexibility analyses required at 5 U.S.C. 603 and 

604). 

conforms to the Commission’s 

interpretation of section 5a(11) of the 

Act at the time Regulation 7.201 was 

adopted, and to the Commission’s 

interpretation of CBOT’s obligations 

under successor section 5(d)(13) of the 

Act, and that Regulation 7.201 refers to 

a CBOT rule that is no longer in the 

CBOT rulebook, the Commission has 

determined to grant the CME Group’s 

petition and hereby repeals Regulation 

7.201. 

II. Related Matters 

A. No Notice Required Under 5 U.S.C. 

553 

The Administrative Procedure Act 

(‘‘APA’’) requires rulemakings to be 

commenced with a general notice of 

public rulemaking, published in the 

Federal Register,4 except, among other 

things, ‘‘when the agency for good cause 

finds * * * that notice and public 

procedure thereon are impracticable, 

unnecessary, or contrary to the public 

interest.’’ 5

The repeal of Commission Regulation 

7.201 will not cause new regulatory 

requirements to be effected, because 

new CBOT Rule 600.D imposes the 

same requirements on CBOT members 

that Commission Regulation 7.201 was 

adopted to impose. Therefore, the 

Commission finds for good cause that 

the notice and public procedure are 

unnecessary before finalizing the repeal 

of Commission Regulation 7.201. 

B. Regulatory Flexibility Act 

The Commission is required to 

prepare and make available for public 

comment a regulatory flexibility 

analysis describing the impact of a rule 

on small entities when the Commission 

is required by 5 U.S.C. 553 or any other 

law to publish a notice of proposed 

rulemaking.6 The Commission has 

found according to the provisions of 5 

U.S.C. 553 that a notice of proposed 

rulemaking is unnecessary for the repeal 

of Regulation 7.201. Therefore, the 

Commission is not required to prepare 

and make available a regulatory 

flexibility analysis, and the head of the 

agency alternatively is not making a 

certification as to the economic impact 

of the rule on a substantial number of 

small entities.7

C. Paperwork Reduction Act 

The Paperwork Reduction Act 

(‘‘PRA’’), 44 U.S.C. 3501 et seq., imposes 

certain requirements on federal agencies 

(including the Commission) in 

connection with their conducting or 

sponsoring any collection of 

information as defined by the PRA. The 

repeal of Regulation 7.201 is not 

associated with a collection of 

information. Accordingly, the 

Paperwork Reduction Act does not 

apply. 

D. Cost Benefit Analysis 

Section 15(a) of the Act requires the 

Commission to consider the costs and 

benefits of its action before 

promulgating a new regulation or order 

under the Act. Since this action repeals 

rather than promulgates a regulation, by 

its terms, § 15(a) does not apply. In any 

event, the repeal of Commission 

Regulation 7.201 will not cause new 

regulatory requirements to be effected, 

as new CBOT Rule 600.D imposes the 

same requirements on CBOT members 

that Commission Regulation 7.201 was 

adopted to impose. Thus, the repeal of 

Regulation 7.201 is cost/benefit neutral. 

List of Subjects in 17 CFR Part 7 

Arbitration, Commodity exchanges, 

Commodity futures. 

■ In consideration of the foregoing, and 

pursuant to the authority in the 

Commodity Exchange Act and, in 

particular, sections 5 and 8a of the Act, 

the Commission hereby amends Title 

17, part 7, of the Code of Federal 

Regulations as follows: 

PART 7—CONTRACT MARKET RULES 

ALTERED OR SUPPLEMENTED BY 

THE COMMISSION 

■ 1. The authority citation for part 7 is 

revised to read as follows: 

Authority: 7 U.S.C. 7(a) and 12a(7). 

§ 7.201 [Removed and reserved] 

■ 2. Section 7.201 is removed and 

reserved. 

Issued in Washington, DC, on July 31, 

2009. 

By the Commission. 

David Stawick, 

Secretary of the Commission. 

[FR Doc. E9–18855 Filed 8–5–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Part 123 

[Public Notice: 6646] 

Amendment to the International Traffic 

in Arms Regulations: Temporary 

Export Exemption for Body Armor 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to add an 

exemption for the temporary export of 

body armor for exclusive personal use to 

destinations not subject to restrictions 

under the ITAR § 126.1 and to 

Afghanistan and Iraq under specified 

conditions. 

DATES: Effective Date: This rule is 

effective August 6, 2009. 

ADDRESSES: Interested parties may 

submit comments at any time by any of 

the following methods: 

• E-mail: 

DDTCResponseTeam@state.gov with an 

appropriate subject line. 

• 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. 

Persons with access to the Internet 

may also view this notice by going to 

the regulations.gov Web site at http:// 

regulations.gov/index.cfm. 

FOR FURTHER INFORMATION CONTACT: 

Director Charles B. Shotwell, Office of 

Defense Trade Controls Policy, 

Department of State, Telephone (202) 

663–2792 or Fax (202) 261–8199; E-mail 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Section 123.17. 

SUPPLEMENTARY INFORMATION: U.S. 

individuals are traveling to hazardous 

areas in foreign countries where they 

need to wear body armor for personal 

safety. Consequently, the Department of 

State is amending the International 

Traffic in Arms Regulations (ITAR) to 

add an exemption for the temporary 

export of body armor covered by 22 CFR 

121.1, Category X(a)(1). The exemption 

is available for destinations not subject 

to restrictions under ITAR § 126.1 and 

to Afghanistan and Iraq under specified 

conditions. In order to use the 

exemption, the protective equipment 

must be for the individual’s exclusive 

use and must be returned to the United 

States. The individual may not re-export 

the protective equipment to a foreign 

person or otherwise transfer ownership. 

The protective equipment may not be 

exported to any country where the 


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Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Rules and Regulations 39213 

importation would be in violation of 

that country’s laws. 

The U.S. person declaring the 

temporary export of body armor to U.S. 

Customs and Border Protection should 

use CBP Form 4457 entitled the 

‘‘Certificate of Registration for Personal 

Effects Taken Abroad.’’ The export 

information is not required to be 

reported electronically using the 

Automated Export System (AES). Upon 

re-entering the United States, the CBP 

Form 4457 should be presented. 

In the event the body armor is lost or 

otherwise not returned to the United 

States, a detailed report about the 

incident must be submitted to the Office 

of Defense Trade Controls Compliance. 

The report should describe all attempts 

to locate the body armor. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This amendment involves a foreign 

affairs function of the United States and, 

therefore, is not subject to the 

procedures contained in 5 U.S.C. 553 

and 554. 

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. 

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 

This amendment is exempt from 

review under Executive Order 12866, 

but has been reviewed internally by the 

Department of State to ensure 

consistency with the purposes thereof. 

Executive Order 12988 

The Department of State has reviewed 

the proposed regulations 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, Public Law 

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; Public Law 105–261, 

112 Stat. 1920; Sec. 1205(a), Public Law 107– 

228. 

■ 2. Section 123.17 is amended by 

adding paragraphs (f) and (g) to read as 

follows: 

§ 123.17 Exports of firearms, ammunition, 

and body armor. 

* * * * * 

(f) Except as provided in § 126.1 of 

this subchapter, Port Directors of U.S. 

Customs and Border Protection 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) of this 

subchapter provided that: 

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

and an inspection by a customs officer 

is made; 

(2) The body armor is with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); 

(3) The body armor is for that person’s 

exclusive use and not for re-export or 

other transfer of ownership; and 

(4) If the body armor is lost or 

otherwise not returned to the United 

States, a detailed report must be 

submitted to the Office of Defense Trade 

Controls Compliance in § 127.12(c)(2) of 

this subchapter entitled ‘‘Voluntary 

disclosures.’’ 

(g) The license exemption set forth in 

paragraph (f) of this section is also 

available for the temporary export of 

body armor for personal use to 

Afghanistan and to Iraq provided that: 

(1) The conditions in paragraphs 

(f)(1)–(f)(3) of this section are met; 

(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 humanitarian activities 

for, on behalf of, or at the request of the 

Government of Iraq. 

Dated: July 8, 2009. 

Rose E. Gottemoeller, 

Assistant Secretary, Verification, Compliance 

and Implementation, Department of State. 

[FR Doc. E9–18843 Filed 8–5–09; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2009–0251] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events; Patapsco River, Northwest 

Harbor, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations 

during the ‘‘Baltimore Dragon Boat 

Challenge’’, a marine event to be held 

on the waters of the Patapsco River, 

Northwest Harbor, Baltimore, MD. 

These special local regulations are 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to temporarily 

restrict vessel traffic in a portion of the 

Patapsco River during the event. 

DATES: This rule is effective from 

August 22, 2009 through August 29, 

2009. 


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