15388 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Proposed Rules 

submitted comments, please organize 

your comments based on the major 

categories of requirements included in 

the current VFD regulation at 21 CFR 

558.6. These categories of requirements 

are listed following this paragraph. (See 

A through F.) If your comment 

addresses an issue outside of one of 

these categories, please categorize your 

comment as G. ‘‘Other:’’ 

A. Conditions that must be met by 

veterinarians issuing a VFD; 

B. What veterinarians must do with a 

VFD (e.g., disposition of original VFD 

and copies); 

C. Records that must be kept related 

to the VFDs; 

D. Notification requirements for 

distributors of animal feeds containing a 

VFD drug; 

E. Additional recordkeeping 

requirements that apply to distributors; 

F. Cautionary statements required for 

VFD drugs and animal feeds containing 

VFD drugs; and 

G. Other. 

III. Comments 

Interested persons may submit to the 

Division of Dockets Management (see 

ADDRESSES) electronic or written 

comments regarding this document. 

Submit a single copy of electronic 

comments or two paper copies of any 

mailed comments, except that 

individuals may submit one paper copy. 

Comments are to be identified with the 

docket number found in brackets in the 

heading of this document. Received 

comments may be seen in the Division 

of Dockets Management between 9 a.m. 

and 4 p.m., Monday through Friday. 

Dated: March 24, 2010. 

Leslie Kux, 

Acting Assistant Commissioner for Policy. 

[FR Doc. 2010–6872 Filed 3–26–10; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF STATE 

22 CFR Parts 124, 126, and 129 

[Public Notice: 6931] 

RIN 1400–AC62 

Amendment to the International Traffic 

in Arms Regulations: Removing 

Requirement for Prior Approval for 

Certain Proposals to Foreign Persons 

Relating to Significant Military 

Equipment 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to remove the 

requirements for prior approval or prior 

notification for certain proposals to 

foreign persons relating to significant 

military equipment at section 126.8 of 

the ITAR. 

DATES: Effective Date: The Department 

of State will accept comments on this 

proposed rule until May 28, 2010. 

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 an 

appropriate subject line. 

• Mail: Department of State, 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls Policy, 

ATTN: Regulatory Change, Section 

126.8, SA–1, 12th Floor, Washington, 

DC 20522–0112. 

• Persons with access to the Internet 

may also view this notice by going to 

the U.S. Government 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) 

663–2803 or Fax (202) 261–8199; E-mail 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Section 126.8. 

SUPPLEMENTARY INFORMATION: Effective 

September 1, 1977, the Department of 

State amended the International Traffic 

in Arms Regulations (ITAR) at 22 CFR 

123.16, to require Department of State 

approval before a proposal or 

presentation is made that is designed to 

constitute the basis for a decision to 

purchase significant combat equipment, 

involving the export of an item on the 

U.S. Munitions List, valued at 

$7,000,000 or more for use by the armed 

forces of a foreign country (42 FR 41631, 

dated August 18, 1977). Also, 22 CFR 

124.06, entitled ‘‘Approval of proposals 

for technical assistance and 

manufacturing license agreements,’’ was 

amended to require similar prior 

approval requirements with respect to 

proposals and presentations for 

technical assistance and manufacturing 

license agreements involving the 

production or assembly of significant 

combat equipment. 

‘‘Proposals to foreign persons relating 

to significant military equipment’’ 

became section 126.8 in a final rule 

effective January 1, 1985 (49 FR 47682, 

dated December 6, 1984). Section 126.8 

did not require prior approval of the 

Department of State when the proposed 

sale was to the armed forces of a 

member of the North Atlantic Treaty 

Organization (NATO), Australia, Japan, 

or New Zealand, except with respect to 

manufacturing license agreements or 

technical assistance agreements. 

A prior notification requirement, 

instead of prior approval, was added to 

section 126.8 in a final rule effective 

March 31, 1985 (50 FR 12787, dated 

April 1, 1985). Prior notification to the 

Department of State was required 30 

days in advance of a proposal or 

presentation to any foreign person 

where such proposals or presentations 

concern equipment previously approved 

for export. 

The current section 126.8 requires 

prior approval or prior notification for 

certain proposals and presentations to 

make a determination whether to 

purchase significant military equipment 

valued at $14,000,000 or more (other 

than a member of NATO, Australia, 

New Zealand, Japan, or South Korea), or 

whether to enter into a manufacturing 

license agreement or technical 

assistance agreement for the production 

or assembly of significant military 

equipment, regardless of dollar value. 

These types of proposals and 

presentations usually involve large 

dollar amounts. Before the defense 

industry undertakes the effort involved 

in formulating its proposals and 

presentations, if there is any doubt that 

the corresponding license application or 

proposed agreement would not be 

authorized by the Department of State, 

the industry may request an advisory 

opinion (See 22 CFR 126.9). The written 

advisory opinion, though not binding on 

the Department, helps inform the 

defense industry whether the 

Department would likely grant a license 

application or proposed agreement. 

Currently, the time between submitting 

a license application or proposed 

agreement and obtaining a decision 

from the Department of State whether to 

authorize such transactions has been 

decreased sufficiently that requiring 

prior approval or prior notification for 

proposals is unnecessary and imposes 

an administrative burden on industry. 

References to § 126.8 have been 

removed at §§ 124.1(a), 126.13, and 

129.8(c). 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This proposed 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 proposed amendment 

involves a foreign affairs function of the 

United States, it does not require 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Proposed Rules 15389 

analysis under the Regulatory 

Flexibility Act. 

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 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 proposed 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 13175 

The Department of State has 

determined that this 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 requirement of section 

5 of Executive Order 13175 does not 

apply to this rulemaking. 

Paperwork Reduction Act 

This proposed amendment does not 

impose any new reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

List of Subjects 

22 CFR Parts 124 and 129 

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 124, 126, and 129 are proposed 

to be amended as follows: 

PART 124—AGREEMENTS, OFFSHORE PROCUREMENT AND OTHER 

DEFENSE SERVICES 

1. The authority citation for part 124 

is revised to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 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. 

2. Section 124.1 is amended by 

revising paragraph (a) to read as follows: 

§ 124.1 Manufacturing license agreements 

and technical assistance agreements. 

(a) Approval. The approval of the 

Directorate of Defense Trade Controls 

must be obtained before the defense 

services described in § 120.9(a) of this 

subchapter may be furnished. In order 

to obtain such approval, the U.S. person 

must submit a proposed agreement to 

the Directorate of Defense Trade 

Controls. Such agreements are generally 

characterized as manufacturing license 

agreements, technical assistance 

agreements, distribution agreements, or 

off-shore procurement agreements, and 

may not enter into force without the 

prior written approval of the Directorate 

of Defense Trade Controls. Once 

approved, the defense services 

described in the agreements may 

generally be provided without further 

licensing in accordance with §§ 124.3 

and 125.4(b)(2) of this subchapter. The 

requirements of this section apply 

whether or not technical data is to be 

disclosed or used in the performance of 

the defense services described in 

§ 120.9(a) of this subchapter (e.g., all the 

information relied upon by the U.S. 

person in performing the defense 

service is in the public domain or is 

otherwise exempt from licensing 

requirements of this subchapter 

pursuant to § 125.4 of this subchapter). 

This requirement also applies to the 

training of any foreign military forces, 

regular and irregular, in the use of 

defense articles. Technical assistance 

agreements must be submitted in such 

cases. In exceptional cases, the 

Directorate of Defense Trade Controls, 

upon written request, will consider 

approving the provision of defense 

services described in § 120.9(a) of this 

subchapter by granting a license under 

part 125 of this subchapter. 

* * * * * 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

3. 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); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p. 79; 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. 

§ 126.8 [Removed and Reserved] 

4. Section 126.8 is removed and 

reserved. 

5. Section 126.13 is amended by 

revising paragraph (a) to read as follows: 

§ 126.13 Required information. 

(a) All applications for licenses (DSP– 

5, DSP–61, DSP–73, and DSP–85), all 

requests for approval of agreements and 

amendments thereto under part 124 of 

this subchapter, and all requests for 

written authorizations must include a 

letter signed by a responsible official 

empowered by the applicant and 

addressed to the Directorate of Defense 

Trade Controls, stating whether: 

* * * * * 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

6. The authority citation for part 129 

is revised to read as follows: 

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

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

§ 129.8 [Amended] 

7. Section 129.8 is amended by 

removing paragraph (c). 

Dated: March 3, 2010. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2010–6905 Filed 3–26–10; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR CHAPTER VI 

No Child Left Behind School Facilities 

and Construction Negotiated 

Rulemaking Committee Meeting 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 


srobinson on DSKHWCL6B1PROD with PROPOSALS