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[Federal Register: August 4, 2010 (Volume 75, Number 149)]
[Rules and Regulations]               
[Page 46843-46844]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04au10-4]                         

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DEPARTMENT OF STATE

22 CFR Part 120

RIN 1400-AC63
[Public Notice: 7075]

 
Amendment to the International Traffic in Arms Regulations: 
Commodity Jurisdiction

AGENCY: Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is amending the International Traffic 
in Arms Regulations (ITAR) to address electronic submission of a 
request for a commodity jurisdiction determination using ``Commodity 
Jurisdiction (CJ) Determination Form'' (Form DS-4076).

DATES: Effective Date: This rule is effective August 4, 2010.

FOR FURTHER INFORMATION CONTACT: Director Charles 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, Part 120.

SUPPLEMENTARY INFORMATION: A new form entitled ``Commodity Jurisdiction 
(CJ) Determination Form'' (Form DS-4076) has been added to the listing 
of forms at 22 CFR 120.28(a)(8). This form was made available via the 
Directorate of Defense Trade Controls' (DDTC) Web site (http://www.pmddtc.state.gov) for public use on a trial basis (as well as 
comment) on September 30, 2009. As already noted in form DS-4076, 
information contained in the description block (Block 5) (exclusive of 
information legitimately identified as proprietary in Block 15) will be 
used in DDTC's published Commodity Jurisdiction determinations list, to 
be available on the DDTC Web site. Also, 22 CFR 120.4(a) is amended to 
state that the ``Commodity Jurisdiction (CJ) Determination Form'' must 
be electronically submitted to DDTC. For twenty-nine (29) days after 
the effective date of this final rule, a request for a commodity 
jurisdiction determination may be submitted electronically or via a 
paper format. After thirty (30) days from the effective date of this 
final rule, electronic submission via the ``Commodity Jurisdiction (CJ) 
Determination Form'' (Form DS-4076) will be mandatory. Additionally, 
Sec.  120.4(c) was amended to eliminate the instruction to submit seven 
collated sets of supporting documentation.

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 involves a foreign affairs function of the 
United States, 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 rulemaking 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 Section 5 of Executive Order 13175 do 
not apply to his rulemaking.

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 collection was approved under OMB Control Number 1405-0163. 
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 120

    Arms and munitions, Classified information, Exports.

0
Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 120 is amended as follows:

PART 120--PURPOSE AND DEFINITIONS

0
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; E.O. 11958, 42 FR 4311; 
E.O. 13284, 68 FR 4075; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 
Pub. L. 105-261, 112 Stat. 1920.

0
2. Section 120.4 is amended by revising paragraphs (a) and (c) to read 
as follows:

[[Page 46844]]

Sec.  120.4  Commodity jurisdiction.

    (a) The commodity jurisdiction procedure is used with the U.S. 
Government if doubt exists as to whether an article or service is 
covered by the U.S. Munitions List. It may also be used for 
consideration of a redesignation of an article or service currently 
covered by the U.S. Munitions List. The Department must provide notice 
to Congress at least 30 days before any item is removed from the U.S. 
Munitions List. Upon electronic submission of a Commodity Jurisdiction 
(CJ) Determination Form (Form DS-4076), the Directorate of Defense 
Trade Controls shall provide a determination of whether a particular 
article or service is covered by the U.S. Munitions List. The 
determination, consistent with Sec. Sec.  120.2, 120.3, and 120.4, 
entails consultation among the Departments of State, Defense, Commerce, 
and other U.S. Government agencies and industry in appropriate cases.
* * * * *
    (c) Requests shall identify the article or service, and include a 
history of this product's design, development, and use. Brochures, 
specifications, and any other documentation related to the article or 
service should be submitted as electronic attachments per the 
instructions for Form DS-4076.
* * * * *

0
3. Section 120.28 is amended by adding paragraph (a)(8) to read as 
follows:

Sec.  120.28  Listing of forms referred to in this subchapter.

* * * * *
    (a) * * *
    (8) Commodity Jurisdiction (CJ) Determination Form (Form DS-4076).
* * * * *

    Dated: July 15, 2010.
Ellen O. Tauscher,
Under Secretary, Arms Control and International Security, Department of 
State.
[FR Doc. 2010-19136 Filed 8-3-10; 8:45 am]
BILLING CODE 4710-25-P
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