4238 Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 

(5) The net weight of each listed 

chemical given in kilograms or parts 

thereof; 

* * * * * 

(11) The name, address, business, 

telephone number, and, where 

available, the facsimile number of the 

importer, transferor, or transshipper; 

* * * * * 

■ 39. In § 1313.32, paragraph (b)(2) is 

revised to read as follows: 

§ 1313.32 Requirement of authorization for 

international transactions. 

* * * * * 

(b) * * * 

(2) A copy of the DEA Form 486 may 

be transmitted directly to the Drug 

Enforcement Administration, Import/ 

Export Unit, through electronic 

facsimile media not later than 15 days 

prior to the exportation. 

* * * * * 

■ 40. In § 1313.33, paragraphs (c)(1) and 

(c)(4) are revised to read as follows: 

§ 1313.33 Contents of an international 

transaction declaration. 

* * * * * 

(c) * * * 

(1) The name, address, telephone 

number, and, where available, the 

facsimile number of the chemical 

exporter; the name, address, telephone 

number, and, where available, the 

facsimile number of the chemical 

importer; 

* * * * * 

(4) The name, address, telephone 

number, and, where available, the 

facsimile number of the consignee in the 

country where the chemical shipment is 

destined; the name(s) and address(es) of 

any intermediate consignee(s). 

PART 1314—RETAIL SALE OF 

SCHEDULED LISTED CHEMICAL 

PRODUCTS 

■ 41. The authority citation for Part 

1314 continues to read as follows: 

Authority: 21 U.S.C. 802, 830, 842, 871(b), 

875, 877, 886a. 

■ 42. In § 1314.45, the introductory 

paragraph is revised to read as follows: 

§ 1314.45 Privacy protections. 

To protect the privacy of individuals 

who purchase scheduled listed 

chemical products, the disclosure of 

information in logbooks under § 1314.30 

is restricted as follows: 

* * * * * 

■ 43. In § 1314.115, paragraph (a)(2) is 

revised to read as follows: 

§ 1314.115 Distributions not subject to 

reporting requirements. 

(a) * * * 

(2) Distributions by retail distributors 

that may not include face-to-face 

transactions to the extent that such 

distributions are consistent with the 

activities authorized for a retail 

distributor as specified in the definition 

of retail distributor in § 1300.02 of this 

chapter, except that this paragraph (a)(2) 

does not apply to sales of scheduled 

listed chemical products at retail. 

* * * * * 

PART 1316—ADMINISTRATIVE 

FUNCTIONS, PRACTICES, AND 

PROCEDURES 

■ 44. The authority citation for Subpart 

A of Part 1316 continues to read as 

follows: 

Authority: 21 U.S.C. 822(f), 830(a), 871(b), 

880, 958(f), 965. 

■ 45. In § 1316.03, paragraph (d) is 

revised to read as follows: 

§ 1316.03 Authority to make inspections. 

* * * * * 

(d) Collecting samples of controlled 

substances or listed chemicals (in the 

event any samples are collected during 

an inspection, the inspector shall issue 

a receipt for such samples on DEA Form 

400 to the owner, operator, or agent in 

charge of the premises); 

* * * * * 

■ 46. The authority citation for Subpart 

D of Part 1316 continues to read as 

follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 875, 

958(d), 965. 

■ 47. In § 1316.42, paragraph (g) is 

revised to read as follows: 

§ 1316.42 Definitions. 

* * * * * 

(g) The term proceeding means all 

actions involving a hearing, 

commencing with the publication by the 

Administrator of the notice of proposed 

rulemaking or the issuance of an order 

to show cause. 

* * * * * 

Dated: January 13, 2012. 

Joseph T. Rannazzisi, 

Deputy Assistant Administrator, Office of 

Diversion Control. 

[FR Doc. 2012–1150 Filed 1–26–12; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF STATE 

22 CFR Part 8 

RIN 1400–AC64 

[Public Notice 7773] 

Advisory Committee Management 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: This final rule removes 

regulations which implement the 

Federal Advisory Committee Act 

(FACA) for the Department of State. The 

Department of State implementation of 

FACA is now governed by the rules 

promulgated by GSA and internal policy 

guidance in the Foreign Affairs Manual. 

DATES: Effective Date: This rule is 

effective on February 27, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Alice Kottmyer, Office of the Legal 

Adviser, who may be reached at (202) 

647–2318. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Section 8(a) of the Federal Advisory 

Committee Act (FACA), 5 U.S.C. 

Appendix, agency heads are required to 

establish uniform administrative 

guidelines and management controls for 

advisory committees established by that 

agency. 

The Department of State first finalized 

its rules, codified at 22 CFR Part 8, in 

1975. Since then, GSA has promulgated 

comprehensive guidance at 41 CFR Part 

102–3, and the Department recently 

published updated internal guidance 

that implements FACA and the GSA 

regulations. The Department guidance is 

in Volume 11 of the Foreign Affairs 

Manual, and can be found at: http:// 

www.state.gov/documents/organization/ 

176811.pdf. The provisions of Part 8 are 

obsolete and are hereby removed. 

Regulatory Analyses 

Administrative Procedure Act 

Removing 22 CFR part 8 is a decision 

regarding the Department’s 

organization, procedure, or practice and 

is not subject to the notice-andcomment procedures of 5 U.S.C. 553(b). 

Regulatory Flexibility Act/Executive 

Order 13272: Small Business 

The Department certifies that this 

rulemaking is not expected to have a 

significant impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act, 

5 U.S.C. 601–612, and Executive Order 

13272, section 3(b). 


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Federal Register / Vol. 77, No. 18 / Friday, January 27, 2012 / Rules and Regulations 4239 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

This rulemaking is not a major rule as 

defined by 5 U.S.C. 804, for purposes of 

congressional review of agency 

rulemaking under the Small Business 

Regulatory Enforcement Fairness Act of 

1996, Public Law 104–121. This 

rulemaking 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 the ability 

of United States-based companies to 

compete with foreign-based companies 

in domestic and export markets. 

The Unfunded Mandates Reform Act of 

1995 

Section 202 of the Unfunded 

Mandates Reform Act of 1995, 2 U.S.C. 

1532, generally requires agencies to 

prepare a statement before proposing or 

adopting any rule that may result in an 

annual expenditure of $100 million or 

more by state, local, or tribal 

governments, or by the private sector. 

This rulemaking will not result in any 

such expenditure nor will it 

significantly or uniquely affect small 

governments. 

Executive Orders 12372 and 13132: 

Federalism 

This rulemaking 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. Nor will the rule 

have federalism implications warranting 

the application of Executive Orders No. 

12372 and No. 13132. 

Executive Order 12866: Regulatory 

Review 

Although the Department of State is 

generally exempt from the provisions of 

Executive Order 12866, it has reviewed 

this rulemaking to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

that Executive Order, and has 

determined that the benefits of the 

regulation justify any costs. The 

Department does not consider this 

rulemaking to be a significant regulatory 

action within the scope of section 3(f)(1) 

of the Executive Order. 

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: Civil Justice 

Reform 

The Department has reviewed this 

rulemaking 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 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

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 this 

rulemaking. 

The Paperwork Reduction Act of 1995 

The Department of State has 

determined that this rulemaking does 

not require any collection of 

information under the Paperwork 

Reduction Act. 

List of Subjects in 22 CFR Part 8 

Advisory Committee Management. 

Accordingly, under the authority of 

22 U.S.C. 2651a, for the reasons set forth 

in the preamble, the Department 

removes 22 CFR Part 8. 

PART 8—[REMOVED] 

Dated: January 12, 1012. 

Patrick J. Kennedy, 

Under Secretary for Management. 

[FR Doc. 2012–1851 Filed 1–26–12; 8:45 am] 

BILLING CODE 4710–08–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 103 

[DoD–2008–OS–0124; 0790–AI37] 

Sexual Assault Prevention and 

Response (SAPR) Program 

AGENCY: Department of Defense. 

ACTION: Interim final rule. 

SUMMARY: This part implements 

Department of Defense (DoD) policy and 

assigns responsibilities for the SAPR 

Program on prevention, response, and 

oversight to sexual assault. It is DoD 

policy to establish a culture free of 

sexual assault by providing an 

environment of prevention, education 

and training, response capability, victim 

support, reporting procedures, and 

accountability that enhances the safety 

and well being of all persons covered by 

the regulation. 

DATES: Effective: This rule is effective 

January 27, 2012. Comments must be 

received by March 27, 2012. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

• Federal Rulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Federal Docket Management 

System Office, 1160 Defense Pentagon, 

Washington, DC 20301–1160. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: 

Diana Rangoussis, Senior Policy 

Advisor, Sexual Assault Prevention and 

Response Office (SAPRO), (703) 696– 

9422. 

SUPPLEMENTARY INFORMATION: This rule 

is being published as an interim final 

rule to: 

a. Implement DoD policy and assign 

responsibilities for the SAPR Program 

on prevention, response, and oversight 

to sexual assault. 

b. Incorporate all applicable 

congressional mandates and all 

applicable recommendations from the 

Inspector General of the Department of 

Defense (IG, DoD), Government 

Accountability Office, and Defense Task 

Force on Sexual Assault in the Military 

Services, to include the new Defense 

Sexual Assault Incident Database 

(DSAID) that will give the Department a 

clear view of the number of incidents at 

the installation level; 

c. Address vigorous congressional and 

public interest by publishing a revised 

and comprehensive DoD policy on the 

prevention of and response to sexual 

assaults involving members of the U.S. 

Armed Forces, which affords victims 

critical and unprecedented additional 

protections under this part; and 

d. Provide field guidance and training 

requirements to the Military 

Components to ensure individual 

resilience and unit readiness in the U.S. 

Armed Forces, which may be degraded 

by sexual assault, and thus enable 


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