Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 55441 

taxation pursuant to 26 U.S.C. 501(c)(3), 

their fee may be reduced to the Tier 1 

registration fee provided a copy of their 

certification letter from the Internal 

Revenue Service is submitted with their 

registration package. To be eligible, the 

registrant and all of its subsidiaries/ 

affiliates must be exempt from income 

taxation pursuant to 26 U.S.C. 501(c)(3). 

(5) The fee for registrants whose total 

registration fee is greater than 3% of the 

total value of applications for whom the 

Directorate of Defense Trade Controls 

has reviewed, adjudicated or issued a 

response during the 12-month period 

ending 90 days prior to expiration of the 

current registration will be reduced to 

3% of such total application value or 

$2,750, which ever is greater. 

(6) For those renewing a registration, 

notice of the fee due for the next year’s 

registration will be sent to the registrant 

of record at least 60 days prior to its 

expiration date. 

(7) For purposes of this subsection, 

‘‘applications’’ refers to the actions 

enumerated within parts 123 through 

126 of this subchapter that require the 

Directorate of Defense Trade Controls to 

review, adjudicate and issue responses. 

Only those applications that the 

Department has taken final action on 

and provided response to will be 

counted in determining the annual 

registration fee. Those applications that 

are ‘‘returned without action’’ or 

‘‘denied’’ will not be counted. 

* * * * * 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

■ 4. The authority citation for part 129 

continues to read as follows: 

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

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

■ 5. Section 129.4 is amended by 

revising paragraph (a) to read as follows: 

§ 129.4 Registration statement and fees. 

(a) General. The Department of State 

Form DS–2032 (Statement of 

Registration) and the transmittal letter 

meeting the requirements of § 122.2(b) 

of this subchapter must be submitted by 

an intended registrant with a payment 

by check, payable to the Department of 

State, of the fees prescribed in Section 

122.3(a) of this subchapter. Foreign 

brokers must submit a check in U.S. 

dollars payable through a U.S. financial 

institution that includes the registrant’s 

legal name and address on the check. 

The Statement of Registration and 

transmittal letter must be signed by a 

senior officer (e.g., Chief Executive 

Officer, President, Secretary, Partner, 

Member, Treasurer, General Counsel) 

who has been empowered by the 

intended registrant to sign such 

documents. The intended registrant 

shall also submit documentation that 

demonstrates that it is incorporated or 

otherwise authorized to do business in 

the United States. The requirement to 

submit a Department of State Form DS– 

2032 and to submit documentation 

demonstrating incorporation or 

authorization to do business in the 

United States does not exclude foreign 

persons from the requirement to 

register. Foreign persons who are 

required to register shall provide 

information that is substantially similar 

in content as that which a U.S. person 

would provide under this provision 

(e.g., foreign business license or similar 

authorization to do business). The 

Directorate of Defense Trade Controls 

will notify the registrant if the 

Statement of Registration is incomplete 

either by notifying the registrant of what 

information is required or through the 

return of the entire registration package 

with payment. Registrants may not 

establish new entities for the purpose of 

reducing registration fees. 

* * * * * 

Dated: September 19, 2008. 

John C. Rood, 

Acting Under Secretary for Arms Control and 

International Security, Department of State. 

[FR Doc. E8–22574 Filed 9–24–08; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 6368] 

Amendment to the International Arms 

Traffic in Arms Regulations: Rwanda 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

removing Rwanda from its regulations 

on prohibited exports and sales to 

certain countries as a result of United 

Nations Security Council (UNSC) 

Resolution 1823, which terminated 

remaining arms sanctions against 

Rwanda. 

DATES: This rule is effective September 

25, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Memos, Office of Defense 

Trade Controls Policy, Department of 

State, Telephone (202) 663–2804 or Fax 

(202) 261–8199; e-mail 

DDTCResponseTeam@state.gov. 

SUPPLEMENTARY INFORMATION: On July 

10, 2008, the UNSC adopted Resolution 

1823, which terminated remaining 

prohibitions of defense exports to nongovernmental entities and persons in 

Rwanda, and to such entities and 

persons in states neighboring Rwanda if 

such sale was intended for use within 

Rwanda, and which also terminated the 

prohibition of the resale or retransfer of 

defense items from the Government of 

Rwanda to any state neighboring 

Rwanda, or persons not in the service of 

the Government of Rwanda. 

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 procedures in 5 U.S.C 553, it does 

not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates 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. 


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55442 Federal Register / Vol. 73, No. 187 / Thursday, September 25, 2008 / Rules and Regulations 

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. 

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 126 

Arms and munitions, Exports. 

■ Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, Part 126 is amended as follows: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 1. 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. 

§ 126.1 [Amended] 

■ 2. In § 126.1: 

■ A. Remove paragraph (c)(8). 

■ B. Redesignate paragraphs (c)(9), 

(c)(10), and (c)(11) as paragraphs (c)(8), 

(c)(9), and (c)(10), respectively. 

■ C. Remove and reserve paragraph (h). 

Dated: September 11, 2008. 

John C. Rood, 

Acting Under Secretary for Arms Control and 

International Security, Department of State. 

[FR Doc. E8–22578 Filed 9–24–08; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

on the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: 

William R. Blanton, Jr., Engineering 

Management Branch, Mitigation 

Directorate, Federal Emergency 

Management Agency, 500 C Street, SW., 

Washington, DC 20472, (202) 646–3151. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Assistant 

Administrator of the Mitigation 

Directorate has resolved any appeals 

resulting from this notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

■ Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 


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