___________________________________________________________________ Title 3--
The President
[[Page 76647]]
Proclamation 7970 of December 22, 2005
To Take Certain Actions Under the African Growth and Opportunity Act
By the President of the United States of America A Proclamation
1. Section 506A(a)(1) of the Trade Act of 1974 (the ``1974 Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the African Growth and Opportunity Act (title I of Public Law 106-200) (AGOA), authorizes the President to designate a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan African country'' if the President determines that the country meets the eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set forth in section 502 of the 1974 Act (19 U.S.C. 2462). 2. Section 104 of the AGOA authorizes the President to designate a country listed in section 107 of the AGOA as an ``eligible sub-Saharan African country'' if the President determines that the country meets certain eligibility requirements.
3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) provides special rules for certain apparel articles imported from ``lesser developed beneficiary sub-Saharan African countries.'' 4. In Proclamation 7350 of October 2, 2000, the President designated the Islamic Republic of Mauritania (Mauritania) as a beneficiary sub-Saharan African country pursuant to section 506A(a)(1) of the 1974 Act and provided that it would be considered a lesser developed beneficiary sub-Saharan African country for purposes of section 112(b)(3)(B) of the AGOA. 5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes the President to terminate the designation of a country as a beneficiary sub-Saharan African country for purposes of section 506A if he determines that the country is not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act.
6. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 1974 Act, I have determined that the Republic of Burundi (Burundi) meets the eligibility requirements set forth or referenced therein, and I have decided to designate Burundi as an eligible sub- Saharan African country and as a beneficiary sub- Saharan African country.
7. I further determine that Burundi satisfies the criterion for treatment as a ``lesser developed beneficiary sub-Saharan African country'' under section 112(b)(3)(B) of the AGOA.
8. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined that Mauritania is not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act. Accordingly, I have decided to terminate the designation of Mauritania as a beneficiary sub-Saharan African country for purposes of section 506A of the 1974 Act, effective on January 1, 2006.
9. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes the President to embody in the Harmonized Tariff Schedule (HTS) of the United States the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder.
[[Page 76648]]
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under authority vested in me by the Constitution and the laws of the United States of America, including but not limited to section 104 of the AGOA and sections 506A and 604 of the 1974 Act, do proclaim that:
(1) Burundi is designated as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country.
(2) In order to reflect this designation in the HTS, general note 16(a) to the HTS is modified by inserting in alphabetical sequence in the list of beneficiary sub-Saharan African countries ``Republic of Burundi.'' (3) For purposes of section 112(b)(3)(B) of the AGOA, Burundi is a lesser developed beneficiary sub-Saharan African country.
(4) The designation of Mauritania as a beneficiary sub-Saharan African country for purposes of section 506A of the 1974 Act is terminated, effective on January 1, 2006.
(5) In order to reflect in the HTS that beginning January 1, 2006, Mauritania shall no longer be designated as a beneficiary sub-Saharan African country, general note 16(a) to the HTS is modified by deleting ``Islamic Republic of Mauritania'' from the list of beneficiary sub-Saharan African countries. Further, U.S. note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by removing ``Islamic Republic of Mauritania'' from the list of lesser developed beneficiary sub-Saharan African countries. (6) The modifications to the HTS made by paragraphs 2 and 5 of this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after January 1, 2006. (7) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth. (Presidential Sig.)B
[FR Doc. 05-24581 Filed 12-23-05; 9:51 am]
Billing code 3195-01-P


]]> http://thefederalregister.com/d.p/2005-12-27-05-24581 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-05-24595

___________________________________________________________________ Title 3--
The President
[[Page 76651]]
Proclamation 7971 of December 22, 2005
To Implement the United States-Morocco Free Trade Agreement
By the President of the United States of America A Proclamation
1. On June 15, 2004, the United States entered into the United States-Morocco Free Trade Agreement (USMFTA). The USMFTA was approved by the Congress in section 101(a) of the United States-Morocco Free Trade Agreement Implementation Act (the ``USMFTA Act'') (Public Law 108-302, 118 Stat. 1103) (19 U.S.C. 3805 note).
2. Section 105(a) of the USMFTA Act authorizes the President to establish or designate within the Department of Commerce an office that shall be responsible for providing administrative assistance to panels established under Chapter 20 of the USMFTA. 3. Section 201 of the USMFTA Act authorizes the President to proclaim such modifications or continuation of any duty, such continuation of duty- free or excise treatment, or such additional duties as the President determines to be necessary or appropriate to carry out or apply Articles 2.3, 2.5, 2.6, 4.1, 4.3.9, 4.3.10, 4.3.11, 4.3.13, 4.3.14, and 4.3.15, and the schedule of reductions with respect to Morocco set forth in Annex IV of the USMFTA.
4. Consistent with section 201(a)(2) of the USMFTA Act, Morocco is to be removed from the enumeration of designated beneficiary developing countries eligible for the benefits of the Generalized System of Preferences (GSP). Further, consistent with section 604 of the Trade Act of 1974 (the ``1974 Act'') (19 U.S.C. 2483), as amended, I have determined that other technical and conforming changes to the Harmonized Tariff Schedule of the United States (HTS) are necessary to reflect that Morocco is no longer eligible to receive benefits of the GSP.
5. Section 203 of the USMFTA Act provides certain rules for determining whether a good is an originating good for the purposes of implementing preferential tariff treatment under the USMFTA. I have decided that it is necessary to include these rules of origin, together with particular rules applicable to certain other goods, in the HTS.
6. Section 204 of the USMFTA Act authorizes the President to take certain enforcement actions relating to trade with Morocco in textile and apparel goods. 7. Subtitle B of title III of the USMFTA Act authorizes the President to take certain actions in response to a request by an interested party for relief from serious damage or actual threat thereof to a domestic industry producing certain textile or apparel articles. 8. Executive Order 11651, as amended, establishes the Committee for the Implementation of Textile Agreements (CITA) to supervise the implementation of textile trade agreements.
9. Section 604 of the 1974 Act, as amended, authorizes the President to embody in the HTS the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder.
[[Page 76652]]
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under authority vested in me by the Constitution and the laws of the United States of America, including but not limited to sections 201, 203, 204, and 321-328 of the USMFTA Act, section 301 of title 3, United States Code, and section 604 of the 1974 Act, do proclaim that:
(1) In order to provide generally for the preferential tariff treatment being accorded under the USMFTA, to set forth rules for determining whether goods imported into the customs territory of the United States are eligible for preferential tariff treatment under the USMFTA, to provide certain other treatment to originating goods for the purposes of the USMFTA, to provide tariff-rate quotas with respect to certain originating goods, to reflect Morocco's removal from the enumeration of designated beneficiary developing countries for purposes of the GSP, and to make technical and conforming changes in the general notes to the HTS, the HTS is modified as set forth in Annex I of Publication No. 3721 of the United States International Trade Commission, entitled ``Modifications to the Harmonized Tariff Schedule of the United States Implementing the United States-Morocco Free Trade Agreement'' (Publication 3721), which is incorporated by reference into this proclamation.
(2) In order to implement the initial stage of duty elimination provided for in the USMFTA, and to provide for future staged reductions in duties for products of Morocco for purposes of the USMFTA, the HTS is modified as provided in Annex II of Publication 3721, effective on the dates specified in the relevant sections of such publication and on any subsequent dates set forth for such duty reductions in that publication.
(3) The Secretary of Commerce is authorized to exercise my authority under section 105(a) of the USMFTA Act to establish or designate an office within the Department of Commerce to carry out the functions set forth in that section.
(4) (a) The amendments to the HTS made by paragraphs (1) and (2) of this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after the relevant dates indicated in Annex II to Publication 3721.
(b) Except as provided in paragraph 4(a) of this proclamation, this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after January 1, 2006. (5) The CITA is authorized to exercise my authority under section 204 of the USMFTA Act to exclude textile and apparel goods from the customs territory of the United States; to determine whether an enterprise's production of, and capability to produce, goods are consistent with statements by the enterprise; to find that an enterprise has knowingly or willfully engaged in circumvention; and to deny preferential tariff treatment to textile and apparel goods.
(6) The CITA is authorized to exercise my authority under subtitle B of title III of the USMFTA Act to review requests, and to determine whether to commence consideration of such requests; to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment; to determine whether imports of a Moroccan textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article; and to provide relief from imports of an article that is the subject of such a determination.
(7) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency.
[[Page 76653]]
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thirtieth. (Presidential Sig.)B
[FR Doc. 05-24595 Filed 12-23-05; 12:29 pm]
Billing code 3195-01-P


]]> http://thefederalregister.com/d.p/2005-12-27-05-24595 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-05-24596 Executive Order 13393 of December 22, 2005

Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102-40; section 3(d) of Public Law 108-445) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior executives in the Senior Executive Service, as established pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of basic pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof: (a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), section 140 of Public Law 97-92, and section 405 of Public Law 109-115) at Schedule 7. Sec. 4. Uniformed Services. Pursuant to section 601(a)- (b) of Public Law 108-375, the rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section 5304 of title 5, United States Code, and section 843 of Public Law 109-115, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register. Sec. 6. Administrative Law Judges. The rates of basic pay for administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2006. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2006. [[Page 76656]]
Sec. 8. Prior Order Superseded. Executive Order 13368 of December 30, 2004, is superseded.
(Presidential Sig.)B
THE WHITE HOUSE,
December 22, 2005.
[[Page 76657]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.003
[[Page 76658]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.004
[[Page 76659]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.005
[[Page 76660]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.006
[[Page 76661]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.007
[[Page 76662]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.008
[[Page 76663]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.009
[[Page 76664]]
[GRAPHIC] [TIFF OMITTED] TR27DE05.010
[FR Doc. 05-24596 Filed 12-23-05; 12:29 pm] Billing code 3195-01-P
]]> http://thefederalregister.com/d.p/2005-12-27-05-24596 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-05-24597 Executive Order 13394 of December 22, 2005

Providing an Order of Succession Within the Department of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et. seq., it is hereby ordered as follows:
Section 1. Subject to the provisions of section 3 of this order, the officers named in section 2, in the order listed, shall act as and perform the functions and duties of the office of the Secretary of Defense (Secretary) during any period when the Secretary has died, resigned, or is otherwise unable to perform the functions and duties of the office of Secretary. Sec. 2. Order of Succession.
(a) Deputy Secretary of Defense;
(b) Under Secretary of Defense for Intelligence; (c) Under Secretary of Defense for Policy; (d) Under Secretary of Defense for Acquisition, Technology, and Logistics;
(e) Secretary of the Army;
(f) Secretary of the Air Force;
(g) Secretary of the Navy;
(h) Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense (Comptroller);
(i) Deputy Under Secretary of Defense for Acquisition and Technology, Deputy Under Secretary of Defense for Policy, and Deputy Under Secretary of Defense for Personnel and Readiness;
(j) General Counsel of the Department of Defense, the Assistant Secretaries of Defense, and the Director of Operational Test and Evaluation;
(k) Deputy Under Secretary of Defense for Logistics and Material Readiness and the Director of Defense Research and Engineering;
(l) Under Secretaries of the Army, the Navy, and the Air Force; and
(m) Assistant Secretaries of the Army, the Navy, and the Air Force, and General Counsels of the Army, the Navy, and the Air Force.
Sec. 3. Exceptions. (a) No individual who is serving in an office listed in section 2(a)-(m) in an acting capacity shall act as Secretary pursuant to this order. (b) Precedence among officers designated within the same subsection of section 2 of this order shall be determined by the order in which they have been appointed to such office by the President. Where officers designated within the same subsection of section 2 of this order are appointed on the same date, precedence will be determined by the order in which they have taken the oath to serve in that office. (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in designating an acting Secretary.
Sec. 4. Judicial Review. This order is intended to improve the internal management of the executive branch and is not intended to, and does
[[Page 76666]]
not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.
Sec. 5. Revocation. Executive Order No. 13000 of April 24, 1996, and the President's memorandum of June 2, 2005, entitled: ``Order of Succession of Officers to Act as Secretary of Defense,'' are hereby revoked. (Presidential Sig.)B
THE WHITE HOUSE,
December 22, 2005.
[FR Doc. 05-24597
Filed 12-23-05; 12:29 pm]
Billing code 3195-01-P
]]> http://thefederalregister.com/d.p/2005-12-27-05-24597 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-05-24598 Memorandum of December 22, 2005
Order of Succession of Officers to Act as
Secretary of Defense
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et. seq., and notwithstanding the Executive Order I issued today entitled, ``Providing an Order of Succession within the Department of Defense'' (the order), it is hereby ordered as follows: (1) Subject to the provisions of paragraphs 2 and 4 of this memorandum, the Acting Deputy Secretary of Defense, as designated by the President, shall act as and perform the functions and duties of the office of the Secretary of Defense (Secretary) during any period when the Secretary has died, resigned, or is otherwise unable to perform functions and duties of the office of the Secretary.
(2) The provisions of paragraph 1 of this memorandum shall only apply if, at the time of the death, resignation, or inability of the Secretary, the Acting Deputy Secretary of Defense meets one or more of the criteria established in section 3345(a)(1)-(3) of title 5, United States Code.
(3) In all other respects, the order shall remain in effect.
(4) The authority of this memorandum shall terminate upon the first appointment by the President of a Deputy Secretary of Defense to occur subsequent to this memorandum, unless sooner terminated by operation of law or by the President.
(5) You are authorized and directed to publish this memorandum in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
Washington, December 22, 2005.
[FR Doc. 05-24598 Filed 12-23-05; 12:29 pm]
Billing code 5004-04-P


]]> http://thefederalregister.com/d.p/2005-12-27-05-24598 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-05-24599 Memorandum of December 22, 2005
Provision of Aviation Insurance Coverage for Commercial Air Carrier Service in Domestic and International Operations
Memorandum for the Secretary of Transportation By the authority vested in me by 49 U.S.C. 44302, et seq., I hereby:
1. determine that continuation of U.S.-flag commercial air service is necessary in the interest of air commerce, national security, and the foreign policy of the United States.
2. approve provision by the Secretary of Transportation of insurance or reinsurance to U.S.-flag air carriers against loss or damage arising out of any risk from the operation of an aircraft in the manner and to the extent provided in Chapter 443 of 49 U.S.C.: (a) until August 31, 2006;
(b) after August 31, 2006, but no later than December 31, 2006, when he determines that such insurance or reinsurance cannot be obtained on reasonable terms and conditions from any company authorized to conduct an insurance business in a State of the United States; and
3. delegate to the Secretary of Transportation the authority, vested in me by 49 U.S.C. 44306(c), to extend this determination for additional periods beyond August 31, 2006, but no later than December 31, 2006, when he finds that the continued operation of aircraft to be insured or reinsured is necessary in the interest of air commerce or the national security, or to carry out the foreign policy of the United States Government. You are directed to bring this determination immediately to the attention of all air carriers within the meaning of 49 U.S.C. 40102(2), and to arrange for its publication in the Federal Register.
(Presidential Sig.)B
THE WHITE HOUSE,
Washington, December 22, 2005.
[FR Doc. 05-24599 Filed 12-23-05; 12:29 pm]
Billing code 4910-62-P


]]> http://thefederalregister.com/d.p/2005-12-27-05-24599 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-05-24479 ]]> http://thefederalregister.com/d.p/2005-12-27-05-24479 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-E5-7801 ]]> http://thefederalregister.com/d.p/2005-12-27-E5-7801 Tue, Dec 27 2005 11:00:00 GMT http://thefederalregister.com/d.p/2005-12-27-E5-7802 ]]> http://thefederalregister.com/d.p/2005-12-27-E5-7802 Tue, Dec 27 2005 11:00:00 GMT