80 FR 37974 - Temporary Modification of Category XI of the United States Munitions List
DEPARTMENT OF STATE Federal Register Volume 80, Issue 127 (July 2, 2015)
Federal Register Volume 80, Issue 127 (July 2, 2015)
| Page Range | 37974-37976 | |
| FR Document | 2015-16489 |
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)] [Rules and Regulations] [Pages 37974-37976] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-16489] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 121 [Public Notice: 8996] RIN 1400-AD74 Temporary Modification of Category XI of the United States Munitions List AGENCY: Department of State. ACTION: Final rule; notice of temporary modification. ----------------------------------------------------------------------- SUMMARY: The Department of State, pursuant to its regulations and in the [[Page 37975]] interest of the security of the United States, temporarily modifies Category XI of the United States Munitions List (USML). DATES: Amendatory instructions 1 and 2 are effective July 2, 2015. Amendatory instruction No. 3 is effective December 29, 2015. FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email DDTCResponseTeam@state.gov. ATTN: Temporary Modification of Category XI. SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a final rule revising Category XI of the USML, 79 FR 37535, effective December 30, 2014. This final rule, consistent with the two prior proposed rules for USML Category XI (78 FR 45017, July 25, 2013 and 77 FR 70958, November 28, 2012), revised paragraph (b) of Category XI to clarify the extent of the control and maintain the existing scope of control on items described in paragraph (b) and the directly related software described in paragraph (d). The Department has determined that exporters may read the revised control language to exclude certain intelligence analytics software that has been and remains controlled on the USML. Therefore, the Deputy Assistant Secretary of State for Defense Trade Controls determined that it is in the interest of the security of the United States to temporarily revise USML Category XI paragraph (b), pursuant to the provisions of 22 CFR 126.2, while a long term solution is developed. The Department will publish any permanent revision to USML Category XI paragraph (b) addressing this issue as a proposed rule for public comment. This temporary revision clarifies that the scope of control in existence prior to December 30, 2014 for USML paragraph (b) and directly related software in paragraph (d) remains the same. This clarification is achieved by reinserting the words ``analyze and produce information from'' and by adding software to the description of items controlled. In effect, this rule modifies USML Category XI paragraph (b) until December 29, 2015. Regulatory Findings Administrative Procedure Act The Department is publishing this rule as a final rule based upon good cause, and its determination that delaying the effect of this rule during a period of public comment would be impractical, unnecessary and contrary to public interest. 5 U.S.C. 553(b)(3)(B). In addition, the Department is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from sections 553 (rulemaking) and 554 (adjudications) of the Administrative Procedure Act (APA). Regulatory Flexibility Act Since the Department is of the opinion that this rule is exempt from the provisions of 5 U.S.C. 553, there is no requirement for an analysis under the Regulatory Flexibility Act. Unfunded Mandates Reform Act of 1995 This rulemaking 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 The Department does not believe this rulemaking is a major rule under the criteria of 5 U.S.C. 804. Executive Orders 12372 and 13132 This rulemaking 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 rulemaking. Executive Orders 12866 and 13563 The Department believes that benefits of the rulemaking outweigh any costs, which are estimated to be insignificant. It is the Department's position that this rulemaking is not a significant rule under the criteria of Executive Order 12866, and is consistent with the provisions of Executive Order 13563. Executive Order 12988 The Department of State has reviewed this rulemaking 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. 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 requirements of Executive Order 13175 do not apply to this rulemaking. Paperwork Reduction Act This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Chapter 35. List of Subjects in 22 CFR Part 121 Arms and munitions, Classified information, Exports. For reasons stated in the preamble, the State Department amends 22 CFR part 121 as follows: PART 121--THE UNITED STATES MUNITIONS LIST 0 1. The authority citation for part 121 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. 2651a; Pub. L. 105-261, 112 Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129. 0 2. In Sec. 121.1, under Category XI, revise paragraph (b), effective July 2, 2015 to read as follows: Sec. 121.1 The United States Munitions List. * * * * * Category XI--Military Electronics * * * * * *(b) Electronic systems, equipment or software, not elsewhere enumerated in this sub-chapter, specially designed for intelligence purposes that collect, survey, monitor, or exploit, or analyze and produce information from, the electromagnetic spectrum (regardless of transmission medium), or for counteracting such activities. * * * * * 0 3. In Sec. 121.1, under Category XI, revise paragraph (b), effective December 29, 2015, to read as follows: Sec. 121.1 The United States Munitions List. * * * * * Category XI--Military Electronics * * * * * *(b) Electronic systems or equipment, not elsewhere enumerated in this sub-chapter, specially designed for intelligence purposes that collect, survey, monitor, or exploit the electromagnetic spectrum (regardless of [[Page 37976]] transmission medium), or for counteracting such activities. * * * * * Kenneth B. Handelman, Deputy Assistant Secretary for Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State. [FR Doc. 2015-16489 Filed 7-1-15; 8:45 am] BILLING CODE 4710-25-P
![37974 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
regulatory approaches that maximize VIII. The Paperwork Reduction Act of PART 601—LICENSING
net benefits (including potential 1995
economic, environmental, public health ■ 1. The authority citation for 21 CFR
and safety, and other advantages; This final rule refers to previously part 601 continues to read as follows:
distributive impacts; and equity). The approved collections of information that Authority: 15 U.S.C. 1451–1561; 21 U.S.C.
Agency believes that this final rule is are subject to review by the Office of 321, 351, 352, 353, 355, 356b, 360, 360c–
not a significant regulatory action as Management and Budget (OMB) under 360f, 360h–360j, 371, 374, 379e, 381; 42
defined under Executive Order 12866. the Paperwork Reduction Act of 1995 U.S.C. 216, 241, 262, 263, 264; sec 122, Pub.
The Regulatory Flexibility Act (PRA) (44 U.S.C. 3501–3520). The L. 105–115, 111 Stat. 2322 (21 U.S.C. 355
requires Agencies to analyze regulatory collections of information in § 601.12 note).
options that would minimize any have been approved under OMB control
§ 601.2 [Amended]
significant impact of a rule on small number 0910–0338. Therefore, FDA
entities. Because this final rule generally tentatively concludes that the ■ 2. Section 601.2 is amended in
increases flexibility for safety testing requirements in this document are not paragraph (c)(1) by removing ‘‘610.11,’’.
and would result in the reduction of subject to review by OMB because they
§ 601.22 [Amended]
certain regulatory burdens and does not do not constitute a ‘‘new collection of
add any new regulatory responsibilities, information’’ under the PRA. ■ 3. Section 601.22 is amended in the
the Agency certifies that the final rule third sentence by removing ‘‘610.11,’’.
IX. Environmental Impact
will not have a significant economic
impact on a substantial number of small PART 610—GENERAL BIOLOGICAL
The Agency has determined under 21 PRODUCTS STANDARDS
entities. CFR 25.30(h) that this action is of a type
Section 202(a) of the Unfunded that does not individually or ■ 4. The authority citation for 21 CFR
Mandates Reform Act of 1995 requires cumulatively have a significant effect on part 610 continues to read as follows:
that Agencies prepare a written the human environment. Therefore,
statement, which includes an Authority: 21 U.S.C. 321, 331, 351, 352,
neither an environmental assessment 353, 355, 360, 360c, 360d, 360h, 360i, 371,
assessment of anticipated costs and nor an environmental impact statement 372, 374, 381; 42 U.S.C. 216, 262, 263, 263a,
benefits, before proposing ‘‘any rule that is required. 264.
includes any Federal mandate that may
result in the expenditure by State, local, X. Federalism § 610.11 [Removed and Reserved]
and tribal governments, in the aggregate, ■ 5. Remove and reserve § 610.11.
or by the private sector, of $100,000,000 FDA has analyzed this final rule in
or more (adjusted annually for inflation) accordance with the principles set forth § 610.11a [Removed and Reserved]
in any one year.’’ The current threshold in Executive Order 13132. FDA has
determined that the rule does not ■ 6. Remove and reserve § 610.11a.
after adjustment for inflation is $144
million, using the most current (2014) contain policies that would have
PART 680—ADDITIONAL STANDARDS
Implicit Price Deflator for the Gross substantial direct effects on the States,
FOR MISCELLANEOUS PRODUCTS
Domestic Product. FDA does not expect on the relationship between the
this final rule to result in any 1-year National Government and the States, or ■ 7. The authority citation for 21 CFR
expenditure that would meet or exceed on the distribution of power and part 680 continues to read as follows:
this amount. responsibilities among the various
Authority: 21 U.S.C. 321, 351, 352, 353,
This final rule amends the biologics levels of government. Accordingly, the 355, 360, 371; 42 U.S.C. 216, 262, 263, 263a,
regulations by removing the GST Agency has concluded that the rule does 264.
requirements for biological products not contain policies that have
found in §§ 610.11, 610.11a and federalism implications as defined in § 680.3 [Amended]
680.3(b). FDA is finalizing this action the Executive order and, consequently, ■ 8. In § 680.3, remove and reserve
because the current codified GST a federalism summary impact statement paragraph (b).
regulations are duplicative of is not required.
Dated: June 26, 2015.
requirements that are also specified in
List of Subjects Leslie Kux,
biologics licenses, or are no longer
necessary or appropriate to help ensure 21 CFR Part 601 Associate Commissioner for Policy.
the safety, purity, and potency of [FR Doc. 2015–16366 Filed 7–1–15; 8:45 am]
licensed biological products. The Administrative practice and BILLING CODE 4164–01–P
removal of the GST regulations for procedure, Biologics, Confidential
biological products, however, would not business information.
remove GST requirements specified in 21 CFR Part 610 DEPARTMENT OF STATE
individual BLAs. All manufacturers that
currently conduct a GST are already Biologics, Labeling, Reporting and 22 CFR Part 121
required, as part of the standards recordkeeping requirements. [Public Notice: 8996]
specified in their BLAs, to perform the
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
GST and would thus continue to be 21 CFR Part 680 RIN 1400–AD74
required to perform the GST unless the
Biologics, Blood, Reporting and Temporary Modification of Category XI
BLA were revised to eliminate or
recordkeeping requirements. of the United States Munitions List
modify the test through a supplement in
accordance with § 601.12. Because this Therefore under the Federal Food, AGENCY: Department of State.
rule would impose no additional Drug, and Cosmetic Act, the Public ACTION:Final rule; notice of temporary
regulatory burdens, this regulation is Health Service Act, and under authority modification.
not anticipated to result in any delegated to the Commissioner of Food
compliance costs and the economic and Drugs, 21 CFR parts 601, 610, and SUMMARY: The Department of State,
impact is expected to be minimal. 680 are amended as follows: pursuant to its regulations and in the
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![37976 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
transmission medium), or for docket, call Ms. Cheryl Collins, Program The Captain of the Port Buffalo has
counteracting such activities. Manager, Docket Operations, telephone determined that such a launch
* * * * * 202–366–9826 or 1–800–647–5527. proximate to a gathering of watercraft
SUPPLEMENTARY INFORMATION: pose a significant risk to public safety
Kenneth B. Handelman, and property. Such hazards include
Deputy Assistant Secretary for Defense Trade Table of Acronyms premature and accidental detonations,
Controls, Bureau of Political-Military Affairs, DHS Department of Homeland Security dangerous projectiles, and falling or
U.S. Department of State. FR Federal Register burning debris.
[FR Doc. 2015–16489 Filed 7–1–15; 8:45 am] NPRM Notice of Proposed Rulemaking
BILLING CODE 4710–25–P TFR Temporary Final Rule C. Discussion of the Final Rule
A. Regulatory History and Information With the aforementioned hazards in
mind, the Captain of the Port Buffalo
DEPARTMENT OF HOMELAND The Coast Guard is issuing this has determined that this temporary
SECURITY temporary final rule without prior safety zone is necessary to ensure the
notice and opportunity to comment safety of spectators and vessels during
Coast Guard pursuant to authority under section 4(a) the Alexandria Bay Chamber of
of the Administrative Procedure Act Commerce fireworks display. This zone
33 CFR Part 165 (APA) (5 U.S.C. 553(b)). This provision will be enforced from 9:15 p.m. until 10
authorizes an agency to issue a rule p.m. on July 5, 2015. This zone will
[Docket Number USCG–2015–0504] without prior notice and opportunity to encompass all waters of the Saint
RIN 1625–AA00 comment when the agency for good Lawrence River, Heart Island,
cause finds that those procedures are Alexandria Bay, NY within an 800-foot
Safety Zone; Alexandria Bay Chamber ‘‘impracticable, unnecessary, or contrary radius of position 44°20′38.5″ N and
of Commerce Fireworks Display; Saint to the public interest.’’ Under 5 U.S.C. 075°55′19.1″ W (NAD 83).
Lawrence River, Heart Island, 553(b)(B), the Coast Guard finds that Entry into, transiting, or anchoring
Alexandria Bay, NY good cause exists for not publishing a within the safety zone is prohibited
AGENCY: Coast Guard, DHS. notice of proposed rulemaking (NPRM) unless authorized by the Captain of the
with respect to this rule because doing Port Buffalo or his designated on-scene
ACTION: Temporary final rule.
so would be impracticable and contrary representative. The Captain of the Port
SUMMARY: The Coast Guard is to the public interest. The final details or his designated on-scene
establishing a temporary safety zone on for this event were not known to the representative may be contacted via
the Saint Lawrence River, Heart Island, Coast Guard until there was insufficient VHF Channel 16.
Alexandria Bay, NY. This safety zone is time remaining before the event to
publish an NPRM. Thus, delaying the D. Regulatory Analyses
intended to restrict vessels from a
portion of the Saint Lawrence River effective date of this rule to wait for a We developed this rule after
during the Alexandria Bay Chamber of comment period to run would be considering numerous statutes and
Commerce fireworks display. This impracticable and contrary to the public executive orders related to rulemaking.
temporary safety zone is necessary to interest because it would inhibit the Below we summarize our analyses
protect mariners and vessels from the Coast Guard’s ability to protect based on these statutes and executive
navigational hazards associated with a spectators and vessels from the hazards orders.
fireworks display. associated with a maritime fireworks
1. Regulatory Planning and Review
DATES: This rule is effective on July 5, display. Therefore, under 5 U.S.C.
553(d)(3), the Coast Guard finds that This rule is not a significant
2015 from 9:15 p.m. until 10 p.m.
good cause exists for making this regulatory action under section 3(f) of
ADDRESSES: Documents mentioned in
temporary rule effective less than 30 Executive Order 12866, Regulatory
this preamble are part of docket [USCG– Planning and Review, as supplemented
2015–0504]. To view documents days after publication in the Federal
Register. For the same reasons by Executive Order 13563, Improving
mentioned in this preamble as being Regulation and Regulatory Review, and
available in the docket, go to http:// discussed above, waiting for a 30 day
notice period to run would be does not require an assessment of
www.regulations.gov, type the docket potential costs and benefits under
number in the ‘‘SEARCH’’ box and click impracticable.
section 6(a)(3) of Executive Order 12866
‘‘SEARCH.’’ Click on Open Docket B. Basis and Purpose or under section 1 of Executive Order
Folder on the line associated with this The legal basis and authorities for this 13563. The Office of Management and
rulemaking. You may also visit the rule are found in 33 U.S.C. 1231, 46 Budget has not reviewed it under those
Docket Management Facility in Room U.S.C. Chapter 701, 3306, 3703; 50 Orders.
W12–140 on the ground floor of the U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, We conclude that this rule is not a
Department of Transportation West 6.04–6, and 160.5; Public Law 107–295, significant regulatory action because we
Building, 1200 New Jersey Avenue SE., 116 Stat. 2064; and Department of anticipate that it will have minimal
Washington, DC 20590, between 9 a.m. Homeland Security Delegation No. impact on the economy, will not
asabaliauskas on DSK5VPTVN1PROD with FRONTMATTER
and 5 p.m., Monday through Friday, 0170.1, which collectively authorize the interfere with other agencies, will not
except Federal holidays. Coast Guard to establish and define adversely alter the budget of any grant
FOR FURTHER INFORMATION CONTACT: If regulatory safety zones. or loan recipients, and will not raise any
you have questions on this rule, call or Between 9:15 p.m. and 10 p.m. on novel legal or policy issues. The safety
email LTJG Amanda Garcia, Chief of July 5, 2015, a fireworks display will be zone created by this rule will be
Waterways Management, U.S. Coast held on the shoreline of the Saint relatively small and enforced for a
Guard Sector Buffalo; telephone 716– Lawrence River on Heart Island in relatively short time. Also, the safety
843–9343, email Alexandria Bay, NY. It is anticipated zone is designed to minimize its impact
SectorBuffaloMarineSafety@uscg.mil. If that numerous vessels will be in the on navigable waters. Furthermore, the
you have questions on viewing the immediate vicinity of the launch point. safety zone has been designed to allow
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Document Created: 2015-12-15 13:14:56
Document Modified: 2015-12-15 13:14:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; notice of temporary modification. | |
| Dates | Amendatory instructions 1 and 2 are effective July 2, 2015. Amendatory instruction No. 3 is effective December 29, 2015. | |
| Contact | Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email [email protected] ATTN: Temporary Modification of Category XI. | |
| FR Citation | 80 FR 37974 | |
| RIN Number | 1400-AD74 | |
| CFR Associated | Arms and Munitions; Classified Information and Exports |
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