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Federal Register / Vol. 86, No. 11 / Tuesday, January 19, 2021 / Rules and Regulations
in a 9x515 or 600 series ECCN as set forth in paragraphs a12 and 13 of 740.2 that stem from Sudans placement in Country Group D:5.
5. Other U.S. Government Regulatory Obligations The amendments to the EAR made in this final rule do not apply to regulatory requirements administered by other U.S.
Government agencies, such as OFAC
and the Department of States Directorate of Defense Trade Controls.
In particular, U.S. persons should be aware of restrictions that may apply to transactions involving the Darfur region of Sudan. On October 30, 2020, President Trump continued in effect the national emergency initially declared with respect to the Government of Sudan in E.O. 13067, as expanded by subsequent E.O.s, including E.O. 13400
of April 26, 2006, due to violence in Sudans Darfur region. See Presidential Notice, 85 FR 69463 Nov. 2, 2020.
OFAC administers sanctions on individuals and entities in connection with the conflict in Darfur based on this national emergency. See Darfur Sanctions Regulations, 31 CFR part 546.
OFAC may also designate Sudanese persons under authorities apart from E.O. 13067 and E.O. 13400 and add such persons to the list of Specially Designated Nationals and Blocked Persons SDN List, available at https
www.treasury.gov/ofac. Additional information regarding OFACs sanctions programs may be located at https
www.treasury.gov/ofac.

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Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018
ECRA, 50 U.S.C. Sections 48014852.
ECRA provides the legal basis for BISs principal authorities and serves as the authority under which BIS issues this rule.
Rulemaking Requirements 1. Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distribute impacts, and equity.
Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final rule has been designated a significant regulatory
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action under section 3f of Executive Order 12866.
2. This final rule is not subject to the requirements of E.O. 13771 82 FR 9339
February 3, 2017 because it is issued with respect to a national security function of the United States. In particular, this rule implements an important U.S. foreign policy change, the rescission of Sudans designation as a State Sponsor of Terrorism, that is closely linked with U.S. national security and regional security objectives. The amendments to the EAR
made by this rule are consistent with the rescission and therefore serve U.S.
foreign policy and national security interests.
3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of 2018 50
U.S.C. 4821, this action is exempt from the Administrative Procedure Act 5
U.S.C. 553 requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.
5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared.
6. Notwithstanding any other provision of law, no person may be required to respond to or be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq. PRA, unless that collection of information displays a currently valid Office of Management and Budget OMB Control Number. This regulation involves a collection currently approved by OMB under control number 0694
0088, Simplified Network Application Processing System. The collection includes, among other things, license applications, and carries a burden estimate of 42.5 minutes for a manual or electronic submission for a total burden estimate of 31,878 hours. BIS expects the burden hour estimates associated with this collection to decrease slightly, as the removal of Anti-terrorism controls on Sudan should result in the submission of fewer license applications. Any comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, should be sent
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within 30 days of publication of this notice to http www.reginfo.gov/public/
do/PRAMain. Find this particular information collection by selecting Currently under 30-day ReviewOpen for Public Comments or by using the search function.
List of Subjects 15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and patents, Research, Science and technology.
15 CFR Parts 738 and 772
Exports.
15 CFR Parts 740, 748 and 750
Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR 746
Exports, Reporting and recordkeeping requirements.
15 CFR Parts 774
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, parts 734, 738, 740, 742, 748, 750, 772, 774 of the Export Administration Regulations 15 CFR
parts 730 through 774 are amended as follows:
PART 734SCOPE OF THE EXPORT
ADMINISTRATION REGULATIONS
1. The authority citation for part 734
continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996
Comp., p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13637, 78 FR 16129, 3 CFR, 2014 Comp., p.
223; Notice of November 12, 2019, 84 FR
61817, 3 CFR, 2019 Comp., p. 479.
734.4

Amended
2. Amend 734.4 by removing Sudan, from paragraph a1.

PART 738COMMERCE CONTROL
LIST OVERVIEW AND THE COUNTRY
CHART
3. The authority citation for part 738
continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.
8720; 10 U.S.C. 8730e; 22 U.S.C. 287c; 22
U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22
U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824;

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