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Federal Register / Vol. 86, No. 43 / Monday, March 8, 2021 / Rules and Regulations
correct supplement reference in the context of this sentence. With this correction, the last sentence correctly states that . . . license application procedure and license review policy for entities specified in supplement no. 7 to part 744 is specified in 744.21d and e.
Computer Tier 3
This rule moves Burma from Computer Tier 1 to Computer Tier 3
under License Exception Computers APP, 740.7. This change limits the use of that license exception for exports and reexports to, or transfers incountry within, Burma. The placement of Burma in Country Group D:1 by this rule and movement of Burma into Computer Tier 3 supersedes the suspension of four License Exceptions announced as part of the February 18, 2021 notice, as the prior suspension was linked to Burmas placement at the time in Country Group B and in Computer Tier 1.
Export Control Reform Act of 2018
On August 13, 2018, President Donald J. Trump 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. 48014852
that 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 to be a significant regulatory action, although not
economically significant, under section 3f of Executive Order 12866.
2. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132.
3. 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.
4. 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.
5. 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 hours associated with this collection to not significantly increase with the publication of this rule.
Savings Clause Shipments of items that may no longer be made under No License Required NLR or license exception as a result of this action and were on dock for loading, on lighter, laden aboard an exporting or transferring carrier, or en route aboard a carrier to a port of export D:1
National security
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15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism 15 CFR 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, parts 740, 742, and 744
of the Export Administration Regulations 15 CFR parts 730774 are amended as follows:
PART 740LICENSE EXCEPTIONS
1. The authority citation for part 740
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.; 22 U.S.C.
7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.
740.7

Amended
2. Amend 740.7 by a. Removing Burma, from paragraph c1; and b. Adding Burma alphabetically in paragraph d1.

Supplement No. 1 to Part 740Country Groups 3. Supplement no. 1 to part 740 is amended by a. In the Country Group B table, removing Burma; and b. In the Country Group D table revising the entry for Burma to read as follows:

Supplement No. 1 to Part 740Country Groups

D:4
Missile technology

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Country Group D

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List of Subjects
D:3
Chemical &
biological
D:2
Nuclear

or reexport on April 7, 2021, pursuant to actual orders for export to Burma, reexport to Burma, or transfer in country within Burma may proceed to their destination under the prior authorization.

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D:5
U.S. Arms embargoed countries 1

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