Federal Register - August 27, 2021
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Source: Federal Register
48022
Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
continuing the modification until August 30, 2021.
The scope of control in existence prior to December 30, 2014 for USML
Category XI paragraph b and directly related software in paragraph d remains in effect. This clarification is achieved by reinserting the words analyze and produce information from and by adding software to the description of items controlled. The Department, with its interagency partners, continues to develop a longterm solution for USML Category XIb.
However, that solution will not be in place when the current temporary modification expires on August 30, 2021. Therefore, the Department has determined, for the national security and foreign policy of the United States and in the best interest of the U.S.
defense industry, to publish a final rule that extends the temporary modification of USML XIb for five years, to August 30, 2026, to allow it to be revised as part of the wholesale revision of USML
Category XI.
Regulatory Findings Administrative Procedure Act This rulemaking is exempt from section 553 Rulemaking and section 554 Adjudications of the Administrative Procedure Act APA
pursuant to 5 U.S.C. 553a1 as a military or foreign affairs function of the U.S. Government.
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.
lotter on DSK11XQN23PROD with RULES1
Congressional Review Act 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
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implementing Executive Order 12372
regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking.
Executive Orders 12866 and 13563
Category XIMilitary Electronics
Executive Orders 12866 and 13563
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, distributed 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 rulemaking is a significant but not an economically 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 3a and 3b2 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 121THE UNITED STATES
MUNITIONS LIST
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. 105261, 112
Stat. 1920; Section 1261, Pub. L. 112239;
E.O. 13637, 78 FR 16129.
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2. In 121.1, under Category XI, revise paragraph b to read as follows:
121.1
The United States Munitions List.
b Electronic systems, equipment or software, not elsewhere enumerated in this subchapter, 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.
3. Effective August 30, 2026, in 121.1, under Category XI, revise paragraph b to read as follows:
121.1
The United States Munitions List.
Category XIMilitary Electronics
b Electronic systems or equipment, not elsewhere enumerated in this subchapter, specially designed for intelligence purposes that collect, survey, monitor, or exploit the electromagnetic spectrum regardless of transmission medium, or for counteracting such activities.
Zachary A. Parker, Director, Office of Directives Management, U.S. Department of State.
FR Doc. 202118544 Filed 82621; 8:45 am BILLING CODE 471025P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 100
Docket No. USCG20210640
Special Local Regulations; Ironman Triathlon, Augusta, GA
Coast Guard, Department of Homeland Security DHS.
ACTION: Notificaion of enforcement of regulation.
AGENCY:
The Captain of the Port COTP Savannah, Georgia will enforce a special local regulation for the Ironman Triathlon in Augusta, Georgia on September 26, 2021, to provide for the safety of life on navigable waterways during this event. Our regulation for marine events within the Seventh Coast Guard District identifies the regulated
SUMMARY:
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27AUR1