Addition of the New State of the Republic of South Sudan to the Export Administration Regulations, 41046-41048 [2011-17607]
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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Rules and Regulations
conditions, the Model G250 airplane
must comply with the fuel-vent and
exhaust-emission requirements of 14
CFR part 34 and the noise-certification
requirements of 14 CFR part 36; and the
FAA must issue a finding of regulatory
adequacy under § 611 of Public Law 92–
574, the ‘‘Noise Control Act of 1972.’’
The FAA issues special conditions, as
defined in 14 CFR 11.19, in accordance
with § 11.38, and they become part of
the type-certification basis under
§ 21.17(a)(2).
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Novel or Unusual Design Features
The Model G250 airplane will
incorporate the following novel or
unusual design features:
The Model G250 airplane is equipped
with an electronic flight control system
that provides control through the pilot
inputs to the flight computer. This novel
design feature is not covered in the
current roll-maneuver airworthiness
regulations of § 25.349(a). The current
regulations do not address any
nonlinearities or other effects upon roll
control that may be caused by electronic
flight controls. Therefore, special
conditions are necessary to establish
appropriate design standards for the
GALP Model G250 airplane type design.
Discussion
The GALP Model G250 airplane is
equipped with an electronic spoilercontrol system and a mechanical
aileron-control system that provide roll
control of the aircraft through pilot
inputs. An electronic control unit
operates the roll spoilers to assist the
ailerons in roll control of the aircraft.
Current part 25 airworthiness
regulations account for control laws for
which lateral control-surface deflection
is proportional to control-stick
deflection. They do not address any
nonlinearities or other effects on rollcontrol-surface actuation that may be
caused by electronic flight controls.
Since this type of system may affect
flight loads, and therefore the structural
capability of the airplane, specific
regulations are needed to address these
effects.
These special conditions differ from
current requirements in that they
require roll maneuvers to result from
defined movements of the cockpit roll
control, as opposed to defined aileron
deflections. These special conditions
require an additional load condition at
design maneuvering speed VA, in which
the cockpit roll control is returned to
neutral following the initial roll input.
These special conditions are limited
to the roll axis only. Special conditions
are no longer needed for the yaw axis
because § 25.351 was revised at
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Amendment 25–91 to take into account
the effects of an electronic flight control
system for this control axis.
Applicability
As discussed above, these special
conditions are applicable to the GALP
Model G250 airplane. Should GALP
apply at a later date for a change to the
type certificate to include another
model incorporating the same novel or
unusual design feature, the special
conditions would apply to that model as
well.
Conclusion
This action affects only certain novel
or unusual design features on the GALP
Model G250 airplane. It is not a rule of
general applicability and it affects only
the applicant who applied to the FAA
for approval of these features on the
airplane.
The FAA has determined that prior
public notice and comment are
unnecessary and impracticable, and
good cause exists for adopting these
special conditions upon issuance.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the typecertification basis for GALP Model G250
airplane.
The following conditions, speeds, and
cockpit roll-control motions (except as
the motions may be limited by pilot
effort) must be considered in
combination with an airplane load
factor of zero, and of two-thirds of the
positive maneuvering factor used in the
design. In determining the resulting
control-surface deflections, the torsional
flexibility of the wing must be
considered in accordance with
§ 25.301(b):
In lieu of compliance with § 25.349(a):
1. Conditions corresponding to steady
rolling velocities must be investigated.
In addition, conditions corresponding to
maximum angular acceleration must be
investigated for airplanes with engines
or other weight concentrations outboard
of the fuselage. For the angularacceleration conditions, zero rolling
velocity may be assumed in the absence
of a rational time-history investigation
of the maneuver.
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2. At VA, sudden movement of the
cockpit roll control up to the limit is
assumed. The position of the cockpit
roll control must be maintained until a
steady roll rate is achieved and then
must be returned suddenly to the
neutral position.
3. At design cruising speed VC, the
cockpit roll control must be moved
suddenly and maintained so as to
achieve a roll rate not less than that
obtained in Special Condition 2, above.
4. At design diving speed VD, the
cockpit roll control must be moved
suddenly and maintained so as to
achieve a roll rate not less than one
third of that obtained in Special
Condition 2, above.
Issued in Renton, Washington, on July 1,
2011.
Jeffrey E. Duven,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2011–17534 Filed 7–12–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738 and 740
[Docket No. 110525299–1322–01]
RIN 0694–AF27
Addition of the New State of the
Republic of South Sudan to the Export
Administration Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this final rule, the Bureau
of Industry and Security (BIS) amends
the Export Administration Regulations
(EAR) to add controls on exports and
reexports of U.S.-origin dual-use items
to a new nation, the Republic of South
Sudan. In January 2011, a referendum
was held in the region of Southern
Sudan to determine whether that region
would remain part of Sudan or become
a separate, independent nation. On
February 7, 2011, the referendum
commission announced that the region
of Southern Sudan had voted to become
a separate nation, effective July 9, 2011.
On February 7, 2011, recognizing this
historic milestone in the
implementation of the Comprehensive
Peace Agreement (CPA), President
Obama announced the intention of the
United States to formally recognize the
Republic of South Sudan as a sovereign
state in July, 2011.
BIS is therefore amending the EAR to
reflect the July 9, 2011 formal
SUMMARY:
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Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Rules and Regulations
recognition by adding the new nation,
the Republic of South Sudan, to the
Commerce Country Chart and including
it in Country Group B, which will
render the destination eligible for
certain export and reexport License
Exceptions. The controls that continue
to apply to ‘‘Sudan’’ under the EAR will
not apply to the Republic of South
Sudan.
DATES: This rule is effective July 9,
2011.
FOR FURTHER INFORMATION CONTACT:
Susan Kramer, Foreign Policy Controls
Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry
and Security, Telephone: (202) 482–
3241, or E-mail:
Susan.Kramer@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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Background
Transition to the New and Independent
State of the Republic of South Sudan
The Republic of the Sudan (‘‘Sudan’’),
referred to as ‘‘Sudan’’ in the EAR, was
designated by the Secretary of State as
a state sponsor of terrorism under U.S.
law on August 12, 1993 (58 FR 52523,
Oct. 8, 1993). On November 3, 1997, the
President issued Executive Order (E.O.)
13067 (Blocking Sudanese Government
Property and Prohibiting Transactions
with Sudan), imposing comprehensive
economic sanctions against Sudan
because of the policies and actions of
the Government of Sudan, including its
continued support for international
terrorism.
Consistent with the state sponsor of
terrorism designation, the Department of
Commerce imposed anti-terrorism
controls on Sudan under the authority
of Section 6 of the Export
Administration Act of 1979, as amended
(EAA). Specifically, Section 742.10 of
the EAR restricts the export or reexport
to Sudan of most items subject to the
EAR that are listed on the Commerce
Control List (CCL).
On January 9, 2005, the Government
of the Republic of the Sudan and the
Sudan People’s Liberation Movement
signed the Comprehensive Peace
Agreement (CPA) ending the 22-year
civil war, and in October, 2006,
pursuant to E.O. 13412 the regional
government of Southern Sudan was
excluded from the definition of the
‘‘Government of Sudan’’ set forth in E.O.
13067, consistent with Sec. 8(e) of the
Darfur Peace and Accountability Act of
2006.
Pursuant to the constitution
developed under the CPA, in January
2011, a referendum was held in the
region of Southern Sudan to determine
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16:32 Jul 12, 2011
Jkt 223001
whether that region would remain part
of Sudan or become a separate,
independent nation. On February 7,
2011, the referendum commission
announced that the region of Southern
Sudan had voted to become a separate
nation, effective July 9, 2011.
Recognizing this historic milestone in
the implementation of the CPA, on
February 7, 2011, President Obama
announced the intention of the United
States to formally recognize the
Republic of South Sudan as a sovereign
state. BIS is therefore amending the EAR
to reflect this formal recognition as of
July 9, 2011, by adding the new nation
of the Republic of South Sudan to the
Commerce Country Chart and including
the new nation as part of Country Group
B, which will render the destination
eligible for certain export and reexport
License Exceptions. The controls that
continue to apply to ‘‘Sudan’’ under the
EAR will not apply to the Republic of
South Sudan. Through this amendment,
BIS imposes appropriate export control
requirements for U.S.-origin dual-use
exports and reexports to the new nation.
Amendments to the EAR To Add the
Republic of South Sudan
This rule adds the Republic of South
Sudan to the Commerce Country Chart
in Supplement No. 1 to Part 738 of the
EAR and adds appropriate ‘‘X’’ symbols
denoting license requirements
implementing these controls for the new
country. It also adds the new country to
Country Group B in Supplement No. 1
to Part 740 of the EAR. Country Group
B includes a wide range of countries
raising relatively few national security
concerns. Countries in Country Group B
are eligible for several License
Exceptions not available for exports or
reexports to countries in Country
Groups D or E. The EAR will now list
two countries with ‘‘Sudan’’ in their
names: the Republic of the Sudan,
referred to as ‘‘Sudan’’ in the EAR, the
capital city of which is Khartoum, and
the Republic of South Sudan, the capital
of which is expected to be Juba. With
the publication of this rule, BIS will
require a license for the export or
reexport to the Republic of South Sudan
of items controlled unilaterally for
regional stability and crime control
reasons, and items controlled by the
multilateral export control regimes
(Australia Group, Wassenaar
Arrangement, Chemical/Biological
Weapons Conventions, Nuclear
Suppliers Group, Missile Technology
Control Regime). Other reasons for
control under the EAR also may apply.
This rule does not change the existing
license requirements or licensing policy
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41047
for exports and reexports of items to any
other country under the EAR.
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse and the
President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001
Comp., p. 783 (2002)), as extended most
recently by the Notice of August 16,
2010 (75 FR 50681, August 16, 2010),
has continued the EAR in effect under
the International Emergency Economic
Powers Act. BIS continues to carry out
the provisions of the Act, as appropriate
and to the extent permitted by law,
pursuant to Executive Order 13222.
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, distributive 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 rule
has been designated a ‘‘significant
regulatory action’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed
by the Office of Management and
Budget.
2. Notwithstanding any other
provisions of law, no person is required
to respond to nor 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 rule
involves a collection of information
subject to the PRA. This collection has
been approved by the Office of
Management and Budget under control
number 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
expected to increase as a result of this
rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. Pursuant to 5 U.S.C. 553(a)(1), the
provisions of the Administrative
Procedure Act requiring notice of
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41048
Federal Register / Vol. 76, No. 134 / Wednesday, July 13, 2011 / Rules and Regulations
proposed rulemaking, the opportunity
for public participation, and a delay in
effective date, are inapplicable because
this regulation involves a military or
foreign affairs function of the United
States. (See 5 U.S.C. 553(a)(1)). This
final rule implements the United States
new policy to recognize the new and
independent state of the Republic of
South Sudan as announced by the
President. No other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule. 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. Therefore,
this regulation is issued in final form. In
addition, the Department finds good
cause under 5 U.S.C. 553(d)(3) to waive
the 30-day delay in effectiveness for the
reasons provided above. Accordingly,
this regulation is made effective
immediately upon publication.
List of Subjects
4. Supplement No. 1 to Part 740—
Country Groups—is amended by adding
in alphabetical order ‘‘South Sudan,
Republic of’’ to ‘‘Country Group B’’.
■
Dated: July 6, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2011–17607 Filed 7–8–11; 4:15 pm]
BILLING CODE 3510–33–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Part 1
RIN 3038–AD23
Commodity Futures Trading
Commission.
ACTION: Final rule.
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, parts 738 and 740 of the
EAR (15 CFR parts 730–774) are
amended as follows:
PART 738—[AMENDED]
1. The authority citation for 15 CFR
Part 738 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 12, 2010, 75
FR 50681 (August 16, 2010).
Supplement No. 1 to Part 738—
[Amended]
2. Supplement No. 1 to part 738—
Commerce Country Chart—is amended
■ a. By adding in alphabetical order the
‘‘Country’’ ‘‘South Sudan, Republic of’’;
and
■ b. By adding for ‘‘South Sudan,
Republic of’’ an ‘‘X’’ in columns ‘‘CB1’’,
‘‘CB2’’, ‘‘NP1’’, ‘‘NS1’’, ‘‘NS2’’, ‘‘MT1’’,
‘‘RS1’’, ‘‘RS2’’, ‘‘CC1’’ and ‘‘CC3’’.
■
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Authority: 50 U.S.C. app. 2401 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; Notice of August 12, 2010, 75
FR 50681 (August 16, 2010).
AGENCY:
Exports.
16:32 Jul 12, 2011
3. The authority citation for 15 CFR
Part 740 continues to read as follows:
■
Agricultural Commodity Definition
15 CFR Part 738
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PART 740—[AMENDED]
Jkt 223001
The Commodity Futures
Trading Commission (‘‘Commission’’ or
‘‘CFTC’’) is charged with proposing
rules to implement new statutory
provisions enacted by Title VII of the
Dodd-Frank Wall Street Reform and
Consumer Protection Act (‘‘Dodd-Frank
Act’’). The Dodd-Frank Act, which
amends the Commodity Exchange Act
(‘‘CEA’’ or ‘‘Act’’), includes provisions
applicable to ‘‘a swap in an agricultural
commodity (as defined by the [CFTC]).’’
Neither Congress nor the CFTC has
previously defined that term for
purposes of the CEA or CFTC
regulations. On October 26, 2010, the
Commission requested comment on a
proposed definition. After reviewing the
comments submitted in response to the
proposed definition, the Commission
has determined to issue these final rules
in essentially the same form as
originally proposed, subject to a minor
revision to the commodity-based index
provision.
DATES: Effective Date—September 12,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Donald Heitman, Senior Special
Counsel, (202) 418–5041,
dheitman@cftc.gov, or Ryne Miller,
Attorney Advisor, (202) 418–5921,
rmiller@cftc.gov, Division of Market
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Fmt 4700
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Oversight, Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street, NW., Washington, DC
20581.
SUPPLEMENTARY INFORMATION:
Part I—Background
On July 21, 2010, President Obama
signed the Dodd-Frank Wall Street
Reform and Consumer Protection Act.1
Title VII of the Dodd-Frank Act 2
amended the CEA 3 to establish a
comprehensive new regulatory
framework for swaps and security-based
swaps. The legislation was enacted to
reduce risk, increase transparency, and
promote market integrity within the
financial system by, among other things:
(1) Providing for the registration and
comprehensive regulation of swap
dealers and major swap participants; (2)
imposing clearing and trade execution
requirements on standardized derivative
products; (3) creating robust
recordkeeping and real-time reporting
regimes; and (4) enhancing the
Commission’s rulemaking and
enforcement authorities with respect to,
among others, all registered entities and
intermediaries subject to the
Commission’s oversight.
The Dodd-Frank Act includes
provisions applicable to ‘‘a swap in an
agricultural commodity (as defined by
the [CFTC]).’’ Neither Congress nor the
CFTC has previously defined
‘‘agricultural commodity’’ for purposes
of the CEA or CFTC regulations. On
October 26, 2010, the Commission
issued a notice of proposed rulemaking
requesting comment on a proposed
definition of agricultural commodity
(the ‘‘NPRM’’).4 After reviewing the
comments submitted in response to the
proposed definition,5 the Commission
has determined to issue this final
definition in essentially the same form
as originally proposed, subject to a
minor revision to the commodity-based
index provision, for purposes of the
CEA and Commission regulations.
1 See Dodd-Frank Wall Street Reform and
Consumer Protection Act, Public Law 111–203, 124
Stat. 1376 (2010). The text of the Dodd-Frank Act
may be accessed at https://www.cftc.gov./
LawRegulation/OTCDERIVATIVES/index.htm.
2 Pursuant to section 701 of the Dodd-Frank Act,
Title VII may be cited as the ‘‘Wall Street
Transparency and Accountability Act of 2010.’’
3 7 U.S.C. 1 et seq.
4 75 FR 65586, Oct. 26, 2010.
5 Those comments are available on the
Commission’s Web site at: https://
comments.cftc.gov/PublicComments/
CommentList.aspx?id=868.
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]]>Agencies
[Federal Register Volume 76, Number 134 (Wednesday, July 13, 2011)]
[Rules and Regulations]
[Pages 41046-41048]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17607]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738 and 740
[Docket No. 110525299-1322-01]
RIN 0694-AF27
Addition of the New State of the Republic of South Sudan to the
Export Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to add controls on
exports and reexports of U.S.-origin dual-use items to a new nation,
the Republic of South Sudan. In January 2011, a referendum was held in
the region of Southern Sudan to determine whether that region would
remain part of Sudan or become a separate, independent nation. On
February 7, 2011, the referendum commission announced that the region
of Southern Sudan had voted to become a separate nation, effective July
9, 2011. On February 7, 2011, recognizing this historic milestone in
the implementation of the Comprehensive Peace Agreement (CPA),
President Obama announced the intention of the United States to
formally recognize the Republic of South Sudan as a sovereign state in
July, 2011.
BIS is therefore amending the EAR to reflect the July 9, 2011
formal
[[Page 41047]]
recognition by adding the new nation, the Republic of South Sudan, to
the Commerce Country Chart and including it in Country Group B, which
will render the destination eligible for certain export and reexport
License Exceptions. The controls that continue to apply to ``Sudan''
under the EAR will not apply to the Republic of South Sudan.
DATES: This rule is effective July 9, 2011.
FOR FURTHER INFORMATION CONTACT: Susan Kramer, Foreign Policy Controls
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, Telephone: (202) 482-3241, or E-mail:
Susan.Kramer@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Transition to the New and Independent State of the Republic of South
Sudan
The Republic of the Sudan (``Sudan''), referred to as ``Sudan'' in
the EAR, was designated by the Secretary of State as a state sponsor of
terrorism under U.S. law on August 12, 1993 (58 FR 52523, Oct. 8,
1993). On November 3, 1997, the President issued Executive Order (E.O.)
13067 (Blocking Sudanese Government Property and Prohibiting
Transactions with Sudan), imposing comprehensive economic sanctions
against Sudan because of the policies and actions of the Government of
Sudan, including its continued support for international terrorism.
Consistent with the state sponsor of terrorism designation, the
Department of Commerce imposed anti-terrorism controls on Sudan under
the authority of Section 6 of the Export Administration Act of 1979, as
amended (EAA). Specifically, Section 742.10 of the EAR restricts the
export or reexport to Sudan of most items subject to the EAR that are
listed on the Commerce Control List (CCL).
On January 9, 2005, the Government of the Republic of the Sudan and
the Sudan People's Liberation Movement signed the Comprehensive Peace
Agreement (CPA) ending the 22-year civil war, and in October, 2006,
pursuant to E.O. 13412 the regional government of Southern Sudan was
excluded from the definition of the ``Government of Sudan'' set forth
in E.O. 13067, consistent with Sec. 8(e) of the Darfur Peace and
Accountability Act of 2006.
Pursuant to the constitution developed under the CPA, in January
2011, a referendum was held in the region of Southern Sudan to
determine whether that region would remain part of Sudan or become a
separate, independent nation. On February 7, 2011, the referendum
commission announced that the region of Southern Sudan had voted to
become a separate nation, effective July 9, 2011.
Recognizing this historic milestone in the implementation of the
CPA, on February 7, 2011, President Obama announced the intention of
the United States to formally recognize the Republic of South Sudan as
a sovereign state. BIS is therefore amending the EAR to reflect this
formal recognition as of July 9, 2011, by adding the new nation of the
Republic of South Sudan to the Commerce Country Chart and including the
new nation as part of Country Group B, which will render the
destination eligible for certain export and reexport License
Exceptions. The controls that continue to apply to ``Sudan'' under the
EAR will not apply to the Republic of South Sudan. Through this
amendment, BIS imposes appropriate export control requirements for
U.S.-origin dual-use exports and reexports to the new nation.
Amendments to the EAR To Add the Republic of South Sudan
This rule adds the Republic of South Sudan to the Commerce Country
Chart in Supplement No. 1 to Part 738 of the EAR and adds appropriate
``X'' symbols denoting license requirements implementing these controls
for the new country. It also adds the new country to Country Group B in
Supplement No. 1 to Part 740 of the EAR. Country Group B includes a
wide range of countries raising relatively few national security
concerns. Countries in Country Group B are eligible for several License
Exceptions not available for exports or reexports to countries in
Country Groups D or E. The EAR will now list two countries with
``Sudan'' in their names: the Republic of the Sudan, referred to as
``Sudan'' in the EAR, the capital city of which is Khartoum, and the
Republic of South Sudan, the capital of which is expected to be Juba.
With the publication of this rule, BIS will require a license for the
export or reexport to the Republic of South Sudan of items controlled
unilaterally for regional stability and crime control reasons, and
items controlled by the multilateral export control regimes (Australia
Group, Wassenaar Arrangement, Chemical/Biological Weapons Conventions,
Nuclear Suppliers Group, Missile Technology Control Regime). Other
reasons for control under the EAR also may apply.
This rule does not change the existing license requirements or
licensing policy for exports and reexports of items to any other
country under the EAR.
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse and the President, through Executive Order
13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 (2002)), as
extended most recently by the Notice of August 16, 2010 (75 FR 50681,
August 16, 2010), has continued the EAR in effect under the
International Emergency Economic Powers Act. BIS continues to carry out
the provisions of the Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222.
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, distributive 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 rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
2. Notwithstanding any other provisions of law, no person is
required to respond to nor 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 rule involves a
collection of information subject to the PRA. This collection has been
approved by the Office of Management and Budget under control number
0694-0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Total burden
hours associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to 5 U.S.C. 553(a)(1), the provisions of the
Administrative Procedure Act requiring notice of
[[Page 41048]]
proposed rulemaking, the opportunity for public participation, and a
delay in effective date, are inapplicable because this regulation
involves a military or foreign affairs function of the United States.
(See 5 U.S.C. 553(a)(1)). This final rule implements the United States
new policy to recognize the new and independent state of the Republic
of South Sudan as announced by the President. No other law requires
that a notice of proposed rulemaking and an opportunity for public
comment be given for this rule. 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. Therefore, this regulation is issued in final form.
In addition, the Department finds good cause under 5 U.S.C. 553(d)(3)
to waive the 30-day delay in effectiveness for the reasons provided
above. Accordingly, this regulation is made effective immediately upon
publication.
List of Subjects
15 CFR Part 738
Exports.
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, parts 738 and 740 of the EAR (15 CFR parts 730-774)
are amended as follows:
PART 738--[AMENDED]
0
1. The authority citation for 15 CFR Part 738 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2010, 75 FR 50681 (August 16, 2010).
Supplement No. 1 to Part 738--[Amended]
0
2. Supplement No. 1 to part 738--Commerce Country Chart--is amended
0
a. By adding in alphabetical order the ``Country'' ``South Sudan,
Republic of''; and
0
b. By adding for ``South Sudan, Republic of'' an ``X'' in columns
``CB1'', ``CB2'', ``NP1'', ``NS1'', ``NS2'', ``MT1'', ``RS1'', ``RS2'',
``CC1'' and ``CC3''.
PART 740--[AMENDED]
0
3. The authority citation for 15 CFR Part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 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; Notice
of August 12, 2010, 75 FR 50681 (August 16, 2010).
0
4. Supplement No. 1 to Part 740--Country Groups--is amended by adding
in alphabetical order ``South Sudan, Republic of'' to ``Country Group
B''.
Dated: July 6, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-17607 Filed 7-8-11; 4:15 pm]
BILLING CODE 3510-33-P
