Updated Statements of Legal Authority To Reflect Continuation of Emergency Declared in Executive Order 12938, 76892-76894 [2011-31687]
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76892
Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
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The FAA subsequently published a rule
in the Federal Register of June 16, 2011
that delayed the effective date until
further notice. An amendment,
published in the Federal Register of
October 20, 2011, further modified the
rule. This action is the result of
satisfactory flight inspections for the
Federal airways affected by the
relocation of the Anchorage VHF
Omnidirectional Range (VOR).
DATES: Effective date 0901 UTC. This
announcement is effective February 9,
2012. The effective date of FR Doc.
2011–10240, published on April 28,
2011 (FR 76 23687), delayed by FR Doc.
2011–14711, published on June 16,
2011, and amended by FR Doc. 2011–
27118, published October 20, 2011 (FR
76 65106) is February 9, 2012. The
Director of the Federal Register
approves this incorporation by reference
action under 1 CFR part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Airspace, Regulations and
ATC Procedures Group, Office of
Mission Support Services, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 20591; telephone: (202)
267–8783.
SUPPLEMENTARY INFORMATION:
Background
Federal Register Document FAA–
2011–0010, Airspace Docket No. 11–
AAL–1, published on April 28, 2011 (76
FR 23687), amends all Federal airways
affected by the relocation of the
Anchorage VOR navigation aid effective
June 30, 2011. Due to a failed flight
inspection, the FAA subsequently
published in the Federal Register of
June 16, 2011 a rule delaying the
effective date from June 30, 2011, until
further notice (76 FR 35097). Upon
further inspection, the FAA removed
two Federal airways in an amendment
published in the Federal Register of
October 20, (76 FR 65106). Two Federal
airways were removed to be reworked as
a separate rulemaking action.
Satisfactory flight inspection results for
the remaining Federal airways
contained in the rule, as delayed and
amended, have been accomplished the
effective date is now established.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation (1) Is
not a significant regulatory action under
Executive Order 12866; (2) is not a
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‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule will not have
a significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart I, section 40103.
Under that section, the FAA is charged
with prescribing regulations to assign
the use of the airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority as
it modifies federal airways in Alaska.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
PART 71—AMENDED
Announcement of Effective Date
The effective date of Airspace Docket
No. 11–AAL–1, published on April 28,
2011 (76 FR 23687), delayed on June 16,
2011 (76 FR 35097), and amended on
October 20, 2011 (76 FR 65106) is
hereby established as February 9, 2012.
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
Issued in Washington, DC, on November
30, 2011.
Gary A. Norek,
Acting Manager, Airspace, Regulations and
ATC Procedures Group.
[FR Doc. 2011–31461 Filed 12–8–11; 8:45 am]
BILLING CODE 4910–13–P
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 734, 736, 742, 744,
and 745
[Docket No. 111031662–1691–01]
RIN 0694–AF44
Updated Statements of Legal Authority
To Reflect Continuation of Emergency
Declared in Executive Order 12938
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule updates the Code of
Federal Regulations (CFR) legal
authority citations for the Export
Administration Regulations (EAR) to
replace citations to the President’s
Notice of November 4, 2010,
Continuation of Emergency Regarding
Weapons of Mass Destruction, with
citations to the President’s Notice of
November 9, 2011 on the same subject.
BIS is making these changes to keep the
CFR’s legal authority citations for the
EAR current.
DATES: Effective Date: December 9, 2011.
ADDRESSES: Comments concerning this
rule should be sent to
publiccomments@bis.doc.gov, or to
Regulatory Policy Division, Bureau of
Industry and Security, Room H2099B,
U.S. Department of Commerce,
Washington, DC 20230. Please refer to
regulatory identification number (RIN)
0694–AF44 in all comments, and in the
subject line of email comments.
FOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy
Division, Bureau of Industry and
Security, telephone: (202) 482–2440.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
In Executive Order 12938 of
November 14, 1994 (59 FR 59099, 3
CFR, 1994 Comp., p. 950), the President
declared a national emergency with
respect to the unusual and extraordinary
threat to the national security, foreign
policy and economy of the United States
posed by the proliferation of nuclear,
biological and chemical weapons and
the means of delivering such weapons.
That emergency has been continued in
effect through successive annual
presidential notices. The authority for
parts 730, 734, 736, 742, 744 and 745 of
the EAR (15 CFR parts 730, 734, 736,
742, 744 and 745) rests in part on E.O.
12938, as amended, and on the
successive annual notices continuing
the emergency. This rule revises the
authority citations in those parts of the
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Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
sroberts on DSK5SPTVN1PROD with RULES
CFR to cite the notice of November 9,
2011, which is the most recent such
annual Presidential notice, and to
remove the citation to the notice of
November 4, 2010 on the same topic.
BIS is making these revisions so that
title 15 of the CFR will cite the current
authority for the parts mentioned above.
This rule is purely procedural, and
makes no changes other than to revise
CFR authority citations paragraphs. It
does not change the text of any section
of the EAR, nor does it alter any right,
obligation or prohibition that applies to
any person under the EAR.
requires that notice of proposed
rulemaking and an opportunity for
public comment be given for this rule,
the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable.
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). This rule does not impose any
regulatory burden on the public and is
consistent with the goals of Executive
Order 13563. This rule has been
determined not to be a significant rule
for purposes of Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person 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 (PRA), 44 U.S.C.
3501 et seq., unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule does
not involve any collection of
information.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The Department finds that there is
good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment because they are
unnecessary. This rule only updates
legal authority citations and is
nondiscretionary. This rule does not
alter any right, obligation or prohibition
that applies to any person under the
EAR. Because these revisions are not
substantive changes, it is unnecessary to
provide notice and opportunity for
public comment. In addition, the 30-day
delay in effectiveness required by 5
U.S.C. 553(d) is not applicable because
this rule is not a substantive rule.
Because neither the Administrative
Procedure Act nor any other law
15 CFR Part 734
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Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
Administrative practice and
procedure, Exports, Inventions and
patents, Research, Science and
technology.
15 CFR Part 736
Exports.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
15 CFR Part 745
Administrative practice and
procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping
requirements.
Accordingly, the EAR (15 CFR parts
730–774) is amended as follows:
PART 730—[AMENDED]
1. The authority citation for 15 CFR
part 730 is revised 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. 2151 note;
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. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623,
3 CFR, 1977 Comp., p. 133; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12854, 58 FR 36587, 3
CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 12947, 60 FR 5079, 3 CFR, 1995
Comp., p. 356; E.O. 12981, 60 FR 62981, 3
CFR, 1995 Comp., p. 419; 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. 13099, 63 FR 45167, 3 CFR, 1998
Comp., p. 208; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR
49079, 3 CFR, 2001 Comp., p. 786; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p.
168; Notice of January 13, 2011, 76 FR 3009
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PART 734—[AMENDED]
2. The authority citation for 15 CFR
part 734 is revised to read as follows:
15 CFR Part 730
Frm 00021
(January 18, 2011); Notice of August 12,
2011, 76 FR 50661 (August 16, 2011); Notice
of November 9, 2011, 76 FR 70319
(November 10, 2011).
■
List of Subjects
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Authority: 50 U.S.C. app. 2401 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; Notice of August 12, 2011, 76
FR 50661 (August 16, 2011); Notice of
November 9, 2011, 76 FR 70319 (November
10, 2011).
PART 736—[AMENDED]
3. The authority citation for 15 CFR
part 736 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; 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.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p.
168; Notice of August 12, 2011, 76 FR 50661
(August 16, 2011); Notice of November 9,
2011, 76 FR 70319 (November 10, 2011).
PART 742—[AMENDED]
4. The authority citation for 15 CFR
part 742 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 12, 2011, 76 FR
50661 (August 16, 2011); Notice of November
9, 2011, 76 FR 70319 (November 10, 2011).
PART 744—[AMENDED]
5. The authority citation for 15 CFR
part 744 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of January 13, 2011, 76 FR 3009
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76894
Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations
(January 18, 2011); Notice of August 12,
2011, 76 FR 50661 (August 16, 2011); Notice
of November 9, 2011, 76 FR 70319
(November 10, 2011).
PART 745—[AMENDED]
6. The authority citation for 15 CFR
part 745 is revised to read as follows:
■
Authority: 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; Notice of November 9, 2011, 76 FR
70319 (November 10, 2011).
Dated: December 5, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2011–31687 Filed 12–8–11; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 558
[Docket No. FDA–2011–N–0003]
New Animal Drugs for Use in Animal
Feeds; Tilmicosin
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
animal drug regulations to reflect
approval of a supplemental new animal
drug application (NADA) filed by
Elanco Animal Health, a division of Eli
Lilly & Co. The supplemental NADA
provides for use of tilmicosin Type C
medicated feeds by veterinary feed
directive for the control of bovine
respiratory disease in groups of beef and
nonlactating dairy cattle.
DATES: This rule is effective December 9,
2011.
FOR FURTHER INFORMATION CONTACT:
Cindy L. Burnsteel, Center for
Veterinary Medicine (HFV–130), Food
and Drug Administration, 7500 Standish
Pl., Rockville, MD 20855, (240) 276–
8341, email:
cindy.burnsteel@fda.hhs.gov.
SUMMARY:
Elanco
Animal Health, a division of Eli Lilly &
Co., Lilly Corporate Center,
Indianapolis, IN 46285, filed a
supplement to NADA 141–064 for
PULMOTIL 90 (tilmicosin phosphate)
Type A medicated article. The
supplemental NADA provides for the
use of tilmicosin Type C medicated
feeds by veterinary feed directive for the
control of bovine respiratory disease
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SUPPLEMENTARY INFORMATION:
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(BRD) associated with Mannheimia
haemolytica, Pasteurella multocida, and
Histophilus somni in groups of beef and
nonlactating dairy cattle where active
BRD has been diagnosed in at least 10
percent of the animals in the group. The
supplemental NADA is approved as of
August 19, 2011, and 21 CFR 558.4 and
558.618 are amended to reflect the
approval.
In accordance with the freedom of
information provisions of 21 CFR part
20 and 21 CFR 514.11(e)(2)(ii), a
summary of safety and effectiveness
data and information submitted to
support approval of this application
may be seen in the Division of Dockets
Management (HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852, between
9 a.m. and 4 p.m., Monday through
Friday.
Under section 512(c)(2)(F)(iii) of the
Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360b(c)(2)(F)(iii)), this
supplemental approval qualifies for
3 years of marketing exclusivity
beginning on the date of approval.
The Agency has carefully considered
the potential environmental impact of
this action and has concluded that the
action will not have a significant impact
on the human environment and that an
environmental impact statement is not
required. FDA’s finding of no significant
impact and the evidence supporting that
finding, contained in an environmental
assessment, may be seen in the Division
of Dockets Management (address above)
between 9 a.m. and 4 p.m., Monday
through Friday.
This rule does not meet the definition
of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because
it is a rule of ‘‘particular applicability.’’
Therefore, it is not subject to the
congressional review requirements in 5
U.S.C. 801–808.
List of Subjects in 21 CFR Part 558
Animal drugs, Animal feeds.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs and redelegated to
the Center for Veterinary Medicine, 21
CFR part 558 is amended as follows:
PART 558—NEW ANIMAL DRUGS FOR
USE IN ANIMAL FEEDS
1. The authority citation for 21 CFR
part 558 continues to read as follows:
■
Authority: 21 U.S.C. 360b, 371.
§ 558.4
[Amended]
2. In paragraph (d) of § 558.4, in the
‘‘Category II’’ table, in the ‘‘Type B
maximum (100x)’’ column, in the entry
for ‘‘Tilmicosin’’, remove ‘‘18.2 g/lb
■
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Fmt 4700
Sfmt 4700
(4.0%)’’ and in its place add ‘‘37.9 g/lb
(8.35%)’’.
■ 3. In § 558.618, revise paragraphs (a),
(c), and (e) to read as follows:
§ 558.618
Tilmicosin.
(a) Specifications. Type A medicated
article containing 90.7 grams (g) per
pound tilmicosin as tilmicosin
phosphate (200 g per kilogram).
*
*
*
*
*
(c) Special considerations—(1)
Tilmicosin medicated feeds are
restricted to use under a veterinary feed
directive (VFD). See § 558.6 of this
chapter for required label statements
and other limitations.
(2) VFDs for tilmicosin phosphate
shall not be refilled.
(3) Labeling of tilmicosin Type B or
Type C medicated feeds must bear the
following warnings:
(i) Do not allow horses or other
equines access to feeds containing
tilmicosin.
(ii) Use of antibacterial drugs in the
absence of a susceptible bacterial
infection is unlikely to provide benefit
to treated animals and may increase the
risk of the development of drug-resistant
pathogenic bacteria.
(4) Special considerations for use of
tilmicosin medicated swine feeds
include the following:
(i) The expiration date of VFDs for
tilmicosin must not exceed 90 days from
the time of issuance.
(ii) Labeling of tilmicosin Type B or
Type C medicated feeds for swine must
bear the following warning: ‘‘Do not use
in any feeds containing bentonite.
Bentonite in feeds may affect the
efficacy of tilmicosin.’’
(iii) Feed containing tilmicosin shall
not be fed to pigs for more than 21 days
during each phase of production
without ceasing administration for
reevaluation of antimicrobial use by a
licensed veterinarian before reinitiating
a further course of therapy with an
appropriate antimicrobial.
(5) Special consideration for use of
tilmicosin medicated cattle feeds
include the following:
(i) The expiration date of VFDs for
cattle must not exceed 45 days from the
time of issuance.
(ii) Labeling of tilmicosin Type B or
Type C medicated feeds for cattle must
bear the following warning: ‘‘Do not use
in any feeds containing bentonite,
cottonseed meal, or cottonseed hulls.
Bentonite, cottonseed meal, or
cottonseed hulls in feeds may affect the
efficacy of tilmicosin.’’
(iii) To assure both food safety and
responsible use in cattle, administration
of feed containing tilmicosin to cattle
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]]>Agencies
[Federal Register Volume 76, Number 237 (Friday, December 9, 2011)]
[Rules and Regulations]
[Pages 76892-76894]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31687]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 734, 736, 742, 744, and 745
[Docket No. 111031662-1691-01]
RIN 0694-AF44
Updated Statements of Legal Authority To Reflect Continuation of
Emergency Declared in Executive Order 12938
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule updates the Code of Federal Regulations (CFR) legal
authority citations for the Export Administration Regulations (EAR) to
replace citations to the President's Notice of November 4, 2010,
Continuation of Emergency Regarding Weapons of Mass Destruction, with
citations to the President's Notice of November 9, 2011 on the same
subject. BIS is making these changes to keep the CFR's legal authority
citations for the EAR current.
DATES: Effective Date: December 9, 2011.
ADDRESSES: Comments concerning this rule should be sent to
publiccomments@bis.doc.gov, or to Regulatory Policy Division, Bureau of
Industry and Security, Room H2099B, U.S. Department of Commerce,
Washington, DC 20230. Please refer to regulatory identification number
(RIN) 0694-AF44 in all comments, and in the subject line of email
comments.
FOR FURTHER INFORMATION CONTACT: William Arvin, Regulatory Policy
Division, Bureau of Industry and Security, telephone: (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
In Executive Order 12938 of November 14, 1994 (59 FR 59099, 3 CFR,
1994 Comp., p. 950), the President declared a national emergency with
respect to the unusual and extraordinary threat to the national
security, foreign policy and economy of the United States posed by the
proliferation of nuclear, biological and chemical weapons and the means
of delivering such weapons. That emergency has been continued in effect
through successive annual presidential notices. The authority for parts
730, 734, 736, 742, 744 and 745 of the EAR (15 CFR parts 730, 734, 736,
742, 744 and 745) rests in part on E.O. 12938, as amended, and on the
successive annual notices continuing the emergency. This rule revises
the authority citations in those parts of the
[[Page 76893]]
CFR to cite the notice of November 9, 2011, which is the most recent
such annual Presidential notice, and to remove the citation to the
notice of November 4, 2010 on the same topic.
BIS is making these revisions so that title 15 of the CFR will cite
the current authority for the parts mentioned above. This rule is
purely procedural, and makes no changes other than to revise CFR
authority citations paragraphs. It does not change the text of any
section of the EAR, nor does it alter any right, obligation or
prohibition that applies to any person under the EAR.
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). This rule
does not impose any regulatory burden on the public and is consistent
with the goals of Executive Order 13563. This rule has been determined
not to be a significant rule for purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person 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 (PRA), 44 U.S.C.
3501 et seq., unless that collection of information displays a
currently valid Office of Management and Budget (OMB) Control Number.
This rule does not involve any collection of information.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment
because they are unnecessary. This rule only updates legal authority
citations and is nondiscretionary. This rule does not alter any right,
obligation or prohibition that applies to any person under the EAR.
Because these revisions are not substantive changes, it is unnecessary
to provide notice and opportunity for public comment. In addition, the
30-day delay in effectiveness required by 5 U.S.C. 553(d) is not
applicable because this rule is not a substantive rule. Because neither
the Administrative Procedure Act nor any other law requires that notice
of proposed rulemaking and an opportunity for public comment be given
for this rule, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
List of Subjects
15 CFR Part 730
Administrative practice and procedure, Advisory committees,
Exports, Reporting and recordkeeping requirements, Strategic and
critical materials.
15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.
15 CFR Part 736
Exports.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 745
Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.
Accordingly, the EAR (15 CFR parts 730-774) is amended as follows:
PART 730--[AMENDED]
0
1. The authority citation for 15 CFR part 730 is revised 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. 2151
note; 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. 11912, 41 FR 15825, 3 CFR, 1976 Comp., p. 114; E.O. 12002, 42
FR 35623, 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12854,
58 FR 36587, 3 CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 28205, 3
CFR, 1994 Comp., p. 899; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O.
12981, 60 FR 62981, 3 CFR, 1995 Comp., p. 419; 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. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p. 168; Notice of January 13, 2011, 76 FR 3009
(January 18, 2011); Notice of August 12, 2011, 76 FR 50661 (August
16, 2011); Notice of November 9, 2011, 76 FR 70319 (November 10,
2011).
PART 734--[AMENDED]
0
2. The authority citation for 15 CFR part 734 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 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; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011);
Notice of November 9, 2011, 76 FR 70319 (November 10, 2011).
PART 736--[AMENDED]
0
3. The authority citation for 15 CFR part 736 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 2151 note; 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. 13338, 69 FR 26751, 3 CFR, 2004 Comp.,
p. 168; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011);
Notice of November 9, 2011, 76 FR 70319 (November 10, 2011).
PART 742--[AMENDED]
0
4. The authority citation for 15 CFR part 742 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of August 12, 2011, 76 FR 50661 (August 16, 2011); Notice of
November 9, 2011, 76 FR 70319 (November 10, 2011).
PART 744--[AMENDED]
0
5. The authority citation for 15 CFR part 744 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of January 13, 2011, 76 FR 3009
[[Page 76894]]
(January 18, 2011); Notice of August 12, 2011, 76 FR 50661 (August
16, 2011); Notice of November 9, 2011, 76 FR 70319 (November 10,
2011).
PART 745--[AMENDED]
0
6. The authority citation for 15 CFR part 745 is revised to read as
follows:
Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of November 9, 2011, 76 FR 70319
(November 10, 2011).
Dated: December 5, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-31687 Filed 12-8-11; 8:45 am]
BILLING CODE 3510-33-P
