Amendment to the International Traffic in Arms Regulations: Libya and UNSCR 2095, 47179-47180 [2013-18940]
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Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations
matrices, including both raw and
cooked or baked products.
(d) Preemption. A State or political
subdivision of a State may not establish
or continue into effect any law, rule,
regulation, or other requirement that is
different from the requirements in this
section for the definition and use of the
claim ‘‘gluten-free,’’ as well as the
claims ‘‘no gluten,’’ ‘‘free of gluten,’’ or
‘‘without gluten.’’
Dated: July 30, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–18813 Filed 8–2–13; 8:45 am]
BILLING CODE 4160–01–P
UNSCR 2095 removed the
requirement for member states to notify
the Committee of the Security Council
concerning Libya (‘‘the Committee’’) of
exports of non-lethal military
equipment, and the provision of any
technical assistance or training,
intended solely for security or
disarmament assistance to the Libyan
government. It also removed the
requirement to seek the approval of the
Committee for exports of non-lethal
military equipment, and related
technical assistance or training, for
humanitarian and protective use. The
Department of State is amending ITAR
§ 126.1(k) accordingly.
Regulatory Analysis and Notices
DEPARTMENT OF STATE
22 CFR Part 126
RIN 1400–AD41
[Public Notice 8409]
Amendment to the International Traffic
in Arms Regulations: Libya and
UNSCR 2095
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to update the
defense trade policy regarding Libya to
reflect resolution 2095 adopted by the
United Nations Security Council.
DATES: This rule is effective August 5,
2013.
SUMMARY:
Ms.
Sarah J. Heidema, Acting Director,
Office of Defense Trade Controls Policy,
U.S. Department of State, telephone
(202) 663–2809, or email
DDTCResponseTeam@state.gov. ATTN:
Regulatory Change, Libya.
SUPPLEMENTARY INFORMATION: On March
14, 2013, the United Nations Security
Council adopted resolution 2095
(‘‘UNSCR 2095’’), which further
modified the arms embargo against
Libya put in place by the adoption in
February and March of 2011 of
resolutions 1970 and 1973, respectively,
and modified by resolutions 2009 and
2016, adopted in September and
October of 2011, respectively (for
previous ITAR amendments regarding
Libya defense trade policy, see
‘‘Amendment to the International
Traffic in Arms Regulations: Libya,’’
RIN 1400–AC83, 76 FR 30001, and
‘‘Amendment to the International
Traffic in Arms Regulations: Libya and
UNSCR 2009,’’ RIN 1400–AC97, 76 FR
68313).
mstockstill on DSK4VPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
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16:48 Aug 02, 2013
Jkt 229001
Administrative Procedure Act
The Department of State is of the
opinion that controlling the import and
export of defense articles and services is
a foreign affairs function of the United
States Government and that rules
implementing this function are exempt
from sections 553 (rulemaking) and 554
(adjudications) of the Administrative
Procedure Act. Since the Department is
of the opinion that this rule is exempt
from 5 U.S.C. 553, it is the view of the
Department that the provisions of
section 553(d) do not apply to this
rulemaking. Therefore, this rule is
effective upon publication. The
Department also finds that, given the
national security issues surrounding
U.S. policy towards Libya, notice and
public procedure on this rule would be
impracticable or unnecessary; for this
reason also, this rule is effective upon
publication.
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.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rulemaking has been found not
to be a major rule within the meaning
of the Small Business Regulatory
Enforcement Fairness Act of 1996.
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47179
Executive Orders 12372 and 13132
This rulemaking will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
it is determined that this rulemaking
does not have sufficient federalism
implications to require consultations or
warrant the preparation of a federalism
summary impact statement. The
regulations implementing Executive
Order 12372 regarding
intergovernmental consultation on
Federal programs and activities do not
apply to this rulemaking.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess 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).
These executive orders stress 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,
this rule has been reviewed by the
Office of Management and Budget
(OMB).
Executive Order 12988
The Department of State has reviewed
this rulemaking in light of sections 3(a)
and 3(b)(2) 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 pre-empt tribal law.
Accordingly, the requirements of
Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
This rule does not impose any new
reporting or recordkeeping requirements
subject to the Paperwork Reduction Act,
44 U.S.C. Chapter 35.
E:\FR\FM\05AUR1.SGM
05AUR1
47180
Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
Accordingly, for the reasons set forth
above, Title 22, Chapter I, Subchapter
M, part 126 is amended as follows:
PART 126—GENERAL POLICIES AND
PROVISIONS
advance by the Committee of the
Security Council concerning Libya.
*
*
*
*
*
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and
International Security, Department of State.
Safety and Health Administration, U.S.
Department of Labor, 200 Constitution
Avenue NW., Room N–3622,
Washington, DC 20210, telephone 202–
693–2122, email:
yebesi.francis@dol.gov.
[FR Doc. 2013–18940 Filed 8–2–13; 8:45 am]
SUPPLEMENTARY INFORMATION:
BILLING CODE 4710–25–P
Executive Summary for This Final Rule
■
1. The authority citation for part 126
continues to read as follows:
Authority: Secs. 2, 38, 40, 42, and 71, Pub.
L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2780, 2791, and 2797); 22 U.S.C. 2651a; 22
U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR,
1994 Comp., p. 899; Sec. 1225, Pub. L. 108–
375; Sec. 7089, Pub. L. 111–117; Pub. L. 111–
266; Sections 7045 and 7046, Pub. L. 112–74;
E.O. 13637, 78 FR 16129.
A. Purpose
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
29 CFR Part 1960
[Docket No. OSHA–2013–0018]
§ 126.1 Prohibited exports, imports, and
sales to or from certain countries.
Basic Program Elements for Federal
Employee Occupational Safety and
Health Programs and Related Matters;
Subpart I for Recordkeeping and
Reporting Requirements
*
AGENCY:
2. Section 126.1 is amended by
revising paragraph (k) to read as follows:
mstockstill on DSK4VPTVN1PROD with RULES
■
*
*
*
*
(k) Libya. It is the policy of the United
States to deny licenses or other
approvals for exports or imports of
defense articles and defense services
destined for or originating in Libya,
except that a license or other approval
may be issued, on a case-by-case basis,
for:
(1) Arms and related materiel
intended solely for security or
disarmament assistance to the Libyan
government, notified to the Committee
of the Security Council concerning
Libya in advance and in the absence of
a negative decision by the Committee
within five working days of such a
notification;
(2) Non-lethal military equipment
when intended solely for security or
disarmament assistance to the Libyan
government;
(3) The provision of any technical
assistance or training when intended
solely for security or disarmament
assistance to the Libyan government;
(4) Small arms, light weapons, and
related materiel temporarily exported to
Libya for the sole use of United Nations
personnel, representatives of the media,
and humanitarian and development
workers and associated personnel,
notified to the Committee of the
Security Council concerning Libya in
advance and in the absence of a negative
decision by the Committee within five
working days of such a notification;
(5) Non-lethal military equipment
intended solely for humanitarian or
protective use, and related technical
assistance or training; or
(6) Other sales or supply of arms and
related materiel, or provision of
assistance or personnel, as approved in
VerDate Mar<15>2010
16:48 Aug 02, 2013
Jkt 229001
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Final rule.
OSHA is issuing a final rule
amending the Basic Program Elements
to require Federal agencies to submit
their occupational injury and illness
recordkeeping information to the
Bureau of Labor Statistics (BLS) and
OSHA on an annual basis. The
information, which is already required
to be created and maintained by Federal
agencies, will be used by BLS to
aggregate injury and illness information
throughout the Federal government.
OSHA will use the information to
identify Federal establishments with
high incidence rates for targeted
inspection, and assist in determining
the most effective safety and health
training for Federal employees. The
final rule also interprets several existing
basic program elements in our
regulations to clarify requirements
applicable to Federal agencies, amends
the date when Federal agencies must
submit to the Secretary of Labor their
annual report on occupational safety
and health programs, amends the date
when the Secretary of Labor must
submit to the President the annual
report on Federal agency safety and
health, and clarifies that Federal
agencies must include uncompensated
volunteers when reporting and
recording occupational injuries and
illnesses.
SUMMARY:
This final rule becomes effective
January 1, 2014.
FOR FURTHER INFORMATION CONTACT:
Francis Yebesi, Director, Office of
Federal Agency Programs, Occupational
DATES:
PO 00000
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Fmt 4700
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Today’s final rule establishes
requirements directing Federal agencies
to submit their occupational injury and
illness recordkeeping information to the
Secretary of Labor which will allow (1)
BLS to analyze injury and illness data
at Federal establishments, and (2) OSHA
to better track injury trends at Federal
agencies, and to better target inspections
at the most hazardous Federal
establishments.
B. Summary of Major Provisions
• Revisions to update existing
regulatory language: Since the basic
program elements were originally
published in 1980, changes have
occurred that make the existing
language out of date.
• The Unites States Postal Service:
The Occupational Safety and Health Act
of 1970 (OSH Act) was amended to
make it applicable to the U.S. Postal
Service (USPS) in the same manner as
any other private sector employer.
Therefore, language in the basic
program elements has been modified to
indicate that the USPS is not included
in the definition of ‘‘agency.’’
• Financial management: The Office
of Management and Budget (OMB)
circulars referenced in the original
regulations are no longer in use.
Therefore the language has been revised
to reference only relevant OMB
regulations and documents.
• Abatement of unsafe or unhealthful
working conditions: Abatement
requirements have been changed to
follow private sector procedures.
• Records retention: A section of the
basic program elements addressing
retention and access of employee
records was inadvertently deleted in a
prior revision and is now being
reinserted in this rulemaking.
• Changes are being made to require
Federal agencies to annually submit
their OSHA required injury and illness
data.
• Modifying dates to reflect the
collection of calendar year data, rather
than fiscal year data: We have modified
the due date when Federal agencies
must submit their annual report on
safety and health to OSHA, and the
report from OSHA to the President, to
E:\FR\FM\05AUR1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 150 (Monday, August 5, 2013)]
[Rules and Regulations]
[Pages 47179-47180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18940]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
RIN 1400-AD41
[Public Notice 8409]
Amendment to the International Traffic in Arms Regulations: Libya
and UNSCR 2095
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to update the defense trade policy regarding
Libya to reflect resolution 2095 adopted by the United Nations Security
Council.
DATES: This rule is effective August 5, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Sarah J. Heidema, Acting Director,
Office of Defense Trade Controls Policy, U.S. Department of State,
telephone (202) 663-2809, or email DDTCResponseTeam@state.gov. ATTN:
Regulatory Change, Libya.
SUPPLEMENTARY INFORMATION: On March 14, 2013, the United Nations
Security Council adopted resolution 2095 (``UNSCR 2095''), which
further modified the arms embargo against Libya put in place by the
adoption in February and March of 2011 of resolutions 1970 and 1973,
respectively, and modified by resolutions 2009 and 2016, adopted in
September and October of 2011, respectively (for previous ITAR
amendments regarding Libya defense trade policy, see ``Amendment to the
International Traffic in Arms Regulations: Libya,'' RIN 1400-AC83, 76
FR 30001, and ``Amendment to the International Traffic in Arms
Regulations: Libya and UNSCR 2009,'' RIN 1400-AC97, 76 FR 68313).
UNSCR 2095 removed the requirement for member states to notify the
Committee of the Security Council concerning Libya (``the Committee'')
of exports of non-lethal military equipment, and the provision of any
technical assistance or training, intended solely for security or
disarmament assistance to the Libyan government. It also removed the
requirement to seek the approval of the Committee for exports of non-
lethal military equipment, and related technical assistance or
training, for humanitarian and protective use. The Department of State
is amending ITAR Sec. 126.1(k) accordingly.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the opinion that controlling the
import and export of defense articles and services is a foreign affairs
function of the United States Government and that rules implementing
this function are exempt from sections 553 (rulemaking) and 554
(adjudications) of the Administrative Procedure Act. Since the
Department is of the opinion that this rule is exempt from 5 U.S.C.
553, it is the view of the Department that the provisions of section
553(d) do not apply to this rulemaking. Therefore, this rule is
effective upon publication. The Department also finds that, given the
national security issues surrounding U.S. policy towards Libya, notice
and public procedure on this rule would be impracticable or
unnecessary; for this reason also, this rule is effective upon
publication.
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.
Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking has been found not to be a major rule within the
meaning of the Small Business Regulatory Enforcement Fairness Act of
1996.
Executive Orders 12372 and 13132
This rulemaking will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this rulemaking does not have
sufficient federalism implications to require consultations or warrant
the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this rulemaking.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess 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). These executive orders
stress 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, this rule has been reviewed by the Office of
Management and Budget (OMB).
Executive Order 12988
The Department of State has reviewed this rulemaking in light of
sections 3(a) and 3(b)(2) 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 pre-empt
tribal law. Accordingly, the requirements of Executive Order 13175 do
not apply to this rulemaking.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter
35.
[[Page 47180]]
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, part 126 is amended as follows:
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for part 126 continues to read as
follows:
Authority: Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 Stat.
744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C. 2651a;
22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p. 899;
Sec. 1225, Pub. L. 108-375; Sec. 7089, Pub. L. 111-117; Pub. L. 111-
266; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78 FR
16129.
0
2. Section 126.1 is amended by revising paragraph (k) to read as
follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(k) Libya. It is the policy of the United States to deny licenses
or other approvals for exports or imports of defense articles and
defense services destined for or originating in Libya, except that a
license or other approval may be issued, on a case-by-case basis, for:
(1) Arms and related materiel intended solely for security or
disarmament assistance to the Libyan government, notified to the
Committee of the Security Council concerning Libya in advance and in
the absence of a negative decision by the Committee within five working
days of such a notification;
(2) Non-lethal military equipment when intended solely for security
or disarmament assistance to the Libyan government;
(3) The provision of any technical assistance or training when
intended solely for security or disarmament assistance to the Libyan
government;
(4) Small arms, light weapons, and related materiel temporarily
exported to Libya for the sole use of United Nations personnel,
representatives of the media, and humanitarian and development workers
and associated personnel, notified to the Committee of the Security
Council concerning Libya in advance and in the absence of a negative
decision by the Committee within five working days of such a
notification;
(5) Non-lethal military equipment intended solely for humanitarian
or protective use, and related technical assistance or training; or
(6) Other sales or supply of arms and related materiel, or
provision of assistance or personnel, as approved in advance by the
Committee of the Security Council concerning Libya.
* * * * *
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security,
Department of State.
[FR Doc. 2013-18940 Filed 8-2-13; 8:45 am]
BILLING CODE 4710-25-P
