Temporary Modification of Category XI of the United States Munitions List, 78130-78131 [2015-31528]
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Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations
eligibility purposes will be disregarded;
and
(2) The person’s payment eligibility
will be re-determined for the applicable
program year.
Val Dolcini,
Executive Vice President, Commodity Credit
Corporation, and Administrator, Farm
Service Agency.
[FR Doc. 2015–31532 Filed 12–15–15; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 9378]
RIN 1400–AD74
Temporary Modification of Category XI
of the United States Munitions List
Department of State.
Final rule; notice of temporary
modification.
AGENCY:
ACTION:
The Department of State,
pursuant to its regulations and in the
interest of the security of the United
States, temporarily modifies Category XI
of the United States Munitions List
(USML).
SUMMARY:
Amendatory instructions 1 and 2
are effective December 29, 2015.
Amendatory instruction No. 3 is
effective August 30, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
C. Edward Peartree, Director, Office of
Defense Trade Controls Policy,
Department of State, telephone (202)
663–2792; email DDTCResponseTeam@
state.gov. ATTN: Temporary
Modification of Category XI.
SUPPLEMENTARY INFORMATION: On July 1,
2014, the Department published a final
rule revising Category XI of the USML,
79 FR 37536, effective December 30,
2014. This final rule, consistent with the
two prior proposed rules for USML
Category XI (78 FR 45018, July 25, 2013
and 77 FR 70958, November 28, 2012),
revised paragraph (b) of Category XI to
clarify the extent of control and
maintain the existing scope of control
on items described in paragraph (b) and
the directly related software described
in paragraph (d). The Department has
determined that exporters may read the
revised control language to exclude
certain intelligence analytics software
that has been and remains controlled on
the USML. Therefore, the Deputy
Assistant Secretary of State for Defense
Trade Controls determined that it is in
the interest of the security of the United
States to temporarily revise USML
Category XI paragraph (b), pursuant to
tkelley on DSK3SPTVN1PROD with RULES
DATES:
VerDate Sep<11>2014
16:18 Dec 15, 2015
Jkt 238001
the provisions of 22 CFR 126.2, while a
long term solution is developed. The
Department will publish any permanent
revision to USML Category XI paragraph
(b) addressing this issue as a proposed
rule for public comment.
This temporary revision clarifies that
the scope of control in existence prior
to December 30, 2014 for USML
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 previously published
a final rule on July 2, 2015 (80 FR
37974) that temporarily modified USML
Category XI(b) until December 29, 2015.
This rule will extend the July 2, 2015
modification to allow the U.S.
government to consider the controls in
USML Category XI(b). Due to the current
status of the review an extension until
August 30, 2017 is appropriate.
Small Business Regulatory Enforcement
Fairness Act of 1996
Regulatory Findings
Executive Order 12988
Administrative Procedure Act
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.
The Department is publishing this
rule as a final rule based upon good
cause, and its determination that
delaying the effect of this rule during a
period of public comment would be
impractical, unnecessary and contrary
to public interest. 5 U.S.C. 553(b)(3)(B).
In addition, the Department 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 (APA).
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.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
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
implementing Executive Order 12372
regarding intergovernmental
consultation on Federal programs and
activities do not apply to this
rulemaking.
Executive Orders 12866 and 13563
The Department believes that benefits
of the rulemaking outweigh any costs,
which are estimated to be insignificant.
It is the Department’s position that this
rulemaking is not a significant rule
under the criteria of Executive Order
12866, and is consistent with the
provisions of Executive Order 13563.
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 121—THE 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. 105–261, 112
Stat. 1920; Section 1261, Pub. L. 112–239;
E.O. 13637, 78 FR 16129.
E:\FR\FM\16DER1.SGM
16DER1
Federal Register / Vol. 80, No. 241 / Wednesday, December 16, 2015 / Rules and Regulations
2. In § 121.1, under Category XI, revise
paragraph (b), effective December 29,
2015 to read as follows:
■
§ 121.1
*
The United States Munitions List.
*
*
*
*
Category XI—Military Electronics
*
*
*
*
*
*(b) Electronic systems, equipment or
software, not elsewhere enumerated in
this sub-chapter, 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. In § 121.1, under Category XI, revise
paragraph (b), effective August 30, 2017,
to read as follows:
§ 121.1
*
The United States Munitions List.
*
*
*
*
Category XI—Military 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.
*
*
*
*
*
Brian H. Nilsson,
Deputy Assistant Secretary for Defense Trade
Controls, Bureau of Political-Military Affairs,
U.S. Department of State.
[FR Doc. 2015–31528 Filed 12–15–15; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF THE TREASURY
31 CFR Part 33
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 155
[CMS–9936–N]
Waivers for State Innovation
Centers for Medicare &
Medicaid Services (CMS), HHS;
Department of the Treasury.
ACTION: Guidance.
tkelley on DSK3SPTVN1PROD with RULES
AGENCY:
This guidance relates to
Section 1332 of the Patient Protection
and Affordable Care Act (ACA) and its
implementing regulations. Section 1332
provides the Secretary of Health and
Human Services and the Secretary of the
SUMMARY:
VerDate Sep<11>2014
16:18 Dec 15, 2015
Jkt 238001
Treasury with the discretion to approve
a state’s proposal to waive specific
provisions of the ACA (a State
Innovation Waiver), provided the
proposal meets certain requirements. In
particular, the Secretaries can only
exercise their discretion to approve a
waiver if they find that the waiver
would provide coverage to a comparable
number of residents of the state as
would be provided coverage absent the
waiver, would provide coverage that is
at least as comprehensive and affordable
as would be provided absent the waiver,
and would not increase the Federal
deficit. If the waiver is approved, the
state may receive funding equal to the
amount of forgone Federal financial
assistance that would have been
provided to its residents pursuant to
specified ACA programs, known as
pass-through funding. State Innovation
Waivers are available for effective dates
beginning on or after January 1, 2017.
They may be approved for periods up to
5 years and can be renewed. The
Departments promulgated implementing
regulations in 2012. This document
provides additional information about
the requirements that must be met, the
Secretaries’ application review
procedures, the amount of pass-through
funding, certain analytical
requirements, and operational
considerations.
DATES: Comment Date: Comments may
be submitted at any time.
ADDRESSES: In commenting, please refer
to file code CMS–9936–N. Because of
staff and resource limitations, we cannot
accept comments by facsimile (FAX)
transmission.
You may submit comments in one of
four ways (please choose only one of the
ways listed):
1. Electronically. You may submit
electronic comments on this document
to https://www.regulations.gov. Follow
the ‘‘Submit a comment’’ instructions.
2. By regular mail. You may mail
written comments to the following
address ONLY: Centers for Medicare &
Medicaid Services, Department of
Health and Human Services, Attention:
CMS–9936–N, P.O. Box 8016,
Baltimore, MD 21244–8016.
3. By express or overnight mail. You
may send written comments to the
following address ONLY: Centers for
Medicare & Medicaid Services,
Department of Health and Human
Services, Attention: CMS–9936–N, Mail
Stop C4–26–05, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
4. By hand or courier. Alternatively,
you may deliver (by hand or courier)
your written comments ONLY to the
following addresses:
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
78131
a. For delivery in Washington, DC—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, Room 445–G, Hubert
H. Humphrey Building, 200
Independence Avenue SW.,
Washington, DC 20201.
(Because access to the interior of the
Hubert H. Humphrey Building is not
readily available to persons without
Federal government identification,
commenters are encouraged to leave
their comments in the CMS drop slots
located in the main lobby of the
building. A stamp-in clock is available
for persons wishing to retain a proof of
filing by stamping in and retaining an
extra copy of the comments being filed.)
b. For delivery in Baltimore, MD—
Centers for Medicare & Medicaid
Services, Department of Health and
Human Services, 7500 Security
Boulevard, Baltimore, MD 21244–1850.
If you intend to deliver your
comments to the Baltimore address, call
telephone number (410) 786–9994 in
advance to schedule your arrival with
one of our staff members. Comments
erroneously mailed to the addresses
indicated as appropriate for hand or
courier delivery may be delayed.
For information on viewing public
comments, see the beginning of the
SUPPLEMENTARY INFORMATION section.
FOR FURTHER INFORMATION CONTACT:
Centers for Medicare & Medicaid
Services: Tricia Beckmann, 301–492–
4328, or Robert Yates, 301–492–5151.
SUPPLEMENTARY INFORMATION: Inspection
of Public Comments: All comments
received are available for viewing by the
public, including any personally
identifiable or confidential business
information that is included in a
comment. We post all comments
received on the following Web site as
soon as possible after they have been
received: https://www.regulations.gov.
Follow the search instructions on that
Web site to view public comments.
Comments received will also be
available for public inspection as they
are received, generally beginning
approximately 3 weeks after publication
of a document, at the headquarters of
the Centers for Medicare & Medicaid
Services, 7500 Security Boulevard,
Baltimore, Maryland 21244, Monday
through Friday of each week from 8:30
a.m. to 4 p.m. To schedule an
appointment to view public comments,
phone 1–800–743–3951.
I. Statutory Requirements
Under Section 1332 of the Affordable
Care Act (ACA), the Secretaries of
Health and Human Services (HHS) and
the Treasury as appropriate may
E:\FR\FM\16DER1.SGM
16DER1
]]>Agencies
[Federal Register Volume 80, Number 241 (Wednesday, December 16, 2015)]
[Rules and Regulations]
[Pages 78130-78131]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-31528]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 9378]
RIN 1400-AD74
Temporary Modification of Category XI of the United States
Munitions List
AGENCY: Department of State.
ACTION: Final rule; notice of temporary modification.
-----------------------------------------------------------------------
SUMMARY: The Department of State, pursuant to its regulations and in
the interest of the security of the United States, temporarily modifies
Category XI of the United States Munitions List (USML).
DATES: Amendatory instructions 1 and 2 are effective December 29, 2015.
Amendatory instruction No. 3 is effective August 30, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director,
Office of Defense Trade Controls Policy, Department of State, telephone
(202) 663-2792; email DDTCResponseTeam@state.gov. ATTN: Temporary
Modification of Category XI.
SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a
final rule revising Category XI of the USML, 79 FR 37536, effective
December 30, 2014. This final rule, consistent with the two prior
proposed rules for USML Category XI (78 FR 45018, July 25, 2013 and 77
FR 70958, November 28, 2012), revised paragraph (b) of Category XI to
clarify the extent of control and maintain the existing scope of
control on items described in paragraph (b) and the directly related
software described in paragraph (d). The Department has determined that
exporters may read the revised control language to exclude certain
intelligence analytics software that has been and remains controlled on
the USML. Therefore, the Deputy Assistant Secretary of State for
Defense Trade Controls determined that it is in the interest of the
security of the United States to temporarily revise USML Category XI
paragraph (b), pursuant to the provisions of 22 CFR 126.2, while a long
term solution is developed. The Department will publish any permanent
revision to USML Category XI paragraph (b) addressing this issue as a
proposed rule for public comment.
This temporary revision clarifies that the scope of control in
existence prior to December 30, 2014 for USML 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 previously published a final rule on July 2, 2015
(80 FR 37974) that temporarily modified USML Category XI(b) until
December 29, 2015. This rule will extend the July 2, 2015 modification
to allow the U.S. government to consider the controls in USML Category
XI(b). Due to the current status of the review an extension until
August 30, 2017 is appropriate.
Regulatory Findings
Administrative Procedure Act
The Department is publishing this rule as a final rule based upon
good cause, and its determination that delaying the effect of this rule
during a period of public comment would be impractical, unnecessary and
contrary to public interest. 5 U.S.C. 553(b)(3)(B). In addition, the
Department 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 (APA).
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
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 implementing Executive Order
12372 regarding intergovernmental consultation on Federal programs and
activities do not apply to this rulemaking.
Executive Orders 12866 and 13563
The Department believes that benefits of the rulemaking outweigh
any costs, which are estimated to be insignificant. It is the
Department's position that this rulemaking is not a 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 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 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 121--THE UNITED STATES MUNITIONS LIST
0
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. 105-261, 112
Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129.
[[Page 78131]]
0
2. In Sec. 121.1, under Category XI, revise paragraph (b), effective
December 29, 2015 to read as follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category XI--Military Electronics
* * * * *
*(b) Electronic systems, equipment or software, not elsewhere
enumerated in this sub-chapter, 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.
* * * * *
0
3. In Sec. 121.1, under Category XI, revise paragraph (b), effective
August 30, 2017, to read as follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category XI--Military Electronics
* * * * *
*(b) Electronic systems or equipment, not elsewhere enumerated in
this sub-chapter, specially designed for intelligence purposes that
collect, survey, monitor, or exploit the electromagnetic spectrum
(regardless of transmission medium), or for counteracting such
activities.
* * * * *
Brian H. Nilsson,
Deputy Assistant Secretary for Defense Trade Controls, Bureau of
Political-Military Affairs, U.S. Department of State.
[FR Doc. 2015-31528 Filed 12-15-15; 8:45 am]
BILLING CODE 4710-25-P
