Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of the United States Munitions List, 45652-45654 [2019-18821]

Download as PDF 45652 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations listings in FAA Order 7400.11D in full text as proposed rule documents in the Federal Register. Likewise, all amendments of these listings will be published in full text as final rules in the Federal Register. The FAA will periodically integrate all final rule amendments into a revised edition of the Order, and submit the revised edition to the Director of the Federal Register for approval for incorporation by reference in section 71.1. FAA Order 7400.11, Airspace Designations and Reporting Points, is published yearly and effective on September 15. Regulatory Notices and Analyses The FAA has determined that this action: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘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. This action neither places any new restrictions or requirements on the public, nor changes the dimensions or operation requirements of the airspace listings incorporated by reference in part 71. List of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for part 71 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. 2. Section 71.1 is revised to read as follows: ■ jspears on DSK3GMQ082PROD with RULES § 71.1 Applicability. A listing for Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points can be found in FAA Order 7400.11D, Airspace Designations and Reporting Points, dated August 8, 2019. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552 (a) and 1 CFR part 51. The approval to incorporate by reference FAA Order 7400.11D is effective September 15, VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 2019, through September 15, 2020. During the incorporation by reference period, proposed changes to the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points will be published in full text as proposed rule documents in the Federal Register. Amendments to the listings of Class A, B, C, D, and E airspace areas; air traffic service routes; and reporting points will be published in full text as final rules in the Federal Register. Periodically, the final rule amendments will be integrated into a revised edition of the Order and submitted to the Director of the Federal Register for approval for incorporation by reference in this section. Copies of FAA Order 7400.11D may be obtained from Airspace Policy Group, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591, (202) 267–8783. An electronic version of the Order is available on the FAA website at http://www.faa.gov/air_ traffic/publications. Copies of FAA Order 7400.11D may be inspected in Docket No. FAA–2019–0627; Amendment No. 71–51, on http:// www.regulations.gov. A copy of FAA Order 7400.11D may be inspected at the National Archives and Records Administration (NARA). For information on the availability of FAA Order 7400.11D at NARA, email fedreg.legal@nara.gov or go to https:// www.archives.gov/federal-register/cfr/ ibr-locations.html. § 71.51 § 71.5 RIN 1400–AE88 [Amended] 3. Section 71.5 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ [Amended] 8. Section 71.51 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ § 71.61 [Amended] 9. Section 71.61 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ § 71.71 [Amended] 10. Paragraphs (b), (c), (d), (e), and (f) of section 71.71 are amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ § 71.901 [Amended] 11. Paragraph (a) of section 71.901 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ Issued in Washington, DC, on August 26, 2019. Gemechu Gelgelu, Acting Manager, Airspace Policy Group. [FR Doc. 2019–18722 Filed 8–29–19; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF STATE 22 CFR Part 121 [Public Notice: 10779] ■ § 71.15 [Amended] 4. Section 71.15 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ § 71.31 [Amended] 5. Section 71.31 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ § 71.33 [Amended] 6. Paragraph (c) of section 71.33 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ § 71.41 [Amended] 7. Section 71.41 is amended by removing the words ‘‘FAA Order 7400.11C’’ and adding, in their place, the words ‘‘FAA Order 7400.11D.’’ ■ PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 Adjustment of Controls for Lower Performing Radar and Continued Temporary Modification of Category XI of the United States Munitions List Department of State. Final rule; notification of temporary modification. AGENCY: ACTION: The Department of State, in response to public comments, revises Category XI on the United States Munitions List to remove items that do not warrant continued inclusion, and, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies paragraph (b) in Category XI of the United States Munitions List (USML). DATES: This rule is effective August 30, 2019, except for amendatory instruction 3 which is effective August 30, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Sarah Heidema, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663–1282; email DDTCRESPONSETEAM@STATE.GOV. SUMMARY: E:\FR\FM\30AUR1.SGM 30AUR1 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations ATTN: Radar Revision and Temporary Modification of Category XI. of the wholesale revision of USML Category XI. On July 1, 2014, the Department published a final rule revising Category XI of the USML, 79 FR 37536, effective December 30, 2014. That 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 later determined that exporters may read the revised control language to exclude certain intelligenceanalytics software that has been and remains controlled on the USML. Therefore, the Department determined that it was 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 was developed. The Department published a final rule on July 2, 2015 (80 FR 37974) that temporarily modified USML Category XI(b) until December 29, 2015. The Department published a final rule on December 16, 2015 (80 FR 78130) that continued the July 2, 2015 modification to August 30, 2017. The Department published a final rule on August 30, 2017 (82 FR 41172) that continued the December 16, 2015 modification to August 30, 2018. The Department published a final rule on August 30, 2018 (83 FR 44228) that continued the December 16, 2015 modification to August 30, 2019. The temporary revision clarified that the scope of control in existence prior to December 30, 2014 for USML Category XI paragraph (b) and directly related software in paragraph (d) remains in effect. This clarification is achieved by reinserting the words ‘‘analyze and produce information from’’ and by adding software to the description of items controlled. The Department, with its interagency partners, continues to develop a long term solution for USML Category XI(b). However, that solution will not be in place when the current temporary modification expires on August 30, 2019. Therefore, the Department has determined, for the national security and foreign policy of the United States and in the best interest of the U.S. defense industry, to publish a final rule that extends the temporary modification of USML XI(b) for two years, to August 30, 2021, to allow it to be revised as part Adjustment of Controls for Lower Performing Radar jspears on DSK3GMQ082PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 15:51 Aug 29, 2019 Jkt 247001 On February 12, 2018, the Department published a Notice of Inquiry (83 FR 5970) requesting public comment on USML Categories V, X, and XI. The Department and the interagency are reviewing the public comments submitted in response, and the Department intends to draft a proposed rule setting out revised versions of the three categories for public comment. Extending the temporary revisions of USML Category XI(b) now will allow the U.S. government to finalize its review of USML Category XI, which might include proposing further modification to USML Category XI paragraph (b) as may be warranted. In the public comments that the Department received in response to the Notice of Inquiry were several that identified current and imminent commercial uses for certain lower performing radars, including in driverassisted and self-driving ground vehicles and in detect and avoid systems for autonomous aerial systems. In its review of the public comments and development of a rulemaking on USML Category XI, the Department and its interagency partners have determined that revisions to USML Category XI can be made to exclude these radars and radar components from the USML. The control for certain air surveillance radar in paragraph (a)(3)(ix) of USML Category XI is reserved and a note is added to Category XI that removes from the USML those transmit/ receive modules and transmit/receive monolithic microwave integrated circuits (MMICs) fabricated exclusively with homojunction complementary metal–oxide–semiconductor (CMOS) silicon-based circuits on silicon substrates, as well as radars and radar antennas that are specially designed to use only such modules or MMICs. These radars and radar components will become subject to the Export Administration Regulations upon the effective date of this revision as a matter of law, pursuant to 15 CFR 734.3(a). Regulatory Findings Administrative Procedure Act This rulemaking is exempt from section 553 (Rulemaking) and section 554 (Adjudications) of the Administrative Procedure Act (APA) pursuant to 5 U.S.C. 553(a)(1) as a military or foreign affairs function of the United States Government. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 45653 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 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rulemaking is a significant but not an economically significant rule, under the criteria of Executive Order 12866, and is consistent with the provisions of Executive Order 13563. Executive Order 12988 The Department of State has reviewed this rulemaking in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. E:\FR\FM\30AUR1.SGM 30AUR1 45654 Federal Register / Vol. 84, No. 169 / Friday, August 30, 2019 / Rules and Regulations 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 Executive Order 13771 This rule is not subject to the requirements of E.O. 13771 as the impacts are considered de minimis (82 FR 9339, February 3, 2017). List of Subjects in 22 CFR Part 121 1. The authority citation for part 121 continues to read as follows: 2. Effective August 30, 2019, in § 121.1, under Category XI, remove and reserve paragraph (a)(3)(ix), revise paragraph (b), and add a note to Category XI to read as follows: ■ The United States Munitions List. * Category XI—Military Electronics jspears on DSK3GMQ082PROD with RULES * * * * * * (b) Electronic systems, equipment or software, not elsewhere enumerated in this subchapter, specially designed for intelligence purposes that collect, survey, monitor, or exploit, or analyze and produce information from, the electromagnetic spectrum (regardless of transmission medium), or for counteracting such activities. * * * * * Note to Category XI: Category XI does not control transmit/receive modules, transmit/ receive MMICs, transmit modules, or transmit MMICs that incorporate or are MMICs fabricated exclusively with homojunction CMOS silicon-based circuits on silicon substrates, or radars and radar 15:51 Aug 29, 2019 3. Effective August 30, 2021, in § 121.1, under Category XI, revise paragraph (b) to read as follows: ■ § 121.1 * * * PART 2200—RULES OF PROCEDURE * Category XI—Military Electronics Jkt 247001 * * * * *(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. * * * * * Rules of Procedure; Corrections Occupational Safety and Health Review Commission. AGENCY: ACTION: Correcting amendments. This document makes technical amendments to and corrects typographical errors in the final rule published by the Occupational Safety and Health Review Commission in the Federal Register on April 10, 2019. That rule revised the procedural rules governing practice before the Occupational Safety and Health Review Commission. SUMMARY: DATES: Effective on August 30, 2019. Ron Bailey, Attorney-Advisor, Office of the General Counsel, by telephone at (202) 606–5410, by email at rbailey@ oshrc.gov, or by mail at: 1120 20th Street NW, Ninth Floor, Washington, DC 20036–3457. FOR FURTHER INFORMATION CONTACT: OSHRC published revisions to its rules of procedure in the Federal Register on April 10, 2019 (84 FR 14554). This document makes technical amendments to the final rule and corrects typographical errors found after publication of the final rule. SUPPLEMENTARY INFORMATION: PO 00000 List of Subjects in 29 CFR Part 2200 Administrative practice and procedure, Hearing and appeal procedures. Accordingly, 29 CFR part 2200 is amended by making the following correcting amendments: The United States Munitions List. * 29 CFR Part 2200 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. VerDate Sep<11>2014 * OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION ■ * * BILLING CODE 4710–25–P PART 121—THE UNITED STATES MUNITIONS LIST * * [FR Doc. 2019–18821 Filed 8–29–19; 8:45 am] For reasons stated in the preamble, the State Department amends 22 CFR part 121 as follows: * * Andrea Thompson, Under Secretary for Arms Control and International Security. Arms and munitions, Classified information, Exports. * * * This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Chapter 35. § 121.1 antennas specially designed to use only such modules or MMICs. Frm 00028 Fmt 4700 Sfmt 4700 1. The authority citation for part 2200 continues to read as follows: ■ Authority: 29 U.S.C. 661(g), unless otherwise noted. Section 2200.96 is also issued under 28 U.S.C. 2112(a). 2. Amend § 2200.1 by revising paragraph (f) to read as follows: ■ § 2200.1 Definitions. * * * * * (f) Judge means an Administrative Law Judge appointed pursuant to section 12(e) of the Act, 29 U.S.C. 661(e), as amended by Public Law 95– 251, 92 Stat. 183, 184 (1978). * * * * * ■ 3. Amend § 2200.8 by revising paragraph (c)(2)(ii) and paragraph (c)(7) as follows: § 2200.8 Filing. * * * * * (c) * * * (2) * * * (ii) Self-represented parties or intervenors who do not elect e-filing must file documents by postage-prepaid first class or higher class U.S. Mail, commercial delivery service, personal delivery, or facsimile transmission as described in paragraph (d) of this section. * * * * * (7) Date of filing. The date of filing for documents filed electronically is the day that the complete document is successfully submitted in the Commission’s E-File System pursuant to § 2200.4(a)(4)(i). Electronic filing shall be completed by following the instructions on the Commission’s website (www.oshrc.gov). * * * * * ■ 4. Amend § 2200.30 by revising paragraph (c) as follows: § 2200.30 General rules. * * * * * (c) Separation of claims. Each allegation or response shall be made in separate numbered paragraphs. Each paragraph shall be limited as far as practicable to a statement of a single set of circumstances. * * * * * ■ 5. Amend § 2200.67 by revising paragraph (b) as follows: E:\FR\FM\30AUR1.SGM 30AUR1

Agencies

[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45652-45654]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18821]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 10779]
RIN 1400-AE88


Adjustment of Controls for Lower Performing Radar and Continued 
Temporary Modification of Category XI of the United States Munitions 
List

AGENCY: Department of State.

ACTION: Final rule; notification of temporary modification.

-----------------------------------------------------------------------

SUMMARY: The Department of State, in response to public comments, 
revises Category XI on the United States Munitions List to remove items 
that do not warrant continued inclusion, and, pursuant to its 
regulations and in the interest of the security of the United States, 
temporarily modifies paragraph (b) in Category XI of the United States 
Munitions List (USML).

DATES: This rule is effective August 30, 2019, except for amendatory 
instruction 3 which is effective August 30, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Sarah Heidema, Director, Office of 
Defense Trade Controls Policy, Department of State, telephone (202) 
663-1282; email [email protected].

[[Page 45653]]

ATTN: Radar Revision and 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. That 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 later 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 
Department determined that it was 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 
was developed. The Department published a final rule on July 2, 2015 
(80 FR 37974) that temporarily modified USML Category XI(b) until 
December 29, 2015. The Department published a final rule on December 
16, 2015 (80 FR 78130) that continued the July 2, 2015 modification to 
August 30, 2017. The Department published a final rule on August 30, 
2017 (82 FR 41172) that continued the December 16, 2015 modification to 
August 30, 2018. The Department published a final rule on August 30, 
2018 (83 FR 44228) that continued the December 16, 2015 modification to 
August 30, 2019.
    The temporary revision clarified that the scope of control in 
existence prior to December 30, 2014 for USML Category XI paragraph (b) 
and directly related software in paragraph (d) remains in effect. This 
clarification is achieved by reinserting the words ``analyze and 
produce information from'' and by adding software to the description of 
items controlled.
    The Department, with its interagency partners, continues to develop 
a long term solution for USML Category XI(b). However, that solution 
will not be in place when the current temporary modification expires on 
August 30, 2019. Therefore, the Department has determined, for the 
national security and foreign policy of the United States and in the 
best interest of the U.S. defense industry, to publish a final rule 
that extends the temporary modification of USML XI(b) for two years, to 
August 30, 2021, to allow it to be revised as part of the wholesale 
revision of USML Category XI.

Adjustment of Controls for Lower Performing Radar

    On February 12, 2018, the Department published a Notice of Inquiry 
(83 FR 5970) requesting public comment on USML Categories V, X, and XI. 
The Department and the interagency are reviewing the public comments 
submitted in response, and the Department intends to draft a proposed 
rule setting out revised versions of the three categories for public 
comment. Extending the temporary revisions of USML Category XI(b) now 
will allow the U.S. government to finalize its review of USML Category 
XI, which might include proposing further modification to USML Category 
XI paragraph (b) as may be warranted.
    In the public comments that the Department received in response to 
the Notice of Inquiry were several that identified current and imminent 
commercial uses for certain lower performing radars, including in 
driver-assisted and self-driving ground vehicles and in detect and 
avoid systems for autonomous aerial systems. In its review of the 
public comments and development of a rulemaking on USML Category XI, 
the Department and its interagency partners have determined that 
revisions to USML Category XI can be made to exclude these radars and 
radar components from the USML. The control for certain air 
surveillance radar in paragraph (a)(3)(ix) of USML Category XI is 
reserved and a note is added to Category XI that removes from the USML 
those transmit/receive modules and transmit/receive monolithic 
microwave integrated circuits (MMICs) fabricated exclusively with 
homojunction complementary metal-oxide-semiconductor (CMOS) silicon-
based circuits on silicon substrates, as well as radars and radar 
antennas that are specially designed to use only such modules or MMICs. 
These radars and radar components will become subject to the Export 
Administration Regulations upon the effective date of this revision as 
a matter of law, pursuant to 15 CFR 734.3(a).

Regulatory Findings

Administrative Procedure Act

    This rulemaking is exempt from section[thinsp]553 (Rulemaking) and 
section[thinsp]554 (Adjudications) of the Administrative Procedure Act 
(APA) pursuant to 5 U.S.C. 553(a)(1) as a military or foreign affairs 
function of the United States Government.

Regulatory Flexibility Act

    Since the Department is of the opinion that this rule is exempt 
from the provisions of 5 U.S.C. 553, there is no requirement for an 
analysis under the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not involve a mandate that will result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector, of $100 million or more in any year and it 
will not significantly or uniquely affect small governments. Therefore, 
no actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

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

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributed impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rulemaking is a significant but not an economically 
significant rule, under the criteria of Executive Order 12866, and is 
consistent with the provisions of Executive Order 13563.

Executive Order 12988

    The Department of State has reviewed this rulemaking in light of 
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
ambiguity, minimize litigation, establish clear legal standards, and 
reduce burden.

[[Page 45654]]

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.

Executive Order 13771

    This rule is not subject to the requirements of E.O. 13771 as the 
impacts are considered de minimis (82 FR 9339, February 3, 2017).

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.

0
2. Effective August 30, 2019, in Sec.  121.1, under Category XI, remove 
and reserve paragraph (a)(3)(ix), revise paragraph (b), and add a note 
to Category XI 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 subchapter, specially designed for intelligence 
purposes that collect, survey, monitor, or exploit, or analyze and 
produce information from, the electromagnetic spectrum (regardless of 
transmission medium), or for counteracting such activities.
* * * * *

    Note to Category XI:  Category XI does not control transmit/
receive modules, transmit/receive MMICs, transmit modules, or 
transmit MMICs that incorporate or are MMICs fabricated exclusively 
with homojunction CMOS silicon-based circuits on silicon substrates, 
or radars and radar antennas specially designed to use only such 
modules or MMICs.

* * * * *

0
3. Effective August 30, 2021, in Sec.  121.1, under Category XI, revise 
paragraph (b) 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 subchapter, specially designed for intelligence purposes that 
collect, survey, monitor, or exploit the electromagnetic spectrum 
(regardless of transmission medium), or for counteracting such 
activities.
* * * * *

Andrea Thompson,
Under Secretary for Arms Control and International Security.
[FR Doc. 2019-18821 Filed 8-29-19; 8:45 am]
BILLING CODE 4710-25-P