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