Amendment to Licensing Policy for Items Controlled for Crime Control Reasons, 63007-63009 [2020-21815]

Download as PDF Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA–2020–0613; Airspace Docket No. 20–AWP–34] RIN 2120–AA66 Revocation of Restricted Area R–4811; Hawthorne, NV Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This action removes restricted area R–4811 at Hawthorne, NV. This restricted area was established for the purpose of ordinance disposal. The United States Department of the Army has informed the FAA it no longer has a requirement for this area; therefore, the airspace is being returned to the National Airspace System (NAS). DATES: Effective date 0901 UTC, December 31, 2020. FOR FURTHER INFORMATION CONTACT: Christopher McMullin, Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. SUPPLEMENTARY INFORMATION: SUMMARY: Authority for This Rulemaking The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it returns restricted area R–4811 Hawthorne, NV, as it is no longer needed for its designated purpose within the NAS. khammond on DSKJM1Z7X2PROD with RULES The Rule This action amends 14 Code of Federal Regulations (CFR) part 73 by revoking restricted area R–4811, Hawthorne, NV. The Army no longer has a use for the restricted area, which was originally established R–4811 for the purpose of ordinance disposal. The history of the restricted area shows the airspace was activated an average of 179 VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 63007 days per year, but has not been utilized since 2017. Therefore, the FAA has determined that a valid requirement for the airspace no longer exists and the restricted area is being returned to the NAS. Since this action reduces restricted airspace, the solicitation of comments would only delay the return of airspace to public use without offering any meaningful right or benefit to any segment of the public; therefore, notice and public procedure under 5 U.S.C. 553(b) are unnecessary. extraordinary circumstances exist that warrant preparation of an environmental assessment. Regulatory Notices and Analyses The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. It, therefore: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant rule’’ under Department of Transportation (DOT) Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a regulatory evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. ■ Environmental Review The FAA has determined that this action of revoking of R–4811, Hawthorne, NV, qualifies for categorical exclusion under the National Environmental Policy Act and its implementing regulations at 40 CFR part 1500, and in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures, paragraph 5– 6.5.c, ‘‘Actions to return all or part of special use airspace (SUA) to the National Airspace System (NAS), such as revocation of airspace, a decrease in dimensions, or a reduction in times of use (e.g., from continuous to intermittent, or use by a Notice to Airmen (NOTAM)):’’ This action returns restricted airspace to the NAS. Therefore, this airspace action is not expected to result in any significant environmental impacts. In accordance with FAA Order 1050.1F, paragraph 5– 2 regarding Extraordinary Circumstances, this action has been reviewed for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis, and it is determined that no Bureau of Industry and Security PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 List of Subjects in 14 CFR Part 73 Airspace, Prohibited areas, Restricted areas. Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 73 as follows: PART 73—SPECIAL USE AIRSPACE 1. The authority citation for part 73 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. § 73.48 Nevada [Amended] 2. Section 73.48 is amended as follows: * * * * * ■ R–4811 Hawthorne, NV [Removed] Issued in Washington, DC, on September 14, 2020. Scott M. Rosenbloom, Acting Manager, Rules and Regulations Group. [FR Doc. 2020–20607 Filed 10–5–20; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE 15 CFR Part 742 [Docket No. 200624–0168] RIN 0694–AH70 Amendment to Licensing Policy for Items Controlled for Crime Control Reasons Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by revising, in part, the licensing policy for items controlled for crime control (CC) reasons, which is designed to promote respect for human rights throughout the world. BIS also is amending the EAR to provide that, except for items controlled for short supply reasons, it will consider human rights concerns when reviewing license applications for items controlled for reasons other than CC. This revision is necessary to clarify to the exporting community that licensing decisions are based in part upon U.S. Government SUMMARY: E:\FR\FM\06OCR1.SGM 06OCR1 63008 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES assessments of whether items may be used to engage in, or enable violations or abuses of, human rights including those involving censorship, surveillance, detention, or excessive use of force. DATES: This rule is effective October 6, 2020. FOR FURTHER INFORMATION CONTACT: Sheila Quarterman, Regulatory Policy Division, Office of Exporter Services, at email RPD2@bis.doc.gov or by phone at (202) 482–2440; and refer to RIN–0694– AH70. SUPPLEMENTARY INFORMATION: Background Items on the Commerce Control List (CCL), Supplement No. 1 to part 774 of the Export Administration Regulations (EAR), are listed for multilateral and unilateral control reasons to serve U.S. national security and foreign policy interests. Under the EAR, multiple criteria related to those multilateral and unilateral reasons for control may be considered in reviewing license applications for the export or reexport of items. Under the EAR, multilateral reasons for control include chemical and biological (CB), nuclear nonproliferation (NP), national security (NS), and missile technology (MT) reasons. Unilateral reasons for control include regional stability (RS), crime control (CC) and anti-terrorism (AT) reasons, as well as reasons related to exports of firearms to Organization of American States member countries (FC) and United Nations embargoes (UN). Controls for United Nations Security Council purposes are identified by the abbreviation ‘‘UN’’ in the applicable CCL entries. The ‘‘UN’’ reason for control is described in § 746.2(b) of the EAR. To date, § 742.7 of the EAR has addressed the licensing of CC equipment and related technology and software (CC-controlled items). The licensing requirement set forth in paragraph (a) and the licensing policy set forth in paragraph (b) of § 742.7 were created to promote the observance of human rights throughout the world. The impact of an export or reexport based on human rights concerns has been a consideration for CC-controlled items. Under the licensing policy set forth in paragraph (b) of § 742.7, BIS will generally consider license applications favorably on a case-by-case basis unless there is civil disorder in the country or region of destination or unless there is evidence that the government of the importing country may have violated internationally recognized human rights. VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 In this final rule, the Bureau of Industry and Security (BIS) is amending the EAR by revising the licensing policy of paragraph (b) of § 742.7. With these amendments, BIS will both expand its licensing policy as it applies to CCcontrolled items and expand its consideration of human rights beyond CC-controlled items to include those items controlled for any other reason, with the exception of items controlled for short supply. Therefore, this final rule amends § 742.7 by revising paragraph (b), in part, to specify in new subparagraph (b)(1) that BIS generally will consider favorably, on a case-bycase basis, license applications for a CCcontrolled item unless there is civil disorder in the country or region of destination or if BIS assesses that there is a risk that the items will be used in a violation or abuse of human rights. This revision is necessary to clarify to the exporting community that licensing decisions are based in part upon U.S. Government assessments about whether CC-controlled items may be used to engage in or enable violations or abuses of human rights including through violations and abuses involving censorship, surveillance, detention, or excessive use of force. This final rule also amends § 742.7 by adding a new subparagraph (b)(2) to make clear that BIS will consider the licensing policy set forth in new subparagraph (b)(1) when reviewing items controlled for reasons other than CC with the exception of items controlled for short supply. This revision furthers the foreign policy interests of the United States pertaining to the prevention of human rights violations and abuses by helping to ensure that items controlled for reasons other than CC are not exported or reexported in support of human rights violations or abuses. This revision is necessary to prevent items currently controlled for reasons other than CC, including reasons related to certain telecommunications and information security and sensors, from being used to engage in or enable the violation or abuse of human rights. As revised, this licensing policy will enable BIS and other reviewing agencies to consider (1) violations or abuses of human rights by individuals or entities other than the government of the importing country and (2) abuses of human rights by the government in addition to violations of internationally recognized human rights. Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. Sections 4801–4852. ECRA provides the legal basis for BIS’s principal authorities and serves as the authority under which BIS issues this rule. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute 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 final rule has been designated to be not significant for purposes of Executive Order 12866. The requirements of Executive Order 13771 do not apply because the rule is not significant. 2. Notwithstanding any other provision of law, no person is required to respond to, nor is subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid OMB control number. This rule affects an approved collection, the Simplified Network Application Processing (control number 0694–0088), which carries a burden hour estimate of 43 minutes, including the time necessary to submit license applications, among other things, as well as miscellaneous and other recordkeeping activities that account for 12 minutes per submission. The amendment to the licensing review policy for items controlled for crime control reasons, which typically are licensable, is not expected to significantly increase the number of submissions under these collections. 3. This rule does not contain policies associated with Federalism as that term is defined under Executive Order 13132. 4. Pursuant to section 1762 of ECRA (see 50 U.S.C. 4821), this action is exempt from the Administrative Procedure Act requirements (under 5 U.S.C. 553) for notice of proposed rulemaking, opportunity for public participation, and delay in effective date. 5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical E:\FR\FM\06OCR1.SGM 06OCR1 Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. DEPARTMENT OF COMMERCE List of Subjects in 15 CFR Part 742 [Docket No. 200921–0252] 15 CFR Parts 742 and 774 RIN 0694–AI04 Exports, Terrorism. Accordingly, part 742 of the Export Administration Regulations (15 CFR parts 730–774) is amended as follows: Controls on Exports and Reexports of Water Cannon Systems PART 742—[AMENDED] Bureau of Industry and Security, Commerce. ACTION: Final rule. 1. The authority citation for part 742 continues to read as follows: SUMMARY: ■ Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003–23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November 13, 2019). 2. Amend § 742.7 by revising paragraph (b) to read as follows: ■ § 742.7 Crime control and detection. * khammond on DSKJM1Z7X2PROD with RULES Bureau of Industry and Security * * * * (b) Licensing policy. (1) Applications for items controlled under this section will generally be considered favorably on a case-by-case basis, unless there is civil disorder in the country or region or unless there is a risk that the items will be used to violate or abuse human rights. The judicious use of export controls is intended to deter human rights violations and abuses, distance the United States from such violations and abuses, and avoid contributing to civil disorder in a country or region. (2) BIS will review license applications in accordance with the licensing policy in paragraph (b)(1) of this section for items that are not controlled under this section but that require a license pursuant to another section for any reason other than short supply and could be used by the recipient Government or other end user specifically to violate or abuse human rights. * * * * * Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2020–21815 Filed 10–5–20; 8:45 am] BILLING CODE 3510–33–P VerDate Sep<11>2014 16:34 Oct 05, 2020 Jkt 253001 AGENCY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations to impose a license requirement on exports and reexports of water cannon systems for riot or crowd control and parts and components specially designed therefor. This action furthers U.S. foreign policy interests for crime control (CC) reasons and is intended to address the spread of violations of human rights globally by enabling the government to review covered exports and reexports worldwide, except to NATO member countries and certain other military allies. This change will also enable the Government to more effectively control exports of water cannons to the Hong Kong Police Force, consistent with a 2019 Congressional mandate to prohibit the licensing of such transactions. This rule also makes conforming amendments. DATES: This rule is effective October 6, 2020. FOR FURTHER INFORMATION CONTACT: Steven Schrader, Foreign Policy Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, U.S. Department of Commerce, by email at Foreign.Policy@ bis.doc.gov, or by phone at 202–482– 4252. SUPPLEMENTARY INFORMATION: Background This rule furthers U.S. foreign policy interests for crime control (CC) reasons and is intended to promote the U.S. foreign policy of protecting human rights by imposing a license requirement under the Export Administration Regulations (EAR) for water cannon systems and related items. Specifically, in this rule, BIS establishes export and reexport controls on water cannon systems for riot or crowd control and parts and components specially designed therefor by creating new Export Control Classification Numbers (ECCN) 0A977, 0D977 and 0E977 within the Commerce PO 00000 Frm 00077 Fmt 4700 Sfmt 4700 63009 Control List (CCL) of the EAR, Supplement No. 1 to Part 774. A license is now required under the EAR for the export and reexport of water cannon systems and related software and technology to countries that have been designated with an X in CC (crime control) Column 1 of the Commerce Country Chart, Supplement No. 1 to Part 738 of the EAR. This includes most countries worldwide, other than NATO member countries and certain other military allies. Consistent with the current licensing policy described in § 742.7 of the EAR— Crime control and detection— applications to export or reexport items subject to control pursuant to this rule will generally be considered favorably on a case-by-case basis, unless there is civil disorder in the country or region or unless there is evidence that the government of the importing country may have violated internationally recognized human rights. These ECCN entries include illustrative, but not comprehensive, lists of features and items for additional clarity of what is controlled. As a conforming change, BIS amends § 742.7 of the EAR by adding ECCNs 0A977, 0D977 and 0E977 to paragraph (a) (License requirements), which identifies the license requirements for items controlled for Crime Control reasons on the CCL. On November 27, 2019, the Congress passed Public Law 116–77 to prohibit the commercial export of covered munitions items to the Hong Kong Police Force (the ‘‘Act’’). The Act explicitly directs the President to prohibit, starting 30 days after enactment, the issuance of licenses for the export of water cannons, among other items, to the Hong Kong Police Force, unless the President makes certain certifications to Congress beforehand. Prior to this rule, all of the items covered by the licensing prohibition cited in the Act were generally controlled for export to Hong Kong, except for water cannons. With this rule, water cannons and related items will now require a license for export or reexport to Hong Kong, and license applications will be reviewed consistent with all applicable laws. Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (codified, as amended, at 50 U.S.C. 4801–4852). ECRA provides the legal basis for BIS’s principal authorities E:\FR\FM\06OCR1.SGM 06OCR1

Agencies

[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Pages 63007-63009]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21815]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 742

[Docket No. 200624-0168]
RIN 0694-AH70


Amendment to Licensing Policy for Items Controlled for Crime 
Control Reasons

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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

SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) by revising, in part, the 
licensing policy for items controlled for crime control (CC) reasons, 
which is designed to promote respect for human rights throughout the 
world. BIS also is amending the EAR to provide that, except for items 
controlled for short supply reasons, it will consider human rights 
concerns when reviewing license applications for items controlled for 
reasons other than CC. This revision is necessary to clarify to the 
exporting community that licensing decisions are based in part upon 
U.S. Government

[[Page 63008]]

assessments of whether items may be used to engage in, or enable 
violations or abuses of, human rights including those involving 
censorship, surveillance, detention, or excessive use of force.

DATES: This rule is effective October 6, 2020.

FOR FURTHER INFORMATION CONTACT: Sheila Quarterman, Regulatory Policy 
Division, Office of Exporter Services, at email [email protected] or by 
phone at (202) 482-2440; and refer to RIN-0694-AH70.

SUPPLEMENTARY INFORMATION:

Background

    Items on the Commerce Control List (CCL), Supplement No. 1 to part 
774 of the Export Administration Regulations (EAR), are listed for 
multilateral and unilateral control reasons to serve U.S. national 
security and foreign policy interests. Under the EAR, multiple criteria 
related to those multilateral and unilateral reasons for control may be 
considered in reviewing license applications for the export or reexport 
of items. Under the EAR, multilateral reasons for control include 
chemical and biological (CB), nuclear nonproliferation (NP), national 
security (NS), and missile technology (MT) reasons. Unilateral reasons 
for control include regional stability (RS), crime control (CC) and 
anti-terrorism (AT) reasons, as well as reasons related to exports of 
firearms to Organization of American States member countries (FC) and 
United Nations embargoes (UN). Controls for United Nations Security 
Council purposes are identified by the abbreviation ``UN'' in the 
applicable CCL entries. The ``UN'' reason for control is described in 
Sec.  746.2(b) of the EAR.
    To date, Sec.  742.7 of the EAR has addressed the licensing of CC 
equipment and related technology and software (CC-controlled items). 
The licensing requirement set forth in paragraph (a) and the licensing 
policy set forth in paragraph (b) of Sec.  742.7 were created to 
promote the observance of human rights throughout the world. The impact 
of an export or reexport based on human rights concerns has been a 
consideration for CC-controlled items. Under the licensing policy set 
forth in paragraph (b) of Sec.  742.7, BIS will generally consider 
license applications favorably on a case-by-case basis unless there is 
civil disorder in the country or region of destination or unless there 
is evidence that the government of the importing country may have 
violated internationally recognized human rights.
    In this final rule, the Bureau of Industry and Security (BIS) is 
amending the EAR by revising the licensing policy of paragraph (b) of 
Sec.  742.7. With these amendments, BIS will both expand its licensing 
policy as it applies to CC-controlled items and expand its 
consideration of human rights beyond CC-controlled items to include 
those items controlled for any other reason, with the exception of 
items controlled for short supply. Therefore, this final rule amends 
Sec.  742.7 by revising paragraph (b), in part, to specify in new 
subparagraph (b)(1) that BIS generally will consider favorably, on a 
case-by-case basis, license applications for a CC-controlled item 
unless there is civil disorder in the country or region of destination 
or if BIS assesses that there is a risk that the items will be used in 
a violation or abuse of human rights. This revision is necessary to 
clarify to the exporting community that licensing decisions are based 
in part upon U.S. Government assessments about whether CC-controlled 
items may be used to engage in or enable violations or abuses of human 
rights including through violations and abuses involving censorship, 
surveillance, detention, or excessive use of force.
    This final rule also amends Sec.  742.7 by adding a new 
subparagraph (b)(2) to make clear that BIS will consider the licensing 
policy set forth in new subparagraph (b)(1) when reviewing items 
controlled for reasons other than CC with the exception of items 
controlled for short supply. This revision furthers the foreign policy 
interests of the United States pertaining to the prevention of human 
rights violations and abuses by helping to ensure that items controlled 
for reasons other than CC are not exported or reexported in support of 
human rights violations or abuses. This revision is necessary to 
prevent items currently controlled for reasons other than CC, including 
reasons related to certain telecommunications and information security 
and sensors, from being used to engage in or enable the violation or 
abuse of human rights. As revised, this licensing policy will enable 
BIS and other reviewing agencies to consider (1) violations or abuses 
of human rights by individuals or entities other than the government of 
the importing country and (2) abuses of human rights by the government 
in addition to violations of internationally recognized human rights.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 
Sections 4801-4852. ECRA provides the legal basis for BIS's principal 
authorities and serves as the authority under which BIS issues this 
rule.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute 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 final rule has been designated to be not significant 
for purposes of Executive Order 12866. The requirements of Executive 
Order 13771 do not apply because the rule is not significant.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor is subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid OMB 
control number. This rule affects an approved collection, the 
Simplified Network Application Processing (control number 0694-0088), 
which carries a burden hour estimate of 43 minutes, including the time 
necessary to submit license applications, among other things, as well 
as miscellaneous and other recordkeeping activities that account for 12 
minutes per submission. The amendment to the licensing review policy 
for items controlled for crime control reasons, which typically are 
licensable, is not expected to significantly increase the number of 
submissions under these collections.
    3. This rule does not contain policies associated with Federalism 
as that term is defined under Executive Order 13132.
    4. Pursuant to section 1762 of ECRA (see 50 U.S.C. 4821), this 
action is exempt from the Administrative Procedure Act requirements 
(under 5 U.S.C. 553) for notice of proposed rulemaking, opportunity for 
public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical

[[Page 63009]]

requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

List of Subjects in 15 CFR Part 742

    Exports, Terrorism.

    Accordingly, part 742 of the Export Administration Regulations (15 
CFR parts 730-774) is amended as follows:

PART 742--[AMENDED]

0
1. The authority citation for part 742 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 
Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November 
13, 2019).


0
2. Amend Sec.  742.7 by revising paragraph (b) to read as follows:


Sec.  742.7   Crime control and detection.

* * * * *
    (b) Licensing policy. (1) Applications for items controlled under 
this section will generally be considered favorably on a case-by-case 
basis, unless there is civil disorder in the country or region or 
unless there is a risk that the items will be used to violate or abuse 
human rights. The judicious use of export controls is intended to deter 
human rights violations and abuses, distance the United States from 
such violations and abuses, and avoid contributing to civil disorder in 
a country or region.
    (2) BIS will review license applications in accordance with the 
licensing policy in paragraph (b)(1) of this section for items that are 
not controlled under this section but that require a license pursuant 
to another section for any reason other than short supply and could be 
used by the recipient Government or other end user specifically to 
violate or abuse human rights.
* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-21815 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-33-P

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