International Traffic in Arms Regulations (ITAR): Continued Temporary Modification of Category XI of the United States Munitions List, 48021-48022 [2021-18544]
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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
Executive Order 12866, as
Supplemented by Executive Order
13563
SSA, for purposes of publication in the
Federal Register.
We consulted with the Office of
Management and Budget (OMB) and
determined that this final rule does not
meet the criteria for a significant
regulatory action under Executive Order
(E.O.) 12866, as supplemented by E.O.
13563. Thus, OMB did not review the
final rule. We also determined that this
final rule meets the plain language
requirement of E.O. 12866.
Executive Order 13132 (Federalism)
We analyzed this final rule in
accordance with the principles and
criteria established by E.O. 13132 and
determined that the final rule will not
have sufficient federalism implications
to warrant the preparation of a
federalism assessment. We also
determined that this final rule would
not preempt any State law or State
regulation or affect the States’ abilities
to discharge traditional State
governmental functions.
Regulatory Flexibility Act
We certify that this final rule will not
have a significant economic impact on
a substantial number of small entities,
because it affects individuals only.
Therefore, a regulatory flexibility
analysis is not required under the
Regulatory Flexibility Act, as amended.
Paperwork Reduction Act
This final rule only removes the 5month waiting period in the regulations
cited above but does not create any new
or affect any existing collections. So, it
does not impose any burdens under the
Paperwork Reduction Act and does not
require further OMB approval.
(Catalog of Federal Domestic Assistance
Program Nos. 9601, Social Security—
Disability Insurance)
List of Subjects in 20 CFR Part 404
lotter on DSK11XQN23PROD with RULES1
Administrative practice and
procedure, Disability benefits, Old-age,
survivors, and disability insurance,
Reporting and recordkeeping
requirements, Social security.
The Acting Commissioner of the
Social Security Administration, Kilolo
Kijakazi, having reviewed and approved
this document, is delegating the
authority to electronically sign this
document to William P. Gibson, who is
the primary Federal Register Liaison for
William P. Gibson,
Federal Register Liaison, Office of Legislation
and Congressional Affairs, Social Security
Administration.
For the reasons stated in the
preamble, we amend 20 CFR part 404,
subpart D, as set forth below:
PART 404—FEDERAL OLD-AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950– )
Subpart D—Old-Age, Disability,
Dependents’ and Survivors’ Insurance
Benefits; Period of Disability
1. The authority citation for subpart D
of part 404 continues to read as follows:
■
Authority: Secs. 202, 203(a) and (b),
205(a), 216, 223, 225, and 702(a)(5) of the
Social Security Act (42 U.S.C. 402, 403(a)
and (b), 405(a), 416, 423, 425, and 902(a)(5)).
2. Amend § 404.315 by revising
paragraph (a)(4) to read as follows:
■
§ 404.315 Who is entitled to disability
benefits?
(a) * * *
(4) You have been disabled for 5 full
consecutive months or no waiting
period is required. The 5-month waiting
period begins with a month in which
you were both insured for disability and
disabled. Your waiting period can begin
no earlier than the 17th month before
the month you apply—no matter how
long you were disabled before then. No
waiting period is required if:
(i) You were previously entitled to
disability benefits or to a period of
disability under § 404.320 any time
within 5 years of the month you again
became disabled; or
(ii) You have been medically
determined to have amyotrophic lateral
sclerosis, and we approved your
application for disability insurance
benefits on or after July 23, 2020.
*
*
*
*
*
3. Amend § 404.317 by adding a
sentence after the third sentence to read
as follows:
■
§ 404.317 How is the amount of my
disability benefit calculated?
* * * If the 5-month waiting period
is not required because you have been
medically determined to have
amyotrophic lateral sclerosis (see
§ 404.315), your PIA is figured as if you
were 62 years old when you become
entitled to benefits. * * *
[FR Doc. 2021–18435 Filed 8–26–21; 8:45 am]
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48021
DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 11481]
RIN 1400–AF35
International Traffic in Arms
Regulations (ITAR): 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,
pursuant to its regulations and in the
interest of the security of the United
States, temporarily modifies Category XI
of the United States Munitions List
(USML).
SUMMARY:
This rule is effective August 30,
2021, except for amendatory instruction
3, which is effective August 30, 2026.
FOR FURTHER INFORMATION CONTACT:
Chris Weil, Technology and Jurisdiction
Analysis Division, Office of Defense
Trade Controls Policy, Department of
State, (202) 632–2870,
DDTCPublicComments@state.gov.
ATTN: ITAR Amendment—USML
Category XI(b) (1400–AE88)
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 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 subsequently published
a series of rules 1 that had the effect of
DATES:
1 80 FR 78130, 82 FR 41172, 83 FR 44228 and 84
FR 45652.
E:\FR\FM\27AUR1.SGM
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48022
Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations
continuing the modification until
August 30, 2021.
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 longterm solution for USML Category XI(b).
However, that solution will not be in
place when the current temporary
modification expires on August 30,
2021. 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 five years, to August
30, 2026, to allow it to be revised as part
of the wholesale revision of USML
Category XI.
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
U.S. 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.
lotter on DSK11XQN23PROD with RULES1
Congressional Review Act
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
VerDate Sep<11>2014
15:58 Aug 26, 2021
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implementing Executive Order 12372
regarding intergovernmental
consultation on Federal programs and
activities do not apply to this
rulemaking.
■
Executive Orders 12866 and 13563
Category XI—Military Electronics
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.
Executive Order 13175
The Department of State has
determined that this rulemaking will
not have tribal implications, will not
impose substantial direct compliance
costs on Indian tribal governments, and
will not preempt tribal law.
Accordingly, the requirements of
Executive Order 13175 do not apply to
this rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or
revise any information collections
subject to 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 121
Arms and munitions, Classified
information, Exports.
For reasons stated in the preamble,
the State Department amends 22 CFR
part 121 as follows:
PART 121—THE UNITED STATES
MUNITIONS LIST
1. The authority citation for part 121
continues to read as follows:
■
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112
Stat. 1920; Section 1261, Pub. L. 112–239;
E.O. 13637, 78 FR 16129.
PO 00000
Frm 00010
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2. In § 121.1, under Category XI, revise
paragraph (b) to read as follows:
§ 121.1
*
The United States Munitions List.
*
*
*
*
*
*
*
*
*(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.
*
*
*
*
*
■ 3. Effective August 30, 2026, in
§ 121.1, under Category XI, revise
paragraph (b) to read as follows:
§ 121.1
*
The United States Munitions List.
*
*
*
*
Category XI—Military Electronics
*
*
*
*
*
*(b) Electronic systems or equipment,
not elsewhere enumerated in this
subchapter, specially designed for
intelligence purposes that collect,
survey, monitor, or exploit the
electromagnetic spectrum (regardless of
transmission medium), or for
counteracting such activities.
*
*
*
*
*
Zachary A. Parker,
Director, Office of Directives Management,
U.S. Department of State.
[FR Doc. 2021–18544 Filed 8–26–21; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2021–0640]
Special Local Regulations; Ironman
Triathlon, Augusta, GA
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Notificaion of enforcement of
regulation.
AGENCY:
The Captain of the Port
(COTP) Savannah, Georgia will enforce
a special local regulation for the
Ironman Triathlon in Augusta, Georgia
on September 26, 2021, to provide for
the safety of life on navigable waterways
during this event. Our regulation for
marine events within the Seventh Coast
Guard District identifies the regulated
SUMMARY:
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Rules and Regulations]
[Pages 48021-48022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18544]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 11481]
RIN 1400-AF35
International Traffic in Arms Regulations (ITAR): 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, pursuant to its regulations and in
the interest of the security of the United States, temporarily modifies
Category XI of the United States Munitions List (USML).
DATES: This rule is effective August 30, 2021, except for amendatory
instruction 3, which is effective August 30, 2026.
FOR FURTHER INFORMATION CONTACT: Chris Weil, Technology and
Jurisdiction Analysis Division, Office of Defense Trade Controls
Policy, Department of State, (202) 632-2870,
[email protected]. ATTN: ITAR Amendment--USML Category XI(b)
(1400-AE88)
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 subsequently published a series of
rules \1\ that had the effect of
[[Page 48022]]
continuing the modification until August 30, 2021.
---------------------------------------------------------------------------
\1\ 80 FR 78130, 82 FR 41172, 83 FR 44228 and 84 FR 45652.
---------------------------------------------------------------------------
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,
2021. 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 five years, to
August 30, 2026, to allow it to be revised as part of the wholesale
revision of USML Category XI.
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
U.S. 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.
Congressional Review Act
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.
Executive Order 13175
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not preempt
tribal law. Accordingly, the requirements of Executive Order 13175 do
not apply to this rulemaking.
Paperwork Reduction Act
This rulemaking does not impose or revise any information
collections subject to 44 U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 121
Arms and munitions, Classified information, Exports.
For reasons stated in the preamble, the State Department amends 22
CFR part 121 as follows:
PART 121--THE UNITED STATES MUNITIONS LIST
0
1. The authority citation for part 121 continues to read as follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744
(22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2651a; Pub. L. 105-261, 112
Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129.
0
2. 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, 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.
* * * * *
0
3. Effective August 30, 2026, 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.
* * * * *
Zachary A. Parker,
Director, Office of Directives Management, U.S. Department of State.
[FR Doc. 2021-18544 Filed 8-26-21; 8:45 am]
BILLING CODE 4710-25-P
