International Traffic in Arms Regulations: Addition of Cambodia to List of Proscribed Countries, 70053-70054 [2021-26590]
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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
553(b)(B). Seeking public comment is
impracticable, unnecessary, and
contrary to the public interest. The 90day postponement of the effective date,
until January 9, 2023, is required by
court order in accordance with the
court’s authority to postpone a rule’s
effective date pending judicial review (5
U.S.C. 705). Seeking prior public
comment on this postponement would
have been impracticable, as well as
contrary to the public interest in the
orderly issuance and implementation of
regulations.
Dated: December 3, 2021.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2021–26643 Filed 12–8–21; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11601]
RIN 1400–AF47
International Traffic in Arms
Regulations: Addition of Cambodia to
List of Proscribed Countries
Department of State.
ACTION: Final rule.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
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Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to add
Cambodia in the list of countries for
which it is the policy of the United
States to deny licenses and other
approvals for exports and imports of
defense articles and defense services.
This change reflects that it is the policy
of the United States to deny all licenses
and other approvals to export and
import defense articles and defense
services destined for or originating in
Cambodia, except as otherwise provided
herein.
DATES: The rule is effective on
December 9, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Engda Wubneh, Foreign Affairs Officer,
Office of Defense Trade Controls Policy,
U.S. Department of State, telephone
(202) 663–1809, or email
DDTCCustomerService@state.gov.
ATTN: Regulatory Change, ITAR
Section 126.1 Cambodia.
SUPPLEMENTARY INFORMATION: On June 1,
2021, the Department expressed serious
concerns about the People’s Republic of
China’s (PRC’s) military presence and
other activities in Cambodia and
emphasized that a PRC military base in
Cambodia would undermine Cambodian
sovereignty, threaten regional security,
SUMMARY:
and negatively impact U.S.-Cambodia
relations. Senior officials at the
Departments of State and Defense
continue to voice these concerns but
Cambodia continues to allow the PRC to
expand its military presence and
construct exclusive-use facilities on the
Gulf of Thailand.
In response to significant credible
evidence of corruption, human rights
abuses, and an exclusive agreement
with the People’s Republic of China
(PRC) on military expansion in
Cambodia by the Cambodian
government, effective immediately, the
Department is amending ITAR § 126.1
by adding Cambodia in paragraph (o)
and revising the country policy chart in
paragraph (d)(2). The policy of denial
applies to licenses or other approvals for
exports and imports of defense articles
and defense services destined for or
originating in Cambodia, with
exceptions related to conventional
weapons destruction and humanitarian
demining activities. This action also
precludes the use of exemptions from
licensing or other approval
requirements as described in that
section.
The Department of State is of the
opinion that controlling the import and
export of defense articles and services is
a military or foreign affairs function of
the United States Government and that
rules implementing this function are
exempt from sections 553 (rulemaking)
and 554 (adjudications) of the
Administrative Procedure Act (APA),
pursuant to 5 U.S.C. 553(a)(1). Since
this rule is exempt from 5 U.S.C 553, the
provisions of section 553(d) do not
apply to this rulemaking. Therefore, this
rule is effective upon publication.
Regulatory Flexibility Act
Since this rule is exempt from the
notice-and-comment provisions of 5
U.S.C. 553(b), 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 are deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
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70053
Congressional Review Act
This amendment has been found not
to be a major rule within the meaning
of the Small Business Regulatory
Enforcement Fairness Act of 1996.
Executive Orders 12372 and 13132
This rulemaking will not have
substantial direct effects on the States,
on the relationship between the
National Government and the States, or
on the distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with Executive Order 13132,
the Department has determined that 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).
Because the scope of this rule does not
impose additional regulatory
requirements or obligations, the
Department believes costs associated
with this rule will be minimal. This rule
has not been designated a ‘‘significant
regulatory action’’ by the Office and
Information and Regulatory Affairs
under Executive Order 12866.
Executive Order 12988
The Department of State has reviewed
this rulemaking in light 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, Executive Order 13175
does 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.
E:\FR\FM\09DER1.SGM
09DER1
70054
Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / Rules and Regulations
List of Subjects in 22 CFR Part 126
PART 126—GENERAL POLICIES AND
PROVISIONS
Arms and munitions, Exports.
For the reasons set forth above, title
22, chapter I, subchapter M, part 126 is
amended as follows:
1. The authority citation for part 126
continues to read as follows:
■
Authority: 22 U.S.C. 2752, 2778, 2780,
2791, and 2797; 22 U.S.C. 2651a; 22 U.S.C.
287c; Sec. 1225, Pub. L. 108–375; Sec. 7089,
Pub. L. 111–117; Pub. L. 111–266; Sections
7045 and 7046, Pub. L. 112–74; E.O. 13637,
78 FR 16129.
2. Section 126.1 is amended by
revising the table in paragraph (d)(2)
and adding paragraph (o) to read as
follows:
■
§ 126.1 Prohibited exports, imports, and
sales to or from certain countries.
*
*
*
(d) * * *
(2) * * *
*
*
TABLE 2 TO PARAGRAPH (d)(2)
Country
Country specific paragraph location
Afghanistan ...................................................................................................................................................
Cambodia ......................................................................................................................................................
Central African Republic ...............................................................................................................................
Cyprus ...........................................................................................................................................................
Democratic Republic of Congo .....................................................................................................................
Ethiopia .........................................................................................................................................................
Eritrea ...........................................................................................................................................................
Haiti ...............................................................................................................................................................
Iraq ................................................................................................................................................................
Lebanon ........................................................................................................................................................
Libya .............................................................................................................................................................
Russia ...........................................................................................................................................................
Somalia .........................................................................................................................................................
South Sudan .................................................................................................................................................
Sudan ............................................................................................................................................................
Zimbabwe .....................................................................................................................................................
*
*
*
*
*
(o) Cambodia. It is the policy of the
United States to deny licenses or other
approvals for exports and imports of
defense articles and defense services
destined for or originating in Cambodia,
except that a license or other approval
may be issued, on a case-by-case basis,
for defense articles and defense services
in furtherance of conventional weapons
destruction or humanitarian mine action
activities.
*
*
*
*
*
Kevin E. Bryant,
Deputy Director, Office of Directives
Management, U.S. Department of State.
[FR Doc. 2021–26590 Filed 12–8–21; 8:45 am]
BILLING CODE 4710–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210210–0018; RTID 0648–
XB240]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Hookand-Line Catcher/Processors in the
Western Regulatory Area of the Gulf of
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for Pacific cod by hook-and-line
catcher/processors in the Western
Regulatory Area of the Gulf of Alaska
(GOA). This action is necessary to
prevent exceeding the 2021 Pacific cod
total allowable catch apportioned to
hook-and-line catcher/processors in the
Western Regulatory Area of the GOA.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), December 6, 2021,
through 2400 hours, A.l.t., December 31,
2021.
FOR FURTHER INFORMATION CONTACT:
Allyson Olds, 907–586–7228.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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16:33 Dec 08, 2021
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also
also
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
paragraph
(g) of this section.
(o) of this section.
(u) of this section.
(r) of this section.
(i) of this section.
(n) of this section.
(h) of this section.
(j) of this section.
(f) of this section.
(t) of this section.
(k) of this section.
(l) of this section.
(m) of this section.
(w) of this section.
(v) of this section.
(s) of this section.
NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
under authority of the MagnusonStevens Fishery Conservation and
Management Act. Regulations governing
fishing by U.S. vessels in accordance
with the FMP appear at subpart H of 50
CFR part 600 and 50 CFR part 679.
Regulations governing sideboard
protections for GOA groundfish
fisheries appear at subpart B of 50 CFR
part 680.
The 2021 Pacific cod total allowable
catch (TAC) apportioned to hook-andline catcher/processors in the Western
Regulatory Area of the GOA is 1,068
metric tons (mt), as established by the
final 2021 and 2022 harvest
specifications for groundfish of the GOA
(86 FR 10184, February 19, 2021).
In accordance with § 679.20(d)(1)(i),
the Administrator, Alaska Region,
NMFS (Regional Administrator) has
determined that the 2021 Pacific cod
TAC apportioned to hook-and-line
catcher/processors in the Western
Regulatory Area of the GOA will soon
be reached. Therefore, the Regional
Administrator is establishing a directed
fishing allowance of 1,058 mt and is
setting aside the remaining 10 mt as
SUPPLEMENTARY INFORMATION:
E:\FR\FM\09DER1.SGM
09DER1
]]>Agencies
[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 70053-70054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26590]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF STATE
22 CFR Part 126
[Public Notice: 11601]
RIN 1400-AF47
International Traffic in Arms Regulations: Addition of Cambodia
to List of Proscribed Countries
AGENCY: Department of State.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of State is amending the International Traffic
in Arms Regulations (ITAR) to add Cambodia in the list of countries for
which it is the policy of the United States to deny licenses and other
approvals for exports and imports of defense articles and defense
services. This change reflects that it is the policy of the United
States to deny all licenses and other approvals to export and import
defense articles and defense services destined for or originating in
Cambodia, except as otherwise provided herein.
DATES: The rule is effective on December 9, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Foreign Affairs
Officer, Office of Defense Trade Controls Policy, U.S. Department of
State, telephone (202) 663-1809, or email
[email protected]. ATTN: Regulatory Change, ITAR Section
126.1 Cambodia.
SUPPLEMENTARY INFORMATION: On June 1, 2021, the Department expressed
serious concerns about the People's Republic of China's (PRC's)
military presence and other activities in Cambodia and emphasized that
a PRC military base in Cambodia would undermine Cambodian sovereignty,
threaten regional security, and negatively impact U.S.-Cambodia
relations. Senior officials at the Departments of State and Defense
continue to voice these concerns but Cambodia continues to allow the
PRC to expand its military presence and construct exclusive-use
facilities on the Gulf of Thailand.
In response to significant credible evidence of corruption, human
rights abuses, and an exclusive agreement with the People's Republic of
China (PRC) on military expansion in Cambodia by the Cambodian
government, effective immediately, the Department is amending ITAR
Sec. 126.1 by adding Cambodia in paragraph (o) and revising the
country policy chart in paragraph (d)(2). The policy of denial applies
to licenses or other approvals for exports and imports of defense
articles and defense services destined for or originating in Cambodia,
with exceptions related to conventional weapons destruction and
humanitarian demining activities. This action also precludes the use of
exemptions from licensing or other approval requirements as described
in that section.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the opinion that controlling the
import and export of defense articles and services is a military or
foreign affairs function of the United States Government and that rules
implementing this function are exempt from sections 553 (rulemaking)
and 554 (adjudications) of the Administrative Procedure Act (APA),
pursuant to 5 U.S.C. 553(a)(1). Since this rule is exempt from 5 U.S.C
553, the provisions of section 553(d) do not apply to this rulemaking.
Therefore, this rule is effective upon publication.
Regulatory Flexibility Act
Since this rule is exempt from the notice-and-comment provisions of
5 U.S.C. 553(b), 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 are deemed necessary under the provisions of the Unfunded
Mandates Reform Act of 1995.
Congressional Review Act
This amendment has been found not to be a major rule within the
meaning of the Small Business Regulatory Enforcement Fairness Act of
1996.
Executive Orders 12372 and 13132
This rulemaking will not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, the Department has determined that 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). Because
the scope of this rule does not impose additional regulatory
requirements or obligations, the Department believes costs associated
with this rule will be minimal. This rule has not been designated a
``significant regulatory action'' by the Office and Information and
Regulatory Affairs under Executive Order 12866.
Executive Order 12988
The Department of State has reviewed this rulemaking in light 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, Executive Order 13175 does 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.
[[Page 70054]]
List of Subjects in 22 CFR Part 126
Arms and munitions, Exports.
For the reasons set forth above, title 22, chapter I, subchapter M,
part 126 is amended as follows:
PART 126--GENERAL POLICIES AND PROVISIONS
0
1. The authority citation for part 126 continues to read as follows:
Authority: 22 U.S.C. 2752, 2778, 2780, 2791, and 2797; 22
U.S.C. 2651a; 22 U.S.C. 287c; Sec. 1225, Pub. L. 108-375; Sec. 7089,
Pub. L. 111-117; Pub. L. 111-266; Sections 7045 and 7046, Pub. L.
112-74; E.O. 13637, 78 FR 16129.
0
2. Section 126.1 is amended by revising the table in paragraph (d)(2)
and adding paragraph (o) to read as follows:
Sec. 126.1 Prohibited exports, imports, and sales to or from certain
countries.
* * * * *
(d) * * *
(2) * * *
Table 2 to Paragraph (d)(2)
----------------------------------------------------------------------------------------------------------------
Country Country specific paragraph location
----------------------------------------------------------------------------------------------------------------
Afghanistan................................... See also paragraph (g) of this section.
Cambodia...................................... See also paragraph (o) of this section.
Central African Republic...................... See also paragraph (u) of this section.
Cyprus........................................ See also paragraph (r) of this section.
Democratic Republic of Congo.................. See also paragraph (i) of this section.
Ethiopia...................................... See also paragraph (n) of this section.
Eritrea....................................... See also paragraph (h) of this section.
Haiti......................................... See also paragraph (j) of this section.
Iraq.......................................... See also paragraph (f) of this section.
Lebanon....................................... See also paragraph (t) of this section.
Libya......................................... See also paragraph (k) of this section.
Russia........................................ See also paragraph (l) of this section.
Somalia....................................... See also paragraph (m) of this section.
South Sudan................................... See also paragraph (w) of this section.
Sudan......................................... See also paragraph (v) of this section.
Zimbabwe...................................... See also paragraph (s) of this section.
----------------------------------------------------------------------------------------------------------------
* * * * *
(o) Cambodia. It is the policy of the United States to deny
licenses or other approvals for exports and imports of defense articles
and defense services destined for or originating in Cambodia, except
that a license or other approval may be issued, on a case-by-case
basis, for defense articles and defense services in furtherance of
conventional weapons destruction or humanitarian mine action
activities.
* * * * *
Kevin E. Bryant,
Deputy Director, Office of Directives Management, U.S. Department of
State.
[FR Doc. 2021-26590 Filed 12-8-21; 8:45 am]
BILLING CODE 4710-06-P
