Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 84211 

AIRAC date State City Airport FDC No. FDC date Subject 

28–Jan–21 ........ NE Lexington ............. Jim Kelly Field ...... 0/3429 12/7/20 RNAV (GPS) RWY 14, Amdt 1C. 

28–Jan–21 ........ CA Madera ................. Madera Muni ........ 0/4637 12/7/20 RNAV (GPS) RWY 12, Amdt 2. 

28–Jan–21 ........ CA Madera ................. Madera Muni ........ 0/4638 12/7/20 RNAV (GPS) RWY 30, Amdt 2. 

28–Jan–21 ........ WI La Crosse ............. La Crosse Rgnl .... 0/5484 12/7/20 RNAV (GPS) RWY 22, Orig-A. 

[FR Doc. 2020–28414 Filed 12–23–20; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 740 

[Docket No. 201120–0311] 

RIN 0694–AI12 

Amendment to Country Groups for 

Ukraine, Mexico and Cyprus Under the 

Export Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to revise the Country Group 

designations for Ukraine, Mexico and 

Cyprus. Specifically, in this rule, BIS 

moves Ukraine from Country Group D to 

Country Group B and adds Mexico and 

Cyprus in Country Group A:6. This rule 

also includes conforming changes. 

DATES: Effective December 28, 2020. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Muldonian, Office of National 

Security and Technology Transfer 

Controls, Patricia.Muldonian@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Export Administration 

Regulations (EAR) designates countries 

in Country Groups (A, B, D and E) 

(Supplement No. 1 to Part 740) which 

reflect each country’s export control 

policy, multilateral regime membership, 

system, and practice. The Country 

Groups generally serve as a basis for the 

availability of exceptions from license 

requirements described in part 740 

(License Exceptions) of the EAR, when 

applicable conditions are met in part 

740. Country Groups may also be used 

when describing license review policy 

and end-user and end-use based 

controls under part 744. 

The EAR also sets forth license 

requirements in the Commerce Country 

Chart (Supplement No. 1 to Part 738). 

The Commerce Country Chart contains 

licensing requirements based on the 

destination to which items listed on the 

Commerce Control List (CCL) 

(Supplement No. 1 to Part 774) will be 

exported or reexported and their 

corresponding ‘‘Reason for Control,’’ 

which is found in the CCL entry. An 

‘‘X’’ in the cell where the ‘‘reason for 

control’’ column intersects with the row 

of the destination indicates a license 

requirement. Licenses are required to 

export and reexport items under the 

EAR for multilateral reasons (i.e., 

chemical and biological (CB), nuclear 

nonproliferation (NP), national security 

(NS), and missile technology (MT)); and 

for unilateral reasons (i.e., region 

stability (RS), crime control (CC) and 

anti-terrorism (AT)), as well as to 

implement controls for firearms 

convention (FC) and United Nations 

Security Council purposes. 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. 

In combination with the CCL—the list 

of items classified and set-out as Export 

Control Classification Numbers (ECCNs) 

and arranged by categories—the 

Commerce Country Chart allows an 

exporter to determine whether a license 

is required for the export or reexport of 

an item on the CCL to the destinations 

on the Chart, unless otherwise specified 

in the particular ECCN entry on the 

CCL. 

Specific Amendments in This Rule 

Ukraine 

Ukraine is a member of the four 

multilateral export control regimes 

(Australia Group; Missile Technology 

Control Regime; Nuclear Suppliers 

Group; Wassenaar Arrangement). In 

addition, Ukraine works with the 

United States on a variety of export 

control matters. As a result, this rule 

removes Ukraine from Country Group 

D:1 and places Ukraine in Country 

Group B. This removes Ukraine from 

Country Group D completely. This rule 

does not remove ‘‘Xs’’ in Columns CB1, 

NS1, NS2, MT1, RS1, RS2, CC1 and CC2 

for Ukraine in the Commerce Country 

Chart. In addition, BIS has determined 

that exports to Ukraine are not eligible 

for License Exceptions Shipments to 

Country Group B countries (GBS) and 

Technology and software under 

restriction (TSR). This rule makes 

conforming changes in part 740 

consistent with that policy. Those 

amendments are described further in the 

following section on the ‘‘Impact of the 

Amendments in this Rule’’. 

Mexico 

Mexico is a member of three 

multilateral export control regimes 

(Australia Group; Nuclear Suppliers 

Group; Wassenaar Arrangement). 

Mexico also has national security 

interests and policies compatible with 

those of the United States. As a result, 

this rule adds Mexico to Country Group 

A:6. This rule does not remove ‘‘Xs’’ in 

Columns CB1, NS1, MT1, RS1, and CC1 

for Mexico in the Commerce Country 

Chart. 

Cyprus 

Cyprus is a member of the European 

Union. The European Union’s export 

control regulations implement the 

controls of the four multilateral export 

control regimes and apply to all 

members. In addition, the Department of 

State recently issued a temporary final 

rule revising its licensing policy for 

Cyprus in § 126.1 (Prohibited exports, 

imports and sales to or from certain 

countries) (of the International Traffic in 

Arms Regulations) (85 FR 60698, 9/28/ 

20). As a result, this final rule adds 

Cyprus to Country Group A:6. This rule 

does not remove ‘‘Xs’’ in Columns CB1, 

NS1, MT1, RS1, RS2 and CC1 for 

Cyprus in the Commerce Country Chart. 

Impact of the Amendments in This Rule 

Ukraine 

Placing Ukraine in Country Group B 

and removing it from Country Group D, 

combined with Ukraine’s existing 

Country Groups A:2, A:3, and A:4 

status, makes certain license exceptions 

available for Ukraine, when applicable 

conditions are met, and the restrictions 

in § 740.2 do not apply. The available 

license exceptions are: Shipments of 

limited value (LVS)(§ 740.3); Temporary 

imports, exports, reexports, and 

transfers (in-country) (TMP)(§ 740.9); 

Servicing and replacement of parts and 

equipment (RPL) (§ 740.10); Gift parcels 

and humanitarian donations 

(GFT)(§ 740.12); Baggage 


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84212 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 

(BAG)(§ 740.14); Aircraft and vessels 

(AVS)(§ 740.15); Additional permissive 

reexports (APR)(§ 740.16); and 

Encryption, commodities, software, and 

technology (ENC)(§ 740.17). 

As noted earlier, License Exceptions 

Shipments to Country Group B 

countries (GBS) (§ 740.4) and 

Technology and software under 

restriction (TSR) (§ 740.6) will not be 

available for exports to Ukraine. 

Therefore, in this rule, BIS made 

conforming amendments in §§ 740.4 

and 740.6 to clearly set forth that license 

exceptions GBS and TSR are available 

for Country Group B countries except 

Ukraine. 

These changes also allow a less 

restrictive licensing policy for the 

export and reexport to Ukraine of items 

listed on the CCL and controlled for 

national security reasons. Also as a 

result of the amendments in this rule, 

applications to export and reexport to 

Ukraine items listed on the CCL and 

controlled for national security reasons 

will no longer be subject to the case-bycase licensing policy in § 742.4(b)(2), 

and now will be subject to a licensing 

policy of approval per § 742.4(b)(1)(i). 

The restrictions on the export, reexport, 

and transfer (in-country) of certain 

microprocessors to military end uses 

and end users in Country Group D:1, 

pursuant to § 744.17, (Restrictions on 

certain exports, reexports, and transfers 

(in-country) of microprocessors and 

associated ‘‘software’’ and ‘‘technology’’ 

for ‘military end uses’ and to ‘military 

end users’) also no longer apply to 

Ukraine. Furthermore, § 744.7 

(Restrictions on certain exports to and 

for the use of certain foreign vessels or 

aircraft) restrictions on certain exports 

and reexports to vessels and aircraft, 

located in Ukrainian ports or registered 

in Ukraine no longer apply to that 

destination. Finally, by removing 

Ukraine from Country Group D:1, the 

§ 736.2(b)(3), General Prohibition Three, 

licensing requirements for reexports of 

the foreign-produced direct product of 

U.S.-origin technology and software to 

Ukraine no longer apply. 

These amendments are intended to 

serve U.S. national security and foreign 

policy interests toward Ukraine. This 

rule does not change the status of the 

Crimea Region of Ukraine under the 

EAR. 

Mexico 

With the addition of Mexico to 

Country Group A:6, License Exception 

Strategic Trade Authorization (STA) is 

available for exports, reexports and 

transfer (in-country) of lesser sensitivity 

items controlled for NS reasons only as 

set forth in § 740.20(c)(2). This new 

Country Group status is in addition to 

Mexico’s existing Country Group B 

status which includes the availability of 

License Exceptions GBS and TSR. 

Cyprus 

Adding Cyprus to Country Group A:6 

makes License Exception STA available 

for exports, reexports and transfer (incountry) of lesser sensitivity items 

controlled for NS reasons only as set 

forth in § 740.20(c)(2). This new 

Country Group status is in addition to 

Cyprus’ existing Country Group B status 

which includes the availability of 

License Exceptions GBS and TSR. As 

Cyprus also is in Country Group D:5 

(U.S. Arms Embargoed Countries), 

however, consideration of license 

exceptions must include particular 

review and compliance with the 

restrictions on items in a 9x515 or ‘‘600 

series’’ ECCN as set forth in paragraphs 

(a)(12) and (13) of § 740.2. 

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. 4801–4852) that 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. As set forth in Section 1768 of 

ECRA, all delegations, rules, 

regulations, orders, determinations, 

licenses, or other forms of 

administrative action that were made, 

issued, conducted, or allowed to 

become effective under the Export 

Administration Act of 1979 (50 U.S.C. 

4601 et seq.) (as in effect prior to August 

13, 2018, and as continued in effect 

pursuant to the International Emergency 

Economic Powers Act (50 U.S.C. 1701 et 

seq.)), or the Export Administration 

Regulations, and were in effect as of 

August 13, 2018, shall continue in effect 

according to their terms until modified, 

superseded, set aside, or revoked under 

the authority of ECRA. 

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 a ‘‘significant 

regulatory action,’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

2. This final rule is not subject to the 

requirements of E.O. 13771 (82 FR 9339, 

February 3, 2017) because it is issued 

with respect to a military and foreign 

affairs function of the United States. In 

particular, this rule recognizes: (1) The 

Government of Ukraine’s continuing 

engagement with regional and 

international export control authorities; 

(2) Mexico’s multilateral export control 

regime memberships and national 

security approaches and interests 

compatible with the United States; and 

(3) Cyprus’ European Union 

membership and like-minded export 

controls. These changes to the EAR 

serve U.S. foreign policy and national 

security interests. Accordingly, this rule 

meets the requirements set forth in the 

April 5, 2017, OMB guidance 

implementing E.O. 13771. See https://

www.whitehouse.gov/sites/ 

whitehouse.gov/files/omb/memoranda/ 

2017/M-17-21-OMB.pdf. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018 (50 

U.S.C. 4821), this action is exempt from 

the Administrative Procedure Act (5 

U.S.C. 553) requirements 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 

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. 

6. Notwithstanding any other 

provision of law, no person may be 

required to respond to or be 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 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves a collection currently approved 

by OMB under control number 0694– 

0088, Simplified Network Application 

Processing System. The collection 

includes, among other things, license 

applications, and carries a burden 

estimate of 42.5 minutes for a manual or 

electronic submission for a total burden 


tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Rules and Regulations 84213 

estimate of 31,878 hours. BIS expects 

the burden hours associated with this 

collection to decrease slightly or have 

limited impact on the existing estimates. 

Any comments regarding the collection 

of information associated with this rule, 

including suggestions for reducing the 

burden, should be sent within 30 days 

of publication of this notice to http:// 

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

30-day Review—Open for Public 

Comments’’ or by using the search 

function. 

List of Subjects in 15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, part 740 of the Export 

Administration Regulations (15 CFR 

parts 730–774) are amended as follows: 

PART 740—LICENSE EXCEPTIONS 

■ 1. The authority citation for part 740 

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. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 2. Section 740.4 is revised to read as 

follows: 

§ 740.4 Shipments to Country Group B 

countries (GBS). 

License Exception GBS authorizes 

exports and reexports to Country Group 

B (see Supplement No. 1 to part 740), 

except Ukraine, of those commodities 

where the Commerce Country Chart 

(Supplement No. 1 to part 738 of the 

EAR) indicates a license requirement to 

the ultimate destination for national 

security reasons only and identified by 

‘‘GBS—Yes’’ on the CCL. See § 743.1 of 

the EAR for reporting requirements for 

exports of certain commodities under 

License Exception GBS. 

■ 3. Section 740.6 is amended by 

revising paragraph (a) introductory text 

to read as follows: 

§ 740.6 Technology and software under 

restriction (TSR). 

(a) Scope. License Exception TSR 

permits exports and reexports of 

technology and software where the 

Commerce Country Chart (Supplement 

No. 1 to part 738 of the EAR) indicates 

a license requirement to the ultimate 

destination for national security reasons 

only and identified by ‘‘TSR—Yes’’ in 

entries on the CCL, provided the 

software or technology is destined to 

Country Group B, except Ukraine. (See 

Supplement No. 1 to part 740.) A 

written assurance is required from the 

consignee before exporting or 

reexporting under this License 

Exception. 

* * * * * 

Supplement No. 1 to Part 740 

[Amended] 

■ 4. Supplement No. 1 to part 740 is 

amended by 

■ a. In the Country Group A table, 

adding ‘‘Cyprus’’ and ‘‘Mexico’’ in 

alphabetical order to Column A:6. 

■ b. In the Country Group B table, 

adding ‘‘Ukraine’’ in alphabetical order; 

■ c. In the Country Group D table, 

removing the entry for ‘‘Ukraine’’; 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2020–26552 Filed 12–23–20; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Parts 773 and 778 

Federal Railroad Administration 

49 CFR Part 264 

Federal Transit Administration 

49 CFR Part 662 

[Docket No. FHWA–2016–0037] 

FHWA RIN 2125–AF73; FRA RIN 2130– 

AC66; FTA RIN 2132–AB32 

Program for Eliminating Duplication of 

Environmental Review 

AGENCY: Federal Highway 

Administration (FHWA), Federal 

Railroad Administration (FRA), Federal 

Transit Administration (FTA), U.S. 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: FHWA, FRA, and FTA are 

issuing this final rule to establish the 

regulations governing the DOT Program 

for Eliminating Duplication of 

Environmental Reviews (Pilot Program). 

Section 1309 of the Fixing America’s 

Surface Transportation (FAST) Act, as 

further amended, directed the Secretary 

of Transportation to establish a pilot 

program authorizing up to two States to 

conduct environmental reviews and 

make approvals for projects under State 

environmental laws and regulations, 

instead of the National Environmental 

Policy Act (NEPA), under certain 

circumstances. Section 1309(c) requires 

the Secretary, in consultation with the 

Chair of the Council on Environmental 

Quality (CEQ), to promulgate 

regulations to implement the 

requirements of the Pilot Program, 

including application requirements and 

criteria necessary to determine whether 

State laws and regulations are at least as 

stringent as the applicable Federal law. 

This final rule also implements 

Section 1308 of the FAST Act, which 

amends the corrective action period of 

the Surface Transportation Project 

Delivery Program (Section 327 

Program). 

DATES: This final rule is effective 

January 27, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

FHWA, James Gavin, Office of Project 

Development and Environmental 

Review, (202) 366–1473, or Diane 

Mobley, Office of Chief Counsel, (202) 

366–1366. For FRA, Michael Johnsen, 

Office of Railroad Policy and 

Development, (202) 493–1310, or Chris 

Van Nostrand, Office of Chief Counsel, 

(202) 493–6058. For FTA, Megan Blum, 

Office of Planning and Environment, 

(202) 366–0463, or Mark Montgomery, 

Office of Chief Counsel, 202–366–1017. 

The Agencies are located at 1200 New 

Jersey Ave. SE, Washington, DC 20590. 

Office hours are from 9:00 a.m. to 5:00 

p.m. ET, Monday through Friday, except 

Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 1309 of the FAST Act (Pub. L. 

114–94, 129 Stat. 1312), codified at 23 

U.S.C. 330, established a pilot program 

that allows the Secretary to approve up 

to five States (to include the District of 

Columbia and Puerto Rico) to use one or 

more State environmental laws instead 

of the NEPA process for a State’s 

environmental review of surface 

transportation projects. Section 1309 

required the Secretary, in consultation 

with the Chair of CEQ, to promulgate 

regulations governing the Pilot Program. 

FHWA, FRA, and FTA, herein referred 

to as the ‘‘Agencies’’ or, when singular, 

the ‘‘Agency,’’ are promulgating these 

regulations under a delegation from the 

Secretary. 

This final rule establishes the Pilot 

Program, specifies application 

requirements, and defines the criteria 

the Agencies will use to determine 

whether a State law or regulation is as 

stringent as the Federal requirements 

under NEPA, the procedures 

implementing NEPA, and NEPA-related 

regulations and executive orders. As a 

prerequisite to a State’s participation in 

the Pilot Program, it must have assumed 

the Secretary’s responsibilities for 


tkelley on DSKBCP9HB2PROD with RULES