Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 47179 

matrices, including both raw and 

cooked or baked products. 

(d) Preemption. A State or political 

subdivision of a State may not establish 

or continue into effect any law, rule, 

regulation, or other requirement that is 

different from the requirements in this 

section for the definition and use of the 

claim ‘‘gluten-free,’’ as well as the 

claims ‘‘no gluten,’’ ‘‘free of gluten,’’ or 

‘‘without gluten.’’ 

Dated: July 30, 2013. 

Leslie Kux, 

Assistant Commissioner for Policy. 

[FR Doc. 2013–18813 Filed 8–2–13; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

RIN 1400–AD41 

[Public Notice 8409] 

Amendment to the International Traffic 

in Arms Regulations: Libya and 

UNSCR 2095 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to update the 

defense trade policy regarding Libya to 

reflect resolution 2095 adopted by the 

United Nations Security Council. 

DATES: This rule is effective August 5, 

2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah J. Heidema, Acting Director, 

Office of Defense Trade Controls Policy, 

U.S. Department of State, telephone 

(202) 663–2809, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Libya. 

SUPPLEMENTARY INFORMATION: On March 

14, 2013, the United Nations Security 

Council adopted resolution 2095 

(‘‘UNSCR 2095’’), which further 

modified the arms embargo against 

Libya put in place by the adoption in 

February and March of 2011 of 

resolutions 1970 and 1973, respectively, 

and modified by resolutions 2009 and 

2016, adopted in September and 

October of 2011, respectively (for 

previous ITAR amendments regarding 

Libya defense trade policy, see 

‘‘Amendment to the International 

Traffic in Arms Regulations: Libya,’’ 

RIN 1400–AC83, 76 FR 30001, and 

‘‘Amendment to the International 

Traffic in Arms Regulations: Libya and 

UNSCR 2009,’’ RIN 1400–AC97, 76 FR 

68313). 

UNSCR 2095 removed the 

requirement for member states to notify 

the Committee of the Security Council 

concerning Libya (‘‘the Committee’’) of 

exports of non-lethal military 

equipment, and the provision of any 

technical assistance or training, 

intended solely for security or 

disarmament assistance to the Libyan 

government. It also removed the 

requirement to seek the approval of the 

Committee for exports of non-lethal 

military equipment, and related 

technical assistance or training, for 

humanitarian and protective use. The 

Department of State is amending ITAR 

§ 126.1(k) accordingly. 

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 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. Since the Department is 

of the opinion that this rule is exempt 

from 5 U.S.C. 553, it is the view of the 

Department that the provisions of 

section 553(d) do not apply to this 

rulemaking. Therefore, this rule is 

effective upon publication. The 

Department also finds that, given the 

national security issues surrounding 

U.S. policy towards Libya, notice and 

public procedure on this rule would be 

impracticable or unnecessary; for this 

reason also, this rule is effective upon 

publication. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

provisions of 5 U.S.C. 553, there is no 

requirement for an analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This rulemaking does not involve a 

mandate that will result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This rulemaking 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, 

it is 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 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). 

These executive orders stress the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

this rule has been reviewed by the 

Office of Management and Budget 

(OMB). 

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 pre-empt tribal law. 

Accordingly, the requirements of 

Executive Order 13175 do not apply to 

this rulemaking. 

Paperwork Reduction Act 

This rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

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47180 Federal Register / Vol. 78, No. 150 / Monday, August 5, 2013 / Rules and Regulations 

List of Subjects in 22 CFR Part 126 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 126 is amended as follows: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 

1. The authority citation for part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42, and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791, and 2797); 22 U.S.C. 2651a; 22 

U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 

1994 Comp., p. 899; 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 paragraph (k) to read as follows: 

§ 126.1 Prohibited exports, imports, and 

sales to or from certain countries. 

* * * * * 

(k) Libya. It is the policy of the United 

States to deny licenses or other 

approvals for exports or imports of 

defense articles and defense services 

destined for or originating in Libya, 

except that a license or other approval 

may be issued, on a case-by-case basis, 

for: 

(1) Arms and related materiel 

intended solely for security or 

disarmament assistance to the Libyan 

government, notified to the Committee 

of the Security Council concerning 

Libya in advance and in the absence of 

a negative decision by the Committee 

within five working days of such a 

notification; 

(2) Non-lethal military equipment 

when intended solely for security or 

disarmament assistance to the Libyan 

government; 

(3) The provision of any technical 

assistance or training when intended 

solely for security or disarmament 

assistance to the Libyan government; 

(4) Small arms, light weapons, and 

related materiel temporarily exported to 

Libya for the sole use of United Nations 

personnel, representatives of the media, 

and humanitarian and development 

workers and associated personnel, 

notified to the Committee of the 

Security Council concerning Libya in 

advance and in the absence of a negative 

decision by the Committee within five 

working days of such a notification; 

(5) Non-lethal military equipment 

intended solely for humanitarian or 

protective use, and related technical 

assistance or training; or 

(6) Other sales or supply of arms and 

related materiel, or provision of 

assistance or personnel, as approved in 

advance by the Committee of the 

Security Council concerning Libya. 

* * * * * 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–18940 Filed 8–2–13; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Part 1960 

[Docket No. OSHA–2013–0018] 

Basic Program Elements for Federal 

Employee Occupational Safety and 

Health Programs and Related Matters; 

Subpart I for Recordkeeping and 

Reporting Requirements 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: Final rule. 

SUMMARY: OSHA is issuing a final rule 

amending the Basic Program Elements 

to require Federal agencies to submit 

their occupational injury and illness 

recordkeeping information to the 

Bureau of Labor Statistics (BLS) and 

OSHA on an annual basis. The 

information, which is already required 

to be created and maintained by Federal 

agencies, will be used by BLS to 

aggregate injury and illness information 

throughout the Federal government. 

OSHA will use the information to 

identify Federal establishments with 

high incidence rates for targeted 

inspection, and assist in determining 

the most effective safety and health 

training for Federal employees. The 

final rule also interprets several existing 

basic program elements in our 

regulations to clarify requirements 

applicable to Federal agencies, amends 

the date when Federal agencies must 

submit to the Secretary of Labor their 

annual report on occupational safety 

and health programs, amends the date 

when the Secretary of Labor must 

submit to the President the annual 

report on Federal agency safety and 

health, and clarifies that Federal 

agencies must include uncompensated 

volunteers when reporting and 

recording occupational injuries and 

illnesses. 

DATES: This final rule becomes effective 

January 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Francis Yebesi, Director, Office of 

Federal Agency Programs, Occupational 

Safety and Health Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue NW., Room N–3622, 

Washington, DC 20210, telephone 202– 

693–2122, email: 

yebesi.francis@dol.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary for This Final Rule 

A. Purpose 

Today’s final rule establishes 

requirements directing Federal agencies 

to submit their occupational injury and 

illness recordkeeping information to the 

Secretary of Labor which will allow (1) 

BLS to analyze injury and illness data 

at Federal establishments, and (2) OSHA 

to better track injury trends at Federal 

agencies, and to better target inspections 

at the most hazardous Federal 

establishments. 

B. Summary of Major Provisions 

• Revisions to update existing 

regulatory language: Since the basic 

program elements were originally 

published in 1980, changes have 

occurred that make the existing 

language out of date. 

• The Unites States Postal Service: 

The Occupational Safety and Health Act 

of 1970 (OSH Act) was amended to 

make it applicable to the U.S. Postal 

Service (USPS) in the same manner as 

any other private sector employer. 

Therefore, language in the basic 

program elements has been modified to 

indicate that the USPS is not included 

in the definition of ‘‘agency.’’ 

• Financial management: The Office 

of Management and Budget (OMB) 

circulars referenced in the original 

regulations are no longer in use. 

Therefore the language has been revised 

to reference only relevant OMB 

regulations and documents. 

• Abatement of unsafe or unhealthful 

working conditions: Abatement 

requirements have been changed to 

follow private sector procedures. 

• Records retention: A section of the 

basic program elements addressing 

retention and access of employee 

records was inadvertently deleted in a 

prior revision and is now being 

reinserted in this rulemaking. 

• Changes are being made to require 

Federal agencies to annually submit 

their OSHA required injury and illness 

data. 

• Modifying dates to reflect the 

collection of calendar year data, rather 

than fiscal year data: We have modified 

the due date when Federal agencies 

must submit their annual report on 

safety and health to OSHA, and the 

report from OSHA to the President, to 

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