Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45089 

imposes no license requirement but has 

potential to confuse readers about the 

items’ EAR99 status. 

Further, BIS received two comments 

in response to the March 28, 2013 

interim final rule. One commenter 

stated that designating the Biosensor 

System No. 1 0A521 without license 

exception options other than License 

Exception GOV section 740.11(b)(2)(ii) 

may result in regulating the item more 

restrictively than it would under the 

ITAR and may result in ‘‘chilling effects 

toward academic research and thereby 

diminish innovation.’’ Another 

commenter raised concerns that the 

scope of what is covered by the No.1 

0E521 ‘‘Technology’’ might be overly 

broad without a reference to the General 

Technology Note and that BIS should 

provide guidance on how to interpret 

the scope. The change of status of the 

biosensor systems and related 

‘‘software’’ and ‘‘technology’’ to EAR99 

renders the comments moot. 

Therefore, in this rule, BIS amends 

the EAR to update certain entries in 

Supplement No. 5 to Part 774— Items 

Classified Under Export Control 

Classification Numbers (ECCNs) 0A521, 

0B521, 0C521, 0D521 and 0E521— 

according to the procedure set forth in 

the April 13 rule that established the 

0Y521 series. Specifically, in this rule, 

BIS removes references to biosensor 

systems and related ‘‘software’’ and 

‘‘technology’’ under ECCNs 0A521 No. 

1, 0D521 No. 1 and 0E521 No. 1, 

respectively, from Supplement No. 5 to 

Part 774 of the EAR to conform with the 

current legal status of those items under 

the EAR and rid the Supplement of 

obsolete references. The items are 

EAR99 and the 0Y521 series license 

requirements do not apply. This is a 

technical amendment that only updates 

Supplement No. 5 to Part 774 of the 

EAR. It does not alter any right, 

obligation or prohibition under the EAR. 

Export Administration Act 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., 783 (2002)), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013), 

and extended most recently by the 

Notice of August 8, 2013, 78 FR 49107 

(August 12, 2013), has continued the 

EAR in effect under the International 

Emergency Economic Powers Act. BIS 

continues to carry out the provisions of 

the Export Administration Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222 as amended by Executive Order 

13637. 

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 

determined to be not significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person 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 rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

Supplement No. 5 to Part 774 to the 

EAR by removing references to certain 

items to make the Supplement conform 

to the current legal status of those items 

under the EAR. These revisions are 

merely technical and reflect what 

already is in effect under the EAR in 

accordance with established procedure, 

and the procedure itself was proposed 

to the public and the subject of public 

comment. This rule clarifies 

information, which serves to avoid 

confusing readers about the items’ 

EAR99 status. It does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Because 

neither the Administrative Procedure 

Act nor any other law requires that 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, Part 774 of the Export 

Administration Regulations (15 CFR 

Parts 730–774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for part 774 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 2. Supplement No. 5 to Part 774— 

Items Classified Under ECCNs Items 

Classified Under Export Control 

Classification Numbers (ECCNs) 0A521, 

0B521, 0C521, 0D521 and 0E521—is 

amended by: 

■ a. Removing and reserving the entire 

entry for item ‘‘No. 1 Biosensor systems 

and dedicated detecting components’’ 

under the section ‘‘0A521. Systems, 

Equipment and Components’’; 

■ b. Removing and reserving the entire 

entry for item ‘‘No. 1 0D521 ‘‘Software’’ 

for the function of Biosensor Systems 

controlled by ECCN 0A521.’’ under 

section ‘‘0D521. Software’’; and 

■ c. Removing and reserving the entire 

entry for item ‘‘No. 1 0E521 

‘‘Technology for the ‘‘development’’ or 

‘‘production’’ of Biosensor Systems 

controlled by ECCN 0A521.’’ under 

section ‘‘0E521. Technology’’. 

Dated: July 25, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–17961 Filed 8–1–14; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice 8810] 

RIN 1400–AD62 

Amendment to the International Traffic 

in Arms Regulations: Central African 

Republic and UNSCR 2149 

AGENCY: Department of State. 

ACTION: Final rule. 

mstockstill on DSK4VPTVN1PROD with NOTICES

45090 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to update the 

defense trade policy regarding the 

Central African Republic to reflect the 

most recent resolution adopted by the 

United Nations Security Council. 

DATES: Effective Date: This rule is 

effective August 4, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, U.S. 

Department of State, telephone (202) 

663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Central African 

Republic. 

SUPPLEMENTARY INFORMATION: On April 

10, 2014, the United Nations Security 

Council (UNSC) adopted resolution 

2149, which called for the UN 

Integrated Peacebuilding Office in the 

Central African Republic (BINUCA) to 

be subsumed into the UN 

Multidimensional Integrated 

Stabilization Mission in the Central 

African Republic (MINUSCA). The 

Department of State is amending ITAR 

§ 126.1(u) to implement this change. 

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 the Central African 

Republic, there is good cause for the 

effective date of this rule to be the date 

of publication, as provided by 5 U.S.C. 

553(d)(3). 

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 

The Department does not believe this 

rulemaking is a major rule within the 

definition of 5 U.S.C. 804. 

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 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. The Department has 

determined that the benefits of this 

rulemaking outweigh any cost to the 

public, which the Department believes 

will be minimal. This rule has not been 

designated a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. 

Executive Order 12988 

The Department of State 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 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 rule does not impose any new 

reporting or recordkeeping requirements 

subject to the Paperwork Reduction Act, 

44 U.S.C. Chapter 35. 

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 

■ 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 (u)(1) to read as 

follows: 

§ 126.1 Prohibited exports, imports, and 

sales to or from certain countries. 

* * * * * 

(u) * * * 

(1) Defense articles intended solely for 

the support of or use by the 

International Support Mission to the 

Central African Republic (MISCA); the 

UN Multidimensional Integrated 

Stabilization Mission in the Central 

African Republic (MINUSCA); the 

African Union Regional Task Force 

(AU–RTF); and the French forces and 

European Union operation deployed in 

the Central African Republic; 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2014–18331 Filed 8–1–14; 8:45 am] 

BILLING CODE 4710–25–P 

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