30614 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 

detail the scope of the agency’s 

authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at Clark County 

Airport, Clark, SD. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g);, 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, dated August 6, 2014, and 

effective September 15, 2014, is 

amended as follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL SD E5 Clark, SD [New] 

Clark County Airport, SD 

(Lat. 44°53′42′′ N., long. 097°42′38′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Clark County Airport. 

Issued in Fort Worth, TX, on May 14, 2015. 

Robert W. Beck, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2015–12979 Filed 5–28–15; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

RIN 0648–BC26 

Gulf of the Farallones and Monterey 

Bay National Marine Sanctuaries 

Regulations on Introduced Species; 

Notification of Effective Date 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Notification of effective date. 

SUMMARY: NOAA published a final rule 

to prohibit the introduction of 

introduced species into the state waters 

of Gulf of the Farallones and Monterey 

Bay national marine sanctuaries, and to 

revise the corresponding sanctuary 

terms of designation on February 19, 

2015 (80 FR 8778). Pursuant to Section 

304(b) of the National Marine 

Sanctuaries Act (16 U.S.C. 1434(b)) the 

final regulations take effect after 45 days 

of continuous session of Congress 

beginning on February 19, 2015. 

Through this notification, NOAA is 

announcing the regulations became 

effective on May 15, 2015. 

DATES: The regulations published on 

February 19, 2015 (80 FR 8778) are 

effective as of May 15, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Dave Lott, Regional Operations 

Coordinator, West Coast Region, Office 

of National Marine Sanctuaries, 99 

Pacific Street, STE 100F, Monterey, CA 

93940. (831) 647–1920. 

SUPPLEMENTARY INFORMATION: On 

February 19, 2015, NOAA finalized 

regulations that prohibit the 

introduction of introduced species into 

the state waters of Gulf of the Farallones 

and Monterey Bay national marine 

sanctuaries (80 FR 8778). Those 

regulations became effective on May 15, 

2015. 

Dated: May 14, 2015. 

Christopher C. Cartwright, 

Associate Assistant Administrator for 

Management and CFO/CAO, Ocean Services 

and Coastal Zone Management. 

[FR Doc. 2015–12186 Filed 5–28–15; 8:45 am] 

BILLING CODE 3510–NK–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 9153] 

RIN 1400–AD77 

Amendment to the International Traffic 

in Arms Regulations: Policy on 

Exports to the Republic of Fiji 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

revising the International Traffic in 

Arms Regulations (ITAR) to rescind the 

previous policy of denying the export of 

defense articles and defense services to 

Fiji. 

DATES: This rule is effective on May 29, 

2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCPublicComments@state.gov. 

ATTN: Regulatory Change, Exports to 

Fiji. 

SUPPLEMENTARY INFORMATION: The 

Department of State is amending the 

International Traffic in Arms 

Regulations (ITAR) to update the 

defense trade policy regarding Fiji. On 

September 17, 2014, Fiji’s acting 

government followed through on its 

longstanding commitment to hold 

democratic elections. A Multinational 

Observer Group of over 90 international 

observers, representing 14 countries 

including the United States, 

characterized the election as credible 

and having represented the will of the 

people of Fiji. The Department has 

determined that is in the best interests 

of U.S. foreign policy, national security, 

and human rights concerns to rescind 

the previous policy of denying the 

export of defense articles and defense 

services to Fiji. 

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 


Lhorne on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations 30615 

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 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 toward Fiji, notice and 

public procedure on this rule would be 

impracticable, unnecessary, or contrary 

to the public interest; for this reason, the 

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 Order 12866 

The Department 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 governing the 

conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

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 provisions 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, 22 

CFR 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 

removing and reserving paragraph (p) to 

read as follows: 

§ 126.1 Prohibited exports, imports, and 

sales to or from certain countries. 

* * * * * 

(p) [Reserved] 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2015–13017 Filed 5–28–15; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms, 

and Explosives 

27 CFR Part 447 

[Docket No. ATF–25F; AG Order No. 3531– 

2015] 

RIN 1140–AA45 

Importation of Arms, Ammunition and 

Defense Articles—Removal of Certain 

Defense Articles Currently on the U.S. 

Munitions Import List That No Longer 

Warrant Import Control Under the 

Arms Export Control Act (2011R–25P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms, and Explosives (ATF), 

Department of Justice. 

ACTION: Final rule. 

SUMMARY: The Department of Justice is 

finalizing without change an 

amendment to the Bureau of Alcohol, 

Tobacco, Firearms, and Explosives 

regulations to remove those defense 

articles currently on the United States 

Munitions Import List that ATF by 

delegation has determined no longer 

warrant import control under the Arms 

Export Control Act. 

DATES: This rule is effective June 29, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

George M. Fodor, Office of Regulatory 

Affairs, Enforcement Programs and 

Services, Bureau of Alcohol, Tobacco, 

Firearms, and Explosives, U.S. 

Department of Justice, 99 New York 

Avenue NE., Washington, DC 20226; 

telephone: (202) 648–7070. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 38 of the Arms Export Control 

Act of 1976 (AECA), 22 U.S.C. 2778, as 

amended, authorizes the President, in 

furtherance of world peace and the 

security and foreign policy of the United 

States, to control the import and the 

export of defense articles and defense 

services. 22 U.S.C. 2778(a)(1). The 

AECA also authorizes the President to 

designate those items that shall be 

considered defense articles and defense 

services for the purposes of section 38, 

and to promulgate regulations for the 


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