### 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


### 30615 Federal Register / Vol. 80, No. 103 / Friday, May 29, 2015 / Rules and Regulations

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