44228 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

y.3. Audio selector panels; 

y.4. Check valves for hydraulic and 

pneumatic systems; 

y.5. Crew rest equipment; 

y.6. Ejection seat mounted survival aids; 

y.7. Energy dissipating pads for cargo (for 

pads made from paper or cardboard); 

y.8. Fluid filters and filter assemblies; 

y.9. Galleys; 

y.10. Fluid hoses, straight and unbent lines 

(for a commodity subject to control in this 

entry or defense article in USML Category 

VIII), and fittings, couplings, clamps (for a 

commodity subject to control in this entry or 

defense article in USML Category VIII) and 

brackets therefor; 

y.11. Lavatories; 

y.12. Life rafts; 

y.13. Magnetic compass, magnetic azimuth 

detector; 

y.14. Medical litter provisions; 

y.15. Cockpit or cabin mirrors; 

y.16. Passenger seats including palletized 

seats; 

y.17. Potable water storage systems; 

y.18. Public address (PA) systems; 

y.19. Steel brake wear pads (does not 

include sintered mix or carbon/carbon 

materials); 

y.20. Underwater locator beacons; 

y.21. Urine collection bags/pads/cups/ 

pumps; 

y.22. Windshield washer and wiper 

systems; 

y.23. Filtered and unfiltered panel knobs, 

indicators, switches, buttons, and dials; 

y.24. Lead-acid and Nickel-Cadmium 

batteries; 

y.25. Propellers, propeller systems, and 

propeller blades used with reciprocating 

engines; 

y.26. Fire extinguishers; 

y.27. Flame and smoke/CO2 detectors; 

y.28. Map cases; 

y.29. ‘Military Aircraft’ that were first 

manufactured from 1946 to 1955 that do not 

incorporate defense articles enumerated or 

otherwise described on the U.S. Munitions 

List, unless the items are required to meet 

safety or airworthiness standards of a 

Wassenaar Arrangement Participating State; 

and do not incorporate weapons enumerated 

or otherwise described on the U.S. Munitions 

List, unless inoperable and incapable of 

being returned to operation; 

y.30. ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments,’’ other than 

electronic items or navigation equipment, for 

use in or with a commodity controlled by 

ECCN 9A610.h; 

y.31. Identification plates and nameplates; 

and 

y.32. Fluid manifolds. 

Dated: August 24, 2018. 

Richard E. Ashooh, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2018–18849 Filed 8–29–18; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 10486] 

RIN 1400–AE70 

Continued Temporary Modification of 

Category XI of the United States 

Munitions List 

AGENCY: Department of State. 

ACTION: Final rule; notice of temporary 

modification. 

SUMMARY: The Department of State, 

pursuant to its regulations and in the 

interest of the security of the United 

States, temporarily modifies paragraph 

(b) in Category XI of the United States 

Munitions List (USML). 

DATES: Amendatory instructions 1 and 2 

are effective August 30, 2018. 

Amendatory instruction No. 3 is 

effective August 30, 2019. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Monjay, Office of Defense Trade 

Controls Policy, Department of State, 

telephone (202) 663–2817; email 

monjayr@state.gov. ATTN: Temporary 

Modification of Category XI. 

SUPPLEMENTARY INFORMATION: On July 1, 

2014, the Department published a final 

rule revising Category XI of the USML, 

79 FR 37536, effective December 30, 

2014. That final rule, consistent with 

the two prior proposed rules for USML 

Category XI (78 FR 45018, July 25, 2013 

and 77 FR 70958, November 28, 2012), 

revised paragraph (b) of Category XI to 

clarify the extent of control and 

maintain the existing scope of control 

on items described in paragraph (b) and 

the directly related software described 

in paragraph (d). 

The Department later determined that 

exporters may read the revised control 

language to exclude certain intelligenceanalytics software that has been and 

remains controlled on the USML. 

Therefore, the Department determined 

that it was in the interest of the security 

of the United States to temporarily 

revise USML Category XI paragraph (b), 

pursuant to the provisions of § 126.2, 

while a long-term solution was 

developed. The Department published a 

final rule on July 2, 2015 (80 FR 37974) 

that temporarily modified USML 

Category XI(b) until December 29, 2015. 

The Department published a final rule 

on December 16, 2015 (80 FR 78130) 

that continued the July 2, 2015 

modification to August 30, 2017. The 

Department published a final rule on 

August 30, 2017 (82 FR 41172) that 

continued the December 16, 2015 

modification to August 30, 2018. 

The temporary revision clarified that 

the scope of control in existence prior 

to December 30, 2014 for USML 

paragraph (b) and directly related 

software in paragraph (d) remains in 

effect. This clarification is achieved by 

reinserting the words ‘‘analyze and 

produce information from’’ and by 

adding software to the description of 

items controlled. 

The Department, with its interagency 

partners, continues to develop a long 

term solution for USML Category XI(b). 

However, that solution will not be in 

place when the current temporary 

modification expires on August 30, 

2018. Therefore, the Department has 

determined, for the national security 

and foreign policy of the United States 

and in the best interest of the U.S. 

defense industry, to publish a final rule 

that extends the temporary modification 

of USML XI(b) for one year, to August 

30, 2019, to allow it to be revised as part 

of the wholesale revision of USML 

Category XI. On February 12, 2018, the 

Department published a Notice of 

Inquiry (83 FR 5970) requesting public 

comment on USML Categories V, X and 

XI. The Department and the interagency 

are reviewing the public comments 

submitted in response, and the 

Department is drafting a proposed rule 

setting out revised versions of the three 

categories for public comment. 

Extending the temporary revisions of 

USML Category XI(b) now will allow 

the U.S. government to finalize its 

review of USML Category XI, with 

rulemaking to follow, to include any 

further modifications to USML Category 

XI paragraph (b) as may be warranted. 

Regulatory Findings 

Administrative Procedure Act 

This rulemaking is exempt from 

section 553 (Rulemaking) and 

section 554 (Adjudications) of the 

Administrative Procedure Act (APA) 

pursuant to 5 U.S.C. 553(a)(1) as a 

military or foreign affairs function of the 

United States Government. 

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. 


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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44229 

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 under the 

criteria of 5 U.S.C. 804. 

Executive Orders 12372 and 13132 

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 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, distributed 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 rulemaking is a 

significant but not an economically 

significant rule, under the criteria of 

Executive Order 12866, and is 

consistent with the provisions of 

Executive Order 13563. 

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 preempt tribal law. 

Accordingly, the requirements of 

Executive Order 13175 do not apply to 

this rulemaking. 

Paperwork Reduction Act 

This rulemaking does not impose or 

revise any information collections 

subject to 44 U.S.C. chapter 35. 

Executive Order 13771 

This rule is not subject to the 

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

February 3, 2017). 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Classified 

information, Exports. 

For reasons stated in the preamble, 

the State Department amends 22 CFR 

part 121 as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

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

2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 

Stat. 1920; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

■ 2. In § 121.1, under Category XI, revise 

paragraph (b), effective August 30, 2018, 

to read as follows: 

§ 121.1 The United States Munitions List. 

* * * * * 

Category XI—Military Electronics 

* * * * * 

* (b) Electronic systems, equipment or 

software, not elsewhere enumerated in 

this subchapter, specially designed for 

intelligence purposes that collect, 

survey, monitor, or exploit, or analyze 

and produce information from, the 

electromagnetic spectrum (regardless of 

transmission medium), or for 

counteracting such activities. 

* * * * * 

■ 3. In § 121.1, under Category XI, revise 

paragraph (b), effective August 30, 2019, 

to read as follows: 

§ 121.1 The United States Munitions List. 

* * * * * 

Category XI—Military Electronics 

* * * * * 

* (b) Electronic systems or equipment, 

not elsewhere enumerated in this 

subchapter, specially designed for 

intelligence purposes that collect, 

survey, monitor, or exploit the 

electromagnetic spectrum (regardless of 

transmission medium), or for 

counteracting such activities. 

* * * * * 

Dated: August 27, 2018. 

Andrea Thompson, 

Under Secretary of State for Arms Control 

and International Security, U.S. Department 

of State. 

[FR Doc. 2018–19029 Filed 8–29–18; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2018–0608] 

RIN 1625–AA08 

Special local regulation; Battle of the 

Bridges, Intracoastal Waterway; 

Venice, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for certain waters of the 

Intracoastal Waterway. This action is 

necessary to provide for the safety of life 

on these navigable waters in Venice, FL, 

during the Battle of the Bridges on 

September 15, 2018. This regulation 

prohibits persons and vessels from 

being in the race area unless authorized 

by the Captain of the Port St. Petersburg 

(COTP) or a designated representative. 

DATES: This rule is effective from 7 a.m. 

until 7:30 p.m. on September 15, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0608 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Marine Science Technician First 

Class Michael Shackleford, U.S. Coast 

Guard; telephone 813–228–2191, email 

Michael.D.Shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

On November 7, 2017, the Sarasota 

Scullers Youth Rowing Program notified 

the Coast Guard that it will be 

conducting the Battle of the Bridges 

sculler race from 7 a.m. to 7:30 p.m. on 

September 15, 2018. The race will take 

place in portions of the Intracoastal 

Waterway in Venice, FL. In response, on 

August 7, 2018, the Coast Guard 

published a notice of proposed 

rulemaking (NPRM) titled Special Local 

Regulation; Battle of the Bridges, 


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