48022 Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 

continuing the modification until 

August 30, 2021. 

The scope of control in existence 

prior to December 30, 2014 for USML 

Category XI 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 longterm solution for USML Category XI(b). 

However, that solution will not be in 

place when the current temporary 

modification expires on August 30, 

2021. 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 five years, to August 

30, 2026, to allow it to be revised as part 

of the wholesale revision of USML 

Category XI. 

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 

U.S. 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. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Congressional Review Act 

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. 

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) 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. Effective August 30, 2026, in 

§ 121.1, under Category XI, revise 

paragraph (b) 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. 

* * * * * 

Zachary A. Parker, 

Director, Office of Directives Management, 

U.S. Department of State. 

[FR Doc. 2021–18544 Filed 8–26–21; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2021–0640] 

Special Local Regulations; Ironman 

Triathlon, Augusta, GA 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notificaion of enforcement of 

regulation. 

SUMMARY: The Captain of the Port 

(COTP) Savannah, Georgia will enforce 

a special local regulation for the 

Ironman Triathlon in Augusta, Georgia 

on September 26, 2021, to provide for 

the safety of life on navigable waterways 

during this event. Our regulation for 

marine events within the Seventh Coast 

Guard District identifies the regulated 


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Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48023 

area for this event in Augusta, GA. 

During the enforcement periods, the 

operator of any vessel in the regulated 

area must comply with directions from 

the Patrol Commander. 

DATES: The regulations in 33 CFR 

100.701, Table 1 to § 100.701, Section 

(d), Item 3, will be enforced from 6:30 

a.m. until 11:30 a.m., on September 26, 

2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email MST1 Stephanie Daley, Marine 

Safety Unit Savannah Office of 

Waterways Management, U.S. Coast 

Guard; telephone 912–652–4353, 

extension 257, or email 

Stephanie.L.Daley@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a special local 

regulation in 33 CFR 100.701, Table 1 to 

§ 100.701, Section (d), Item 3, for the 

Ironman Triathlon, from 6:30 a.m. to 

11:30 a.m., on September 26, 2021. 

This action is being taken to provide 

for the safety of life on navigable 

waterways during this event. Our 

regulation for marine events within the 

Seventh Coast Guard District, 33 CFR 

100.701, specifies the location of the 

regulated area for the Ironman Triathlon 

which encompasses portions of the 

Savannah River and its branches. 

During the enforcement periods, as 

reflected in 33 CFR 100.701(c), if you 

are the operator of a vessel in the 

regulated area you must comply with 

directions from the Patrol Commander. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

K.A. Broyles, 

Commander, U.S. Coast Guard, Captain of 

the Port, Savannah, GA. 

[FR Doc. 2021–18511 Filed 8–26–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0569] 

RIN 1625–AA00 

Safety Zone; Corpus Christi Bay; 

Corpus Christi, TX 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters within a 500-foot 

radius of a fireworks display launched 

from a barge in position 27°48′37.02′′ N, 

097°23′27.60′′ W in Corpus Christi, 

Texas. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by the fireworks 

display. Entry of vessels or persons into 

this temporary zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Corpus Christi or a 

designated representative. 

DATES: This rule is effective from 9:30 

p.m. through 10:30 p.m. on August 28, 

2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0569 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 Lieutenant Commander Anthony 

Garofalo, Sector Corpus Christi 

Waterways Management Division, U.S. 

Coast Guard; telephone 361–939–5130, 

email CCWaterways@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 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because it is 

impracticable. We must establish this 

safety zone immediately and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be contrary to the public 

interest because immediate action is 

needed to respond to the potential 

safety hazards associated with a 

fireworks display on August 28, 2021. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Corpus 

Christi (COTP) has determined that 

potential hazards associated with a 

fireworks display on August 28, 2021 

will be a safety concern for anyone in 

the navigable waters of Corpus Christi 

Bay within a 500-foot radius of a 

fireworks display launched from a barge 

in Corpus Christi, Texas. The purpose of 

this rule is to ensure safety of vessels 

and persons on these navigable waters 

in the safety zone during the fireworks 

display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 9:30 p.m. through 

10:30 p.m. on August 28, 2021. The 

fireworks will be launched in position 

27°48′37.02′′ N, 097°23′27.60′′ W. No 

vessel or person is permitted to enter 

the temporary safety zone during the 

effective period without obtaining 

permission from the COTP or a 

designated representative, who may be 

contacted on Channel 16 VHF–FM 

(156.8 MHz) or by telephone at 361– 

939–0450. The Coast Guard will issue 

Local Notices to Mariners, Safety 

Marine Information Broadcasts, or 

Broadcast Notice to Mariners via VHF– 

FM marine channel 16 about the zone, 

as appropriate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and 

duration of the safety zone. This safety 

zone covers a 500-foot radius for a 


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