Federal Register / Vol. 86, No. 164 / Friday, August 27, 2021 / Rules and Regulations 48021 

1 80 FR 78130, 82 FR 41172, 83 FR 44228 and 84 

FR 45652. 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

(E.O.) 12866, as supplemented by E.O. 

13563. Thus, OMB did not review the 

final rule. We also determined that this 

final rule meets the plain language 

requirement of E.O. 12866. 

Executive Order 13132 (Federalism) 

We analyzed this final rule in 

accordance with the principles and 

criteria established by E.O. 13132 and 

determined that the final rule will not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism assessment. We also 

determined that this final rule would 

not preempt any State law or State 

regulation or affect the States’ abilities 

to discharge traditional State 

governmental functions. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities, 

because it affects individuals only. 

Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

This final rule only removes the 5- 

month waiting period in the regulations 

cited above but does not create any new 

or affect any existing collections. So, it 

does not impose any burdens under the 

Paperwork Reduction Act and does not 

require further OMB approval. 

(Catalog of Federal Domestic Assistance 

Program Nos. 9601, Social Security— 

Disability Insurance) 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Disability benefits, Old-age, 

survivors, and disability insurance, 

Reporting and recordkeeping 

requirements, Social security. 

The Acting Commissioner of the 

Social Security Administration, Kilolo 

Kijakazi, having reviewed and approved 

this document, is delegating the 

authority to electronically sign this 

document to William P. Gibson, who is 

the primary Federal Register Liaison for 

SSA, for purposes of publication in the 

Federal Register. 

William P. Gibson, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons stated in the 

preamble, we amend 20 CFR part 404, 

subpart D, as set forth below: 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950– ) 

Subpart D—Old-Age, Disability, 

Dependents’ and Survivors’ Insurance 

Benefits; Period of Disability 

■ 1. The authority citation for subpart D 

of part 404 continues to read as follows: 

Authority: Secs. 202, 203(a) and (b), 

205(a), 216, 223, 225, and 702(a)(5) of the 

Social Security Act (42 U.S.C. 402, 403(a) 

and (b), 405(a), 416, 423, 425, and 902(a)(5)). 

■ 2. Amend § 404.315 by revising 

paragraph (a)(4) to read as follows: 

§ 404.315 Who is entitled to disability 

benefits? 

(a) * * * 

(4) You have been disabled for 5 full 

consecutive months or no waiting 

period is required. The 5-month waiting 

period begins with a month in which 

you were both insured for disability and 

disabled. Your waiting period can begin 

no earlier than the 17th month before 

the month you apply—no matter how 

long you were disabled before then. No 

waiting period is required if: 

(i) You were previously entitled to 

disability benefits or to a period of 

disability under § 404.320 any time 

within 5 years of the month you again 

became disabled; or 

(ii) You have been medically 

determined to have amyotrophic lateral 

sclerosis, and we approved your 

application for disability insurance 

benefits on or after July 23, 2020. 

* * * * * 

■ 3. Amend § 404.317 by adding a 

sentence after the third sentence to read 

as follows: 

§ 404.317 How is the amount of my 

disability benefit calculated? 

* * * If the 5-month waiting period 

is not required because you have been 

medically determined to have 

amyotrophic lateral sclerosis (see 

§ 404.315), your PIA is figured as if you 

were 62 years old when you become 

entitled to benefits. * * * 

[FR Doc. 2021–18435 Filed 8–26–21; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 11481] 

RIN 1400–AF35 

International Traffic in Arms 

Regulations (ITAR): Continued 

Temporary Modification of Category XI 

of the United States Munitions List 

AGENCY: Department of State. 

ACTION: Final rule; notification 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 Category XI 

of the United States Munitions List 

(USML). 

DATES: This rule is effective August 30, 

2021, except for amendatory instruction 

3, which is effective August 30, 2026. 

FOR FURTHER INFORMATION CONTACT: 

Chris Weil, Technology and Jurisdiction 

Analysis Division, Office of Defense 

Trade Controls Policy, Department of 

State, (202) 632–2870, 

DDTCPublicComments@state.gov. 

ATTN: ITAR Amendment—USML 

Category XI(b) (1400–AE88) 

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 22 CFR 

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 subsequently published 

a series of rules 1 that had the effect of 


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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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