41172 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 

§ 1308.2 Determinations for specified 

plastics. 

(a) The following plastics do not 

exceed the phthalates content limits 

with a high degree of assurance as that 

term is defined in 16 CFR part 1107: 

(1) Polypropylene (PP), with any of 

the following additives: 

(i) The plasticizers polybutenes, 

dioctyl sebacate, isooctyl tallate, 

paraffinic, naphthenic, and mineral 

plasticizing oils, and polyol; 

(ii) Unrecovered catalysts; 

(iii) Fillers; 

(iv) Primary and secondary 

antioxidants; 

(v) Neutralizing agents; 

(vi) Antistatic agents; 

(vii) Slip agents; 

(viii) Metal deactivators; 

(ix) Quenchers; 

(x) UV stabilizers; 

(xi) Nucleating agents; 

(xii) Flame retardants; 

(xiii) Blowing or foaming agents; 

(xiv) Antiblocking agents; 

(xv) Lubricants; or 

(xvi) Colorants. 

(2) Polyethylene (PE), with any of the 

following additives: 

(i) The plasticizers glyceryl 

tribenzoate, polyethylene glycol, 

sunflower oil, paraffin wax, paraffin oil, 

mineral oil, glycerin, EPDM rubber, and 

EVA polymer; 

(ii) Initiators; 

(iii) Promoters; 

(iv) Unrecovered catalysts; 

(v) Fillers; 

(vi) Antistatic agents; 

(vii) Flame retardants; 

(viii) Anti-blocking agents; 

(ix) Slip agents; 

(x) Blowing agents; 

(xi) Cross-linking agents; 

(xii) Antioxidants; 

(xiii) Carbon black; or 

(xiv) Colorants. 

(3) General purpose polystyrene 

(GPPS), medium-impact polystyrene 

(MIPS), high-impact polystyrene (HIPS), 

and super high-impact polystyrene 

(SHIPS) with any of the following 

additives: 

(i) Unrecovered catalysts; 

(ii) Internal lubricants; 

(iii) Chain transfer/transition agents; 

(iv) Stabilizers; 

(v) Diluents; 

(vi) Colorants; 

(vii) Aluminum chloride, ethyl 

chloride, hydrochloric acid; 

(viii) Iron oxide, potassium oxide, 

chromium oxide; or 

(ix) Bifunctional peroxides. 

(4) Acrylonitrile butadiene styrene 

(ABS), with any of the following 

additives: 

(i) The plasticizers hydrocarbon 

processing oil, triphenyl phosphate, 

resorcinol bis(diphenyl phosphate), 

oligomeric phosphate, long chain fatty 

acid esters and aromatic sulfonamide; 

(ii) Stabilizers; 

(iii) Lubricants; 

(iv) Antioxidants; 

(v) Molecular weight regulators; 

(vi) Initiators/unrecovered catalysts, 

(vii) Activators; 

(viii) Emulsifiers; or 

(ix) Colorants. 

(b) Accessible component parts of 

children’s toys and child care articles 

made with the specified plastics, and 

specified additives, listed in paragraph 

(a) of this section are not required to be 

third party tested pursuant to section 

14(a)(2) of the CPSA and 16 CFR part 

1107. 

(c) Accessible component parts of 

children’s toys and child care articles 

made with a plastic or additives not 

listed in paragraph (a) of this section 

that are plasticized or may contain 

phthalates are required to be third party 

tested pursuant to section 14(a)(2) of the 

CPSA and 16 CFR part 1107. 

Dated: August 25, 2017. 

Todd A. Stevenson, 

Secretary, Consumer Product Safety 

Commission. 

[FR Doc. 2017–18387 Filed 8–29–17; 8:45 am] 

BILLING CODE 6355–01–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice 10082] 

RIN 1400–AE43 

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 Category XI 

of the United States Munitions List 

(USML). 

DATES: Amendatory instructions 1 and 2 

are effective August 30, 2017. 

Amendatory instruction No. 3 is 

effective August 30, 2018. 

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 has 

determined that exporters may read the 

revised control language to exclude 

certain intelligence-analytics software 

that has been and remains controlled on 

the USML. Therefore, the Department 

determined that it is 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 is developed. The 

Department will publish any permanent 

revision to USML Category XI paragraph 

(b) addressing this issue as a proposed 

rule for public comment. 

This temporary revision clarifies 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 previously 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. This 

final rule extends the July 2, 2015 

modification to August 30, 2018 to 

allow the U.S. government to review 

USML Category XI in full and publish 

proposed and final rules. 

Regulatory Findings 

Administrative Procedure Act 

The Department is publishing this 

rule as a final rule based upon good 

cause, and its determination that 

delaying the effect of this rule during a 

period of public comment would be 

impractical, unnecessary and contrary 

to public interest. 5 U.S.C. 553(b)(3)(B). 

In addition, 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 

implementing this function are exempt 

from sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act (APA). 

Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations 41173 

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 

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 

The Department believes that benefits 

of the rulemaking outweigh any costs, 

which are estimated to be insignificant. 

This rulemaking is 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 EO 13771 (82 FR 9339, 

February 3, 2017) because it is issued 

with respect to a foreign affairs function 

of the United States. 

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, 2017, 

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, 2018, 

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. 

* * * * * 

Rex W. Tillerson, 

Secretary of State, U.S. Department of State. 

[FR Doc. 2017–18482 Filed 8–29–17; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0785] 

Drawbridge Operation Regulation; 

Upper Mississippi River, Rock Island, 

IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the Rock Island 

Railroad and Highway Drawbridge 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois. The 

deviation is necessary to repair the 

bridge for safe continued operation. 

This deviation allows the bridge to 

remain in the closed-to-navigation 

position for approximately three (3) 

hours on one day until the repair is 

completed. 

DATES: This deviation is effective from 

6 a.m. through 9 a.m. on September 9, 

2017. 

ADDRESSES: The docket for this 

deviation, (USCG–2017–0785) is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH.’’ 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Eric A. 

Washburn, Bridge Administrator, 

Western Rivers, Coast Guard; telephone 

314–269–2378, email Eric.Washburn@

uscg.mil. 

SUPPLEMENTARY INFORMATION: The U.S. 

Army Rock Island Arsenal requested a 

temporary deviation for the Rock Island 

Railroad and Highway Drawbridge, 

across the Upper Mississippi River, mile 

482.9, at Rock Island, Illinois. The 

bridge has a vertical clearance of 23.8 

feet above normal pool in the closed-tonavigation position. This bridge is 

governed by 33 CFR 117.5. 

This deviation allows the bridge to 

remain in the closed-to-navigation