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14802 Federal Register/Vol. 86, No. 51/Thursday, March 18, 2021/Rules and Regulations
DEPARTMENT OF STATE to allow exporters to use the exemptions Executive Orders 12866 and 13563
provided in ITAR §126.4(a)(2) and Executive Orders 12866 and 13563
22 CFR Part 126 (b)(2) for exports to Russia when in direct agencies to assess all costs and
[Public Notice 11294] furtherance of government space benefits of available regulatory
cooperation. alternatives and, if regulation is
RIN 1400–AF19 Regulatory Analysis and Notices
necessary, to select regulatory
International Traffic in Arms Administrative Procedure Act approaches that maximize net benefits
Regulations: Addition of Russia The Department of State is of the (including potential economic,
AGENCY: Department of State. opinion that controlling the import and environmental, public health and safety
ACTION: Final rule. export of defense articles and services is effects, distributed impacts, and equity).
a foreign affairs function of the United Because the scope of this rule
SUMMARY: The Department of State is States Government and that rules implements a governmental policy
amending the International Traffic in implementing this function are exempt limiting defense trade with a country,
Arms Regulations (ITAR) to include from sections 553 (rulemaking) and 554 and does not impose additional
Russia in the list of enumerated (adjudications) of the Administrative regulatory requirements or obligations,
countries with respect to which it is the Procedure Act (APA), pursuant to 5 the Department believes costs associated
policy of the United States to deny U.S.C. 553(a)(1). Since the Department with this rule will be minimal. This rule
licenses and other approvals for exports is of the opinion that this rule is exempt has not been designated a ‘‘significant
and/or imports of defense articles and from 5 U.S.C 553, it is the view of the regulatory action’’ by the Office and
defense services, except as otherwise Department that the provisions of Information and Regulatory Affairs
provided. This action reflects a policy Section 553(d) do not apply to this under Executive Order 12866.
determination made by the Secretary of rulemaking. Executive Order 12988
State. Regulatory Flexibility Act
DATES: The rule is effective on March The Department of State has reviewed
18, 2021. Since this rule is exempt from the this rulemaking in light of Executive
FORFURTHERINFORMATIONCONTACT: notice-and-comment provisions of 5 Order 12988 to eliminate ambiguity,
Director, Response Team, Directorate of U.S.C. 553(b), it does not require minimize litigation, establish clear legal
Defense Trade Controls, U.S. analysis under the Regulatory standards, and reduce burden.
Department of State, telephone (202) Flexibility Act. Executive Order 13175
663–1282, or email Unfunded Mandates Reform Act of 1995
DDTCCustomerService@state.gov. This rulemaking does not involve a The Department of State has
ATTN: Regulatory Change, ITAR §126.1 mandate that will result in the determined that this rulemaking will
Russia. expenditure by State, local, and tribal not have tribal implications, will not
SUPPLEMENTARYINFORMATION: On March governments, in the aggregate, or by the impose substantial direct compliance
1, 2021, the Secretary of State private sector, of $100 million or more costs on Indian tribal governments, and
determined pursuant to Section 306(a) in any year and it will not significantly will not preempt tribal law.
of the Chemical and Biological Weapons or uniquely affect small governments. Accordingly, Executive Order 13175
Control and Warfare Elimination Act of Therefore, no actions are deemed does not apply to this rulemaking.
1991 (‘‘CBW Act’’) that the Government necessary under the provisions of the Paperwork Reduction Act
of Russia used chemical weapons in Unfunded Mandates Reform Act of
violation of international law or lethal 1995. This rulemaking does not impose or
chemical weapons against its own revise any information collections
nationals. Pursuant to this Congressional Review Act subject to 44 U.S.C. chapter 35.
determination, the Department of State The Department does not believe this List of Subjects in 22 CFR Part 126
published Federal Register Notice rulemaking is a major rule within the
‘‘Determination Regarding Use of definition of 5 U.S.C. 804. Arms and munitions, Exports.
Chemical Weapons by Russia Under the Executive Orders 12372 and 13132 For the reasons set forth above, title
Chemical and Biological Weapons 22, chapter I, subchapter M, part 126 is
Control and Warfare Elimination Act of This rulemaking will not have amended as follows:
1991’’ on March 18, 2021. In order to substantial direct effects on the States,
take additional steps to address such on the relationship between the national PART 126—GENERAL POLICIES AND
use of chemical weapons, the government and the States, or on the PROVISIONS
Department is amending ITAR distribution of power and
§126.1(d)(2) to include Russia in the list responsibilities among the various ■ 1. The authority citation for part 126
of countries subject to a policy of denial levels of government. Therefore, in continues to read as follows:
for exports of defense articles and accordance with Executive Order 13132,
defense services. An exception is being it is determined that this proposed Authority: 22 U.S.C. 2752, 2778, 2780,
made to allow for case-by-case review of amendment does not have sufficient 2791, and 2797; 22 U.S.C. 2651a; 22 U.S.C.
exports to Russia that support federalism implications to require 287c; Sec. 1225, Pub. L. 108–375; Sec. 7089,
government space cooperation. In consultations or warrant the preparation Pub. L. 111–117; Pub. L. 111–266; Sections
addition, an exception, valid for six of a federalism summary impact 7045 and 7046, Pub. L. 112–74; E.O. 13637,
months from the date of the Secretary of statement. The regulations 78 FR 16129.
State’s determination, is being made to implementing Executive Order 12372 ■ 2. Section 126.1 is amended by
allow for case-by-case review of exports regarding intergovernmental revising the second sentence in
to Russia when in support of consultation on Federal programs and paragraph (a), revising the table in
commercial space launches. Further, the activities do not apply to this paragraph (d)(2), and adding paragraph
Department is amending ITAR §126.1(a) rulemaking. (l) to read as follows:
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Federal Register/Vol. 86, No. 51/Thursday, March 18, 2021/Rules and Regulations 14803
§126.1 Prohibited exports, imports, and 126.4(a)(2) or (b)(2) when the export is articles or defense services originating
sales to or from certain countries. destined for Russia and in support of in or for export to any proscribed
* * * * * government space cooperation, and countries, areas, or persons. * * *
(a) * * * The exemptions provided in §126.6, or when the recipient is a U.S. (d) * * *
this subchapter, except §§123.17, government department or agency, do (2) * * *
126.4(a)(1) or (3) and (b)(1), and not apply with respect to defense
Country Country specific paragraph location
Afghanistan ................................................................................................................................................... See also paragraph (g) of this section.
Central African Republic ............................................................................................................................... See also paragraph (u) of this section.
Cyprus ........................................................................................................................................................... See also paragraph (r) of this section.
Democratic Republic of Congo ..................................................................................................................... See also paragraph (i) of this section.
Eritrea ........................................................................................................................................................... See also paragraph (h) of this section.
Haiti ............................................................................................................................................................... See also paragraph (j) of this section.
Iraq ................................................................................................................................................................ See also paragraph (f) of this section.
Lebanon ........................................................................................................................................................ See also paragraph (t) of this section.
Libya ............................................................................................................................................................. See also paragraph (k) of this section.
Russia ........................................................................................................................................................... See also paragraph (l) of this section.
Somalia ......................................................................................................................................................... See also paragraph (m) of this section.
South Sudan ................................................................................................................................................. See also paragraph (w) of this section.
Sudan ............................................................................................................................................................ See also paragraph (v) of this section.
Zimbabwe ..................................................................................................................................................... See also paragraph (s) of this section.
* * * * * approval may be issued, on a case-by- (2) Prior to September 1, 2021, for
(l) Russia. It is the policy of the case basis: commercial space launches.
United States to deny licenses or other (1) For government space cooperation; * * * * *
approvals for exports of defense articles and Zachary A. Parker,
and defense services destined for
Russia, except that a license or other Director, Office of Directives Management,
Department of State.
[FR Doc. 2021–05530 Filed 3–17–21; 8:45 am]
BILLING CODE 4710–25–P
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...Federal register vol no thursday march rules and regulations department of state to allow exporters use the exemptions executive orders provided in itar a cfr part b for exports russia when direct agencies assess all costs furtherance government space benefits available regulatory cooperation alternatives if regulation is rin af analysis notices necessary select international traffic arms administrative procedure act approaches that maximize net addition including potential economic agency opinion controlling import environmental public health safety action final rule export defense articles services effects distributed impacts equity foreign affairs function united because scope this summary states implements governmental policy amending implementing are exempt limiting trade with country include from sections rulemaking does not impose additional list enumerated adjudications requirements or obligations countries respect which it apa pursuant believes associated deny u s c since will...

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