80 FR 11313 - Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories VIII and XIX
DEPARTMENT OF STATE Federal Register Volume 80, Issue 40 (March 2, 2015)
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11313-11314 | |
| FR Document | 2015-04291 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Proposed Rules] [Pages 11313-11314] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04291] [[Page 11313]] Vol. 80 Monday, No. 40 March 2, 2015 Part III Department of State ----------------------------------------------------------------------- 22 CFR Part 121 Department of Commerce ----------------------------------------------------------------------- Bureau of Industry and Security ----------------------------------------------------------------------- 15 CFR Part 774 Notices of Inquiry: Request for Comments Regarding Review of United States Munitions List Categories VIII and XIX; Request for Comments Regarding Controls on Military Aircraft and Military Gas Turbine Engines on the Commerce Control List; Proposed Rules Federal Register / Vol. 80 , No. 40 / Monday, March 2, 2015 / Proposed Rules [[Page 11314]] ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 121 [Public Notice 9050] Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories VIII and XIX AGENCY: Department of State. ACTION: Notice of Inquiry, Request for Comments. ----------------------------------------------------------------------- SUMMARY: The Department of State requests comments from the public to inform its review of the controls implemented in recent revisions to Categories VIII and XIX of the United States Munitions List (USML). In light of the ongoing transition of the USML to a more ``positive list'' pursuant to the President's Export Control Reform (ECR) initiative, the Department intends to periodically review the revised USML categories to ensure that they are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the reform effort. This review will also consider any technical issues related to the USML categories under review. DATES: The Department of State will accept comments from the public until May 1, 2015. ADDRESSES: Interested parties may submit comments by one of the following methods:Email: [email protected] with the subject line, ``Review of USML Categories VIII and XIX.'' Internet: At www.regulations.gov, search for this notice using its docket number, DOS-2014-0030. Comments submitted through www.regulations.gov will be visible to other members of the public; the Department will publish all comments on the Directorate of Defense Trade Controls Web site (www.pmddtc.state.gov). Therefore, commenters are cautioned not to include proprietary or other sensitive information in their comments. FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email [email protected]. ATTN: Review of USML Categories VIII and XIX. SUPPLEMENTARY INFORMATION: List Review On December 10, 2010, the Department provided notice to the public of its intent, pursuant to the ECR initiative, to revise the USML to create a ``positive list'' that describes controlled items using, to the extent possible, objective criteria rather than broad, open-ended, subjective, or design intent-based criteria (see 75 FR 76935). As a practical matter, this meant revising USML categories so that, with some exceptions, the descriptions of defense articles that continued to warrant control under the USML did not use catch-all phrases to control unspecified items. With limited exceptions, the defense articles that warranted control under the USML were those that provided the United States with a critical military or intelligence advantage. All other items were to become subject to the Export Administration Regulations. Since that time, the Department has published final rules setting forth revisions for fifteen USML categories, each of which have been reorganized into a uniform and more positive list structure. The advantage of revising the USML into a more positive list is that its controls can be tailored to satisfy the national security and foreign policy objectives of the U.S. government by maintaining control over those defense articles that provide a critical military or intelligence advantage, or otherwise warrant control under the International Traffic in Arms Regulations (ITAR), without inadvertently controlling items in normal commercial use. This approach, however, requires that the lists be regularly revised and updated to account for technological developments, practical application issues identified by exporters and reexporters, and changes in the military and commercial applications of items affected by the list. In addition, the USML and the Commerce Control List require regular revision in order to ensure that they satisfy the national security and foreign policy objectives of the reform effort, which are to (i) improve interoperability of U.S. military forces with allied countries, (ii) strengthen the U.S. industrial base by, among other things, reducing incentives for foreign manufacturers to design out and avoid U.S.-origin content and services, which ensures continued U.S. visibility and control, and (iii) allow export control officials to focus government resources on transactions that pose greater concern. The first USML revisions conducted pursuant to the ECR initiative became effective on October 15, 2013, and implemented revisions to Category VIII and created Category XIX (see 78 FR 22740). With the passing of the one-year anniversary of the effective date of the revision to and creation of these categories, the Department seeks comment from the public on the condition and efficacy of these categories and whether they are meeting the ECR objectives for the list revisions. The Department anticipates a similar review process for each revised USML category, to be communicated to the public through publication of a notice of inquiry in the Federal Register. Request for Comments The Department requests public comment regarding the control text of USML Categories VIII and XIX. General comments on the overall ECR initiative or other aspects of the ITAR, to include other categories of the USML that do not relate to or are not affected by Categories VIII or XIX, are outside of the scope of this inquiry. In order to contribute effectively to the USML review process, all commenters are encouraged to provide comments that are responsive specifically to the prompts set forth below. The Department requests comment on the following topics, as they relate to Categories VIII and XIX: 1. Emerging and new technologies that are appropriately controlled by one of the referenced categories, but which are not currently described in the control text or not described with sufficient clarity. 2. Defense articles that are described in the control text, but which have entered into normal commercial use since the most recent revisions to the category at issue. For such comments, be sure to include documentation to support claims that defense articles have entered into normal commercial use. 3. Defense articles for which commercial use is proposed, intended, or anticipated in the next five years. 4. Drafting or other technical issues in the text of either of the referenced categories. The Department will review all comments from the public. If a rulemaking is warranted based on the comments received, the Department will respond to comments received in a proposed rulemaking in the Federal Register. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Bureau of Political- Military Affairs, U.S. Department of State. [FR Doc. 2015-04291 Filed 2-27-15; 8:45 am] BILLING CODE 4710-25-P
![11314 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules
DEPARTMENT OF STATE public of its intent, pursuant to the ECR revision to and creation of these
initiative, to revise the USML to create categories, the Department seeks
22 CFR Part 121 a ‘‘positive list’’ that describes comment from the public on the
[Public Notice 9050] controlled items using, to the extent condition and efficacy of these
possible, objective criteria rather than categories and whether they are meeting
Notice of Inquiry; Request for broad, open-ended, subjective, or design the ECR objectives for the list revisions.
Comments Regarding Review of intent-based criteria (see 75 FR 76935). The Department anticipates a similar
United States Munitions List As a practical matter, this meant review process for each revised USML
Categories VIII and XIX revising USML categories so that, with category, to be communicated to the
some exceptions, the descriptions of public through publication of a notice of
Department of State.
AGENCY: defense articles that continued to
Notice of Inquiry, Request for
ACTION:
inquiry in the Federal Register.
warrant control under the USML did not
Comments. use catch-all phrases to control Request for Comments
unspecified items. With limited
SUMMARY: The Department of State The Department requests public
exceptions, the defense articles that
requests comments from the public to comment regarding the control text of
warranted control under the USML were
inform its review of the controls USML Categories VIII and XIX. General
those that provided the United States
implemented in recent revisions to comments on the overall ECR initiative
with a critical military or intelligence
Categories VIII and XIX of the United or other aspects of the ITAR, to include
advantage. All other items were to
States Munitions List (USML). In light
become subject to the Export other categories of the USML that do not
of the ongoing transition of the USML
Administration Regulations. Since that relate to or are not affected by Categories
to a more ‘‘positive list’’ pursuant to the
time, the Department has published VIII or XIX, are outside of the scope of
President’s Export Control Reform (ECR)
final rules setting forth revisions for this inquiry. In order to contribute
initiative, the Department intends to
fifteen USML categories, each of which effectively to the USML review process,
periodically review the revised USML
have been reorganized into a uniform all commenters are encouraged to
categories to ensure that they are clear,
and more positive list structure. provide comments that are responsive
do not inadvertently control items in
The advantage of revising the USML specifically to the prompts set forth
normal commercial use, account for
into a more positive list is that its below.
technological developments, and
controls can be tailored to satisfy the
properly implement the national The Department requests comment on
national security and foreign policy
security and foreign policy objectives of the following topics, as they relate to
objectives of the U.S. government by
the reform effort. This review will also Categories VIII and XIX:
maintaining control over those defense
consider any technical issues related to articles that provide a critical military or 1. Emerging and new technologies
the USML categories under review. intelligence advantage, or otherwise that are appropriately controlled by one
DATES: The Department of State will warrant control under the International of the referenced categories, but which
accept comments from the public until Traffic in Arms Regulations (ITAR), are not currently described in the
May 1, 2015. without inadvertently controlling items control text or not described with
ADDRESSES: Interested parties may in normal commercial use. This sufficient clarity.
submit comments by one of the approach, however, requires that the
following methods: 2. Defense articles that are described
lists be regularly revised and updated to
• Email: DDTCPublicComments@ in the control text, but which have
account for technological developments,
state.gov with the subject line, ‘‘Review entered into normal commercial use
practical application issues identified
of USML Categories VIII and XIX.’’ since the most recent revisions to the
by exporters and reexporters, and
• Internet: At www.regulations.gov, changes in the military and commercial category at issue. For such comments,
search for this notice using its docket applications of items affected by the list. be sure to include documentation to
number, DOS–2014–0030. In addition, the USML and the support claims that defense articles
Comments submitted through Commerce Control List require regular have entered into normal commercial
www.regulations.gov will be visible to revision in order to ensure that they use.
other members of the public; the satisfy the national security and foreign 3. Defense articles for which
Department will publish all comments policy objectives of the reform effort, commercial use is proposed, intended,
on the Directorate of Defense Trade which are to (i) improve interoperability or anticipated in the next five years.
Controls Web site of U.S. military forces with allied
(www.pmddtc.state.gov). Therefore, 4. Drafting or other technical issues in
countries, (ii) strengthen the U.S. the text of either of the referenced
commenters are cautioned not to industrial base by, among other things,
include proprietary or other sensitive categories.
reducing incentives for foreign
information in their comments. manufacturers to design out and avoid The Department will review all
FOR FURTHER INFORMATION CONTACT: Mr. U.S.-origin content and services, which comments from the public. If a
C. Edward Peartree, Director, Office of ensures continued U.S. visibility and rulemaking is warranted based on the
Defense Trade Controls Policy, control, and (iii) allow export control comments received, the Department will
Department of State, telephone (202) officials to focus government resources respond to comments received in a
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
663–2792; email on transactions that pose greater proposed rulemaking in the Federal
DDTCPublicComments@state.gov. concern. Register.
ATTN: Review of USML Categories VIII The first USML revisions conducted
and XIX. pursuant to the ECR initiative became C. Edward Peartree,
SUPPLEMENTARY INFORMATION: effective on October 15, 2013, and Director, Office of Defense Trade Controls
implemented revisions to Category VIII Policy, Bureau of Political-Military Affairs,
List Review and created Category XIX (see 78 FR U.S. Department of State.
On December 10, 2010, the 22740). With the passing of the one-year [FR Doc. 2015–04291 Filed 2–27–15; 8:45 am]
Department provided notice to the anniversary of the effective date of the BILLING CODE 4710–25–P
VerDate Sep<11>2014 20:48 Feb 27, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\02MRP3.SGM 02MRP3](https://thefederalregister.org/doc/80_FR_11353/page/2.svg)
Document Created: 2015-12-18 12:08:01
Document Modified: 2015-12-18 12:08:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of Inquiry, Request for Comments. | |
| Dates | The Department of State will accept comments from the public until May 1, 2015. | |
| Contact | Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email [email protected] ATTN: Review of USML Categories VIII and XIX. | |
| FR Citation | 80 FR 11313 |
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