80 FR 11315 - Notice of Inquiry: Request for Comments Regarding Controls on Military Aircraft and Military Gas Turbine Engines on the Commerce Control List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 80, Issue 40 (March 2, 2015)
Bureau of Industry and Security
Federal Register Volume 80, Issue 40 (March 2, 2015)
| Page Range | 11315-11316 | |
| FR Document | 2015-04293 |
[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)] [Proposed Rules] [Pages 11315-11316] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-04293] [[Page 11315]] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 150210135-5182-01] RIN 0694-XC023 Notice of Inquiry: Request for Comments Regarding Controls on Military Aircraft and Military Gas Turbine Engines on the Commerce Control List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Notice of inquiry. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS), Department of Commerce maintains the Export Administration Regulations, including the Commerce Control List (CCL). The Export Control Reform Initiative, a fundamental reform of the U.S. export control system, has resulted in transfer to the CCL of items that the President has determined do not warrant control on the United States Munitions List (USML), including certain military aircraft, military gas turbine engines, and related items. The USML is part of the International Traffic in Arms Regulations maintained by the Department of State. Through this notice, BIS is seeking public comments to perform a complementary review of military aircraft, military gas turbine engines, and related items on the CCL concurrent with the Department of State's review of the controls implemented in its recent revisions to Categories VIII and XIX of the USML, which control military aircraft and military gas turbine engines, 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 notice also furthers the retrospective regulatory review directed by the President in Executive Order 13563. DATES: Comments must be received by BIS no later than May 1, 2015. ADDRESSES: Comments may be submitted to the Federal rulemaking portal (http://www.regulations.gov). You can find this notice by searching on its regulations.gov docket number, which is BIS-2015-0006. Comments may also be submitted via email to [email protected] or on paper to Regulatory Policy Division, Bureau of Industry and Security, Room 2099B, U.S. Department of Commerce, Washington, DC 20230. Please refer to RIN 0694-XC023 in all comments and in the subject line of email comments. All comments (including any personally identifying information) will be made available for public inspection and copying. Commerce's full plan for retrospective regulatory review can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules. FOR FURTHER INFORMATION CONTACT: Todd Willis, Thomas DeFee or Jeffery Leitz in the Office of Strategic Industries and Economic Security, Munitions Control Division at 202 482 4506 or by email at [email protected], [email protected], or [email protected]. SUPPLEMENTARY INFORMATION: Background The Bureau of Industry and Security (BIS), Department of Commerce maintains the Export Administration Regulations, including the Commerce Control List (CCL). The Export Control Reform Initiative, a fundamental reform of the U.S. export control system, has resulted in transfer to the CCL of items that the President has determined do not warrant control on the United States Munitions List (USML), including certain military aircraft, military gas turbine engines, and related items. The USML is part of the International Traffic in Arms Regulations maintained by the Department of State. Through this notice, BIS is seeking comments to perform a complementary review of military aircraft, military gas turbine engines, and related items on the CCL concurrent with the Department of State's review of the controls implemented in its recent revisions to Categories VIII and XIX of the USML, which control military aircraft and military gas turbine engines, 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. Specifically, BIS is soliciting comments on the clarity, usability and any other matters related to implementation of the 600 series Export Control Classification Numbers (ECCNs) that control military aircraft and related items (ECCNs 9A610, 9B610, 9C610, 9D610 and 9E610) and military gas turbine engines and related items (9A619, 9B619, 9C619, 9D619 and 9E619). The Export Control Reform Initiative: USML Review and the CCL A core element of the Export Control Reform (ECR) Initiative has been the streamlining of categories on the USML and the control on the CCL of items that the President determines do not warrant USML control. On December 10, 2010, the Department of State provided notice to the public of its intent, pursuant to the ECR initiative, to revise the USML to create a more ``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, such as ``specially designed'' or ``specifically designed or modified,'' 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 jurisdiction of the Export Administration Regulations. Since that time, the Departments of State and Commerce have jointly published final rules setting forth revisions for fifteen USML categories, each of which has been reorganized into a uniform and more ``positive list'' structure, and corresponding revisions to the CCL. 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 ITAR by maintaining control over those defense articles that provide a critical military or intelligence advantage, or otherwise warrant control under the ITAR, without inadvertently controlling items in normal commercial use. This approach, however, requires that both the USML and the CCL 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 USML and the 600 series ECCNs. The first rules implementing the ECR initiative became effective on October 15, 2013. They implemented revisions to Category VIII (aircraft and related items), and created Category XIX (gas turbine engines and related items) on the USML (see 78 FR 22740) as well as the 600 series ECCNs 9A610, 9B610, 9C610, 9D610 and 9E610 (aircraft and related items) and 9A619, 9B619, 9C619, 9D619 and 9E619 (gas turbine engines and related items) on the CCL (see 78 FR 22660). The Department of State is seeking comment from the public on the condition and efficacy of [[Page 11316]] the revised Categories VIII and XIX and whether they are meeting the ECR objectives for the list revisions. BIS will make any changes to the CCL that it determines are necessary to complement USML revisions. However, with this notice, BIS is also independently seeking comment on how to improve the implementation of 600 series ECCNs 9A610, 9B610, 9C610, 9D610, 9E610, 9A619, 9B619, 9C619, 9D619 and 9E619. Executive Order 13563 On January 18, 2011, President Barack Obama issued Executive Order 13563, affirming general principles of regulation and directing government agencies to improve regulation and regulatory review. Among other things, the President stressed the need for the regulatory system to allow for public participation and an open exchange of ideas, as well as promote predictability and reduce uncertainty. The President also emphasized that regulations must be accessible, consistent, written in plain language, and easy to understand. As part of its ongoing effort to ensure that its regulations are clear, effective, and up-to-date, BIS is issuing this notice soliciting public comments. Dated: February 24, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2015-04293 Filed 2-27-15; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules 11315
DEPARTMENT OF COMMERCE in the subject line of email comments. streamlining of categories on the USML
All comments (including any personally and the control on the CCL of items that
Bureau of Industry and Security identifying information) will be made the President determines do not warrant
available for public inspection and USML control. On December 10, 2010,
15 CFR Part 774 copying. Commerce’s full plan for the Department of State provided notice
[Docket No. 150210135–5182–01] retrospective regulatory review can be to the public of its intent, pursuant to
accessed at: http://open.commerce.gov/ the ECR initiative, to revise the USML
RIN 0694–XC023 news/2011/08/23/commerce-plan- to create a more ‘‘positive list’’ that
retrospective-analysis-existing-rules. describes controlled items using, to the
Notice of Inquiry: Request for extent possible, objective criteria rather
FOR FURTHER INFORMATION CONTACT:
Comments Regarding Controls on than broad, open-ended, subjective, or
Military Aircraft and Military Gas Todd Willis, Thomas DeFee or Jeffery
Leitz in the Office of Strategic Industries design intent-based criteria (see 75 FR
Turbine Engines on the Commerce 76935). As a practical matter, this meant
Control List and Economic Security, Munitions
Control Division at 202 482 4506 or by revising USML categories so that, with
AGENCY: Bureau of Industry and email at Todd.Willis@bis.doc.gov, some exceptions, the descriptions of
Security, Commerce. Thomas.DeFee@bis.doc.gov, or defense articles that continued to
ACTION: Notice of inquiry. Jeffrey.Leitz@bis.doc.gov. warrant control under the USML did not
use catch-all phrases, such as ‘‘specially
SUPPLEMENTARY INFORMATION:
SUMMARY: The Bureau of Industry and designed’’ or ‘‘specifically designed or
Security (BIS), Department of Commerce Background modified,’’ to control unspecified items.
maintains the Export Administration With limited exceptions, the defense
The Bureau of Industry and Security
Regulations, including the Commerce articles that warranted control under the
(BIS), Department of Commerce
Control List (CCL). The Export Control USML were those that provided the
maintains the Export Administration
Reform Initiative, a fundamental reform United States with a critical military or
Regulations, including the Commerce
of the U.S. export control system, has intelligence advantage. All other items
Control List (CCL). The Export Control were to become subject to the
resulted in transfer to the CCL of items Reform Initiative, a fundamental reform
that the President has determined do jurisdiction of the Export
of the U.S. export control system, has Administration Regulations. Since that
not warrant control on the United States resulted in transfer to the CCL of items
Munitions List (USML), including time, the Departments of State and
that the President has determined do Commerce have jointly published final
certain military aircraft, military gas not warrant control on the United States
turbine engines, and related items. The rules setting forth revisions for fifteen
Munitions List (USML), including USML categories, each of which has
USML is part of the International Traffic certain military aircraft, military gas
in Arms Regulations maintained by the been reorganized into a uniform and
turbine engines, and related items. The more ‘‘positive list’’ structure, and
Department of State. Through this USML is part of the International Traffic
notice, BIS is seeking public comments corresponding revisions to the CCL.
in Arms Regulations maintained by the The advantage of revising the USML
to perform a complementary review of Department of State. Through this
military aircraft, military gas turbine into a more positive list is that its
notice, BIS is seeking comments to controls can be tailored to satisfy the
engines, and related items on the CCL perform a complementary review of
concurrent with the Department of national security and foreign policy
military aircraft, military gas turbine objectives of the ITAR by maintaining
State’s review of the controls engines, and related items on the CCL
implemented in its recent revisions to control over those defense articles that
concurrent with the Department of provide a critical military or intelligence
Categories VIII and XIX of the USML, State’s review of the controls
which control military aircraft and advantage, or otherwise warrant control
implemented in its recent revisions to under the ITAR, without inadvertently
military gas turbine engines, to ensure Categories VIII and XIX of the USML,
that they are clear, do not inadvertently controlling items in normal commercial
which control military aircraft and use. This approach, however, requires
control items in normal commercial use, military gas turbine engines, to ensure that both the USML and the CCL be
account for technological developments, that they are clear, do not inadvertently regularly revised and updated to
and properly implement the national control items in normal commercial use, account for technological developments,
security and foreign policy objectives of account for technological developments, practical application issues identified
the reform effort. This notice also and properly implement the national by exporters and reexporters, and
furthers the retrospective regulatory security and foreign policy objectives of changes in the military and commercial
review directed by the President in the reform effort. applications of items affected by the
Executive Order 13563. Specifically, BIS is soliciting USML and the 600 series ECCNs.
DATES: Comments must be received by comments on the clarity, usability and The first rules implementing the ECR
BIS no later than May 1, 2015. any other matters related to initiative became effective on October
ADDRESSES: Comments may be implementation of the 600 series Export 15, 2013. They implemented revisions
submitted to the Federal rulemaking Control Classification Numbers (ECCNs) to Category VIII (aircraft and related
portal (http://www.regulations.gov). You that control military aircraft and related items), and created Category XIX (gas
can find this notice by searching on its items (ECCNs 9A610, 9B610, 9C610, turbine engines and related items) on
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
regulations.gov docket number, which is 9D610 and 9E610) and military gas the USML (see 78 FR 22740) as well as
BIS–2015–0006. Comments may also be turbine engines and related items the 600 series ECCNs 9A610, 9B610,
submitted via email to (9A619, 9B619, 9C619, 9D619 and 9C610, 9D610 and 9E610 (aircraft and
publiccommments@bis.doc.gov or on 9E619). related items) and 9A619, 9B619,
paper to Regulatory Policy Division, 9C619, 9D619 and 9E619 (gas turbine
Bureau of Industry and Security, Room The Export Control Reform Initiative: engines and related items) on the CCL
2099B, U.S. Department of Commerce, USML Review and the CCL (see 78 FR 22660). The Department of
Washington, DC 20230. Please refer to A core element of the Export Control State is seeking comment from the
RIN 0694–XC023 in all comments and Reform (ECR) Initiative has been the public on the condition and efficacy of
VerDate Sep<11>2014 20:48 Feb 27, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4702 E:\FR\FM\02MRP3.SGM 02MRP3](https://thefederalregister.org/doc/80_FR_11355/page/1.svg)
![11316 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules
the revised Categories VIII and XIX and Executive Order 13563 be accessible, consistent, written in
whether they are meeting the ECR On January 18, 2011, President Barack plain language, and easy to understand.
objectives for the list revisions. BIS will Obama issued Executive Order 13563, As part of its ongoing effort to ensure
make any changes to the CCL that it affirming general principles of that its regulations are clear, effective,
determines are necessary to complement regulation and directing government and up-to-date, BIS is issuing this notice
USML revisions. However, with this agencies to improve regulation and soliciting public comments.
notice, BIS is also independently regulatory review. Among other things, Dated: February 24, 2015.
seeking comment on how to improve the President stressed the need for the
Kevin J. Wolf,
the implementation of 600 series ECCNs regulatory system to allow for public
participation and an open exchange of Assistant Secretary for Export
9A610, 9B610, 9C610, 9D610, 9E610,
Administration.
9A619, 9B619, 9C619, 9D619 and ideas, as well as promote predictability
and reduce uncertainty. The President [FR Doc. 2015–04293 Filed 2–27–15; 8:45 am]
9E619.
also emphasized that regulations must BILLING CODE 3510–33–P
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
VerDate Sep<11>2014 20:10 Feb 27, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4701 Sfmt 9990 E:\FR\FM\02MRP3.SGM 02MRP3](https://thefederalregister.org/doc/80_FR_11355/page/2.svg)
Document Created: 2015-12-18 12:07:39
Document Modified: 2015-12-18 12:07:39
| 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. | |
| Dates | Comments must be received by BIS no later than May 1, 2015. | |
| Contact | Todd Willis, Thomas DeFee or Jeffery Leitz in the Office of Strategic Industries and Economic Security, Munitions Control Division at 202 482 4506 or by email at [email protected], [email protected], or [email protected] | |
| FR Citation | 80 FR 11315 | |
| RIN Number | 0694-XC02 |
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