80 FR 61138 - Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories VI, VII, XIII, and XX
DEPARTMENT OF STATE Federal Register Volume 80, Issue 196 (October 9, 2015)
Federal Register Volume 80, Issue 196 (October 9, 2015)
| Page Range | 61138-61139 | |
| FR Document | 2015-25751 |
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)] [Proposed Rules] [Pages 61138-61139] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25751] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR 121 [Public Notice: 9313] Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories VI, VII, XIII, and XX 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 VI, VII, XIII and XX 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 drafting issues related to the USML categories under review. DATES: The Department of State will accept comments from the public until December 8, 2015. ADDRESSES: Interested parties may submit comments by one of the following methods:Email: [email protected] with the subject line, ``Review of USML Categories VI, VII, XIII and XX.'' Internet: At www.regulations.gov, search for this notice using its docket number, DOS-2015-0054. 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 VI, VII, XIII and XX. SUPPLEMENTARY INFORMATION: [[Page 61139]] 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. On June 17, 2015, the Department published a Notice of Inquiry in the Federal Register requesting public comment on USML Categories VIII and XIX, both of which were revised pursuant to the ECR initiative in late 2013. It was the first of what is planned to be a series of solicitations requesting feedback on those USML categories that have reached their one-year anniversary of revision. This Notice of Inquiry is the second such request. As suggested in its title, the subjects are Categories VI, VII, XIII and XX, which became effective on January 6, 2014 (see 78 FR 40922). As with the previous inquiry, 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. Request for Comments The Department requests public comment regarding USML Categories VI, VII, XIII and XX. 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 VI, VII, XIII or XX, 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 VI, VII, XIII and XX: 1. Emerging and new technologies that are appropriately controlled by one of the referenced categories, but which are not currently described in the subject categories or not described with sufficient clarity. 2. Defense articles that are described in subject categories, 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. 2015-25751 Filed 10-8-15; 8:45 am] BILLING CODE 4710-25-P
![61138 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Proposed Rules
not warrant USML control. On (surface vessels of war and special naval DEPARTMENT OF STATE
December 10, 2010, the Department of equipment), Category VII (ground
State provided notice to the public of its vehicles), Category XIII (materials and 22 CFR 121
intent, pursuant to the ECR Initiative, to miscellaneous articles), and Category
revise the USML to create a more XX (submersible vessels and related [Public Notice: 9313]
‘‘positive list’’ that describes controlled articles) on the USML (see 78 FR 40922)
items using, to the extent possible, and added the following ‘‘600 series’’ Notice of Inquiry; Request for
objective criteria rather than broad, ECCNs to the CCL (see 78 FR 40892): Comments Regarding Review of
open-ended, subjective, or design ECCNs 0A606, 0B606, 0C606, 0D606, United States Munitions List
intent-based criteria (see 75 FR 76935). Categories VI, VII, XIII, and XX
and 0E606 (military vehicles and related
As a practical matter, this meant
items); ECCNs 8A609, 8B609, 8C609, Department of State.
AGENCY:
revising USML categories so that, with
some exceptions, the descriptions of 8D609, and 8E609 (vessels of war and
Notice of inquiry, request for
ACTION:
defense articles that continued to related items); ECCNs 8A620, 8B620,
comments.
warrant control under the USML did not 8D620, and 8E620 (submersible vessels,
use catch-all phrases, such as ‘‘specially oceanographic equipment and related SUMMARY: The Department of State
designed’’ or ‘‘specifically designed or items); and ECCNs 0A617, 0B617, requests comments from the public to
modified,’’ to control unspecified items. 0C617, 0D617, and 0E617 (auxiliary and inform its review of the controls
With limited exceptions, the defense miscellaneous military equipment). The implemented in recent revisions to
articles that continued to warrant Department of State is seeking Categories VI, VII, XIII and XX of the
control under the USML were those that comments from the public on the United States Munitions List (USML). In
provided the United States with a condition and efficacy of the revised light of the ongoing transition of the
critical military or intelligence Categories VI, VII, XIII, and XX and USML to a more ‘‘positive list’’ pursuant
advantage. Items that no longer whether they are meeting the ECR to the President’s Export Control Reform
warranted control under the USML were objectives for the list revisions. BIS will (ECR) initiative, the Department intends
to become subject to the jurisdiction of make any changes to the CCL that it to periodically review the revised USML
the Department of Commerce under the determines are necessary to complement categories to ensure that they are clear,
Export Administration Regulations revisions to the USML by the do not inadvertently control items in
(EAR). Since that time, the Departments Department of State. In addition, normal commercial use, account for
of State and Commerce have jointly through this notice of inquiry, BIS is technological developments, and
published final rules in which, properly implement the national
independently seeking comments on
collectively, the Department of State has security and foreign policy objectives of
how to improve the implementation of
made revisions to fifteen of the USML the reform effort. This review will also
categories (each of which has been the aforementioned ‘‘600 series’’ ECCNs
consider any drafting issues related to
restructured to provide a uniform and on the CCL.
the USML categories under review.
more ‘‘positive list’’ of controlled items) Executive Order 13563 DATES: The Department of State will
and the Department of Commerce has accept comments from the public until
made corresponding revisions to the On January 18, 2011, President Barack
December 8, 2015.
CCL. Obama issued Executive Order 13563,
The advantage of revising the USML affirming general principles of ADDRESSES: Interested parties may
into a more positive list is that its regulation and directing government submit comments by one of the
controls can be tailored to satisfy the agencies to improve regulation and following methods:
national security and foreign policy regulatory review. Among other things, • Email: DDTCPublicComments@
objectives of the ITAR by maintaining the President stressed the need for the state.gov with the subject line, ‘‘Review
control over those defense articles that regulatory system to allow for public of USML Categories VI, VII, XIII and
provide a critical military or intelligence XX.’’
participation and an open exchange of
advantage, or otherwise warrant control
ideas, as well as promote predictability • Internet: At www.regulations.gov,
under the ITAR, without inadvertently search for this notice using its docket
and reduce uncertainty. The President
controlling items in normal commercial number, DOS–2015–0054.
use. This approach, however, requires also emphasized that regulations must
Comments submitted through
that both the USML and the CCL be be accessible, consistent, written in
www.regulations.gov will be visible to
regularly revised and updated to plain language, and easy to understand.
other members of the public; the
address technological developments, As part of its ongoing effort to ensure
Department will publish all comments
practical application issues identified that its regulations are clear, effective, on the Directorate of Defense Trade
by exporters and reexporters, and and up-to-date, BIS is issuing this notice Controls Web site
changes in the military and commercial soliciting public comments. (www.pmddtc.state.gov). Therefore,
applications of items affected by the Dated: October 5, 2015. commenters are cautioned not to
USML and the ‘‘600 series’’ ECCNs on include proprietary or other sensitive
Matthew S. Borman,
the CCL. information in their comments.
Consistent with the approach Deputy Assistant Secretary for Export
described above, this notice of inquiry Administration. FOR FURTHER INFORMATION CONTACT: Mr.
rmajette on DSK7SPTVN1PROD with PROPOSALS
requests public comments as part of a [FR Doc. 2015–25752 Filed 10–8–15; 8:45 am] C. Edward Peartree, Director, Office of
complementary review of changes to the BILLING CODE 3510–33–P
Defense Trade Controls Policy,
EAR and the ITAR based on the ECR Department of State, telephone (202)
Initiative and implemented by a set of 663–2792; email
rules, published by the Departments of DDTCPublicComments@state.gov.
State and Commerce, that became ATTN: Review of USML Categories VI,
effective on January 6, 2014. These rules VII, XIII and XX.
implemented revisions to Category VI SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Proposed Rules 61139
List Review comment on USML Categories VIII and proposed rulemaking in the Federal
On December 10, 2010, the XIX, both of which were revised Register.
Department provided notice to the pursuant to the ECR initiative in late C. Edward Peartree,
public of its intent, pursuant to the ECR 2013. It was the first of what is planned
Director, Office of Defense Trade Controls
initiative, to revise the USML to create to be a series of solicitations requesting Policy, Bureau of Political-Military Affairs,
a ‘‘positive list’’ that describes feedback on those USML categories that U.S. Department of State.
controlled items using, to the extent have reached their one-year anniversary [FR Doc. 2015–25751 Filed 10–8–15; 8:45 am]
possible, objective criteria rather than of revision. This Notice of Inquiry is the BILLING CODE 4710–25–P
broad, open-ended, subjective, or design second such request. As suggested in its
intent-based criteria (see 75 FR 76935). title, the subjects are Categories VI, VII,
As a practical matter, this meant XIII and XX, which became effective on ENVIRONMENTAL PROTECTION
revising USML categories so that, with January 6, 2014 (see 78 FR 40922). As AGENCY
some exceptions, the descriptions of with the previous inquiry, the
defense articles that continued to Department seeks comment from the 40 CFR Parts 51, 60, 61, and 63
warrant control under the USML did not public on the condition and efficacy of
use catch-all phrases to control [EPA–HQ–OAR–2014–0292; FRL–9935–42–
these categories and whether they are OAR]
unspecified items. With limited meeting the ECR objectives for the list
exceptions, the defense articles that revisions. RIN 2060–AS34
warranted control under the USML were
those that provided the United States Request for Comments Revisions to Test Methods,
with a critical military or intelligence Performance Specifications, and
advantage. All other items were to The Department requests public Testing Regulations for Air Emission
become subject to the Export comment regarding USML Categories Sources; Extension of Comment
Administration Regulations. Since that VI, VII, XIII and XX. General comments Period
time, the Department has published on the overall ECR initiative or other
aspects of the ITAR, to include other AGENCY: Environmental Protection
final rules setting forth revisions for
categories of the USML that do not Agency (EPA).
fifteen USML categories, each of which
have been reorganized into a uniform relate to or are not affected by Categories ACTION: Proposed rule; extension of
and more positive list structure. VI, VII, XIII or XX, are outside of the comment period.
The advantage of revising the USML scope of this inquiry. In order to
SUMMARY: The Environmental Protection
into a more positive list is that its contribute effectively to the USML
Agency (EPA) is extending the comment
controls can be tailored to satisfy the review process, all commenters are period for the proposed rule titled,
national security and foreign policy encouraged to provide comments that ‘‘Revisions to Test Methods,
objectives of the U.S. government by are responsive specifically to the Performance Specifications, and Testing
maintaining control over those defense prompts set forth below. Regulations for Air Emission Sources,’’
articles that provide a critical military or
The Department requests comment on that was published in the Federal
intelligence advantage, or otherwise
the following topics, as they relate to Register on September 8, 2015. The 60-
warrant control under the International
Categories VI, VII, XIII and XX: day comment period in the proposed
Traffic in Arms Regulations (ITAR),
1. Emerging and new technologies rule is scheduled to end on November
without inadvertently controlling items
9, 2015. The extended comment period
in normal commercial use. This that are appropriately controlled by one
will close on December 9, 2015. The
approach, however, requires that the of the referenced categories, but which
EPA recently added a technical
lists be regularly revised and updated to are not currently described in the
justification to the docket for the
account for technological developments, subject categories or not described with revision in the proposed rule regarding
practical application issues identified sufficient clarity. Subpart JJJJ of Part 60 (Standards of
by exporters and reexporters, and
2. Defense articles that are described Performance for Stationary Spark
changes in the military and commercial
in subject categories, but which have Ignition Internal Combustion Engines).
applications of items affected by the list.
entered into normal commercial use We also added background information
In addition, the USML and the
since the most recent revisions to the to support our reasoning for soliciting
Commerce Control List require regular
category at issue. For such comments, comment about Method 7E
revision in order to ensure that they
be sure to include documentation to stratification. Therefore, the EPA is
satisfy the national security and foreign
support claims that defense articles extending the comment period to allow
policy objectives of the reform effort,
have entered into normal commercial the public additional time to submit
which are to (i) improve interoperability
use. comments and supporting information
of U.S. military forces with allied
on these and other aspects of the
countries, (ii) strengthen the U.S. 3. Defense articles for which proposed rule.
industrial base by, among other things, commercial use is proposed, intended,
reducing incentives for foreign DATES: Comments on the proposed rule
or anticipated in the next five years.
manufacturers to design out and avoid published September 8, 2015 (80 FR
4. Drafting or other technical issues in 54146) must be received on or before
U.S.-origin content and services, which
rmajette on DSK7SPTVN1PROD with PROPOSALS
ensures continued U.S. visibility and the text of either of the referenced December 9, 2015.
control, and (iii) allow export control categories. ADDRESSES: Comments. Written
officials to focus government resources The Department will review all comments on the proposed rule may be
on transactions that pose greater comments from the public. If a submitted to the EPA electronically, by
concern. rulemaking is warranted based on the mail, by facsimile, or through hand
On June 17, 2015, the Department comments received, the Department will delivery/courier. Please refer to the
published a Notice of Inquiry in the respond to comments received in a proposal (80 FR 54146) for the addresses
Federal Register requesting public and detailed instructions.
VerDate Sep<11>2014 15:04 Oct 08, 2015 Jkt 238001 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\09OCP1.SGM 09OCP1](https://thefederalregister.org/doc/80_FR_61334/page/2.svg)
Document Created: 2015-12-15 08:34:09
Document Modified: 2015-12-15 08:34:09
| 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 December 8, 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 VI, VII, XIII and XX. | |
| FR Citation | 80 FR 61138 |
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