81 FR 6797 - Amendment to the International Traffic in Arms Regulations: U.S. Munitions List Categories VIII and XIX
DEPARTMENT OF STATE Federal Register Volume 81, Issue 26 (February 9, 2016)
Federal Register Volume 81, Issue 26 (February 9, 2016)
| Page Range | 6797-6806 | |
| FR Document | 2016-02587 |
[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)] [Proposed Rules] [Pages 6797-6806] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-02587] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 121 [Public Notice: 9395] RIN 1400-AD89 Amendment to the International Traffic in Arms Regulations: U.S. Munitions List Categories VIII and XIX AGENCY: Department of State. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: As part of the President's Export Control Reform (ECR) effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Categories VIII (aircraft and related articles) and XIX (gas turbine engines and associated equipment) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563. DATES: The Department of State will accept comments on this proposed rule until March 25, 2016. ADDRESSES: Interested parties may submit comments within 45 days of the date of publication by one of the following methods:Email: [email protected] with the subject line, ``ITAR Amendment--Categories VIII and XIX.'' Internet: At www.regulations.gov, search for this notice by using this rule's RIN (1400-AD89). Comments received after that date will be considered if feasible, but consideration cannot be assured. Those submitting comments should not include any personally identifying information they do not wish to be made public or information for which a claim of confidentiality is asserted, because those comments and/or transmittal emails will be made available for public inspection and copying after the close of the comment period via the Directorate of Defense Trade Controls Web site at www.pmddtc.state.gov. Parties who wish to comment anonymously may do so by submitting their comments via www.regulations.gov, leaving the fields that would identify the commenter blank and including no identifying information in the comment itself. Comments submitted via www.regulations.gov are immediately available for public inspection. 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: ITAR Amendment--USML Categories VIII and XIX. SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls (DDTC), U.S. Department of State, administers the International Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130). The items subject to the jurisdiction of the ITAR, i.e., ``defense articles,'' are identified on the ITAR's U.S. Munitions List (USML) (22 CFR 121.1). With few exceptions, items not subject to the export control jurisdiction of the ITAR are subject to the jurisdiction of the Export Administration Regulations (``EAR,'' 15 CFR parts 730-774, which includes the Commerce Control List (CCL) in Supplement No. 1 to Part 774), administered by the Bureau of Industry and Security (BIS), U.S. Department of Commerce. Both the ITAR and the EAR impose license requirements on exports and reexports. Items not subject to the ITAR or to the exclusive licensing jurisdiction of any other set of regulations are subject to the EAR. USML List Review On March 2, 2015, the Department published a Notice of Inquiry requesting public comment on USML Categories VIII and XIX (see 80 FR 11314). This Notice of Inquiry initiated a review of these 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. The Department will similarly review each of the various USML categories that have been revised in the context of the ECR initiative. In response to this Notice of Inquiry, the Department received 25 comments from the public. These comments offered proposals for modifications to the phrasing of regulatory text in USML Category VIII and Category XIX. The public comments were reviewed and considered by the Department and other agencies. Where the recommended changes added to the clarity of the regulation and were consistent with ECR objectives, the Department accepted them. All references to the USML in this rule are to the list of defense articles that are controlled for the purpose of export or temporary import pursuant to the ITAR, and not to the defense articles on the USML that are controlled by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) for the purpose of permanent import under its regulations (see 27 CFR part 447). Pursuant to Sec. 38(a)(1) of the Arms Export Control Act (AECA), all defense articles controlled for export or import are part of the USML under the AECA. For the sake of clarity, the list of defense articles controlled by ATF for the purpose of permanent import is the United States Munitions Import List (USMIL). The transfer of defense articles from the ITAR's USML to the EAR's CCL for the purpose of export control does not affect the list of defense articles controlled on the USMIL under the AECA for the purpose of permanent import. [[Page 6798]] Revision of Category VIII This proposed rule revises USML Category VIII, covering aircraft and related articles, to describe more precisely the articles warranting control on the USML. Paragraph (a) is revised to clarify that the controls for all paragraphs are applicable ``whether manned, unmanned, remotely piloted, or optionally piloted,'' by modifying paragraph (a)(5) to clarify the features meriting USML control, and by deleting paragraph (a)(6) and placing it into reserve, because the relevant control would be subsumed by paragraph (a)(5). Paragraphs (a)(7) and (a)(8) are modified to clarify the features meriting USML control. Paragraphs (a)(11) and (a)(13) are deleted and placed into reserve. Paragraph (a)(14) is modified to exclude L-100 aircraft manufactured prior to 2013 from the scope of control. The Note to paragraph (a) is revised to incorporate technical corrections. Paragraph (d) is modified to delete the ``ship-based'' control parameter and to clarify the intent and scope of the control. Notes 1 and 3 to paragraph (f) are modified to incorporate clarifying language. Several changes are proposed within paragraph (h). Paragraph (h)(1) is modified to delete the references to ``equipment'' in order to resolve any doubt that all production and test equipment specially designed for USML Category VIII articles presently is subject to the EAR under Export Control Classification Number (ECCN) 9B610. This rule proposes to move specific types of production and test equipment for specific aircraft identified in (h)(1) to the control of the USML because they are of a nature that inherently reveals technical data directly related to the defense article. The Department requests public comment on whether the production and test equipment identified in revised paragraph (h)(30) of the proposed revisions to USML Category VIII per se reveal technical data directly related to a defense article. In addition, paragraph (h)(1) is revised to update the list of subject platforms. The Note to paragraph (h)(1) is modified to incorporate technical corrections and to enhance the clarity of the note. Paragraph (h)(2) is revised to focus the scope of control on certain rotorcraft gearboxes meeting specific technical parameters, and a note to paragraph (h)(2) is added to clarify certain terminology used therein. Paragraph (h)(4)(ii) is modified to clarify the scope of control. Paragraph (h)(5) is updated to add the words ``On-aircraft'' in order to clarify the scope of control. Paragraph (h)(7) is modified to clarify the scope of control and to include control over specially designed parts and components of the subject flight control systems. Paragraph (h)(8) is modified to clarify the meaning of ``threat- adaptive autonomous flight control systems.'' Paragraph (h)(10) is modified to enhance the clarity of the control text. Paragraph (h)(13) is deleted and placed into reserve. Paragraph (h)(16) is modified to incorporate a technical correction. Paragraph (h)(18) is modified to control specially designed parts and components of the subject systems. Paragraph (h)(19) is modified to remove reference to ECCN 9A610. Current paragraphs (h)(23) through (h)(26) are placed into reserve, with new controls added as paragraphs (h)(27) through (h)(30). Finally, the note to Category VIII is modified to update the paragraphs of paragraph (h) that are affected. A number of commenting parties submitted observations or recommendations that pertained to sections of the ITAR other than USML Categories VIII and XIX. Additional commenting parties offered general observations or requests regarding the ECR initiative or defense trade generally. The Department is not addressing such comments in this proposed rule because they are outside the scope of the pending inquiry. The Department welcomes input from the public on these matters under separate cover and through standard means of communication, and offers guidance to industry through the efforts of the DDTC Response Team or the Advisory Opinion process. As outlined in the Notice of Inquiry referenced above, this rulemaking addresses only the USML Categories identified specifically in the Notice of Inquiry. One commenter recommended that paragraph (a)(5) and paragraph (a)(13) be removed, and another commenter similarly recommended that paragraph (a)(6) be deleted, with paragraphs added to each entry in paragraph (a) for which the Department sought to control unmanned or optionally-piloted variants. The Department has revised these paragraphs, as described below, and modified paragraph (a) to confirm that the subject aircraft are ITAR-controlled if manned, unmanned, remotely piloted, or optionally piloted. A commenting party stated that the term ``attack helicopters'' in paragraph (a)(4) is ambiguous, and proposed a clarifying note. The Department did not accept this recommendation, because it has received little evidence to date to indicate that ITAR users have struggled with the meaning of this language and no other commenting party expressed a similar concern. Several commenting parties suggested that the use of the term ``military'' in Category VIII, when used in the control text as a feature that would distinguish ITAR-controlled aircraft from other aircraft (e.g., in paragraph (a)(5)), did not provide sufficient clarity to allow for reliable self-classification of an aircraft. The Department accepted this suggestion and, where practical, has replaced references to ``military'' aircraft with controls impacting those aircraft that incorporate or are specially designed to incorporate a defense article. This includes revisions to paragraph (a)(5) and (a)(7). Additional commenting parties recommended that paragraph (a)(7) be revised to specifically describe the technical parameters or capabilities that merit ITAR control in the context of intelligence, surveillance, and reconnaissance missions. The Department has elected to limit revisions to paragraph (a)(7) to those referenced above, in order to capture an appropriate range of capabilities of concern. One commenting party recommended that paragraph (a)(8) be revised to specifically describe the technical parameters or capabilities that merit ITAR control in this context, asserting that commercial aircraft may be captured by the existing control. The Department did not accept the recommendation to add technical parameters, but has proposed revisions to the control text in order to better clarify the classes of aircraft subject to this control. Five commenting parties observed that the control set forth in paragraph (a)(11) created a significant burden for industry, by capturing any aircraft incorporating a mission system already controlled elsewhere in the USML, and thus recommended deletion of the control. Since the mission systems at issue in this paragraph are already subject to ITAR control and there is no other described feature that causes the aircraft at issue in this paragraph to merit ITAR control, the Department accepted these recommendations and deleted the paragraph and the notes to the paragraph. The Department did not receive public comment on paragraph (a)(12). However, public comment is requested on whether any commercial unmanned aerial vehicles have the capability described in this paragraph. In any public comment submitted in reply to this request, please provide specific [[Page 6799]] examples of the commercial models at issue. Four commenting parties recommend revision to or deletion of paragraph (a)(13), arguing that the control is overly broad and captures all optionally piloted aircraft, including aircraft that would otherwise be controlled by the EAR. The Department accepted these comments and deleted the paragraph, while revising paragraph VIII(a) to capture all optionally piloted variants of the aircraft listed in that paragraph. Two commenting parties recommended revision of paragraph (a)(14) to narrow the scope to capture only those aircraft platforms that provide critical military or intelligence capabilities, as well as to avoid inadvertent capture of commercial aircraft such as the L-100. The Department partially accepted the latter recommendation and excluded L- 100 aircraft manufactured prior to 2013 from control under paragraph (a)(14). The Department requests public comment on the scope and effect of this control and exclusion. Three commenting parties suggested that paragraph (a)(15)(ii) is not sufficiently clear to foreign readers, given its reliance on the military designations in paragraph (a)(15)(i) rather than specific performance criteria. While the Department believes the military designations set forth in paragraph (a)(15)(i) can be researched and understood satisfactorily using publicly available information and the relevant performance criteria can be determined based on this information, public comment is requested on whether paragraph (a)(15) captures articles that are not already controlled by paragraphs (a)(1)- (a)(14). Similar to its request for comments on paragraph (a)(15), the Department requests public comment regarding whether the scope of controls described in paragraph (a)(16) is redundant given the controls in paragraphs (a)(1)-(a)(14), and whether it effectively precludes any less sensitive aircraft from being controlled in ECCN 9A610.a that, for example, may have been once manufactured with hard points that could be used to deliver munitions. One commenting party recommended revised control text for paragraph (a)(16), arguing that the word ``armed'' is ambiguous in its meaning. The Department did not accept this recommendation and believes that this term is sufficiently clear and understood by the public. Two commenting parties requested clarification on the scope of paragraph (d), with respect to the relationship between this paragraph and paragraph (h)(6), as well as the use of ``specially designed'' in this paragraph. The Department observes that the reference to ``launching systems'' in paragraph (h)(6) is limited in scope to launching equipment for unmanned aerial vehicles. Additionally, the Department has revised paragraph (d) to remove the ``ship-based'' modifiers, as well as to clarify the performance characteristic for which the equipment at issue must be ``specially designed.'' One commenting party recommended no change to paragraph (e), while three commenting parties recommended deletion of the paragraph or removal of its Significant Military Equipment designation. The Department did not accept any recommendation to modify this paragraph in this rulemaking. Since it is anticipated that the concurrent Category XII revision effort may impact controls over related technologies, the Department has elected to refrain from modifying the paragraph (e) control in Category VIII pending the outcome of the Category XII review and revision process. Three commenting parties suggested revisions to paragraph (f) or the Notes to that paragraph. Where commenting parties recommended technical clarifications or changes of terminology that did not materially alter the control, the Department did not accept these recommendations in order to maintain conformity between this paragraph and the analogous paragraphs that appear in other categories of the USML. The Department also did not accept a recommendation to limit the scope of paragraph (f) to developmental aircraft ``of the type described in VIII(a)(1)-(16)'' in favor of the existing scope of the paragraph. The Department accepted a recommendation to limit the class of modified contract affected by Note 3 to paragraph (f) to those that initiate the development of a new defense article and are dated April 16, 2014 or later. One commenting party remarked in numerous instances on the use of ``specially designed'' with respect to components of components. The Department received no other indication in the context of this review effort that the referenced control parameter is unclear and did not agree with these comments. Similarly, two commenting parties recommended the addition of technical parameters to remove ``specially designed'' wherever possible. The Department accepts this edit to the fullest extent possible, but notes that ``specially designed'' exists in recognition of the fact that an enumeration of specific technical parameters may prove too complex or unwieldy to produce a useful regulation in some cases. Several commenters offered recommendations to revise paragraph (h)(1), arguing that the control is overly broad or offering specific examples of technologies that are controlled by the paragraph but may be more appropriately controlled by the EAR. The Department did not accept any recommendation to remove a single technology or product from the paragraph, because such a change would be inconsistent with the national security, foreign policy, and regulatory drafting objectives of the paragraph to control as defense articles all parts and components, regardless of sophistication or similarity to items subject to the EAR, that are specially designed for the stealth and low- observable aircraft platforms of greatest concern referenced in paragraph (h)(1). However, the Department modernized the list of aircraft platforms, and removed the reference to equipment. A new paragraph (h)(30) is added to capture the limited range of equipment relevant to a defense article described in paragraph (h)(1) and meriting ITAR control. Additionally, the Department notes that not all products designed for a referenced aircraft platform are ``specially designed'' for that platform. Please refer to ITAR Sec. 120.41 for more information. One commenting party requested confirmation that paragraph (h)(1) does not control articles controlled elsewhere on the USML, such as an F-35 radar that would otherwise be controlled as significant military equipment (SME) under USML Category XI(a)(3). The Department confirms that the higher-level SME control is appropriate in such a scenario. The essence of the Order of Review concept is that when determining whether an item is subject to the ITAR, one must first review the enumerated and other entries on the USML that do not use a ``specially designed'' catch-all reference to unspecified ``parts'' and ``components.'' If no such references apply to the product at issue, then one must then review the ``specially designed'' catch-all provisions in the USML. If none of the USML catch-all provisions apply to the product at issue, then one must perform the same exercise within the 600 series controls of the CCL (or with the 515 controls for satellite-related items). If none of those entries apply, then one reviews the rest of the CCL as described in the EAR. A commenting party recommended clarification with respect to the Note to paragraph (h)(1), to confirm that the paragraph's description of specially [[Page 6800]] designed and ITAR Sec. 120.41 pertains only to paragraph (h)(1). The Department confirms that notes within the USML are intended only to pertain to the category, paragraph, or paragraph referenced in their heading; as such, the Note to paragraph (h)(1) relates only to that paragraph. Three commenting parties recommended revision to paragraph (h)(2) to remove the reference to interconnecting drive shafts and to clarify the scope of gearboxes that merit control under this provision. The Department accepted these edits and proposes a rewritten paragraph (h)(2) that controls only certain rotorcraft gearboxes that meet specific technical criteria. Two commenters recommended deletion of paragraph (h)(2) and an expansion of paragraph (h)(18) to control ballistic resistant gearbox parts and components. The Department partially accepted these comments. The revised control clarifies the narrowed scope of articles that merit control and is intended to address the commenters' objective of avoiding capture of items in normal commercial use. One commenting party recommended removal of the ``specially designed parts and components therefor'' language from paragraph (h)(2). The Department rejected this comment because the revised control now sets forth specific technical criteria. A commenter recommended revision of paragraph VIII(h)(3) to control only quick-fold systems designed for maritime operations and the specially designed parts and components thereof. In the interest of retaining the existing scope of control, the Department did not accept this recommendation. Similarly, the Department did not accept a recommendation to remove paragraph VIII(h)(4)'s control over certain wing folding systems. This paragraph was revised as recently as July 1, 2014 to ensure that wing folding systems for commercial aircraft are not controlled as defense articles, while retaining those systems that warrant ITAR controls for foreign policy and national security reasons. The range of public comments received did not indicate that the paragraph, as revised in July 2014, required further revision at this time. One commenting party requested clarification regarding the relationship between paragraph (h)(6) and paragraph (d) of the same category. As described above, the Department has revised paragraph (d) to provide more specific performance criteria, and further notes that the ``airborne launching systems'' referenced in paragraph (h)(6) pertain only to unmanned aerial vehicles. A commenting party recommended addition of a Note to paragraph (h)(6) to explain the meaning of ``external stores support systems for ordnance or weapons.'' In drafting control text the Department intends to avoid the overuse of clarifying notes to the extent possible, and did not believe that the recommended Note added sufficient clarity to merit its addition. One commenting party requested the addition of technical parameters to allow for the removal of ``specially designed'' language from paragraph (h)(7). The Department did not accept this comment but added a clarifying revision to the text of the paragraph, in order to better identify the intended scope of control, and added a control for parts and components of the systems described in this paragraph. Similarly, the Department did not accept a recommendation to add a Note to paragraph (a)(10) to indicate that the paragraph does not control radar or radio altimeter equipment conforming to Federal Aviation Administration Technical Standard Order C87. The Department made a minor clarifying revision to the paragraph, but the balance of comments received did not indicate a degree of confusion that would require the addition of the recommended Note. Two commenting parties recommended deletion of paragraph (h)(13), arguing that it does not control a uniquely military capability. The Department accepted these recommendations, deleted the control text of paragraph (h)(13), and placed the paragraph into reserve. One commenter recommended the removal of text in paragraph (h)(15) relating to ``specially designed parts, components, accessories, and attachments therefor'' and moving certain connectors, cables, and cable assemblies to ECCN 9A610. The commenter argued that the only differences between the EAR and apparent ITAR variants of the subject cables are the number of connectors on the cable and the wire length between connectors. The Department did not accept this recommendation because the cables as described would not be captured by the definition of specially designed in ITAR Sec. 120.41. The Department did not accept a similar recommended refinement of the same text to control only those specially designed parts, components, and accessories for the optical sights or slewing device of the integrated helmet. The relevant control extends to those parts, components, or accessories that meet the definition of specially designed with respect to the components described in the paragraph. A commenting party requested clarification with respect to the words ``and computers'' in paragraph (h)(16). The Department accepted this recommendation and made a minor revision to clarify that the words ``aircraft-weapon interface units and computers'' should be read together as one concept. One commenting party remarked that paragraphs (h)(17), (h)(19), and (h)(23) described general purpose items and thus should be deleted. As noted above, paragraph (h)(23) is placed into reserve in this rule. With respect to paragraphs (h)(17) and (h)(19), the Department did not accept these recommendations because the commenter did not provide sufficient justification or explanation for these assertions. A commenter asked whether paragraph (h)(20) controlled all relevant classified parts, components, accessories, attachments, equipment, or systems, or if the paragraph only controlled those classified items not enumerated elsewhere in the subject category. This paragraph functions as a catch-all for classified defense articles not described elsewhere in the USML. Articles described elsewhere on the USML that are classified are controlled as specifically enumerated elsewhere in the subchapter, if applicable, or by USML Category XVII. One commenter recommended minor revisions to paragraph (h)(20) to match the analogous entries in USML Categories IV, V, IX, X, XI, and XV. The Department accepted this comment. Four commenting parties requested clarification of the terms ``thermal engine'' and ``thermal batteries'' as they appear in paragraphs (h)(24) and (h)(25), respectively. The Department notes that those paragraphs are deleted in this proposed rule. A commenting party observed that paragraph VIII(k) is reserved, but in Sec. 121.16 of this subchapter, Item 10--Category II of the Missile Technology Control Regime (MTCR) Annex references the paragraph. The MTCR Annex is beyond the scope of this review effort but the Department acknowledges the observation of an error. Once all revised USML categories are published as final rules, ITAR Sec. 121.16 will be placed in reserve, and the parenthetical ``(MT)'' will be used at the end of each USML section containing such articles. One commenter suggested that the reference to ECCN 9A610 in the Note to Category VIII is not helpful, because most EAR-controlled aircraft that [[Page 6801]] incorporate a defense article are classified under ECCN 9A991.b. The Department did not accept the recommendation because it is not prepared to extend a per se exclusion from ITAR coverage to relevant aircraft controlled under the latter ECCN. Moreover, the Department believes that a very small number of USML articles are typically incorporated into ECCN 9A991.b aircraft. Any examples to the contrary should be identified in a public comment. A commenting party suggested that it is logically inconsistent to subject to ITAR control any spare or replacement parts for aircraft covered by the Note to Category VIII, where the spare or replacement parts are controlled by any of the USML paragraphs referenced in that Note. The Department does not agree with this comment because it continues to value the control of exports of unincorporated parts and components that would independently merit ITAR control under normal circumstances. Revision of Category XIX This proposed rule revises USML Category XIX, covering gas turbine engines and associated equipment, to describe more precisely the articles warranting control on the USML. Paragraph (a) is modified to clarify the scope of controlled engines and to incorporate technical corrections. Paragraph (b) is revised to provide additional technical parameters to clarify the scope of controlled engines. With respect to paragraph (b)(1), public comment is requested on whether any commercial models exceed the capability described in this paragraph. In any public comment submitted in reply to this request, please provide specific examples of the commercial models at issue. Paragraph (c) is modified to incorporate conforming changes and to make clear that the paragraph applies only to gas turbine engines, while paragraph (d) is modified to update the list of subject engines. The Note to paragraph (e) is modified to incorporate a conforming change. Several changes are proposed within paragraph (f). Paragraph (f)(1) is modified to incorporate technical corrections and to update the list of subject engines. Paragraph (f)(2) introduces additional text to clarify the scope of controlled hot section components. New controls are proposed for paragraphs (f)(7) through (f)(16). A commenting party observed that Category XIX does not currently capture developmental engines that do not meet the performance criteria of paragraphs (a) through (e), and that paragraph (g) only covers technical data directly related to defense articles. A second commenter recommended the addition of a paragraph to specifically control developmental gas turbine engines, in a manner similar to development- related paragraphs in other USML categories. The Department has revised paragraphs (a) through (c) to specifically control developmental engines that meet the technical criteria specified in those paragraphs that merit ITAR control. Two commenting parties recommended the addition of a Note to Category XIX that would allow the Department of Commerce to license the export of certain ITAR-controlled gas turbine engines when incorporated in a military aircraft subject to the EAR and classified under a ``600 series'' ECCN. The Department accepted this recommendation. If examples exist of non-600 series production aircraft that are subject to the EAR and incorporate, in the ordinary course of civil applications, engines subject to the ITAR, please identify them in a public comment. A commenting party recommended the deletion of ``specially designed'' in various instances throughout the category. The Department has not received information indicating that the employment of the term has frustrated the application of the controls in this category, but will closely review any relevant comments received in reply to this proposed rule. One commenting party stated that the control text of paragraph (b), in concert with Category VIII(h)(2), frustrated commercial tilt rotor aircraft development. The Department has revised both categories to more specifically describe the parameters or characteristics that merit ITAR control. One commenter requested the removal of the T700 engine from control under paragraph (d). The Department did not accept this recommendation but has revised the list of engines subject to ITAR control under this paragraph. Several commenters offered recommendations to revise paragraph (f)(1), arguing that the control is overly broad or offering specific examples of technologies that are controlled by the paragraph but may be more appropriately controlled by the EAR. The Department did not accept any recommendation to remove the catch-all structure of the paragraph because such a revision would be inconsistent with the national security, foreign policy, and regulatory draft objectives of the paragraph to control as defense articles all parts and components specially designed for gas turbine engines of greatest concern and as identified in paragraph (f)(1). However, the Department modernized the list of gas turbine engines, and removed the reference to equipment. Several new paragraphs are added to capture the limited range of equipment relevant to a defense article described in paragraph (f)(1) and meriting ITAR control. Additionally, the Department notes that not all products designed for a referenced gas turbine engine are ``specially designed'' for that engine. Please refer to ITAR Sec. 120.41 for more information. A commenting party remarked that paragraph (f)(2) does not control augmenter parts and components. The Department confirms this observation and notes that parts and components specially designed for hot section components not controlled by paragraph (f)(2) are controlled by ECCN 9A619.x. A commenter asked whether paragraph (f)(6) controlled all relevant classified parts, components, accessories, attachments, equipment, or systems, or if the paragraph only controlled those classified items not enumerated elsewhere in the subject category. The Department observes that the paragraph functions as a catch-all for classified defense articles not described elsewhere in the USML. Articles described elsewhere on the USML that are classified are controlled as specifically enumerated elsewhere in the subchapter, if applicable, or by USML Category XVII. Regulatory Analysis and Notices Administrative Procedure Act The Department of State 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. Although the Department is of the opinion that this rule is exempt from the rulemaking provisions of the APA, the Department is publishing this rule with a 45-day provision for public comment and without prejudice to its determination that controlling the import and export of defense services is a foreign affairs function. As noted above, and also without prejudice to the Department position that this rulemaking is not subject to the APA, the Department previously published a related Notice of Inquiry on March 2, 2015 (80 FR 11314), and accepted comments for 60 days. [[Page 6802]] 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 For purposes of the Small Business Regulatory Enforcement Fairness Act of 1996 (the ``Act''), a ``major'' rule is a rule that the Administrator of the OMB Office of Information and Regulatory Affairs finds has resulted or is likely to result in (1) an annual effect on the economy of $100,000,000 or more; (2) a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions; or (3) significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and foreign markets. The Department does not believe this rulemaking will have an annual effect on the economy of $100,000,000 or more. Articles that are being removed from coverage in the U.S. Munitions List categories contained in this rule will still require licensing for export, but from the Department of Commerce. While the licensing regime of the Department of Commerce is more flexible than that of the Department of State, it is not expected that the change in jurisdiction of these articles will result in an export difference of $100,000,000 or more. The Department also does not believe that this rulemaking will result in a major increase in costs or prices for consumers, individual industries, federal, state, or local government agencies, or geographic regions, or have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign-based enterprises in domestic and foreign markets. Executive Orders 12372 and 13132 This rulemaking will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that 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 Executive Orders 12866 and 13563 direct agencies to assess costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). These executive orders stress the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rulemaking has been designated a ``significant regulatory action,'' although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, this rule has been reviewed by the Office of Management and Budget (OMB). 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 rule does not impose any new reporting or recordkeeping requirements subject to the Paperwork Reduction Act, 44 U.S.C. Chapter 35; however, the Department of State seeks public comment on any unforeseen potential for increased burden. List of Subjects in 22 CFR 121 Arms and munitions, Classified information, Exports. PART 121--THE UNITED STATES MUNITIONS LIST 0 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. 0 2. Section 121.1 is amended by revising U.S. Munitions List Categories VIII and XIX, to read as follows: Sec. 121.1 The United States Munitions List. * * * * * Category VIII--Aircraft and Related Articles (a) Aircraft, whether manned, unmanned, remotely piloted, or optionally piloted, as follows (MT if the aircraft, excluding manned aircraft, has a range equal to or greater than 300 km): *(1) Bombers; *(2) Fighters, fighter bombers, and fixed-wing attack aircraft; *(3) Turbofan- or turbojet-powered trainers used to train pilots for fighter, attack, or bomber aircraft; *(4) Attack helicopters; *(5) Unmanned aerial vehicles (UAVs) incorporating or specially designed to incorporate a defense article; *(6) [Reserved] *(7) Intelligence, surveillance, and reconnaissance aircraft incorporating or specially designed to incorporate a defense article; *(8) Electronic warfare aircraft, or airborne warning and control aircraft; or command, control, and communications aircraft incorporating or specially designed to incorporate a defense article; (9) Air refueling aircraft; (10) Target drones; (11) [Reserved] (12) Aircraft capable of being refueled in-flight including hover- in-flight refueling (HIFR); (13) [Reserved] (14) Aircraft with a roll-on/roll-off ramp, capable of airlifting payloads over 35,000 lbs. to ranges over 2,000 nm without being refueled in-flight, and landing onto short or unimproved airfields, other than L-100 aircraft manufactured prior to 2013; *(15) Aircraft not enumerated in paragraphs (a)(1) through (a)(14) as follows: [[Page 6803]] (i) U.S.-origin aircraft that bear an original military designation of A, B, E, F, K, M, P, R, or S; or (ii) Foreign-origin aircraft specially designed to provide functions equivalent to those of the aircraft listed in paragraph (a)(15)(i) of this category; or (16) Aircraft that are armed or are specially designed to be used as a platform to deliver munitions or otherwise destroy targets (e.g., firing lasers, launching rockets, firing missiles, dropping bombs, or strafing); Note 1 to paragraph (a): Aircraft specially designed for military applications that are not identified in paragraph (a) of this section are subject to the EAR and classified as ECCN 9A610, including any model of unarmed military aircraft manufactured prior to 1956, regardless of origin or designation, and unmodified since manufacture. Aircraft with modifications made to incorporate safety of flight features or other FAA or NTSB modifications such as transponders and air data recorders are considered ``unmodified'' for the purposes of this paragraph. Note 2 to paragraph (a): ``Range'' is the maximum distance that the specified aircraft system is capable of traveling in the mode of stable flight as measured by the projection of its trajectory over the surface of the Earth. The maximum capability based on the design characteristics of the system, when fully loaded with fuel or propellant, will be taken into consideration in determining range. The range for aircraft systems will be determined independently of any external factors such as operational restrictions, limitations imposed by telemetry, data links, or other external constraints. For aircraft systems, the range will be determined for a one-way distance using the most fuel-efficient flight profile (e.g., cruise speed and altitude), assuming International Civil Aviation Organization (ICAO) standard atmosphere with zero wind, but with no fuel reserve. (b)-(c) [Reserved] (d) Launching and recovery equipment specially designed to allow an aircraft described in paragraph (a) of this category to take off or land on a vessel described in Category VI paragraphs (a) through (c) (MT if the launching and recovery equipment is for an aircraft, excluding manned aircraft, that has a range equal to or greater than 300 km). Note to paragraph (d): For the definition of ``range,'' see note to paragraph (a) of this category. *(e) Inertial navigation systems (INS), aided or hybrid inertial navigation systems, Inertial Measurement Units (IMUs), and Attitude and Heading Reference Systems (AHRS) specially designed for aircraft controlled in this category or controlled in ECCN 9A610 and all specially designed components, parts, and accessories therefor (MT if the INS, IMU, or AHRS is for an aircraft, excluding manned aircraft, or missile that has a ``range'' equal to or greater than 300 km). For other inertial reference systems and related components refer to USML Category XII(d). (f) Developmental aircraft funded by the Department of Defense via contract or other funding authorization, and specially designed parts, components, accessories, and attachments therefor. Note 1 to paragraph (f): This paragraph does not control aircraft and specially designed parts, components, accessories, and attachments therefor (a) in production; (b) determined to be subject to the EAR via a commodity jurisdiction determination (see Sec. 120.4 of this subchapter), or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. Note 2 to paragraph (f): Note 1 does not apply to defense articles enumerated on the U.S. Munitions List, whether in production or development. Note 3 to paragraph (f): This paragraph is applicable only to those contracts, other funding authorizations, or modifications initiating development of a new defense article that are dated April 16, 2014, or later. (g) [Reserved] (h) Parts, components, accessories, attachments, associated equipment and systems, as follows: (1) Parts, components, accessories, and attachments specially designed for the following U.S.-origin aircraft: the B-1B, B-2, F-15SE, F/A-18 E/F, EA-18G, F-22, F-35, and future variants thereof; or the F- 117 or U.S. Government technology demonstrators. Parts, components, accessories, and attachments of the F-15SE and F/A-18 E/F that are common to earlier models of these aircraft, unless listed in paragraph (h) of this category, are subject to the EAR; Note to paragraph (h)(1): This paragraph does not control parts, components, accessories, and attachments that are common to aircraft described in paragraph (a) of this category but not identified in paragraph (h)(1), and those identified in paragraph (h)(1). For example, when applying Sec. 120.41(b)(3), a part common to only the F- 16 and F--35 is not specially designed for purposes of this paragraph. A part common to only the F-22 and F-35--two aircraft models identified in paragraph (h)(1)--is specially designed for purposes of this paragraph, unless one of the other paragraphs is applicable under Sec. 120.41(b). (2) Rotorcraft gearboxes with internal pitch line velocities exceeding 20,000 feet per minute and able to operate 30 minutes with loss of lubrication without an emergency or auxiliary lubrication system, and specially designed parts and components therefor; Note to paragraph (h)(2): Loss of lubrication means a situation where oil/lubrication is mostly or completely lost from a transmission/ gearbox such that only a residual coating remains due to the lubrication system failure. (3) Tail boom folding systems, stabilator folding systems or automatic rotor blade folding systems, and specially designed parts and components therefor; (4) Wing folding systems, and specially designed parts and components therefor, for: (i) Aircraft powered by power plants controlled under USML Category IV(d); or (ii) Aircraft with any of the following characteristics and powered by gas turbine engines: (A) The portion of the wing outboard of the wing fold is required for sustained flight; (B) Fuel can be stored outboard of the wing fold; (C) Control surfaces are outboard of the wing fold; (D) Hard points are outboard of the wing fold; (E) Hard points inboard of the wing fold are capable of in-flight ejection; or (F) The aircraft is designed to withstand maximum vertical maneuvering accelerations greater than +3.5g/-1.5g. (5) On-aircraft arresting gear (e.g., tail hooks and drag chutes) and specially designed parts and components therefor; (6) Bomb racks, missile launchers, missile rails, weapon pylons, pylon-to-launcher adapters, unmanned aerial vehicle (UAV) airborne launching systems, external stores support systems for ordnance or weapons, and specially designed parts and components therefor (MT if the bomb rack, missile launcher, missile rail, weapon pylon, pylon-to- launcher adapter, UAV airborne launching system, or external stores support system is for an aircraft, excluding manned aircraft, or missile that has a ``range'' equal to or greater than 300 km); (7) Damage or failure-adaptive flight control systems, that do not consist [[Page 6804]] solely of redundant internal circuitry, specially designed for aircraft controlled in this category, and specially designed parts and components therefor; (8) Threat-adaptive autonomous flight control systems, where a ``threat-adaptive autonomous flight control system'' is a flight control system that, without input from the operator or pilot, adjusts the aircraft control or flight path to minimize risk caused by hostile threats; (9) Non-surface-based flight control systems and effectors (e.g., thrust vectoring from gas ports other than main engine thrust vector); (10) Radar altimeters with output power management LPI (low probability of intercept) or signal modulation (i.e., frequency hopping, chirping, direct sequence-spectrum spreading) LPI capabilities (MT if for an aircraft, excluding manned aircraft, or missile that has a ``range'' equal to or greater than 300 km); (11) Air-to-air refueling systems and hover-in-flight refueling (HIFR) systems, and specially designed parts and components therefor; (12) Unmanned aerial vehicle (UAV) flight control systems and vehicle management systems with swarming capability (i.e., UAVs interact with each other to avoid collisions and stay together, or, if weaponized, coordinate targeting) (MT if for an aircraft, excluding manned aircraft, or missile that has a ``range'' equal to or greater than 300 km); (13) [Reserved] (14) Lift fans, clutches, and roll posts for short take-off, vertical landing (STOVL) aircraft and specially designed parts and components for such lift fans and roll posts; (15) Integrated helmets incorporating optical sights or slewing devices, which include the ability to aim, launch, track, or manage munitions (e.g., Helmet Mounted Cueing Systems, Joint Helmet Mounted Cueing Systems (JHMCS), Helmet Mounted Displays, Display and Sight Helmets (DASH)), and specially designed parts, components, accessories, and attachments therefor; (16) Fire control computers, stores management systems, armaments control processors, and aircraft-weapon interface units and computers (e.g., AGM-88 HARM Aircraft Launcher Interface Computer (ALIC)); (17) Mission computers, vehicle management computers, and integrated core processers specially designed for aircraft controlled in this category; (18) Drive systems and flight control systems specially designed to function after impact of a 7.62mm or larger projectile, and specially designed parts and components therefor; (19) Thrust reversers specially designed to be deployed in flight for aircraft controlled in this category; *(20) Any part, component, accessory, attachment, equipment, or system that: (i) Is classified; (ii) Contains classified software directly related to defense articles in this subchapter or 600 series items subject to the EAR; or (iii) Is being developed using classified information. Note to paragraph (h)(20): Classified means classified pursuant to Executive Order 13526, or predecessor order, and a security classification guide developed pursuant thereto or equivalent, or to the corresponding classification rules of another government or international organization; (21)-(26) [Reserved] (27) Variable speed gearboxes capable of varying output speed by 50% or greater and providing power to rotors, proprotors, propellers, propfans, or liftfans; and specially designed parts and components therefor; (28) Electrical power or thermal management systems integrated with an engine controlled in Category XIX having any of the following: (i) Electrical power generators that provide greater than 300kW of electrical power (per generator) with gravimetric power densities exceeding 2kW/pound; (ii) Heat exchangers that exchange 200 kW of heat or greater into the gas turbine engine flow path; (iii) Logic controls that maintain gas turbine engine operability during pneumatic and shaft power extraction of 2kW/pound; or (iv) Direct-cooling thermal electronic package heat exchangers that transfers 20kW of heat or greater at 100W/cm\2\ or greater; (29) Flight control algorithms or software that aid in landing a fixed-wing aircraft on any vessel controlled in Category VI(a)-(c); or (30) The following, if specially designed for a defense article described in paragraph (h)(1): (i) Wind tunnel and other scale test models; (ii) Full scale iron bird ground rigs used to test major aircraft systems; (iii) Autonomic logistics information system (ALIS); or (iv) Jigs, locating fixtures, templates, gauges, molds, dies, and caul plates, for production of airframe parts and components. Note to paragraph (h)(30)(iv): ``Airframe'' means an assembled structure influencing strength, integrity or shape and also includes transparencies, flush antennas, radomes, fairings, doors, internal ducts, pylons for external stores but does not include landing gear or other readily removable items. (i) Technical data (see Sec. 120.10 of this subchapter) and defense services (see Sec. 120.9 of this subchapter) directly related to the defense articles described in paragraphs (a) through (h) of this category and classified technical data directly related to items controlled in ECCNs 9A610, 9B610, 9C610, and 9D610 and defense services using classified technical data. (See Sec. 125.4 of this subchapter for exemptions.) (MT for technical data and defense services related to articles designated as such.) (j)-(w) [Reserved] (x) Commodities, software, and technical data subject to the EAR (see Sec. 120.42 of this subchapter) used in or with defense articles controlled in this category. Note to paragraph (x): Use of this paragraph is limited to license applications for defense articles controlled in this category where the purchase documentation includes commodities, software, or technical data subject to the EAR (see Sec. 123.1(b) of this subchapter). Note: Inertial navigation systems, aided or hybrid inertial navigation systems, Inertial Measurement Units, and Attitude and Heading Reference Systems in paragraph (e), and parts, components, accessories, and attachments in paragraphs (h)(3)-(5), (7), (14), (17), or (19) are licensed by the Department of Commerce when incorporated in an aircraft subject to the EAR and classified under ECCN 9A610. Replacement systems, parts, components, accessories and attachments are subject to the controls of the ITAR. * * * * * Category XIX--Gas Turbine Engines and Associated Equipment *(a) Turbofan and Turbojet engines (including those that are technology demonstrators, developmental engines, or variable cycle engines) capable of 15,000 lbf (66.7 kN) of thrust or greater that have any of the following: (1) With or specially designed for thrust augmentation (afterburner); (2) Thrust or exhaust nozzle vectoring; (3) Parts or components controlled in paragraph (f)(6) of this category; (4) Specially designed for sustained 30 second inverted flight or negative g maneuver; or (5) Specially designed for high power extraction (greater than 50 percent of [[Page 6805]] engine thrust at altitude) at altitudes greater than 50,000 feet. *(b) Turboshaft and Turboprop engines (including those that are technology demonstrators or developmental engines) that have any of the following: (1) Capable of 1500 mechanical shp (1119 kW) or greater and specially designed with oil sump sealing when the engine is in the vertical position; or (2) Capable of 225 specific power or greater and specially designed for armament gas ingestion and transient maneuvers, where specific power is defined as maximum takeoff shaft horsepower divided by compressor inlet flow (lbm/sec). *(c) Gas turbine engines (including technology demonstrators, developmental engines, and variable cycle engines) specially designed for unmanned aerial vehicle systems controlled in this category, cruise missiles, or target drones (MT if for an engine used in an aircraft, excluding manned aircraft, or missile that has a ``range'' equal to or greater than 300 km). *(d) GE38, AGT1500, CTS800, MT7, T55, TF60, HPW3000, GE3000, T408, and T700 engines. Note to paragraph (d): Engines subject to the control of this paragraph are licensed by the Department of Commerce when incorporated in an aircraft subject to the EAR and controlled under ECCN 9A610. Such engines are subject to the controls of the ITAR in all other circumstances. *(e) Digital engine control systems (e.g., Full Authority Digital Engine Controls (FADEC) and Digital Electronic Engine Controls (DEEC)) specially designed for gas turbine engines controlled in this category (MT if the digital engine control system is for an aircraft, excluding manned aircraft, or missile that has a range equal to or greater than 300 km). Note to paragraph (e): Digital electronic control systems autonomously control the engine throughout its whole operating range from demanded engine start until demanded engine shut-down, in both normal and fault conditions. (f) Parts, components, accessories, attachments, associated equipment, and systems as follows: (1) Parts, components, accessories, and attachments specially designed for the following U.S.-origin engines (and military variants thereof): F101, F107, F112, F118, F119, F120, F135, F136, F414, F415, and J402; Note to paragraph (f)(1): This paragraph does not control parts, components, accessories, and attachments that are common to engines enumerated in paragraph (a) through (d) of this category but not identified in paragraph (f)(1), and those identified in paragraph (f)(1). For example, a part common to only the F110 and F136 is not specially designed for purposes of this paragraph. A part common to only the F119 and F135--two engine models identified in paragraph (f)(1)--is specially designed for purposes of this paragraph, unless one of the other paragraphs is applicable under Sec. 120.41(b). *(2) Hot section components (i.e., combustion chambers and liners; high pressure turbine blades, vanes, disks and related cooled structure; actively cooled low pressure turbine blades, vanes, disks and related actively cooled structures; actively cooled power turbine blades, vanes, disks and related actively cooled structures; actively cooled intermediate turbine blades, vanes, disks and related actively cooled structures; actively cooled augmenters; and actively cooled nozzles) specially designed for gas turbine engines controlled in this category; (3) Uncooled turbine blades, vanes, disks, and tip shrouds specially designed for gas turbine engines controlled in this category; (4) Combustor cowls, diffusers, domes, and shells specially designed for gas turbine engines controlled in this category; (5) Engine monitoring systems (i.e., prognostics, diagnostics, and health) specially designed for gas turbine engines and components controlled in this category; *(6) Any part, component, accessory, attachment, equipment, or system that: (i) Is classified; (ii) Contains classified software directly related to defense articles in this subchapter or 600 series items subject to the EAR; or (iii) Is being developed using classified information. Note to paragraph (f)(6): ``Classified'' means classified pursuant to Executive Order 13526, or predecessor order, and a security classification guide developed pursuant thereto or equivalent, or to the corresponding classification rules of another government or international organization; (7) Test cells or test stands specially designed for technology demonstrator engines, developmental engines, or variable cycle engines controlled in this category; (8) Investment casting cores, core dies, or wax pattern dies for parts or components enumerated in paragraphs (f)(1), (f)(2), or (f)(3) of this category; (9) Pressure gain combustors specially designed for engines controlled in this category, and specially designed parts and components therefor; (10) Three-stream fan systems that allow the movement of airflow between the streams to control fan pressure ratio or bypass ratio (by means other than use of fan corrected speed or the primary nozzle area to change the fan pressure ratio or bypass ratio), and specially designed parts, components, accessories, and attachments therefor; (11) High pressure compressors with core-driven bypass streams that have a pressure ratio greater than one, occurring across any section of the bypass duct, and specially designed parts, components, accessories, and attachments therefor; (12) Intermediate compressors of a three-spool compression system with an intermediate spool-driven bypass stream that has a pressure ratio greater than one, occurring across any section of the bypass duct, and specially designed parts, components, accessories, and attachments therefor; (13) Powders specially designed for thermal or environmental barrier coating of defense articles enumerated in paragraphs (f)(1)- (f)(4) of this category; (14) Superalloys (i.e., nickel, cobalt or iron based), used in directionally solidified or single crystal casting, specially designed for defense articles enumerated in paragraphs (f)(1)-(f)(4) of this category; (15) Imide matrix, metal matrix, or ceramic matrix composite material (i.e., reinforcing fiber combined with a matrix) specially designed for defense articles enumerated in paragraphs (f)(1)-(f)(4) of this category; or (16) The following, if specially designed for a defense article in paragraph (f)(1): (i) Jigs, locating fixtures, templates, gauges, molds, dies, or caul plates, for production of engine parts and components; or (ii) Test cells or test stands. (g) Technical data (see Sec. 120.10 of this subchapter) and defense services (see Sec. 120.9 of this subchapter) directly related to the defense articles described in paragraphs (a) through (f) of this category and classified technical data directly related to items controlled in ECCNs 9A619, 9B619, 9C619, and 9D619 and defense services using the classified technical data. (See Sec. 125.4 of this subchapter for exemptions.) (MT for technical data and defense services related to articles designated as such.) (h)-(w) [Reserved] (x) Commodities, software, and technical data subject to the EAR (see Sec. 120.42 of this subchapter) used in or [[Page 6806]] with defense articles controlled in this category. Note to paragraph (x): Use of this paragraph is limited to license applications for defense articles controlled in this category where the purchase documentation includes commodities, software, or technical data subject to the EAR (see Sec. 123.1(b) of this subchapter). * * * * * Rose E. Gottemoeller, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2016-02587 Filed 2-8-16; 8:45 am] BILLING CODE 4710-25-P
![Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 6797
List of Items Controlled Department of State proposes to amend of the ITAR are subject to the
* * * * * the International Traffic in Arms jurisdiction of the Export
Items: Regulations (ITAR) to revise Categories Administration Regulations (‘‘EAR,’’ 15
a. Materials not elsewhere specified in VIII (aircraft and related articles) and CFR parts 730–774, which includes the
the CCL or on the USML and ‘‘specially XIX (gas turbine engines and associated Commerce Control List (CCL) in
designed’’ for commodities enumerated equipment) of the U.S. Munitions List Supplement No. 1 to Part 774),
or otherwise described in USML (USML) to describe more precisely the administered by the Bureau of Industry
Category XIX or ECCN 9A619 (except articles warranting control on the and Security (BIS), U.S. Department of
9A619.y). USML. The revisions contained in this Commerce. Both the ITAR and the EAR
rule are part of the Department of State’s impose license requirements on exports
Note 1: Materials enumerated elsewhere in retrospective plan under E.O. 13563. and reexports. Items not subject to the
the CCL, such as in a CCL Category 1 ECCN,
are controlled pursuant to the controls of the DATES: The Department of State will ITAR or to the exclusive licensing
applicable ECCN. accept comments on this proposed rule jurisdiction of any other set of
until March 25, 2016. regulations are subject to the EAR.
Note 2: Materials ‘‘specially designed’’ for ADDRESSES: Interested parties may
both an engine enumerated in USML USML List Review
submit comments within 45 days of the
Category XIX and an engine enumerated in On March 2, 2015, the Department
ECCN 9A619 are subject to the controls of
date of publication by one of the
following methods: published a Notice of Inquiry requesting
this ECCN 9C619.
• Email: public comment on USML Categories
b. [Reserved] DDTCPublicComments@state.gov with VIII and XIX (see 80 FR 11314). This
■ 13. In ECCN 9E619, revise the the subject line, ‘‘ITAR Amendment— Notice of Inquiry initiated a review of
‘‘Related Controls’’ paragraph in the Categories VIII and XIX.’’ these categories to ensure that they are
‘‘List of Items Controlled’’ section to • Internet: At www.regulations.gov, clear, do not inadvertently control items
read as follows: search for this notice by using this rule’s in normal commercial use, account for
9E619 ‘‘Technology’’ ‘‘required’’ for RIN (1400–AD89). technological developments, and
Comments received after that date properly implement the national
the ‘‘development,’’ ‘‘production,’’
operation, installation, will be considered if feasible, but security and foreign policy objectives of
maintenance, repair, overhaul, or consideration cannot be assured. Those the reform effort. The Department will
refurbishing of military gas turbine submitting comments should not similarly review each of the various
engines and related commodities include any personally identifying USML categories that have been revised
controlled by 9A619, equipment information they do not wish to be in the context of the ECR initiative.
controlled by 9B619, materials made public or information for which a In response to this Notice of Inquiry,
controlled by 9C619, or software claim of confidentiality is asserted, the Department received 25 comments
controlled by 9D619 (see List of because those comments and/or from the public. These comments
Items Controlled) transmittal emails will be made offered proposals for modifications to
available for public inspection and the phrasing of regulatory text in USML
* * * * * copying after the close of the comment Category VIII and Category XIX. The
List of Items Controlled period via the Directorate of Defense public comments were reviewed and
Related Controls: Technical data Trade Controls Web site at considered by the Department and other
directly related to articles enumerated www.pmddtc.state.gov. Parties who agencies. Where the recommended
or otherwise described in USML wish to comment anonymously may do changes added to the clarity of the
Category XIX are subject to the control so by submitting their comments via regulation and were consistent with
of USML Category XIX(g). www.regulations.gov, leaving the fields ECR objectives, the Department
that would identify the commenter accepted them.
* * * * * blank and including no identifying All references to the USML in this
Dated: January 29, 2016. information in the comment itself. rule are to the list of defense articles
Kevin J. Wolf, Comments submitted via that are controlled for the purpose of
Assistant Secretary for Export www.regulations.gov are immediately export or temporary import pursuant to
Administration. available for public inspection. the ITAR, and not to the defense articles
[FR Doc. 2016–02591 Filed 2–8–16; 8:45 am] FOR FURTHER INFORMATION CONTACT: Mr. on the USML that are controlled by the
BILLING CODE 3510–33–P
C. Edward Peartree, Director, Office of Bureau of Alcohol, Tobacco, Firearms
Defense Trade Controls Policy, and Explosives (ATF) for the purpose of
Department of State, telephone (202) permanent import under its regulations
DEPARTMENT OF STATE 663–2792; email (see 27 CFR part 447). Pursuant to
DDTCPublicComments@state.gov. § 38(a)(1) of the Arms Export Control
22 CFR Part 121 ATTN: ITAR Amendment—USML Act (AECA), all defense articles
Categories VIII and XIX. controlled for export or import are part
[Public Notice: 9395]
SUPPLEMENTARY INFORMATION: The of the USML under the AECA. For the
RIN 1400–AD89 Directorate of Defense Trade Controls sake of clarity, the list of defense articles
(DDTC), U.S. Department of State, controlled by ATF for the purpose of
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Amendment to the International Traffic administers the International Traffic in permanent import is the United States
in Arms Regulations: U.S. Munitions Arms Regulations (ITAR) (22 CFR parts Munitions Import List (USMIL). The
List Categories VIII and XIX 120–130). The items subject to the transfer of defense articles from the
AGENCY: Department of State. jurisdiction of the ITAR, i.e., ‘‘defense ITAR’s USML to the EAR’s CCL for the
ACTION: Proposed rule. articles,’’ are identified on the ITAR’s purpose of export control does not affect
U.S. Munitions List (USML) (22 CFR the list of defense articles controlled on
SUMMARY: As part of the President’s 121.1). With few exceptions, items not the USMIL under the AECA for the
Export Control Reform (ECR) effort, the subject to the export control jurisdiction purpose of permanent import.
VerDate Sep<11>2014 17:10 Feb 08, 2016 Jkt 238001 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM 09FEP1](https://thefederalregister.org/doc/81_FR_6823/page/1.svg)
![6802 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules
Regulatory Flexibility Act Executive Orders 12372 and 13132 comment on any unforeseen potential
Since the Department is of the This rulemaking will not have for increased burden.
opinion that this rule is exempt from the substantial direct effects on the States, List of Subjects in 22 CFR 121
provisions of 5 U.S.C. 553, there is no on the relationship between the national Arms and munitions, Classified
requirement for an analysis under the government and the States, or on the information, Exports.
Regulatory Flexibility Act. distribution of power and
Unfunded Mandates Reform Act of 1995 responsibilities among the various PART 121—THE UNITED STATES
levels of government. Therefore, in MUNITIONS LIST
This rulemaking does not involve a accordance with Executive Order 13132,
mandate that will result in the it is determined that this rulemaking ■ 1. The authority citation for part 121
expenditure by State, local, and tribal does not have sufficient federalism continues to read as follows:
governments, in the aggregate, or by the implications to require consultations or
private sector, of $100 million or more Authority: Secs. 2, 38, and 71, Pub. L. 90–
warrant the preparation of a federalism 629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
in any year and it will not significantly summary impact statement. The 2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112
or uniquely affect small governments. regulations implementing Executive Stat. 1920; Section 1261, Pub. L. 112–239;
Therefore, no actions were deemed Order 12372 regarding E.O. 13637, 78 FR 16129.
necessary under the provisions of the intergovernmental consultation on
Unfunded Mandates Reform Act of ■ 2. Section 121.1 is amended by
Federal programs and activities do not revising U.S. Munitions List Categories
1995.
apply to this rulemaking. VIII and XIX, to read as follows:
Small Business Regulatory Enforcement
Executive Orders 12866 and 13563 § 121.1 The United States Munitions List.
Fairness Act of 1996
For purposes of the Small Business Executive Orders 12866 and 13563 * * * * *
Regulatory Enforcement Fairness Act of direct agencies to assess costs and
Category VIII—Aircraft and Related
1996 (the ‘‘Act’’), a ‘‘major’’ rule is a benefits of available regulatory
Articles
rule that the Administrator of the OMB alternatives and, if regulation is
necessary, to select regulatory (a) Aircraft, whether manned,
Office of Information and Regulatory
approaches that maximize net benefits unmanned, remotely piloted, or
Affairs finds has resulted or is likely to
(including potential economic, optionally piloted, as follows (MT if the
result in (1) an annual effect on the
environmental, public health and safety aircraft, excluding manned aircraft, has
economy of $100,000,000 or more; (2) a
effects, distributed impacts, and equity). a range equal to or greater than 300 km):
major increase in costs or prices for
These executive orders stress the *(1) Bombers;
consumers, individual industries, *(2) Fighters, fighter bombers, and
federal, state, or local government importance of quantifying both costs
and benefits, of reducing costs, of fixed-wing attack aircraft;
agencies, or geographic regions; or (3) *(3) Turbofan- or turbojet-powered
significant adverse effects on harmonizing rules, and of promoting
flexibility. This rulemaking has been trainers used to train pilots for fighter,
competition, employment, investment, attack, or bomber aircraft;
productivity, innovation, or on the designated a ‘‘significant regulatory
action,’’ although not economically *(4) Attack helicopters;
ability of United States-based *(5) Unmanned aerial vehicles
enterprises to compete with foreign- significant, under section 3(f) of
(UAVs) incorporating or specially
based enterprises in domestic and Executive Order 12866. Accordingly,
designed to incorporate a defense
foreign markets. this rule has been reviewed by the
article;
The Department does not believe this Office of Management and Budget *(6) [Reserved]
rulemaking will have an annual effect (OMB). *(7) Intelligence, surveillance, and
on the economy of $100,000,000 or Executive Order 12988 reconnaissance aircraft incorporating or
more. Articles that are being removed specially designed to incorporate a
from coverage in the U.S. Munitions List The Department of State has reviewed defense article;
categories contained in this rule will this rulemaking in light of sections 3(a) *(8) Electronic warfare aircraft, or
still require licensing for export, but and 3(b)(2) of Executive Order 12988 to airborne warning and control aircraft; or
from the Department of Commerce. eliminate ambiguity, minimize command, control, and communications
While the licensing regime of the litigation, establish clear legal aircraft incorporating or specially
Department of Commerce is more standards, and reduce burden. designed to incorporate a defense
flexible than that of the Department of Executive Order 13175 article;
State, it is not expected that the change (9) Air refueling aircraft;
in jurisdiction of these articles will The Department of State has (10) Target drones;
result in an export difference of determined that this rulemaking will (11) [Reserved]
$100,000,000 or more. not have tribal implications, will not (12) Aircraft capable of being refueled
The Department also does not believe impose substantial direct compliance in-flight including hover-in-flight
that this rulemaking will result in a costs on Indian tribal governments, and refueling (HIFR);
major increase in costs or prices for will not preempt tribal law. (13) [Reserved]
consumers, individual industries, Accordingly, the requirements of (14) Aircraft with a roll-on/roll-off
federal, state, or local government Executive Order 13175 do not apply to ramp, capable of airlifting payloads over
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agencies, or geographic regions, or have this rulemaking. 35,000 lbs. to ranges over 2,000 nm
significant adverse effects on without being refueled in-flight, and
Paperwork Reduction Act
competition, employment, investment, landing onto short or unimproved
productivity, innovation, or on the This rule does not impose any new airfields, other than L–100 aircraft
ability of United States-based reporting or recordkeeping requirements manufactured prior to 2013;
enterprises to compete with foreign- subject to the Paperwork Reduction Act, *(15) Aircraft not enumerated in
based enterprises in domestic and 44 U.S.C. Chapter 35; however, the paragraphs (a)(1) through (a)(14) as
foreign markets. Department of State seeks public follows:
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(i) U.S.-origin aircraft that bear an systems, Inertial Measurement Units A part common to only the F–22 and F–
original military designation of A, B, E, (IMUs), and Attitude and Heading 35—two aircraft models identified in
F, K, M, P, R, or S; or Reference Systems (AHRS) specially paragraph (h)(1)—is specially designed
(ii) Foreign-origin aircraft specially designed for aircraft controlled in this for purposes of this paragraph, unless
designed to provide functions category or controlled in ECCN 9A610 one of the other paragraphs is applicable
equivalent to those of the aircraft listed and all specially designed components, under § 120.41(b).
in paragraph (a)(15)(i) of this category; parts, and accessories therefor (MT if (2) Rotorcraft gearboxes with internal
or the INS, IMU, or AHRS is for an aircraft, pitch line velocities exceeding 20,000
(16) Aircraft that are armed or are excluding manned aircraft, or missile feet per minute and able to operate 30
specially designed to be used as a that has a ‘‘range’’ equal to or greater minutes with loss of lubrication without
platform to deliver munitions or than 300 km). For other inertial an emergency or auxiliary lubrication
otherwise destroy targets (e.g., firing reference systems and related system, and specially designed parts
lasers, launching rockets, firing missiles, components refer to USML Category and components therefor;
dropping bombs, or strafing); XII(d). Note to paragraph (h)(2): Loss of
Note 1 to paragraph (a): Aircraft (f) Developmental aircraft funded by lubrication means a situation where oil/
specially designed for military the Department of Defense via contract lubrication is mostly or completely lost
applications that are not identified in or other funding authorization, and from a transmission/gearbox such that
paragraph (a) of this section are subject specially designed parts, components, only a residual coating remains due to
to the EAR and classified as ECCN accessories, and attachments therefor. the lubrication system failure.
9A610, including any model of unarmed Note 1 to paragraph (f): This (3) Tail boom folding systems,
military aircraft manufactured prior to paragraph does not control aircraft and stabilator folding systems or automatic
1956, regardless of origin or designation, specially designed parts, components, rotor blade folding systems, and
and unmodified since manufacture. accessories, and attachments therefor (a) specially designed parts and
Aircraft with modifications made to in production; (b) determined to be components therefor;
incorporate safety of flight features or subject to the EAR via a commodity (4) Wing folding systems, and
other FAA or NTSB modifications such jurisdiction determination (see § 120.4 specially designed parts and
as transponders and air data recorders of this subchapter), or (c) identified in components therefor, for:
are considered ‘‘unmodified’’ for the the relevant Department of Defense (i) Aircraft powered by power plants
purposes of this paragraph. contract or other funding authorization controlled under USML Category IV(d);
Note 2 to paragraph (a): ‘‘Range’’ is as being developed for both civil and or
the maximum distance that the military applications. (ii) Aircraft with any of the following
specified aircraft system is capable of Note 2 to paragraph (f): Note 1 does characteristics and powered by gas
traveling in the mode of stable flight as not apply to defense articles enumerated turbine engines:
measured by the projection of its on the U.S. Munitions List, whether in (A) The portion of the wing outboard
trajectory over the surface of the Earth. production or development. of the wing fold is required for
The maximum capability based on the Note 3 to paragraph (f): This sustained flight;
design characteristics of the system, paragraph is applicable only to those (B) Fuel can be stored outboard of the
when fully loaded with fuel or contracts, other funding authorizations, wing fold;
propellant, will be taken into or modifications initiating development (C) Control surfaces are outboard of
consideration in determining range. The of a new defense article that are dated the wing fold;
range for aircraft systems will be April 16, 2014, or later. (D) Hard points are outboard of the
determined independently of any (g) [Reserved] wing fold;
external factors such as operational (h) Parts, components, accessories, (E) Hard points inboard of the wing
restrictions, limitations imposed by attachments, associated equipment and fold are capable of in-flight ejection; or
telemetry, data links, or other external systems, as follows: (F) The aircraft is designed to
constraints. For aircraft systems, the (1) Parts, components, accessories, withstand maximum vertical
range will be determined for a one-way and attachments specially designed for maneuvering accelerations greater than
distance using the most fuel-efficient the following U.S.-origin aircraft: the B– +3.5g/¥1.5g.
flight profile (e.g., cruise speed and 1B, B–2, F–15SE, F/A–18 E/F, EA–18G, (5) On-aircraft arresting gear (e.g., tail
altitude), assuming International Civil F–22, F–35, and future variants thereof; hooks and drag chutes) and specially
Aviation Organization (ICAO) standard or the F–117 or U.S. Government designed parts and components
atmosphere with zero wind, but with no technology demonstrators. Parts, therefor;
fuel reserve. components, accessories, and (6) Bomb racks, missile launchers,
(b)–(c) [Reserved] attachments of the F–15SE and F/A–18 missile rails, weapon pylons, pylon-to-
(d) Launching and recovery E/F that are common to earlier models launcher adapters, unmanned aerial
equipment specially designed to allow of these aircraft, unless listed in vehicle (UAV) airborne launching
an aircraft described in paragraph (a) of paragraph (h) of this category, are systems, external stores support systems
this category to take off or land on a subject to the EAR; for ordnance or weapons, and specially
vessel described in Category VI Note to paragraph (h)(1): This designed parts and components therefor
paragraphs (a) through (c) (MT if the paragraph does not control parts, (MT if the bomb rack, missile launcher,
components, accessories, and missile rail, weapon pylon, pylon-to-
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launching and recovery equipment is for
an aircraft, excluding manned aircraft, attachments that are common to aircraft launcher adapter, UAV airborne
that has a range equal to or greater than described in paragraph (a) of this launching system, or external stores
300 km). category but not identified in paragraph support system is for an aircraft,
Note to paragraph (d): For the (h)(1), and those identified in paragraph excluding manned aircraft, or missile
definition of ‘‘range,’’ see note to (h)(1). For example, when applying that has a ‘‘range’’ equal to or greater
paragraph (a) of this category. § 120.41(b)(3), a part common to only than 300 km);
*(e) Inertial navigation systems (INS), the F–16 and F—35 is not specially (7) Damage or failure-adaptive flight
aided or hybrid inertial navigation designed for purposes of this paragraph. control systems, that do not consist
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solely of redundant internal circuitry, projectile, and specially designed parts transparencies, flush antennas, radomes,
specially designed for aircraft controlled and components therefor; fairings, doors, internal ducts, pylons
in this category, and specially designed (19) Thrust reversers specially for external stores but does not include
parts and components therefor; designed to be deployed in flight for landing gear or other readily removable
(8) Threat-adaptive autonomous flight aircraft controlled in this category; items.
control systems, where a ‘‘threat- *(20) Any part, component, accessory, (i) Technical data (see § 120.10 of this
adaptive autonomous flight control attachment, equipment, or system that: subchapter) and defense services (see
system’’ is a flight control system that, (i) Is classified; § 120.9 of this subchapter) directly
without input from the operator or pilot, (ii) Contains classified software related to the defense articles described
adjusts the aircraft control or flight path directly related to defense articles in in paragraphs (a) through (h) of this
to minimize risk caused by hostile this subchapter or 600 series items category and classified technical data
threats; subject to the EAR; or directly related to items controlled in
(9) Non-surface-based flight control (iii) Is being developed using ECCNs 9A610, 9B610, 9C610, and
systems and effectors (e.g., thrust classified information. 9D610 and defense services using
vectoring from gas ports other than main Note to paragraph (h)(20): Classified classified technical data. (See § 125.4 of
engine thrust vector); means classified pursuant to Executive this subchapter for exemptions.) (MT for
(10) Radar altimeters with output Order 13526, or predecessor order, and technical data and defense services
power management LPI (low probability a security classification guide developed related to articles designated as such.)
of intercept) or signal modulation (i.e., pursuant thereto or equivalent, or to the (j)–(w) [Reserved]
frequency hopping, chirping, direct corresponding classification rules of (x) Commodities, software, and
sequence-spectrum spreading) LPI another government or international technical data subject to the EAR (see
capabilities (MT if for an aircraft, organization; § 120.42 of this subchapter) used in or
excluding manned aircraft, or missile (21)–(26) [Reserved] with defense articles controlled in this
that has a ‘‘range’’ equal to or greater (27) Variable speed gearboxes capable category.
than 300 km); of varying output speed by 50% or Note to paragraph (x): Use of this
(11) Air-to-air refueling systems and greater and providing power to rotors, paragraph is limited to license
hover-in-flight refueling (HIFR) systems, proprotors, propellers, propfans, or applications for defense articles
and specially designed parts and liftfans; and specially designed parts controlled in this category where the
components therefor; and components therefor; purchase documentation includes
(28) Electrical power or thermal commodities, software, or technical data
(12) Unmanned aerial vehicle (UAV)
management systems integrated with an subject to the EAR (see § 123.1(b) of this
flight control systems and vehicle
engine controlled in Category XIX subchapter).
management systems with swarming
having any of the following: Note: Inertial navigation systems,
capability (i.e., UAVs interact with each
(i) Electrical power generators that
other to avoid collisions and stay aided or hybrid inertial navigation
provide greater than 300kW of electrical
together, or, if weaponized, coordinate systems, Inertial Measurement Units,
power (per generator) with gravimetric
targeting) (MT if for an aircraft, and Attitude and Heading Reference
power densities exceeding 2kW/pound;
excluding manned aircraft, or missile Systems in paragraph (e), and parts,
(ii) Heat exchangers that exchange 200
that has a ‘‘range’’ equal to or greater components, accessories, and
kW of heat or greater into the gas
than 300 km); attachments in paragraphs (h)(3)–(5),
turbine engine flow path;
(13) [Reserved] (7), (14), (17), or (19) are licensed by the
(iii) Logic controls that maintain gas
(14) Lift fans, clutches, and roll posts Department of Commerce when
turbine engine operability during
for short take-off, vertical landing incorporated in an aircraft subject to the
pneumatic and shaft power extraction of
(STOVL) aircraft and specially designed EAR and classified under ECCN 9A610.
2kW/pound; or
parts and components for such lift fans (iv) Direct-cooling thermal electronic Replacement systems, parts,
and roll posts; package heat exchangers that transfers components, accessories and
(15) Integrated helmets incorporating 20kW of heat or greater at 100W/cm2 or attachments are subject to the controls
optical sights or slewing devices, which greater; of the ITAR.
include the ability to aim, launch, track, (29) Flight control algorithms or * * * * *
or manage munitions (e.g., Helmet software that aid in landing a fixed-wing
Mounted Cueing Systems, Joint Helmet Category XIX—Gas Turbine Engines and
aircraft on any vessel controlled in Associated Equipment
Mounted Cueing Systems (JHMCS), Category VI(a)–(c); or
Helmet Mounted Displays, Display and (30) The following, if specially *(a) Turbofan and Turbojet engines
Sight Helmets (DASH)), and specially designed for a defense article described (including those that are technology
designed parts, components, in paragraph (h)(1): demonstrators, developmental engines,
accessories, and attachments therefor; (i) Wind tunnel and other scale test or variable cycle engines) capable of
(16) Fire control computers, stores models; 15,000 lbf (66.7 kN) of thrust or greater
management systems, armaments (ii) Full scale iron bird ground rigs that have any of the following:
control processors, and aircraft-weapon used to test major aircraft systems; (1) With or specially designed for
interface units and computers (e.g., (iii) Autonomic logistics information thrust augmentation (afterburner);
AGM–88 HARM Aircraft Launcher system (ALIS); or (2) Thrust or exhaust nozzle
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Interface Computer (ALIC)); (iv) Jigs, locating fixtures, templates, vectoring;
(17) Mission computers, vehicle gauges, molds, dies, and caul plates, for (3) Parts or components controlled in
management computers, and integrated production of airframe parts and paragraph (f)(6) of this category;
core processers specially designed for components. (4) Specially designed for sustained
aircraft controlled in this category; Note to paragraph (h)(30)(iv): 30 second inverted flight or negative g
(18) Drive systems and flight control ‘‘Airframe’’ means an assembled maneuver; or
systems specially designed to function structure influencing strength, integrity (5) Specially designed for high power
after impact of a 7.62mm or larger or shape and also includes extraction (greater than 50 percent of
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engine thrust at altitude) at altitudes enumerated in paragraph (a) through (d) category, and specially designed parts
greater than 50,000 feet. of this category but not identified in and components therefor;
*(b) Turboshaft and Turboprop paragraph (f)(1), and those identified in (10) Three-stream fan systems that
engines (including those that are paragraph (f)(1). For example, a part allow the movement of airflow between
technology demonstrators or common to only the F110 and F136 is the streams to control fan pressure ratio
developmental engines) that have any of not specially designed for purposes of or bypass ratio (by means other than use
the following: this paragraph. A part common to only of fan corrected speed or the primary
(1) Capable of 1500 mechanical shp the F119 and F135—two engine models nozzle area to change the fan pressure
(1119 kW) or greater and specially identified in paragraph (f)(1)—is ratio or bypass ratio), and specially
designed with oil sump sealing when specially designed for purposes of this designed parts, components,
the engine is in the vertical position; or paragraph, unless one of the other accessories, and attachments therefor;
(2) Capable of 225 specific power or paragraphs is applicable under (11) High pressure compressors with
greater and specially designed for § 120.41(b). core-driven bypass streams that have a
armament gas ingestion and transient *(2) Hot section components (i.e., pressure ratio greater than one,
maneuvers, where specific power is combustion chambers and liners; high occurring across any section of the
defined as maximum takeoff shaft pressure turbine blades, vanes, disks bypass duct, and specially designed
horsepower divided by compressor inlet and related cooled structure; actively parts, components, accessories, and
flow (lbm/sec). cooled low pressure turbine blades, attachments therefor;
*(c) Gas turbine engines (including vanes, disks and related actively cooled (12) Intermediate compressors of a
technology demonstrators, structures; actively cooled power three-spool compression system with an
developmental engines, and variable turbine blades, vanes, disks and related intermediate spool-driven bypass stream
cycle engines) specially designed for actively cooled structures; actively that has a pressure ratio greater than
unmanned aerial vehicle systems cooled intermediate turbine blades, one, occurring across any section of the
controlled in this category, cruise vanes, disks and related actively cooled bypass duct, and specially designed
missiles, or target drones (MT if for an structures; actively cooled augmenters; parts, components, accessories, and
engine used in an aircraft, excluding and actively cooled nozzles) specially attachments therefor;
manned aircraft, or missile that has a designed for gas turbine engines (13) Powders specially designed for
‘‘range’’ equal to or greater than 300 controlled in this category; thermal or environmental barrier
km). (3) Uncooled turbine blades, vanes, coating of defense articles enumerated
*(d) GE38, AGT1500, CTS800, MT7, disks, and tip shrouds specially in paragraphs (f)(1)–(f)(4) of this
T55, TF60, HPW3000, GE3000, T408, designed for gas turbine engines category;
and T700 engines. controlled in this category;
Note to paragraph (d): Engines (14) Superalloys (i.e., nickel, cobalt or
(4) Combustor cowls, diffusers, iron based), used in directionally
subject to the control of this paragraph domes, and shells specially designed for
are licensed by the Department of solidified or single crystal casting,
gas turbine engines controlled in this specially designed for defense articles
Commerce when incorporated in an category;
aircraft subject to the EAR and enumerated in paragraphs (f)(1)–(f)(4) of
(5) Engine monitoring systems (i.e., this category;
controlled under ECCN 9A610. Such prognostics, diagnostics, and health)
engines are subject to the controls of the (15) Imide matrix, metal matrix, or
specially designed for gas turbine ceramic matrix composite material (i.e.,
ITAR in all other circumstances. engines and components controlled in
*(e) Digital engine control systems reinforcing fiber combined with a
this category; matrix) specially designed for defense
(e.g., Full Authority Digital Engine *(6) Any part, component, accessory,
Controls (FADEC) and Digital Electronic articles enumerated in paragraphs (f)(1)–
attachment, equipment, or system that:
Engine Controls (DEEC)) specially (f)(4) of this category; or
(i) Is classified;
designed for gas turbine engines (ii) Contains classified software (16) The following, if specially
controlled in this category (MT if the directly related to defense articles in designed for a defense article in
digital engine control system is for an this subchapter or 600 series items paragraph (f)(1):
aircraft, excluding manned aircraft, or subject to the EAR; or (i) Jigs, locating fixtures, templates,
missile that has a range equal to or (iii) Is being developed using gauges, molds, dies, or caul plates, for
greater than 300 km). classified information. production of engine parts and
Note to paragraph (e): Digital Note to paragraph (f)(6): ‘‘Classified’’ components; or
electronic control systems means classified pursuant to Executive (ii) Test cells or test stands.
autonomously control the engine Order 13526, or predecessor order, and (g) Technical data (see § 120.10 of this
throughout its whole operating range a security classification guide developed subchapter) and defense services (see
from demanded engine start until pursuant thereto or equivalent, or to the § 120.9 of this subchapter) directly
demanded engine shut-down, in both corresponding classification rules of related to the defense articles described
normal and fault conditions. another government or international in paragraphs (a) through (f) of this
(f) Parts, components, accessories, organization; category and classified technical data
attachments, associated equipment, and (7) Test cells or test stands specially directly related to items controlled in
systems as follows: designed for technology demonstrator ECCNs 9A619, 9B619, 9C619, and
(1) Parts, components, accessories, 9D619 and defense services using the
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engines, developmental engines, or
and attachments specially designed for variable cycle engines controlled in this classified technical data. (See § 125.4 of
the following U.S.-origin engines (and category; this subchapter for exemptions.) (MT for
military variants thereof): F101, F107, (8) Investment casting cores, core technical data and defense services
F112, F118, F119, F120, F135, F136, dies, or wax pattern dies for parts or related to articles designated as such.)
F414, F415, and J402; Note to paragraph components enumerated in paragraphs (h)–(w) [Reserved]
(f)(1): This paragraph does not control (f)(1), (f)(2), or (f)(3) of this category; (x) Commodities, software, and
parts, components, accessories, and (9) Pressure gain combustors specially technical data subject to the EAR (see
attachments that are common to engines designed for engines controlled in this § 120.42 of this subchapter) used in or
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with defense articles controlled in this ADDRESSES: Interested persons are Office of Manufactured Housing
category. invited to submit comments regarding Programs, Office of Housing,
Note to paragraph (x): Use of this this rule to the Regulations Division, Department of Housing and Urban
paragraph is limited to license Office of General Counsel, Department Development, 451 Seventh Street SW.,
applications for defense articles of Housing and Urban Development, Washington DC 20410; telephone (202)
controlled in this category where the 451 Seventh Street SW., Washington, 708–6409 (this is not a toll free number).
purchase documentation includes DC 20410–0500. Room 10276, Persons with hearing or speech
commodities, software, or technical data Washington, DC 20410–0500. impairments may access this number
subject to the EAR (see § 123.1(b) of this Communications must refer to the above via TTY by calling the toll free Federal
subchapter). docket number and title. There are two Information Relay Service at 1–800–
* * * * * methods for submitting public 877–8389.
comments. All submissions must refer SUPPLEMENTARY INFORMATION:
Rose E. Gottemoeller, to the above docket number and title.
Under Secretary, Arms Control and 1. Submission of Comments by Mail. I. Background
International Security, Department of State. Comments may be submitted by mail to The National Manufactured Housing
[FR Doc. 2016–02587 Filed 2–8–16; 8:45 am] the Regulations Division, Office of Construction and Safety Standards Act
BILLING CODE 4710–25–P General Counsel, Department of of 1974 1 (Pub. L. 93–383, approved
Housing and Urban Development, 451 August 22, 1974) (42 U.S.C. 5401–5426)
7th Street SW., Room 10276, (the Act) authorizes HUD to establish
Washington, DC 20410–0500. and amend the Federal Manufactured
DEPARTMENT OF HOUSING AND 2. Electronic Submission of
URBAN DEVELOPMENT Home Construction and Safety
Comments. Interested persons may Standards (the Construction and Safety
submit comments electronically through
24 CFR Parts 3280 and 3282 Standards, or Standards). When
the Federal eRulemaking Portal at
originally enacted, the Act covered
[Docket No. FR–5877–P–01] www.regulations.gov. HUD strongly
mobile homes, defined as ‘‘a structure,
encourages commenters to submit
transportable in one or more sections,
RIN 2502–AJ33 comments electronically. Electronic
which is eight body feet or more in
submission of comments allows the
Manufactured Home Procedural and width and is thirty-two feet in length.’’
commenter maximum time to prepare
Enforcement Regulations; Revision of Consequently, structures measuring less
and submit a comment, ensures timely
Exemption for Recreational Vehicles than 256 square feet were excluded from
receipt by HUD, and enables HUD to
the definition of mobile home under the
make them immediately available to the
AGENCY: Office of the Assistant Act.
public. Comments submitted
Secretary for Housing-Federal Housing On May 13, 1976 (41 FR 19846), HUD
electronically through the
Commissioner, HUD. www.regulations.gov Web site can be issued 24 CFR part 3282, its Mobile
ACTION: Proposed rule. viewed by other commenters and Home Procedural and Enforcement
interested members of the public. regulations. In this regulation, HUD
SUMMARY: This rulemaking proposes to codified its first recreational vehicle
Commenters should follow the
revise the exemption for recreational exemption. Recognizing that
instructions provided on that site to
vehicles that are not self-propelled from recreational vehicles in excess of 256
submit comments electronically.
HUD’s Manufactured Housing Note: To receive consideration as square feet would be included in the
Procedural and Enforcement public comments, comments must be definition of ‘‘mobile home,’’ HUD
Regulations. This proposed rule is based submitted through one of the two decided to exempt recreational vehicles
on a recommendation adopted by the methods specified above. Again, all from the scope of the regulation since
Manufactured Housing Consensus submissions must refer to the docket they are not designed to be used as a
Committee (MHCC) which would define number and title of the rule. permanent dwelling. HUD determined
a recreational vehicle as one built on a No Facsimile Comments. Facsimile that, ‘‘[r]ecreational vehicles do not fall
vehicular structure, not certified as a (FAX) comments are not acceptable. within the definition of mobile homes
manufactured home, designed only for Public Inspection of Public and are not subject to these regulations.
recreational use and not as a primary Comments. All properly submitted A recreational vehicle is a vehicle,
residence or for permanent occupancy, comments and communications regardless of size, which is not designed
and built and certified in accordance submitted to HUD will be available for to be used as a permanent dwelling, and
with either the National Fire Protection public inspection and copying between in which the plumbing, heating, and
Association (NFPA) 1192–15 or 8 a.m. and 5 p.m. weekdays at the above electrical systems contained therein
American National Standards Institute address. Due to security measures at the may be operated without connection to
(ANSI) A119.5–09 consensus standards HUD Headquarters building, an advance outside utilities and which are self-
for recreational vehicles. HUD is appointment to review the public
adopting the MHCC’s recommendation comments must be scheduled by calling 1 When originally enacted as Title VI of the
but modifying it to require certification the Regulations Division at 202–708– Housing and Community Development Act of 1974,
the Act was titled the ‘‘Mobile Home Construction
with the updated ANSI standard, 3055 (this is not a toll-free number). and Safety Standards Act of 1974’’. Section 308 of
A119.5–15, and by including a Individuals with speech or hearing
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the Housing and Community Development Act of
requirement that units claiming the impairments may access this number 1980 (Pub. L. 96–399, approved October 8, 1980)
ANSI A119.5–15 exemption through TTY by calling the Federal amended the Act by replacing ‘‘Mobile Home’’ with
‘‘Manufactured Housing’’ in the title and by
prominently display a notice stating that Information Relay Service at 800–877– replacing each reference to ‘‘mobile home’ with
the unit is designed only for recreational 8339. Copies of all comments submitted ‘‘manufactured home.’’ Section 599A of the
use, and not as a primary residence or are available for inspection and Department of Housing and Urban Development’s
permanent dwelling. downloading at www.regulations.gov. Appropriations Act for 1998 (Pub. L. 105–276,
approved October 21, 1998) amended the definition
DATES: Comments Due Date: April 11, FOR FURTHER INFORMATION CONTACT: of manufactured home to exclude ‘‘any self-
2016. Pamela Beck Danner, Administrator, propelled recreational vehicle.’’
VerDate Sep<11>2014 17:10 Feb 08, 2016 Jkt 238001 PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 E:\FR\FM\09FEP1.SGM 09FEP1](https://thefederalregister.org/doc/81_FR_6823/page/10.svg)
Document Created: 2018-02-02 14:30:24
Document Modified: 2018-02-02 14:30:24
| 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 | Proposed rule. | |
| Dates | The Department of State will accept comments on this proposed rule until March 25, 2016. | |
| Contact | Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email [email protected] ATTN: ITAR Amendment--USML Categories VIII and XIX. | |
| FR Citation | 81 FR 6797 | |
| RIN Number | 1400-AD89 |
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