82 FR 41172 - Temporary Modification of Category XI of the United States Munitions List

DEPARTMENT OF STATE

Federal Register Volume 82, Issue 167 (August 30, 2017)

Page Range		41172-41173
FR Document		2017-18482

The Department of State, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies Category XI of the United States Munitions List (USML).

Federal Register, Volume 82 Issue 167 (Wednesday, August 30, 2017)

[Federal Register Volume 82, Number 167 (Wednesday, August 30, 2017)]
[Rules and Regulations]
[Pages 41172-41173]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18482]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice 10082]
RIN 1400-AE43


Temporary Modification of Category XI of the United States 
Munitions List

AGENCY: Department of State.

ACTION: Final rule; notice of temporary modification.

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SUMMARY: The Department of State, pursuant to its regulations and in 
the interest of the security of the United States, temporarily modifies 
Category XI of the United States Munitions List (USML).

DATES: Amendatory instructions 1 and 2 are effective August 30, 2017. 
Amendatory instruction No. 3 is effective August 30, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Monjay, Office of Defense 
Trade Controls Policy, Department of State, telephone (202) 663-2817; 
email [email protected]. ATTN: Temporary Modification of Category XI.

SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a 
final rule revising Category XI of the USML, 79 FR 37536, effective 
December 30, 2014. That final rule, consistent with the two prior 
proposed rules for USML Category XI (78 FR 45018, July 25, 2013 and 77 
FR 70958, November 28, 2012), revised paragraph (b) of Category XI to 
clarify the extent of control and maintain the existing scope of 
control on items described in paragraph (b) and the directly related 
software described in paragraph (d). The Department has determined that 
exporters may read the revised control language to exclude certain 
intelligence-analytics software that has been and remains controlled on 
the USML. Therefore, the Department determined that it is in the 
interest of the security of the United States to temporarily revise 
USML Category XI paragraph (b), pursuant to the provisions of 22 CFR 
126.2, while a long-term solution is developed. The Department will 
publish any permanent revision to USML Category XI paragraph (b) 
addressing this issue as a proposed rule for public comment.
    This temporary revision clarifies that the scope of control in 
existence prior to December 30, 2014 for USML paragraph (b) and 
directly related software in paragraph (d) remains in effect. This 
clarification is achieved by reinserting the words ``analyze and 
produce information from'' and by adding software to the description of 
items controlled.
    The Department previously published a final rule on July 2, 2015 
(80 FR 37974) that temporarily modified USML Category XI(b) until 
December 29, 2015. The Department published a final rule on December 
16, 2015 (80 FR 78130) that continued the July 2, 2015 modification to 
August 30, 2017. This final rule extends the July 2, 2015 modification 
to August 30, 2018 to allow the U.S. government to review USML Category 
XI in full and publish proposed and final rules.

Regulatory Findings

Administrative Procedure Act

    The Department is publishing this rule as a final rule based upon 
good cause, and its determination that delaying the effect of this rule 
during a period of public comment would be impractical, unnecessary and 
contrary to public interest. 5 U.S.C. 553(b)(3)(B). In addition, the 
Department 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 (APA).

[[Page 41173]]

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

    The Department does not believe this rulemaking is a major rule 
under the criteria of 5 U.S.C. 804.

Executive Orders 12372 and 13132

    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

    The Department believes that benefits of the rulemaking outweigh 
any costs, which are estimated to be insignificant. This rulemaking is 
not an economically significant rule under the criteria of Executive 
Order 12866, and is consistent with the provisions of Executive Order 
13563.

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 rulemaking does not impose or revise any information 
collections subject to 44 U.S.C. chapter 35.

Executive Order 13771

    This rule is not subject to the requirements of EO 13771 (82 FR 
9339, February 3, 2017) because it is issued with respect to a foreign 
affairs function of the United States.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Classified information, Exports.

    For reasons stated in the preamble, the State Department amends 22 
CFR part 121 as follows:

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. In Sec.  121.1, under Category XI, revise paragraph (b), effective 
August 30, 2017, to read as follows:


Sec.  121.1  The United States Munitions List.

* * * * *

Category XI--Military Electronics

* * * * *
    *(b) Electronic systems, equipment or software, not elsewhere 
enumerated in this subchapter, specially designed for intelligence 
purposes that collect, survey, monitor, or exploit, or analyze and 
produce information from, the electromagnetic spectrum (regardless of 
transmission medium), or for counteracting such activities.
* * * * *

0
3. In Sec.  121.1, under Category XI, revise paragraph (b), effective 
August 30, 2018, to read as follows:


Sec.  121.1  The United States Munitions List.

* * * * *

Category XI--Military Electronics

* * * * *
    *(b) Electronic systems or equipment, not elsewhere enumerated in 
this subchapter, specially designed for intelligence purposes that 
collect, survey, monitor, or exploit the electromagnetic spectrum 
(regardless of transmission medium), or for counteracting such 
activities.
* * * * *

Rex W. Tillerson,
Secretary of State, U.S. Department of State.
[FR Doc. 2017-18482 Filed 8-29-17; 8:45 am]
BILLING CODE 4710-25-P

41172 Federal Register / Vol. 82, No. 167 / Wednesday, August 30, 2017 / Rules and Regulations

§ 1308.2 Determinations for specified resorcinol bis(diphenyl phosphate), 79 FR 37536, effective December 30,
plastics. oligomeric phosphate, long chain fatty 2014. That final rule, consistent with
(a) The following plastics do not acid esters and aromatic sulfonamide; the two prior proposed rules for USML
exceed the phthalates content limits (ii) Stabilizers; Category XI (78 FR 45018, July 25, 2013
with a high degree of assurance as that (iii) Lubricants; and 77 FR 70958, November 28, 2012),
term is defined in 16 CFR part 1107: (iv) Antioxidants; revised paragraph (b) of Category XI to
(1) Polypropylene (PP), with any of (v) Molecular weight regulators; clarify the extent of control and
the following additives: (vi) Initiators/unrecovered catalysts, maintain the existing scope of control
(i) The plasticizers polybutenes, (vii) Activators; on items described in paragraph (b) and
dioctyl sebacate, isooctyl tallate, (viii) Emulsifiers; or the directly related software described
paraffinic, naphthenic, and mineral (ix) Colorants. in paragraph (d). The Department has
plasticizing oils, and polyol; (b) Accessible component parts of determined that exporters may read the
(ii) Unrecovered catalysts; children’s toys and child care articles revised control language to exclude
(iii) Fillers; made with the specified plastics, and certain intelligence-analytics software
(iv) Primary and secondary specified additives, listed in paragraph that has been and remains controlled on
antioxidants; (a) of this section are not required to be the USML. Therefore, the Department
(v) Neutralizing agents; third party tested pursuant to section determined that it is in the interest of
(vi) Antistatic agents; 14(a)(2) of the CPSA and 16 CFR part the security of the United States to
(vii) Slip agents; 1107. temporarily revise USML Category XI
(viii) Metal deactivators; (c) Accessible component parts of paragraph (b), pursuant to the
(ix) Quenchers; children’s toys and child care articles provisions of 22 CFR 126.2, while a
(x) UV stabilizers; made with a plastic or additives not long-term solution is developed. The
(xi) Nucleating agents; listed in paragraph (a) of this section
(xii) Flame retardants; Department will publish any permanent
that are plasticized or may contain revision to USML Category XI paragraph
(xiii) Blowing or foaming agents; phthalates are required to be third party
(xiv) Antiblocking agents; (b) addressing this issue as a proposed
tested pursuant to section 14(a)(2) of the rule for public comment.
(xv) Lubricants; or
CPSA and 16 CFR part 1107. This temporary revision clarifies that
(xvi) Colorants.
(2) Polyethylene (PE), with any of the Dated: August 25, 2017. the scope of control in existence prior
following additives: Todd A. Stevenson, to December 30, 2014 for USML
(i) The plasticizers glyceryl Secretary, Consumer Product Safety paragraph (b) and directly related
tribenzoate, polyethylene glycol, Commission. software in paragraph (d) remains in
sunflower oil, paraffin wax, paraffin oil, [FR Doc. 2017–18387 Filed 8–29–17; 8:45 am]
effect. This clarification is achieved by
mineral oil, glycerin, EPDM rubber, and reinserting the words ‘‘analyze and
BILLING CODE 6355–01–P
EVA polymer; produce information from’’ and by
(ii) Initiators; adding software to the description of
(iii) Promoters; items controlled.
DEPARTMENT OF STATE The Department previously published
(iv) Unrecovered catalysts;
(v) Fillers; 22 CFR Part 121 a final rule on July 2, 2015 (80 FR
(vi) Antistatic agents; 37974) that temporarily modified USML
(vii) Flame retardants; [Public Notice 10082] Category XI(b) until December 29, 2015.
(viii) Anti-blocking agents; RIN 1400–AE43 The Department published a final rule
(ix) Slip agents; on December 16, 2015 (80 FR 78130)
(x) Blowing agents; Temporary Modification of Category XI that continued the July 2, 2015
(xi) Cross-linking agents; of the United States Munitions List modification to August 30, 2017. This
(xii) Antioxidants; final rule extends the July 2, 2015
(xiii) Carbon black; or AGENCY: Department of State. modification to August 30, 2018 to
(xiv) Colorants. ACTION:Final rule; notice of temporary allow the U.S. government to review
(3) General purpose polystyrene modification. USML Category XI in full and publish
(GPPS), medium-impact polystyrene proposed and final rules.
(MIPS), high-impact polystyrene (HIPS), SUMMARY: The Department of State,
and super high-impact polystyrene pursuant to its regulations and in the Regulatory Findings
(SHIPS) with any of the following interest of the security of the United Administrative Procedure Act
additives: States, temporarily modifies Category XI
(i) Unrecovered catalysts; of the United States Munitions List The Department is publishing this
(ii) Internal lubricants; (USML). rule as a final rule based upon good
(iii) Chain transfer/transition agents; cause, and its determination that
DATES: Amendatory instructions 1 and 2 delaying the effect of this rule during a
(iv) Stabilizers; are effective August 30, 2017.
(v) Diluents; period of public comment would be
Amendatory instruction No. 3 is impractical, unnecessary and contrary
(vi) Colorants; effective August 30, 2018.
(vii) Aluminum chloride, ethyl to public interest. 5 U.S.C. 553(b)(3)(B).
chloride, hydrochloric acid; FOR FURTHER INFORMATION CONTACT: Mr. In addition, the Department is of the
(viii) Iron oxide, potassium oxide, Robert Monjay, Office of Defense Trade opinion that controlling the import and
chromium oxide; or Controls Policy, Department of State, export of defense articles and services is
(ix) Bifunctional peroxides. telephone (202) 663–2817; email a foreign affairs function of the United
(4) Acrylonitrile butadiene styrene monjayr@state.gov. ATTN: Temporary States Government and that rules
(ABS), with any of the following Modification of Category XI. implementing this function are exempt
additives: SUPPLEMENTARY INFORMATION: On July 1, from sections 553 (rulemaking) and 554
(i) The plasticizers hydrocarbon 2014, the Department published a final (adjudications) of the Administrative
processing oil, triphenyl phosphate, rule revising Category XI of the USML, Procedure Act (APA).

VerDate Sep<11>2014 13:47 Aug 29, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1

Document Created: 2017-08-30 04:08:15
Document Modified: 2017-08-30 04:08:15

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		Rules and Regulations
Action		Final rule; notice of temporary modification.
Dates		Amendatory instructions 1 and 2 are effective August 30, 2017. Amendatory instruction No. 3 is effective August 30, 2018.
Contact		Mr. Robert Monjay, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2817; email [email protected] ATTN: Temporary Modification of Category XI.
FR Citation		82 FR 41172
RIN Number		1400-AE43
CFR Associated		Arms and Munitions; Classified Information and Exports