83 FR 44228 - Continued Temporary Modification of Category XI of the United States Munitions List

DEPARTMENT OF STATE

Federal Register Volume 83, Issue 169 (August 30, 2018)

Page Range		44228-44229
FR Document		2018-19029

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

Federal Register, Volume 83 Issue 169 (Thursday, August 30, 2018)

[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44228-44229]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19029]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 10486]
RIN 1400-AE70


Continued 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 
paragraph (b) in Category XI of the United States Munitions List 
(USML).

DATES: Amendatory instructions 1 and 2 are effective August 30, 2018. 
Amendatory instruction No. 3 is effective August 30, 2019.

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 later 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 was in the interest of the security of 
the United States to temporarily revise USML Category XI paragraph (b), 
pursuant to the provisions of Sec.  126.2, while a long-term solution 
was developed. The Department 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. The Department published a final rule on August 30, 
2017 (82 FR 41172) that continued the December 16, 2015 modification to 
August 30, 2018.
    The temporary revision clarified 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, with its interagency partners, continues to develop 
a long term solution for USML Category XI(b). However, that solution 
will not be in place when the current temporary modification expires on 
August 30, 2018. Therefore, the Department has determined, for the 
national security and foreign policy of the United States and in the 
best interest of the U.S. defense industry, to publish a final rule 
that extends the temporary modification of USML XI(b) for one year, to 
August 30, 2019, to allow it to be revised as part of the wholesale 
revision of USML Category XI. On February 12, 2018, the Department 
published a Notice of Inquiry (83 FR 5970) requesting public comment on 
USML Categories V, X and XI. The Department and the interagency are 
reviewing the public comments submitted in response, and the Department 
is drafting a proposed rule setting out revised versions of the three 
categories for public comment. Extending the temporary revisions of 
USML Category XI(b) now will allow the U.S. government to finalize its 
review of USML Category XI, with rulemaking to follow, to include any 
further modifications to USML Category XI paragraph (b) as may be 
warranted.

Regulatory Findings

Administrative Procedure Act

    This rulemaking is exempt from section[thinsp]553 (Rulemaking) and 
section 554 (Adjudications) of the Administrative Procedure Act (APA) 
pursuant to 5 U.S.C. 553(a)(1) as a military or foreign affairs 
function of the United States Government.

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.

[[Page 44229]]

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

    Executive Orders 12866 and 13563 direct agencies to assess all 
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). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rulemaking is a significant but 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 E.O. 13771 (82 FR 
9339, February 3, 2017).

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, 2018, 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, 2019, 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.
* * * * *

    Dated: August 27, 2018.
Andrea Thompson,
Under Secretary of State for Arms Control and International Security, 
U.S. Department of State.
[FR Doc. 2018-19029 Filed 8-29-18; 8:45 am]
 BILLING CODE 4710-25-P

44228 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations

y.3. Audio selector panels; DEPARTMENT OF STATE The temporary revision clarified that
y.4. Check valves for hydraulic and the scope of control in existence prior
pneumatic systems; 22 CFR Part 121 to December 30, 2014 for USML
y.5. Crew rest equipment; paragraph (b) and directly related
y.6. Ejection seat mounted survival aids; [Public Notice: 10486]
software in paragraph (d) remains in
y.7. Energy dissipating pads for cargo (for effect. This clarification is achieved by
RIN 1400–AE70
pads made from paper or cardboard); reinserting the words ‘‘analyze and
y.8. Fluid filters and filter assemblies; Continued Temporary Modification of produce information from’’ and by
y.9. Galleys; Category XI of the United States adding software to the description of
y.10. Fluid hoses, straight and unbent lines Munitions List items controlled.
(for a commodity subject to control in this The Department, with its interagency
entry or defense article in USML Category AGENCY: Department of State. partners, continues to develop a long
VIII), and fittings, couplings, clamps (for a ACTION:Final rule; notice of temporary term solution for USML Category XI(b).
commodity subject to control in this entry or modification. However, that solution will not be in
defense article in USML Category VIII) and place when the current temporary
brackets therefor; SUMMARY: The Department of State, modification expires on August 30,
y.11. Lavatories; pursuant to its regulations and in the 2018. Therefore, the Department has
y.12. Life rafts; interest of the security of the United determined, for the national security
y.13. Magnetic compass, magnetic azimuth States, temporarily modifies paragraph and foreign policy of the United States
detector; (b) in Category XI of the United States and in the best interest of the U.S.
y.14. Medical litter provisions; Munitions List (USML). defense industry, to publish a final rule
y.15. Cockpit or cabin mirrors; DATES: Amendatory instructions 1 and 2 that extends the temporary modification
y.16. Passenger seats including palletized are effective August 30, 2018.
seats;
of USML XI(b) for one year, to August
Amendatory instruction No. 3 is 30, 2019, to allow it to be revised as part
y.17. Potable water storage systems; effective August 30, 2019.
y.18. Public address (PA) systems;
of the wholesale revision of USML
y.19. Steel brake wear pads (does not FOR FURTHER INFORMATION CONTACT: Mr. Category XI. On February 12, 2018, the
include sintered mix or carbon/carbon Robert Monjay, Office of Defense Trade Department published a Notice of
materials); Controls Policy, Department of State, Inquiry (83 FR 5970) requesting public
y.20. Underwater locator beacons; telephone (202) 663–2817; email comment on USML Categories V, X and
y.21. Urine collection bags/pads/cups/ monjayr@state.gov. ATTN: Temporary XI. The Department and the interagency
pumps; Modification of Category XI. are reviewing the public comments
y.22. Windshield washer and wiper SUPPLEMENTARY INFORMATION: On July 1, submitted in response, and the
systems; 2014, the Department published a final Department is drafting a proposed rule
y.23. Filtered and unfiltered panel knobs, rule revising Category XI of the USML, setting out revised versions of the three
indicators, switches, buttons, and dials; 79 FR 37536, effective December 30, categories for public comment.
y.24. Lead-acid and Nickel-Cadmium 2014. That final rule, consistent with Extending the temporary revisions of
batteries; the two prior proposed rules for USML USML Category XI(b) now will allow
y.25. Propellers, propeller systems, and Category XI (78 FR 45018, July 25, 2013 the U.S. government to finalize its
propeller blades used with reciprocating and 77 FR 70958, November 28, 2012), review of USML Category XI, with
engines; revised paragraph (b) of Category XI to rulemaking to follow, to include any
y.26. Fire extinguishers; clarify the extent of control and further modifications to USML Category
y.27. Flame and smoke/CO2 detectors; maintain the existing scope of control XI paragraph (b) as may be warranted.
y.28. Map cases; on items described in paragraph (b) and
y.29. ‘Military Aircraft’ that were first Regulatory Findings
the directly related software described
manufactured from 1946 to 1955 that do not in paragraph (d). Administrative Procedure Act
incorporate defense articles enumerated or
The Department later determined that This rulemaking is exempt from
otherwise described on the U.S. Munitions
exporters may read the revised control section 553 (Rulemaking) and
List, unless the items are required to meet
language to exclude certain intelligence- section 554 (Adjudications) of the
safety or airworthiness standards of a
analytics software that has been and Administrative Procedure Act (APA)
Wassenaar Arrangement Participating State;
and do not incorporate weapons enumerated
remains controlled on the USML. pursuant to 5 U.S.C. 553(a)(1) as a
or otherwise described on the U.S. Munitions
Therefore, the Department determined military or foreign affairs function of the
List, unless inoperable and incapable of that it was in the interest of the security United States Government.
being returned to operation; of the United States to temporarily
revise USML Category XI paragraph (b), Regulatory Flexibility Act
y.30. ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments,’’ other than pursuant to the provisions of § 126.2, Since the Department is of the
electronic items or navigation equipment, for while a long-term solution was opinion that this rule is exempt from the
use in or with a commodity controlled by developed. The Department published a provisions of 5 U.S.C. 553, there is no
ECCN 9A610.h; final rule on July 2, 2015 (80 FR 37974) requirement for an analysis under the
y.31. Identification plates and nameplates; that temporarily modified USML Regulatory Flexibility Act.
and Category XI(b) until December 29, 2015.
The Department published a final rule Unfunded Mandates Reform Act of 1995
y.32. Fluid manifolds.
on December 16, 2015 (80 FR 78130) This rulemaking does not involve a
amozie on DSK3GDR082PROD with RULES

Dated: August 24, 2018.
that continued the July 2, 2015 mandate that will result in the
Richard E. Ashooh, modification to August 30, 2017. The expenditure by State, local, and tribal
Assistant Secretary for Export Department published a final rule on governments, in the aggregate, or by the
Administration. August 30, 2017 (82 FR 41172) that private sector, of $100 million or more
[FR Doc. 2018–18849 Filed 8–29–18; 8:45 am] continued the December 16, 2015 in any year and it will not significantly
BILLING CODE 3510–33–P modification to August 30, 2018. or uniquely affect small governments.

VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1

Document Created: 2018-08-30 01:21:16
Document Modified: 2018-08-30 01:21:16

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, 2018. Amendatory instruction No. 3 is effective August 30, 2019.
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		83 FR 44228
RIN Number		1400-AE70
CFR Associated		Arms and Munitions; Classified Information and Exports