83 FR 50003 - Regulatory Reform Revisions to the International Traffic in Arms Regulations
DEPARTMENT OF STATE Federal Register Volume 83, Issue 193 (October 4, 2018)
Federal Register Volume 83, Issue 193 (October 4, 2018)
| Page Range | 50003-50007 | |
| FR Document | 2018-21422 |
[Federal Register Volume 83, Number 193 (Thursday, October 4, 2018)] [Rules and Regulations] [Pages 50003-50007] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-21422] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Parts 121 and 123 [Public Notice 10349] RIN 1400-AE52 Regulatory Reform Revisions to the International Traffic in Arms Regulations AGENCY: Department of State. ACTION: Interim final rule; request for comments. ----------------------------------------------------------------------- SUMMARY: In response to public comments, the Department of State removes certain notification requirements from the International Traffic in Arms Regulations and revises several entries on the United States Munitions List to remove items that do not warrant continued inclusion. Specifically, this rule adds notes to USML Category IV and V, revises control text in USML Categories VIII, XI and XV, and revises a section of the regulations. DATES: Effective date: This rule is effective on October 4, 2018. Comments due date: Interested parties may submit comments by November 19, 2018. ADDRESSES: Interested parties may submit comments by one of the following methods:Email: [email protected] with the subject line, ``Regulatory Reform Revisions'' Internet: At www.regulations.gov, search for this notice using Docket DOS-2018-0020. FOR FURTHER INFORMATION CONTACT: Mr. Robert Monjay, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2817; email [email protected]. ATTN: Regulatory Reform Revisions. SUPPLEMENTARY INFORMATION: Responses to Regulatory Reform Comments and Other Feedback On January 30, 2017, the President issued Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs. On February 24, 2017, the President issued Executive Order 13777, Enforcing the Regulatory Reform Agenda. On July 14, 2017, the Department published a Request for Comments in the Federal Register (82 FR 32493) to get feedback from the public on how it could achieve meaningful burden reduction while continuing to achieve the Department's statutory obligations. The Department sought comments on the Department regulations, guidance documents, and collections of information that members of the public believe should be removed or modified to alleviate unnecessary burdens. The Department also requested economic data to support any proposed changes. In response to the July 14, 2017 request for comments, the Department received several comments related to the International Traffic in Arms Regulations (ITAR). The Department has concluded its review of two of the comments and has accepted one of the changes suggested. The Department received several additional comments, which we are beginning to review. Any response to these additional comments, none of which are relevant to this rulemaking, will be done via a separate rule. These comments and the Department's responses are set forth below. The Department has also received feedback from the public, the regulated industry, and other government and private sector experts, through a variety of formal and informal channels, that several entries on the United States Munitions List (USML) are controlling items that are, or soon will be, in normal commercial use. The Department has determined that it can revise certain entries in a manner consistent with the objectives set forth in Executive Order 13777 to remove the controls on these items, while maintaining control on those items that warrant continued control on the USML. One commenter requested that the Department eliminate the requirement to return licenses for tech data, in Sec. 123.22(b)(3)(i) and (c)(2) (all citations are to 22 CFR). Exporters are required to return licenses for the export of technical data to the Department after the initial export of all of the approved technical data. Exporters are also required to return all licenses that are exported against, but not electronically decremented. The Department has reviewed the comments and the use of the returned licenses and has determined that it can garner the necessary information via other means. The Department accepts these changes and will remove the relevant language in Sec. 123.22(b)(3)(i) and (c)(2). Two commenters requested that the Department eliminate the Initial Export Notification in Sec. 123.22(b)(3)(ii). The Department does not accept these changes. Section 123.22(b)(3)(ii) requires that prior to the initial export of any technical data or defense services under an Agreement, the Agreement holder inform DDTC that exports are beginning. These notifications are for exports of defense articles and defense services that are generally not reported to the U.S. government through the Automated Export System and as such, these notifications are often the only way that the Department knows that the export has occurred. Two commenters requested that the Department eliminate the notification of termination in Sec. 124.6. The Department does not accept these changes. Section 124.6 requires that an Agreement holder inform DDTC of the impending termination of the agreement not less than 30 days prior to the expiration date of such agreement. The Department uses this notification as part of its compliance assessment practices. However, the Department is undertaking a modernization of its IT systems for export licensing and will review whether an IT solution can be put in place to allow the elimination of this notification requirement. [[Page 50004]] Two commenters requested that the Department eliminate the annual status letter on agreements in Sec. 124.4(a). The Department does not accept these changes. Section 124.4(a) requires that if the agreement is not concluded within one year of the date of approval, the applicant notify DDTC in writing and provide the status of the agreement, unless and until the agreement is concluded, or a decision is made not to conclude the agreement. The Department uses this notification as part of its compliance assessment practices. Two commenters requested that the Department eliminate the requirement in Sec. 123.1(c)(4) that purchase documents be submitted with licenses in furtherance of agreements. The Department does not accept these changes. Submitting purchase documentation with a license application is an important tool to ensure only bona fide transactions are approved and to minimize the risk of diversion of approved exports. One commenter requested that the Department eliminate the requirement that defense articles be U.S. origin to use the temporary import exemption in Sec. 123.4(a)(1). The Department does not accept this change. Non-U.S.-origin defense articles sent to the United States for repair and maintenance do not require approval from the U.S. government for future reexports and retransfers, the way that U.S.- origin defense articles do. Therefore, the Department does not allow non-U.S. origin defense articles to be sent to the United States for servicing without individually approving the end-use and end-user. One commenter requested that the Department create an exemption for temporary exports of defense articles for repair/replacement by foreign Original Equipment Manufacturer (``OEM''). The Department believes that it may be possible to implement such an exemption in a way that maintains U.S. foreign policy and national security interests. The Department is working on this effort and any change to the ITAR to this effect will be published separately. One commenter requested that the Department streamline the Canadian Exemption in Sec. 126.5 by integrating the excluded technologies list (ETL), currently in Supplement No. 1 to part 126, into Sec. 126.5. The Department does not accept this change. The ETL applies to the Canadian Exemption, as well as the Defense Trade Cooperation Treaties with Australia and the United Kingdom; therefore, the utility of the ETL would be reduced if it were moved out of Supplement No. 1 to part 126 and the Department were required to recreate it in the sections for the treaties as well. One commenter requested that the Department implement certain definitions that were proposed in the Department's June 6, 2015 Federal Register proposed rule (80 FR 31525). The Department continues to work on the definitions that were not included in the June 3, 2016 interim final rule (81 FR 35611) or the September 8, 2016 final rule (81 FR 62004). Any change to the ITAR to this effect will be published separately. One commenter requested that the Department establish a definition of manufacturing. The Department believes that the implementation of a definition for manufacturing is a matter that should be subject to public review and comment. Any change to the ITAR to this effect will be published separately. One commenter asserted that the definition of U.S. person in the ITAR does not include U.S. citizens. This is incorrect. Section 120.15 defines U.S. persons to include protected individuals as defined by 8 U.S.C. 1324b(a)(3). This provision includes all U.S. citizens within the scope of protected individuals. One commenter asserted that there is an inconsistency between the definition of defense service in Sec. 120.9 and the definition of export in Sec. 120.17 and requested that the Department revise them. The Department does not accept this change. The definition of defense service defines when a defense service occurs. The definition of export, in part, describes when the performance of a defense service constitutes an export and requires approval from the Department prior to performance. One commenter noted that there is an inconsistency between the text in USML Category IV(i) and XV(f) related to mission integration and launch failure analysis, as the text in Category IV(i) includes the limiter ``to a foreign person,'' which the text in Category XV(f) does not. The commenter suggested resolving this inconsistency. The Department accepts this change, and revises USML Category XV(f) to achieve consistency between the provisions. However, the Department notes that this does not change the scope of the controls. The definition of export, as detailed above, provides that an export of a defense service occurs when it is performed for, or on behalf of, a foreign person. One commenter requested that the Department remove the record- keeping requirement in Sec. 125.6(a) and (b), asserting that they are duplicative of the record keeping requirement in Sec. 123.22(b)(3)(ii). The Department does not accept this change. The requirement in Sec. 123.22(b)(3)(ii) is only to maintain records that exist. The requirement in Sec. 125.6 is to create documents that provide the necessary assurance against diversion and information about the transaction to allow these exports to occur under exemptions, without individual licenses for each export. One commenter requested that the Department implement an IT system that includes a single input and single output, to reduce compliance burdens. The Department is undertaking to modernize its IT systems for export licensing and will review whether an IT solution can be put in place to allow a single output document that sufficiently protects U.S. foreign policy and national security interests. The Department received feedback from industry that industry is not certain as to the jurisdiction of certain satellites and spacecraft thrusters. Some manufacturers reclassified satellites and spacecraft thrusters, formerly controlled under USML Category XV, as rocket engines under USML Category IV(d), following the revisions to USML Category XV in 2014 and 2017. Some manufacturers reclassified these same, or similar, thrusters as subject to the Export Administration Regulations (EAR) under ECCN 9A515. Thrusters for satellites and spacecraft may meet certain USML Category IV(d) controls, such as based on total impulse, but such thrusters are not rocket or missile power plants per se. Therefore, the Department is adding Note 2 to USML Category IV(d) to clarify that it does not control such thrusters. For controls on satellite and spacecraft thrusters, exporters should review USML Category XV(e)(12) and ECCN 9A515. The Department received feedback from industry that, as currently structured, USML Category V maintains control over the items described in the EAR on the Commerce Control List (CCL) in Export Control Classification Number (ECCN) 1C608, if they include a material described in USML Category V. The Department added a new Note 3 to USML Category V to clarify that for materials described in USML Category V, except for the materials described in paragraph (c)(6), (h), or (i), approval from the Department is not required for any export, reexport, or retransfer when the defense articles are incorporated into an item subject to the EAR and classified under ECCN 1C608. The Department received feedback from industry that commercial drone technologies have progressed to the state where the industry is developing flight control systems for cooperative [[Page 50005]] operations, and there is concern that the control text in USML Category VIII(h)(12), for unmanned aerial vehicle (UAV) flight control systems and vehicle management systems with swarming capability, will capture these commercial drone flight control systems and vehicle management systems. The Department believes that swarming is a military capability that continues to warrant control on the USML. However, the current text describes swarming capabilities as UAVs interacting with each other to avoid collisions and stay together, or, if weaponized, coordinate targeting. The Department believes that this control could be more precise. Swarming is not simply the ability to avoid collisions, maintain formation, and work cooperatively. Swarming requires the ability to adapt in real-time to changes in operational/threat environment or to deliver munitions on a target. Therefore, the Department updated USML Category VIII(h)(12). The Department received feedback from industry that commercial drones will make use of airborne radars that are currently described by the control text in USML Category XI(a)(3)(i) and XI(a)(3)(xii). The Department recognizes the importance of commercial drones to the U.S. economy and the importance that those drones have effective detect-and- avoid radar to minimize collisions. Therefore, the Department has added a note to USML Category XI(a)(3)(i), to allow commodity jurisdiction reviews for radars, such as those meeting the criteria of the forthcoming Federal Aviation Administration (FAA) Minimum Operational Performance Standards (MOPS) to support sense and avoid operations of UAVs, and revised the Note to USML Category XI(a)(3)(xii) to increase the power threshold of articles that are not controlled by the paragraph. The Department received feedback from industry that the control text in USML Category XI(c)(4) will capture electronic components required for 5G wireless technology. The Department does not intend the USML to include civil communications systems. Therefore, the Department revised USML Category XI(c)(4) to implement power thresholds that will exclude those components necessary for 5G wireless technology, but maintain control on those items that do provide the United States a critical military or intelligence advantage. Comment Submissions Interested parties may submit comments within 45 days of the date of publication. Comments received after that date may be considered if feasible, but consideration cannot be assured. Those submitting comments should not include any personally identifying information they do not desire 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 website 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. Regulatory Findings Administrative Procedure Act This rulemaking is exempt from section[thinsp]553 (Rulemaking) and section[thinsp]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. 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 as a final rule with 45-day provision for public comment, without prejudice to its determination that controlling the import and export of defense services is a military or foreign affairs function. The Department will review and respond to all relevant comments and make any necessary amendments. 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 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 rule is being treated as a ``significant regulatory action,'' although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget (OMB). The Department believes that benefits of the rulemaking, narrowing and clarifying the scope of existing USML controls and removing certain notification requirements, outweigh any costs to implement these changes. 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 final rule is being reviewed as an E.O. 13771 deregulatory action. This rule will remove regulatory uncertainty regarding the controls on the [[Page 50006]] commercial aspects of these technologies that could prevent U.S. companies from investing in next generation technologies. List of Subjects 22 CFR Part 121 Arms and munitions, Classified information, Exports. 22 CFR Part 123 Arms and munitions, Exports, Reporting and recordkeeping. For reasons stated in the preamble, the State Department amends 22 CFR parts 121 and 123 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. Section 121.1 is amended as follows: 0 a. In Category IV, redesignate Note to Paragraph (d) as Note 1 to Paragraph (d) and add Note 2 to paragraph (d); 0 b. In Category V, add Note 3 to USML Category V; 0 c. In Category VIII, revise paragraph (h)(12); 0 d. In Category XI, add Note to Paragraph (a)(3)(i), revise Note to Paragraph (a)(3)(xii), and revise paragraph (c)(4); and 0 e. In Category XV, revise the second and third sentences of paragraph (f). The additions and revisions read as follows: Sec. 121.1 The United States Munitions List. * * * * * Category IV--Launch Vehicles, Guided Missiles, Ballistic Missiles, Rockets, Torpedoes, Bombs, and Mines * * * * * (d) * * * Note 2 to Paragraph (d): This paragraph does not control thrusters for spacecraft. * * * * * Category V--Explosives and Energetic Materials, Propellants, Incendiary Agents, and Their Constituents * * * * * Note 3 to USML Category V: Items controlled in this Category, except for materials described in paragraph (c)(6), (h), or (i), are licensed by the Department of Commerce when incorporated into an item subject to the EAR and classified under ECCN 1C608. * * * * * Category VIII--Aircraft and Related Articles * * * * * (h) * * * (12) Unmanned aerial vehicle (UAV) flight control systems and vehicle management systems with swarming capability (i.e. UAVs that operate autonomously (without human input) to interact with each other to avoid collisions, fly in formations, and are capable of adapting in real-time to changes in operational/threat environment, 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); * * * * * Category XI--Military Electronics (a) * * * * (3) * * * (i) * * * Note to Paragraph (a)(3)(i): This paragraph does not control radars that: (1) Are incapable of free space detection of 1 square meter Radar Cross Section (RCS) target beyond 8 nautical miles (nmi); (2) contain a radar update rate of not more than 1Hz; and (3) employ a design determined to be subject to the EAR via a commodity jurisdiction determination (see Sec. 120.4 of this subchapter). * * * * * (xii) * * * Note to Paragraph (a)(3)(xii): This paragraph does not control radars not otherwise controlled in this subchapter, operating with a peak transmit power less than or equal to 550 watts, and employing a design determined to be subject to the EAR via a commodity jurisdiction determination (see Sec. 120.4 of this subchapter). * * * * * (c) * * * (4) Transmit/receive modules, transmit/receive monolithic microwave integrated circuits (MMICs), transmit modules, and transmit MMICs having all of the following: (i) A peak saturated power output (in watts), Psat, greater than 505.62 divided by the maximum operating frequency (in GHz) squared [Psat > 505.62 W * GHz2/fGHz2] for any channel; (ii) A fractional bandwidth of 5% or greater for any channel; (iii) Any planar side with length d (in cm) equal to or less than 15 divided by the lowest operating frequency in GHz [d <= 15cm * GHz/ fGHz]; and (iv) At least one electronically variable phase shifter per channel. Note 1 to Paragraph (c)(4): A MMIC: (a) Is formed by means of diffusion processes, implantation processes, or deposition processes in or on a single semiconducting piece of material; (b) can be considered as indivisibly associated; (c) performs the function(s) of a circuit; and (d) operates at microwave frequencies (i.e., 300 MHz to 300 GHz). Note 2 to Paragraph (c)(4): A transmit/receive module is a multifunction electronic assembly that provides bi-directional amplitude and phase control for transmission and reception of signals. Note 3 to Paragraph (c)(4): A transmit module is an electronic assembly that provides amplitude and phase control for transmission of signals. Note 4 to Paragraph (c)(4): A transmit/receive MMIC is a multifunction MMIC that provides bi-directional amplitude and phase control for transmission and reception of signals. Note 5 to Paragraph (c)(4): A transmit MMIC is a MMIC that provides amplitude and phase control for transmission of signals. Note 6 to Paragraph (c)(4): USML Category XI(c)(4) applies to transmit/receive modules and to transmit modules, with or without a heat sink. The value of length d in USML Category XI(c)(4)(iii) does not include any portion of the transmit/receive module or transmit module that functions as a heat sink. Note 7 to Paragraph (c)(4): Transmit/receive modules, transmit modules, transmit/receive MMICs, and transmit MMICs may or may not have N integrated radiating antenna elements, where N is the number of transmit or transmit/receive channels. Note 8 to Paragraph (c)(4): Fractional bandwidth is the bandwidth over which output power remains constant within 3 dB (without the adjustment of other operating parameters), divided by the center frequency, and multiplied by 100. Fractional bandwidth is expressed as a percentage. * * * * * Category XV--Spacecraft and Related Articles * * * * * (f) * * * Defense services include the furnishing of assistance (including training) to a foreign person in the integration of a satellite or spacecraft to a launch vehicle, including both planning and onsite support, regardless of the jurisdiction, ownership, or origin of the satellite or spacecraft, or whether technical data is used. It also includes the furnishing of assistance (including training) to a foreign person in the launch failure analysis of a satellite or spacecraft, regardless of the jurisdiction, ownership, or origin of the satellite of [[Page 50007]] spacecraft, or whether technical data is used. * * * * * * * * PART 123--LICENSES FOR THE EXPORT AND TEMPORARY IMPORT OF DEFENSE ARTICLES 0 3. The authority citation for part 123 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. 2753; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 105-261, 112 Stat. 1920; Sec. 1205(a), Pub. L. 107- 228; Sec. 520, Pub. L. 112-55; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129. 0 4. Section 123.22 is amended by revising paragraphs (b)(3)(i) and (c)(2) to read as follows: Sec. 123.22 Filing, retention, and return of export licenses and filing of export information. * * * * * (b) * * * (3) * * * (i) Technical data license. Prior to the permanent export of technical data licensed using a Form DSP-5, the applicant shall electronically provide export information using the system for direct electronic reporting to DDTC of export information and self-validate the original of the license. Exports of copies of the licensed technical data should be made in accordance with existing exemptions in this subchapter. Should an exemption not apply, the applicant may request a new license. * * * * * (c) * * * (2) Licenses issued by DDTC but not decremented by U.S. Customs and Border Protection through its electronic system(s) (e.g., oral or visual technical data releases) must be maintained by the applicant in accordance with Sec. 122.5 of this subchapter. * * * * * Andrea Thompson, Under Secretary for Arms Control and International Security, U.S. Department of State. [FR Doc. 2018-21422 Filed 10-3-18; 8:45 am] BILLING CODE 4710-25-P
![Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations 50003
TABLE 53 TO PART 679—GROUNDFISH LLP LICENSES THAT REQUIRE QUALIFIED LANDINGS ASSIGNMENT TO BE ELIGIBLE
FOR A BSAI TRAWL LIMITED ACCESS SECTOR YELLOWFIN SOLE DIRECTED FISHERY ENDORSEMENT
[X indicates that Column A applies]
Column A Column B
A single vessel was designated on the following pairs of groundfish The owner of the vessel designated on the pair of LLP licenses in Col-
LLP licenses during the qualifying period identified in 50 CFR umn A must notify NMFS which LLP license from each pair in Col-
679.4(k)(14)(ii)(A)(1) . . . umn A is to be credited with qualifying landing(s) under 50 CFR
679.4(k)(14)(vi)(B)(2).
LLG 3838 and LLG 2702 .................................................................. X.
LLG 3902 and LLG 3826 .................................................................. X.
[FR Doc. 2018–21632 Filed 10–3–18; 8:45 am] Responses to Regulatory Reform warrant continued control on the
BILLING CODE 3510–22–P Comments and Other Feedback USML.
One commenter requested that the
On January 30, 2017, the President
Department eliminate the requirement
issued Executive Order 13771, Reducing
DEPARTMENT OF STATE to return licenses for tech data, in
Regulation and Controlling Regulatory
§ 123.22(b)(3)(i) and (c)(2) (all citations
Costs. On February 24, 2017, the
22 CFR Parts 121 and 123 are to 22 CFR). Exporters are required to
President issued Executive Order 13777,
return licenses for the export of
[Public Notice 10349] Enforcing the Regulatory Reform
technical data to the Department after
Agenda. the initial export of all of the approved
RIN 1400–AE52 On July 14, 2017, the Department technical data. Exporters are also
published a Request for Comments in required to return all licenses that are
Regulatory Reform Revisions to the
the Federal Register (82 FR 32493) to exported against, but not electronically
International Traffic in Arms
get feedback from the public on how it decremented. The Department has
Regulations
could achieve meaningful burden reviewed the comments and the use of
AGENCY:Department of State. reduction while continuing to achieve the returned licenses and has
Interim final rule; request for
ACTION: the Department’s statutory obligations. determined that it can garner the
comments. The Department sought comments on necessary information via other means.
the Department regulations, guidance The Department accepts these changes
SUMMARY: In response to public documents, and collections of and will remove the relevant language
comments, the Department of State information that members of the public in § 123.22(b)(3)(i) and (c)(2).
removes certain notification believe should be removed or modified Two commenters requested that the
requirements from the International to alleviate unnecessary burdens. The Department eliminate the Initial Export
Traffic in Arms Regulations and revises Department also requested economic Notification in § 123.22(b)(3)(ii). The
several entries on the United States data to support any proposed changes. Department does not accept these
Munitions List to remove items that do In response to the July 14, 2017 changes. Section 123.22(b)(3)(ii)
not warrant continued inclusion. request for comments, the Department requires that prior to the initial export
Specifically, this rule adds notes to received several comments related to of any technical data or defense services
USML Category IV and V, revises the International Traffic in Arms under an Agreement, the Agreement
control text in USML Categories VIII, XI Regulations (ITAR). The Department has holder inform DDTC that exports are
and XV, and revises a section of the concluded its review of two of the beginning. These notifications are for
regulations. comments and has accepted one of the exports of defense articles and defense
DATES:
changes suggested. The Department services that are generally not reported
Effective date: This rule is effective on received several additional comments, to the U.S. government through the
October 4, 2018. which we are beginning to review. Any Automated Export System and as such,
Comments due date: Interested parties response to these additional comments, these notifications are often the only
may submit comments by November 19, none of which are relevant to this way that the Department knows that the
2018. rulemaking, will be done via a separate export has occurred.
rule. These comments and the Two commenters requested that the
ADDRESSES: Interested parties may
Department’s responses are set forth Department eliminate the notification of
submit comments by one of the below. The Department has also termination in § 124.6. The Department
following methods: received feedback from the public, the does not accept these changes. Section
• Email: DDTCPublicComments@ regulated industry, and other 124.6 requires that an Agreement holder
state.gov with the subject line, government and private sector experts, inform DDTC of the impending
‘‘Regulatory Reform Revisions’’ through a variety of formal and informal termination of the agreement not less
• Internet: At www.regulations.gov, channels, that several entries on the than 30 days prior to the expiration date
search for this notice using Docket United States Munitions List (USML) of such agreement. The Department uses
DOS–2018–0020. are controlling items that are, or soon this notification as part of its
FOR FURTHER INFORMATION CONTACT: will be, in normal commercial use. The compliance assessment practices.
daltland on DSKBBV9HB2PROD with RULES
Mr. Robert Monjay, Office of Defense Department has determined that it can However, the Department is undertaking
Trade Controls Policy, Department of revise certain entries in a manner a modernization of its IT systems for
State, telephone (202) 663–2817; email consistent with the objectives set forth export licensing and will review
monjayr@state.gov. ATTN: Regulatory in Executive Order 13777 to remove the whether an IT solution can be put in
Reform Revisions. controls on these items, while place to allow the elimination of this
SUPPLEMENTARY INFORMATION: maintaining control on those items that notification requirement.
VerDate Sep<11>2014 16:25 Oct 03, 2018 Jkt 247001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\04OCR1.SGM 04OCR1](https://thefederalregister.org/doc/83_FR_50196/page/1.svg)
![50006 Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations
commercial aspects of these subject to the EAR and classified under Note 1 to Paragraph (c)(4): A MMIC: (a) Is
technologies that could prevent U.S. ECCN 1C608. formed by means of diffusion processes,
companies from investing in next implantation processes, or deposition
* * * * * processes in or on a single semiconducting
generation technologies.
Category VIII—Aircraft and Related piece of material; (b) can be considered as
List of Subjects Articles indivisibly associated; (c) performs the
function(s) of a circuit; and (d) operates at
22 CFR Part 121 * * * * * microwave frequencies (i.e., 300 MHz to 300
Arms and munitions, Classified (h) * * * GHz).
information, Exports. (12) Unmanned aerial vehicle (UAV)
flight control systems and vehicle Note 2 to Paragraph (c)(4): A transmit/
22 CFR Part 123 management systems with swarming receive module is a multifunction electronic
capability (i.e. UAVs that operate assembly that provides bi-directional
Arms and munitions, Exports, amplitude and phase control for transmission
Reporting and recordkeeping. autonomously (without human input) to
and reception of signals.
interact with each other to avoid
For reasons stated in the preamble, collisions, fly in formations, and are
the State Department amends 22 CFR Note 3 to Paragraph (c)(4): A transmit
capable of adapting in real-time to module is an electronic assembly that
parts 121 and 123 as follows: changes in operational/threat provides amplitude and phase control for
environment, or, if weaponized, transmission of signals.
PART 121—THE UNITED STATES
coordinate targeting) (MT if for an
MUNITIONS LIST Note 4 to Paragraph (c)(4): A transmit/
aircraft, excluding manned aircraft, or
missile that has a ‘‘range’’ equal to or receive MMIC is a multifunction MMIC that
■ 1. The authority citation for part 121 provides bi-directional amplitude and phase
continues to read as follows: greater than 300 km);
control for transmission and reception of
* * * * * signals.
Authority: Secs. 2, 38, and 71, Pub. L. 90–
629, 90 Stat. 744 (22 U.S.C. 2752, 2778, Category XI—Military Electronics
2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 Note 5 to Paragraph (c)(4): A transmit
Stat. 1920; Section 1261, Pub. L. 112–239; (a) * * * MMIC is a MMIC that provides amplitude
E.O. 13637, 78 FR 16129. * (3) * * * and phase control for transmission of signals.
(i) * * *
■ 2. Section 121.1 is amended as Note 6 to Paragraph (c)(4): USML Category
Note to Paragraph (a)(3)(i): This paragraph
follows: does not control radars that: (1) Are XI(c)(4) applies to transmit/receive modules
■ a. In Category IV, redesignate Note to incapable of free space detection of 1 square and to transmit modules, with or without a
Paragraph (d) as Note 1 to Paragraph (d) meter Radar Cross Section (RCS) target heat sink. The value of length d in USML
and add Note 2 to paragraph (d); beyond 8 nautical miles (nmi); (2) contain a Category XI(c)(4)(iii) does not include any
radar update rate of not more than 1Hz; and portion of the transmit/receive module or
■ b. In Category V, add Note 3 to USML
(3) employ a design determined to be subject transmit module that functions as a heat sink.
Category V;
to the EAR via a commodity jurisdiction
■ c. In Category VIII, revise paragraph determination (see § 120.4 of this Note 7 to Paragraph (c)(4): Transmit/
(h)(12); subchapter). receive modules, transmit modules, transmit/
■ d. In Category XI, add Note to receive MMICs, and transmit MMICs may or
Paragraph (a)(3)(i), revise Note to * * * * * may not have N integrated radiating antenna
Paragraph (a)(3)(xii), and revise (xii) * * * elements, where N is the number of transmit
or transmit/receive channels.
paragraph (c)(4); and Note to Paragraph (a)(3)(xii): This
■ e. In Category XV, revise the second paragraph does not control radars not
Note 8 to Paragraph (c)(4): Fractional
and third sentences of paragraph (f). otherwise controlled in this subchapter,
bandwidth is the bandwidth over which
operating with a peak transmit power less
The additions and revisions read as output power remains constant within 3 dB
than or equal to 550 watts, and employing a
follows: (without the adjustment of other operating
design determined to be subject to the EAR
via a commodity jurisdiction determination parameters), divided by the center frequency,
§ 121.1 The United States Munitions List. and multiplied by 100. Fractional bandwidth
(see § 120.4 of this subchapter).
* * * * * is expressed as a percentage.
* * * * *
Category IV—Launch Vehicles, Guided (c) * * * * * * * *
Missiles, Ballistic Missiles, Rockets, (4) Transmit/receive modules, Category XV—Spacecraft and Related
Torpedoes, Bombs, and Mines transmit/receive monolithic microwave Articles
* * * * * integrated circuits (MMICs), transmit
modules, and transmit MMICs having * * * * *
(d) * * *
all of the following: (f) * * * Defense services include the
Note 2 to Paragraph (d): This paragraph (i) A peak saturated power output (in furnishing of assistance (including
does not control thrusters for spacecraft.
watts), Psat, greater than 505.62 divided training) to a foreign person in the
* * * * * by the maximum operating frequency integration of a satellite or spacecraft to
(in GHz) squared [Psat > 505.62 W * a launch vehicle, including both
Category V—Explosives and Energetic GHz2/fGHz2] for any channel; planning and onsite support, regardless
Materials, Propellants, Incendiary (ii) A fractional bandwidth of 5% or of the jurisdiction, ownership, or origin
Agents, and Their Constituents of the satellite or spacecraft, or whether
daltland on DSKBBV9HB2PROD with RULES
greater for any channel;
* * * * * (iii) Any planar side with length d (in technical data is used. It also includes
Note 3 to USML Category V: Items cm) equal to or less than 15 divided by the furnishing of assistance (including
controlled in this Category, except for the lowest operating frequency in GHz training) to a foreign person in the
materials described in paragraph (c)(6), (h), [d ≤ 15cm * GHz/fGHz]; and launch failure analysis of a satellite or
or (i), are licensed by the Department of (iv) At least one electronically spacecraft, regardless of the jurisdiction,
Commerce when incorporated into an item variable phase shifter per channel. ownership, or origin of the satellite of
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![Federal Register / Vol. 83, No. 193 / Thursday, October 4, 2018 / Rules and Regulations 50007
spacecraft, or whether technical data is DEPARTMENT OF HOMELAND The Alfred C. Cunningham Bridge is
used. * * * SECURITY used by a variety of vessels including
* * * * * recreational vessels, tug and barge
Coast Guard traffic, fishing vessels, and small
PART 123—LICENSES FOR THE commercial vessels. The Coast Guard
EXPORT AND TEMPORARY IMPORT 33 CFR Part 117 has carefully considered the nature and
OF DEFENSE ARTICLES [Docket No. USCG–2018–0925]
volume of vessel traffic on the waterway
in publishing this temporary deviation.
Drawbridge Operation Regulation; Vessels able to pass through the
■ 3. The authority citation for part 123 bridge in the closed position may do so
continues to read as follows: Trent River, New Bern, NC
at anytime. The bridge will be able to
Authority: Secs. 2, 38, and 71, Pub. L. 90– AGENCY: Coast Guard, DHS. open for emergencies and there is no
629, 90 Stat. 744 (22 U.S.C. 2752, 2778, ACTION:Notice of deviation from immediate alternate route for vessels
2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22 drawbridge regulation. unable to pass through the bridge in the
U.S.C. 2776; Pub. L. 105–261, 112 Stat. 1920; closed position. The Coast Guard will
Sec. 1205(a), Pub. L. 107–228; Sec. 520, Pub. SUMMARY: The Coast Guard has issued a also inform the users of the waterways
L. 112–55; Section 1261, Pub. L. 112–239; temporary deviation from the operating through our Local and Broadcast
E.O. 13637, 78 FR 16129. schedule that governs the U.S. 70 Notices to Mariners of the change in
(Alfred C. Cunningham) Bridge across operating schedule for the bridge so that
■ 4. Section 123.22 is amended by the Trent River, mile 0.0, at New Bern, vessel operators can arrange their
revising paragraphs (b)(3)(i) and (c)(2) to NC. The deviation is necessary to transits to minimize any impact caused
read as follows: accommodate the free movement of by the temporary deviation.
pedestrians and vehicles during the In accordance with 33 CFR 117.35(e),
§ 123.22 Filing, retention, and return of 2018 Mumfest celebration. This the drawbridge must return to its regular
export licenses and filing of export deviation allows the bridge to remain in operating schedule immediately at the
information. the closed-to-navigation position. end of the effective period of this
* * * * * DATES: This deviation is effective from temporary deviation. This deviation
(b) * * * 9:30 a.m. on October 13, 2018, to 6:30 from the operating regulations is
p.m. on October 14, 2018. authorized under 33 CFR 117.35.
(3) * * *
ADDRESSES: The docket for this Dated: September 27, 2018.
(i) Technical data license. Prior to the deviation, [USCG–2018–0925], is Hal R. Pitts,
permanent export of technical data available at http://www.regulations.gov. Bridge Program Manager, Fifth Coast Guard
licensed using a Form DSP–5, the Type the docket number in the District.
applicant shall electronically provide ‘‘SEARCH’’ box and click ‘‘SEARCH’’. [FR Doc. 2018–21620 Filed 10–3–18; 8:45 am]
export information using the system for Click on Open Docket Folder on the line BILLING CODE 9110–04–P
direct electronic reporting to DDTC of associated with this deviation.
export information and self-validate the FOR FURTHER INFORMATION CONTACT: If
original of the license. Exports of copies you have questions on this temporary ENVIRONMENTAL PROTECTION
of the licensed technical data should be deviation, call or email Mr. Mickey AGENCY
made in accordance with existing Sanders, Bridge Administration Branch
exemptions in this subchapter. Should Fifth District, Coast Guard; telephone 40 CFR Part 52
an exemption not apply, the applicant (757) 398–6587, email [EPA–R09–OAR–2018–0233; FRL–9982–44–
may request a new license. Mickey.D.Sanders2@uscg.mil. Region 9]
* * * * * SUPPLEMENTARY INFORMATION: The Event
Director, Swiss Bear Inc., with approval Air Plan Approval; California; San
(c) * * * Diego County Air Pollution Control
from the North Carolina Department of
(2) Licenses issued by DDTC but not Transportation, who owns and operates District; Stationary Source Permits and
decremented by U.S. Customs and the U.S. 70 (Alfred C. Cunningham) Exemptions
Border Protection through its electronic Bridge, has requested a temporary AGENCY: Environmental Protection
system(s) (e.g., oral or visual technical deviation from the current operating Agency (EPA).
data releases) must be maintained by the regulations to accommodate the free ACTION: Final rule.
applicant in accordance with § 122.5 of movement of pedestrians and vehicles
this subchapter. during the 2018 Mumfest. The bridge is SUMMARY: The Environmental Protection
* * * * * a double bascule bridge and has a Agency (EPA) is taking final action to
vertical clearance in the closed position approve and conditionally approve
Andrea Thompson, of 14 feet above mean high water. revisions to the San Diego County Air
Under Secretary for Arms Control and The current operating schedule is set Pollution Control District (SDAPCD or
International Security, U.S. Department of out in 33 CFR 117.843(a). Under this ‘‘District’’) portion of the California
State. temporary deviation, the bridge will be State Implementation Plan (SIP). These
[FR Doc. 2018–21422 Filed 10–3–18; 8:45 am] maintained in the closed-to-navigation revisions concern the District’s New
BILLING CODE 4710–25–P position and open every two hours, on Source Review (NSR) permitting
the hour, from 9:30 a.m. to 7:30 p.m. on program for new and modified sources
daltland on DSKBBV9HB2PROD with RULES
Saturday, October 13, 2018, and from of air pollution under section
9:30 a.m. to 6:30 p.m. on Sunday, 110(a)(2)(C) and part D of title I of the
October 14, 2018. From 7:30 p.m. on Clean Air Act (CAA or the Act). This
Saturday, October 13, 2018, to 9:30 a.m. action updates the SDAPCD’s applicable
on Sunday, October 14, 2018, the SIP with current SDAPCD permitting
drawbridge will open on signal. rules.
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Document Created: 2018-10-04 02:03:00
Document Modified: 2018-10-04 02:03:00
| 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 | Interim final rule; request for comments. | |
| Dates | Effective date: This rule is effective on October 4, 2018. | |
| Contact | Mr. Robert Monjay, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2817; email [email protected] ATTN: Regulatory Reform Revisions. | |
| FR Citation | 83 FR 50003 | |
| RIN Number | 1400-AE52 | |
| CFR Citation | 22
CFR
121 22 CFR 123 | |
| CFR Associated | Arms and Munitions; Classified Information; Exports and Reporting and Recordkeeping |
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