83 FR 5968 - Request for Public Comments Regarding Controls on Energetic Materials, Armored and Protective “Equipment” and Military Electronics
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 29 (February 12, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 29 (February 12, 2018)
| Page Range | 5968-5970 | |
| FR Document | 2018-02496 |
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)] [Proposed Rules] [Pages 5968-5970] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02496] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 170721692-8078-01] RIN 0694-XC037 Request for Public Comments Regarding Controls on Energetic Materials, Armored and Protective ``Equipment'' and Military Electronics AGENCY: Bureau of Industry and Security, Commerce. ACTION: Notice of Inquiry; request for comments. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS), Department of Commerce, is seeking public comments to perform a complementary review of items on the Commerce Control List concurrent with the Department of State's review of the controls implemented in its recent revisions of parts of the United States Munitions List (which control explosives and energetic materials, propellants, incendiary agents and their constituents; personal protective equipment; and military electronics), to ensure that the descriptions of these items on the CCL are clear, items for normal commercial use are not inadvertently controlled as military items on the USML, technological developments are accounted for on the control lists, and controls properly implement the national security and foreign policy objectives of the United States. This Notice of Inquiry also furthers the regulatory reform agenda directed by the President in Executive Order 13777. DATES: Comments must be received by BIS no later than April 13, 2018. ADDRESSES: Comments may be submitted through the Federal rulemaking portal (http://www.regulations.gov). The regulations.gov ID number for this rule is BIS-2018-0004. All comments (including any personally identifying information) will be made available for public inspection and copying. FOR FURTHER INFORMATION CONTACT: For technical questions relating to the item. For questions regarding energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608) or personal protective equipment, shelters and related items (ECCNs 1A613, 1B613, 1D613 and 1E613), contact Joseph Giunta in the Office of National Security and Technology Transfer Controls, Electronics and Materials Division at (202) 482-3127 or [email protected]. For questions relating to [[Page 5969]] military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611), contact Brian Baker, Director, Electronics and Materials Division, Office of National Security and Technology Transfer Controls at (202) 482-5534 or [email protected]. For questions relating to cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620), contact Michael Tu in the Office of National Security and Technology Transfer Controls, Sensors and Aviation Division at (202) 482-6462 or [email protected]. For licensing questions related to the item. For general questions regarding license applications for ``600 series'' ECCNs, contact Thomas DeFee or Christopher Williams in the Office of Strategic Industries and Economic Security, Munitions Control Division, at (202) 482-4506 or at [email protected] or [email protected]. For ``600 series'' licenses regarding energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608) or personal protective equipment, shelters and related items (ECCNs 1A613, 1B613, 1D613 and 1E613), contact Kylie Gaskins, Munitions Control Division at (202) 482-3064 or [email protected]. For ``600 series'' licenses relating to military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611) and cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620), contact Adam Duvall, Munitions Control Division at (202) 482- 6534 or [email protected]. SUPPLEMENTARY INFORMATION: Background The Bureau of Industry and Security (BIS), Department of Commerce, maintains the Export Administration Regulations, including the Commerce Control List (CCL). The items controlled under the ``600 series'' entries on the CCL were previously controlled on the United States Munitions List (USML), which is part of the International Traffic in Arms Regulations (ITAR), maintained by the Department of State. These items, including energetic materials, armored and protective ``equipment'' and military electronics, were determined by the President to not warrant control on the USML. Through this Notice of Inquiry (NOI), BIS is seeking public comments to perform a complementary review of energetic materials, armored and protective ``equipment'' and military electronics and related items therefor, on the CCL, concurrent with the Department of State's review of the controls implemented in its recent revisions to Categories V, X and XI of the USML (which control explosives and energetic materials, propellants, incendiary agents and their constituents, personal protective equipment, and military electronics), to ensure that the descriptions of these items on the CCL are clear, items for normal commercial use are not inadvertently controlled as military items on the USML, technological developments are accounted for on the control lists, and controls properly implement the national security and foreign policy objectives of the United States. Specifically, BIS is soliciting comments on the clarity, usability and any other matters related to implementation of the ``600 series'' Export Control Classification Numbers (ECCNs) that control the following items, as well as certain items related thereto: energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608); armored and protective ``equipment'' (ECCNs 1A613, 1B613, 1D613, 1E613); military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611); and cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620). A core element of the transfer of certain articles on the USML to ``600 series'' ECCNs on the CCL has been the streamlining of categories on the USML, resulting in the control on the CCL of items that the President determines do not warrant USML control. On December 10, 2010, the Department of State provided notice to the public of its intent to revise the USML to create a more ``positive list'' that describes controlled items using, to the extent possible, objective criteria rather than broad, open-ended, subjective, or design intent-based criteria (see 75 FR 76935). As a practical matter, this meant revising USML categories so that, with some exceptions, the descriptions of defense articles that continued to warrant control under the USML did not use catch-all phrases to control unspecified items. With limited exceptions, the defense articles that warranted control under the USML were those that provided the United States with a critical military or intelligence advantage. All other items were to become subject to the export licensing jurisdiction of the EAR. Since that time, the Department of State has published final rules setting forth revisions for eighteen USML categories, each of which has been reorganized into a uniform and more ``positive list'' structure. In coordination with the Department of State, the Department of Commerce has published final rules that made corresponding revisions to the CCL by controlling items that the President has determined do not warrant control on the USML. The advantage of revising the USML into a positive list is that its controls can be tailored to satisfy the national security and foreign policy objectives of the U.S. Government by maintaining control over those defense articles that provide a critical military or intelligence advantage, or otherwise warrant control under the ITAR, without inadvertently controlling items in normal commercial use. However, this approach requires that the USML and the CCL be regularly reviewed and updated to account for the following: technological developments; issues identified by exporters and reexporters involving the practical application of these controls; and changes in the military and commercial applications of items affected by the USML or by the corresponding ``600 series'' ECCNs on the CCL. Consistent with the approach described above, this NOI requests public comments as part of a review of changes to the EAR that complements a similar review the Department of State is performing with respect to the ITAR. As discussed above, the Departments of State and Commerce reviews are being undertaken to follow up on sets of rules published by the Departments of State and Commerce. These rules implemented revisions to the following categories of the USML: Category V (explosives and energetic materials, propellants, incendiary agents and their constituents), effective July 1, 2014 (see 79 FR 34); Category X (protective personnel equipment), effective July 1, 2014 (see 79 FR 34); and Category XI (military electronics), effective December 30, 2014 (see 79 FR 37536). These rules also added the following ``600 series'' ECCNs to the CCL: ECCNs 1B608, 1C608, 1D608, 1E608, 1A613, 1B613, 1D613 and 1E613, effective July 1, 2014 (see 79 FR 264), and ECCNs 3A611, 3B611, 3D611, 3E611, 9A620, 9B620, 9D620 and 9E620, effective December 30, 2014 (see 79 FR 37551). The Department of State is seeking comments from the public on the condition and efficacy of the revised Categories V, X, and XI and whether they are meeting the objectives for the list revisions. BIS will make any changes to the CCL that it determines are necessary to complement revisions to the USML by the Department of State. In addition, through this NOI, BIS is independently seeking comments on how to improve the implementation of these ``600 series'' ECCNs on the CCL. [[Page 5970]] BIS is also seeking comments on potential cost savings to private entities from shifting control of specific commercial items from USML to the CCL. To the extent possible, please quantify the cost of compliance with USML control of commercial items, to include the time saved, the reduction in paperwork, and any other cost savings for a particular change. Dated: January 31, 2018. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2018-02496 Filed 2-9-18; 8:45 am] BILLING CODE 3510-33-P
![5968 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules
designation listed in this document will (Lat. 33°29′39″ N, long. 90°05′05″ W) DEPARTMENT OF COMMERCE
be published subsequently in the Order. That airspace extending upward from the
surface to and including 2,700 feet MSL Bureau of Industry and Security
Regulatory Notices and Analyses
within a 4.4-mile radius of Greenwood-
The FAA has determined that this Leflore Airport. This Class D airspace area is 15 CFR Part 774
proposed regulation only involves an effective during the specific dates and times [Docket No. 170721692–8078–01]
established body of technical established in advance by a Notice to
regulations for which frequent and Airmen. The effective dates and times will RIN 0694–XC037
routine amendments are necessary to thereafter be continuously published in the
keep them operationally current. It, Chart Supplement. Request for Public Comments
therefore: (1) Is not a ‘‘significant Regarding Controls on Energetic
Paragraph 6002 Class E Surface Area Materials, Armored and Protective
regulatory action’’ under Executive
Airspace. ‘‘Equipment’’ and Military Electronics
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies * * * * *
AGENCY: Bureau of Industry and
and Procedures (44 FR 11034; February ASO MS E2 Greenwood, MS [Amended] Security, Commerce.
26, 1979); and (3) does not warrant ACTION: Notice of Inquiry; request for
Greenwood-Leflore Airport, MS
preparation of a Regulatory Evaluation comments.
(Lat. 33°29′39″ N, long. 90°05′05″ W)
as the anticipated impact is so minimal.
Since this is a routine matter that will Within a 4.4-mile radius of Greenwood- SUMMARY: The Bureau of Industry and
only affect air traffic procedures and air Leflore Airport. This Class E airspace area is Security (BIS), Department of
navigation, it is certified that this effective during the specific dates and times Commerce, is seeking public comments
proposed rule, when promulgated, will established in advance by a Notice to to perform a complementary review of
Airmen. The effective date and time will
not have a significant economic impact items on the Commerce Control List
thereafter be continuously published in the
on a substantial number of small entities concurrent with the Department of
Chart Supplement.
under the criteria of the Regulatory State’s review of the controls
Flexibility Act. Paragraph 6004 Class E Airspace implemented in its recent revisions of
Designated as an Extension to a Class D parts of the United States Munitions List
Environmental Review Surface Area. (which control explosives and energetic
This proposal will be subject to an * * * * * materials, propellants, incendiary agents
environmental analysis in accordance and their constituents; personal
with FAA Order 1050.1F, ASO MS E4 Greenwood, MS [Amended] protective equipment; and military
‘‘Environmental Impacts: Policies and Greenwood-Leflore Airport, MS electronics), to ensure that the
Procedures’’ prior to any FAA final (Lat. 33°29′39″ N, long. 90°05′05″ W) descriptions of these items on the CCL
regulatory action. Sidon VORTAC are clear, items for normal commercial
(Lat. 33°27′50″ N, long. 90°16′38″ W) use are not inadvertently controlled as
Lists of Subjects in 14 CFR Part 71
That airspace extending upward from the military items on the USML,
Airspace, Incorporation by reference, surface within 1.4 miles each side of the technological developments are
Navigation (air). Sidon VORTAC 079° radial, extending from accounted for on the control lists, and
The Proposed Amendment the 4.4-miles radius of Greenwood-Leflore controls properly implement the
Airport to 4 miles east of the VORTAC. national security and foreign policy
In consideration of the foregoing, the objectives of the United States. This
Federal Aviation Administration Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Notice of Inquiry also furthers the
proposes to amend 14 CFR part 71 as regulatory reform agenda directed by the
follows: Above the Surface of the Earth.
President in Executive Order 13777.
* * * * *
PART 71—DESIGNATION OF CLASS A, DATES: Comments must be received by
B, C, D, AND E AIRSPACE AREAS; AIR ASO MS E5 Greenwood, MS [Amended] BIS no later than April 13, 2018.
TRAFFIC SERVICE ROUTES; AND Greenwood-Leflore Airport, MS ADDRESSES: Comments may be
REPORTING POINTS (Lat. 33°29′39″ N, long. 90°05′05″ W) submitted through the Federal
Sidon VORTAC rulemaking portal (http://
■ 1. The authority citation for part 71 (Lat. 33°27′50″ N, long. 90°16’38″ W) www.regulations.gov). The
continues to read as follows: That airspace extending upward from 700 regulations.gov ID number for this rule
Authority: 49 U.S.C. 106(f), 106(g); 40103, feet above the surface within a 6.9-mile is BIS–2018–0004. All comments
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, radius of Greenwood-Leflore Airport and (including any personally identifying
1959–1963 Comp., p. 389. within 1.2 miles each side of the Sidon information) will be made available for
VORTAC 079° radial, extending from the 6.9- public inspection and copying.
§ 71.1 [Amended]
mile radius to 2 miles each of the VORTAC. FOR FURTHER INFORMATION CONTACT:
■ 2. The incorporation by reference in For technical questions relating to the
14 CFR 71.1 of Federal Aviation Issued in College Park, Georgia, on January
31, 2018.
item. For questions regarding energetic
Administration Order 7400.11B, materials (ECCNs 1B608, 1C608, 1D608
Airspace Designations and Reporting Ryan W. Almasy, and 1E608) or personal protective
daltland on DSKBBV9HB2PROD with PROPOSALS
Points, dated August 3, 2017, and Manager, Operations Support Group, Eastern equipment, shelters and related items
effective September 15, 2017, is Service Center, Air Traffic Organization. (ECCNs 1A613, 1B613, 1D613 and
amended as follows: [FR Doc. 2018–02555 Filed 2–9–18; 8:45 am] 1E613), contact Joseph Giunta in the
Paragraph 5000 Class D Airspace. BILLING CODE 4910–13–P Office of National Security and
* * * * * Technology Transfer Controls,
Electronics and Materials Division at
ASO MS D Greenwood, MS [Amended] (202) 482–3127 or Joseph.Giunta@
Greenwood-Leflore Airport, MS bis.doc.gov. For questions relating to
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![5970 Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules
BIS is also seeking comments on Department will publish all comments (see 80 FR 11314) and Categories VI, VII,
potential cost savings to private entities on the Directorate of Defense Trade XIII, and XX (see 80 FR 61138). As
from shifting control of specific Controls website indicated above, the subjects of this
commercial items from USML to the (www.pmddtc.state.gov). Therefore, Notice of Inquiry are Categories V and
CCL. To the extent possible, please commenters are cautioned not to X, which was most recently revised on
quantify the cost of compliance with include proprietary or other sensitive January 2, 2014 (see 79 FR 34), and
USML control of commercial items, to information in their comments. Category XI, which was most recently
include the time saved, the reduction in FOR FURTHER INFORMATION CONTACT: Ms. revised on July 1, 2014 (see 79 FR
paperwork, and any other cost savings Engda Wubneh, Office of Defense Trade 37536). Additionally, the Department
for a particular change. Controls Policy, Department of State, determined that it is in the interest of
Dated: January 31, 2018. telephone (202) 663–2816; email the security of the United States to
Richard E. Ashooh, wubnehem@state.gov. ATTN: Request temporarily revise USML Category XI
for Comments Regarding Review of paragraph (b), pursuant to the
Assistant Secretary for Export
Administration. USML Categories V, X and XI. provisions of 22 CFR 126.2, while a
SUPPLEMENTARY INFORMATION:
long-term solution is developed. A
[FR Doc. 2018–02496 Filed 2–9–18; 8:45 am]
recent final rule extends the July 2, 2015
BILLING CODE 3510–33–P List Review modification (80 FR 78130) to August
On December 10, 2010, the 30, 2018 to allow the U.S. government
Department provided notice to the to review USML Category XI in full and
DEPARTMENT OF STATE publish proposed and final rules. As
public of its intent to revise the USML
to create a ‘‘positive list’’ that describes with previous inquiries, the Department
22 CFR Part 121 seeks comment from the public on the
controlled items using, to the extent
[Public Notice 9980; Docket Number DOS– possible, objective criteria rather than condition and efficacy of these
2017–0017] broad, open-ended, subjective, catch-all, categories.
RIN 1400–AE46 or design intent-based criteria (see 75 Request for Comments
FR 76935). This meant revising USML
The Department requests public
Notice of Inquiry; Request for categories so that, with some
comment on USML Categories V, X and
Comments Regarding Review of exceptions, the descriptions of defense
XI. General comments on other aspects
United States Munitions List articles that continued to warrant
of the ITAR, to include other categories
Categories V, X, and XI control under the USML did not use
of the USML, are outside of the scope
catch-all phrases to control unspecified
Department of State.
AGENCY: of this inquiry. In order to contribute
items. With limited exceptions, the
Notice of Inquiry; request for
ACTION: effectively to the USML review process,
defense articles that warranted control
comments. all commenters are encouraged to
under the USML were those that
provide comments that are responsive
provided the United States with a
SUMMARY: The Department of State specifically to the prompts set forth
critical military or intelligence
requests comments from the public to below.
advantage. All other items were to The Department requests comment on
inform its review of the controls become subject to the Export
implemented in recent revisions to the following topics, as they relate to
Administration Regulations. Since that Categories V, X and XI:
Categories V, X, and XI of the United time, the Department has published
States Munitions List (USML). The 1. Emerging and new technologies
final rules setting forth revisions for 18 that are appropriately controlled by one
Department periodically reviews USML USML categories, each of which have
categories to ensure that they are clear, of the referenced categories, but which
been reorganized into a uniform and are not currently described in subject
do not inadvertently control items in more positive list structure.
normal commercial use, account for categories or not described with
The advantage of revising the USML sufficient clarity.
technological developments, and into a more positive list is that its
properly implement the national 2. Defense articles that are described
controls can be tailored to satisfy the in subject categories, but which have
security and foreign policy objectives of national security and foreign policy
the United States. entered into normal commercial use
objectives of the U.S. government by since the most recent revisions to the
DATES: The Department will accept maintaining control over those defense category at issue. For such comments,
comments on the Notice of Inquiry up articles that provide a critical military or be sure to include documentation to
to April 13, 2018. intelligence advantage, or otherwise support claims that defense articles
ADDRESSES: You may send comments, warrant control under the International have entered into normal commercial
identified by docket number DOS– Traffic in Arms Regulations (ITAR), use.
2017–0017, by any of the following without inadvertently controlling items 3. Defense articles for which
methods: in normal commercial use. This commercial use is proposed, intended,
• Email: DDTCPublicComments@ approach, however, requires that the or anticipated in the next 5 years.
state.gov. Include docket number DOS– lists be regularly revised and updated to 4. Drafting or other technical issues in
2017 in the subject line with, ‘‘Request account for technological developments, the text of all of the referenced
for Comments Regarding Review of practical application issues identified categories.
daltland on DSKBBV9HB2PROD with PROPOSALS
USML Categories V, X and XI.’’ by exporters and reexporters, and 5. Comments regarding USML
• Internet: At www.regulations.gov changes in the military and commercial Category XI paragraph (b) modification.
Follow the instructions for sending applications of items affected by the list. 6. Potential cost savings to private
comments using docket number, DOS– This Notice of Inquiry is the third in entities from shifting control of specific
2017–0017. a series of solicitations requesting commercial items from USML to the
Comments submitted through feedback on revised USML categories. Export Administration Regulations. To
www.regulations.gov will be visible to Previous Notices of Inquiry requested the extent possible, please quantify the
other members of the public; the comments on Categories VIII and XIX cost of compliance with USML control
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Document Created: 2018-11-01 08:43:14
Document Modified: 2018-11-01 08:43:14
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of Inquiry; request for comments. | |
| Dates | Comments must be received by BIS no later than April 13, 2018. | |
| Contact | For technical questions relating to the item. For questions regarding energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608) or personal protective equipment, shelters and related items (ECCNs 1A613, 1B613, 1D613 and 1E613), contact Joseph Giunta in the Office of National Security and Technology Transfer Controls, Electronics and Materials Division at (202) 482-3127 or [email protected] For questions relating to military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611), contact Brian Baker, Director, Electronics and Materials Division, Office of National Security and Technology Transfer Controls at (202) 482-5534 or [email protected] For questions relating to cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620), contact Michael Tu in the Office of National Security and Technology Transfer Controls, Sensors and Aviation Division at (202) 482-6462 or [email protected] | |
| FR Citation | 83 FR 5968 | |
| RIN Number | 0694-XC03 |
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