83 FR 5970 - Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories V, X, and XI
DEPARTMENT OF STATE Federal Register Volume 83, Issue 29 (February 12, 2018)
Federal Register Volume 83, Issue 29 (February 12, 2018)
| Page Range | 5970-5971 | |
| FR Document | 2018-02495 |
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)] [Proposed Rules] [Pages 5970-5971] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-02495] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE 22 CFR Part 121 [Public Notice 9980; Docket Number DOS-2017-0017] RIN 1400-AE46 Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories V, X, and XI AGENCY: Department of State. ACTION: Notice of Inquiry; request for comments. ----------------------------------------------------------------------- SUMMARY: The Department of State requests comments from the public to inform its review of the controls implemented in recent revisions to Categories V, X, and XI of the United States Munitions List (USML). The Department periodically reviews USML categories to ensure that they are clear, do not inadvertently control items in normal commercial use, account for technological developments, and properly implement the national security and foreign policy objectives of the United States. DATES: The Department will accept comments on the Notice of Inquiry up to April 13, 2018. ADDRESSES: You may send comments, identified by docket number DOS-2017- 0017, by any of the following methods:Email: [email protected]. Include docket number DOS-2017 in the subject line with, ``Request for Comments Regarding Review of USML Categories V, X and XI.'' Internet: At www.regulations.gov Follow the instructions for sending comments using docket number, DOS-2017-0017. Comments submitted through www.regulations.gov will be visible to other members of the public; the Department will publish all comments on the Directorate of Defense Trade Controls website (www.pmddtc.state.gov). Therefore, commenters are cautioned not to include proprietary or other sensitive information in their comments. FOR FURTHER INFORMATION CONTACT: Ms. Engda Wubneh, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2816; email [email protected]. ATTN: Request for Comments Regarding Review of USML Categories V, X and XI. SUPPLEMENTARY INFORMATION: List Review On December 10, 2010, the Department provided notice to the public of its intent to revise the USML to create a ``positive list'' that describes controlled items using, to the extent possible, objective criteria rather than broad, open-ended, subjective, catch-all, or design intent-based criteria (see 75 FR 76935). 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 Administration Regulations. Since that time, the Department has published final rules setting forth revisions for 18 USML categories, each of which have been reorganized into a uniform and more positive list structure. The advantage of revising the USML into a more 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 International Traffic in Arms Regulations (ITAR), without inadvertently controlling items in normal commercial use. This approach, however, requires that the lists be regularly revised and updated to account for technological developments, practical application issues identified by exporters and reexporters, and changes in the military and commercial applications of items affected by the list. This Notice of Inquiry is the third in a series of solicitations requesting feedback on revised USML categories. Previous Notices of Inquiry requested comments on Categories VIII and XIX (see 80 FR 11314) and Categories VI, VII, XIII, and XX (see 80 FR 61138). As indicated above, the subjects of this Notice of Inquiry are Categories V and X, which was most recently revised on January 2, 2014 (see 79 FR 34), and Category XI, which was most recently revised on July 1, 2014 (see 79 FR 37536). Additionally, 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. A recent final rule extends the July 2, 2015 modification (80 FR 78130) to August 30, 2018 to allow the U.S. government to review USML Category XI in full and publish proposed and final rules. As with previous inquiries, the Department seeks comment from the public on the condition and efficacy of these categories. Request for Comments The Department requests public comment on USML Categories V, X and XI. General comments on other aspects of the ITAR, to include other categories of the USML, are outside of the scope of this inquiry. In order to contribute effectively to the USML review process, all commenters are encouraged to provide comments that are responsive specifically to the prompts set forth below. The Department requests comment on the following topics, as they relate to Categories V, X and XI: 1. Emerging and new technologies that are appropriately controlled by one of the referenced categories, but which are not currently described in subject categories or not described with sufficient clarity. 2. Defense articles that are described in subject categories, but which have entered into normal commercial use since the most recent revisions to the category at issue. For such comments, be sure to include documentation to support claims that defense articles have entered into normal commercial use. 3. Defense articles for which commercial use is proposed, intended, or anticipated in the next 5 years. 4. Drafting or other technical issues in the text of all of the referenced categories. 5. Comments regarding USML Category XI paragraph (b) modification. 6. Potential cost savings to private entities from shifting control of specific commercial items from USML to the Export Administration Regulations. To the extent possible, please quantify the cost of compliance with USML control [[Page 5971]] of commercial items, to include the time saved, the reduction in paperwork, and any other cost savings for a particular change. The Department will review all comments from the public. If a rulemaking is warranted based on the comments received, the Department will respond to comments received in a proposed rulemaking in the Federal Register. Richard Koelling, Acting Director, Office of Defense Trade Controls Policy, Bureau of Political-Military Affairs, U.S. Department of State. [FR Doc. 2018-02495 Filed 2-9-18; 8:45 am] BILLING CODE 4710-25-P
![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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![Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules 5971
of commercial items, to include the time online instructions for submitting I. Background and Purpose
saved, the reduction in paperwork, and comments. Once submitted, comments On September 4, 1992, the EPA
any other cost savings for a particular cannot be edited or removed from promulgated 40 CFR part 55,1 which
change. Regulations.gov. For either manner of established requirements to control air
The Department will review all submission, the EPA may publish any pollution from OCS sources in order to
comments from the public. If a comment received to its public docket. attain and maintain federal and state
rulemaking is warranted based on the Do not submit electronically any ambient air quality standards and to
comments received, the Department will information you consider to be comply with the provisions of part C of
respond to comments received in a Confidential Business Information (CBI) title I of the CAA. The regulations at 40
proposed rulemaking in the Federal or other information whose disclosure is CFR part 55 apply to all OCS sources
Register. offshore of the states except those
restricted by statute. Multimedia
Richard Koelling, submissions (audio, video, etc.) must be located in the Gulf of Mexico west of
Acting Director, Office of Defense Trade accompanied by a written comment. 87.5 degrees longitude. Section 328 of
Controls Policy, Bureau of Political-Military The written comment is considered the the CAA requires that for such sources
Affairs, U.S. Department of State. official comment and should include located within 25 miles of a state’s
[FR Doc. 2018–02495 Filed 2–9–18; 8:45 am] discussion of all points you wish to seaward boundary, the requirements
BILLING CODE 4710–25–P make. The EPA will generally not shall be the same as would be
consider comments or comment applicable if the sources were located in
contents located outside of the primary the COA. Because the OCS requirements
ENVIRONMENTAL PROTECTION submission (i.e. on the web, cloud, or are based on onshore requirements, and
AGENCY onshore requirements may change,
other file sharing system). For
section 328(a)(1) requires that the EPA
additional submission methods, please
40 CFR Part 55 update the OCS requirements as
contact the person identified in the FOR
necessary to maintain consistency with
[EPA–R01–OAR–2018–0011; FRL–9974–28– FURTHER INFORMATION CONTACT section.
Region 1]
onshore requirements.
For the full EPA public comment policy, Pursuant to 40 CFR 55.12, consistency
information about CBI or multimedia reviews will occur (1) at least annually;
Outer Continental Shelf Air
submissions, and general guidance on (2) upon receipt of a Notice of Intent
Regulations; Consistency Update for
making effective comments, please visit (NOI) under 40 CFR 55.4; or (3) when
Massachusetts
http://www.epa.gov/dockets/ a state or local agency submits a rule to
AGENCY: Environmental Protection commenting-epa-dockets. Publicly the EPA to be considered for
Agency. available docket materials are available incorporation by reference in 40 CFR
ACTION: Proposed rule. at http://www.regulations.gov or at the part 55. This proposed action is being
U.S. Environmental Protection Agency, taken in response to the submittal of a
SUMMARY: The Environmental Protection EPA New England Regional Office, NOI on December 11, 2017 by Vineyard
Agency (EPA) is proposing to update a Office of Ecosystem Protection, Air Wind, LLC. Public comments received
portion of the Outer Continental Shelf in writing within 30 days of publication
Permitting, Toxics, and Indoor Programs
(OCS) Air Regulations. Requirements of this document will be considered by
Unit, 5 Post Office Square—Suite 100,
applying to OCS sources located within the EPA before publishing a final rule.
25 miles of states’ seaward boundaries Boston, MA. EPA requests that if at all
possible, you contact the contact listed Section 328(a) of the CAA requires
must be updated periodically to remain that the EPA establish requirements to
consistent with the requirements of the in the FOR FURTHER INFORMATION
CONTACT section to schedule your control air pollution from OCS sources
corresponding onshore area (COA), as located within 25 miles of States’
mandated by section 328(a)(1) of the inspection. The Regional Office’s
official hours of business are Monday seaward boundaries that are the same as
Clean Air Act. The portion of the OCS onshore requirements. To comply with
air regulations that is being updated through Friday, 8:30 a.m. to 4:30 p.m.,
this statutory mandate, the EPA must
pertains to the requirements for OCS excluding legal holidays.
incorporate applicable onshore rules
sources for which Massachusetts is the FOR FURTHER INFORMATION CONTACT: Eric into 40 CFR part 55 as they exist
designated COA. The intended effect of Wortman, Office of Ecosystem onshore. This limits the EPA’s
approving the OCS requirements for the Protection, U.S. Environmental flexibility in deciding which
Massachusetts Department of requirements will be incorporated into
Protection Agency, EPA New England
Environmental Protection is to regulate 40 CFR part 55 and prevents the EPA
Regional Office, 5 Post Office Square
emissions from OCS sources in from making substantive changes to the
accordance with the requirements for (Mail Code OEP05–2), Boston, MA
02109, (617) 918–1624, wortman.eric@ requirements it incorporates. As a
onshore sources. The Commonwealth of result, the EPA may be incorporating
Massachusetts’ requirements discussed epa.gov.
rules into 40 CFR part 55 that do not
in this document are proposed to be SUPPLEMENTARY INFORMATION: conform to all of the EPA’s state
incorporated by reference into the Code Throughout this document whenever implementation plan (SIP) guidance or
of Federal Regulations and listed in the ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean certain requirements of the CAA.
appendix to the OCS air regulations. Consistency updates may result in the
EPA.
daltland on DSKBBV9HB2PROD with PROPOSALS
DATES: Written comments must be inclusion of state or local rules or
received on or before March 14, 2018. Table of Contents regulations into 40 CFR part 55, even
ADDRESSES: Submit your comments, I. Background and Purpose
identified by Docket ID No. EPA–R01– II. EPA’s Evaluation
1 The reader may refer to the Notice of Proposed
OAR–2018–0011 at http:// Rulemaking, December 5, 1991 (56 FR 63774), and
III. Proposed Action the preamble to the final rule promulgated
www.regulations.gov, or via email to IV. Incorporation by Reference September 4, 1992 (57 FR 40792) for further
wortman.eric@epa.gov. For comments V. Statutory and Executive Order Reviews background and information on the OCS
submitted at Regulations.gov, follow the regulations.
VerDate Sep<11>2014 17:29 Feb 09, 2018 Jkt 244001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\12FEP1.SGM 12FEP1](https://thefederalregister.org/doc/83_FR_5999/page/2.svg)
Document Created: 2018-11-01 08:43:15
Document Modified: 2018-11-01 08:43:15
| 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 | Proposed Rules | |
| Action | Notice of Inquiry; request for comments. | |
| Dates | The Department will accept comments on the Notice of Inquiry up to April 13, 2018. | |
| Contact | Ms. Engda Wubneh, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2816; email [email protected] ATTN: Request for Comments Regarding Review of USML Categories V, X and XI. | |
| FR Citation | 83 FR 5970 | |
| RIN Number | 1400-AE46 |
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