[Federal Register Volume 67, Number 82 (Monday, April 29, 2002)]
[Rules and Regulations]
[Pages 20894-20896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10474]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice 3997]


Amendments to the United States Munitions List

AGENCY: Bureau of Political-Military Affairs, Department of State.

ACTION: Final rule.

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SUMMARY: The Department of State is revising Category I--Firearms--of 
the U.S. Munitions List (USML). The title of the revised category is 
being changed to include close assault weapons and combat shotguns. 
Certain interpretations (e.g., definitions) of firearms and their 
components and parts previously found elsewhere in the International 
Traffic in Arms Regulations (ITAR) are being consolidated in the 
revised text for Category I. Reference to related

[[Page 20895]]

exemptions from export licensing requirements of the ITAR are also 
being added. Further, certain accessories, such as silencers, sound 
suppressors and flash suppressors are, henceforth, designated 
significant military equipment (``SME'').

EFFECTIVE DATE: April 29, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Berry, Chief, Arms Licensing 
Division, Office of Defense Trade Controls, Department of State, 
Telephone (202) 663-2806 or FAX (202) 261-8199. ATTN: Regulatory 
Change, USML Part 121, Category I.

SUPPLEMENTARY INFORMATION: The Departments of State and Defense, in 
consultation with the Department of Commerce and other U.S. Government 
agencies, are reviewing items controlled on the U.S. Munitions List 
(USML) in order to ensure that the list of defense articles and defense 
services controlled pursuant to the International Traffic in Arms 
Regulations is up-to-date and appropriately reflects current U.S. 
security and foreign policy interests. Consistent with the policy 
announced by the United States at the May 2000 NATO Ministerial 
meeting, the Executive Branch initiated a procedure that involves a 
four-year review cycle, whereby one-quarter of the USML is reviewed 
each year. This policy and procedure is consistent with Section 38(f) 
of the Arms Export Control Act (AECA), which states that the President 
shall periodically review the items on the USML to determine what 
items, if any, no longer warrant export controls under Section 38. Five 
categories are currently under review: Categories I, V, VIII, XIV and 
XVI. This rulemaking concerns the results of the Category I review. The 
results pertaining to the remaining four categories will be published 
upon completion of inter-agency review. With regard to Category I, no 
substantive additions or deletions of the articles and services 
controlled under this heading by Category I are being made. But, there 
are substantial changes in the title and in the text that are designed 
to provide greater clarity and precision for defense industry exporters 
and closer scrutiny and reporting of certain items (e.g., automatic 
weapons and accessories, such as silencers), and to consolidate various 
other provisions of the ITAR relating to firearms. Specifically, the 
new title of this category is ``Firearms, Close Assault Weapons and 
Combat Shotguns.'' Category I is being amended to move fully automatic 
firearms from paragraph (a) to paragraph (b) and combat shotguns from 
paragraph (a) to (d). The components, parts, accessories and 
attachments currently in paragraph (d) are moved to a new paragraph 
(h). The silencers and suppressors in paragraph (b) are re-designated 
as Significant Military Equipment (SME) and moved to paragraph (e), 
with the remainder of the items currently in paragraph (b) moving to a 
new paragraph (f). The barrels, cylinders, receivers (frames) and 
breech mechanisms in paragraph (d) are moved to a new paragraph (g). 
The technical data and defense services currently in (e) are moved to a 
new paragraph (i). The text from Sec. 121.9 is moved to a new paragraph 
(j) and a Note at the end of the category. Section 121.9 is being 
reserved.
    This amendment involves a foreign affairs function of the United 
States and, therefore, is not subject to the procedures required by 5 
U.S.C. 533 and 554. It is exempt from review under Executive Order 
12866 but has been reviewed internally by the Department to ensure 
consistency with the purposes thereof. This rule does not require 
analysis under the Regulatory Flexibility Act or the Unfunded Mandates 
Reform Act. It has been found not to be a major rule within the meaning 
of the Small Business Regulatory Enforcement Act of 1966. It will not 
have substantial direct effects on the States, the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government. Therefore, 
in accordance with section 6 of Executive Order 13132, it is determined 
that this rule does not have sufficient federalism implications to 
warrant application to Executive Orders 12372 and 13123. However, 
interested persons are invited to submit written comments to the 
Department of State, Office of Defense Trade Controls, ATTN: Regulatory 
Change, USML Part 121, 12th Floor, SA-1, Washington, D.C. 20522-0112. 
Such persons must be registered with the Department's Office of Defense 
Trade Controls (DTC) pursuant to the registration requirements of 
section 38 of the Arms Export Control Act.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Exports.


    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, Part 121, is amended as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

    1. The authority citation for part 121 is revised to read as 
follows:

    Authority: Sec. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2278, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. 
p. 79; 22 U.S.C. 2658; Pub. L. 105-261, 112 Stat. 1920.

    2. In Sec. 121.1, Category I--Firearms is revised to read as 
follows:


Sec. 121.1  General. The United States Munitions List.

* * * * *

Category I--Firearms, Close Assault Weapons and Combat Shotguns

    * (a) Nonautomatic and semi-automatic firearms to caliber .50 
inclusive (12.7 mm).
    * (b) Fully automatic firearms to .50 caliber inclusive (12.7 mm).
    * (c) Firearms or other weapons (e.g. insurgency-counterinsurgency, 
close assault weapons systems) having a special military application 
regardless of caliber.
    * (d) Combat shotguns. This includes any shotgun with a barrel 
length less than 18 inches.
    * (e) Silencers, mufflers, sound and flash suppressors for the 
articles in (a) through (d) of this category and their specifically 
designed, modified or adapted components and parts.
    (f) Riflescopes manufactured to military specifications (See 
category XII(c) for controls on night sighting devices.)
    * (g) Barrels, cylinders, receivers (frames) or complete breech 
mechanisms for the articles in paragraphs (a) through (d) of this 
category.
    (h) Components, parts, accessories and attachments for the articles 
in paragraphs (a) through (g) of this category.
    (i) Technical data (as defined in Sec. 120.10 of this subchapter) 
and defense services (as defined in Sec. 120.9 of this subchapter) 
directly related to the defense articles enumerated in paragraphs (a) 
through (h) of this category. Technical data directly related to the 
manufacture or production of any defense articles enumerated elsewhere 
in this category that are designated as Significant Military Equipment 
(SME) shall itself be designated SME.
    (j) The following interpretations explain and amplify the terms 
used in this category and throughout this subchapter:
    (1) A firearm is a weapon not over .50 caliber (12.7 mm) which is 
designed to expel a projectile by the action of an explosive or which 
may be readily converted to do so.
    (2) A rifle is a shoulder firearm which can discharge a bullet 
through a rifled barrel 16 inches or longer.
    (3) A carbine is a lightweight shoulder firearm with a barrel under 
16 inches in length.

[[Page 20896]]

    (4) A pistol is a hand-operated firearm having a chamber integral 
with or permanently aligned with the bore.
    (5) A revolver is a hand-operated firearm with a revolving cylinder 
containing chambers for individual cartridges.
    (6) A submachine gun, ``machine pistol'' or ``machine gun'' is a 
firearm originally designed to fire, or capable of being fired, fully 
automatically by a single pull of the trigger.

    Note: This coverage by the U.S. Munitions List in paragraphs (a) 
through (i) of this category excludes any non-combat shotgun with a 
barrel length of 18 inches or longer, BB, pellet, and muzzle loading 
(black powder) firearms. This category does not cover riflescopes 
and sighting devices that are not manufactured to military 
specifications. It also excludes accessories and attachments (e.g., 
belts, slings, after market rubber grips, cleaning kits) for 
firearms that do not enhance the usefulness, effectiveness, or 
capabilities of the firearm, components and parts. The Department of 
Commerce regulates the export of such items. See the Export 
Administration Regulations (15 CFR parts 730-799). In addition, 
license exemptions for the items in this category are available in 
various parts of this subchapter (e.g. Secs. 123.17, 123.18 and 
125.4).

* * * * *


Sec. 121.9  [Removed and Reserved]

    3. Section 121.9 is removed and reserved.

    Dated: April 5, 2002.
John R. Bolton,
 Under Secretary for Arms Control and International Security, 
Department of State.
[FR Doc. 02-10474 Filed 4-26-02; 8:45 am]
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