[Federal Register Volume 80, Number 40 (Monday, March 2, 2015)]
[Proposed Rules]
[Pages 11313-11314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04291]

[[Page 11313]]

Vol. 80


No. 40

March 2, 2015

Part III

 Department of State


22 CFR Part 121

Department of Commerce


Bureau of Industry and Security


15 CFR Part 774

Notices of Inquiry: Request for Comments Regarding Review of United 
States Munitions List Categories VIII and XIX; Request for Comments 
Regarding Controls on Military Aircraft and Military Gas Turbine 
Engines on the Commerce Control List; Proposed Rules

Federal Register / Vol. 80 , No. 40 / Monday, March 2, 2015 / 
Proposed Rules

[[Page 11314]]



22 CFR Part 121

[Public Notice 9050]

Notice of Inquiry; Request for Comments Regarding Review of 
United States Munitions List Categories VIII and XIX

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 VIII and XIX of the United States Munitions List (USML). In 
light of the ongoing transition of the USML to a more ``positive list'' 
pursuant to the President's Export Control Reform (ECR) initiative, the 
Department intends to periodically review the revised 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 reform effort. This review will also consider any technical 
issues related to the USML categories under review.

DATES: The Department of State will accept comments from the public 
until May 1, 2015.

ADDRESSES: Interested parties may submit comments by one of the 
following methods:
     Email: [email protected] with the subject line, 
``Review of USML Categories VIII and XIX.''
     Internet: At www.regulations.gov, search for this notice 
using its docket number, DOS-2014-0030.
    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 Web site 
(www.pmddtc.state.gov). Therefore, commenters are cautioned not to 
include proprietary or other sensitive information in their comments.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, Department of State, telephone 
(202) 663-2792; email [email protected]. ATTN: Review of 
USML Categories VIII and XIX.


List Review

    On December 10, 2010, the Department provided notice to the public 
of its intent, pursuant to the ECR initiative, 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, 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 Administration Regulations. 
Since that time, the Department has published final rules setting forth 
revisions for fifteen 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. In addition, the USML and 
the Commerce Control List require regular revision in order to ensure 
that they satisfy the national security and foreign policy objectives 
of the reform effort, which are to (i) improve interoperability of U.S. 
military forces with allied countries, (ii) strengthen the U.S. 
industrial base by, among other things, reducing incentives for foreign 
manufacturers to design out and avoid U.S.-origin content and services, 
which ensures continued U.S. visibility and control, and (iii) allow 
export control officials to focus government resources on transactions 
that pose greater concern.
    The first USML revisions conducted pursuant to the ECR initiative 
became effective on October 15, 2013, and implemented revisions to 
Category VIII and created Category XIX (see 78 FR 22740). With the 
passing of the one-year anniversary of the effective date of the 
revision to and creation of these categories, the Department seeks 
comment from the public on the condition and efficacy of these 
categories and whether they are meeting the ECR objectives for the list 
revisions. The Department anticipates a similar review process for each 
revised USML category, to be communicated to the public through 
publication of a notice of inquiry in the Federal Register.

Request for Comments

    The Department requests public comment regarding the control text 
of USML Categories VIII and XIX. General comments on the overall ECR 
initiative or other aspects of the ITAR, to include other categories of 
the USML that do not relate to or are not affected by Categories VIII 
or XIX, 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 VIII and XIX:
    1. Emerging and new technologies that are appropriately controlled 
by one of the referenced categories, but which are not currently 
described in the control text or not described with sufficient clarity.
    2. Defense articles that are described in the control text, 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 five years.
    4. Drafting or other technical issues in the text of either of the 
referenced categories.
    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.

C. Edward Peartree,
Director, Office of Defense Trade Controls Policy, Bureau of Political-
Military Affairs, U.S. Department of State.
[FR Doc. 2015-04291 Filed 2-27-15; 8:45 am]