[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Proposed Rules]
[Pages 5970-5971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02495]



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.


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 
    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]