[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Proposed Rules]
[Pages 8485-8486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04268]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 181010936-8936-01]
RIN 0694-AH66


Request for Public Comments Regarding Review of Commerce Control 
List for Items Transferred From United States Munitions List Categories 
IV and XV

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Advanced notice of proposed rulemaking.

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SUMMARY: As part of its work with the National Space Council, the 
Bureau of Industry and Security, Department of Commerce requests public 
comment to inform its review of the controls implemented in recent 
revisions to Categories IV and XV of the United States Munitions List 
(USML) and the related transfer of items to the Department of 
Commerce's Commerce Control List (CCL). These items include launch 
vehicles, guided missiles, ballistic missiles, rockets, torpedoes, 
bombs, and mines; and spacecraft and related articles. BIS's review 
seeks to ensure that the CCL describes these items clearly, captures 
those items in normal commercial use, accounts for technological 
developments, and implements the national security and foreign policy 
objectives of the United States properly.

DATES: Comments must be received by BIS no later than April 22, 2019.

ADDRESSES: Comments may be submitted through the Federal rulemaking 
portal (http://www.regulations.gov). The regulations.gov ID number for 
this rule is BIS-2018-0029. All comments (including any personally 
identifying information) will be made available for public inspection 
and copying.

FOR FURTHER INFORMATION CONTACT: For questions regarding launch 
vehicles, guided missiles, ballistic missiles, rockets, torpedoes, 
bombs, and mines (Export Control Classification Numbers (ECCNs) 0A604, 
0B604, 0D604, 0E604, 9A604, 9B604, 9D604, and 9E604), contact Jeffrey 
Leitz, Senior Staff Engineer, Munitions Control Division, Office of 
Strategic Industries and Economic Security at (202) 482-7417 or 
[email protected]. For questions regarding spacecraft and 
related items (ECCNs 9A515, 9B515, 9D515, and 9E515), contact Dennis 
Krepp, Director, Sensors and Aviation Division, Office of National 
Security and Technology Transfer Controls at (202) 482-1309 or 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security (BIS), Department of Commerce, 
maintains the CCL under the Export Administration Regulations (EAR). To 
ensure controls align with the national security and foreign policy 
objectives of the U.S. Government, the USML and the CCL must be 
regularly reviewed and updated to account for technological 
developments, issues related to the practical application of these 
controls, and changes in the military and commercial applications of 
items covered by the USML or by the corresponding ``600 series'' and 
9x515 ECCNs on the CCL.
    Consistent with the objectives in Space Policy Directive-2 
(available at https://www.whitehouse.gov/presidential-actions/space-policy-directive-2-streamlining-regulations-commercial-use-space/), 
this Advanced Notice of Proposed Rulemaking (ANPRM), seeks public 
comments to inform a review of those items on the CCL implemented in 
connection with the recent removal of articles from Categories IV (79 
FR 34, January 2, 2014) and XV (82 FR 2889, January 10, 2017) of the 
USML and the placement of those items on the CCL. BIS seeks to ensure 
the CCL includes clear descriptions, captures items in normal 
commercial use, takes into account technological developments, and 
implements the national security and foreign policy objectives of the 
United States properly.
    In particular, BIS seeks comment on ways to thoughtfully streamline 
export control regulations for both the U.S. commercial space industry 
as well as our international partners to lower administrative burden, 
decrease regulatory compliance costs as well as increase exports 
thereby bolstering the U.S. space commercial sector and industrial 
base.

[[Page 8486]]

Request for Comments

    1. For technologies controlled under ECCN 9A515--examples include 
habitats, planetary rovers, and planetary systems such as 
communications and power--what factors or specific technologies should 
be considered for movement to a different ECCN or paragraph under ECCN 
9A515 with less stringent licensing requirements?
    2. The USG is considering further refinement or updated controls on 
the various technologies listed below. Are there additional specific 
space-related technologies not described in the list which warrant 
further review by State or Commerce given their current or anticipated 
near term commercial applications?
    [cir] Satellite thrusters (bi-propellant, electric, and liquid 
apogee engines);
    [cir] gyroscopes;
    [cir] inertial navigation systems;
    [cir] large aperture earth observation cameras;
    [cir] spacecraft antenna systems and adaptive Global Navigation 
Satellite System (GNSS) antennas;
    [cir] suborbital systems with propulsion systems currently 
controlled under USML;
    [cir] kapton tape;
    [cir] star trackers; and
    [cir] astrocompasses.
    3. NASA continues to pursue development of the future Lunar 
Gateway, which may be described in USML Category XV(a). If moved to the 
CCL, what would be the appropriate controls to apply to items 
associated with the Lunar Gateway, e.g., ECCNs 9A515 or 9A004?
    4. Are there technologies controlled in the USML for either 
Category IV and XV, which are not currently described or not described 
with sufficient clarity which the commenter believes should be 
controlled under the EAR? While this notice discusses specific items 
based on initial communications with industry, the list is not 
exhaustive and commenters are encouraged to provide additional examples 
within both USML categories.
    5. Are there specific defense articles which have entered into 
normal commercial use since the most recent revisions? If so, please 
provide sufficient detail in describing and identifying the article to 
support your claim. Commenters may include documentation to support 
this claim, e.g., product information demonstrating what is currently 
in the market (web pages describing products and product brochures), or 
scientific and industry articles, in particular those also describing 
trends in commercial products, that resulted from new technologies or 
manufacturing methods.
    6. Are there defense articles for which commercial use is proposed, 
intended, or anticipated in the next five years? If so, provide 
sufficient detail in describing and identifying the article to support 
your claim. Commenters may include documentation to support this claim, 
e.g., product development or marketing information describing what 
products will soon to be in the market (web pages describing products 
under development, press releases related to products under 
development) or scientific and industry articles, in particular those 
describing new products that may soon enter the market place as a 
result of new technologies or manufacturing methods.
    7. Are there other technical issues for these items which BIS 
should address, e.g., the addition of technical notes or defined terms 
used in the control parameters to make the controls easier to 
understand and apply consistently?
    8. What are the cost savings to private entities by shifting 
control of additional specific commercial items from the USML to the 
CCL? To the extent possible, please quantify the current cost of 
compliance with USML control of an item and any cost savings if a 
particular change was implemented. Cost savings could include time 
saved in terms of regulatory uncertainty over whether certain items are 
regulated as on the USML or the CCL. This reduced uncertainty, under 
the ``bright line'' approach of the USML to CCL review process, would 
allow both BIS and industry to avoid spending hours and resources on 
case by case determinations for certain items. As much as possible, 
please quantify time saved, reduction in compliance costs, and 
reduction in paperwork.
    Please note general comments on other aspects of the CCL are 
outside of the scope of this inquiry.

    Dated: February 22, 2019.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2019-04268 Filed 3-7-19; 8:45 am]
 BILLING CODE 3510-33-P