[Federal Register Volume 88, Number 231 (Monday, December 4, 2023)]
[Rules and Regulations]
[Pages 84072-84074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26673]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 12276]


Temporary Modification of Category VIII of the U.S. Munitions 
List

ACTION: Final rule; notification of temporary modification.

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SUMMARY: The Department of State (the Department), pursuant to its 
regulations and in the interest of the security of the United States, 
temporarily modifies the United States Munitions List (USML) Category 
VIII.

DATES: This temporary modification is effective December 4, 2023 and 
will expire on December 1, 2024 or when terminated by the Department, 
whichever occurs first.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Rasmussen, Office of 
Defense Trade Controls Policy, Department of State, telephone (202) 
663-2217; email [email protected] SUBJECT: Temporary 
Modification--Note to paragraph (h)(1) of USML Category VIII.

SUPPLEMENTARY INFORMATION: On April 16, 2013, the Department published 
a final rule revising Category VIII of the USML (78 FR 22740). That 
final rule added USML Category VIII(h)(1) to describe parts, 
components, accessories, attachments, and equipment specially designed 
for certain advanced U.S.-origin aircraft. Paragraph (h)(1) was the

[[Page 84073]]

exception to the revised Category VIII's positive list of specific 
types of parts, components, accessories, and attachments that continue 
to warrant control on the USML. Other parts, components, accessories, 
and attachments specially designed for a military aircraft and related 
articles became subject to the new ``600 series'' controls in Category 
9 of the Commerce Control List (CCL).
    On October 3, 2013, the Department published a rule (78 FR 61750) 
that added a Note to USML Category VIII(h)(1) to clarify that parts, 
components, accessories, and attachments that are common to aircraft 
enumerated in paragraph (a) but not identified in paragraph (h)(1), and 
those identified in paragraph (h)(1), are not specially designed.
    On November 21, 2016, the Department published another final rule 
revising Category VIII (81 FR 83126), which updated the list of 
aircraft in paragraph (h)(1) and revised the Note to paragraph (h)(1) 
to incorporate technical corrections and enhance its clarity. The rule 
also removed equipment from paragraph (h)(1) and created paragraph 
(h)(29) to describe certain equipment specially designed for articles 
described in paragraph (h)(1). Paragraph (h)(1) currently describes 
parts, components, accessories, and attachments specially designed for 
the following U.S.-origin aircraft: B-1B, B-2, B-21, F-15SE, F/A-18 E/
F, EA-18G, F-22, F-35, and future variants thereof; or the F-117 or 
U.S. Government technology demonstrators. Paragraph (h)(1) further 
states that parts, components, accessories, and attachments of the F-
15SE and F/A-18 E/F that are common to earlier models of these 
aircraft, unless listed elsewhere in paragraph (h) of Category VIII, 
are subject to the EAR.
    The Note to paragraph (h)(1) states that paragraph (h)(1) does not 
control parts, components, accessories, and attachments that are common 
to aircraft described in paragraph (a) of Category VIII but not 
identified in paragraph (h)(1), and those identified in paragraph 
(h)(1). For example, when applying Sec.  120.41(b)(3), a part common to 
only the F-16 and F-35 is not specially designed for purposes of 
paragraph (h)(1). A part common to only the F-22 and F-35--two aircraft 
models identified in paragraph (h)(1)--is specially designed for 
purposes of paragraph (h)(1), unless one of the other paragraphs under 
ITAR Sec.  120.41(b) is applicable.
    Section 126.2 of the ITAR provides that the Deputy Assistant 
Secretary for Defense Trade Controls may order the temporary suspension 
or modification of any or all provisions of the ITAR when in the 
interest of the security and foreign policy of the United States. This 
authority may also be exercised by the Assistant Secretary for 
Political-Military Affairs according to ITAR Sec.  120.1(b).
    The Department assesses that it is in the security and foreign 
policy interests of the United States to allow manufacturers to apply 
for export authorizations to participate in development of the KF-21 
aircraft by reusing certain defense articles described in paragraph 
(h)(1) without removing those defense articles from the USML simply 
because they are re-used in the KF-21.
    Accordingly, pursuant to ITAR Sec.  126.2, the Assistant Secretary 
of State for Political-Military Affairs hereby temporarily modifies the 
Note to paragraph (h)(1) of USML Category VIII such that parts, 
components, accessories, and attachments specially designed for 
aircraft identified in paragraph (h)(1) are not released from that 
paragraph due to their reuse in the KF-21 aircraft or variants thereof.
    The Department assessed that this temporary modification does not 
change the export jurisdiction or classification of any existing 
commodities, as it only prevents the possibility of future release from 
paragraph (h)(1) due to use in the KF-21, which has not yet entered 
into production. Therefore, when the KF-21 enters production, any 
paragraph (h)(1) commodities authorized for export for this purpose 
will retain their current export classification described in paragraph 
(h)(1).
    This temporary modification will be effective until December 1, 
2024, or when terminated by the Department, whichever occurs first.

Regulatory Analysis and Notices

Administrative Procedure Act

    This rulemaking is exempt from section 553 of the Administrative 
Procedure Act (APA) pursuant to section 553(a)(1) as a military or 
foreign affairs function of the United States.

Regulatory Flexibility Act

    Since this rule is exempt from the notice-and-comment rulemaking 
provisions of 5 U.S.C. 553, it does not require analysis under the 
Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not involve a mandate that will result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any year and it 
will not significantly or uniquely affect small governments. Therefore, 
no actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Congressional Review Act

    The Department assesses that this rule is not a major rule under 
the criteria of 5 U.S.C. 804.

Executive Orders 12372 and 13132

    This rulemaking does not have sufficient federalism implications to 
require consultations or warrant the preparation of a federalism 
summary impact statement. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs and 
activities do not apply to this rulemaking.

Executive Orders 12866, 13563, and 14094

    Executive Orders 12866 (as amended by Executive Order 14094) and 
13563 direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributed 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. This rule has not been 
deemed a ``significant regulatory action'' under Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget (OMB).

Executive Order 12988

    The Department of State has reviewed this rulemaking in light of 
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
ambiguity, minimize litigation, establish clear legal standards, and 
reduce burden.

Executive Order 13175

    The Department of State has determined that this rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not preempt 
tribal law. Accordingly, the requirements of Executive Order 13175 do 
not apply to this rulemaking.

Paperwork Reduction Act

    This rulemaking does not impose or revise any information 
collections subject to 44 U.S.C. Chapter 35.

[[Page 84074]]

List of Subjects in 22 CFR Part 121

    Arms and munitions, Classified information, Exports.

    For the reasons stated in the preamble, the Department of State 
amends Title 22, Chapter I, Subchapter M, part 121 as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

0
1. The authority citation for part 121 continues to read as follows:

    Authority:  22 U.S.C. 2752, 2778, 2797; 22 U.S.C. 2651a; Sec. 
1514, Pub. L. 105-261, 112 Stat. 2175; E.O. 13637, 78 FR 16129, 3 
CFR, 2013 Comp., p. 223.


0
2. Amend Sec.  121.1 under Category VIII by revising the Note to 
paragraph (h)(1) to read as follows:


Sec.  121.1  The United States Munitions List.

* * * * *

Category VIII--Aircraft and Related Articles

* * * * *

    Note to paragraph (h)(1):  This paragraph does not control 
parts, components, accessories, and attachments that are common to 
aircraft, other than the KF-21 and variants thereof, described in 
paragraph (a) of this category but not identified in paragraph 
(h)(1), and those identified in paragraph (h)(1). For example, when 
applying Sec.  120.41(b)(3), a part common to only the F-16 and F-35 
is not specially designed for purposes of this paragraph. A part 
common to only the F-22 and F-35--two aircraft models identified in 
paragraph (h)(1)--is specially designed for purposes of this 
paragraph, unless one of the other paragraphs is applicable under 
Sec.  120.41(b) of this subchapter. Commodities otherwise described 
in this paragraph that are utilized in the KF-21 are not released 
from this paragraph due to use in the KF-21.

* * * * *

Jessica Lewis,
Assistant Secretary, Bureau of Political-Military Affairs, U.S. 
Department of State.
[FR Doc. 2023-26673 Filed 11-30-23; 4:15 pm]
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