Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Category IV, 6765-6769 [2013-01901]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Proposed Rules]
[Pages 6765-6769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01901]



[[Page 6765]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Parts 120, 121, and 123

RIN 1400-AD19
[Public Notice 8165 ]


Amendment to the International Traffic in Arms Regulations: 
Revision of U.S. Munitions List Category IV

AGENCY: Department of State.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: As part of the President's Export Control Reform effort, the 
Department of State proposes to amend the International Traffic in Arms 
Regulations (ITAR) to revise Category IV (launch vehicles, guided 
missiles, ballistic missiles, rockets, torpedoes, bombs, and mines) of 
the U.S. Munitions List (USML) to describe more precisely the articles 
warranting control on the USML. The revisions contained in this rule 
are part of the Department of State's retrospective plan under E.O. 
13563 completed on August 17, 2011. The Department of State's full plan 
can be accessed at https://www.state.gov/documents/organization/181028.pdf. In addition, several ITAR sections addressing the Missile 
Technology Control Regime (MTCR) Annex are revised to provide a new 
method of identifying articles common to the MTCR Annex and the USML. 
And, the ITAR section describing shipments between U.S. possessions is 
clarified to only encompass those shipments that do not transit a 
foreign country.

DATES: The Department of State will accept comments on this proposed 
rule until March 18, 2013.

ADDRESSES: Interested parties may submit comments within 45 days of the 
date of publication by one of the following methods:
     Email: DDTCResponseTeam@state.gov with the subject line, 
``ITAR Amendment--Category IV.''
     Internet: At www.regulations.gov, search for this notice 
by using this rule's RIN (1400-AD19).

Comments received after that date will be considered if feasible, but 
consideration cannot be assured. Those submitting comments should not 
include any personally identifying information they do not desire to be 
made public or information for which a claim of confidentiality is 
asserted because those comments and/or transmittal emails will be made 
available for public inspection and copying after the close of the 
comment period via the Directorate of Defense Trade Controls Web site 
at www.pmddtc.state.gov. Parties who wish to comment anonymously may do 
so by submitting their comments via www.regulations.gov, leaving the 
fields that would identify the commenter blank and including no 
identifying information in the comment itself. Comments submitted via 
www.regulations.gov are immediately available for public inspection.

FOR FURTHER INFORMATION CONTACT: Ms. Candace M. J. Goforth, Director, 
Office of Defense Trade Controls Policy, U.S. Department of State, 
telephone (202) 663-2792, or email DDTCResponseTeam@state.gov. ATTN: 
Regulatory Change, USML Category IV.

SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls 
(DDTC), U.S. Department of State, administers the International Traffic 
in Arms Regulations (ITAR) (22 CFR parts 120-130). The items subject to 
the jurisdiction of the ITAR, i.e., ``defense articles,'' are 
identified on the ITAR's U.S. Munitions List (USML) (22 CFR 121.1). 
With few exceptions, items not subject to the export control 
jurisdiction of the ITAR are subject to the jurisdiction of the Export 
Administration Regulations (``EAR,'' 15 CFR parts 730-774, which 
includes the Commerce Control List (CCL) in Supplement No. 1 to part 
774), administered by the Bureau of Industry and Security (BIS), U.S. 
Department of Commerce. Both the ITAR and the EAR impose license 
requirements on exports and reexports. Items not subject to the ITAR or 
to the exclusive licensing jurisdiction of any other set of regulations 
are subject to the EAR.
    All references to the USML in this rule are to the list of defense 
articles that are controlled for the purpose of export or temporary 
import pursuant to the ITAR, and not to the defense articles on the 
USML that are controlled by the Bureau of Alcohol, Tobacco, Firearms 
and Explosives (ATF) for the purpose of permanent import under its 
regulations (see 27 CFR part 447). Pursuant to section 38(a)(1) of the 
Arms Export Control Act (AECA), all defense articles controlled for 
export or import are part of the USML under the AECA. For the sake of 
clarity, the list of defense articles controlled by ATF for the purpose 
of permanent import is the United States Munitions Import List (USMIL). 
The transfer of defense articles from the ITAR's USML to the EAR's CCL 
for the purpose of export control does not affect the list of defense 
articles controlled on the USMIL under the AECA for the purpose of 
permanent import.

Export Control Reform Update

    The Departments of State and Commerce described in their respective 
Advanced Notices of Proposed Rulemaking (ANPRM) in December 2010 the 
Administration's plan to make the USML and the CCL positive, tiered, 
and aligned so that eventually they can be combined into a single 
control list (see ``Commerce Control List: Revising Descriptions of 
Items and Foreign Availability,'' 75 FR 76664 (December 9, 2010) and 
``Revisions to the United States Munitions List,'' 75 FR 76935 
(December 10, 2010)). The notices also called for the establishment of 
a ``bright line'' between the USML and the CCL to reduce government and 
industry uncertainty regarding export jurisdiction by clarifying 
whether particular items are subject to the jurisdiction of the ITAR or 
the EAR. While these remain the Administration's ultimate Export 
Control Reform objectives, their concurrent implementation would be 
problematic in the near term. In order to more quickly reach the 
national security objectives of greater interoperability with U.S. 
allies, enhancing the defense industrial base, and permitting the U.S. 
Government to focus its resources on controlling and monitoring the 
export and reexport of more significant items to destinations, end-
uses, and end-users of greater concern than NATO allies and other 
multi-regime partners, the Administration has decided, as an interim 
step, to propose and implement revisions to both the USML and the CCL 
that are more positive, but not yet tiered.
    Specifically, based in part on a review of the comments received in 
response to the December 2010 notices, the Administration has 
determined that fundamentally altering the structure of the USML by 
tiering and aligning it on a category-by-category basis would 
significantly disrupt the export control compliance systems and 
procedures of exporters and reexporters. For example, until the entire 
USML was revised and became final, some USML categories would follow 
the legacy numbering and control structures while the newly revised 
categories would follow a completely different numbering structure. In 
order to allow for the national security benefits to flow from re-
aligning the jurisdictional status of defense articles that no longer 
warrant control on the USML on a category-by-category basis while 
minimizing the impact on exporters' internal control and jurisdictional 
and classification marking systems, the Administration plans to proceed 
with building positive

[[Page 6766]]

lists now and afterward return to structural changes.

Revision of Category IV and Other ITAR Sections

    This proposed rule revises USML Category IV (launch vehicles, 
guided missiles, ballistic missiles, rockets, torpedoes, bombs, and 
mines).
    Paragraph (a) is revised to remove demolition blocks and blasting 
caps, and to add subparagraphs (1) through (11) to more clearly 
describe the articles controlled in (a). ITAR Sec.  121.11, which 
further describes demolition blocks and blasting caps, is removed and 
placed in reserve.
    Paragraphs (b) and (d) are revised to more specifically enumerate 
the articles controlled therein.
    Military explosive excavating devices, currently enumerated in 
paragraph (e), are to be transferred to the jurisdiction of the 
Department of Commerce under Export Control Classification Number 
(ECCN) 0A604.c. The articles currently enumerated in paragraph (f), 
ablative materials, will remain under ITAR control but are to be moved 
to USML Category XIII(d).
    Paragraph (h) is revised by removing its broad catch-all wording 
and adding subparagraphs (1) through (31) to specifically enumerate the 
articles controlled in that paragraph.
    ITAR Sec.  121.5, which provides clarification of paragraph (c), is 
removed. Articles currently therein are identified in a note to 
paragraph (c) or are enumerated in paragraph (h).
    ITAR Sec.  121.16, which lists articles on the Missile Technology 
Control Regime (MTCR) Annex also enumerated on the USML, including in 
USML Category IV, is removed and placed in reserve. Articles common to 
the MTCR Annex and the USML are to be identified on the USML with the 
parenthetical ``(MT)'' at the end of each section containing such 
articles. ITAR Sec. Sec.  120.29, 121.1(c), and 121.2 are also revised 
accordingly.
    Finally, ITAR Sec.  123.12 is revised to add clarifying language 
regarding the shipment of defense articles between U.S. possessions. 
For a shipment of defense articles between U.S. possessions not to 
require an export license, the shipment must be direct, without 
transiting a foreign country. A temporary export license is required 
for shipments that do transit a foreign country.

Definition for Specially Designed

    Although one of the goals of the export control reform initiative 
is to describe USML controls without using design intent criteria, a 
few of the controls in the proposed revision nonetheless use the term 
``specially designed.'' It is, therefore, necessary for the Department 
to define the term. Three proposed definitions have been published to 
date. For the purpose of evaluation of this proposed rule, reviewers 
should use the definition provided by the Department of State in the 
June 19, 2012, proposed rule (77 FR 36428).

Request for Comments

    As the U.S. Government works through the proposed revisions to the 
USML, some solutions have been adopted that were determined to be the 
best of available options. With the thought that multiple perspectives 
would be beneficial to the USML revision process, the Department 
welcomes the assistance of users of the lists and requests input on the 
following:
    (1) A key goal of this rulemaking is to ensure the USML and the CCL 
together control all the items that meet Wassenaar Arrangement 
commitments embodied in Munitions List Category 4 (WA-ML4). To that 
end, the public is asked to identify any potential lack of coverage 
brought about by the proposed rules for USML Category IV contained in 
this notice and for CCL ECCN 0A604 published separately by the 
Department of Commerce when reviewed together.
    (2) The key goal of this rulemaking is to establish a ``bright 
line'' between the USML and the CCL for the control of these items. The 
public is asked to provide specific examples of launch vehicles, guided 
missiles, ballistic missiles, rockets, torpedoes, bombs, and mines 
whose jurisdiction would be in doubt based on this revision.
    In addition, the Department welcomes comments on the proposed 
revision of Sec. Sec.  121.16 and 123.12.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department of State is of the opinion that controlling the 
import and export of defense articles and services is a foreign affairs 
function of the United States Government and that rules implementing 
this function are exempt from sections 553 (rulemaking) and 554 
(adjudications) of the Administrative Procedure Act (APA). Although the 
Department is of the opinion that this rule is exempt from the 
rulemaking provisions of the APA, the Department is publishing this 
rule with a 45-day provision for public comment and without prejudice 
to its determination that controlling the import and export of defense 
services is a foreign affairs function. As noted above, and also 
without prejudice to the Department position that this rulemaking is 
not subject to the APA, the Department previously published a related 
Advance Notice of Proposed Rulemaking (RIN 1400-AC78), and accepted 
comments for 60 days.

Regulatory Flexibility Act

    Since the Department is of the opinion that this proposed rule is 
exempt from the provisions of 5 U.S.C. 553, there is no requirement for 
an analysis under the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This proposed 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.

Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed rulemaking has been found not to be a major rule 
within the meaning of the Small Business Regulatory Enforcement 
Fairness Act of 1996.

Executive Orders 12372 and 13132

    This proposed rulemaking will not have substantial direct effects 
on the States, on 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 
Executive Order 13132, it is determined that this proposed 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 proposed rulemaking.

Executive Orders 12866 and 13563

    Executive Orders 13563 and 12866 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).

[[Page 6767]]

These Executive Orders stress the importance of quantifying both costs 
and benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. These rules have been designated ``significant regulatory 
actions,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, this proposed rule has been 
reviewed by the Office of Management and Budget (OMB).

Executive Order 12988

    The Department of State has reviewed this proposed 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 proposed 
rulemaking will not have tribal implications, will not impose 
substantial direct compliance costs on Indian tribal governments, and 
will not preempt tribal law. Accordingly, Executive Order 13175 does 
not apply to this proposed rulemaking.

Paperwork Reduction Act

    Notwithstanding any other provision of law, no person is required 
to respond to, nor is subject to a penalty for failure to comply with, 
a collection of information, subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless 
that collection of information displays a currently valid OMB control 
number. This proposed rule would affect the following approved 
collections: (1) Statement of Registration, DS-2032, OMB No. 1405-0002; 
(2) Application/License for Permanent Export of Unclassified Defense 
Articles and Related Unclassified Technical Data, DSP-5, OMB No. 1405-
0003; (3) Application/License for Temporary Import of Unclassified 
Defense Articles, DSP-61, OMB No. 1405-0013; (4) Nontransfer and Use 
Certificate, DSP-83, OMB No. 1405-0021; (5) Application/License for 
Permanent/Temporary Export or Temporary Import of Classified Defense 
Articles and Classified Technical Data, DSP-85, OMB No. 1405-0022; (6) 
Application/License for Temporary Export of Unclassified Defense 
Articles, DSP-73, OMB No. 1405-0023; (7) Statement of Political 
Contributions, Fees, or Commissions in Connection with the Sale of 
Defense Articles or Services, OMB No. 1405-0025; (8) Authority to 
Export Defense Articles and Services Sold Under the Foreign Military 
Sales (FMS) Program, DSP-94, OMB No. 1405-0051; (9) Application for 
Amendment to License for Export or Import of Classified or Unclassified 
Defense Articles and Related Technical Data, DSP-6, -62, -74, -119, OMB 
No. 1405-0092; (10) Request for Approval of Manufacturing License 
Agreements, Technical Assistance Agreements, and Other Agreements, DSP-
5, OMB No. 1405-0093; (11) Maintenance of Records by Registrants, OMB 
No. 1405-0111; (12) Annual Brokering Report, DS-4142, OMB No. 1405-
0141; (13) Brokering Prior Approval (License), DS-4143, OMB No. 1405-
0142; (14) Projected Sale of Major Weapons in Support of Section 
25(a)(1) of the Arms Export Control Act, DS-4048, OMB No. 1405-0156; 
(15) Export Declaration of Defense Technical Data or Services, DS-4071, 
OMB No. 1405-0157; (16) Request for Commodity Jurisdiction 
Determination, DS-4076, OMB No. 1405-0163; (17) Request to Change End-
User, End-Use, and/or Destination of Hardware, DS-6004, OMB No. 1405-
0173; (18) Request for Advisory Opinion, DS-6001, OMB No. 1405-0174; 
(19) Voluntary Disclosure, OMB No. 1405-0179; and (20) Technology 
Security/Clearance Plans, Screening Records, and Non-Disclosure 
Agreements Pursuant to 22 CFR 126.18, OMB No. 1405-0195. The Department 
of State believes there will be minimal changes to these collections. 
The Department of State believes the combined effect of all rules to be 
published moving commodities from the USML to the EAR as part of the 
Administration's Export Control Reform would decrease the number of 
license applications by approximately 30,000 annually. The Department 
of State is looking for comments on the potential reduction in burden.

List of Subjects in Parts 120, 121, and 123

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, parts 120, 121, and 123 are proposed to be amended as 
follows:

PART 120--PURPOSE AND DEFINITIONS

0
1. The authority citation for part 120 continues to read as follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2794; E.O. 11958, 42 FR 4311; 
E.O. 13284, 68 FR 4075; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 
Pub. L. 105-261, 112 Stat. 1920; Pub. L. 111-266.

0
2. Section 120.29 is revised to read as follows:


Sec.  120.29  Missile Technology Control Regime.

    (a) For purposes of this subchapter, Missile Technology Control 
Regime (MTCR) means the policy statement between the United States, the 
United Kingdom, the Federal Republic of Germany, France, Italy, Canada, 
and Japan, announced on April 16, 1987, to restrict sensitive missile-
relevant transfers based on the MTCR Annex, and any amendments thereto.
    (b) The term MTCR Annex means the MTCR Guidelines and the 
Equipment, Software and Technology Annex of the MTCR, and any 
amendments thereto.
    (c) MTCR Annex items enumerated on the U.S. Munitions List shall be 
annotated by the parenthetical ``(MT)'' at the end of each applicable 
paragraph.

PART 121--THE UNITED STATES MUNITIONS LIST

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

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. 
p. 79; 22 U.S.C. 2651a; Pub. L. 105-261, 112 Stat. 1920.

0
4. Section 121.1 is amended by revising paragraph (c) and U.S. 
Munitions List Category IV, as follows:


Sec.  121.1  General. The United States Munitions List.

* * * * *
    (c) Missile Technology Control Regime (MTCR) Annex. The 
parenthetical ``(MT)'' indicates those defense articles that are on the 
MTCR Annex. See Sec.  120.29 of this subchapter.
* * * * *

Category IV--Launch Vehicles, Guided Missiles, Ballistic Missiles, 
Rockets, Torpedoes, Bombs, and Mines

    *(a) Rockets, space launch vehicles (SLVs), missiles, bombs, 
torpedoes, depth charges, mines, and grenades, as follows:
    (1) Rockets, SLVs, and missiles capable of delivering at least a 
500 kg payload to a range of at least 300 km (MT);
    (2) Rockets, SLVs, and missiles capable of delivering less than a 
500 kg payload to a range of at least 300 km (MT);
    (3) Man-portable air defense systems (MANPADS);
    (4) Anti-tank missiles and rockets;
    (5) Rockets, SLVs, and missiles not meeting the criteria of 
paragraphs (a)(1) through (a)(4) of this category;
    (6) Bombs;
    (7) Torpedoes;
    (8) Depth charges;

[[Page 6768]]

    (9) Anti-personnel, anti-vehicle, or anti-armor land mines (e.g., 
area denial devices);
    (10) Anti-helicopter mines;
    (11) Naval mines; or
    (12) Fragmentation and high explosive hand grenades.

    Note 1 to paragraph (a):  ``Range'' is the maximum distance that 
the specified rocket system is capable of traveling in the mode of 
stable flight as measured by the projection of its trajectory over 
the surface of the Earth. The maximum capability based on the design 
characteristics of the system, when fully loaded with fuel or 
propellant, will be taken into consideration in determining range. 
The range for rocket systems will be determined independently of any 
external factors such as operational restrictions, limitations 
imposed by telemetry, data links, or other external constraints. For 
rocket systems, the range will be determined using the trajectory 
that maximizes range, assuming International Civil Aviation 
Organization (ICAO) standard atmosphere with zero wind.


    Note 2 to paragraph (a):  ``Payload'' is the total mass that can 
be carried or delivered by the specified rocket, SLV, or missile 
that is not used to maintain flight.


    Note 3 to paragraph (a): This paragraph does not control model 
and high power rockets (as defined in National Fire Protection 
Association Code 1122) and kits thereof made of paper, wood, 
fiberglass, or plastic containing no substantial metal parts and 
designed to be flown with hobby rocket motors that are certified for 
consumer use. Such rockets must not contain active controls (e.g., 
RF or GPS).


    Note 4 to paragraph (a): ''Mine'' means a munition placed under, 
on or near the ground or other surface area and designed to be 
exploded by the presence, proximity or contact of a person or 
vehicle.

    *(b) Launchers for rockets, SLVs, and missiles, as follows:
    (1) Fixed launch sites and mobile launcher mechanisms for any 
system enumerated in paragraphs (a)(1) and (a)(2) of this category 
(e.g., launch tables, TOW missile, MANPADS) (MT); or
    (2) Fixed launch sites and mobile launcher mechanisms for any 
system enumerated in paragraphs (a)(3) through (a)(5) of this category 
(e.g., launch tables, TOW missile, MANPADS).

    Note 1 to paragraph (b):  Launcher mechanisms for use on 
aircraft are controlled in Category VIII(h).


    Note 2 to paragraph (b): Launcher mechanisms which have been 
integrated onto a vessel, ground vehicle, or aircraft are controlled 
in USML Categories VI, VII, and VIII, respectively.


    Note 3 to paragraph (b):  This paragraph does not control parts 
and accessories (e.g., igniters, launch stands) ``specially 
designed'' for consumer use with model and high power rockets (as 
defined in National Fire Protection Association Code 1122) and kits 
thereof made of paper, wood, fiberglass, or plastic containing no 
substantial metal parts and designed to be flown with hobby rocket 
motors that are certified for consumer use.

    (c) Apparatus and devices ``specially designed'' for the handling, 
control, activation, monitoring, detection, protection, discharge, or 
detonation of the articles enumerated in paragraphs (a) and (b) of this 
category (MT for those systems enumerated in paragraphs (a)(1), (a)(2), 
and (b)(1) of this category).

    Note to paragraph (c): This paragraph includes specialized 
handling equipment (transporters, cranes, and lifts) ``specially 
designed'' to handle articles enumerated in paragraphs (a) and (b) 
of this category for preparation and launch from fixed and mobile 
sites. The equipment in this paragraph also includes ``specially 
designed'' robots, robot controllers, and robot end-effectors, and 
liquid propellant tanks ``specially designed'' for the storage or 
handling of the propellants controlled in USML Category V, CCL ECCNs 
1C011, 1C111, and 1C608, or other liquid propellants used in the 
systems enumerated in paragraphs (a)(1), (a)(2), or (a)(5) of this 
category.

    *(d) Rocket, SLV and missile power plants, as follows:
    (1) Except as enumerated in paragraphs (d)(2) or (d)(3) of this 
category, individual rocket stages for the articles enumerated in 
paragraphs (a)(1), (a)(2), or (a)(5) of this category (MT for those 
stages usable in systems enumerated in paragraphs (a)(1) and (a)(2) of 
this category);
    (2) Solid propellant rocket motors, hybrid or gel rocket motors, or 
liquid propellant rocket engines having a total impulse capacity equal 
to or greater than 1.1 x 10\6\ N[middot]s (MT);
    (3) Solid propellant rocket motors, hybrid or gel rocket motors, or 
liquid propellant rocket engines having a total impulse capacity equal 
to or greater than 8.41 x 10\5\ N[middot]s, but less than 1.1 x 10\6\ 
N[middot]s (MT);
    (4) Combined cycle, pulsejet, ramjet, or scramjet engines (MT);
    (5) Air-breathing engines that operate above Mach 4 not enumerated 
in paragraph (d)(4) of this category;
    (6) Pressure gain combustion-based propulsion systems not 
enumerated in paragraphs (d)(4) and (d)(5) of this category; or
    (7) Rocket, SLV, and missile engines and motors, not otherwise 
enumerated in paragraphs (d)(1) through (d)(6) of this category, USML 
Category XIX, or CCL ECCN 9A619.

    Note to paragraph (d): This paragraph does not control model and 
high power rocket motors, containing no more than 5 pounds of 
propellant, that are certified for U.S. consumer use as described in 
National Fire Protection Association Code 1125.

    (e) [Reserved]
    (f) [Reserved]
    *(g) Non-nuclear warheads for rockets, bombs, and missiles (e.g., 
explosive, kinetic, EMP, thermobaric, shape charge, and fuel air 
explosive (FAE)).
    (h) Systems, subsystems, parts, components, accessories, 
attachments, or associated equipment, as follows:
    (1) Flight control and guidance systems (including ``guidance 
sets'') ``specially designed'' for articles enumerated in paragraph (a) 
of this category (MT for those articles enumerated in paragraphs (a)(1) 
and (a)(2) of this category);

    Note to paragraph (h)(1): A ``guidance set'' integrates the 
process of measuring and computing a vehicle's position and velocity 
(i.e., navigation) with that of computing and sending commands to 
the vehicle's flight control systems to correct the trajectory.

    (2) Seeker systems ``specially designed'' for articles enumerated 
in paragraph (a) of this category (e.g., radiofrequency, infrared) (MT 
for articles enumerated in paragraphs (a)(1) and (a)(2) of this 
category);
    (3) Kinetic kill vehicles and ``specially designed'' parts and 
components therefor;
    (4) Missile or rocket thrust vector control systems (MT for those 
thrust vector control systems usable in articles enumerated in 
paragraph (a)(1) of this category);
    (5) MANPADS grip stocks and ``specially designed'' parts and 
components therefor;
    (6) Rocket or missile nozzles and nozzle throats, and ``specially 
designed'' parts and components therefor (MT for those nozzles and 
nozzle throats usable in systems enumerated in paragraphs (a)(1) and 
(a)(2) of this category);
    (7) Nose tips, nose fairings, or aerospikes, and ``specially 
designed'' parts and components therefor (MT for those articles 
enumerated in paragraphs (a)(1) and (a)(2) of this category);
    (8) Re-entry vehicle or warhead heat shields (MT for those re-entry 
vehicles and heat shields usable in systems enumerated in paragraph 
(a)(1) of this category);
    (9) Missile and rocket safing, arming, fuzing, and firing (SAFF) 
components (to include target detection and proximity sensing devices) 
and ``specially designed'' parts therefor (MT for those safing, arming, 
fuzing, and firing (SAFF) components usable in systems enumerated in 
paragraph (a)(1) of this category);

[[Page 6769]]

    (10) Self-destruct systems ``specially designed'' for articles 
enumerated in paragraph (a) of this category (MT for those articles 
enumerated in paragraphs (a)(1) and (a)(2) of this category);
    (11) Separation mechanisms, staging mechanisms, and interstages 
useable for articles enumerated in paragraph (a) of this category and 
``specially designed'' parts and components therefor (MT for those 
separation mechanisms, staging mechanisms, and interstages usable in 
systems enumerated in paragraph (a)(1) of this category);
    (12) Post-boost vehicles (PBV) (MT);
    (13) engine or motor mounts ``specially designed'' for articles 
enumerated in paragraphs (a) and (b) of this category (MT for those 
articles enumerated in paragraphs (a)(1), (a)(2), and (b)(1) of this 
category);
    (14) Combustion chambers ``specially designed'' for articles 
enumerated in paragraphs (a) and (d) of this category and ``specially 
designed'' parts and components therefor (MT for those articles 
enumerated in paragraphs (a)(1), (a)(2), (b)(1), and (d)(1) through 
(d)(5) of this category);
    (15) Injectors ``specially designed'' for articles controlled in 
this category (MT for those injectors ``specially designed'' which are 
usable in systems enumerated in paragraph (a)(1) of this category);
    (16) Solid rocket motor or liquid engine igniters;
    (17) Re-entry vehicles and ``specially designed'' parts and 
components therefor not elsewhere specified in this category (MT);

    Note to paragraph (h)(17): This paragraph does not control 
spacecraft. For controls on spacecraft, see USML Category XV or CCL 
ECCN 9A515.

    (18) ``Specially designed'' parts and components for articles 
controlled in paragraph (g) not elsewhere specified in this category;
    (19) Penetration aids and ``specially designed'' parts and 
components therefor (e.g., physical or electronic countermeasure 
suites, re-entry vehicle replicas or decoys, or submunitions);
    (20) Rocket motor cases and ``specially designed'' parts and 
components therefor (e.g., flanges, flange seals, end domes) (MT for 
those rocket motor cases usable in systems enumerated in paragraphs 
(a)(1) and (a)(2) of this category and for ``specially designed'' parts 
and components for hybrid rocket motors enumerated in paragraphs (d)(2) 
and (d)(3) of this category);
    (21) Solid rocket motor liners and rocket motor insulation (MT for 
those solid rocket motor liners usable in systems enumerated in 
paragraph (a)(1) of this category or ``specially designed'' for systems 
enumerated in paragraph (a)(2) of this category; and rocket motor 
insulation usable in systems enumerated in paragraphs (a)(1) and (a)(2) 
of this category);
    (22) Radomes, sensor windows, and antenna windows ``specially 
designed'' for articles enumerated in paragraph (a) of this category 
(MT for those radomes usable in systems enumerated in paragraph (a)(1) 
of this category and for any radomes, sensor windows, or antenna 
windows manufactured as composite structures or laminates ``specially 
designed'' for use in the systems and components enumerated in 
paragraphs (a)(1), (a)(2), (d)(1), (h)(8), (h)(9), (h)(17), or (h)(25) 
of this category);
    (23) Payload fairings;
    (24) Rocket and missile launch canisters (MT for those rocket and 
missile launch canisters designed or modified for systems enumerated in 
paragraphs (a)(1) and (a)(2) of this category;
    (25) Fuzes ``specially designed'' for articles enumerated in 
paragraph (a) of this category (e.g., proximity, contact, electronic, 
dispenser proximity, airburst, variable time delay, or multi-option) 
(MT for those fuzes usable in systems enumerated in paragraph (a)(1) of 
this category);
    (26) Rocket and missile liquid propellant tanks (MT for those 
rocket and missile liquid propellant tanks usable in systems enumerated 
in paragraph (a)(1) of this category);
    (27) Rocket and missile altimeters ``specially designed'' for use 
in articles enumerated in paragraph (a)(1) of this category (MT);
    (28) Hydraulic, mechanical, electro-optical, or electromechanical 
flight control systems (including fly-by-wire systems) and attitude 
control equipment ``specially designed'' for use in the rockets or 
missiles enumerated in paragraph (a)(1) of this category (MT for these 
systems which have been designed or modified for those enumerated in 
paragraph (a)(1) of this category); or
    *(29) Any part, component, accessory, attachment, equipment, or 
system that (MT for those articles designated as such):
    (i) Is classified;
    (ii) Contains classified software; or
    (iii) Is being developed using classified information.
    ``Classified'' means classified pursuant to Executive Order 13526, 
or predecessor order, and a security classification guide developed 
pursuant thereto or equivalent, or to the corresponding classification 
rules of another government or intergovernmental organization.
    (i) Technical data (see Sec.  120.10 of this subchapter) and 
defense services (see Sec.  120.9 of this subchapter) directly related 
to the defense articles enumerated in paragraphs (a) through (h) of 
this category and classified technical data directly to items 
controlled in CCL ECCN 0x604 and defense services using the classified 
technical data. (See Sec.  125.4 of this subchapter for exemptions.) 
(MT for technical data and defense services related to articles 
designated as such.)
0
5. Section 121.2 is revised to read as follows:


Sec.  121.2  Interpretations of the U.S. Munitions List.

    The following interpretations explain and amplify the terms used in 
Sec.  121.1 of this subchapter. These interpretations have the same 
force as if they were a part of the U.S. Munitions List category to 
which they refer.
0
6. Section 121.5 is removed and reserved, as follows:


Sec.  121.5  [Reserved]

0
7. Section 121.11 is removed and reserved, as follows:


Sec.  121.11  [Reserved]

0
8. Section 121.16 is removed and reserved, as follows:


Sec.  121.16  [Reserved]

PART 123--LICENSES FOR THE EXPORT OF DEFENSE ARTICLES

0
9. The authority citation for part 123 continues to read as follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 4311; 3 
CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. L. 105-
261, 112 Stat. 1920; Sec 1205(a), Pub. L. 107-228.

0
10. Section 123.12 is revised to read as follows:


Sec.  123.12  Shipments between U.S. possessions.

    An export license is not required for the shipment of defense 
articles between the United States, the Commonwealth of Puerto Rico, 
and U.S. possessions provided the shipment does not transit a foreign 
country (see Sec.  123.13 of this subchapter). A license is required, 
however, for the export of defense articles from these areas to foreign 
countries.

    Dated: January 22, 2013.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security, 
Department of State.
[FR Doc. 2013-01901 Filed 1-30-13; 8:45 am]
BILLING CODE 4710-25-P