Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories VI, VII, XIII, and XX, 61138-61139 [2015-25751]

Download as PDF rmajette on DSK7SPTVN1PROD with PROPOSALS 61138 Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Proposed Rules not warrant USML control. On December 10, 2010, the Department of State provided notice to the public of its intent, pursuant to the ECR Initiative, to revise the USML to create a more ‘‘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, such as ‘‘specially designed’’ or ‘‘specifically designed or modified,’’ to control unspecified items. With limited exceptions, the defense articles that continued to warrant control under the USML were those that provided the United States with a critical military or intelligence advantage. Items that no longer warranted control under the USML were to become subject to the jurisdiction of the Department of Commerce under the Export Administration Regulations (EAR). Since that time, the Departments of State and Commerce have jointly published final rules in which, collectively, the Department of State has made revisions to fifteen of the USML categories (each of which has been restructured to provide a uniform and more ‘‘positive list’’ of controlled items) and the Department of Commerce has made corresponding revisions to the CCL. 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 ITAR by maintaining control over those defense articles that provide a critical military or intelligence advantage, or otherwise warrant control under the ITAR, without inadvertently controlling items in normal commercial use. This approach, however, requires that both the USML and the CCL be regularly revised and updated to address technological developments, practical application issues identified by exporters and reexporters, and changes in the military and commercial applications of items affected by the USML and the ‘‘600 series’’ ECCNs on the CCL. Consistent with the approach described above, this notice of inquiry requests public comments as part of a complementary review of changes to the EAR and the ITAR based on the ECR Initiative and implemented by a set of rules, published by the Departments of State and Commerce, that became effective on January 6, 2014. These rules implemented revisions to Category VI VerDate Sep<11>2014 15:04 Oct 08, 2015 Jkt 238001 (surface vessels of war and special naval equipment), Category VII (ground vehicles), Category XIII (materials and miscellaneous articles), and Category XX (submersible vessels and related articles) on the USML (see 78 FR 40922) and added the following ‘‘600 series’’ ECCNs to the CCL (see 78 FR 40892): ECCNs 0A606, 0B606, 0C606, 0D606, and 0E606 (military vehicles and related items); ECCNs 8A609, 8B609, 8C609, 8D609, and 8E609 (vessels of war and related items); ECCNs 8A620, 8B620, 8D620, and 8E620 (submersible vessels, oceanographic equipment and related items); and ECCNs 0A617, 0B617, 0C617, 0D617, and 0E617 (auxiliary and miscellaneous military equipment). The Department of State is seeking comments from the public on the condition and efficacy of the revised Categories VI, VII, XIII, and XX and whether they are meeting the ECR objectives for the list revisions. BIS will make any changes to the CCL that it determines are necessary to complement revisions to the USML by the Department of State. In addition, through this notice of inquiry, BIS is independently seeking comments on how to improve the implementation of the aforementioned ‘‘600 series’’ ECCNs on the CCL. Executive Order 13563 On January 18, 2011, President Barack Obama issued Executive Order 13563, affirming general principles of regulation and directing government agencies to improve regulation and regulatory review. Among other things, the President stressed the need for the regulatory system to allow for public participation and an open exchange of ideas, as well as promote predictability and reduce uncertainty. The President also emphasized that regulations must be accessible, consistent, written in plain language, and easy to understand. As part of its ongoing effort to ensure that its regulations are clear, effective, and up-to-date, BIS is issuing this notice soliciting public comments. Dated: October 5, 2015. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2015–25752 Filed 10–8–15; 8:45 am] BILLING CODE 3510–33–P PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 DEPARTMENT OF STATE 22 CFR 121 [Public Notice: 9313] Notice of Inquiry; Request for Comments Regarding Review of United States Munitions List Categories VI, VII, XIII, and XX Department of State. Notice of inquiry, request for comments. AGENCY: ACTION: The Department of State requests comments from the public to inform its review of the controls implemented in recent revisions to Categories VI, VII, XIII and XX 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 drafting issues related to the USML categories under review. DATES: The Department of State will accept comments from the public until December 8, 2015. ADDRESSES: Interested parties may submit comments by one of the following methods: • Email: DDTCPublicComments@ state.gov with the subject line, ‘‘Review of USML Categories VI, VII, XIII and XX.’’ • Internet: At www.regulations.gov, search for this notice using its docket number, DOS–2015–0054. 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 DDTCPublicComments@state.gov. ATTN: Review of USML Categories VI, VII, XIII and XX. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\09OCP1.SGM 09OCP1 rmajette on DSK7SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Proposed Rules 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. On June 17, 2015, the Department published a Notice of Inquiry in the Federal Register requesting public VerDate Sep<11>2014 15:04 Oct 08, 2015 Jkt 238001 comment on USML Categories VIII and XIX, both of which were revised pursuant to the ECR initiative in late 2013. It was the first of what is planned to be a series of solicitations requesting feedback on those USML categories that have reached their one-year anniversary of revision. This Notice of Inquiry is the second such request. As suggested in its title, the subjects are Categories VI, VII, XIII and XX, which became effective on January 6, 2014 (see 78 FR 40922). As with the previous inquiry, 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. Request for Comments The Department requests public comment regarding USML Categories VI, VII, XIII and XX. 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 VI, VII, XIII or XX, 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 VI, VII, XIII and XX: 1. Emerging and new technologies that are appropriately controlled by one of the referenced categories, but which are not currently described in the subject categories or not described with sufficient clarity. 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 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 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 61139 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. 2015–25751 Filed 10–8–15; 8:45 am] BILLING CODE 4710–25–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 51, 60, 61, and 63 [EPA–HQ–OAR–2014–0292; FRL–9935–42– OAR] RIN 2060–AS34 Revisions to Test Methods, Performance Specifications, and Testing Regulations for Air Emission Sources; Extension of Comment Period Environmental Protection Agency (EPA). ACTION: Proposed rule; extension of comment period. AGENCY: The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule titled, ‘‘Revisions to Test Methods, Performance Specifications, and Testing Regulations for Air Emission Sources,’’ that was published in the Federal Register on September 8, 2015. The 60day comment period in the proposed rule is scheduled to end on November 9, 2015. The extended comment period will close on December 9, 2015. The EPA recently added a technical justification to the docket for the revision in the proposed rule regarding Subpart JJJJ of Part 60 (Standards of Performance for Stationary Spark Ignition Internal Combustion Engines). We also added background information to support our reasoning for soliciting comment about Method 7E stratification. Therefore, the EPA is extending the comment period to allow the public additional time to submit comments and supporting information on these and other aspects of the proposed rule. DATES: Comments on the proposed rule published September 8, 2015 (80 FR 54146) must be received on or before December 9, 2015. ADDRESSES: Comments. Written comments on the proposed rule may be submitted to the EPA electronically, by mail, by facsimile, or through hand delivery/courier. Please refer to the proposal (80 FR 54146) for the addresses and detailed instructions. SUMMARY: E:\FR\FM\09OCP1.SGM 09OCP1

Agencies

[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Proposed Rules]
[Pages 61138-61139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25751]


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DEPARTMENT OF STATE

22 CFR 121

[Public Notice: 9313]


Notice of Inquiry; Request for Comments Regarding Review of 
United States Munitions List Categories VI, VII, XIII, and XX

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 VI, VII, XIII and XX 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 drafting issues related to the USML 
categories under review.

DATES: The Department of State will accept comments from the public 
until December 8, 2015.

ADDRESSES: Interested parties may submit comments by one of the 
following methods:
     Email: DDTCPublicComments@state.gov with the subject line, 
``Review of USML Categories VI, VII, XIII and XX.''
     Internet: At www.regulations.gov, search for this notice 
using its docket number, DOS-2015-0054.
    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 DDTCPublicComments@state.gov. ATTN: Review of 
USML Categories VI, VII, XIII and XX.

SUPPLEMENTARY INFORMATION: 

[[Page 61139]]

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.
    On June 17, 2015, the Department published a Notice of Inquiry in 
the Federal Register requesting public comment on USML Categories VIII 
and XIX, both of which were revised pursuant to the ECR initiative in 
late 2013. It was the first of what is planned to be a series of 
solicitations requesting feedback on those USML categories that have 
reached their one-year anniversary of revision. This Notice of Inquiry 
is the second such request. As suggested in its title, the subjects are 
Categories VI, VII, XIII and XX, which became effective on January 6, 
2014 (see 78 FR 40922). As with the previous inquiry, 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.

Request for Comments

    The Department requests public comment regarding USML Categories 
VI, VII, XIII and XX. 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 VI, VII, XIII or XX, 
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 VI, VII, XIII and XX:
    1. Emerging and new technologies that are appropriately controlled 
by one of the referenced categories, but which are not currently 
described in the subject categories or not described with sufficient 
clarity.
    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 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. 2015-25751 Filed 10-8-15; 8:45 am]
 BILLING CODE 4710-25-P