Commerce Control List: Request for Comments Regarding Controls on Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic Equipment, and Auxiliary and Miscellaneous Military Equipment, 61137-61138 [2015-25752]
Download as PDF
<![CDATA[
Federal Register / Vol. 80, No. 196 / Friday, October 9, 2015 / Proposed Rules
Management, P.O. Box 3707, MC 2H–65,
Seattle, WA 98124–2207; telephone 206–
544–5000, extension 1; fax 206–766–5680;
Internet https://www.myboeingfleet.com. You
may view this referenced service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, Washington.
For information on the availability of this
material at the FAA, call 425–227–1221.
Issued in Renton, Washington, on
September 29, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
Comments must be received by
BIS no later than December 8, 2015.
DATES:
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 150820757–5757–01]
Commerce Control List: Request for
Comments Regarding Controls on
Military Vehicles, Vessels of War,
Submersible Vessels, Oceanographic
Equipment, and Auxiliary and
Miscellaneous Military Equipment
Bureau of Industry and
Security, Commerce.
ACTION: Notice of inquiry.
AGENCY:
The Bureau of Industry and
Security (BIS), Department of
Commerce, maintains the Export
Administration Regulations, including
the Commerce Control List (CCL). The
Export Control Reform Initiative, a
fundamental reform of the U.S. export
control system, has resulted in transfer
to the CCL of items that the President
has determined do not warrant control
on the United States Munitions List
(USML), including certain military
vehicles, vessels of war, submersible
vessels, oceanographic equipment,
auxiliary and miscellaneous military
equipment, and related items therefor.
The USML is part of the International
Traffic in Arms Regulations maintained
by the Department of State. Through
this notice, BIS is seeking public
comments to perform a complementary
review of the aforementioned items on
the CCL, concurrent with the
Department of State’s review of the
controls implemented in its recent
revisions to Categories VI, VII, XIII, and
XX of the USML (which control surface
vessels of war and special naval
equipment, military ground vehicles,
miscellaneous military articles and
materials, submersible vessels, and
related items therefor), to ensure that
the descriptions of these items on the
rmajette on DSK7SPTVN1PROD with PROPOSALS
VerDate Sep<11>2014
15:04 Oct 08, 2015
Jkt 238001
Comments may be
submitted to the Federal rulemaking
portal (https://www.regulations.gov). You
can find this notice by searching on its
regulations.gov docket number, which is
BIS–2015–0039. Comments may also be
submitted via email to
publiccommments@bis.doc.gov or on
paper to Regulatory Policy Division,
Bureau of Industry and Security, Room
2099B, U.S. Department of Commerce,
Washington, DC 20230. Please refer to
RIN 0694–XC025 in all comments and
in the subject line of email comments.
All comments (including any personally
identifying information) will be made
available for public inspection and
copying. Commerce’s full plan for
retrospective regulatory review can be
accessed at: https://open.commerce.gov/
news/2011/08/23/commerce-planretrospective-analysis-existing-rules.
ADDRESSES:
[FR Doc. 2015–25709 Filed 10–8–15; 8:45 am]
SUMMARY:
CCL 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 notice also
furthers the retrospective regulatory
review directed by the President in
Executive Order 13563.
For
questions regarding ground vehicles and
related items (ECCNs 0A606, 0B606,
0C606, 0D606 and 0E606), contact Gene
Christiansen, Office of National Security
and Technology Transfer Controls, at
202–482–2984 or gene.christiansen@
bis.doc.gov. For questions regarding
surface vessels and related items
(ECCNs 8A609, 8B609, 8C609, 8D609
and 8E609) or submersible vessels and
related items (ECCNs 8A620, 8B620,
8D620, and 8E620), contact Alexander
Lopes, Office of Nonproliferation and
Treaty Compliance, at 202–482–4875 or
alexander.lopes@bis.doc.gov. For
questions regarding miscellaneous
equipment, materials, and related items
(ECCNs 0A617, 0B617, 0C617, 0D617,
and 0E617), contact Michael Rithmire,
Office of National Security and
Technology Transfer Controls, at 202–
482–6105 or michael.rithmire@
bis.doc.gov. For questions regarding
license applications for any of the items
specified above, contact Elena Love,
Thomas DeFee or Jeffery Leitz of the
Office of Strategic Industries and
Economic Security, by phone, at 202–
482–4506, or by email, at Elena.Love@
bis.doc.gov, Thomas.DeFee@bis.doc.gov,
or Jeffrey.Leitz@bis.doc.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
61137
Background
The Bureau of Industry and Security
(BIS), Department of Commerce
maintains the Export Administration
Regulations, including the Commerce
Control List (CCL). The Export Control
Reform Initiative, a fundamental reform
of the U.S. export control system, has
resulted in transfer to the CCL of items
that the President has determined do
not warrant control on the United States
Munitions List (USML), including
certain military vehicles, vessels of war,
submersible vessels, oceanographic
equipment, auxiliary and miscellaneous
military equipment, and related items
therefor. The USML is part of the
International Traffic in Arms
Regulations maintained by the
Department of State. Through this
notice, BIS is seeking comments to
perform a complementary review of
military vehicles, vessels of war,
submersible vessels, oceanographic
equipment, auxiliary and miscellaneous
military equipment, and related items
on the CCL, concurrent with the
Department of State’s review of the
controls implemented in its recent
revisions to Categories VI, VII, XIII, and
XX of the USML (which control surface
vessels of war and special naval
equipment, military ground vehicles,
miscellaneous military articles and
materials, submersible vessels, and
related items therefor), to ensure that
the descriptions of these items on the
CCL 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.
Specifically, BIS is soliciting
comments on the clarity, usability and
any other matters related to
implementation of the ‘‘600 series’’
Export Control Classification Numbers
(ECCNs) that control the following
items, as well as certain items related
thereto: military vehicles (ECCNs
0A606, 0B606, 0C606, 0D606, and
0E606); vessels of war (ECCNs 8A609,
8B609, 8C609, 8D609, and 8E609);
submersible vessels and oceanographic
equipment (ECCNs 8A620, 8B620,
8D620, and 8E620); and auxiliary and
miscellaneous military equipment
(ECCNs 0A617, 0B617, 0C617, 0D617,
and 0E617).
The Export Control Reform Initiative:
USML Review and the CCL
A core element of the Export Control
Reform (ECR) Initiative has been the
streamlining of categories on the USML
and the control on the CCL of those
items that the President determines do
E:\FR\FM\09OCP1.SGM
09OCP1
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
]]>Agencies
[Federal Register Volume 80, Number 196 (Friday, October 9, 2015)]
[Proposed Rules]
[Pages 61137-61138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25752]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 150820757-5757-01]
Commerce Control List: Request for Comments Regarding Controls on
Military Vehicles, Vessels of War, Submersible Vessels, Oceanographic
Equipment, and Auxiliary and Miscellaneous Military Equipment
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notice of inquiry.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS), Department of
Commerce, maintains the Export Administration Regulations, including
the Commerce Control List (CCL). The Export Control Reform Initiative,
a fundamental reform of the U.S. export control system, has resulted in
transfer to the CCL of items that the President has determined do not
warrant control on the United States Munitions List (USML), including
certain military vehicles, vessels of war, submersible vessels,
oceanographic equipment, auxiliary and miscellaneous military
equipment, and related items therefor. The USML is part of the
International Traffic in Arms Regulations maintained by the Department
of State. Through this notice, BIS is seeking public comments to
perform a complementary review of the aforementioned items on the CCL,
concurrent with the Department of State's review of the controls
implemented in its recent revisions to Categories VI, VII, XIII, and XX
of the USML (which control surface vessels of war and special naval
equipment, military ground vehicles, miscellaneous military articles
and materials, submersible vessels, and related items therefor), to
ensure that the descriptions of these items on the CCL 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
notice also furthers the retrospective regulatory review directed by
the President in Executive Order 13563.
DATES: Comments must be received by BIS no later than December 8, 2015.
ADDRESSES: Comments may be submitted to the Federal rulemaking portal
(https://www.regulations.gov). You can find this notice by searching on
its regulations.gov docket number, which is BIS-2015-0039. Comments may
also be submitted via email to publiccommments@bis.doc.gov or on paper
to Regulatory Policy Division, Bureau of Industry and Security, Room
2099B, U.S. Department of Commerce, Washington, DC 20230. Please refer
to RIN 0694-XC025 in all comments and in the subject line of email
comments. All comments (including any personally identifying
information) will be made available for public inspection and copying.
Commerce's full plan for retrospective regulatory review can be
accessed at: https://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.
FOR FURTHER INFORMATION CONTACT: For questions regarding ground
vehicles and related items (ECCNs 0A606, 0B606, 0C606, 0D606 and
0E606), contact Gene Christiansen, Office of National Security and
Technology Transfer Controls, at 202-482-2984 or
gene.christiansen@bis.doc.gov. For questions regarding surface vessels
and related items (ECCNs 8A609, 8B609, 8C609, 8D609 and 8E609) or
submersible vessels and related items (ECCNs 8A620, 8B620, 8D620, and
8E620), contact Alexander Lopes, Office of Nonproliferation and Treaty
Compliance, at 202-482-4875 or alexander.lopes@bis.doc.gov. For
questions regarding miscellaneous equipment, materials, and related
items (ECCNs 0A617, 0B617, 0C617, 0D617, and 0E617), contact Michael
Rithmire, Office of National Security and Technology Transfer Controls,
at 202-482-6105 or michael.rithmire@bis.doc.gov. For questions
regarding license applications for any of the items specified above,
contact Elena Love, Thomas DeFee or Jeffery Leitz of the Office of
Strategic Industries and Economic Security, by phone, at 202-482-4506,
or by email, at Elena.Love@bis.doc.gov, Thomas.DeFee@bis.doc.gov, or
Jeffrey.Leitz@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS), Department of Commerce
maintains the Export Administration Regulations, including the Commerce
Control List (CCL). The Export Control Reform Initiative, a fundamental
reform of the U.S. export control system, has resulted in transfer to
the CCL of items that the President has determined do not warrant
control on the United States Munitions List (USML), including certain
military vehicles, vessels of war, submersible vessels, oceanographic
equipment, auxiliary and miscellaneous military equipment, and related
items therefor. The USML is part of the International Traffic in Arms
Regulations maintained by the Department of State. Through this notice,
BIS is seeking comments to perform a complementary review of military
vehicles, vessels of war, submersible vessels, oceanographic equipment,
auxiliary and miscellaneous military equipment, and related items on
the CCL, concurrent with the Department of State's review of the
controls implemented in its recent revisions to Categories VI, VII,
XIII, and XX of the USML (which control surface vessels of war and
special naval equipment, military ground vehicles, miscellaneous
military articles and materials, submersible vessels, and related items
therefor), to ensure that the descriptions of these items on the CCL
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.
Specifically, BIS is soliciting comments on the clarity, usability
and any other matters related to implementation of the ``600 series''
Export Control Classification Numbers (ECCNs) that control the
following items, as well as certain items related thereto: military
vehicles (ECCNs 0A606, 0B606, 0C606, 0D606, and 0E606); vessels of war
(ECCNs 8A609, 8B609, 8C609, 8D609, and 8E609); submersible vessels and
oceanographic equipment (ECCNs 8A620, 8B620, 8D620, and 8E620); and
auxiliary and miscellaneous military equipment (ECCNs 0A617, 0B617,
0C617, 0D617, and 0E617).
The Export Control Reform Initiative: USML Review and the CCL
A core element of the Export Control Reform (ECR) Initiative has
been the streamlining of categories on the USML and the control on the
CCL of those items that the President determines do
[[Page 61138]]
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 (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
