Request for Public Comments Regarding Controls on Energetic Materials, Armored and Protective “Equipment” and Military Electronics, 5968-5970 [2018-02496]
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Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules
designation listed in this document will
be published subsequently in the Order.
Regulatory Notices and Analyses
The FAA has determined that this
proposed regulation only involves an
established body of technical
regulations for which frequent and
routine amendments are necessary to
keep them operationally current. It,
therefore: (1) Is not a ‘‘significant
regulatory action’’ under Executive
Order 12866; (2) is not a ‘‘significant
rule’’ under DOT Regulatory Policies
and Procedures (44 FR 11034; February
26, 1979); and (3) does not warrant
preparation of a Regulatory Evaluation
as the anticipated impact is so minimal.
Since this is a routine matter that will
only affect air traffic procedures and air
navigation, it is certified that this
proposed rule, when promulgated, will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
Environmental Review
This proposal will be subject to an
environmental analysis in accordance
with FAA Order 1050.1F,
‘‘Environmental Impacts: Policies and
Procedures’’ prior to any FAA final
regulatory action.
The Proposed Amendment
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend 14 CFR part 71 as
follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.11B,
Airspace Designations and Reporting
Points, dated August 3, 2017, and
effective September 15, 2017, is
amended as follows:
daltland on DSKBBV9HB2PROD with PROPOSALS
Paragraph 5000
Class D Airspace.
*
*
*
*
Class E Surface Area
*
*
*
*
ASO MS E2
*
Greenwood-Leflore Airport, MS
(Lat. 33°29′39″ N, long. 90°05′05″ W)
Within a 4.4-mile radius of GreenwoodLeflore Airport. This Class E airspace area is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective date and time will
thereafter be continuously published in the
Chart Supplement.
Paragraph 6004 Class E Airspace
Designated as an Extension to a Class D
Surface Area.
*
*
*
*
Greenwood, MS [Amended]
Greenwood-Leflore Airport, MS
(Lat. 33°29′39″ N, long. 90°05′05″ W)
Sidon VORTAC
(Lat. 33°27′50″ N, long. 90°16′38″ W)
That airspace extending upward from the
surface within 1.4 miles each side of the
Sidon VORTAC 079° radial, extending from
the 4.4-miles radius of Greenwood-Leflore
Airport to 4 miles east of the VORTAC.
Paragraph 6005 Class E Airspace Areas
Extending Upward From 700 Feet or More
Above the Surface of the Earth.
*
*
*
ASO MS E5
*
*
Greenwood, MS [Amended]
Greenwood-Leflore Airport, MS
(Lat. 33°29′39″ N, long. 90°05′05″ W)
Sidon VORTAC
(Lat. 33°27′50″ N, long. 90°16’38″ W)
That airspace extending upward from 700
feet above the surface within a 6.9-mile
radius of Greenwood-Leflore Airport and
within 1.2 miles each side of the Sidon
VORTAC 079° radial, extending from the 6.9mile radius to 2 miles each of the VORTAC.
Issued in College Park, Georgia, on January
31, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2018–02555 Filed 2–9–18; 8:45 am]
BILLING CODE 4910–13–P
*
ASO MS D Greenwood, MS [Amended]
Greenwood-Leflore Airport, MS
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17:29 Feb 09, 2018
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 170721692–8078–01]
RIN 0694–XC037
Request for Public Comments
Regarding Controls on Energetic
Materials, Armored and Protective
‘‘Equipment’’ and Military Electronics
Bureau of Industry and
Security, Commerce.
ACTION: Notice of Inquiry; request for
comments.
AGENCY:
Greenwood, MS [Amended]
ASO MS E4
Airspace, Incorporation by reference,
Navigation (air).
■
Paragraph 6002
Airspace.
*
Lists of Subjects in 14 CFR Part 71
§ 71.1
(Lat. 33°29′39″ N, long. 90°05′05″ W)
That airspace extending upward from the
surface to and including 2,700 feet MSL
within a 4.4-mile radius of GreenwoodLeflore Airport. This Class D airspace area is
effective during the specific dates and times
established in advance by a Notice to
Airmen. The effective dates and times will
thereafter be continuously published in the
Chart Supplement.
The Bureau of Industry and
Security (BIS), Department of
Commerce, is seeking public comments
to perform a complementary review of
items on the Commerce Control List
concurrent with the Department of
State’s review of the controls
implemented in its recent revisions of
parts of the United States Munitions List
(which control explosives and energetic
materials, propellants, incendiary agents
and their constituents; personal
protective equipment; and military
electronics), to ensure that the
descriptions of these items on the CCL
are clear, items for normal commercial
use are not inadvertently controlled as
military items on the USML,
technological developments are
accounted for on the control lists, and
controls properly implement the
national security and foreign policy
objectives of the United States. This
Notice of Inquiry also furthers the
regulatory reform agenda directed by the
President in Executive Order 13777.
DATES: Comments must be received by
BIS no later than April 13, 2018.
ADDRESSES: Comments may be
submitted through the Federal
rulemaking portal (https://
www.regulations.gov). The
regulations.gov ID number for this rule
is BIS–2018–0004. All comments
(including any personally identifying
information) will be made available for
public inspection and copying.
FOR FURTHER INFORMATION CONTACT:
For technical questions relating to the
item. For questions regarding energetic
materials (ECCNs 1B608, 1C608, 1D608
and 1E608) or personal protective
equipment, shelters and related items
(ECCNs 1A613, 1B613, 1D613 and
1E613), contact Joseph Giunta in the
Office of National Security and
Technology Transfer Controls,
Electronics and Materials Division at
(202) 482–3127 or Joseph.Giunta@
bis.doc.gov. For questions relating to
SUMMARY:
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Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules
military electronics (ECCNs 3A611,
3B611, 3D611 and 3E611), contact Brian
Baker, Director, Electronics and
Materials Division, Office of National
Security and Technology Transfer
Controls at (202) 482–5534 or
Brian.Baker@bis.doc.gov. For questions
relating to cryogenic and
superconducting equipment (ECCNs
9A620, 9B620, 9D620 and 9E620),
contact Michael Tu in the Office of
National Security and Technology
Transfer Controls, Sensors and Aviation
Division at (202) 482–6462 or
Michael.Tu@bis.doc.gov.
For licensing questions related to the
item. For general questions regarding
license applications for ‘‘600 series’’
ECCNs, contact Thomas DeFee or
Christopher Williams in the Office of
Strategic Industries and Economic
Security, Munitions Control Division, at
(202) 482–4506 or at Thomas.DeFee@
bis.doc.gov or Christopher.Williams@
bis.doc.gov. For ‘‘600 series’’ licenses
regarding energetic materials (ECCNs
1B608, 1C608, 1D608 and 1E608) or
personal protective equipment, shelters
and related items (ECCNs 1A613,
1B613, 1D613 and 1E613), contact Kylie
Gaskins, Munitions Control Division at
(202) 482–3064 or Kylie.Gaskins@
bis.doc.gov. For ‘‘600 series’’ licenses
relating to military electronics (ECCNs
3A611, 3B611, 3D611 and 3E611) and
cryogenic and superconducting
equipment (ECCNs 9A620, 9B620,
9D620 and 9E620), contact Adam
Duvall, Munitions Control Division at
(202) 482–6534 or Adam.Duvall@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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Background
The Bureau of Industry and Security
(BIS), Department of Commerce,
maintains the Export Administration
Regulations, including the Commerce
Control List (CCL). The items controlled
under the ‘‘600 series’’ entries on the
CCL were previously controlled on the
United States Munitions List (USML),
which is part of the International Traffic
in Arms Regulations (ITAR), maintained
by the Department of State. These items,
including energetic materials, armored
and protective ‘‘equipment’’ and
military electronics, were determined by
the President to not warrant control on
the USML.
Through this Notice of Inquiry (NOI),
BIS is seeking public comments to
perform a complementary review of
energetic materials, armored and
protective ‘‘equipment’’ and military
electronics and related items therefor,
on the CCL, concurrent with the
Department of State’s review of the
VerDate Sep<11>2014
17:29 Feb 09, 2018
Jkt 244001
controls implemented in its recent
revisions to Categories V, X and XI of
the USML (which control explosives
and energetic materials, propellants,
incendiary agents and their
constituents, personal protective
equipment, and military electronics), to
ensure that the descriptions of these
items on the CCL are clear, items for
normal commercial use are not
inadvertently controlled as military
items on the USML, technological
developments are accounted for on the
control lists, and controls properly
implement the national security and
foreign policy objectives of the United
States.
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: energetic materials (ECCNs
1B608, 1C608, 1D608 and 1E608);
armored and protective ‘‘equipment’’
(ECCNs 1A613, 1B613, 1D613, 1E613);
military electronics (ECCNs 3A611,
3B611, 3D611 and 3E611); and
cryogenic and superconducting
equipment (ECCNs 9A620, 9B620,
9D620 and 9E620).
A core element of the transfer of
certain articles on the USML to ‘‘600
series’’ ECCNs on the CCL has been the
streamlining of categories on the USML,
resulting in the control on the CCL of
items that the President determines do
not warrant USML control. On
December 10, 2010, the Department of
State provided notice to the public of its
intent 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 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 licensing
jurisdiction of the EAR. Since that time,
the Department of State has published
final rules setting forth revisions for
eighteen USML categories, each of
which has been reorganized into a
uniform and more ‘‘positive list’’
structure. In coordination with the
Department of State, the Department of
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5969
Commerce has published final rules that
made corresponding revisions to the
CCL by controlling items that the
President has determined do not
warrant control on the USML.
The advantage of revising the USML
into a 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 ITAR, without inadvertently
controlling items in normal commercial
use. However, this approach requires
that the USML and the CCL be regularly
reviewed and updated to account for the
following: technological developments;
issues identified by exporters and
reexporters involving the practical
application of these controls; and
changes in the military and commercial
applications of items affected by the
USML or by the corresponding ‘‘600
series’’ ECCNs on the CCL.
Consistent with the approach
described above, this NOI requests
public comments as part of a review of
changes to the EAR that complements a
similar review the Department of State
is performing with respect to the ITAR.
As discussed above, the Departments of
State and Commerce reviews are being
undertaken to follow up on sets of rules
published by the Departments of State
and Commerce. These rules
implemented revisions to the following
categories of the USML: Category V
(explosives and energetic materials,
propellants, incendiary agents and their
constituents), effective July 1, 2014 (see
79 FR 34); Category X (protective
personnel equipment), effective July 1,
2014 (see 79 FR 34); and Category XI
(military electronics), effective
December 30, 2014 (see 79 FR 37536).
These rules also added the following
‘‘600 series’’ ECCNs to the CCL: ECCNs
1B608, 1C608, 1D608, 1E608, 1A613,
1B613, 1D613 and 1E613, effective July
1, 2014 (see 79 FR 264), and ECCNs
3A611, 3B611, 3D611, 3E611, 9A620,
9B620, 9D620 and 9E620, effective
December 30, 2014 (see 79 FR 37551).
The Department of State is seeking
comments from the public on the
condition and efficacy of the revised
Categories V, X, and XI and whether
they are meeting the 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 NOI, BIS is
independently seeking comments on
how to improve the implementation of
these ‘‘600 series’’ ECCNs on the CCL.
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Federal Register / Vol. 83, No. 29 / Monday, February 12, 2018 / Proposed Rules
BIS is also seeking comments on
potential cost savings to private entities
from shifting control of specific
commercial items from USML to the
CCL. To the extent possible, please
quantify the cost of compliance with
USML control of commercial items, to
include the time saved, the reduction in
paperwork, and any other cost savings
for a particular change.
Dated: January 31, 2018.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2018–02496 Filed 2–9–18; 8:45 am]
BILLING CODE 3510–33–P
List Review
DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice 9980; Docket Number DOS–
2017–0017]
RIN 1400–AE46
Notice of Inquiry; Request for
Comments Regarding Review of
United States Munitions List
Categories V, X, and XI
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 V, X, and XI of the United
States Munitions List (USML). The
Department periodically reviews 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 United States.
DATES: The Department will accept
comments on the Notice of Inquiry up
to April 13, 2018.
ADDRESSES: You may send comments,
identified by docket number DOS–
2017–0017, by any of the following
methods:
• Email: DDTCPublicComments@
state.gov. Include docket number DOS–
2017 in the subject line with, ‘‘Request
for Comments Regarding Review of
USML Categories V, X and XI.’’
• Internet: At www.regulations.gov
Follow the instructions for sending
comments using docket number, DOS–
2017–0017.
Comments submitted through
www.regulations.gov will be visible to
other members of the public; the
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SUMMARY:
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17:29 Feb 09, 2018
Department will publish all comments
on the Directorate of Defense Trade
Controls website
(www.pmddtc.state.gov). Therefore,
commenters are cautioned not to
include proprietary or other sensitive
information in their comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Engda Wubneh, Office of Defense Trade
Controls Policy, Department of State,
telephone (202) 663–2816; email
wubnehem@state.gov. ATTN: Request
for Comments Regarding Review of
USML Categories V, X and XI.
SUPPLEMENTARY INFORMATION:
Jkt 244001
On December 10, 2010, the
Department provided notice to the
public of its intent 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, catch-all,
or design intent-based criteria (see 75
FR 76935). 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 18
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.
This Notice of Inquiry is the third in
a series of solicitations requesting
feedback on revised USML categories.
Previous Notices of Inquiry requested
comments on Categories VIII and XIX
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Fmt 4702
Sfmt 4702
(see 80 FR 11314) and Categories VI, VII,
XIII, and XX (see 80 FR 61138). As
indicated above, the subjects of this
Notice of Inquiry are Categories V and
X, which was most recently revised on
January 2, 2014 (see 79 FR 34), and
Category XI, which was most recently
revised on July 1, 2014 (see 79 FR
37536). Additionally, the Department
determined that it is in the interest of
the security of the United States to
temporarily revise USML Category XI
paragraph (b), pursuant to the
provisions of 22 CFR 126.2, while a
long-term solution is developed. A
recent final rule extends the July 2, 2015
modification (80 FR 78130) to August
30, 2018 to allow the U.S. government
to review USML Category XI in full and
publish proposed and final rules. As
with previous inquiries, the Department
seeks comment from the public on the
condition and efficacy of these
categories.
Request for Comments
The Department requests public
comment on USML Categories V, X and
XI. General comments on other aspects
of the ITAR, to include other categories
of the USML, 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 V, X and XI:
1. Emerging and new technologies
that are appropriately controlled by one
of the referenced categories, but which
are not currently described in 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 5 years.
4. Drafting or other technical issues in
the text of all of the referenced
categories.
5. Comments regarding USML
Category XI paragraph (b) modification.
6. Potential cost savings to private
entities from shifting control of specific
commercial items from USML to the
Export Administration Regulations. To
the extent possible, please quantify the
cost of compliance with USML control
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]]>Agencies
[Federal Register Volume 83, Number 29 (Monday, February 12, 2018)]
[Proposed Rules]
[Pages 5968-5970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-02496]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 170721692-8078-01]
RIN 0694-XC037
Request for Public Comments Regarding Controls on Energetic
Materials, Armored and Protective ``Equipment'' and Military
Electronics
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notice of Inquiry; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS), Department of
Commerce, is seeking public comments to perform a complementary review
of items on the Commerce Control List concurrent with the Department of
State's review of the controls implemented in its recent revisions of
parts of the United States Munitions List (which control explosives and
energetic materials, propellants, incendiary agents and their
constituents; personal protective equipment; and military electronics),
to ensure that the descriptions of these items on the CCL are clear,
items for normal commercial use are not inadvertently controlled as
military items on the USML, technological developments are accounted
for on the control lists, and controls properly implement the national
security and foreign policy objectives of the United States. This
Notice of Inquiry also furthers the regulatory reform agenda directed
by the President in Executive Order 13777.
DATES: Comments must be received by BIS no later than April 13, 2018.
ADDRESSES: Comments may be submitted through the Federal rulemaking
portal (https://www.regulations.gov). The regulations.gov ID number for
this rule is BIS-2018-0004. All comments (including any personally
identifying information) will be made available for public inspection
and copying.
FOR FURTHER INFORMATION CONTACT:
For technical questions relating to the item. For questions
regarding energetic materials (ECCNs 1B608, 1C608, 1D608 and 1E608) or
personal protective equipment, shelters and related items (ECCNs 1A613,
1B613, 1D613 and 1E613), contact Joseph Giunta in the Office of
National Security and Technology Transfer Controls, Electronics and
Materials Division at (202) 482-3127 or [email protected]. For
questions relating to
[[Page 5969]]
military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611), contact
Brian Baker, Director, Electronics and Materials Division, Office of
National Security and Technology Transfer Controls at (202) 482-5534 or
[email protected]. For questions relating to cryogenic and
superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620),
contact Michael Tu in the Office of National Security and Technology
Transfer Controls, Sensors and Aviation Division at (202) 482-6462 or
[email protected].
For licensing questions related to the item. For general questions
regarding license applications for ``600 series'' ECCNs, contact Thomas
DeFee or Christopher Williams in the Office of Strategic Industries and
Economic Security, Munitions Control Division, at (202) 482-4506 or at
[email protected] or [email protected]. For ``600
series'' licenses regarding energetic materials (ECCNs 1B608, 1C608,
1D608 and 1E608) or personal protective equipment, shelters and related
items (ECCNs 1A613, 1B613, 1D613 and 1E613), contact Kylie Gaskins,
Munitions Control Division at (202) 482-3064 or
[email protected]. For ``600 series'' licenses relating to
military electronics (ECCNs 3A611, 3B611, 3D611 and 3E611) and
cryogenic and superconducting equipment (ECCNs 9A620, 9B620, 9D620 and
9E620), contact Adam Duvall, Munitions Control Division at (202) 482-
6534 or [email protected].
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 items controlled under the ``600 series''
entries on the CCL were previously controlled on the United States
Munitions List (USML), which is part of the International Traffic in
Arms Regulations (ITAR), maintained by the Department of State. These
items, including energetic materials, armored and protective
``equipment'' and military electronics, were determined by the
President to not warrant control on the USML.
Through this Notice of Inquiry (NOI), BIS is seeking public
comments to perform a complementary review of energetic materials,
armored and protective ``equipment'' and military electronics and
related items therefor, on the CCL, concurrent with the Department of
State's review of the controls implemented in its recent revisions to
Categories V, X and XI of the USML (which control explosives and
energetic materials, propellants, incendiary agents and their
constituents, personal protective equipment, and military electronics),
to ensure that the descriptions of these items on the CCL are clear,
items for normal commercial use are not inadvertently controlled as
military items on the USML, technological developments are accounted
for on the control lists, and controls properly implement the national
security and foreign policy objectives of the United States.
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: energetic
materials (ECCNs 1B608, 1C608, 1D608 and 1E608); armored and protective
``equipment'' (ECCNs 1A613, 1B613, 1D613, 1E613); military electronics
(ECCNs 3A611, 3B611, 3D611 and 3E611); and cryogenic and
superconducting equipment (ECCNs 9A620, 9B620, 9D620 and 9E620).
A core element of the transfer of certain articles on the USML to
``600 series'' ECCNs on the CCL has been the streamlining of categories
on the USML, resulting in the control on the CCL of items that the
President determines do not warrant USML control. On December 10, 2010,
the Department of State provided notice to the public of its intent 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 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 licensing jurisdiction of the EAR. Since that time, the
Department of State has published final rules setting forth revisions
for eighteen USML categories, each of which has been reorganized into a
uniform and more ``positive list'' structure. In coordination with the
Department of State, the Department of Commerce has published final
rules that made corresponding revisions to the CCL by controlling items
that the President has determined do not warrant control on the USML.
The advantage of revising the USML into a 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 ITAR, without
inadvertently controlling items in normal commercial use. However, this
approach requires that the USML and the CCL be regularly reviewed and
updated to account for the following: technological developments;
issues identified by exporters and reexporters involving the practical
application of these controls; and changes in the military and
commercial applications of items affected by the USML or by the
corresponding ``600 series'' ECCNs on the CCL.
Consistent with the approach described above, this NOI requests
public comments as part of a review of changes to the EAR that
complements a similar review the Department of State is performing with
respect to the ITAR. As discussed above, the Departments of State and
Commerce reviews are being undertaken to follow up on sets of rules
published by the Departments of State and Commerce. These rules
implemented revisions to the following categories of the USML: Category
V (explosives and energetic materials, propellants, incendiary agents
and their constituents), effective July 1, 2014 (see 79 FR 34);
Category X (protective personnel equipment), effective July 1, 2014
(see 79 FR 34); and Category XI (military electronics), effective
December 30, 2014 (see 79 FR 37536). These rules also added the
following ``600 series'' ECCNs to the CCL: ECCNs 1B608, 1C608, 1D608,
1E608, 1A613, 1B613, 1D613 and 1E613, effective July 1, 2014 (see 79 FR
264), and ECCNs 3A611, 3B611, 3D611, 3E611, 9A620, 9B620, 9D620 and
9E620, effective December 30, 2014 (see 79 FR 37551). The Department of
State is seeking comments from the public on the condition and efficacy
of the revised Categories V, X, and XI and whether they are meeting the
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 NOI, BIS is
independently seeking comments on how to improve the implementation of
these ``600 series'' ECCNs on the CCL.
[[Page 5970]]
BIS is also seeking comments on potential cost savings to private
entities from shifting control of specific commercial items from USML
to the CCL. To the extent possible, please quantify the cost of
compliance with USML control of commercial items, to include the time
saved, the reduction in paperwork, and any other cost savings for a
particular change.
Dated: January 31, 2018.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2018-02496 Filed 2-9-18; 8:45 am]
BILLING CODE 3510-33-P
