Request for Public Comments Regarding Review of Commerce Control List for Items Transferred From United States Munitions List Categories IV and XV, 8485-8486 [2019-04268]
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Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Proposed Rules
(i) Corrective Action
If any crack is found during any inspection
required by paragraph (h) of this AD: Before
further flight, obtain corrective actions
approved by the Manager, International
Section, Transport Standards Branch, FAA;
or the European Aviation Safety Agency
(EASA); or 328 Support Services GmbH’s
EASA Design Organization Approval (DOA);
and accomplish the corrective actions within
the compliance time specified therein. If
approved by the DOA, the approval must
include the DOA-authorized signature.
(j) No Reporting Requirement
Although 328 Support Services Alert
Service Bulletin ASB–328–57–043, dated
September 21, 2018, specifies to submit
certain information to the manufacturer, this
AD does not include that requirement.
(k) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Section, Transport Standards Branch, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the International Section, send it
to the attention of the person identified in
paragraph (l)(2) of this AD. Information may
be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any
approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain corrective
actions from a manufacturer, the action must
be accomplished using a method approved
by the Manager, International Section,
Transport Standards Branch, FAA; or EASA;
or 328 Support Services GmbH’s EASA DOA.
If approved by the DOA, the approval must
include the DOA-authorized signature.
(l) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2018–0254, dated
November 23, 2018, for related information.
This MCAI may be found in the AD docket
on the internet at https://www.regulations.gov
by searching for and locating Docket No.
FAA–2019–0117.
(2) For more information about this AD,
contact Todd Thompson, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax 206–231–3228.
(3) For service information identified in
this AD, contact 328 Support Services GmbH,
Global Support Center, P.O. Box 1252, D–
82231 Wessling, Federal Republic of
Germany; telephone +49 8153 88111 6666;
fax +49 8153 88111 6565; email gsc.op@
328support.de; internet https://
www.328support.de. You may view this
VerDate Sep<11>2014
16:08 Mar 07, 2019
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service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued in Des Moines, Washington, on
February 28, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–04144 Filed 3–7–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
RIN 0694–AH66
Request for Public Comments
Regarding Review of Commerce
Control List for Items Transferred
From United States Munitions List
Categories IV and XV
Bureau of Industry and
Security, Commerce.
ACTION: Advanced notice of proposed
rulemaking.
AGENCY:
As part of its work with the
National Space Council, the Bureau of
Industry and Security, Department of
Commerce requests public comment to
inform its review of the controls
implemented in recent revisions to
Categories IV and XV of the United
States Munitions List (USML) and the
related transfer of items to the
Department of Commerce’s Commerce
Control List (CCL). These items include
launch vehicles, guided missiles,
ballistic missiles, rockets, torpedoes,
bombs, and mines; and spacecraft and
related articles. BIS’s review seeks to
ensure that the CCL describes these
items clearly, captures those items in
normal commercial use, accounts for
technological developments, and
implements the national security and
foreign policy objectives of the United
States properly.
DATES: Comments must be received by
BIS no later than April 22, 2019.
ADDRESSES: Comments may be
submitted through the Federal
rulemaking portal (https://
www.regulations.gov). The
regulations.gov ID number for this rule
is BIS–2018–0029. All comments
(including any personally identifying
information) will be made available for
public inspection and copying.
FOR FURTHER INFORMATION CONTACT: For
questions regarding launch vehicles,
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guided missiles, ballistic missiles,
rockets, torpedoes, bombs, and mines
(Export Control Classification Numbers
(ECCNs) 0A604, 0B604, 0D604, 0E604,
9A604, 9B604, 9D604, and 9E604),
contact Jeffrey Leitz, Senior Staff
Engineer, Munitions Control Division,
Office of Strategic Industries and
Economic Security at (202) 482–7417 or
Jeffrey.Leitz@bis.doc.gov. For questions
regarding spacecraft and related items
(ECCNs 9A515, 9B515, 9D515, and
9E515), contact Dennis Krepp, Director,
Sensors and Aviation Division, Office of
National Security and Technology
Transfer Controls at (202) 482–1309 or
Dennis.Krepp@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
[Docket No. 181010936–8936–01]
SUMMARY:
8485
The Bureau of Industry and Security
(BIS), Department of Commerce,
maintains the CCL under the Export
Administration Regulations (EAR). To
ensure controls align with the national
security and foreign policy objectives of
the U.S. Government, the USML and the
CCL must be regularly reviewed and
updated to account for technological
developments, issues related to the
practical application of these controls,
and changes in the military and
commercial applications of items
covered by the USML or by the
corresponding ‘‘600 series’’ and 9x515
ECCNs on the CCL.
Consistent with the objectives in
Space Policy Directive–2 (available at
https://www.whitehouse.gov/
presidential-actions/space-policydirective-2-streamlining-regulationscommercial-use-space/), this Advanced
Notice of Proposed Rulemaking
(ANPRM), seeks public comments to
inform a review of those items on the
CCL implemented in connection with
the recent removal of articles from
Categories IV (79 FR 34, January 2,
2014) and XV (82 FR 2889, January 10,
2017) of the USML and the placement
of those items on the CCL. BIS seeks to
ensure the CCL includes clear
descriptions, captures items in normal
commercial use, takes into account
technological developments, and
implements the national security and
foreign policy objectives of the United
States properly.
In particular, BIS seeks comment on
ways to thoughtfully streamline export
control regulations for both the U.S.
commercial space industry as well as
our international partners to lower
administrative burden, decrease
regulatory compliance costs as well as
increase exports thereby bolstering the
U.S. space commercial sector and
industrial base.
E:\FR\FM\08MRP1.SGM
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8486
Federal Register / Vol. 84, No. 46 / Friday, March 8, 2019 / Proposed Rules
Request for Comments
1. For technologies controlled under
ECCN 9A515—examples include
habitats, planetary rovers, and planetary
systems such as communications and
power—what factors or specific
technologies should be considered for
movement to a different ECCN or
paragraph under ECCN 9A515 with less
stringent licensing requirements?
2. The USG is considering further
refinement or updated controls on the
various technologies listed below. Are
there additional specific space-related
technologies not described in the list
which warrant further review by State
or Commerce given their current or
anticipated near term commercial
applications?
Æ Satellite thrusters (bi-propellant,
electric, and liquid apogee engines);
Æ gyroscopes;
Æ inertial navigation systems;
Æ large aperture earth observation
cameras;
Æ spacecraft antenna systems and
adaptive Global Navigation Satellite
System (GNSS) antennas;
Æ suborbital systems with propulsion
systems currently controlled under
USML;
Æ kapton tape;
Æ star trackers; and
Æ astrocompasses.
3. NASA continues to pursue
development of the future Lunar
Gateway, which may be described in
USML Category XV(a). If moved to the
CCL, what would be the appropriate
controls to apply to items associated
with the Lunar Gateway, e.g., ECCNs
9A515 or 9A004?
4. Are there technologies controlled in
the USML for either Category IV and
XV, which are not currently described
or not described with sufficient clarity
which the commenter believes should
be controlled under the EAR? While this
notice discusses specific items based on
initial communications with industry,
the list is not exhaustive and
commenters are encouraged to provide
additional examples within both USML
categories.
5. Are there specific defense articles
which have entered into normal
commercial use since the most recent
revisions? If so, please provide
sufficient detail in describing and
identifying the article to support your
claim. Commenters may include
documentation to support this claim,
e.g., product information demonstrating
what is currently in the market (web
pages describing products and product
brochures), or scientific and industry
articles, in particular those also
describing trends in commercial
VerDate Sep<11>2014
16:08 Mar 07, 2019
Jkt 247001
products, that resulted from new
technologies or manufacturing methods.
6. Are there defense articles for which
commercial use is proposed, intended,
or anticipated in the next five years? If
so, provide sufficient detail in
describing and identifying the article to
support your claim. Commenters may
include documentation to support this
claim, e.g., product development or
marketing information describing what
products will soon to be in the market
(web pages describing products under
development, press releases related to
products under development) or
scientific and industry articles, in
particular those describing new
products that may soon enter the market
place as a result of new technologies or
manufacturing methods.
7. Are there other technical issues for
these items which BIS should address,
e.g., the addition of technical notes or
defined terms used in the control
parameters to make the controls easier
to understand and apply consistently?
8. What are the cost savings to private
entities by shifting control of additional
specific commercial items from the
USML to the CCL? To the extent
possible, please quantify the current
cost of compliance with USML control
of an item and any cost savings if a
particular change was implemented.
Cost savings could include time saved
in terms of regulatory uncertainty over
whether certain items are regulated as
on the USML or the CCL. This reduced
uncertainty, under the ‘‘bright line’’
approach of the USML to CCL review
process, would allow both BIS and
industry to avoid spending hours and
resources on case by case
determinations for certain items. As
much as possible, please quantify time
saved, reduction in compliance costs,
and reduction in paperwork.
Please note general comments on
other aspects of the CCL are outside of
the scope of this inquiry.
Dated: February 22, 2019.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2019–04268 Filed 3–7–19; 8:45 am]
BILLING CODE 3510–33–P
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DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice 10568; Docket Number DOS–
2018–0048]
RIN 1400–AE73
Request for Comments Regarding
Review of United States Munitions List
Categories IV and XV
Department of State.
Advanced notice of proposed
rulemaking; request for comments.
AGENCY:
ACTION:
As part of its work with the
National Space Council, the Department
of State requests comments from the
public to inform its review of the
controls implemented in recent
revisions to Categories IV and XV 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 up to April 22, 2019.
ADDRESSES: You may send comments by
any of the following methods:
• Email: DDTCPublicComments@
state.gov. Please include ‘‘USML
Categories IV and XV’’ in the subject
line.
• Internet: At www.regulations.gov.
Follow the instructions for sending
comments using docket number, DOS–
2018–0048.
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 website
(www.pmddtc.state.gov). Therefore,
commenters are cautioned not to
include proprietary or other sensitive
information in their comments.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Monjay, Office of Defense Trade
Controls Policy, Department of State,
telephone (202) 663–2817; email
publiccomments@state.gov. ATTN:
Request for Comments Regarding
Review of USML Categories IV and XV.
SUPPLEMENTARY INFORMATION: One
advantage of revising the USML into a
more positive list is its controls can be
tailored to satisfy the national security
and foreign policy objectives of the U.S.
government by maintaining control over
those articles that provide a critical
military or intelligence advantage, or
otherwise warrant control under the
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 46 (Friday, March 8, 2019)]
[Proposed Rules]
[Pages 8485-8486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04268]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 181010936-8936-01]
RIN 0694-AH66
Request for Public Comments Regarding Review of Commerce Control
List for Items Transferred From United States Munitions List Categories
IV and XV
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Advanced notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: As part of its work with the National Space Council, the
Bureau of Industry and Security, Department of Commerce requests public
comment to inform its review of the controls implemented in recent
revisions to Categories IV and XV of the United States Munitions List
(USML) and the related transfer of items to the Department of
Commerce's Commerce Control List (CCL). These items include launch
vehicles, guided missiles, ballistic missiles, rockets, torpedoes,
bombs, and mines; and spacecraft and related articles. BIS's review
seeks to ensure that the CCL describes these items clearly, captures
those items in normal commercial use, accounts for technological
developments, and implements the national security and foreign policy
objectives of the United States properly.
DATES: Comments must be received by BIS no later than April 22, 2019.
ADDRESSES: Comments may be submitted through the Federal rulemaking
portal (https://www.regulations.gov). The regulations.gov ID number for
this rule is BIS-2018-0029. All comments (including any personally
identifying information) will be made available for public inspection
and copying.
FOR FURTHER INFORMATION CONTACT: For questions regarding launch
vehicles, guided missiles, ballistic missiles, rockets, torpedoes,
bombs, and mines (Export Control Classification Numbers (ECCNs) 0A604,
0B604, 0D604, 0E604, 9A604, 9B604, 9D604, and 9E604), contact Jeffrey
Leitz, Senior Staff Engineer, Munitions Control Division, Office of
Strategic Industries and Economic Security at (202) 482-7417 or
Jeffrey.Leitz@bis.doc.gov. For questions regarding spacecraft and
related items (ECCNs 9A515, 9B515, 9D515, and 9E515), contact Dennis
Krepp, Director, Sensors and Aviation Division, Office of National
Security and Technology Transfer Controls at (202) 482-1309 or
Dennis.Krepp@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS), Department of Commerce,
maintains the CCL under the Export Administration Regulations (EAR). To
ensure controls align with the national security and foreign policy
objectives of the U.S. Government, the USML and the CCL must be
regularly reviewed and updated to account for technological
developments, issues related to the practical application of these
controls, and changes in the military and commercial applications of
items covered by the USML or by the corresponding ``600 series'' and
9x515 ECCNs on the CCL.
Consistent with the objectives in Space Policy Directive-2
(available at https://www.whitehouse.gov/presidential-actions/space-policy-directive-2-streamlining-regulations-commercial-use-space/),
this Advanced Notice of Proposed Rulemaking (ANPRM), seeks public
comments to inform a review of those items on the CCL implemented in
connection with the recent removal of articles from Categories IV (79
FR 34, January 2, 2014) and XV (82 FR 2889, January 10, 2017) of the
USML and the placement of those items on the CCL. BIS seeks to ensure
the CCL includes clear descriptions, captures items in normal
commercial use, takes into account technological developments, and
implements the national security and foreign policy objectives of the
United States properly.
In particular, BIS seeks comment on ways to thoughtfully streamline
export control regulations for both the U.S. commercial space industry
as well as our international partners to lower administrative burden,
decrease regulatory compliance costs as well as increase exports
thereby bolstering the U.S. space commercial sector and industrial
base.
[[Page 8486]]
Request for Comments
1. For technologies controlled under ECCN 9A515--examples include
habitats, planetary rovers, and planetary systems such as
communications and power--what factors or specific technologies should
be considered for movement to a different ECCN or paragraph under ECCN
9A515 with less stringent licensing requirements?
2. The USG is considering further refinement or updated controls on
the various technologies listed below. Are there additional specific
space-related technologies not described in the list which warrant
further review by State or Commerce given their current or anticipated
near term commercial applications?
[cir] Satellite thrusters (bi-propellant, electric, and liquid
apogee engines);
[cir] gyroscopes;
[cir] inertial navigation systems;
[cir] large aperture earth observation cameras;
[cir] spacecraft antenna systems and adaptive Global Navigation
Satellite System (GNSS) antennas;
[cir] suborbital systems with propulsion systems currently
controlled under USML;
[cir] kapton tape;
[cir] star trackers; and
[cir] astrocompasses.
3. NASA continues to pursue development of the future Lunar
Gateway, which may be described in USML Category XV(a). If moved to the
CCL, what would be the appropriate controls to apply to items
associated with the Lunar Gateway, e.g., ECCNs 9A515 or 9A004?
4. Are there technologies controlled in the USML for either
Category IV and XV, which are not currently described or not described
with sufficient clarity which the commenter believes should be
controlled under the EAR? While this notice discusses specific items
based on initial communications with industry, the list is not
exhaustive and commenters are encouraged to provide additional examples
within both USML categories.
5. Are there specific defense articles which have entered into
normal commercial use since the most recent revisions? If so, please
provide sufficient detail in describing and identifying the article to
support your claim. Commenters may include documentation to support
this claim, e.g., product information demonstrating what is currently
in the market (web pages describing products and product brochures), or
scientific and industry articles, in particular those also describing
trends in commercial products, that resulted from new technologies or
manufacturing methods.
6. Are there defense articles for which commercial use is proposed,
intended, or anticipated in the next five years? If so, provide
sufficient detail in describing and identifying the article to support
your claim. Commenters may include documentation to support this claim,
e.g., product development or marketing information describing what
products will soon to be in the market (web pages describing products
under development, press releases related to products under
development) or scientific and industry articles, in particular those
describing new products that may soon enter the market place as a
result of new technologies or manufacturing methods.
7. Are there other technical issues for these items which BIS
should address, e.g., the addition of technical notes or defined terms
used in the control parameters to make the controls easier to
understand and apply consistently?
8. What are the cost savings to private entities by shifting
control of additional specific commercial items from the USML to the
CCL? To the extent possible, please quantify the current cost of
compliance with USML control of an item and any cost savings if a
particular change was implemented. Cost savings could include time
saved in terms of regulatory uncertainty over whether certain items are
regulated as on the USML or the CCL. This reduced uncertainty, under
the ``bright line'' approach of the USML to CCL review process, would
allow both BIS and industry to avoid spending hours and resources on
case by case determinations for certain items. As much as possible,
please quantify time saved, reduction in compliance costs, and
reduction in paperwork.
Please note general comments on other aspects of the CCL are
outside of the scope of this inquiry.
Dated: February 22, 2019.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2019-04268 Filed 3-7-19; 8:45 am]
BILLING CODE 3510-33-P
