Temporary Modification of Category VIII of the U.S. Munitions List, 84072-84074 [2023-26673]

Download as PDF 84072 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations order, FAA Order JO 7400.11H, dated August 11, 2023, and effective September 15, 2023. FAA Order JO 7400.11H is publicly available as listed in the ADDRESSES section of this document. These amendments will be published in the next FAA Order JO 7400.11 update. FAA Order JO 7400.11H lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points. ddrumheller on DSK120RN23PROD with RULES1 The Rule This action amends 14 CFR part 71 by amending Class D airspace for Smith Reynolds Airport, Winston Salem, NC, by adding an extension from the 4.2mile radius of the airport to 5.8 miles northwest of the airport. The Class E airspace extending upward from 700 feet above the surface radius is increased to 9 miles (previously 6.6 miles), and all extensions are removed. Moreover, the action removes REENO NDB from the airspace description as it has been decommissioned. This action also establishes Class E airspace designated as an extension to a Class D surface area from the 4.2-mile radius to 6.5 miles southeast of the airport. In addition, this action removes the city name from the airport description header as per FAA Order 7400.2. It replaces Notice to Airmen with Notice to Air Missions and Airport/Facility Directory with Chart Supplement in the Class D airspace description. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations in the area. Regulatory Notices and Analyses The FAA has determined that this 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 minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. Environmental Review The FAA has determined that this action qualifies for categorical exclusion under the National Environmental Policy Act in accordance with FAA VerDate Sep<11>2014 15:43 Dec 01, 2023 Jkt 262001 Order 1050.1F, ‘‘Environmental Impacts: Policies and Procedures,’’ paragraph 5–6.5a. This airspace action is not expected to cause any potentially significant environmental impacts, and no extraordinary circumstances warrant the preparation of an environmental assessment. Lists of Subjects in 14 CFR Part 71 Airspace, Incorporation by reference, Navigation (air). The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 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. § 71.1 Paragraph 5000 Class D Airspace. * * * * ASO NC D Winston Salem, NC [Amended] Smith Reynolds Airport, NC (Lat 36°08′01″ N, long 80°13′19″ W) That airspace extending upward from the surface to and including 3,500 feet MSL within a 4.2-mile radius of the Smith Reynolds Airport and 1 mile on each side of the 325° bearing of the airport, extending from the 4.2-mile radius to 5.8 miles northwest of the airport. This Class D airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. * * * * * Paragraph 6004 Class E Airspace Designated as an Extension to Class D or E Surface Area. * * * * * ASO NC E4 Winston Salem, NC [Established] Smith Reynolds Airport, NC (Lat 36°08′01″ N, long 80°13′19″ W) That airspace extending upward from the surface within 1 mile on each side of the 145° bearing from Smith Reynolds Airport, extending from the 4.2-mile radius of the airport to 6.5 miles southeast of the airport. PO 00000 Frm 00006 Fmt 4700 * * * * * Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. * * * * * ASO NC E5 Winston Salem, NC [Amended] Smith Reynolds Airport, NC (Lat 36°08′01″ N, long 80°13′19″ W) That airspace extending upward from 700 feet above the surface within a 9-mile radius of Smith Reynolds Airport. * * * * * Issued in College Park, Georgia, on November 29, 2023. Andreese C. Davis, Manager, Airspace & Procedures Team South, Eastern Service Center, Air Traffic Organization. [FR Doc. 2023–26557 Filed 12–1–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF STATE [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11H, Airspace Designations and Reporting Points, dated August 11, 2023, and effective September 15, 2023, is amended as follows: ■ * This Class E airspace area is effective during the specific dates and times established in advance by a Notice to Air Missions. The effective date and time will thereafter be continuously published in the Chart Supplement. Sfmt 4700 22 CFR Part 121 [Public Notice: 12276] Temporary Modification of Category VIII of the U.S. Munitions List Final rule; notification of temporary modification. ACTION: The Department of State (the Department), pursuant to its regulations and in the interest of the security of the United States, temporarily modifies the United States Munitions List (USML) Category VIII. DATES: This temporary modification is effective December 4, 2023 and will expire on December 1, 2024 or when terminated by the Department, whichever occurs first. FOR FURTHER INFORMATION CONTACT: Mr. Robert Rasmussen, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663–2217; email DDTCCustomerService@state.gov SUBJECT: Temporary Modification— Note to paragraph (h)(1) of USML Category VIII. SUPPLEMENTARY INFORMATION: On April 16, 2013, the Department published a final rule revising Category VIII of the USML (78 FR 22740). That final rule added USML Category VIII(h)(1) to describe parts, components, accessories, attachments, and equipment specially designed for certain advanced U.S.origin aircraft. Paragraph (h)(1) was the SUMMARY: E:\FR\FM\04DER1.SGM 04DER1 ddrumheller on DSK120RN23PROD with RULES1 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations exception to the revised Category VIII’s positive list of specific types of parts, components, accessories, and attachments that continue to warrant control on the USML. Other parts, components, accessories, and attachments specially designed for a military aircraft and related articles became subject to the new ‘‘600 series’’ controls in Category 9 of the Commerce Control List (CCL). On October 3, 2013, the Department published a rule (78 FR 61750) that added a Note to USML Category VIII(h)(1) to clarify that parts, components, accessories, and attachments that are common to aircraft enumerated in paragraph (a) but not identified in paragraph (h)(1), and those identified in paragraph (h)(1), are not specially designed. On November 21, 2016, the Department published another final rule revising Category VIII (81 FR 83126), which updated the list of aircraft in paragraph (h)(1) and revised the Note to paragraph (h)(1) to incorporate technical corrections and enhance its clarity. The rule also removed equipment from paragraph (h)(1) and created paragraph (h)(29) to describe certain equipment specially designed for articles described in paragraph (h)(1). Paragraph (h)(1) currently describes parts, components, accessories, and attachments specially designed for the following U.S.-origin aircraft: B–1B, B–2, B–21, F–15SE, F/A– 18 E/F, EA–18G, F–22, F–35, and future variants thereof; or the F–117 or U.S. Government technology demonstrators. Paragraph (h)(1) further states that parts, components, accessories, and attachments of the F–15SE and F/A–18 E/F that are common to earlier models of these aircraft, unless listed elsewhere in paragraph (h) of Category VIII, are subject to the EAR. The Note to paragraph (h)(1) states that paragraph (h)(1) does not control parts, components, accessories, and attachments that are common to aircraft described in paragraph (a) of Category VIII but not identified in paragraph (h)(1), and those identified in paragraph (h)(1). For example, when applying § 120.41(b)(3), a part common to only the F–16 and F–35 is not specially designed for purposes of paragraph (h)(1). A part common to only the F–22 and F–35—two aircraft models identified in paragraph (h)(1)—is specially designed for purposes of paragraph (h)(1), unless one of the other paragraphs under ITAR § 120.41(b) is applicable. Section 126.2 of the ITAR provides that the Deputy Assistant Secretary for Defense Trade Controls may order the temporary suspension or modification VerDate Sep<11>2014 15:43 Dec 01, 2023 Jkt 262001 84073 of any or all provisions of the ITAR when in the interest of the security and foreign policy of the United States. This authority may also be exercised by the Assistant Secretary for Political-Military Affairs according to ITAR § 120.1(b). The Department assesses that it is in the security and foreign policy interests of the United States to allow manufacturers to apply for export authorizations to participate in development of the KF–21 aircraft by reusing certain defense articles described in paragraph (h)(1) without removing those defense articles from the USML simply because they are re-used in the KF–21. Accordingly, pursuant to ITAR § 126.2, the Assistant Secretary of State for Political-Military Affairs hereby temporarily modifies the Note to paragraph (h)(1) of USML Category VIII such that parts, components, accessories, and attachments specially designed for aircraft identified in paragraph (h)(1) are not released from that paragraph due to their reuse in the KF–21 aircraft or variants thereof. The Department assessed that this temporary modification does not change the export jurisdiction or classification of any existing commodities, as it only prevents the possibility of future release from paragraph (h)(1) due to use in the KF–21, which has not yet entered into production. Therefore, when the KF–21 enters production, any paragraph (h)(1) commodities authorized for export for this purpose will retain their current export classification described in paragraph (h)(1). This temporary modification will be effective until December 1, 2024, or when terminated by the Department, whichever occurs first. or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Regulatory Analysis and Notices Executive Order 12988 Administrative Procedure Act This rulemaking is exempt from section 553 of the Administrative Procedure Act (APA) pursuant to section 553(a)(1) as a military or foreign affairs function of the United States. Regulatory Flexibility Act Since this rule is exempt from the notice-and-comment rulemaking provisions of 5 U.S.C. 553, it does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Reform Act of 1995 This rulemaking does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any year and it will not significantly PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 Congressional Review Act The Department assesses that this rule is not a major rule under the criteria of 5 U.S.C. 804. Executive Orders 12372 and 13132 This rulemaking does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this rulemaking. Executive Orders 12866, 13563, and 14094 Executive Orders 12866 (as amended by Executive Order 14094) and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributed impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been deemed a ‘‘significant regulatory action’’ under Executive Order 12866. Accordingly, the rule has not been reviewed by the Office of Management and Budget (OMB). The Department of State has reviewed this rulemaking in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. Executive Order 13175 The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, the requirements of Executive Order 13175 do not apply to this rulemaking. Paperwork Reduction Act This rulemaking does not impose or revise any information collections subject to 44 U.S.C. Chapter 35. E:\FR\FM\04DER1.SGM 04DER1 84074 Federal Register / Vol. 88, No. 231 / Monday, December 4, 2023 / Rules and Regulations List of Subjects in 22 CFR Part 121 2. Amend § 121.1 under Category VIII by revising the Note to paragraph (h)(1) to read as follows: ■ Arms and munitions, Classified information, Exports. For the reasons stated in the preamble, the Department of State amends Title 22, Chapter I, Subchapter M, part 121 as follows: 1. The authority citation for part 121 continues to read as follows: ■ ddrumheller on DSK120RN23PROD with RULES1 Authority: 22 U.S.C. 2752, 2778, 2797; 22 U.S.C. 2651a; Sec. 1514, Pub. L. 105–261, 112 Stat. 2175; E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., p. 223. 15:43 Dec 01, 2023 Jkt 262001 * * The United States Munitions List. * * * Category VIII—Aircraft and Related Articles * PART 121—THE UNITED STATES MUNITIONS LIST VerDate Sep<11>2014 § 121.1 * * * * Note to paragraph (h)(1): This paragraph does not control parts, components, accessories, and attachments that are common to aircraft, other than the KF–21 and variants thereof, described in paragraph (a) of this category but not identified in paragraph (h)(1), and those identified in paragraph (h)(1). For example, when applying § 120.41(b)(3), a part common to only the F– PO 00000 Frm 00008 Fmt 4700 Sfmt 9990 16 and F–35 is not specially designed for purposes of this paragraph. A part common to only the F–22 and F–35—two aircraft models identified in paragraph (h)(1)—is specially designed for purposes of this paragraph, unless one of the other paragraphs is applicable under § 120.41(b) of this subchapter. Commodities otherwise described in this paragraph that are utilized in the KF–21 are not released from this paragraph due to use in the KF–21. * * * * * Jessica Lewis, Assistant Secretary, Bureau of PoliticalMilitary Affairs, U.S. Department of State. [FR Doc. 2023–26673 Filed 11–30–23; 4:15 pm] BILLING CODE 4710–25–P E:\FR\FM\04DER1.SGM 04DER1

Agencies

[Federal Register Volume 88, Number 231 (Monday, December 4, 2023)]
[Rules and Regulations]
[Pages 84072-84074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26673]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 12276]


Temporary Modification of Category VIII of the U.S. Munitions 
List

ACTION: Final rule; notification of temporary modification.

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

SUMMARY: The Department of State (the Department), pursuant to its 
regulations and in the interest of the security of the United States, 
temporarily modifies the United States Munitions List (USML) Category 
VIII.

DATES: This temporary modification is effective December 4, 2023 and 
will expire on December 1, 2024 or when terminated by the Department, 
whichever occurs first.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Rasmussen, Office of 
Defense Trade Controls Policy, Department of State, telephone (202) 
663-2217; email [email protected] SUBJECT: Temporary 
Modification--Note to paragraph (h)(1) of USML Category VIII.

SUPPLEMENTARY INFORMATION: On April 16, 2013, the Department published 
a final rule revising Category VIII of the USML (78 FR 22740). That 
final rule added USML Category VIII(h)(1) to describe parts, 
components, accessories, attachments, and equipment specially designed 
for certain advanced U.S.-origin aircraft. Paragraph (h)(1) was the

[[Page 84073]]

exception to the revised Category VIII's positive list of specific 
types of parts, components, accessories, and attachments that continue 
to warrant control on the USML. Other parts, components, accessories, 
and attachments specially designed for a military aircraft and related 
articles became subject to the new ``600 series'' controls in Category 
9 of the Commerce Control List (CCL).
    On October 3, 2013, the Department published a rule (78 FR 61750) 
that added a Note to USML Category VIII(h)(1) to clarify that parts, 
components, accessories, and attachments that are common to aircraft 
enumerated in paragraph (a) but not identified in paragraph (h)(1), and 
those identified in paragraph (h)(1), are not specially designed.
    On November 21, 2016, the Department published another final rule 
revising Category VIII (81 FR 83126), which updated the list of 
aircraft in paragraph (h)(1) and revised the Note to paragraph (h)(1) 
to incorporate technical corrections and enhance its clarity. The rule 
also removed equipment from paragraph (h)(1) and created paragraph 
(h)(29) to describe certain equipment specially designed for articles 
described in paragraph (h)(1). Paragraph (h)(1) currently describes 
parts, components, accessories, and attachments specially designed for 
the following U.S.-origin aircraft: B-1B, B-2, B-21, F-15SE, F/A-18 E/
F, EA-18G, F-22, F-35, and future variants thereof; or the F-117 or 
U.S. Government technology demonstrators. Paragraph (h)(1) further 
states that parts, components, accessories, and attachments of the F-
15SE and F/A-18 E/F that are common to earlier models of these 
aircraft, unless listed elsewhere in paragraph (h) of Category VIII, 
are subject to the EAR.
    The Note to paragraph (h)(1) states that paragraph (h)(1) does not 
control parts, components, accessories, and attachments that are common 
to aircraft described in paragraph (a) of Category VIII but not 
identified in paragraph (h)(1), and those identified in paragraph 
(h)(1). For example, when applying Sec.  120.41(b)(3), a part common to 
only the F-16 and F-35 is not specially designed for purposes of 
paragraph (h)(1). A part common to only the F-22 and F-35--two aircraft 
models identified in paragraph (h)(1)--is specially designed for 
purposes of paragraph (h)(1), unless one of the other paragraphs under 
ITAR Sec.  120.41(b) is applicable.
    Section 126.2 of the ITAR provides that the Deputy Assistant 
Secretary for Defense Trade Controls may order the temporary suspension 
or modification of any or all provisions of the ITAR when in the 
interest of the security and foreign policy of the United States. This 
authority may also be exercised by the Assistant Secretary for 
Political-Military Affairs according to ITAR Sec.  120.1(b).
    The Department assesses that it is in the security and foreign 
policy interests of the United States to allow manufacturers to apply 
for export authorizations to participate in development of the KF-21 
aircraft by reusing certain defense articles described in paragraph 
(h)(1) without removing those defense articles from the USML simply 
because they are re-used in the KF-21.
    Accordingly, pursuant to ITAR Sec.  126.2, the Assistant Secretary 
of State for Political-Military Affairs hereby temporarily modifies the 
Note to paragraph (h)(1) of USML Category VIII such that parts, 
components, accessories, and attachments specially designed for 
aircraft identified in paragraph (h)(1) are not released from that 
paragraph due to their reuse in the KF-21 aircraft or variants thereof.
    The Department assessed that this temporary modification does not 
change the export jurisdiction or classification of any existing 
commodities, as it only prevents the possibility of future release from 
paragraph (h)(1) due to use in the KF-21, which has not yet entered 
into production. Therefore, when the KF-21 enters production, any 
paragraph (h)(1) commodities authorized for export for this purpose 
will retain their current export classification described in paragraph 
(h)(1).
    This temporary modification will be effective until December 1, 
2024, or when terminated by the Department, whichever occurs first.

Regulatory Analysis and Notices

Administrative Procedure Act

    This rulemaking is exempt from section 553 of the Administrative 
Procedure Act (APA) pursuant to section 553(a)(1) as a military or 
foreign affairs function of the United States.

Regulatory Flexibility Act

    Since this rule is exempt from the notice-and-comment rulemaking 
provisions of 5 U.S.C. 553, it does not require analysis under the 
Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not involve a mandate that will result in the 
expenditure by State, local, and tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any year and it 
will not significantly or uniquely affect small governments. Therefore, 
no actions were deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Congressional Review Act

    The Department assesses that this rule is not a major rule under 
the criteria of 5 U.S.C. 804.

Executive Orders 12372 and 13132

    This rulemaking does not have sufficient federalism implications to 
require consultations or warrant the preparation of a federalism 
summary impact statement. The regulations implementing Executive Order 
12372 regarding intergovernmental consultation on Federal programs and 
activities do not apply to this rulemaking.

Executive Orders 12866, 13563, and 14094

    Executive Orders 12866 (as amended by Executive Order 14094) and 
13563 direct agencies to assess all costs and benefits of available 
regulatory alternatives and, if regulation is necessary, to select 
regulatory approaches that maximize net benefits (including potential 
economic, environmental, public health and safety effects, distributed 
impacts, and equity). Executive Order 13563 emphasizes the importance 
of quantifying both costs and benefits, of reducing costs, of 
harmonizing rules, and of promoting flexibility. This rule has not been 
deemed a ``significant regulatory action'' under Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget (OMB).

Executive Order 12988

    The Department of State has reviewed this rulemaking in light of 
sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate 
ambiguity, minimize litigation, establish clear legal standards, and 
reduce burden.

Executive Order 13175

    The Department of State has determined that this rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not preempt 
tribal law. Accordingly, the requirements of Executive Order 13175 do 
not apply to this rulemaking.

Paperwork Reduction Act

    This rulemaking does not impose or revise any information 
collections subject to 44 U.S.C. Chapter 35.

[[Page 84074]]

List of Subjects in 22 CFR Part 121

    Arms and munitions, Classified information, Exports.

    For the reasons stated in the preamble, the Department of State 
amends Title 22, Chapter I, Subchapter M, part 121 as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

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

    Authority:  22 U.S.C. 2752, 2778, 2797; 22 U.S.C. 2651a; Sec. 
1514, Pub. L. 105-261, 112 Stat. 2175; E.O. 13637, 78 FR 16129, 3 
CFR, 2013 Comp., p. 223.


0
2. Amend Sec.  121.1 under Category VIII by revising the Note to 
paragraph (h)(1) to read as follows:


Sec.  121.1  The United States Munitions List.

* * * * *

Category VIII--Aircraft and Related Articles

* * * * *

    Note to paragraph (h)(1):  This paragraph does not control 
parts, components, accessories, and attachments that are common to 
aircraft, other than the KF-21 and variants thereof, described in 
paragraph (a) of this category but not identified in paragraph 
(h)(1), and those identified in paragraph (h)(1). For example, when 
applying Sec.  120.41(b)(3), a part common to only the F-16 and F-35 
is not specially designed for purposes of this paragraph. A part 
common to only the F-22 and F-35--two aircraft models identified in 
paragraph (h)(1)--is specially designed for purposes of this 
paragraph, unless one of the other paragraphs is applicable under 
Sec.  120.41(b) of this subchapter. Commodities otherwise described 
in this paragraph that are utilized in the KF-21 are not released 
from this paragraph due to use in the KF-21.

* * * * *

Jessica Lewis,
Assistant Secretary, Bureau of Political-Military Affairs, U.S. 
Department of State.
[FR Doc. 2023-26673 Filed 11-30-23; 4:15 pm]
BILLING CODE 4710-25-P
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