International Traffic in Arms Regulations: Extension of an Existing Temporary Modification of Category VIII of the U.S. Munitions List, 93170 [2024-27592]

Agencies

• DEPARTMENT OF STATE

[Federal Register Volume 89, Number 228 (Tuesday, November 26, 2024)]
[Rules and Regulations]
[Page 93170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27592]



[[Page 93170]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 12591]


International Traffic in Arms Regulations: Extension of an 
Existing Temporary Modification of Category VIII of the U.S. Munitions 
List

AGENCY: Department of State.

ACTION: Final rule; notification of extension of temporary 
modification.

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

SUMMARY: The Department of State (the Department), pursuant to its 
regulations and in the interest of the national security and foreign 
policy of the United States, extends a previous temporary modification 
of the United States Munitions List (USML) Category VIII.

DATES: As of November 26, 2024, the end of the effective period for the 
temporary modification published at 88 FR 84072 on December 4, 2023, is 
extended from December 1, 2024, to December 1, 2026, 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 (771) 
204-4442; email [email protected], SUBJECT: Temporary 
Modification--Note to paragraph (h)(1) of USML Category VIII.

SUPPLEMENTARY INFORMATION: On December 4, 2023, the Department 
published a final rule in the Federal Register at 88 FR 84072 
temporarily modifying the note to USML Category VIII(h)(1), 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 use in the KF-21 aircraft.
    The Department previously determined it is in the national 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 using certain defense articles 
described in paragraph (h)(1) without removing those defense articles 
from the USML simply because they are used in the KF-21.
    Now, the Department again determines it is in the security and 
foreign policy interests of the United States to extend the validity 
period of this temporary modification. Accordingly, pursuant to 
International Traffic in Arms Regulations (ITAR) Sec.  126.2, the 
Acting Assistant Secretary of State for Political-Military Affairs 
hereby extends the previous temporary modification of the Note to 
paragraph (h)(1) of USML Category VIII.
    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. 
Section 120.1(b) of the ITAR authorizes the Assistant Secretary of 
State for Political-Military Affairs to exercise this authority for the 
Department.
    This temporary modification, already effective and currently 
reflected in the USML at ITAR Sec.  121.1, is hereby extended until 
December 1, 2026, 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.

Stanley L. Brown,
Acting Assistant Secretary, Bureau of Political-Military Affairs, U.S. 
Department of State.
[FR Doc. 2024-27592 Filed 11-25-24; 8:45 am]
BILLING CODE 4710-25-P