Rule2021-18544
International Traffic in Arms Regulations (ITAR): Continued Temporary Modification of Category XI of the United States Munitions List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 27, 2021
Effective
August 30, 2021
Issuing agencies
State Department
Abstract
The Department of State, pursuant to its regulations and in the interest of the security of the United States, temporarily modifies Category XI of the United States Munitions List (USML).
Full Text
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<title>Federal Register, Volume 86 Issue 164 (Friday, August 27, 2021)</title>
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[Federal Register Volume 86, Number 164 (Friday, August 27, 2021)]
[Rules and Regulations]
[Pages 48021-48022]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18544]
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DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 11481]
RIN 1400-AF35
International Traffic in Arms Regulations (ITAR): Continued
Temporary Modification of Category XI of the United States Munitions
List
AGENCY: Department of State.
ACTION: Final rule; notification of temporary modification.
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SUMMARY: The Department of State, pursuant to its regulations and in
the interest of the security of the United States, temporarily modifies
Category XI of the United States Munitions List (USML).
DATES: This rule is effective August 30, 2021, except for amendatory
instruction 3, which is effective August 30, 2026.
FOR FURTHER INFORMATION CONTACT: Chris Weil, Technology and
Jurisdiction Analysis Division, Office of Defense Trade Controls
Policy, Department of State, (202) 632-2870,
<a href="/cdn-cgi/l/email-protection#3c7878687f6c495e50555f7f5351515952484f7c4f485d4859125b534a"><span class="__cf_email__" data-cfemail="fcb8b8a8bfac899e90959fbf9391919992888fbc8f889d8899d29b938a">[email protected]</span></a>. ATTN: ITAR Amendment--USML Category XI(b)
(1400-AE88)
SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a
final rule revising Category XI of the USML, 79 FR 37536, effective
December 30, 2014. That final rule, consistent with the two prior
proposed rules for USML Category XI (78 FR 45018, July 25, 2013 and 77
FR 70958, November 28, 2012), revised paragraph (b) of Category XI to
clarify the extent of control and maintain the existing scope of
control on items described in paragraph (b) and the directly related
software described in paragraph (d).
The Department later determined that exporters may read the revised
control language to exclude certain intelligence-analytics software
that has been and remains controlled on the USML. Therefore, the
Department determined that it was 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
was developed. The Department published a final rule on July 2, 2015
(80 FR 37974) that temporarily modified USML Category XI(b) until
December 29, 2015. The Department subsequently published a series of
rules \1\ that had the effect of
[[Page 48022]]
continuing the modification until August 30, 2021.
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\1\ 80 FR 78130, 82 FR 41172, 83 FR 44228 and 84 FR 45652.
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The scope of control in existence prior to December 30, 2014 for
USML Category XI paragraph (b) and directly related software in
paragraph (d) remains in effect. This clarification is achieved by
reinserting the words ``analyze and produce information from'' and by
adding software to the description of items controlled. The Department,
with its interagency partners, continues to develop a long-term
solution for USML Category XI(b). However, that solution will not be in
place when the current temporary modification expires on August 30,
2021. Therefore, the Department has determined, for the national
security and foreign policy of the United States and in the best
interest of the U.S. defense industry, to publish a final rule that
extends the temporary modification of USML XI(b) for five years, to
August 30, 2026, to allow it to be revised as part of the wholesale
revision of USML Category XI.
Regulatory Findings
Administrative Procedure Act
This rulemaking is exempt from section 553 (Rulemaking) and section
554 (Adjudications) of the Administrative Procedure Act (APA) pursuant
to 5 U.S.C. 553(a)(1) as a military or foreign affairs function of the
U.S. Government.
Regulatory Flexibility Act
Since the Department is of the opinion that this rule is exempt
from the provisions of 5 U.S.C. 553, there is no requirement for an
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 does not believe this rulemaking is 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 and 13563
Executive Orders 12866 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 rulemaking is a significant but not an economically
significant rule, under the criteria of Executive Order 12866, and is
consistent with the provisions of Executive Order 13563.
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.
List of Subjects in 22 CFR Part 121
Arms and munitions, Classified information, Exports.
For reasons stated in the preamble, the State Department amends 22
CFR 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: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744
(22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2651a; Pub. L. 105-261, 112
Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129.
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2. In Sec. 121.1, under Category XI, revise paragraph (b) to read as
follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category XI--Military Electronics
* * * * *
*(b) Electronic systems, equipment or software, not elsewhere
enumerated in this subchapter, specially designed for intelligence
purposes that collect, survey, monitor, or exploit, or analyze and
produce information from, the electromagnetic spectrum (regardless of
transmission medium), or for counteracting such activities.
* * * * *
0
3. Effective August 30, 2026, in Sec. 121.1, under Category XI, revise
paragraph (b) to read as follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category XI--Military Electronics
* * * * *
*(b) Electronic systems or equipment, not elsewhere enumerated in
this subchapter, specially designed for intelligence purposes that
collect, survey, monitor, or exploit the electromagnetic spectrum
(regardless of transmission medium), or for counteracting such
activities.
* * * * *
Zachary A. Parker,
Director, Office of Directives Management, U.S. Department of State.
[FR Doc. 2021-18544 Filed 8-26-21; 8:45 am]
BILLING CODE 4710-25-P
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