Rule2023-26673
Temporary Modification of Category VIII of the U.S. Munitions List
Primary source
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Published
December 4, 2023
Effective
December 4, 2023
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 231 (Monday, December 4, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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.
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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 <a href="/cdn-cgi/l/email-protection#5216160611112721263d3f3720013720243b31371221263326377c353d24"><span class="__cf_email__" data-cfemail="3074746473734543445f5d5542635542465953557043445144551e575f46">[email protected]</span></a> 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.
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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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</html>Indexed from Federal Register on December 4, 2023.
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