Rule2024-27592
International Traffic in Arms Regulations: Extension of an Existing Temporary Modification of Category VIII of the U.S. Munitions List
Primary source
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Published
November 26, 2024
Effective
December 1, 2026
Issuing agencies
State Department
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 228 (Tuesday, November 26, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27592]
[[Page 93170]]
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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.
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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 <a href="/cdn-cgi/l/email-protection#fbbfbfafb8b88e888f94969e89a89e898d92989ebb888f9a8f9ed59c948d"><span class="__cf_email__" data-cfemail="dd9999899e9ea8aea9b2b0b8af8eb8afabb4beb89daea9bca9b8f3bab2ab">[email protected]</span></a>, 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
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