International Traffic in Arms Regulations: Extension of Temporary Modification of Category XI(b) of the U.S. Munitions List

Issuing agencies

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 Category XI(b) of the United States Munitions List (USML).

Full Text

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<title>Federal Register, Volume 91 Issue 166 (Friday, August 28, 2026)</title>
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[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Rules and Regulations]
[Pages 55461-55462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17576]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 13110]
RIN 1400-AG36


International Traffic in Arms Regulations: Extension of Temporary 
Modification of Category XI(b) of the U.S. Munitions List

ACTION: Final rule; 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 Category XI(b) of the United States Munitions List (USML).

DATES: This rule is effective August 30, 2026, except for amendatory 
instruction 3, which is effective August 30, 2028.

FOR FURTHER INFORMATION CONTACT: Mrs. Engda Wubneh, Office of Defense 
Trade Controls Policy, Department of State, telephone (771) 205-9566; 
email <a href="/cdn-cgi/l/email-protection#763232223535030502191b1304251304001f151336050217021358111900"><span class="__cf_email__" data-cfemail="b6f2f2e2f5f5c3c5c2d9dbd3c4e5d3c4c0dfd5d3f6c5c2d7c2d398d1d9c0">[email&#160;protected]</span></a>. ATTN: Extension of Temporary 
Modification--USML Category XI(b).

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.
    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. 
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 previously 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 that had the effect of continuing the 
modification, the most recent ending on August 30, 2026 (86 FR 48021).
    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 with the 
modification of the regulations.
    The Department extends the temporary modification of USML Category 
XI(b) for two years, to August 30, 2028, while the Department, with its 
interagency partners, continues to review the U.S. Munitions List as 
mandated by the Arms Export Control Act, 22 U.S.C. 2778(f) and every 
three years as mandated by section 1345 of the National Defense 
Authorization Act FY24.

[[Page 55462]]

Regulatory Analysis and Notices

Administrative Procedure Act

    This rulemaking is exempt from the rulemaking requirements of the 
Administrative Procedure Act (APA) pursuant to 5 U.S.C. 553(a)(1) as it 
involves 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 are deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Congressional Review Act

    The Office of Information and Regulatory Affairs has found that 
this rulemaking is not a major rule within the criteria of 5 U.S.C. 
804(2).

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 Order 12866, as supplemented and affirmed by Executive 
Order 13563, directs 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 
deemed a not significant rule under section 3(f) of Executive Order 
12866.

Executive Order 14192

    This rule is exempt from Executive Order 14192 as it is a 
regulation issued with respect to a foreign affairs or national 
security function of the United States.

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 Department of State 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: 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. 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, 2028, 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.
* * * * *

Fleet R. White,
Assistant Secretary, Bureau of Political-Military Affairs, Department 
of State.
[FR Doc. 2026-17576 Filed 8-27-26; 8:45 am]
BILLING CODE 4710-25-P


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