Rule2026-19211
International Traffic in Arms Regulations: Modification of U.S. Munitions List Category XX(a)
Primary source
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Published
September 18, 2026
Effective
October 19, 2026
Issuing agencies
State Department
Abstract
The Department of State (the Department) amends the International Traffic in Arms Regulations (ITAR) to remove from the U.S. Munitions List (USML) certain uncrewed underwater vehicles (UUVs) and make conforming changes to related controls. The Department also requests comments to assist in further refining ITAR controls on UUVs and to identify possible enhancements to the license exemption for certain UUV-related activities.
Full Text
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<title>Federal Register, Volume 91 Issue 180 (Friday, September 18, 2026)</title>
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[Federal Register Volume 91, Number 180 (Friday, September 18, 2026)]
[Rules and Regulations]
[Pages 59063-59065]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19211]
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DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 13120]
RIN 1400-AG35
International Traffic in Arms Regulations: Modification of U.S.
Munitions List Category XX(a)
AGENCY: Department of State.
ACTION: Interim final rule.
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SUMMARY: The Department of State (the Department) amends the
International Traffic in Arms Regulations (ITAR) to remove from the
U.S. Munitions List (USML) certain uncrewed underwater vehicles (UUVs)
and make conforming changes to related controls. The Department also
requests comments to assist in further refining ITAR controls on UUVs
and to identify possible enhancements to the license exemption for
certain UUV-related activities.
DATES:
Effective date: This rule is effective October 19, 2026.
Comment due date: Send comments on or before October 19, 2026.
ADDRESSES: Interested parties may submit comments to the Department of
State by any of the following methods:
<bullet> Visit the <a href="http://Regulations.gov">Regulations.gov</a> website at: <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for the docket number DOS-2026-0958.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#98dcdcccdbc8edfaf4f1fbdbf7f5f5fdf6ecebd8ebecf9ecfdb6fff7ee"><span class="__cf_email__" data-cfemail="11555545524164737d7872527e7c7c747f65625162657065743f767e67">[email protected]</span></a>. Commenting parties
must include RIN 1400-AG35 in the subject line of the email message.
See SUPPLEMENTARY INFORMATION for other information about
electronic filing.
FOR FURTHER INFORMATION CONTACT: Mr. Chris Weil, Office of Defense
Trade Controls Policy, Department of State, email
<a href="/cdn-cgi/l/email-protection#6c2828382f2f191f180301091e3f091e1a050f092c1f180d1809420b031a"><span class="__cf_email__" data-cfemail="8dc9c9d9cecef8fef9e2e0e8ffdee8fffbe4eee8cdfef9ecf9e8a3eae2fb">[email protected]</span></a> SUBJECT: U.S. Munitions List Category
XX(a)--RIN 1400-AG35.
SUPPLEMENTARY INFORMATION: The Department of State's Directorate of
Defense Trade Controls (DDTC) administers the ITAR (22 CFR parts 120
through 130) to, among other things, regulate the export, reexport,
retransfer, and temporary import of defense articles and defense
services described on the USML at ITAR Sec. 121.1. Items not subject
to the ITAR or to the exclusive licensing jurisdiction of certain other
departments or agencies of the U.S. Government are subject to the
Export Administration Regulations (EAR) (15 CFR parts 730 through 774),
which include the Commerce Control List (CCL) in Supplement No. 1 to
part 774. The EAR is administered by the Department of
[[Page 59064]]
Commerce, Bureau of Industry and Security (BIS). This rule does not
modify the list of defense articles and defense services controlled for
purposes of permanent import by the Attorney General, as enumerated on
the U.S. Munitions Import List (USMIL) at 27 CFR 447.21.
Section 38 of the Arms Export Control Act (AECA) (22 U.S.C. 2778)
requires periodic review of the USML to determine which articles and
services, if any, no longer warrant designation. In maintaining the
USML, DDTC identifies articles and services for potential addition to
or removal from the USML, or for clarification on how they are
described on the USML, through a variety of methods. This can include
public feedback and interagency consultations, commodity jurisdiction
reviews, advisory opinions, and technology monitoring. The Department
maintains the USML such that it comprises those defense articles or
defense services that provide a critical military or intelligence
advantage. The Department, informed by consultations with its
interagency partners, and with the concurrence of the Department of
Defense, has determined that those articles and services this rule
removes from the USML no longer warrant ITAR control.
USML Category XX(a)(10) describes certain vessels with a gross
weight rating exceeding 3,000 pounds that are designed to operate
without human interaction for longer than 24 hours or for more than 70
nautical miles. The license exemption at ITAR Sec. 126.9(u) authorizes
certain transfers of vessels described in USML Category XX(a)(10).
The Department, with the concurrence of the Department of Defense,
now assesses that vessels described in USML Category XX(a)(10) with a
gross weight rating up to 8,000 pounds only provide a critical military
or intelligence advantage when they are described elsewhere on the USML
or when they are specially designed to possess certain navigation
capabilities. Based on this assessment, the Department is revising
paragraph (a)(10) to continue describing vessels at or under 8,000
pounds only if they are specially designed to have navigation
capabilities beyond the ability to (1) follow fixed waypoints and (2)
perform collision avoidance maneuvers that adhere to the see-and-avoid
principles of navigation regulations. The Department is also revising
paragraph (a)(10) to use the term ``specially designed,'' which is
defined in Sec. 120.41, to improve the clarity of the control text.
The Department is also adding a new paragraph (a)(11) and moving
vessels with a gross weight rating exceeding 8,000 pounds that are
specially designed to operate without human interaction for longer than
24 hours or for more than 70 nautical miles, to paragraph (11) from the
current paragraph (10). This rule does not modify the license exemption
at Sec. 126.9(u); the provisions in that exemption remain available
for vessels described in USML Category XX(a)(10). The Department also
makes conforming changes to paragraph (a)(9) in this rule. The
Department also notes its intent to review the ITAR controls on
autonomous capabilities, including the maritime navigation systems
described in USML Category VI.
Request for Comments
Specific Comments Requested
The Department encourages the public to provide comments related to
this rule, as well as comments specifically responsive to the questions
described in this section. To facilitate timely review and assessment,
comments should be provided in a concise sentence or paragraph,
followed by supporting explanatory paragraphs and examples, with each
distinct comment treated separately as opposed to multiple comments in
one paragraph or section. The Department encourages commenters to
include supporting facts, research, and evidence in their comments.
When doing so, commenters are encouraged to provide citations to any
published materials referenced.
1. Are there other navigation capabilities the Department should
consider in order to refine the updated navigation system criteria in
the new USML Category XX(a)(10)?
2. Section Sec. 126.9 includes a licensing exemption for certain
activities using UUVs described in USML Category XX(a)(10).
a. What challenges, if any, have operators of vessels described in
the new USML Category XX(a)(10) encountered in using the exemption? How
could the Department revise the exemption to mitigate those challenges
while continuing to protect U.S. national security interests?
b. Are there additional activities the Department should consider
adding to the list of authorized purposes in Sec. 126.9(u)(2)(iii)?
Comment Submission Instructions
Include the Regulatory Information Number (RIN) (1400-AG35) for all
submissions related to this rule and follow the submission instructions
contained in the ADDRESSES section above. Parties who wish to comment
anonymously may do so by submitting their comments via
<a href="http://www.regulations.gov">www.regulations.gov</a>, leaving the fields that would identify the
commenter blank and including no identifying information in the comment
itself. Commenters are cautioned not to include proprietary, export-
controlled, personal, or other sensitive information in their comments
that they would not want to be made public. If such information would
provide useful insight to the comment: (1) assemble that information in
a separate document with relevant markings; (2) include ``[Proprietary]
supplement on file with: [provide POC]'' as the first line in the body
of the email submission; (3) submit the public portion of the comment
via email; and (4) call DDTC at (202) 663-1282 to coordinate submission
of the proprietary supplement.
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.
Nevertheless, and without prejudice to this determination, the
Department seeks public comments in this rule.
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 rule is not a major rule under 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
[[Page 59065]]
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. After review by the
Office of Management and Budget (OMB), this rule has been deemed to be
a ``significant regulatory action'' under section 3(f) of Executive
Order 12866.
This rule was undertaken pursuant to a statutory directive to
periodically review the items on the USML. The Department generally
determines which items warrant addition to, or removal from, the USML
by assessing whether each provides a critical military or intelligence
advantage based on national security and foreign policy considerations.
Because the costs and benefits of changing what is controlled focus on
the effect or utility of the item or service, rather than its market
prevalence or economic value, quantitative analyses cannot be usefully
estimated and are not available, particularly since the global
prevalence or availability of the item or service are not known.
Qualitatively, the rule was assessed for costs and benefits. These
revisions are also informed by confidential requests for commodity
jurisdiction determinations and advisory opinions, submitted by
industry. The Department takes into account common questions and
strives to streamline and simplify USML paragraphs based on how it
understands industry experience with certain parts of the USML.
This rule removes the designation of certain defense articles by
revising USML Category XX(a). Vessels removed from the scope of USML
Category XX(a)(10), that are not described elsewhere on the USML, will
become subject to the EAR. This action reduces the regulatory
requirements associated with the removed vessels. The Department
assesses the vessels removed by this rule do not warrant control under
the ITAR. The Department assesses the benefits of this rulemaking
outweigh any costs, that modifying the USML in this manner is the most
cost-effective method to achieve the Department's regulatory objectives
on this matter, and that doing so will result in a net reduction of the
burden on the regulated community.
The alternative to this rule was inaction or delay. The Department
could have waited to amend larger parts of the USML at once or
continued to gather data to evaluate the controls affected by this
rule. These alternatives were rejected. Statutory requirements,
including section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)), and section 1345 of the National Defense Authorization Act
for Fiscal Year 2024, require a periodic review of the USML for edits
like those made by this rule. While the Department continuously reviews
the entire USML, it aims to implement most revisions through rules that
are focused on specific items or subsets of the USML.
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 the reasons set forth in the preamble, the Department of State
amends 22 CFR part 121, the United States Munitions List, 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. Amend Sec. 121.1, in Category XX, by revising paragraphs (a)(9) and
(10), adding note 1 to paragraph (a)(10)(ii), and adding paragraph
(a)(11), to read as follows:
Sec. 121.1 The United States Munitions List.
* * * * *
Category XX--Submersible Vessels and Related Articles
(a) * * *
* * * * *
(9) Uncrewed, untethered vessels that have an anti-recovery (e.g.,
scuttle or self-destruct) feature;
(10) Uncrewed, untethered vessels with a gross weight rating
exceeding three thousand pounds (3,000 lb) and not exceeding eight
thousand pounds (8,000 lb), specially designed to both:
(i) Operate without human interaction for longer than 24 hours or
for more than seventy nautical miles (70 nmi); and
(ii) Have capabilities for deviating from, determining, or planning
a navigation route, other than: activating and following pre-planned
routes using fixed waypoints, station-keeping, or performing collision
avoidance maneuvers that adhere to the see-and-avoid principles of
navigation regulations; or
Note 1 to paragraph (a)(10)(ii): An example of ``see-and-avoid
principles of navigation regulations'' are those that implement
relevant sections of the International Regulations for Preventing
Collisions at Sea (COLREGs) such as Rules 5 (look-out), 8 (action to
avoid collision), and 13 through 18 (various actions and
responsibilities between vessels).
(11) Uncrewed, untethered vessels with a gross weight rating
exceeding eight thousand pounds (8,000 lb), specially designed to
operate without human interaction for longer than 24 hours or for more
than seventy nautical miles (70 nmi).
* * * * *
Thomas G. DiNanno,
Under Secretary for Arms Control and International Security, Department
of State.
[FR Doc. 2026-19211 Filed 9-17-26; 8:45 am]
BILLING CODE 4710-25-P
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