80302 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 

b. Test, inspection, and production 

‘‘equipment’’ ‘‘specially designed’’ for 

the ‘‘production’’ or ‘‘development’’ of 

commodities enumerated in ECCN 

8A620.b and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories and attachments’’ 

‘‘specially designed’’ therefor. 

c. through x. [RESERVED] 

y. Specific test, inspection, and 

production ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

enumerated in ECCN 8A620 (except for 

8A620.y) and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories and attachments’’ 

‘‘specially designed’’ therefor, as 

follows: 

y.1. through y.98 [RESERVED] 

y.99. Commodities not identified on 

the CCL that (i) have been determined, 

in an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 8B620. 

7. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, add a new ECCN 8D620 

between ECCN 8D002 and 8D992 to 

read as follows: 

8D620 Software ‘‘specially designed’’ 

for the ‘‘development,’’ 

‘‘production,’’ operation or 

maintenance of submersible 

vessels, oceanographic and 

associated equipment controlled by 

8A620 or equipment controlled by 

8B620. 

License Requirements 

Reason for Control: NS, RS, AT. 

Control(s) Country chart 

NS applies to entire 

entry except 

8D620.b and .y.

NS Column 1. 

RS applies to entire 

entry except 

8D620.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any software 

in 8D620. 

List of Items Controlled 

Unit: $ value. 

Related Controls: (1) Software directly 

related to articles enumerated in USML 

Category XX is controlled under USML 

Category XX(d). (2) See ECCN 0A919 for 

foreign made ‘‘military commodities’’ 

that incorporate more than 10% U.S.- 

origin ‘‘600 series’’ items. 

Related Definitions: N/A. 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by ECCN 8A620 

or ECCN 8B620 (except for ECCN 

8A620.b and .y or 8B620.b and .y). 

b. ‘‘Software’’ ‘‘specially designed’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by ECCN 

8A620.b or ECCN 8B620.b. 

c. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, or 

maintenance of commodities 

enumerated in ECCN 8A620.y or 

8B620.y, as follows: 

y.1. through y.98 [RESERVED] ] 

y.99. Software not identified on the 

CCL that (i) has been determined, in an 

applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 8D620. 

8. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, add a new ECCN 8E620 

between ECCN 8E002 and 8E992 to read 

as follows: 

8E620 ‘‘Technology’’ ‘‘required’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, installation, 

maintenance, repair, overhaul, or 

refurbishment of submersible 

vessels, oceanographic and 

associated equipment controlled by 

8A620, equipment controlled by 

8B620, or software controlled by 

8D620. 

License Requirements 

Reason for Control: NS, RS, AT. 

Control(s) Country chart 

NS applies to entire 

entry except 

8E620.b and .y.

NS Column 1. 

RS applies to entire 

entry except 

8E620.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

License Exceptions 

CIV: N/A. 

TSR: N/A. 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any technology 

in 8E620. 

List of Items Controlled 

Unit: N/A. 

Related Controls: (1) Technical data 

directly related to articles enumerated 

in USML Category XX are controlled 

under USML Category XX(d). (2) See 

ECCN 0A919 for foreign made ‘‘military 

commodities’’ that incorporate more 

than 10% U.S.-origin ‘‘600 series’’ 

items. 

Related Definitions: N/A. 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishment of 

commodities controlled by ECCN 8A620 

or 8B620 or ‘‘software’’ controlled by 

ECCN 8D620, except for ECCN 8A620.b 

and .y, 8B620.b and .y, or 8D620.b and 

.y. 

b. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishment of 

commodities controlled by ECCN 

8A620.b or 8B620.b or ‘‘software’’ 

controlled by ECCN 8D620.b. 

c. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishment of commodities 

controlled by ECCN 8A620.y or 8B620.y 

or ‘‘software’’ controlled by ECCN 

8D620.y, as follows: 

y.1. through y.98 [RESERVED] 

y.99. ‘‘Technology’’ not identified on 

the CCL that (i) has been determined, in 

an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 8E620. 

Dated: December 16, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–32868 Filed 12–22–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

RIN 1400–AC99 

[Public Notice 7736] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category VI 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category VI 

(surface vessels of war and special naval 


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Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 80303 

equipment) of the U.S. Munitions List 

(USML) to describe more precisely the 

combatant vessels and other naval 

equipment warranting control on the 

USML. 

DATES: The Department of State will 

accept comments on this proposed rule 

until February 6, 2012. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘ITAR Amendment— 

Category VI.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AC99). 

Comments received after that date will 

be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: 

Director Charles B. Shotwell, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category VI. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles,’’ are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (‘‘EAR,’’ 15 

CFR parts 730–774, which includes the 

Commerce Control List in part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other set of 

regulations are subject to the EAR. 

Export Control Reform Update 

The Departments of State and 

Commerce described in their respective 

Advanced Notices of Proposed 

Rulemaking (ANPRM) in December 

2010 the Administration’s plan to make 

the USML and the CCL positive, tiered, 

and aligned so that eventually they can 

be combined into a single control list 

(see ‘‘Commerce Control List: Revising 

Descriptions of Items and Foreign 

Availability,’’ 75 FR 76664 (December 9, 

2010) and ‘‘Revision to the United 

States Munitions List,’’ 75 FR 76935 

(December 10, 2010)). The notices also 

called for the establishment of a ‘‘bright 

line’’ between the USML and the CCL to 

reduce government and industry 

uncertainty regarding export 

jurisdiction by clarifying whether 

particular items are subject to the 

jurisdiction of the ITAR or the EAR. 

While these remain the 

Administration’s ultimate Export 

Control Reform objectives, their 

concurrent implementation would be 

problematic in the near term. In order to 

more quickly reach the national security 

objectives of greater interoperability 

with our allies, enhancing our defense 

industrial base, and permitting the U.S. 

Government to focus its resources on 

controlling and monitoring the export 

and reexport of more significant items to 

destinations, end uses, and end users of 

greater concern than our NATO and 

other multi-regime partners, the 

Administration has decided, as an 

interim step, to propose and implement 

revisions to both the USML and the CCL 

that are more positive, but not yet 

tiered. 

Specifically, based in part on a review 

of the comments received in response to 

the December 2010 notices, the 

Administration has determined that 

fundamentally altering the structure of 

the USML by tiering and aligning it on 

a category-by-category basis would 

significantly disrupt the export control 

compliance systems and procedures of 

exporters and reexporters. For example, 

until the entire USML was revised and 

became final, some USML categories 

would follow the legacy numbering and 

control structures while the newly 

revised categories would follow a 

completely different numbering 

structure. In order to allow for the 

national security benefits to flow from 

re-aligning the jurisdictional status of 

defense articles that no longer warrant 

control on the USML on a category-bycategory basis while minimizing the 

impact on exporters’ internal control 

and jurisdictional and classification 

marking systems, the Administration 

plans to proceed with building positive 

lists now and afterward return to 

structural changes. 

Revision of Category VI 

This proposed rule revises USML 

Category VI, covering surface vessels of 

war and special naval equipment, to 

establish a clear ‘‘bright line’’ between 

the USML and the CCL for the control 

of these articles. The proposed revision 

narrows the types of surface vessels of 

war and special naval equipment 

controlled on the USML to only those 

that warrant control under the stringent 

requirements of the Arms Export 

Control Act. It will remove from control 

of the USML harbor entrance detection 

devices formerly controlled under 

Category VI(d) and will no longer 

include submarines, which will be 

controlled in Category XX. 

This proposed rule also revises 

§ 121.15 to more clearly define ‘‘surface 

vessels of war and special naval 

equipment’’ for purposes of the revised 

USML Category VI. 

The most significant aspect of this 

more positive, but not yet tiered, 

proposed USML category is that it does 

not contain controls on all generic parts, 

components, accessories, and 

attachments that are in any way 

specifically designed or modified for a 

defense article, regardless of their 

significance to maintaining a military 

advantage for the United States. Rather, 

it contains a positive list of specific 

types of parts, components, accessories, 

and attachments that continue to 

warrant control on the USML. All other 

parts, components, accessories, and 

attachments will become subject to the 

new 600 series controls in Category 8 of 

the CCL to be published separately by 

the Department of Commerce. The 

Administration has also proposed 

revisions to the jurisdictional status of 

certain militarily less significant end 

items that do not warrant USML control, 

but the primary impact will be with 

respect to current USML controls on 

parts, components, accessories, and 

attachments that no longer warrant 

USML control. 

Definition for Specially Designed 

Although one of the goals of the 

export control reform initiative is to 

describe USML controls without using 

design intent criteria, a few of the 

controls in the proposed revision 

nonetheless use the term ‘‘specially 


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80304 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 

designed.’’ It is, therefore, necessary for 

the Department to define the term. Two 

proposed definitions have been 

published to date. 

The Department first provided a draft 

definition for ‘‘specially designed’’ in 

the December 2010 ANPRM (75 FR 

76935) and noted the term would be 

used minimally in the USML, and then 

only to remain consistent with the 

Wassenaar Arrangement or other 

multilateral regime obligation or when 

no other reasonable option exists to 

describe the control without using the 

term. The draft definition provided at 

that time is as follows: ‘‘For the 

purposes of this Subchapter, the term 

‘‘specially designed’’ means that the 

end-item, equipment, accessory, 

attachment, system, component, or part 

(see ITAR § 121.8) has properties that (i) 

distinguish it for certain predetermined 

purposes, (ii) are directly related to the 

functioning of a defense article, and (iii) 

are used exclusively or predominantly 

in or with a defense article identified on 

the USML.’’ 

The Department of Commerce 

subsequently published on July 15, 

2011, for public comment, the 

Administration’s proposed definition of 

‘‘specially designed’’ that would be 

common to the CCL and the USML. The 

public provided more than 40 

comments on that proposed definition 

on or before the September 13 deadline 

for comments. The Departments of 

State, Commerce, and Defense are now 

reviewing those comments and related 

issues, and the Departments of State and 

Commerce plan to publish for public 

comment another proposed rule on a 

definition of ‘‘specially designed’’ that 

would be common to the USML and the 

CCL. In the interim, and for the purpose 

of evaluation of this proposed rule, 

reviewers should use the definition 

provided in the December ANPRM. 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some solutions have been 

adopted that were determined to be the 

best of available options. With the 

thought that multiple perspectives 

would be beneficial to the USML 

revision process, the Department 

welcomes the assistance of users of the 

lists and requests input on the 

following: 

(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all the items that meet 

Wassenaar Arrangement commitments 

embodied in Munitions List Category 9 

(ML9). To that end, the public is asked 

to identify any potential lack of 

coverage brought about by the proposed 

rules for Category VI contained in this 

FRN and the new Category 8 ECCNs 

published separately by the Department 

of Commerce when reviewed together. 

(2) The key goal of this rulemaking is 

to establish a ‘‘bright line’’ between the 

USML and the CCL for the control of 

surface vessels. The public is asked to 

provide specific examples of vessels 

whose jurisdiction would be in doubt 

based on this revision. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act. Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. As noted above, and also 

without prejudice to the Department 

position that this rulemaking is not 

subject to the APA, the Department 

previously published a related Advance 

Notice of Proposed Rulemaking (RIN 

1400–AC78), and accepted comments 

for 60 days. 

Regulatory Flexibility Act 

Since this proposed amendment is not 

subject to 5 U.S.C. 553, it does not 

require analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed amendment 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. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

amendment 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 proposed 

amendment. 

Executive Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the proposed rule to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment 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 pre-empt tribal law. 

Accordingly, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

This proposed amendment does not 

impose any new reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

List of Subjects in Part 121 

Arms and munitions, Exports. 


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Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 80305 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 121 is proposed to be amended 

as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

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); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

2. Section 121.1 is amended by 

revising U.S. Munitions List Category VI 

to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

VI—Surface Vessels of War and Special 

Naval Equipment 

*(a) Warships and other combatant 

vessels (see § 121.15 of this subchapter). 

(b) Other vessels not controlled in 

paragraph (a) of this section (see 

§ 121.15 of this subchapter). 

(c) Developmental vessels and 

‘‘specially designed’’ parts, components, 

accessories, and attachments therefor, 

developed under a contract with the 

U.S. Department of Defense. 

(d) [Reserved] 

*(e) Naval nuclear propulsion plants, 

their land prototypes, and special 

facilities for their construction, support, 

and maintenance (see § 123.20 of this 

subchapter). 

(f) Vessel and naval equipment 

components, parts, accessories, 

attachments, and associated equipment, 

as follows: 

(1) hulls or superstructures ‘‘specially 

designed’’ for any vessels controlled in 

paragraph (a) of this section; 

(2) hulls or superstructures having 

armor, active protection systems, or 

developmental armor systems; 

(3) hulls or superstructures designed 

to survive 12.5% or greater damage 

across the length as measured between 

perpendiculars; 

(4) propulsion and supporting 

auxiliary, control, and monitoring 

systems that store, create, distribute, 

conserve, transfer, and use energy 

outside propulsion system boundaries 

exceeding 30MJ storage, discharge less 

than 3 seconds and cycle time under 45 

seconds, and parts and components 

‘‘specially designed’’ therefor; 

(5) shipborne auxiliary systems for 

Chemical, Biological, Radiological, and 

Nuclear (CBRN) compartmentalization, 

over-pressurization and filtration 

systems, and parts and components 

‘‘specially designed’’ therefor; 

*(6) control and monitoring systems 

for autonomous unmanned vessels 

capable of on-board, autonomous 

perception and decision-making 

necessary for the vessel to navigate 

while avoiding fixed and moving 

hazards, and obeying rules-of-the-road 

without human intervention; 

*(7) any machinery, device, 

component, or equipment specifically 

developed, designed, or modified for 

use in plants or facilities controlled in 

paragraph (e) of this section (see 

§ 123.20 of this subchapter); 

(8) components, parts, accessories, 

attachments, and equipment ‘‘specially 

designed’’ for integration of articles 

controlled by Categories II, IV, or XVIII 

or catapults for launching aircraft or 

arresting gear for recovering aircraft; 

(9) shipborne active protection 

systems (i.e., defensive systems that 

actively detect and track incoming 

threats and launch a ballistic, explosive, 

energy, or electromagnetic 

countermeasure(s) to neutralize the 

threat prior to contact with a vessel) and 

parts and components ‘‘specially 

designed’’ therefor; 

(10) minesweeping and mine hunting 

equipment (including mine 

countermeasures equipment deployed 

by aircraft) and parts and components 

‘‘specially designed’’ therefor; or 

*(11) any component, part, accessory, 

attachment, equipment, or system that: 

(i) is classified; 

(ii) contains classified software; 

(iii) is manufactured using classified 

production data; or 

(iv) is being developed using 

classified information. 

‘‘Classified’’ means classified 

pursuant to Executive Order 13526, or 

predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the 

corresponding classification rules of 

another government. 

Note 1 to paragraph (f): Parts, components, 

accessories, and attachments ‘‘specially 

designed’’ for vessels enumerated in this 

category but not listed in Category VI(f) are 

subject to the EAR under ECCN 8A609. 

Note 2 to paragraph (f): For controls 

related to ship signature management, see 

also Category XIII. 

(g) Technical data (as defined in 

§ 120.10 of this subchapter) and defense 

services (as defined in § 120.9 of this 

subchapter) directly related to the 

defense articles enumerated in 

paragraphs (a) through (f) of this 

category. 

* * * * * 

3. Section 121.15 is revised to read as 

follows: 

§ 121.15 Surface vessels of war and 

special naval equipment. 

(a) In Category VI, ‘‘surface vessels of 

war’’ means developmental, 

demilitarized, decommissioned, 

production, or inventory vessels, 

manned or unmanned, that: 

(1) Are warships or other combatant 

vessels (battleships, aircraft carriers, 

destroyers, frigates, cruisers, corvettes, 

littoral combat ships, mine sweepers, 

mine hunters, mine countermeasure 

ships, dock landing ships, amphibious 

assault ships), or Coast Guard Cutters 

(with or equivalent to those with U.S. 

designations WHEC, WMEC, WMSL, or 

WPB); 

(2) are foreign-origin vessels 

‘‘specially designed’’ to provide 

functions equivalent to those of the 

vessels listed in (a)(1) of this section; 

(3) are high-speed air cushion vessels 

for transporting cargo and personnel, 

ship-to-shore and across a beach, with a 

payload over 25 tons; 

(4) are surface vessels integrated with 

nuclear propulsion systems; 

(5) are armed or are ‘‘specially 

designed’’ to be used as a platform to 

deliver munitions or otherwise destroy 

or incapacitate targets (e.g., firing lasers, 

launching torpedoes, rockets, or 

missiles, or firing munitions greater 

than .50 caliber); or 

(6) incorporate any ‘‘mission systems’’ 

controlled under this subchapter. 

‘‘Mission systems’’ are defined as 

‘‘systems’’ (see § 121.8(g) of this 

subchapter) that perform specific 

military functions such as by providing 

military communication, electronic 

warfare, target designation, surveillance, 

target detection, or sensor capabilities. 

(b) Vessels ‘‘specially designed’’ for 

military use that are not identified in (a) 

of this section are subject to the EAR 

under ECCN 8A609. 

Dated: December 16, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–32865 Filed 12–22–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Parts 121, 123, 124, and 125 

RIN 1400–AD01 

[Public Notice 7737] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XX 

AGENCY: Department of State. 

ACTION: Proposed rule. 


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