26 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

‘‘production,’’ repair, overhaul or 

refurbishing of commodities 

enumerated or otherwise described in 

ECCN 8A620 (except for 8A620.b and 

.y) and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ therefor.’’ 

■ 34. On page 40917, in the third 

column, in Supplement No. 1 to part 

774 (the Commerce Control List) in 

ECCN 8B620, ‘‘items’’ paragraph b in 

the List of Items Controlled section, is 

corrected to read ‘‘b. Test, inspection, 

and production ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ repair, overhaul, or 

refurbishing of commodities 

enumerated or otherwise described in 

ECCN 8A620.b and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 

therefor.’’ 

■ 35. On page 40917, in the third 

column, in Supplement No. 1 to part 

774 (the Commerce Control List), in 

ECCN 8C609, the ‘‘Related Controls’’ 

paragraph (1) in the List of Items 

Controlled section is corrected to read 

‘‘(1) See USML Categories VI and XIII(f) 

for controls on materials ‘‘specially 

designed’’ for vessels of war enumerated 

or otherwise described in USML 

Category VI.’’ 

■ 36. On page 40918, near the top of the 

first column, add the following 

amendment: 21a. In Supplement No. 1 

to part 774 (the Commerce Control List), 

Category 8—Marine, ECCN 8D001 is 

amended by revising the heading to read 

as follows: 

8D001 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘development,’’ 

‘‘production’’ or ‘‘use’’ of equipment or 

materials, controlled by 8A (except 

8A992), 8B or 8C. 

* * * * * 

■ 37. On page 40918, in the second 

column, in Supplement No. 1 to part 

774 (the Commerce Control List), in 

ECCN 8D620, the ‘‘Related Controls’’ 

paragraph (1) in the List of Items 

Controlled section is corrected to read 

‘‘(1) ‘‘Software’’ directly related to 

articles enumerated or otherwise 

described in USML Category XX is 

controlled under USML Category 

XX(d).’’ 

■ 38. On page 40918, near the bottom of 

the second column, add the following 

amendment: 22a. In Supplement No. 1 

to part 774 (the Commerce Control List), 

Category 8—Marine, ECCN 8E001 is 

amended by revising the heading to read 

as follows: 

8E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of 

equipment or materials, controlled by 

8A (except 8A992), 8B or 8C. 

* * * * * 

■ 39. On page 40918, in the third 

column, in Supplement No. 1 to part 

774 (the Commerce Control List), in 

ECCN 8E609, the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section is corrected to read ‘‘Related 

Controls: Technical data directly related 

to articles enumerated or otherwise 

described in USML Category VI are 

controlled under USML Category VI(g).’’ 

■ 40. On page 40918, in the third 

column, in Supplement No. 1 to part 

774 (the Commerce Control List), in 

ECCN 8E620, the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section is corrected to read ‘‘Related 

Controls: Technical data directly related 

to articles enumerated or otherwise 

described in USML Category XX are 

controlled under USML Category 

XX(d).’’ 

Dated: December 18, 2013. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2013–30622 Filed 12–31–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Parts 120, 121, 123, 124, and 

126 

[Public Notice 8566] 

RIN 1400–AD40 

Amendment to the International Traffic 

in Arms Regulations: Continued 

Implementation of Export Control 

Reform; Correction 

AGENCY: Department of State. 

ACTION: Final rule, correction. 

SUMMARY: The Department of State is 

correcting a final rule that appeared in 

the Federal Register of July 8, 2013 (78 

FR 40922). That rule amended the 

International Traffic in Arms 

Regulations (ITAR) to revise four U.S. 

Munitions List (USML) categories and 

provide new and revised definitions. 

DATES: This rule is effective January 6, 

2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah J. Heidema, Deputy Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2809; email DDTCResponseTeam@

state.gov. ATTN: Regulatory Change, 

Corrections to Second ECR Final Rule. 

SUPPLEMENTARY INFORMATION: The 

Department provides the following 

corrections to the rule, ‘‘Amendment to 

the International Traffic in Arms 

Regulations: Continued Implementation 

of Export Control Reform,’’ published 

on July 8, 2013 and effective on January 

6, 2014 (78 FR 40922). As part of the 

President’s Export Control Reform (ECR) 

effort, that rule amended the 

International Traffic in Arms 

Regulations (ITAR) to revise four U.S. 

Munitions List (USML) categories and 

provide new and revised definitions. 

The changes in this rule are meant to 

clarify the regulation by correcting 

punctuation, providing exact effective 

dates for the paragraphs regarding 

developmental articles, and providing a 

revised Supplement No. 1 to part 126, 

which takes into account the changes 

made to the USML categories revised in 

the rule published on July 8, 2013. 

Pursuant to ECR, the Department of 

Commerce has been publishing 

revisions to the Export Administration 

Regulations, including various revisions 

to the Commerce Control List (CCL). 

Revision of the USML and CCL are 

coordinated so there is uninterrupted 

regulatory coverage for items moving 

from the jurisdiction of the Department 

of State to that of the Department of 

Commerce. The Department of 

Commerce’s companion to the rule 

corrected in this notice (see ‘‘Revisions 

to the Export Administration 

Regulations: Military Vehicles; Vessels 

of War; Submersible Vessels, 

Oceanographic Equipment; Related 

Items; and Auxiliary and Miscellaneous 

Items That the President Determines No 

Longer Warrant Control Under the 

United States Munitions List,’’ 78 FR 

40892) is also corrected in this edition 

of the Federal Register. 

The following corrections are made to 

the rule, ‘‘Amendment to the 

International Traffic in Arms 

Regulations: Continued Implementation 

of Export Control Reform,’’ published 

on July 8, 2013: 

■ 1. On page 40924, in the third column, 

in the second from last paragraph, after 

‘‘introduction,’’ add the following: ‘‘The 

Department also notes that paragraph 

(d)(1) controls ablative materials, 

articles the subject of unrevised USML 

Category IV(f). The Department 

reiterates the principle provided in the 

first rule implementing Export Control 

Reform (see 78 FR 22740): where there 

is overlap in control regarding a 

particular article, the control of the 

revised USML category supersedes that 

of the unrevised USML category.’’ 

PART 121—[CORRECTED] 

§ 121.1 [Corrected] 

■ 2. On page 40928, in the first column, 

in Category VI, paragraph (c), a comma 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 27 

is placed after ‘‘vessels’’ and ‘‘therefor.’’ 

In Note 1 to paragraph (c), in the 

introductory text, ‘‘developmental’’ is 

removed, and a comma is placed after 

‘‘vessels’’ and ‘‘therefor.’’ In Note 3 to 

paragraph (c), the text after ‘‘dated’’ is 

removed and replaced with ‘‘July 8, 

2014, or later.’’ 

■ 3. On page 40928, in the third column, 

in paragraph (f)(8), a comma is placed 

after ‘‘aircraft).’’ In Note 2 to paragraph 

(f), remove ‘‘also.’’ 

■ 4. On page 40930, in the second 

column, in Category XIII, in Note 1 to 

paragraph (e)(7), in the introductory 

text, ‘‘developmental’’ is removed. In 

Note 3 to paragraph (e)(7), the text after 

‘‘dated’’ is removed and replaced with 

‘‘July 8, 2014, or later.’’ 

■ 5. On page 40931, in the second 

column, in paragraph (m)(9), the 

formula is replaced with the following: 

■ 6. On page 40931, in the third column, 

at the end of paragraph (m)(9), add the 

following: ‘‘If witness plate is 

penetrated, Pr is the distance from the 

projectile to the front edge of the 

witness plate. If not penetrated, Pr is 

negative and is the distance from the 

back edge of the target to the projectile.’’ 

In Category XX, in Note 1 to paragraph 

(a)(7), in the introductory text, 

‘‘developmental’’ is removed. In Note 3 

to paragraph (a)(7), the text after 

‘‘dated’’ is removed and replaced with 

‘‘July 8, 2014, or later.’’ 

PART 126—[CORRECTED] 

■ 7. On page 40933, at the end of 

column three, before the signature, add 

the following amendments: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 15. The authority citation for part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42, and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791, and 2797); 22 U.S.C. 2651a; 22 

U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 

1994 Comp., p. 899; Sec. 1225, Pub. L. 108– 

375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 

266; Sections 7045 and 7046, Pub. L. 112–74; 

E.O. 13637, 78 FR 16129. 

■ 16. Supplement No. 1 to part 126 is 

revised to read as follows: 

SUPPLEMENT NO. 1* 

USML category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

I–XXI ................................................. Classified defense articles and services. See Note 1. ............ X X X 

I–XXI ................................................. Defense articles listed in the Missile Technology Control Regime (MTCR) Annex.X X X 

I–XXI ................................................. U.S. origin defense articles and services used for marketing 

purposes and not previously licensed for export in accordance with this subchapter.

.................... X X 

I–XXI ................................................. Defense services for or technical data related to defense articles identified in this supplement as excluded from the Canadian exemption.X 

I–XXI ................................................. Any transaction involving the export of defense articles and 

services for which congressional notification is required in 

accordance with § 123.15 and § 124.11 of this subchapter.

X 

I–XXI ................................................. U.S. origin defense articles and services specific to developmental systems that have not obtained written Milestone B 

approval from the U.S. Department of Defense milestone 

approval authority, unless such export is pursuant to a 

written solicitation or contract issued or awarded by the 

U.S. Department of Defense for an end-use identified in 

paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of 

this subchapter and is consistent with other exclusions of 

this supplement.

.................... X X 

I–XXI ................................................. Nuclear weapons strategic delivery systems and all components, parts, accessories, and attachments specifically designed for such systems and associated equipment.X 

I–XXI ................................................. Defense articles and services specific to the existence or 

method of compliance with anti-tamper measures, where 

such measures are readily identifiable, made at originating 

Government direction.

.................... X X 

I–XXI ................................................. Defense articles and services specific to reduced 

observables or counter low observables in any part of the 

spectrum. See Note 2.

.................... X X 

I–XXI ................................................. Defense articles and services specific to sensor fusion beyond that required for display or identification correlation 

See Note 3.

.................... X X 

I–XXI ................................................. Defense articles and services specific to the automatic target 

acquisition or recognition and cueing of multiple autonomous unmanned systems.

.................... X X 

I–XXI ................................................. Nuclear power generating equipment or propulsion equipment (e.g., nuclear reactors), specifically designed for military use and components therefore, specifically designed 

for military use. See also § 123.20 of this subchapter.

.................... .................... X 

I–XXI ................................................. Libraries (parametric technical databases) specially designed 

for military use with equipment controlled on the USML. 

See Note 13.

.................... .................... X 


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28 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

SUPPLEMENT NO. 1*—Continued 

USML category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

I–XXI ................................................. Defense services or technical data specific to applied research as defined in § 125.4(c)(3) of this subchapter, design methodology as defined in § 125.4(c)(4) of this subchapter, engineering analysis as defined in § 125.4(c)(5) of 

this subchapter, or manufacturing know-how as defined in 

§ 125.4(c)(6) of this subchapter. See Note 12.

X 

I–XXI ................................................. Defense services other than those required to prepare a 

quote or bid proposal in response to a written request from 

a department or agency of the United States Federal Government or from a Canadian Federal, Provincial, or Territorial Government; or defense services other than those 

required to produce, design, assemble, maintain or service 

a defense article for use by a registered U.S. company, or 

a U.S. Federal Government Program, or for end-use in a 

Canadian Federal, Provincial, or Territorial Government 

Program. See Note 14.

X 

I ......................................................... Firearms, close assault weapons, and combat shotguns ....... X 

II(k) .................................................... Software source code related to USML Category II(c), II(d), 

or II(i). See Note 4.

.................... X X 

II(k) .................................................... Manufacturing know-how related to USML Category II(d). 

See Note 5.

X X X 

III ....................................................... Ammunition for firearms, close assault weapons, and combat 

shotguns listed in USML Category I.

X 

III ....................................................... Defense articles and services specific to ammunition and 

fuse setting devices for guns and armament controlled in 

USML Category II.

.................... .................... X 

III(e) ................................................... Manufacturing know-how related to USML Category III(d)(1) 

or III(d)(2) and their specially designed components. See 

Note 5.

X X X 

III(e) ................................................... Software source code related to USML Category III(d)(1) or 

III(d)(2). See Note 4.

.................... X X 

IV ....................................................... Defense articles and services specific to man-portable air defense systems (MANPADS). See Note 6.X X X 

IV ....................................................... Defense articles and services specific to rockets, designed or 

modified for non-military applications that do not have a 

range of 300 km (i.e., not controlled on the MTCR Annex).

.................... .................... X 

IV ....................................................... Defense articles and services specific to torpedoes ............... .................... X X 

IV ....................................................... Defense articles and services specific to anti-personnel landmines. See Note 15.X X X 

IV ....................................................... Defense articles and services specific to cluster munitions. 

See Note 16.

X X X 

IV(i) .................................................... Software source code related to USML Category IV(a), IV(b), 

IV(c), or IV(g). See Note 4.

.................... X X 

IV(i) .................................................... Manufacturing know-how related to USML Category IV(a), 

IV(b), IV(d), or IV(g) and their specially designed components See Note 5..

X X X 

V ........................................................ The following energetic materials and related substances: .... .................... .................... X 

a. TATB (triaminotrinitrobenzene) (CAS 3058–38–6);.

b. Explosives controlled in USML Category V(a)(32) or 

V(a)(33);.

c. Iron powder (CAS 7439–89–6) with particle size of 3 micrometers or less produced by reduction of iron oxide with 

hydrogen;.

d. BOBBA–8 (bis(2-methylaziridinyl)2-(2-hydroxypropanoxy) 

propylamino phosphine oxide), and other MAPO derivatives;.

e. N-methyl-p-nitroaniline (CAS 100–15–2); or.

f. Trinitrophenylmethylnitramine (tetryl) (CAS 479–45–8).

V(c)(7) ............................................... Pyrotechnics and pyrophorics specifically formulated for military purposes to enhance or control radiated energy in any 

part of the IR spectrum.

.................... .................... X 

V(d)(3) ............................................... Bis-2, 2-dinitropropylnitrate (BDNPN) ...................................... .................... .................... X 

VI ....................................................... Defense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for 

military ground, marine, airborne or space applications, capable of operating while in motion and of producing or 

maintaining temperatures below 103 K (¥170°C).

.................... .................... X 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 29 

SUPPLEMENT NO. 1*—Continued 

USML category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

VI ....................................................... Defense Articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military 

ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not 

include direct current hybrid homopolar generators that 

have single-pole normal metal armatures which rotate in a 

magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator.

.................... .................... X 

VI ....................................................... Defense articles and services specific to naval technology 

and systems relating to acoustic spectrum control and 

awareness See Note 10.

.................... X X 

VI(a) .................................................. Nuclear powered vessels ......................................................... X X X 

VI(e) .................................................. Defense articles and services specific to naval nuclear propulsion equipment. See Note 7.X X X 

VI(g) .................................................. Software source code related to USML Category VI(a) or 

VI(c) See Note 4.

.................... X X 

VII ...................................................... Defense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for 

military ground, marine, airborne or space applications, capable of operating while in motion and of producing or 

maintaining temperatures below 103 K (¥170°C).

.................... .................... X 

VII ...................................................... Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military 

ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not 

include direct current hybrid homopolar generators that 

have single-pole normal metal armatures which rotate in a 

magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator.

.................... .................... X 

VIII ..................................................... Defense articles specific to cryogenic equipment, and specially designed components and accessories therefor, specially designed or configured to be installed in a vehicle for 

military ground, marine, airborne or space applications, capable of operating while in motion and of producing or 

maintaining temperatures below 103 K (¥170°C).

.................... .................... X 

VIII ..................................................... Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military 

ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not 

include direct current hybrid homopolar generators that 

have single-pole normal metal armatures which rotate in a 

magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator.

.................... .................... X 

VIII(a) ................................................ All USML Category VIII(a) items .............................................. X 

VIII(f) ................................................. Developmental aircraft parts, components, accessories, and 

attachments identified in USML Category VIII(f).

X 

VIII(i) .................................................. Manufacturing know-how related to USML Category VIII(a) or 

VIII(e), and specially designed parts or components therefor. See Note 5.

X X X 

VIII(i) .................................................. Software source code related to USML Category VIII(a) or 

VIII(e). See Note 4.

.................... X X 

IX ....................................................... Training or simulation equipment for Man Portable Air Defense Systems (MANPADS). See Note 6..................... X X 

IX(e) .................................................. Software source code related to USML Category IX(a) or 

IX(b). See Note 4.

.................... X X 

IX(e) .................................................. Software that is both specifically designed or modified for 

military use and specifically designed or modified for modeling or simulating military operational scenarios.

.................... .................... X 

X(e) ................................................... Manufacturing know-how related to USML Category X(a)(1) 

or X(a)(2), and specially designed components therefor. 

See Note 5.

X X X 

XI(a) .................................................. Defense articles and services specific to countermeasures 

and counter- countermeasures See Note 9.

.................... X X 

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30 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

SUPPLEMENT NO. 1*—Continued 

USML category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

XI(a) .................................................. High Frequency and Phased Array Microwave Radar systems, with capabilities such as search, acquisition, tracking, moving target indication, and imaging radar systems. 

See Note 17.

.................... X 

XI ....................................................... Defense articles and services specific to naval technology 

and systems relating to acoustic spectrum control and 

awareness. See Note 10.

.................... X X 

XI(b), XI(c), XI(d) ............................... Defense articles and services specific to USML Category XI 

(b) (e.g., communications security (COMSEC) and TEMPEST).

.................... X X 

XI(d) .................................................. Software source code related to USML Category XI(a). See 

Note 4.

.................... X X 

XI(d) .................................................. Manufacturing know-how related to USML Category XI(a)(3) 

or XI(a)(4), and specially designed components therefor. 

See Note 5.

X X X 

XII ...................................................... Defense articles and services specific to countermeasures 

and counter- countermeasures. See Note 9.

.................... X X 

XII ...................................................... Defense articles and services specific to USML Category 

XII(c) articles, except any 1st- and 2nd-generation image 

intensification tubes and 1st- and 2nd-generation image intensification night sighting equipment. End-items in USML 

Category XII(c) and related technical data limited to basic 

operations, maintenance, and training information as authorized under the exemption in § 125.4(b)(5) of this subchapter may be exported directly to a Canadian Government entity (i.e., federal, provincial, territorial, or municipal) 

consistent with § 126.5, other exclusions, and the provisions of this subchapter.

X 

XII ...................................................... Technical data or defense services for night vision equipment 

beyond basic operations, maintenance, and training data. 

However, the AS and UK Treaty exemptions apply when 

such export is pursuant to a written solicitation or contract 

issued or awarded by the U.S. Department of Defense for 

an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) 

of § 126.16 or § 126.17 of this subchapter and is consistent 

with other exclusions of this supplement.

X X X 

XII(f) .................................................. Manufacturing know-how related to USML Category XII(d) 

and specially designed components therefor. See Note 5.

X X X 

XII(f) .................................................. Software source code related to USML Category XII(a), 

XII(b), XII(c), or XII(d). See Note 4.

.................... X X 

XIII(b) ................................................ Defense articles and services specific to USML Category 

XIII(b) (Military Information Security Assurance Systems, 

cryptographic devices, software, and components).

.................... X X 

XIII(d) ................................................ Carbon/carbon billets and preforms which are reinforced in 

three or more dimensional planes, specifically designed, 

developed, modified, configured or adapted for defense articles.

.................... .................... X 

XIII(e) ................................................ Defense articles and services specific to armored plate manufactured to comply with a military standard or specification or suitable for military use. See Note 11..................... .................... X 

XIII(g) ................................................ Defense articles and services related to concealment and deception equipment and materials..................... .................... X 

XIII(h) ................................................ Energy conversion devices other than fuel cells ..................... .................... .................... X 

XIII(j) .................................................. Defense articles and services related to hardware associated 

with the measurement or modification of system signatures 

for detection of defense articles as described in Note 2.

.................... X X 

XIII(l) .................................................. Software source code related to USML Category XIII(a). See 

Note 4.

.................... X X 

XIV .................................................... Defense articles and services related to toxicological agents, 

including chemical agents, biological agents, and associated equipment.

.................... X X 

XIV(a), XIV(b), XIV(d), XIV(e), XIV(f) Chemical agents listed in USML Category XIV(a), (d) and 

(e), biological agents and biologically derived substances 

in USML Category XIV(b), and equipment listed in USML 

Category XIV(f) for dissemination of the chemical agents 

and biological agents listed in USML Category XIV(a), (b), 

(d), and (e).

X 

XV(a) ................................................. Defense articles and services specific to spacecraft/satellites. 

However, the Canadian exemption may be used for commercial communications satellites that have no other type 

of payload.

X X X 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 31 

SUPPLEMENT NO. 1*—Continued 

USML category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

XV(b) ................................................. Defense articles and services specific to ground control stations for spacecraft telemetry, tracking, and control. Defense articles and services are not excluded under this 

entry if they do not control the spacecraft. Receivers for receiving satellite transmissions are also not excluded under 

this entry.

.................... X X 

XV(c) ................................................. Defense articles and services specific to GPS/PPS security 

modules.

.................... X X 

XV(c) ................................................. Defense articles controlled in USML Category XV(c) except 

end-items for end-use by the Federal Government of Canada exported directly or indirectly through a Canadian-registered person.

X 

XV(d) ................................................. Defense articles and services specific to radiation-hardened 

microelectronic circuits.

X X X 

XV(e) ................................................. Anti-jam systems with the ability to respond to incoming interference by adaptively reducing antenna gain (nulling) in 

the direction of the interference.

X 

XV(e) ................................................. Antennas having any of the following:.

a. Aperture (overall dimension of the radiating portions of the 

antenna) greater than 30 feet;.

b. All sidelobes less than or equal to -35 dB relative to the 

peak of the main beam; or.

c. Designed, modified, or configured to provide coverage 

area on the surface of the earth less than 200 nautical 

miles in diameter, where ‘‘coverage area’’ is defined as 

that area on the surface of the earth that is illuminated by 

the main beam width of the antenna (which is the angular 

distance between half power points of the beam).

X 

XV(e) ................................................. Optical intersatellite data links (cross links) and optical 

ground satellite terminals.

X 

XV(e) ................................................. Spaceborne regenerative baseband processing (direct up 

and down conversion to and from baseband) equipment.

X 

XV(e) ................................................. Propulsion systems which permit acceleration of the satellite 

on-orbit (i.e., after mission orbit injection) at rates greater 

than 0.1 g.

X 

XV(e) ................................................. Attitude control and determination systems designed to provide spacecraft pointing determination and control or payload pointing system control better than 0.02 degrees per 

axis.

X 

XV(e) ................................................. All specifically designed or modified systems, components, 

parts, accessories, attachments, and associated equipment 

for all USML Category XV(a) items, except when specifically designed or modified for use in commercial communications satellites.

X 

XV(e) ................................................. Defense articles and services specific to spacecraft and 

ground control station systems (only for telemetry, tracking 

and control as controlled in USML Category XV(b)), subsystems, components, parts, accessories, attachments, 

and associated equipment.

.................... X X 

XV(f) .................................................. Technical data and defense services directly related to the 

other defense articles excluded from the exemptions for 

USML Category XV.

X X X 

XVI .................................................... Defense articles and services specific to design and testing 

of nuclear weapons.

X X X 

XVI(c) ................................................ Nuclear radiation measuring devices manufactured to military 

specifications.

X 

XVI(e) ................................................ Software source code related to USML Category XVI(c). See 

Note 4.

.................... X X 

XVII ................................................... Classified articles, and technical data and defense services 

relating thereto, not elsewhere enumerated. See Note 1.

X X X 

XVIII .................................................. Defense articles and services specific to directed energy 

weapon systems.

.................... X X 

XIX(e), XIX(f)(1), XIX(f)(2), XIX(g) .... Defense articles and services specific to gas turbine engine 

hot section components and to Full Authority Digital Engine Control Systems (FADEC) or Digital Electronic Engine 

Controls (DEEC). See Note 8.

.................... X X 

XIX(g) ................................................ Technical data and defense services for gas turbine engine 

hot sections. (This does not include hardware). See Note 8.

X X X 

XX ..................................................... Defense articles and services related to submersible vessels, 

oceanographic, and associated equipment.

X X X 

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32 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

SUPPLEMENT NO. 1*—Continued 

USML category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

XX ..................................................... Defense articles and services specific to naval technology 

and systems relating to acoustic spectrum control and 

awareness. See Note 10.

.................... X X 

XX ..................................................... Defense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for 

military ground, marine, airborne or space applications, capable of operating while in motion and of producing or 

maintaining temperatures below 103 K (¥170°C).

.................... .................... X 

XX ..................................................... Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military 

ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not 

include direct current hybrid homopolar generators that 

have single-pole normal metal armatures which rotate in a 

magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator.

.................... .................... X 

XX(a) ................................................. Nuclear powered vessels ......................................................... X X X 

XX(b) ................................................. Defense articles and services specific to naval nuclear propulsion equipment. See Note 7.X X X 

XX(c) ................................................. Defense articles and services specific to submarine combat 

control systems.

.................... X X 

XX(d) ................................................. Software source code related to USML Category XX(a). See 

Note 4.

.................... X X 

XXI .................................................... Articles, and technical data and defense services relating 

thereto, not otherwise enumerated on the USML, but 

placed in this category by the Director, Office of Defense 

Trade Controls Policy.

X X X 

Note 1: Classified defense articles and services are not eligible for export under the Canadian exemptions. U.S. origin articles, technical data, 

and services controlled in USML Category XVII are not eligible for export under the UK Treaty exemption. U.S. origin classified defense articles 

and services are not eligible for export under either the UK or AS Treaty exemptions except when being released pursuant to a U.S. Department 

of Defense written request, directive, or contract that provides for the export of the defense article or service. 

Note 2: The phrase ‘‘any part of the spectrum’’ includes radio frequency (RF), infrared (IR), electro-optical, visual, ultraviolet (UV), acoustic, 

and magnetic. Defense articles related to reduced observables or counter reduced observables are defined as: 

(a) Signature reduction (radio frequency (RF), infrared (IR), Electro-Optical, visual, ultraviolet (UV), acoustic, magnetic, RF emissions) of defense platforms, including systems, subsystems, components, materials (including dual-purpose materials used for Electromagnetic Interference 

(EM) reduction), technologies, and signature prediction, test and measurement equipment and software and material transmissivity/reflectivity 

prediction codes and optimization software. 

(b) Electronically scanned array radar, high power radars, radar processing algorithms, periscope-mounted radar systems (PATRIOT), LADAR, 

multistatic and IR focal plane array-based sensors, to include systems, subsystems, components, materials, and technologies. 

Note 3: Defense Articles related to sensor fusion beyond that required for display or identification correlation is defined as techniques designed 

to automatically combine information from two or more sensors/sources for the purpose of target identification, tracking, designation, or passing 

of data in support of surveillance or weapons engagement. Sensor fusion involves sensors such as acoustic, infrared, electro optical, frequency, 

etc. Display or identification correlation refers to the combination of target detections from multiple sources for assignment of common target 

track designation. 

Note 4: Software source code beyond that source code required for basic operation, maintenance, and training for programs, systems, and/or 

subsystems is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or 

awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. 

Note 5: Manufacturing know-how, as defined in § 125.4(c)(6) of this subchapter, is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in 

paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. 

Note 6: Defense Articles specific to Man Portable Air Defense Systems (MANPADS) includes missiles which can be used without modification 

in other applications. It also includes production and test equipment and components specifically designed or modified for MANPAD systems, as 

well as training equipment specifically designed or modified for MANPAD systems. 

Note 7: Naval nuclear propulsion plants includes all of USML Category VI(e). Naval nuclear propulsion information is technical data that concerns the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance, and repair of the propulsion 

plants of naval nuclear-powered ships and prototypes, including the associated shipboard and shore-based nuclear support facilities. Examples 

of defense articles covered by this exclusion include nuclear propulsion plants and nuclear submarine technologies or systems; nuclear powered 

vessels (see USML Categories VI and XX). 

Note 8: A complete gas turbine engine with embedded hot section components or digital engine controls is eligible for export or transfer under 

the Treaties. Technical data, other than required for routine external maintenance and operation, related to the hot section is not eligible for export under the Canadian exemption. Technical data, other than required for routine external maintenance and operation, related to the hot section or digital engine controls, as well as individual hot section parts or components are not eligible for the Treaty exemption whether shipped 

separately or accompanying a complete engine. Gas turbine engine hot section exempted defense article components and technology are combustion chambers and liners; high pressure turbine blades, vanes, disks and related cooled structure; cooled low pressure turbine blades, vanes, 

disks and related cooled structure; cooled augmenters; and cooled nozzles. Examples of gas turbine engine hot section developmental technologies are Integrated High Performance Turbine Engine Technology (IHPTET), Versatile, Affordable Advanced Turbine Engine (VAATE), and 

Ultra-Efficient Engine Technology (UEET), which are also excluded from export under the exemptions. 

Note 9: Examples of countermeasures and counter-countermeasures related to defense articles not exportable under the AS or UK Treaty exemptions are: 

(a) IR countermeasures; 

(b) Classified techniques and capabilities; 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 33 

(c) Exports for precision radio frequency location that directly or indirectly supports fire control and is used for situation awareness, target identification, target acquisition, and weapons targeting and Radio Direction Finding (RDF) capabilities. Precision RF location is defined as angle of 

arrival accuracy of less than five degrees (RMS) and RF emitter location of less than ten percent range error; 

(d) Providing the capability to reprogram; and 

(e) Acoustics (including underwater), active and passive countermeasures, and counter-countermeasures. 

Note 10: Examples of defense articles covered by this exclusion include underwater acoustic vector sensors; acoustic reduction; off-board, underwater, active and passive sensing, propeller/propulsor technologies; fixed mobile/floating/powered detection systems which include in-buoy 

signal processing for target detection and classification; autonomous underwater vehicles capable of long endurance in ocean environments 

(manned submarines excluded); automated control algorithms embedded in on-board autonomous platforms which enable (a) group behaviors 

for target detection and classification, (b) adaptation to the environment or tactical situation for enhancing target detection and classification; ‘‘intelligent autonomy’’ algorithms which define the status, group (greater than 2) behaviors, and responses to detection stimuli by autonomous, underwater vehicles; and low frequency, broad-band ‘‘acoustic color,’’ active acoustic ‘‘fingerprint’’ sensing for the purpose of long range, single 

pass identification of ocean bottom objects, buried or otherwise (controlled under Category USML XI(a)(1), (a)(2), (b), (c), and (d)). 

Note 11: This exclusion does not apply to the platforms (e.g., vehicles) for which the armored plates are applied. For exclusions related to the 

platforms, reference should be made to the other exclusions in this list, particularly for the category in which the platform is controlled. 

The excluded defense articles include constructions of metallic or non-metallic materials or combinations thereof specially designed to provide 

protection for military systems. The phrase ‘‘suitable for military use’’ applies to any articles or materials which have been tested to level IIIA or 

above IAW NIJ standard 0108.01 or comparable national standard. This exclusion does not include military helmets, body armor, or other protective garments which may be exported IAW the terms of the AS or UK Treaty. 

Note 12: Defense services or technical data specific to applied research (§ 125.4(c)(3) of this subchapter), design methodology (§ 125.4(c)(4) 

of this subchapter), engineering analysis (§ 125.4(c)(5) of this subchapter), or manufacturing know-how (§ 125.4(c)(6) of this subchapter) are not 

eligible for export under the Canadian exemptions. However, this exclusion does not include defense services or technical data specific to buildto-print as defined in § 125.4(c)(1) of this subchapter, build/design-to-specification as defined in § 125.4(c)(2) of this subchapter, or basic research 

as defined in § 125.4(c)(3) of this subchapter, or maintenance (i.e., inspection, testing, calibration or repair, including overhaul, reconditioning and 

one-to-one replacement of any defective items parts or components, but excluding any modification, enhancement, upgrade or other form of alteration or improvement that changes the basic performance of the item) of non-excluded defense articles which may be exported subject to 

other exclusions or terms of the Canadian exemptions. 

Note 13: The term ‘‘libraries’’ (parametric technical databases) means a collection of technical information of a military nature, reference to 

which may enhance the performance of military equipment or systems. 

Note 14: In order to utilize the authorized defense services under the Canadian exemption, the following must be complied with: 

(a) The Canadian contractor and subcontractor must certify, in writing, to the U.S. exporter that the technical data and defense services being 

exported will be used only for an activity identified in Supplement No. 1 to part 126 of this subchapter and in accordance with § 126.5 of this subchapter; and 

(b) A written arrangement between the U.S. exporter and the Canadian recipient must: 

(1) Limit delivery of the defense articles being produced directly to an identified manufacturer in the United States registered in accordance 

with part 122 of this subchapter; a department or agency of the United States Federal Government; a Canadian-registered person authorized in 

writing to manufacture defense articles by and for the Government of Canada; a Canadian Federal, Provincial, or Territorial Government; 

(2) Prohibit the disclosure of the technical data to any other contractor or subcontractor who is not a Canadian-registered person; 

(3) Provide that any subcontract contain all the limitations of § 126.5 of this subchapter; 

(4) Require that the Canadian contractor, including subcontractors, destroy or return to the U.S. exporter in the United States all of the technical data exported pursuant to the contract or purchase order upon fulfillment of the contract, unless for use by a Canadian or United States 

Government entity that requires in writing the technical data be maintained. The U.S. exporter must be provided written certification that the technical data is being retained or destroyed; and 

(5) Include a clause requiring that all documentation created from U.S. origin technical data contain the statement that, ‘‘This document contains technical data, the use of which is restricted by the U.S. Arms Export Control Act. This data has been provided in accordance with, and is 

subject to, the limitations specified in § 126.5 of the International Traffic in Arms Regulations (ITAR). By accepting this data, the consignee 

agrees to honor the requirements of the ITAR.’’ 

(c) The U.S. exporter must provide the Directorate of Defense Trade Controls a semi-annual report of all their on-going activities authorized 

under § 126.5 of this subchapter. The report shall include the article(s) being produced; the end-user(s); the end-item into which the product is to 

be incorporated; the intended end-use of the product; the name and address of all the Canadian contractors and subcontractors. 

Note 15: This exclusion does not apply to demining equipment in support of the clearance of landmines and unexploded ordnance for humanitarian purposes. 

As used in this exclusion, ‘‘anti-personnel landmine’’ means any mine placed under, on, or near the ground or other surface area, or delivered 

by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, 

proximity, or contact of a person; any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; any manually-emplaced munition 

or device designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time. 

Note 16: The cluster munitions that are subject to this exclusion are set forth below: 

The Convention on Cluster Munitions, signed December 3, 2008, and entered into force on August 1, 2010, defines a ‘‘cluster munition’’ as: 

A conventional munition that is designed to disperse or release explosive submunitions each weighing less than 20 kilograms, and includes 

those explosive submunitions. Under the Convention, a ‘‘cluster munition’’ does not include the following munitions: 

(a) A munition or submunition designed to dispense flares, smoke, pyrotechnics or chaff; or a munition designed exclusively for an air defense 

role; 

(b) A munition or submunition designed to produce electrical or electronic effects; 

(c) A munition that, in order to avoid indiscriminate area effects and the risks posed by unexploded submunitions, has all of the following characteristics: 

(1) Each munition contains fewer than ten explosive submunitions; 

(2) Each explosive submunition weighs more than four kilograms; 

(3) Each explosive submunition is designed to detect and engage a single target object; 

(4) Each explosive submunition is equipped with an electronic self-destruction mechanism; and 

(5) Each explosive submunition is equipped with an electronic self-deactivating feature. 

Pursuant to U.S. law (Pub. L. 111–117, section 7055(b)), no military assistance shall be furnished for cluster munitions, no defense export license for cluster munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless: 

(a) The submunitions of the cluster munitions, after arming, do not result in more than 1 percent unexploded ordnance across the range of intended operational environments; and 

(b) The agreement applicable to the assistance, transfer or sale of such cluster munitions or cluster munitions technology specifies that the 

cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in 

areas normally inhabited by civilians. 

Note 17: The radar systems described are controlled in USML Category XI(a)(3)(i) through (v). As used in this entry, the term ‘‘systems’’ includes equipment, devices, software, assemblies, modules, components, practices, processes, methods, approaches, schema, frameworks, and 

models. 

*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. An item excluded in 

any one row is excluded regardless of whether other rows may contain a description that would include the item. 

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34 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

Dated: December 17, 2013. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–30625 Filed 12–31–13; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Parts 121, 123, 124, and 125 

RIN 1400–AD46 

[Public Notice 8580] 

Amendment to the International Traffic 

in Arms Regulations: Third Rule 

Implementing Export Control Reform 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: As part of the President’s 

Export Control Reform (ECR) effort, the 

Department of State is amending the 

International Traffic in Arms 

Regulations (ITAR) to revise five more 

U.S. Munitions List (USML) categories 

and provide other changes. The 

revisions contained in this rule are part 

of the Department of State’s 

retrospective plan under E.O. 13563. 

DATES: This rule is effective July 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah J. Heidema, Deputy Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2809; email DDTCResponseTeam@

state.gov. ATTN: Regulatory Change, 

Third ECR Final Rule. The Department 

of State’s full retrospective plan can be 

accessed at http://www.state.gov/

documents/organization/181028.pdf. 

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’’ and ‘‘defense services,’’ 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 

(CCL) in Supplement No. 1 to 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, 

reexports, and retransfers. Items not 

subject to the ITAR or to the exclusive 

licensing jurisdiction of any other set of 

regulations are subject to the EAR. 

All references to the USML in this 

rule are to the list of defense articles 

controlled for the purpose of export or 

temporary import pursuant to the ITAR, 

and not to the defense articles on the 

USML that are controlled by the Bureau 

of Alcohol, Tobacco, Firearms and 

Explosives (ATF) for the purpose of 

permanent import under its regulations. 

See 27 CFR part 447. Pursuant to section 

38(a)(1) of the Arms Export Control Act 

(AECA), all defense articles controlled 

for export or import are part of the 

USML under the AECA. For the sake of 

clarity, the list of defense articles 

controlled by ATF for the purpose of 

permanent import is the U.S. Munitions 

Import List (USMIL). The transfer of 

defense articles from the ITAR’s USML 

to the EAR’s CCL for the purpose of 

export control does not affect the list of 

defense articles controlled on the 

USMIL under the AECA for the purpose 

of permanent import. 

Export Control Reform Update 

Pursuant to the President’s Export 

Control Reform (ECR) initiative, the 

Department published proposed 

revisions to thirteen USML categories— 

and upon the effective date of this rule 

will have revised fifteen USML 

categories—to create a more positive 

control list and eliminate, where 

possible, ‘‘catch all’’ controls in the 

USML. The Department, along with the 

Departments of Commerce and Defense, 

reviewed the public comments the 

Department received on the proposed 

rules and, where appropriate, revised 

the rules. A discussion of the comments 

relevant to the USML categories that are 

part of this rule is included later on in 

this rule. The Department continues to 

review the remaining USML categories 

and will publish them as proposed rules 

in the coming months. 

Discussions of the public comments 

relevant to six of the USML categories 

that have been published as final rules 

are in ‘‘Amendment to the International 

Traffic in Arms Regulations: Initial 

Implementation of Export Control 

Reform,’’ published April 16, 2013 (78 

FR 22740), and ‘‘Amendment to the 

International Traffic in Arms 

Regulations: Continued Implementation 

of Export Control Reform,’’ published 

July 8, 2013 (78 FR 40922). These rules 

also contain policies and procedures 

regarding the licensing of items moving 

from the export jurisdiction of the 

Department of State to the Department 

of Commerce, a definition for specially 

designed, responses to public 

comments, and changes to other 

sections of the ITAR that affect the 

categories discussed in this rule. 

Pursuant to ECR, the Department of 

Commerce has been publishing 

revisions to the EAR, including various 

revisions to the CCL. Revision of the 

USML and CCL are coordinated so there 

is uninterrupted regulatory coverage for 

items moving from the jurisdiction of 

the Department of State to that of the 

Department of Commerce. The 

Department of Commerce’s companion 

to this rule is, ‘‘Control of Military 

Training Equipment, Energetic 

Materials, Personal Protective 

Equipment, Shelters, Articles Related to 

Launch Vehicles, Missiles, Rockets, 

Military Explosives, and Related Items.’’ 

It is published elsewhere in this edition 

of the Federal Register. 

Changes in This Rule 

The following changes are made to 

the ITAR with this final rule: (i) 

Revision of U.S. Munitions List (USML) 

Categories IV (Launch Vehicles, Guided 

Missiles, Ballistic Missiles, Rockets, 

Torpedoes, Bombs, and Mines), V 

(Explosives and Energetic Materials, 

Propellants, Incendiary Agents, and 

Their Constituents), IX (Military 

Training Equipment), X (Personal 

Protective Equipment), and XVI 

(Nuclear Weapons Related Articles); (ii) 

addition of a definition for the term 

‘‘equipment’’; (iii) continued 

implementation of a new licensing 

procedure for the export of items subject 

to the EAR that are to be exported with 

defense articles; and (iv) related changes 

to other ITAR sections. 

Revision of USML Category IV 

This final rule revises USML Category 

IV, covering launch vehicles, guided 

missiles, ballistic missiles, rockets, 

torpedoes, bombs, and mines, to 

describe more precisely the articles 

warranting control on the USML. 

Paragraph (a) is revised to remove 

demolition blocks and blasting caps, 

and to add subparagraphs (1) through 

(12) to more clearly describe the articles 

controlled in (a). ITAR § 121.11, which 

further describes demolition blocks and 

blasting caps, is removed. Paragraphs (b) 

and (d) are revised to more specifically 

enumerate the articles controlled 

therein. The articles of paragraph (e), 

military explosive excavating devices, 

are transferred to the jurisdiction of the 

Department of Commerce under ECCN 

0A604.b. The articles of paragraph (f), 

ablative materials, were moved to USML 

Category XIII(d) (see 78 FR 40922). 

Paragraph (h) is revised by removing its 

broad catch-all wording and adding 

subparagraphs (1) through (29) to 

specifically enumerate the articles 

controlled in that paragraph. In 

addition, articles common to the Missile 

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