Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 25821 

8A002 Marine systems, equipment, ‘‘parts’’ 

and ‘‘components,’’ as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) See also 8A992 and for 

underwater communications systems, see 

Category 5, Part I—Telecommunications. 

(2) See also 8A992 for self-contained 

underwater breathing apparatus that is not 

controlled by 8A002 or released for control 

by the 8A002.q Note. (3) For electronic 

imaging systems ‘‘specially designed’’ or 

modified for underwater use incorporating 

image intensifier tubes specified by 

6A002.a.2.a or 6A002.a.2.b, see 6A003.b.3. 

(4) For electronic imaging systems 

‘‘specially designed’’ or modified for 

underwater use incorporating ‘‘focal plane 

arrays’’ specified by 6A002.a.3.g, see 

6A003.b.4.c. (5) Section 744.9 imposes a 

license requirement on commodities 

described in 8A002.d.1.c or .d.2 if being 

exported, reexported, or transferred (incountry) for use by a military end-user or 

for incorporation into an item controlled 

by ECCN 0A919. 

* * * * * 

Dated: April 16, 2015. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2015–10353 Filed 5–4–15; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 9110] 

RIN 1400–AD32 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XII 

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 

XII (fire control, range finder, optical 

and guidance and control equipment) of 

the U.S. Munitions List (USML) to 

describe more precisely the articles 

warranting control on the USML. 

DATES: The Department of State will 

accept comments on this proposed rule 

until July 6, 2015. 

ADDRESSES: Interested parties may 

submit comments within 60 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCPublicComments@

state.gov with the subject line, ‘‘ITAR 

Amendment—Category XII.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD32). 

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 any information for 

which a claim of confidentiality is 

asserted. All comments and 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: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCPublicComments@state.gov. 

ATTN: Regulatory Change, USML 

Category XII. 

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 (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 

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. The 

revisions contained in this rule are part 

of the Department of State’s 

retrospective plan under E.O. 13563 

completed on August 17, 2011. The 

Department of State’s full plan can be 

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

documents/organization/181028.pdf. 

Revision of Category XII 

This proposed rule revises USML 

Category XII, covering fire control, range 

finder, optical and guidance and control 

equipment, to advance the national 

security objectives set forth above and to 

more accurately describe the articles 

within the category, in order to establish 

a ‘‘bright line’’ between the USML and 

the CCL for the control of these articles. 

Paragraph (a) is revised to add 

subparagraphs (1) through (9) to more 

clearly describe the articles controlled 

in (a). 

Paragraph (a)(1) is added for fire 

control systems and equipment. 

Paragraph (a)(2) is added for weapons 

sights and weapons aiming or imaging 

systems, with certain infrared focal 

plane arrays, image intensifier tubes, 

ballistic computers, or lasers. 

Paragraph (a)(3) is added for 

electronic or optical weapon 

positioning, laying, or spotting systems 

or equipment. 

Paragraph (a)(4) is added for certain 

laser spot trackers and laser spot 

detectors. 

Paragraph (a)(5) is added for bomb 

sights and bombing computers. 

Paragraph (a)(6) is added for electrooptical missile or ordnance tracking or 

guidance systems. 

Paragraph (a)(7) is added for electrooptical systems or equipment that 

automatically detect and locate weapons 

launch or fire. 

Paragraph (a)(8) is added for certain 

remote wind sensing systems or 

equipment for enhanced targeting. 

Paragraph (a)(9) is added for certain 

helmet mounted display (HMD) 

systems. 

Paragraph (b) is revised to add 

subparagraphs (1) through (14) to more 

clearly describe the articles controlled 

in (b). 

Paragraph (b)(1) is added for laser 

target designators or coded target 

markers. 

Paragraph (b)(2) is added for certain 

infrared laser aiming or target 

illumination systems. 

Paragraph (b)(3) is added for certain 

laser range finders. 

Paragraph (b)(4) is added for certain 

targeting or target location systems. 

Paragraph (b)(5) is added for optical 

augmentation systems. 

Paragraph (b)(6) is added for certain 

light detection and ranging (LIDAR), 

laser detection and ranging (LADAR), or 

range-gated systems and includes a 

carve out for certain LIDAR systems for 

civil automotive applications. 

Paragraph (b)(7) is added for certain 

synthetic aperture LIDAR or LADAR 

systems. 


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Paragraph (b)(8) is added for LIDAR, 

LADAR, or other laser range-gated 

identified in subparagraphs (i)–(vi). 

Paragraph (b)(9) is added for certain 

lasers for electronic combat systems 

controlled in Category XI(a)(4). 

Paragraph (b)(10) is added for certain 

tunable semiconductor lasers. 

Paragraph (b)(11) is added for certain 

non-tunable single transverse mode 

semiconductor lasers. 

Paragraph (b)(12) is added for certain 

non-tunable multiple transverse mode 

semiconductor lasers. 

Paragraph (b)(13) is added for laser 

stacked arrays identified in 

subparagraphs (i)–(iv). 

Paragraph (b)(14) is added for 

developmental lasers funded by the 

Department of Defense. 

Paragraph (c) is revised to add 

subparagraphs (1) through (21) to more 

clearly describe the articles controlled 

in (c). 

Paragraph (c)(1) is added for certain 

second and third generations image 

intensifier tubes (IITs). 

Paragraph (c)(2) is added for certain 

photon detector, microbolometer 

detector, or multispectral detector 

infrared focal plane arrays (IRFPAs). 

Paragraph (c)(3) is added for certain 

one-dimensional photon detector 

IRFPAs in a permanent encapsulated 

sensor assembly. 

Paragraph (c)(4) is added for certain 

two-dimensional photon detector 

IRFPAs in a permanent encapsulated 

sensor assembly. 

Paragraph (c)(5) is added for certain 

microbolometer IRFPAs in a permanent 

encapsulated sensor assembly. 

Paragraph (c)(6) is added for 

multispectral IRFPAs in a permanent 

encapsulated sensor assembly. 

Paragraph (c)(7) is added for certain 

charge multiplication focal plane arrays. 

Paragraph (c)(8) is added for certain 

charge multiplication focal plane arrays 

in a permanent encapsulated sensor 

assembly. 

Paragraph (c)(9) is added for certain 

integrated IRFPA dewar cooler 

assemblies (IDCAs). 

Paragraph (c)(10) is added for gimbals 

with two or more axes of active 

stabilization having a minimum rootmean-square (RMS) stabilization better 

(less) than 200 microradians. 

Paragraph (c)(11) is added for gimbals 

with two or more axes of active 

stabilization having a minimum rootmean-square (RMS) stabilization better 

(less) than 100 microradians. 

Paragraph (c)(12) is added for infrared 

imaging camera cores identified in 

subparagraphs (i)–(xi). Camera cores 

meeting the shock tolerance criteria 

described in (c)(12)(ii) are controlled on 

the USML whether or not they are tested 

to meet these criteria. 

Paragraph (c)(13) is added for 

binoculars, bioculars, monoculars, 

goggles, or head- or helmet-mounted 

imaging systems with IITs or camera 

cores controlled in this category. 

Paragraph (c)(14) is added for certain 

targeting systems. 

Paragraph (c)(15) is added for infrared 

search and track (IRST) systems. 

Paragraph (c)(16) is added for infrared 

imaging systems identified in 

subparagraphs (i)–(ix). 

Paragraph (c)(17) is added for certain 

terahertz imaging systems. 

Paragraph (c)(18) is added for near-toeye display systems or equipment, 

specially designed for articles controlled 

in this subchapter. 

Paragraph (c)(19) is added for systems 

or equipment that project 

radiometrically calibrated scenes 

directly into the entrance aperture of an 

electro-optical or infrared (EO/IR) 

sensor controlled in this subchapter 

within either the spectral band 

exceeding 10 nm but not exceeding 400 

nm, or the spectral band exceeding 900 

nm but not exceeding 30,000 nm. 

Paragraph (c)(20) is added for certain 

systems or equipment incorporating an 

infrared beacon or emitter specially 

designed for Identification Friend or Foe 

(IFF) and specially designed parts and 

components therefor. 

Paragraph (c)(21) is added for 

developmental imaging systems funded 

by the Department of Defense. 

A note is added to paragraph (c) to 

address the incorporation of these 

defense articles into commercial items. 

With minor exceptions, all bare IRFPAs 

are controlled in Category XII, 

paragraph (c)(2). However, once an 

IRFPA has been incorporated into a 

permanent encapsulated sensor 

assembly, it ceases to be controlled in 

paragraph (c)(2) because it is 

incorporated into a higher order 

assembly. The permanent encapsulated 

sensor assembly will be controlled in 

paragraphs (c)(3)–(6), if it meets the 

control parameters of one of those 

paragraphs. These control parameters 

are set at a level that the Department has 

determined excludes most commercial 

products. Further, once most IRFPAs 

and permanent encapsulated sensor 

assemblies are incorporated into a 

camera core, monocular, or binocular or 

other higher order system, that system 

will not be subject to the ITAR or 

require authorization from the 

Department for export, unless it is 

specifically enumerated. Most multispectral IRFPAs and IRFPAs with 

charge multiplication are excluded from 

the note and remain subject to the ITAR, 

even when incorporated into higher 

order assemblies or end-items. IRFPA, 

permanent encapsulated sensor 

assemblies, camera cores, monoculars, 

binoculars, and other higher order 

systems not enumerated on the USML 

are generally subject to the EAR. 

Paragraph (d) is revised to move 

controls on Global Navigation Satellite 

System (GNSS) equipment from 

Category XV and to add subparagraphs 

(1) through (9) to more clearly describe 

the articles controlled in (d). 

Paragraph (d)(1) is added for certain 

guidance or navigation systems. 

Paragraph (d)(2) is added for certain 

accelerometers. 

Paragraph (d)(3) is added for certain 

gyroscopes or angular rate sensors. 

Paragraph (d)(4) is added for certain 

mobile relative gravimeters. 

Paragraph (d)(5) is added for certain 

mobile gravity gradiometers. 

Paragraph (d)(6) is added for Global 

Navigation Satellite System receiving 

equipment from Category XV. 

Paragraph (d)(7) is added for certain 

GNSS anti-jam systems employing 

adaptive antennas. 

Paragraph (d)(8) is added for certain 

GNSS security devices. 

Paragraph (d)(9) is added for 

developmental guidance, navigation, or 

control devices, systems or equipment 

funded by the Department of Defense. 

Paragraph (e) is revised to add 

subparagraphs (1) through (15) to more 

clearly describe the parts and 

components controlled in (e). 

A 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 specifically 

designed or modified for a defense 

article, regardless of their significance to 

maintaining a military advantage for the 

United States. Rather, it contains, with 

a few exceptions, a positive list of 

specific types of parts, components, 

accessories, and attachments that 

continue to warrant control on the 

USML. The exceptions pertain to those 

parts, components, accessories, and 

attachments identified as ‘‘specially 

designed.’’ 

Paragraph (e)(1) is added for specially 

designed optical sensors for electronic 

combat systems controlled in Category 

XI(a)(4). 

Paragraph (e)(2) is added for certain 

image intensifier tube (IIT) parts and 

components identified in subparagraphs 

(i)–(vii). 

Paragraph (e)(3) is added for certain 

wafers incorporating structures for 

Read-Out Integrated Circuits (ROICs) 


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controlled in (e)(4) or (e)(5) or for IRFPA 

detectors controlled in (c)(2). 

Paragraph (e)(4)is added for ROICs 

specially designed for IRFPAs. 

Paragraph (e)(5) is added for certain 

ROICs specially designed for a system, 

camera core, or packaged IRFPA 

controlled in paragraph (c). 

Paragraph (e)(6) is added for specially 

designed vacuum packages or other 

sealed enclosures for an IRFPA or IIT 

controlled in paragraph (c). 

Paragraph (e)(7) is added for 

integrated IRFPA dewar cooler assembly 

(IDCA) parts and components identified 

in subparagraphs (i)–(iv). 

Paragraph (e)(8) is added for specially 

designed IRFPA Joule-Thomson (JT) 

self-regulating cryostats. 

Paragraph (e)(9) is added for specially 

designed infrared lenses, mirrors, beam 

splitters or combiners, filters, and 

treatments and coatings. 

Paragraph (e)(10) is added for 

specially designed drive, control, signal 

or image processing electronics. 

Paragraph (e)(11) is added for signal 

processing electronics identified in 

subparagraphs (i)–(iii). 

Paragraph (e)(12) is added for 

specially designed near-to-eye displays. 

Paragraph (e)(13) is added for 

specially designed resonators, receivers, 

transmitters, modulators, gain media, 

and drive electronics or frequency 

converters. 

Paragraph (e)(14) is added for twodimensional infrared scene projector 

emitter arrays (i.e., resistive arrays) that 

emit infrared radiation within the 900 

nm to 30,000 nm wavelength range. 

Paragraph (e)(15) is added for 

classified parts, components, 

accessories, attachments, and associated 

equipment. 

A note is added to paragraph (e) to 

address the incorporation of these 

defense articles into commercial items. 

Paragraph (f) is revised to more 

clearly describe the technical data and 

defense services controlled in paragraph 

(f). 

Three notes are added to paragraph (f) 

to address technical data and defense 

services when incorporating defense 

articles into commercial items. Note 1 

clarifies that technical data directly 

related to IITs, IRFPAs, integrated 

IRFPA dewar cooler assemblies and 

related wafers and ROICs controlled in 

this Category remains USML controlled, 

even when those defense articles are 

part of a system that is subject to the 

EAR. Note 2 enumerates certain 

technical data and software that are 

directly related to the defense articles 

controlled in this Category in 

paragraphs A, B, and C. It also includes 

a note to paragraph A, identifying 

certain technology that is not technical 

data. Note 3 states that certain 

technology for the incorporation or 

integration of IRFPAs and IITs in to 

items subject to the EAR, including into 

permanent encapsulated sensor 

assemblies, is subject to the EAR. 

A new (x) paragraph has been added 

to USML Category XII, allowing ITAR 

licensing for commodities, software, and 

technology subject to the EAR provided 

those commodities, software, and 

technology are to be used in or with 

defense articles controlled in USML 

Category XII and are described in the 

purchase documentation submitted with 

the application. 

Finally, articles common to the 

Missile Technology Control Regime 

(MTCR) Annex and the USML are to be 

identified on the USML with the 

parenthetical ‘‘(MT)’’ at the end of each 

section containing such articles. A 

separate proposed rule will address the 

sections in the ITAR that include MTCR 

definitions. 

The following definitions explain and 

amplify terms used in this Category and 

are provided to assist exporters in 

understanding the scope of the 

proposed control. 

Charge multiplication is a form of 

electronic image amplification, the 

generation of charge carriers as a result 

of an impact ionization gain process. 

Focal plane array is a linear or twodimensional planar layer, or 

combination of planar layers, of 

individual detector elements, with or 

without readout electronics, which 

work in the focal plane. 

Note: This definition does not include a 

stack of single detector elements or any two, 

three, or four element detectors provided 

time delay and integration is not performed 

within the element. 

Image intensifier tube refers to an 

imaging device that incorporates a 

photoemissive transducer (i.e., 

photocathode) and achieves electron 

image amplification in the vacuum 

space. 

Microbolometer is a thermal imaging 

detector that, as a result of a 

temperature change in the detector 

caused by the absorption of infrared 

radiation, is used to generate a usable 

signal. 

Multispectral refers to producing 

discrete outputs associated with more 

than one spectral band of response. 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some control parameters are 

proposed recognizing that they will 

control items in normal commercial use 

and on the Wassenaar Arrangement’s 

Dual Use List. 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 Categories 

5, 11 and 15 (WA–ML15) and the 

relevant Dual Use List Categories 

including the IRFPAs in Category 6 

(WA–DU 6.A.2). To that end, the public 

is asked to identify any potential lack of 

coverage brought about by the proposed 

rules for Category XII contained in this 

notice and the new and revised ECCNs 

published separately by the Department 

of Commerce when reviewed together. 

(2) Another key goal of this 

rulemaking is to identify items proposed 

for control on the USML or the CCL that 

are not controlled on the Wassenaar 

Arrangement’s Munitions or Dual Use 

List. The public is asked to identify any 

items proposed for control on the USML 

that are not controlled on the Wassenaar 

Arrangement’s Munitions or Dual Use 

List. 

(3) A third key goal of this rulemaking 

is to establish a ‘‘bright line’’ between 

the USML and the CCL for the control 

of these materials. The public is asked 

to provide specific examples of control 

criteria that do not clearly describe 

items that would be defense articles and 

thus do not establish a ‘‘bright line’’ 

between the USML and the CCL. 

(4) Although the proposed revisions 

to the USML do not preclude the 

possibility that items in normal 

commercial use would or should be 

ITAR-controlled because, e.g., they 

provide the United States with a critical 

military or intelligence advantage, the 

U.S. government does not want to 

inadvertently control items on the ITAR 

that are in normal commercial use. 

Items that would be controlled on the 

USML in this proposed rule have been 

identified as possessing parameters or 

characteristics that provide a critical 

military or intelligence advantage. The 

public is thus asked to provide specific 

examples of items, if any, that would be 

controlled by the revised USML 

Category XII that are now in normal 

commercial use. The examples should 

demonstrate actual commercial use, not 

just potential or theoretical use, with 

supporting documents, as well as 

foreign availability of such items. 

(5) For any criteria the public believes 

control items in normal commercial use, 

the public is asked to identify 

parameters or characteristics that cover 


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items exclusively or primarily in 

military use. 

(6) For any criteria the public believes 

control items in normal commercial use, 

the public is asked to identify the 

multilateral controls (such as the 

Wassenaar Arrangement’s Dual Use 

List), if any, for such items, and the 

consequences of such items being 

controlled on the USML. 

(7) DDTC seeks public comments on 

each paragraph of the proposed USML 

Category XII. In addition, DDTC 

specifically seeks public comments on 

the following concepts that are 

introduced in proposed USML Category 

XII: A) Using integration of an IRFPA 

into a permanent encapsulated sensor 

assembly as a control parameter; B) 

using the incorporation of an IRFPA 

into an infrared imaging camera core as 

a control parameter and the definition of 

camera cores in the note to XII(c)(12); C) 

the weapon shock load control criterion 

in XII(c)(12)(ii); and D) proposed 

controls on specific technical data in 

XII(f). 

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 sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act (APA). 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 60-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. 

Regulatory Flexibility Act 

Since this rule is exempt from the 

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 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 Orders 12866 and 13563 

Executive Orders 13563 and 12866 

direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light 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, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

Following is a listing of approved 

Department of State collections that will 

be affected by revision of the U.S. 

Munitions List (USML) and the 

Commerce Control List pursuant to the 

President’s Export Control Reform (ECR) 

initiative. The list of collections and the 

description of the manner in which they 

will be affected pertains to revision of 

the USML in its entirety, not only to the 

categories published in this rule. In 

accordance with the Paperwork 

Reduction Act, the Department of State 

will request comment on these 

collections from all interested persons at 

the appropriate time. In particular, the 

Department will seek comment on 

changes to licensing burden based on 

implementation of regulatory changes 

pursuant to ECR, and on projected 

changes based on continued 

implementation of regulatory changes 

pursuant to ECR. The information 

collections are as follows: 

(1) Statement of Registration, DS– 

2032, OMB No. 1405–0002. The 

Department estimates that between 

3,000 and 5,000 of the currentlyregistered persons will not need to 

maintain registration following full 

revision of the USML. This would result 

in a burden reduction of between 6,000 

and 10,000 hours annually, based on a 

revised time burden of two hours to 

complete a Statement of Registration. 

(2) Application/License for Permanent 

Export of Unclassified Defense Articles 

and Related Unclassified Technical 

Data, DSP–5, OMB No. 1405–0003. The 

Department estimates that there will be 

35,000 fewer DSP–5 submissions 

annually following full revision of the 

USML. This would result in a burden 

reduction of 35,000 hours annually. 

(3) Application/License for 

Temporary Import of Unclassified 

Defense Articles, DSP–61, OMB No. 

1405–0013. The Department estimates 

that there will be 200 fewer DSP–61 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 100 hours 

annually. 

(4) Application/License for 

Temporary Export of Unclassified 

Defense Articles, DSP–73, OMB No. 

1405–0023. The Department estimates 

that there will be 800 fewer DSP–73 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 800 hours 

annually. 

(5) Application for Amendment to 

License for Export or Import of 

Classified or Unclassified Defense 

Articles and Related Technical Data, 

DSP–6, –62, –74, –119, OMB No. 1405– 


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0092. The Department estimates that 

there will be 2,000 fewer amendment 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 1,000 hours 

annually. 

(6) Request for Approval of 

Manufacturing License Agreements, 

Technical Assistance Agreements, and 

Other Agreements, DSP–5, OMB No. 

1405–0093. The Department estimates 

that there will be 1,000 fewer agreement 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 2,000 hours 

annually. 

(7) Maintenance of Records by 

Registrants, OMB No. 1405–0111. The 

requirement to actively maintain 

records pursuant to provisions of the 

ITAR will decline commensurate with 

the drop in the number of persons who 

will be required to register with the 

Department pursuant to the ITAR. As 

stated above, the Department estimates 

that up to 5,000 of the currentlyregistered persons will not need to 

maintain registration following full 

revision of the USML. This would result 

in a burden reduction of 100,000 hours 

annually. However, the ITAR does 

provide for the maintenance of records 

for a period of five years. Therefore, 

persons newly relieved of the 

requirement to register with the 

Department may still be required to 

maintain records. 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Exports. 

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); 22 U.S.C. 2651a; Pub. L. 105–261, 112 

Stat. 1920; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

§ 121.1 [Amended] 

■ 2. Section 121.1 is amended by 

removing and reserving paragraph (e) in 

U.S. Munitions List Category VIII. 

■ 3. Section 121.1 is amended by 

revising U.S. Munitions List Category 

XII to read as follows: 

§ 121.1 The United States Munitions List. 

* * * * * 

Category XII—Fire Control, Range 

Finder, Optical and Guidance and 

Control Equipment 

*(a) Fire control, weapons sights, 

aiming, and imaging systems and 

equipment, as follows: 

(1) Fire control systems or equipment, 

and specially designed parts and 

components therefor; 

(2) Weapon sights, weapon aiming 

systems or equipment, and weapon 

imaging systems or equipment (e.g., 

clip-on), with or without an integrated 

viewer, display, or reticle, and 

incorporating or specially designed to 

incorporate any of the following: 

(i) An infrared focal plane array 

having a peak response at a wavelength 

exceeding 1,000 nm; 

(ii) An article subject to this 

subchapter; or 

(iii) A ballistic computer for adjusting 

the aim point display; 

(3) Electronic or optical weapon 

positioning, laying, or spotting systems 

or equipment; 

(4) Laser spot trackers or laser spot 

detection, location or imaging systems 

or equipment, with an operational 

wavelength shorter than 400 nm or 

longer than 710 nm, and a detection 

range greater than 300 m; 

Note to paragraph (a)(4): For controls on 

LIDAR, see paragraph (b)(9) of this category. 

(5) Bomb sights or bombing 

computers; 

(6) Electro-optical missile or ordnance 

tracking systems or equipment, or 

electro-optical ordnance guidance 

systems or equipment; 

(7) Electro-optical systems or 

equipment that automatically detect and 

locate weapons launch or fire; 

(8) Remote wind-sensing systems or 

equipment specially designed for 

ballistic-corrected aiming, and specially 

designed parts and components 

therefor; 

(9) Helmet mounted display (HMD) 

systems or equipment, incorporating 

optical sights or slewing devices, which 

include the ability to aim, launch, track, 

or manage munitions, or control 

infrared imaging systems or equipment, 

other than such items controlled in 

Category VIII, (e.g., Combat Vehicle 

Crew HMD, Mounted Warrior HMD, 

Integrated Helmet Assembly Subsystem, 

Drivers Head Tracked Vision System). 

*(b) Lasers, and laser systems and 

equipment, as follows: 

(1) Laser target designators or coded 

target markers; 

(2) Aiming or target illumination 

systems or equipment having a laser 

output wavelength exceeding 710 nm; 

(3) Laser rangefinders having any of 

the following: 

(i) Q-switched laser pulse; or 

(ii) Laser output wavelength 

exceeding 1,000 nm; 

(4) Targeting or target location 

systems or equipment incorporating or 

specially designed to incorporate a laser 

rangefinder controlled in paragraph 

(b)(3) of this category, and incorporating 

or specially designed to incorporate a 

Global Navigation Satellite System 

(GNSS), guidance or navigation article 

controlled in paragraph (d) of this 

category (MT if designed or modified for 

rockets, missiles, SLVs, drones, or 

unmanned aerial vehicle systems 

capable of delivering at least a 500 kg 

payload to a range of at least 300 km 

range); 

(5) Systems or equipment that use 

laser energy with an output wavelength 

exceeding 710 nm to exploit differential 

target-background retroreflectance in 

order to detect personnel or optical/ 

electro-optical equipment (e.g., optical 

augmentation systems); 

(6) Light detection and ranging 

(LIDAR), laser detection and ranging 

(LADAR), or range-gated systems or 

equipment, incorporating or specially 

designed to incorporate an article 

controlled in this subchapter (MT if 

designed or modified for rockets, 

missiles, SLVs, drones, or unmanned 

aerial vehicle systems capable of 

delivering at least a 500 kg payload to 

a range of at least 300 km); 

Note to paragraph (b)(6): This paragraph 

does not control LIDAR systems or 

equipment for civil automotive applications 

having a range limited to 200 m or less. 

(7) Synthetic aperture LIDAR or 

LADAR systems or equipment, having a 

stand-off range of 100 m or greater (MT 

if designed or modified for rockets, 

missiles, SLVs, drones, or unmanned 

aerial vehicle systems capable of 

delivering at least a 500 kg payload to 

a range of at least 300 km); 

(8) LIDAR, LADAR, or other laser 

range-gated systems or equipment, as 

follows (MT if designed or modified for 

rockets, missiles, SLVs, drones, or 

unmanned aerial vehicle systems 

capable of delivering at least a 500 kg 

payload to a range of at least 300 km): 

(i) Systems or equipment having a 

resolution (i.e., ground point spacing) of 

0.2 m or less (better) from an altitude 

above ground level of greater than 

16,500 ft, and incorporating or specially 

designed to incorporate a gimbalmounted transmitter or beam director, 

and specially designed parts and 

components therefor; 

(ii) Aircraft systems or equipment 

having a laser output wavelength 

exceeding 1,000 nm and a detection 

range exceeding 500 m for an obstacle 


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with a diameter or width less than or 

equal to 10 mm (e.g., wire, power line); 

(iii) Systems or equipment having an 

electrical bandwidth of 100 MHz or 

greater, and incorporating or specially 

designed to incorporate either a Geigermode detector array having at least 32 

elements or a linear-mode detector array 

having at least 128 elements; 

(iv) Systems or equipment employing 

coherent heterodyne or coherent 

homodyne detection techniques, having 

an angular resolution of less (better) 

than 100 microradians and an 

operational carrier noise ratio (CNR) less 

than 10; 

(v) Systems or equipment that 

automatically classify or identify 

submersibles, mines, unexploded 

ordnance or improvised explosive 

devices (IEDs); or 

(vi) Systems or equipment specially 

designed for obstacle avoidance or 

autonomous navigation in ground 

vehicles controlled in Category VII; 

Note to paragraphs (b)(4) and (b)(6) 

through (8): ‘‘Payload’’ is the total mass that 

can be carried or delivered by the specified 

rocket, missile, SLV, drone or unmanned 

aerial vehicle that is not used to maintain 

flight. For definition of ‘‘range’’ as it pertains 

to rocket systems, see note 1 to paragraph (a) 

of USML Category IV. For definition of 

‘‘range’’ as it pertains to aircraft systems, see 

note to paragraph (a) of USML Category VIII. 

(9) Lasers operating at a wavelength 

exceeding 3,000 nm that provide a 

modulated output for systems or 

equipment controlled in Category 

XI(a)(4); 

(10) Tunable semiconductor lasers 

having an output wavelength exceeding 

1,400 nm and an output power greater 

than 1 W; 

(11) Non-tunable single transverse 

mode semiconductor lasers having an 

output wavelength exceeding 1,510 nm 

and either an average output power or 

continuous wave (CW) output power 

greater than 2 W; 

(12) Non-tunable multiple transverse 

mode semiconductor lasers having an 

output wavelength exceeding 1,900 nm 

and either an average output power or 

CW output power greater than 2 W; 

(13) Laser stacked arrays as follows: 

(i) Having an output wavelength not 

exceeding 1,400 nm and a peak pulsed 

power density greater than 3,300 W/ 

cm2; 

(ii) Having an output wavelength 

exceeding 1,400 nm but less than 1,900 

nm and a peak pulsed power density 

greater than 700 W/cm2; 

(iii) Having an output wavelength 

exceeding 1,900 nm and a peak pulsed 

power density greater than 70 W/cm2; or 

(iv) Having an output wavelength 

exceeding 1,900 nm, and either an 

average output power or CW output 

power greater than 20W; 

(14) Developmental lasers and laser 

systems or equipment funded by the 

Department of Defense; 

Note 1 to paragraph (b)(14): This 

paragraph does not control developmental 

lasers and laser systems or equipment (a) in 

production, (b) determined to be subject to 

the EAR via a commodity jurisdiction 

determination (see § 120.4 of this 

subchapter), or (c) identified in the relevant 

Department of Defense contract or other 

funding authorization as being developed for 

both civil and military applications. 

Note 2 to paragraph (b)(14): Note 1 does 

not apply to defense articles enumerated on 

the U.S. Munitions List, whether in 

production or development. 

Note 3 to paragraph (b)(14): This provision 

is applicable to those contracts or other 

funding authorizations that are dated XXXX, 

2016, or later. 

*(c) Infrared focal plane arrays, image 

intensifier tubes, night vision, electrooptic, infrared and terahertz systems, 

equipment and accessories, including 

cameras and cores, as follows: 

(1) Image intensifier tubes (IITs) 

having a peak response within the 

wavelength range exceeding 400 nm but 

not exceeding 2,050 nm and 

incorporating either a microchannel 

plate described in paragraph (e)(2)(i) of 

this category or electron sensing device 

described in paragraph (e)(2)(iv) of this 

category, as follows, and specially 

designed parts and components 

therefor: 

(i) Incorporating a multialkali 

photocathode having a luminous 

sensitivity exceeding 500 microamps 

per lumen (e.g., GEN 2 IITs); 

(ii) Incorporating a compound 

semiconductor photocathode having a 

radiant sensitivity exceeding 20 mA/W 

(e.g., GEN 3 IITs); 

(2) Photon detector, microbolometer 

detector, or multispectral detector 

infrared focal plane arrays (IRFPAs) 

having a peak response within the 

wavelength range exceeding 900 nm but 

not exceeding 30,000 nm and not 

integrated into a permanent 

encapsulated sensor assembly, and 

detector elements therefor; 

Note 1 to paragraph (c)(2): This paragraph 

does not control lead sulfide or lead selenide 

IRFPAs having a peak response within the 

wavelength range exceeding 1,000 nm but 

not exceeding 5,000 nm and not exceeding 16 

detector elements, or pyrolectric IRFPAs with 

detectors composed of any of the following 

or their variants: Triglycine sulphate, leadlanthanum-zirconium titanate, lithium 

tantalite, polyvinylidene fluoride, or 

strontium barium niobate. 

Note 2 to paragraph (c)(2): For controls on 

readout integrated circuits (ROICs), see 

paragraphs (e)(4) and (e)(5) of this category. 

(3) One-dimensional photon detector 

IRFPAs described in paragraph (c)(2) of 

this category in a permanent 

encapsulated sensor assembly, having 

greater than 640 detector elements; 

(4) Two-dimensional photon detector 

IRFPAs described in paragraph (c)(2) of 

this category in a permanent 

encapsulated sensor assembly, having 

greater than 256 detector elements; 

(5) Microbolometer IRFPAs described 

in paragraph (c)(2) of this category in a 

permanent encapsulated sensor 

assembly, having greater than 328,000 

detector elements; 

(6) Multispectral IRFPAs in a 

permanent encapsulated sensor 

assembly, having a peak response in any 

spectral band within the wavelength 

range exceeding 1,500 nm but not 

exceeding 30,000 nm; 

(7) Charge multiplication focal plane 

arrays having greater than 1,600 

elements in any dimension and having 

a maximum radiant sensitivity 

exceeding 50 mA/W for any wavelength 

exceeding 760 nm but not exceeding 

900 nm, and avalanche detector 

elements therefor; 

(8) Charge multiplication focal plane 

arrays described in paragraph (c)(7) of 

this category in a permanent 

encapsulated sensor assembly, and 

avalanche detector elements therefor; 

(9) Integrated IRFPA dewar cooler 

assemblies (IDCAs), with or without an 

IRFPA, having any of the following: 

(i) Cryocoolers having a cooling 

source temperature below 218 K and a 

mean-time-to-failure (MTTF) in excess 

of 3000 hours; 

(ii) Active cold fingers; 

(iii) Variable or dual aperture 

mechanisms; or 

(iv) Dewars specially designed for 

articles controlled in paragraphs (a), (b), 

or (c) of this category; 

(10) Gimbals with two or more axes of 

active stabilization having a minimum 

root-mean-square (RMS) stabilization 

better (less) than 200 microradians, and 

specially designed for articles controlled 

in this subchapter; 

(11) Gimbals with two or more axes of 

active stabilization having a minimum 

root-mean-square (RMS) stabilization 

better (less) than 100 microradians; 

Note to paragraph (c)(11): This paragraph 

does not control gimbals containing only a 

non-removable camera payload operating 

exclusively in the visible spectrum (i.e., 400 

nm to 760 nm). 

(12) Infrared imaging camera cores 

(e.g., modules, engines, kits), and 

specially designed electronics and 


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optics therefor, having any of the 

following: 

(i) An image intensifier tube described 

in paragraph (c)(1) of this category; 

(ii) Output imagery when subject to 

more than 20 weapon shock load events 

of 325 g for 0.4 ms and a 

microbolometer IRFPA having greater 

than 111,000 detector elements; 

(iii) A microbolometer IRFPA 

described in paragraph (c)(2) of this 

category having greater than 328,000 

detector elements, or a microbolometer 

IRFPA described in paragraph (c)(5) of 

this category; 

(iv) An IDCA described in paragraph 

(c)(9) of this category, or IDCA parts or 

components described in paragraph 

(e)(7) of this category; 

(v) A one-dimensional photon 

detector IRFPA described in paragraph 

(c)(2) of this category having a peak 

response within the wavelength range 

exceeding 900 nm but not exceeding 

2,500 nm and greater than 640 detector 

elements; 

(vi) A one-dimensional or twodimensional photon detector IRFPA 

described in paragraph (c)(2) of this 

category having a peak response within 

the wavelength range exceeding 2,500 

nm but not exceeding 30,000 nm and 

greater than 256 detector elements; 

(vii) A one-dimensional photon 

detector IRFPA described in paragraph 

(c)(3) of this category; 

(viii) A two-dimensional photon 

detector IRFPA described in paragraph 

(c)(2) or (4) of this category having a 

peak response within the wavelength 

range exceeding 900 nm but not 

exceeding 2,500 nm, and greater than 

111,000 detector elements; 

(ix) A two-dimensional photon 

detector IRFPA described in paragraph 

(c)(4) of this category having a peak 

response within the wavelength range 

exceeding 2,500 nm but not exceeding 

30,000 nm; 

(x) A multispectral infrared focal 

plane array described in paragraph (c)(2) 

or (6) of this category; or 

(xi) A charge multiplication IRFPA 

controlled in paragraph (c)(7) or (8) of 

this category; 

Note to paragraph (c)(12): The articles 

controlled by this paragraph have sufficient 

electronics to enable as a minimum the 

output of an analog or digital signal once 

power is applied. 

(13) Binoculars, bioculars, 

monoculars, goggles, or head or helmetmounted imaging systems or equipment 

(including video-based articles having a 

separate near-to-eye display) that 

incorporate or are specially designed to 

incorporate any of the following, and 

specially designed electronics, optics, 

and displays therefor: 

(i) An IIT controlled in this category; 

or 

(ii) An infrared imaging camera core 

controlled in paragraph (c)(12)(i) 

through (xi) of this category; 

Note to paragraph(c)(13): The articles 

controlled in this paragraph include 

binoculars, bioculars, monoculars, goggles, or 

head- or helmet-mounted imaging systems or 

equipment (including video-based articles 

having a separate near-to-eye display) that 

incorporate or are specially designed to 

incorporate an IRFPA or IIT article (e.g., 

IDCA, IRFPA assembly) and electronics 

separately. 

(14) Targeting systems or equipment 

incorporating or specially designed to 

incorporate an article controlled in this 

category (e.g., pods, IBAS, SGFLIR, 

gunner TIS), and specially designed 

parts and components therefor; 

(15) Infrared search and track (IRST) 

systems or equipment that incorporate 

or are specially designed to incorporate 

an article controlled in this category, 

and maintain positional or angular state 

of a target through time, and specially 

designed parts and components 

therefor; 

(16) Infrared imaging systems or 

equipment (e.g., fully packaged 

cameras) incorporating or specially 

designed to incorporate an article 

controlled in this category, as follows, 

and specially designed electronics, 

optics, and displays therefor: 

(i) Having two or more axes of active 

stabilization and a minimum root-meansquare (RMS) stabilization better (less) 

than 200 microradians; 

(ii) Mobile reconnaissance, scout, or 

surveillance systems or equipment 

providing real-time target location at 

ranges greater than 5 km (e.g., LRAS, 

CIV, HTI, SeeSpot, MMS); 

(iii) Fixed-site reconnaissance, 

surveillance or perimeter security 

systems or equipment having greater 

than 640 detector elements in any 

dimension; 

(iv) Combat vehicle, tactical wheeled 

vehicle, naval vessel, or aircraft pilotage 

systems or equipment having a variable 

field of view or field of regard (e.g., 

electronic pan or tilt), and either an 

IRFPA article controlled in this 

subchapter with greater than 640 

detector elements in any dimension, or 

an IIT controlled in this category (e.g., 

DAS, DVE, SeaFLIR, PNVS); 

Note to paragraph (c)(16)(iv): This 

paragraph does not control distributed 

aperture sensors specially designed for civil 

automotive lane departure warning or 

collision avoidance. 

(v) Multispectral imaging systems or 

equipment that either incorporate a 

multispectral IRFPA described in 

paragraph (c)(2) or (6) of this category, 

or classify or identify military or 

intelligence targets or characteristics; 

(vi) Automated missile detection or 

warning; 

(vii) Hardened to withstand 

electromagnetic pulse (EMP) or 

chemical, biological, or radiological 

threats; 

(viii) Incorporating mechanism(s) to 

reduce signature; or 

(ix) Specially designed for military 

platforms controlled in USML 

Categories VI, VII or VIII (MT if 

designed or modified for unmanned 

aerial vehicle systems capable of 

delivering at least a 500 kg payload to 

a range of at least 300 km); 

(17) Terahertz imaging systems or 

equipment having a peak response in 

the frequency range exceeding 30 GHz 

but not exceeding 3000 GHz and having 

a resolution less (better) than 0.5 

milliradians at a standoff range of 100 

m; 

(18) Near-to-eye display systems or 

equipment, specially designed for 

articles controlled in this subchapter; 

(19) Systems or equipment that 

project radiometrically calibrated scenes 

directly into the entrance aperture of an 

electro-optical or infrared (EO/IR) 

sensor controlled in this subchapter 

within either the spectral band 

exceeding 10 nm but not exceeding 400 

nm, or the spectral band exceeding 900 

nm but not exceeding 30,000 nm; or 

(20) Systems or equipment 

incorporating an infrared (IR) beacon or 

emitter specially designed for 

Identification Friend or Foe (IFF), and 

specially designed parts and 

components therefor; 

(21) Developmental imaging systems 

or equipment funded by the Department 

of Defense. 

Note 1 to paragraph (c)(21): This 

paragraph does not control imaging systems 

or equipment (a) in production; (b) 

determined to be subject to the EAR via a 

commodity jurisdiction determination (see 

§ 120.4 of this subchapter), or (c) identified 

in the relevant Department of Defense 

contract or other funding authorization as 

being developed for both civil and military 

applications. 

Note 2 to paragraph (c)(21): Note 1 does 

not apply to defense articles enumerated on 

the U.S. Munitions List, whether in 

production or development. 

Note 3 to paragraph (c)(21): This provision 

is applicable to those contracts or other 

funding authorizations that are dated XXXX, 

2016, or later. 

Note 1 to paragraph (c): A permanent 

encapsulated sensor assembly (e.g., sealed 

enclosure, vacuum package) prevents direct 

access to the IRFPA, disassembly of the 

sensor assembly, and removal of the IRFPA 

without destruction or damage to the IRFPA. 


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Note 2 to paragraph (c): The articles 

described in paragraphs (c)(1) through (5), 

(c)(7), (c)(8), and (c)(12) other than (c)(12)(ix) 

having greater than 640 detector elements in 

any dimension, and (c)(12)(x) are subject to 

the EAR when, prior to export, reexport, 

retransfer, or temporary import, they are 

integrated into and included as an integral 

part of an item subject to the EAR, and 

cannot be removed without destruction or 

damage to the article or render the item 

inoperable. Articles are not subject to the 

EAR until integrated into the item subject to 

the EAR. Defense articles intended to be 

integrated, and technical data and defense 

services directly related thereto remain 

subject to the ITAR prior to integration. See 

paragraph (f) of this category for enumerated 

technical data and software, and specific 

information subject to the EAR. 

(d) Guidance, navigation, and control 

systems and equipment as follows: 

(1) Guidance or navigation systems 

(e.g., inertial navigation systems, inertial 

measurement units, inertial reference 

units, attitude and heading reference 

systems) as follows (MT if designed or 

modified for rockets, missiles, SLVs, 

drones, or unmanned aerial vehicle 

systems capable of a range greater than 

or equal to 300 km); 

(i) Having a circle of equal probability 

(CEP) of position error rate less (better) 

than 0.35 nautical miles per hour; 

(ii) Having a heading error or true 

north determination of less (better) than 

0.50 mrad secant (latitude) (0.02865 

degrees secant (latitude)); or 

(iii) Specified to function at linear 

acceleration levels exceeding 25 g; 

Note to paragraph (d)(1): For aircraft and 

unmanned aerial vehicle guidance or 

navigation systems, see USML Category 

VIII(e). For rocket or missile flight control 

and guidance systems (including guidance 

sets), see USML Category IV(h). 

(2) Accelerometers having a bias 

stability of less (better) than 20 mg, a 

scale factor stability of less (better) than 

20 parts per million, or capable of 

measuring greater than 100,000 g (MT if 

having a scale factor repeatability less 

(better) than 1250 ppm and bias 

repeatability less (better) than 1250 

micro g or specified to function at 

acceleration levels greater than 100 g); 

Note 1 to paragraph (d)(2): For weapon 

fuze accelerometers, see USML Category 

III(d) or IV(h). 

Note 2 to paragraph (d)(2): MT designation 

does not include accelerometers that are 

designed to measure vibration or shock. 

(3) Gyroscopes or angular rate sensors 

having an angle random walk of less 

(better) than 0.00125 degree per square 

root hour or having a bias stability less 

(better) than 0.0015 degrees per hour 

(MT if having a rated drift stability of 

less than 0.5 degrees (1 sigma or rms) 

per hour in a 1 g environment or 

specified to function at acceleration 

levels greater than 100 g); 

(4) Mobile relative gravimeters, 

having automatic motion compensation, 

with an in-service accuracy of less 

(better) than 0.4 mGal (MT if designed 

or modified for airborne or marine use 

and having a time to steady-state 

registration of two minutes or less); 

(5) Mobile gravity gradiometers 

having an accuracy of less (better) than 

10 Eo ̈tvo ̈ s squared per radian per second 

for any component of the gravity 

gradient tensor, and having a spatial 

gravity wavelength resolution of 50 m or 

less (MT if designed or modified for 

airborne or marine use); 

Note to paragraph (d)(5): ‘‘Eo ̈tvo ̈ s’’ is a unit 

of acceleration divided by distance that was 

used in conjunction with the older 

centimeter-gram-second system of units. The 

Eo ̈tvo ̈ s is defined as 1/1,000,000,000 Galileo 

(Gal) per centimeter. 

(6) Global Navigation Satellite System 

(GNSS) receiving equipment, as follows, 

and specially designed parts and 

components therefor: 

(i) Global Navigation Satellite System 

(GNSS) receiving equipment specially 

designed for military applications (MT 

if designed or modified for airborne 

applications and capable of providing 

navigation information at speeds in 

excess of 600 m/s); 

(ii) Global Positioning System (GPS) 

receiving equipment specially designed 

for encryption or decryption (e.g., YCode, M-Code) of GPS precise 

positioning service (PPS) signals (MT if 

designed or modified for airborne 

applications); 

(iii) GPS receiving equipment 

specially designed for use with a null 

steering antenna, an electronically 

steerable antenna, or including a null 

steering antenna designed to reduce or 

avoid jamming signals (MT if designed 

or modified for airborne applications); 

or 

Note to paragraph (6)(iii): The articles 

described in this paragraph are subject to the 

EAR when, prior to export, reexport, 

retransfer, or temporary import, they are 

integrated into and included as an integral 

part of an item subject to the EAR. Articles 

do not become subject to the EAR until 

integrated into the item subject to the EAR. 

Export, reexport, retransfer, or temporary 

import of, and technical data and defense 

services directly related to, defense articles 

intended to be integrated, remain subject to 

the ITAR. 

(iv) GPS receiving equipment 

specially designed for use with rockets, 

missiles, space launch vehicles (SLVs), 

drones, or unmanned air vehicle 

systems capable of delivering at least a 

500 kg payload to a range of at least 300 

km (MT); 

Note to paragraph (6)(iv): ‘‘Payload’’ is the 

total mass that can be carried or delivered by 

the specified rocket, missile, SLV, drone or 

unmanned aerial vehicle that is not used to 

maintain flight. For definition of ‘‘range’’ as 

it pertains to rocket systems, see note 1 to 

paragraph (a) of USML Category IV. For 

definition of ‘‘range’’ as it pertains to aircraft 

systems, see note to paragraph (a) of USML 

Category VIII. 

(7) GNSS anti-jam systems employing 

adaptive antennas that have a minimum 

of four antenna elements, add 35 dB or 

greater anti-jam margin, and produce 

nulls in the direction of jammers or 

high-gain beams in the direction of 

satellites at any ranging code frequency; 

(8) GNSS security devices (e.g., 

Selective Availability Anti-Spoofing 

Modules, Security Modules, and 

Auxiliary Output Chips), Selective 

Availability Anti-Spoofing Module 

(SAASM), Security Module (SM) and 

Auxiliary Output Chip (AOC) chips; or 

(9) Developmental guidance, 

navigation, or control devices, systems 

or equipment funded by the Department 

of Defense (MT if designed or modified 

for rockets, missiles, SLVs, drones, or 

unmanned aerial vehicle systems 

capable of a range equal to or greater 

than 300 km); 

Note 1 to paragraph (d)(9): This paragraph 

does not control guidance, navigation, or 

control, systems, or equipment (a) in 

production, (b) determined to be subject to 

the EAR via a commodity jurisdiction 

determination (see § 120.4 of this 

subchapter), or (c) identified in the relevant 

Department of Defense contract or other 

funding authorization as being developed for 

both civil and military applications. 

Note 2 to paragraph (d)(9): Note 1 does not 

apply to defense articles enumerated on the 

U.S. Munitions List, whether in production 

or development. 

Note 3 to paragraph (d)(9): This provision 

is applicable to those contracts or other 

funding authorizations that are dated XXXX, 

2016, or later. 

Note 4 to paragraph (d)(9): For definition 

of ‘‘range’’ as it pertains to rocket systems, 

see note 1 to paragraph (a) of USML Category 

IV. For definition of ‘‘range’’ as it pertains to 

aircraft systems, see note to paragraph (a) of 

USML Category VIII. 

(e) Parts, components, accessories, 

attachments, and associated equipment 

as follows: 

(1) Optical sensors having a spectral 

filter for systems or equipment 

controlled in USML Category XI(a)(4), or 

optical sensor assemblies that provide 

threat warning or tracking for systems or 

equipment controlled in Category 


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Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 25829 

XI(a)(4) and specially designed optics 

and electronics therefor; 

(2) Image intensifier tube (IIT) parts 

and components as follows: 

(i) Microchannel plates having a hole 

pitch (center-to-center spacing) of 12 mm 

or less; 

(ii) Multialkali photocathodes (e.g., S– 

20 and S–25) having a luminous 

sensitivity exceeding 500 microamps 

per lumen; 

(iii) III/V compound semiconductor 

(e.g., GaAs or GaInAs) photocathodes 

and transferred electron photocathodes 

having a radiant sensitivity exceeding 

20 mA/W; 

(iv) Electron sensing devices with 

detectors having a non-binned center-tocenter spacing less than 100 mm, and 

either achieving charge multiplication 

within the vacuum space other than by 

a microchannel plate or specially 

designed for operation with a 

microchannel plate; 

(v) Phosphor screens, including 

output faceplates, specially designed for 

IITs controlled in this category; 

(vi) Miniature autogated power 

supplies providing internal sensing and 

control of the photocathode to increase 

the dynamic range of IITs controlled in 

this category; or 

(vii) Fiber-optic inverters, couplers or 

tapers specially designed for IITs 

controlled in this category; 

(3) Wafers incorporating structures for 

either a ROIC controlled in paragraph 

(e)(4) or (5) of this category, or an IRFPA 

or detector elements therefor controlled 

in paragraph (c)(2) of this category; 

(4) Read-Out Integrated Circuits 

(ROICs) specially designed for an IRFPA 

controlled in paragraph (c)(2) of this 

category or detector elements therefor, 

as follows: 

(i) One-dimensional photon detector 

IRFPA having greater than 640 detector 

elements; 

(ii) Two-dimensional photon detector 

IRFPA having greater than 256 detector 

elements; 

(iii) A microbolometer IRFPA having 

greater than 19,200 elements; or 

(iv) Multispectral IRFPA; 

Note to paragraph (e)(4): ROICs are 

specially designed for an infrared focal plane 

array detector even if the detector is 

incorporated into an item that is not 

enumerated on the U.S. Munitions List. 

(5) ROICs specially designed for a 

camera/core/packaged IRFPA subject to 

the controls of this subchapter; 

(6) Vacuum packages or other sealed 

enclosures for an IRFPA or IIT 

controlled in paragraph (c) of this 

category specially designed for 

incorporation or integration into an 

article controlled in paragraphs (a), (b), 

or (c) of this category; 

(7) Integrated IRFPA dewar cooler 

assembly (IDCA) parts and components, 

as follows: 

(i) Cryocoolers having a cooling 

source temperature below 218 K and a 

mean-time-to-failure (MTTF) in excess 

of 3000 hours; 

(ii) Active cold fingers; 

(iii) Variable or dual aperture 

mechanisms; or 

(iv) Dewars specially designed for 

articles controlled in paragraphs (a), (b) 

or (c) of this category; 

(8) IRFPA Joule-Thomson (JT) selfregulating cryostats specially designed 

for articles controlled in this 

subchapter; 

(9) Infrared lenses, mirrors, beam 

splitters or combiners, filters, and 

treatments and coatings, specially 

designed for any article controlled in 

this category; 

(10) Drive, control, signal or image 

processing electronics, specially 

designed for articles controlled in this 

category; 

(11) Signal processing electronics, 

attachments or accessories that provide: 

(i) Automatic or aided detection and 

recognition, classification, identification 

or discrimination of military or 

intelligence items; 

(ii) Multi-sensor fusion other than 

image blending; or 

Note to paragraph (e)(11)(ii): Multi-sensor 

fusion refers to automatically combining 

imagery or information from two or more 

sensors, including at least one article 

controlled in this category, to improve 

classification, identification, or tracking of 

targets relative to any of the individual 

sensors. 

(iii) Target aim point adjustment; 

(12) Near-to-eye displays specially 

designed for articles controlled in this 

category; 

(13) Resonators, receivers, 

transmitters, modulators, gain media, 

and drive electronics or frequency 

converters specially designed for laser 

systems or equipment controlled in this 

category; 

(14) Two-dimensional infrared scene 

projector emitter arrays (i.e., resistive 

arrays) that emit infrared radiation 

within the 900 nm to 30,000 nm 

wavelength range; or 

(15) Any part, component, accessory, 

attachment, or associated equipment, 

that: 

(i) Is ‘‘classified’’; 

(ii) Contains ‘‘classified’’ software; 

(iii) Is manufactured using 

‘‘classified’’ production data; or 

(iv) Is being developed using 

‘‘classified’’ information. 

Note to paragraph (e)(15): ‘‘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 to paragraph (e): The articles 

described in this paragraph are subject to the 

EAR when, prior to export, reexport, 

retransfer, or temporary import, they are 

integrated into and included as an integral 

part of an item subject to the EAR, and 

cannot be removed without destruction or 

damage to the article or render the item 

inoperable. Articles are not subject to the 

EAR until integrated into the item subject to 

the EAR. Defense articles intended to be 

integrated, and technical data and defense 

services directly related thereto, remain 

subject to the ITAR prior to integration. See 

paragraph (f) of this category for enumerated 

technical data and software, and specific 

information subject to the EAR. 

*(f) 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 (e) of this 

category. (See § 125.4 of this subchapter 

for exemptions.) (MT for technical data 

and defense services related to articles 

designated as such.) 

Note 1 to paragraph (f): Technical data and 

defense services directly related to image 

intensifier tubes and specially designed parts 

and components therefor controlled in 

paragraph (c)(1) of this category, infrared 

focal plane arrays (IRFPAs) and detector 

elements therefor controlled in paragraph 

(c)(2) of this category, integrated IRFPA 

dewar cooler assemblies (IDCAs) controlled 

in paragraph (c)(9) of this category, wafers 

incorporating IRFPA or ROIC structures 

controlled in paragraph (e)(3) of this 

category, and specially designed readout 

integrated circuits (ROICs) controlled in 

paragraphs (e)(4) and (5) of this category, 

remain subject to the ITAR even if the 

technical data or defense services could also 

apply to items subject to the EAR. 

Note 2 to paragraph (f): Software and 

technical data include: 

A. Design or manufacturing process 

descriptions (e.g., steps, sequences, 

conditions, parameters) for lasers described 

in paragraphs (b)(6) and (b)(9) through (13) of 

this category, IITs controlled in paragraph 

(c)(1) of this category and their parts and 

components controlled in paragraph (e)(2) of 

this category (including tube sealing 

techniques, interface techniques within the 

vacuum space for photocathodes, 

microchannel plates, phosphor screens, input 

glass-window faceplates, input or output 

fiber optics (e.g., inverter)), IRFPAs and 

detector elements therefor controlled in 

paragraph (c)(2) of this category, integrated 

IRFPA dewar cooler assemblies (IDCAs) 

controlled in paragraph (c)(9) of this 

category, wafers incorporating structures for 

an IRFPA and detector elements therefor 

controlled in paragraph (c)(2) or structures 

for ROICs controlled in paragraph (e)(4) or (5) 


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25830 Federal Register / Vol. 80, No. 86 / Tuesday, May 5, 2015 / Proposed Rules 

of this category, and specially designed 

ROICs controlled in paragraphs (e)(4) and (5) 

of this category (including bonding or mating 

(e.g., hybridization of IRFPA detectors and 

ROICs), prediction or optimization of IRFPAs 

or ROICs at cryogenic temperatures, junction 

formation, passivation). 

Note to paragraph A of note 2 to 

paragraph (f): Technical data does not 

include information directly related to basic 

operating instructions, testing results, 

incorporating or integrating IRFPAs into 

higher level packaged assemblies not 

enumerated in this category, or external 

interface control documentation associated 

with such assemblies or assemblies subject to 

the EAR, provided such information does not 

include design methodology, engineering 

analysis, or manufacturing know-how for a 

USML controlled IRFPA. 

B. Software that converts an article 

controlled in this category into an item 

subject to the EAR or an item subject to 

the EAR into an article controlled in this 

category is directly related to the 

defense article controlled in this 

category. When a defense article has 

been converted into an item subject to 

the EAR through software, the presence 

of the software that prevents the item 

from meeting or exceeding a USML 

control parameter does not make the 

item subject to the ITAR. 

C. EO/IR simulation or projection 

system software that replicates via 

simulation either the output data or 

information provided by any article 

controlled in this category, a 

radiometrically calibrated spectral 

signature of any article controlled in 

this subchapter, volumetric effects of 

plumes or military operational 

obscurants, or countermeasure effects. 

Note 3 to paragraph (f): Technology for 

incorporating or integrating IRFPAs into 

permanent encapsulated sensor assemblies 

subject to the EAR, or integrating such 

assemblies into an item subject to the EAR, 

and integrating IITs into an item subject to 

the EAR, including integrating items subject 

to the EAR into foreign military commodities 

outside the United States, is subject to the 

EAR. 

(g)–(w) [Reserved] 

(x) Commodities, software, and 

technology subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technology subject 

to the EAR (see § 123.1(b) of this subchapter). 

* * * * * 

§ 121.1 [Amended] 

■ 4. Section 121.1 is amended by 

removing and reserving paragraph (c) in 

U.S. Munitions List Category XV. 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2015–09673 Filed 5–4–15; 8:45 am] 

BILLING CODE 4710–25–P 


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