Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules 6765 

DEPARTMENT OF STATE 

22 CFR Parts 120, 121, and 123 

RIN 1400–AD19 

[Public Notice 8165 ] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category IV 

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 IV 

(launch vehicles, guided missiles, 

ballistic missiles, rockets, torpedoes, 

bombs, and mines) of the U.S. 

Munitions List (USML) to describe more 

precisely the articles warranting control 

on the USML. 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. In 

addition, several ITAR sections 

addressing the Missile Technology 

Control Regime (MTCR) Annex are 

revised to provide a new method of 

identifying articles common to the 

MTCR Annex and the USML. And, the 

ITAR section describing shipments 

between U.S. possessions is clarified to 

only encompass those shipments that do 

not transit a foreign country. 

DATES: The Department of State will 

accept comments on this proposed rule 

until March 18, 2013. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘ITAR Amendment— 

Category IV.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD19). 

Comments received after that date will 

be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Director, Office 

of Defense Trade Controls Policy, U.S. 

Department of State, telephone (202) 

663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category IV. 

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. 

All references to the USML in this 

rule are to the list of defense articles 

that are 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 United States 

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 

The Departments of State and 

Commerce described in their respective 

Advanced Notices of Proposed 

Rulemaking (ANPRM) in December 

2010 the Administration’s plan to make 

the USML and the CCL positive, tiered, 

and aligned so that eventually they can 

be combined into a single control list 

(see ‘‘Commerce Control List: Revising 

Descriptions of Items and Foreign 

Availability,’’ 75 FR 76664 (December 9, 

2010) and ‘‘Revisions to the United 

States Munitions List,’’ 75 FR 76935 

(December 10, 2010)). The notices also 

called for the establishment of a ‘‘bright 

line’’ between the USML and the CCL to 

reduce government and industry 

uncertainty regarding export 

jurisdiction by clarifying whether 

particular items are subject to the 

jurisdiction of the ITAR or the EAR. 

While these remain the 

Administration’s ultimate Export 

Control Reform objectives, their 

concurrent implementation would be 

problematic in the near term. In order to 

more quickly reach the national security 

objectives of greater interoperability 

with U.S. allies, enhancing the defense 

industrial base, and permitting the U.S. 

Government to focus its resources on 

controlling and monitoring the export 

and reexport of more significant items to 

destinations, end-uses, and end-users of 

greater concern than NATO allies and 

other multi-regime partners, the 

Administration has decided, as an 

interim step, to propose and implement 

revisions to both the USML and the CCL 

that are more positive, but not yet 

tiered. 

Specifically, based in part on a review 

of the comments received in response to 

the December 2010 notices, the 

Administration has determined that 

fundamentally altering the structure of 

the USML by tiering and aligning it on 

a category-by-category basis would 

significantly disrupt the export control 

compliance systems and procedures of 

exporters and reexporters. For example, 

until the entire USML was revised and 

became final, some USML categories 

would follow the legacy numbering and 

control structures while the newly 

revised categories would follow a 

completely different numbering 

structure. In order to allow for the 

national security benefits to flow from 

re-aligning the jurisdictional status of 

defense articles that no longer warrant 

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

impact on exporters’ internal control 

and jurisdictional and classification 

marking systems, the Administration 

plans to proceed with building positive 


sroberts on DSK5SPTVN1PROD with 
6766 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules 

lists now and afterward return to 

structural changes. 

Revision of Category IV and Other 

ITAR Sections 

This proposed rule revises USML 

Category IV (launch vehicles, guided 

missiles, ballistic missiles, rockets, 

torpedoes, bombs, and mines). 

Paragraph (a) is revised to remove 

demolition blocks and blasting caps, 

and to add subparagraphs (1) through 

(11) to more clearly describe the articles 

controlled in (a). ITAR § 121.11, which 

further describes demolition blocks and 

blasting caps, is removed and placed in 

reserve. 

Paragraphs (b) and (d) are revised to 

more specifically enumerate the articles 

controlled therein. 

Military explosive excavating devices, 

currently enumerated in paragraph (e), 

are to be transferred to the jurisdiction 

of the Department of Commerce under 

Export Control Classification Number 

(ECCN) 0A604.c. The articles currently 

enumerated in paragraph (f), ablative 

materials, will remain under ITAR 

control but are to be moved to USML 

Category XIII(d). 

Paragraph (h) is revised by removing 

its broad catch-all wording and adding 

subparagraphs (1) through (31) to 

specifically enumerate the articles 

controlled in that paragraph. 

ITAR § 121.5, which provides 

clarification of paragraph (c), is 

removed. Articles currently therein are 

identified in a note to paragraph (c) or 

are enumerated in paragraph (h). 

ITAR § 121.16, which lists articles on 

the Missile Technology Control Regime 

(MTCR) Annex also enumerated on the 

USML, including in USML Category IV, 

is removed and placed in reserve. 

Articles common to the 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. ITAR 

§§ 120.29, 121.1(c), and 121.2 are also 

revised accordingly. 

Finally, ITAR § 123.12 is revised to 

add clarifying language regarding the 

shipment of defense articles between 

U.S. possessions. For a shipment of 

defense articles between U.S. 

possessions not to require an export 

license, the shipment must be direct, 

without transiting a foreign country. A 

temporary export license is required for 

shipments that do transit a foreign 

country. 

Definition for Specially Designed 

Although one of the goals of the 

export control reform initiative is to 

describe USML controls without using 

design intent criteria, a few of the 

controls in the proposed revision 

nonetheless use the term ‘‘specially 

designed.’’ It is, therefore, necessary for 

the Department to define the term. 

Three proposed definitions have been 

published to date. For the purpose of 

evaluation of this proposed rule, 

reviewers should use the definition 

provided by the Department of State in 

the June 19, 2012, proposed rule (77 FR 

36428). 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some solutions have been 

adopted that were determined to be the 

best of available options. With the 

thought that multiple perspectives 

would be beneficial to the USML 

revision process, the Department 

welcomes the assistance of users of the 

lists and requests input on the 

following: 

(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all the items that meet 

Wassenaar Arrangement commitments 

embodied in Munitions List Category 4 

(WA–ML4). To that end, the public is 

asked to identify any potential lack of 

coverage brought about by the proposed 

rules for USML Category IV contained 

in this notice and for CCL ECCN 0A604 

published separately by the Department 

of Commerce when reviewed together. 

(2) The key goal of this rulemaking is 

to establish a ‘‘bright line’’ between the 

USML and the CCL for the control of 

these items. The public is asked to 

provide specific examples of launch 

vehicles, guided missiles, ballistic 

missiles, rockets, torpedoes, bombs, and 

mines whose jurisdiction would be in 

doubt based on this revision. 

In addition, the Department welcomes 

comments on the proposed revision of 

§§ 121.16 and 123.12. 

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 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. As noted above, and also 

without prejudice to the Department 

position that this rulemaking is not 

subject to the APA, the Department 

previously published a related Advance 

Notice of Proposed Rulemaking (RIN 

1400–AC78), and accepted comments 

for 60 days. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this proposed rule is 

exempt from the provisions of 5 U.S.C. 

553, there is no requirement for an 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed rulemaking does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed rulemaking 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 rulemaking 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 

rulemaking does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this proposed 

rulemaking. 

Executive Orders 12866 and 13563 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 


sroberts on DSK5SPTVN1PROD with 
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules 6767 

These Executive Orders stress the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. These rules have been 

designated ‘‘significant regulatory 

actions,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

this proposed rule has been reviewed by 

the Office of Management and Budget 

(OMB). 

Executive Order 12988 

The Department of State has reviewed 

this proposed rulemaking in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State has 

determined that this proposed 

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 proposed rulemaking. 

Paperwork Reduction Act 

Notwithstanding any other provision 

of law, no person is required to respond 

to, nor is subject to a penalty for failure 

to comply with, a collection of 

information, subject to the requirements 

of the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) (PRA), unless 

that collection of information displays a 

currently valid OMB control number. 

This proposed rule would affect the 

following approved collections: (1) 

Statement of Registration, DS–2032, 

OMB No. 1405–0002; (2) Application/ 

License for Permanent Export of 

Unclassified Defense Articles and 

Related Unclassified Technical Data, 

DSP–5, OMB No. 1405–0003; (3) 

Application/License for Temporary 

Import of Unclassified Defense Articles, 

DSP–61, OMB No. 1405–0013; (4) 

Nontransfer and Use Certificate, DSP– 

83, OMB No. 1405–0021; (5) 

Application/License for Permanent/ 

Temporary Export or Temporary Import 

of Classified Defense Articles and 

Classified Technical Data, DSP–85, 

OMB No. 1405–0022; (6) Application/ 

License for Temporary Export of 

Unclassified Defense Articles, DSP–73, 

OMB No. 1405–0023; (7) Statement of 

Political Contributions, Fees, or 

Commissions in Connection with the 

Sale of Defense Articles or Services, 

OMB No. 1405–0025; (8) Authority to 

Export Defense Articles and Services 

Sold Under the Foreign Military Sales 

(FMS) Program, DSP–94, OMB No. 

1405–0051; (9) 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. 

1405–0092; (10) Request for Approval of 

Manufacturing License Agreements, 

Technical Assistance Agreements, and 

Other Agreements, DSP–5, OMB No. 

1405–0093; (11) Maintenance of Records 

by Registrants, OMB No. 1405–0111; 

(12) Annual Brokering Report, DS–4142, 

OMB No. 1405–0141; (13) Brokering 

Prior Approval (License), DS–4143, 

OMB No. 1405–0142; (14) Projected Sale 

of Major Weapons in Support of Section 

25(a)(1) of the Arms Export Control Act, 

DS–4048, OMB No. 1405–0156; (15) 

Export Declaration of Defense Technical 

Data or Services, DS–4071, OMB No. 

1405–0157; (16) Request for Commodity 

Jurisdiction Determination, DS–4076, 

OMB No. 1405–0163; (17) Request to 

Change End-User, End-Use, and/or 

Destination of Hardware, DS–6004, 

OMB No. 1405–0173; (18) Request for 

Advisory Opinion, DS–6001, OMB No. 

1405–0174; (19) Voluntary Disclosure, 

OMB No. 1405–0179; and (20) 

Technology Security/Clearance Plans, 

Screening Records, and Non-Disclosure 

Agreements Pursuant to 22 CFR 126.18, 

OMB No. 1405–0195. The Department 

of State believes there will be minimal 

changes to these collections. The 

Department of State believes the 

combined effect of all rules to be 

published moving commodities from 

the USML to the EAR as part of the 

Administration’s Export Control Reform 

would decrease the number of license 

applications by approximately 30,000 

annually. The Department of State is 

looking for comments on the potential 

reduction in burden. 

List of Subjects in Parts 120, 121, and 

123 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 120, 121, and 123 are proposed 

to be amended as follows: 

PART 120—PURPOSE AND 

DEFINITIONS 

■ 1. The authority citation for part 120 

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. 2794; E.O. 11958, 42 FR 

4311; E.O. 13284, 68 FR 4075; 3 CFR, 1977 

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

261, 112 Stat. 1920; Pub. L. 111–266. 

■ 2. Section 120.29 is revised to read as 

follows: 

§ 120.29 Missile Technology Control 

Regime. 

(a) For purposes of this subchapter, 

Missile Technology Control Regime 

(MTCR) means the policy statement 

between the United States, the United 

Kingdom, the Federal Republic of 

Germany, France, Italy, Canada, and 

Japan, announced on April 16, 1987, to 

restrict sensitive missile-relevant 

transfers based on the MTCR Annex, 

and any amendments thereto. 

(b) The term MTCR Annex means the 

MTCR Guidelines and the Equipment, 

Software and Technology Annex of the 

MTCR, and any amendments thereto. 

(c) MTCR Annex items enumerated on 

the U.S. Munitions List shall be 

annotated by the parenthetical ‘‘(MT)’’ 

at the end of each applicable paragraph. 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 3. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

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

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

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

261, 112 Stat. 1920. 

■ 4. Section 121.1 is amended by 

revising paragraph (c) and U.S. 

Munitions List Category IV, as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

(c) Missile Technology Control Regime 

(MTCR) Annex. The parenthetical 

‘‘(MT)’’ indicates those defense articles 

that are on the MTCR Annex. See 

§ 120.29 of this subchapter. 

* * * * * 

Category IV—Launch Vehicles, Guided 

Missiles, Ballistic Missiles, Rockets, 

Torpedoes, Bombs, and Mines 

*(a) Rockets, space launch vehicles 

(SLVs), missiles, bombs, torpedoes, 

depth charges, mines, and grenades, as 

follows: 

(1) Rockets, SLVs, and missiles 

capable of delivering at least a 500 kg 

payload to a range of at least 300 km 

(MT); 

(2) Rockets, SLVs, and missiles 

capable of delivering less than a 500 kg 

payload to a range of at least 300 km 

(MT); 

(3) Man-portable air defense systems 

(MANPADS); 

(4) Anti-tank missiles and rockets; 

(5) Rockets, SLVs, and missiles not 

meeting the criteria of paragraphs (a)(1) 

through (a)(4) of this category; 

(6) Bombs; 

(7) Torpedoes; 

(8) Depth charges; 


sroberts on DSK5SPTVN1PROD with 
6768 Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules 

(9) Anti-personnel, anti-vehicle, or 

anti-armor land mines (e.g., area denial 

devices); 

(10) Anti-helicopter mines; 

(11) Naval mines; or 

(12) Fragmentation and high 

explosive hand grenades. 

Note 1 to paragraph (a): ‘‘Range’’ is the 

maximum distance that the specified rocket 

system is capable of traveling in the mode of 

stable flight as measured by the projection of 

its trajectory over the surface of the Earth. 

The maximum capability based on the design 

characteristics of the system, when fully 

loaded with fuel or propellant, will be taken 

into consideration in determining range. The 

range for rocket systems will be determined 

independently of any external factors such as 

operational restrictions, limitations imposed 

by telemetry, data links, or other external 

constraints. For rocket systems, the range 

will be determined using the trajectory that 

maximizes range, assuming International 

Civil Aviation Organization (ICAO) standard 

atmosphere with zero wind. 

Note 2 to paragraph (a): ‘‘Payload’’ is the 

total mass that can be carried or delivered by 

the specified rocket, SLV, or missile that is 

not used to maintain flight. 

Note 3 to paragraph (a): This paragraph 

does not control model and high power 

rockets (as defined in National Fire 

Protection Association Code 1122) and kits 

thereof made of paper, wood, fiberglass, or 

plastic containing no substantial metal parts 

and designed to be flown with hobby rocket 

motors that are certified for consumer use. 

Such rockets must not contain active controls 

(e.g., RF or GPS). 

Note 4 to paragraph (a): ’’Mine’’ means a 

munition placed under, on or near the 

ground or other surface area and designed to 

be exploded by the presence, proximity or 

contact of a person or vehicle. 

*(b) Launchers for rockets, SLVs, and 

missiles, as follows: 

(1) Fixed launch sites and mobile 

launcher mechanisms for any system 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category (e.g., launch 

tables, TOW missile, MANPADS) (MT); 

or 

(2) Fixed launch sites and mobile 

launcher mechanisms for any system 

enumerated in paragraphs (a)(3) through 

(a)(5) of this category (e.g., launch 

tables, TOW missile, MANPADS). 

Note 1 to paragraph (b): Launcher 

mechanisms for use on aircraft are controlled 

in Category VIII(h). 

Note 2 to paragraph (b): Launcher 

mechanisms which have been integrated onto 

a vessel, ground vehicle, or aircraft are 

controlled in USML Categories VI, VII, and 

VIII, respectively. 

Note 3 to paragraph (b): This paragraph 

does not control parts and accessories (e.g., 

igniters, launch stands) ‘‘specially designed’’ 

for consumer use with model and high power 

rockets (as defined in National Fire 

Protection Association Code 1122) and kits 

thereof made of paper, wood, fiberglass, or 

plastic containing no substantial metal parts 

and designed to be flown with hobby rocket 

motors that are certified for consumer use. 

(c) Apparatus and devices ‘‘specially 

designed’’ for the handling, control, 

activation, monitoring, detection, 

protection, discharge, or detonation of 

the articles enumerated in paragraphs 

(a) and (b) of this category (MT for those 

systems enumerated in paragraphs 

(a)(1), (a)(2), and (b)(1) of this category). 

Note to paragraph (c): This paragraph 

includes specialized handling equipment 

(transporters, cranes, and lifts) ‘‘specially 

designed’’ to handle articles enumerated in 

paragraphs (a) and (b) of this category for 

preparation and launch from fixed and 

mobile sites. The equipment in this 

paragraph also includes ‘‘specially designed’’ 

robots, robot controllers, and robot endeffectors, and liquid propellant tanks 

‘‘specially designed’’ for the storage or 

handling of the propellants controlled in 

USML Category V, CCL ECCNs 1C011, 

1C111, and 1C608, or other liquid 

propellants used in the systems enumerated 

in paragraphs (a)(1), (a)(2), or (a)(5) of this 

category. 

*(d) Rocket, SLV and missile power 

plants, as follows: 

(1) Except as enumerated in 

paragraphs (d)(2) or (d)(3) of this 

category, individual rocket stages for the 

articles enumerated in paragraphs (a)(1), 

(a)(2), or (a)(5) of this category (MT for 

those stages usable in systems 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category); 

(2) Solid propellant rocket motors, 

hybrid or gel rocket motors, or liquid 

propellant rocket engines having a total 

impulse capacity equal to or greater 

than 1.1 × 106 N·s (MT); 

(3) Solid propellant rocket motors, 

hybrid or gel rocket motors, or liquid 

propellant rocket engines having a total 

impulse capacity equal to or greater 

than 8.41 × 105 N·s, but less than 1.1 × 

106 N·s (MT); 

(4) Combined cycle, pulsejet, ramjet, 

or scramjet engines (MT); 

(5) Air-breathing engines that operate 

above Mach 4 not enumerated in 

paragraph (d)(4) of this category; 

(6) Pressure gain combustion-based 

propulsion systems not enumerated in 

paragraphs (d)(4) and (d)(5) of this 

category; or 

(7) Rocket, SLV, and missile engines 

and motors, not otherwise enumerated 

in paragraphs (d)(1) through (d)(6) of 

this category, USML Category XIX, or 

CCL ECCN 9A619. 

Note to paragraph (d): This paragraph does 

not control model and high power rocket 

motors, containing no more than 5 pounds of 

propellant, that are certified for U.S. 

consumer use as described in National Fire 

Protection Association Code 1125. 

(e) [Reserved] 

(f) [Reserved] 

*(g) Non-nuclear warheads for 

rockets, bombs, and missiles (e.g., 

explosive, kinetic, EMP, thermobaric, 

shape charge, and fuel air explosive 

(FAE)). 

(h) Systems, subsystems, parts, 

components, accessories, attachments, 

or associated equipment, as follows: 

(1) Flight control and guidance 

systems (including ‘‘guidance sets’’) 

‘‘specially designed’’ for articles 

enumerated in paragraph (a) of this 

category (MT for those articles 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category); 

Note to paragraph (h)(1): A ‘‘guidance set’’ 

integrates the process of measuring and 

computing a vehicle’s position and velocity 

(i.e., navigation) with that of computing and 

sending commands to the vehicle’s flight 

control systems to correct the trajectory. 

(2) Seeker systems ‘‘specially 

designed’’ for articles enumerated in 

paragraph (a) of this category (e.g., 

radiofrequency, infrared) (MT for 

articles enumerated in paragraphs (a)(1) 

and (a)(2) of this category); 

(3) Kinetic kill vehicles and ‘‘specially 

designed’’ parts and components 

therefor; 

(4) Missile or rocket thrust vector 

control systems (MT for those thrust 

vector control systems usable in articles 

enumerated in paragraph (a)(1) of this 

category); 

(5) MANPADS grip stocks and 

‘‘specially designed’’ parts and 

components therefor; 

(6) Rocket or missile nozzles and 

nozzle throats, and ‘‘specially designed’’ 

parts and components therefor (MT for 

those nozzles and nozzle throats usable 

in systems enumerated in paragraphs 

(a)(1) and (a)(2) of this category); 

(7) Nose tips, nose fairings, or 

aerospikes, and ‘‘specially designed’’ 

parts and components therefor (MT for 

those articles enumerated in paragraphs 

(a)(1) and (a)(2) of this category); 

(8) Re-entry vehicle or warhead heat 

shields (MT for those re-entry vehicles 

and heat shields usable in systems 

enumerated in paragraph (a)(1) of this 

category); 

(9) Missile and rocket safing, arming, 

fuzing, and firing (SAFF) components 

(to include target detection and 

proximity sensing devices) and 

‘‘specially designed’’ parts therefor (MT 

for those safing, arming, fuzing, and 

firing (SAFF) components usable in 

systems enumerated in paragraph (a)(1) 

of this category); 


sroberts on DSK5SPTVN1PROD with 
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules 6769 

(10) Self-destruct systems ‘‘specially 

designed’’ for articles enumerated in 

paragraph (a) of this category (MT for 

those articles enumerated in paragraphs 

(a)(1) and (a)(2) of this category); 

(11) Separation mechanisms, staging 

mechanisms, and interstages useable for 

articles enumerated in paragraph (a) of 

this category and ‘‘specially designed’’ 

parts and components therefor (MT for 

those separation mechanisms, staging 

mechanisms, and interstages usable in 

systems enumerated in paragraph (a)(1) 

of this category); 

(12) Post-boost vehicles (PBV) (MT); 

(13) engine or motor mounts 

‘‘specially designed’’ for articles 

enumerated in paragraphs (a) and (b) of 

this category (MT for those articles 

enumerated in paragraphs (a)(1), (a)(2), 

and (b)(1) of this category); 

(14) Combustion chambers ‘‘specially 

designed’’ for articles enumerated in 

paragraphs (a) and (d) of this category 

and ‘‘specially designed’’ parts and 

components therefor (MT for those 

articles enumerated in paragraphs (a)(1), 

(a)(2), (b)(1), and (d)(1) through (d)(5) of 

this category); 

(15) Injectors ‘‘specially designed’’ for 

articles controlled in this category (MT 

for those injectors ‘‘specially designed’’ 

which are usable in systems enumerated 

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

(16) Solid rocket motor or liquid 

engine igniters; 

(17) Re-entry vehicles and ‘‘specially 

designed’’ parts and components 

therefor not elsewhere specified in this 

category (MT); 

Note to paragraph (h)(17): This paragraph 

does not control spacecraft. For controls on 

spacecraft, see USML Category XV or CCL 

ECCN 9A515. 

(18) ‘‘Specially designed’’ parts and 

components for articles controlled in 

paragraph (g) not elsewhere specified in 

this category; 

(19) Penetration aids and ‘‘specially 

designed’’ parts and components 

therefor (e.g., physical or electronic 

countermeasure suites, re-entry vehicle 

replicas or decoys, or submunitions); 

(20) Rocket motor cases and 

‘‘specially designed’’ parts and 

components therefor (e.g., flanges, 

flange seals, end domes) (MT for those 

rocket motor cases usable in systems 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category and for ‘‘specially 

designed’’ parts and components for 

hybrid rocket motors enumerated in 

paragraphs (d)(2) and (d)(3) of this 

category); 

(21) Solid rocket motor liners and 

rocket motor insulation (MT for those 

solid rocket motor liners usable in 

systems enumerated in paragraph (a)(1) 

of this category or ‘‘specially designed’’ 

for systems enumerated in paragraph 

(a)(2) of this category; and rocket motor 

insulation usable in systems 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category); 

(22) Radomes, sensor windows, and 

antenna windows ‘‘specially designed’’ 

for articles enumerated in paragraph (a) 

of this category (MT for those radomes 

usable in systems enumerated in 

paragraph (a)(1) of this category and for 

any radomes, sensor windows, or 

antenna windows manufactured as 

composite structures or laminates 

‘‘specially designed’’ for use in the 

systems and components enumerated in 

paragraphs (a)(1), (a)(2), (d)(1), (h)(8), 

(h)(9), (h)(17), or (h)(25) of this 

category); 

(23) Payload fairings; 

(24) Rocket and missile launch 

canisters (MT for those rocket and 

missile launch canisters designed or 

modified for systems enumerated in 

paragraphs (a)(1) and (a)(2) of this 

category; 

(25) Fuzes ‘‘specially designed’’ for 

articles enumerated in paragraph (a) of 

this category (e.g., proximity, contact, 

electronic, dispenser proximity, 

airburst, variable time delay, or multioption) (MT for those fuzes usable in 

systems enumerated in paragraph (a)(1) 

of this category); 

(26) Rocket and missile liquid 

propellant tanks (MT for those rocket 

and missile liquid propellant tanks 

usable in systems enumerated in 

paragraph (a)(1) of this category); 

(27) Rocket and missile altimeters 

‘‘specially designed’’ for use in articles 

enumerated in paragraph (a)(1) of this 

category (MT); 

(28) Hydraulic, mechanical, electrooptical, or electromechanical flight 

control systems (including fly-by-wire 

systems) and attitude control equipment 

‘‘specially designed’’ for use in the 

rockets or missiles enumerated in 

paragraph (a)(1) of this category (MT for 

these systems which have been 

designed or modified for those 

enumerated in paragraph (a)(1) of this 

category); or 

*(29) Any part, component, accessory, 

attachment, equipment, or system that 

(MT for those articles designated as 

such): 

(i) Is classified; 

(ii) Contains classified software; or 

(iii) Is being developed using 

classified information. 

‘‘Classified’’ means classified 

pursuant to Executive Order 13526, or 

predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the 

corresponding classification rules of 

another government or 

intergovernmental organization. 

(i) Technical data (see § 120.10 of this 

subchapter) and defense services (see 

§ 120.9 of this subchapter) directly 

related to the defense articles 

enumerated in paragraphs (a) through 

(h) of this category and classified 

technical data directly to items 

controlled in CCL ECCN 0x604 and 

defense services using the classified 

technical data. (See § 125.4 of this 

subchapter for exemptions.) (MT for 

technical data and defense services 

related to articles designated as such.) 

■ 5. Section 121.2 is revised to read as 

follows: 

§ 121.2 Interpretations of the U.S. 

Munitions List. 

The following interpretations explain 

and amplify the terms used in § 121.1 of 

this subchapter. These interpretations 

have the same force as if they were a 

part of the U.S. Munitions List category 

to which they refer. 

■ 6. Section 121.5 is removed and 

reserved, as follows: 

§ 121.5 [Reserved] 

■ 7. Section 121.11 is removed and 

reserved, as follows: 

§ 121.11 [Reserved] 

■ 8. Section 121.16 is removed and 

reserved, as follows: 

§ 121.16 [Reserved] 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

■ 9. The authority citation for part 123 

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. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec 1205(a), Pub. L. 107–228. 

■ 10. Section 123.12 is revised to read 

as follows: 

§ 123.12 Shipments between U.S. 

possessions. 

An export license is not required for 

the shipment of defense articles 

between the United States, the 

Commonwealth of Puerto Rico, and U.S. 

possessions provided the shipment does 

not transit a foreign country (see 

§ 123.13 of this subchapter). A license is 

required, however, for the export of 

defense articles from these areas to 

foreign countries. 

Dated: January 22, 2013. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–01901 Filed 1–30–13; 8:45 am] 

BILLING CODE 4710–25–P 


sroberts on DSK5SPTVN1PROD with