Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 29575 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2))of the 

EAR may not be used for any ‘‘software’’ 

in 0D617. 

List of Items Controlled 

Unit: $ value 

Related Controls: ‘‘Software’’ directly 

related to articles controlled by USML 

Category XIII is subject to the control of 

USML paragraph XIII(l). 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraph .y of this entry) 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation or maintenance of 

commodities controlled by ECCNs 

0A617 (except 0A617.y), 0B617 (except 

0B617.y), or 0C617 (except 0C617.y). 

b. to x. [RESERVED]. 

y. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ or operation or 

maintenance of commodities controlled 

by ECCN 0A617, 0B617 or 0C617, as 

follows: 

y.1. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ operation or 

maintenance of commodities controlled 

by ECCN 0A617.y, 0B617.y or 0C617.y. 

y.2 through y.98 [RESERVED]. 

y.99. Software not identified on the 

CCL that (i) has been determined, in an 

applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 0D617. 

12. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items]— 

ECCN 0E018 is amended by adding a 

note at the end of the entry to read as 

follows: 

0E018 ‘‘Technology’’ for the 

‘‘Development,’’ ‘‘Production,’’ or 

‘‘Use’’ of Items Controlled by 0A018 

* * * * * 

Note: This ECCN no longer controls 

‘‘technology’’ for items formerly 

controlled by 0A018.a. See ECCN 

0A617.a for items formerly controlled 

by 0A018.a and see the ‘‘technology’’ 

controls for those items in ECCN 

0E617.a. 

13. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items] 

add a new ECCN 0E617 between ECCNs 

0E018 and 0E982 to read as follows: 

0E617 ‘‘Technology’’ ‘‘Required’’ for 

the ‘‘Development,’’ ‘‘Production,’’ 

Operation, Installation, Maintenance, 

Repair, Overhaul or Refurbishing of 

Commodities Controlled by 0A617, 

‘‘Equipment’’ Controlled by 0B617, 

Materials Controlled by 0C617, or 

‘‘Software’’ Controlled by 0D617 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire entry except 0E617.y ....................................................................................................................................... NS Column 1. 

RS applies to entire entry except 0E617.y ....................................................................................................................................... RS Column 1. 

AT applies to entire entry ................................................................................................................................................................. AT Column 1. 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License 

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

EAR may not be used for any technology 

in 0E617. 

List of Items Controlled 

Unit: $ value 

Related Controls: Technical data 

directly related to articles controlled by 

USML Category XIII are subject to the 

control of USML paragraph XIII(l). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ (other than 

‘‘technology’’ controlled by paragraph .y 

of this entry) ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities or ‘‘software’’ controlled 

by ECCN 0A617 (except 0A617.y), 

0B617 (except 0B617.y), 0C617 (except 

0C617.y), or 0D617 (except 0D617.y). 

b. through x. [RESERVED]. 

y. Specific ‘‘technology’’ ‘‘required’’ 

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

operation, installation, maintenance, 

repair, or overhaul of items controlled 

by ECCN 0A617, 0B617, 0C617 or 

0D617, as follows: 

y.1. Specific ‘‘technology’’ ‘‘required’’ 

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

operation, installation, maintenance, 

repair or overhaul of items controlled by 

ECCN 0A617.y, 0B617.y, 0C617.y or 

0D617.y. 

y.2. through y.98 [RESERVED]. 

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

the CCL that (i) has been determined, in 

an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State, to be subject to the 

EAR and (ii) would otherwise be 

controlled elsewhere in ECCN 0E617. 

Dated: May 14, 2012. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2012–12124 Filed 5–17–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

RIN 1400–AD13 

[Public Notice 7883] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XIII 

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 

XIII (materials and miscellaneous 

articles) of the U.S. Munitions List 

(USML) to describe more precisely the 

materials warranting control on the 

USML. 

DATES: The Department of State will 

accept comments on this proposed rule 

until July 2, 2012. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 


srobinson on DSK4SPTVN1PROD with PROPOSALS
29576 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 

subject line, ‘‘ITAR Amendment— 

Category XIII.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD13). 

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, Acting Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category XIII. 

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. 

Export Control Reform Update 

The Departments of State and 

Commerce described in their respective 

Advanced Notices of Proposed 

Rulemaking (ANPRM) in December 

2010 the Administration’s plan to make 

the USML and the CCL positive, tiered, 

and aligned so that eventually they can 

be combined into a single control list 

(see ‘‘Commerce Control List: Revising 

Descriptions of Items and Foreign 

Availability,’’ 75 FR 76664 (December 9, 

2010) and ‘‘Revision to the United 

States Munitions List,’’ 75 FR 76935 

(December 10, 2010)). The notices also 

called for the establishment of a ‘‘bright 

line’’ between the USML and the CCL to 

reduce government and industry 

uncertainty regarding export 

jurisdiction by clarifying whether 

particular items are subject to the 

jurisdiction of the ITAR or the EAR. 

While these remain the 

Administration’s ultimate Export 

Control Reform objectives, their 

concurrent implementation would be 

problematic in the near term. In order to 

more quickly reach the national security 

objectives of greater interoperability 

with 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 

lists now and afterward return to 

structural changes. 

Revision of Category XIII 

This proposed rule revises USML 

Category XIII, re-titled ‘‘Materials and 

Miscellaneous Articles,’’ 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 

such articles. 

Paragraph (a) is removed and placed 

in reserve; the articles currently 

controlled there (i.e., cameras and 

specialized processing equipment) are 

to be controlled in revised Category XII 

or the CCL, which will be the subject of 

a separate notice. Photointerpretation, 

stereoscopic plotting, and 

photogrammetry equipment ‘‘specially 

designed’’ for military use will be 

controlled under ECCN 0A617.e. 

Paragraph (c) is removed and placed in 

reserve; the articles currently controlled 

there (i.e., self-contained diving and 

underwater breathing apparatus) are to 

be controlled in ECCN 8A620.f. 

Paragraphs (d), (e), (g), and (h) are 

reorganized and expanded to better 

describe the articles controlled therein. 

Paragraph (f) is re-designated to cover 

articles that are classified. The articles 

in the current paragraph (f) (i.e., 

structural materials) are to be controlled 

in proposed CCL ECCN 0C617 and in 

revised USML Categories VII, VIII, and 

XIII. Paragraph (i) is re-designated to 

control signature reduction software, 

with embrittling agents (currently 

controlled in paragraph (i)) moving to 

the CCL under ECCN 0A617.f. 

Paragraph (m) is amended to reflect the 

revisions made throughout this 

category. 

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 

future proposed rule will address the 

sections in the ITAR that include MTCR 

definitions. 

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. Two 

proposed definitions have been 

published to date. 

The Department first provided a draft 

definition for ‘‘specially designed’’ in 

the December 2010 ANPRM (75 FR 

76935) and noted the term would be 

used minimally in the USML, and then 

only to remain consistent with the 

Wassenaar Arrangement or other 

multilateral regime obligation or when 

no other reasonable option exists to 


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Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 29577 

describe the control without using the 

term. The draft definition provided at 

that time is as follows: ‘‘For the 

purposes of this Subchapter, the term 

‘specially designed’ means that the enditem, equipment, accessory, attachment, 

system, component, or part (see ITAR 

§ 121.8) has properties that (i) 

distinguish it for certain predetermined 

purposes, (ii) are directly related to the 

functioning of a defense article, and (iii) 

are used exclusively or predominantly 

in or with a defense article identified on 

the USML.’’ 

The Department of Commerce 

subsequently published on July 15, 

2011, for public comment, the 

Administration’s proposed definition of 

‘‘specially designed’’ that would be 

common to the CCL and the USML. The 

public provided more than 40 

comments on that proposed definition 

on or before the September 13 deadline 

for comments. The Departments of 

State, Commerce, and Defense are now 

reviewing those comments and related 

issues, and the Departments of State and 

Commerce plan to publish for public 

comment another proposed rule on a 

definition of ‘‘specially designed’’ that 

would be common to the USML and the 

CCL. In the interim, and for the purpose 

of evaluation of this proposed rule, 

reviewers should use the definition 

provided in the December ANPRM. 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some solutions have been 

adopted that were determined to be the 

best of available options. With the 

thought that multiple perspectives 

would be beneficial to the USML 

revision process, the Department 

welcomes the assistance of users of the 

lists and requests input on the 

following: 

(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all the items that meet 

Wassenaar Arrangement commitments 

embodied in Munitions List Category 1 

(WA–ML17). To that end, the public is 

asked to identify any potential lack of 

coverage brought about by the proposed 

rules for Category XIII contained in this 

notice and the new Category 0 ECCNs 

published separately by the Department 

of Commerce when reviewed together. 

(2) The key goal of this rulemaking is 

to establish a ‘‘bright line’’ between the 

USML and the CCL for the control of 

these materials. The public is asked to 

provide specific examples of materials 

and miscellaneous articles whose 

jurisdiction would be in doubt based on 

this revision. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act (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 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 Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the proposed rule to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

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

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal law. 

Accordingly, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

This proposed amendment does not 

impose any new reporting or 

recordkeeping requirements subject to 

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

Chapter 35. 

List of Subjects in Part 121 

Arms and munitions, Exports. 

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, 


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29578 Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 

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

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

261, 112 Stat. 1920. 

2. Section 121.1 is amended by 

revising U.S. Munitions List Category 

XIII to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category XIII—Materials and 

Miscellaneous Articles 

(a) [Reserved] 

(b) Information security/information 

assurance systems and equipment, 

cryptographic devices, software, and 

components ‘‘specially designed’’ for 

military applications (e.g., command, 

control and, communications (C3), and 

government intelligence applications), 

as follows: 

(1) Military cryptographic (including 

key management) systems, equipment 

assemblies, modules, integrated circuits, 

components, and software (e.g., 

cryptographic interfaces) capable of 

maintaining secrecy or confidentiality of 

information or information systems, 

including equipment and software for 

tracking, telemetry, and control (TT&C) 

encryption and decryption; 

(2) Military cryptographic (including 

key management) systems, equipment, 

assemblies, modules, integrated circuits, 

components, and software (e.g., 

cryptographic interfaces) capable of 

generating spreading or hopping codes 

for spread spectrum systems or 

equipment; 

(3) Military cryptanalytic systems, 

equipment, assemblies, modules, 

integrated circuits, components and 

software; 

(4) Military systems, equipment, 

assemblies, modules, integrated circuits, 

components, and software that provide 

certified or certifiable multi-level 

security, user isolation, or control of the 

exchange of or access to information 

between or among systems operating at 

different classification levels, and 

software to certify such systems, 

equipment, or software; or 

(5) Ancillary equipment ‘‘specially 

designed’’ for the articles in paragraphs 

(b)(1)–(b)(4) of this category. 

(c) [Reserved] 

(d) Ablative materials, as follows 

(MT): 

*(1) Ablative materials fabricated or 

semi-fabricated from advanced 

composites (e.g., silica, graphite, carbon, 

carbon/carbon, and boron filaments) 

‘‘specially designed’’ for the articles in 

Category IV; or 

(2) Carbon/carbon billets and 

preforms which are reinforced with 

continuous unidirectional fibers, tows, 

tapes, or woven cloths in three or more 

dimensional planes. 

Note to paragraph (d)(2): This does not 

control carbon/carbon billets and preforms 

where reinforcement in the third dimension 

is limited to interlocking of adjacent layers 

only. 

(e) Armor (e.g., organic, ceramic, 

metallic), active armor or reactive 

armor, and armor materials, as follows: 

(1) Developmental armor developed 

under a contract with the U.S. 

Department of Defense; 

(2) Spaced armor with Em greater than 

1.4 and meeting NIJ Level III or better; 

(3) Transparent armor having Em

greater than or equal to 1.3 or having Em

less than 1.3 and meeting NIJ Level III 

standards with areal density less than or 

equal to 40 pounds per square foot; 

(4) Transparent ceramic plate greater 

than 1⁄4 inch-thick and larger than 8 

inches x 8 inches, excluding glass, for 

transparent armor; 

(5) Non-transparent ceramic plate or 

blanks, greater than 1⁄4 inches thick and 

larger than 8 inches x 8 inches for 

transparent armor. This includes spinel 

and aluminum oxynitride (ALON); 

(6) Composite armor with Em greater 

than 1.4 and meeting NIJ Level III or 

better; or 

(7) Metal Laminate Armor with Em

greater than 1.4 and meeting NIJ Level 

III or better. 

(f) Any material that: 

(1) Is classified; 

(2) Is manufactured using classified 

production data; or 

(3) 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. 

(g) Concealment and deception 

equipment, as follows (MT): 

*(1) Polymers loaded with carbonyl 

iron powder, ferrites, iron whiskers, 

fibers, flakes, or other magnetic 

additives having a surface resistivity of 

less than 5000 ohms/square and 

isotropy of less than 5%; 

(2) Multi-layer camouflage systems 

‘‘specially designed’’ to reduce 

detection of platforms or equipment in 

the infrared or ultraviolet frequency 

spectrums; 

*(3) High temperature (greater than 

300 deg F operation) ceramic or 

magnetic radar absorbing material 

(RAM) ‘‘specially designed’’ for use on 

defense articles or military items subject 

to the EAR; or 

*(4) Broadband (greater than 30% 

bandwidth) lightweight (less than 2 lbs/ 

sq ft) magnetic radar absorbing material 

(RAM) ‘‘specially designed’’ for use on 

defense articles or military items subject 

to the EAR. 

(h) Energy conversion devices, as 

follows: 

(1) Fuel cells ‘‘specially designed’’ for 

platforms or soldier systems specified in 

this subchapter; 

(2) Thermal engines ‘‘specially 

designed’’ for platforms or soldier 

systems specified in this subchapter; 

(3) Thermal batteries (MT); or 

(4) Thermionic generators. 

(i) Signature reduction software, 

technical data, and services, as follows 

(MT): 

*(1) Software associated with the 

measurement or modification of system 

signatures; 

*(2) Software for design of lowobservable platforms; 

*(3) Software for design, analysis, 

prediction, or optimization of signature 

management solutions; 

*(4) Radar cross section or infrared 

signature measurement or prediction 

software; 

*(5) Signature management 

techniques, codes, and algorithms; 

*(6) Signature control design 

methodology; 

*(7) Processes that use microencapsulation or micro-spheres to 

reduce infrared, radar, or visual 

detection of platforms or equipment; 

*(8) Multi-layer camouflage system 

techniques to reduce detection of 

platforms or equipment; 

*(9) Multi-spectral surface treatment 

techniques to modify infrared, visual or 

radio frequency signatures of platforms 

or equipment; 

*(10) Shaping, active, or passive 

techniques to modify platform or 

equipment visual, electro-optical, 

radiofrequency, electric, magnetic, 

electromagnetic, or wake signatures 

(e.g., low probability of intercept (LPI) 

techniques, methods or applications); or 

*(11) Shaping, active, or passive 

techniques to modify defense articles’ 

acoustic signatures. 

*(j) Equipment, materials, coatings, 

and treatments not elsewhere specified, 

as follows: 

(1) Laser eye-safe media including 

narrow band dyes/coatings and wide 

band non-linear optical material 

‘‘specially designed’’ for goggles, 

spectacles, or visors that provide narrow 

band filtering or broad band limiting 

with optical density greater than 3 that 

protect against: 

(i) Visible (in-band) wavelengths; 

(ii) Thermal flashes associated with 

nuclear detonations; or 

(iii) Near Infrared or Ultra Violet (outof-band) wavelengths. 


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Federal Register / Vol. 77, No. 97 / Friday, May 18, 2012 / Proposed Rules 29579 

Note: See Category X(a)(7). 

(2) Specially treated or formulated 

dyes, coatings, and fabrics used in the 

design, manufacture, or production of 

personnel protective clothing, 

equipment, or face paints designed to 

protect against or reduce detection by 

radar, infrared, or other sensors at 

wavelengths greater than 900 

nanometers. 

Note: See Category X(a)(2). 

(3) Equipment, materials, coatings, 

and treatments that are ‘‘specially 

designed’’ to modify the electro-optical, 

radiofrequency, infrared, electric, laser, 

magnetic, electromagnetic, acoustic, 

electro-static, or wake signatures of 

defense articles or military items subject 

to the EAR through control of 

absorption, reflection, or emission. 

(k) Tooling and equipment, as 

follows: 

(1) Tooling and equipment ‘‘specially 

designed’’ for production of low 

observable (LO) components; or 

(2) Portable platform signature field 

repair validation equipment (e.g., 

portable optical interrogator that 

validates integrity of a repair to a 

signature reduction structure). 

(l) 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 (h), (j), and (k) of 

this category. (See also § 123.20 of this 

subchapter.) (MT for technical data and 

defense services related to articles 

designated as such.) 

(m) The following interpretations 

explain and amplify terms used in this 

category and elsewhere in this 

subchapter: 

(1) Composite armor is defined as 

having more than one layer of different 

materials or a matrix. 

(2) Spaced armors are metallic or nonmetallic armors that incorporate an air 

space or obliquity or discontinuous 

material path effects as part of the defeat 

mechanism. 

(3) Reactive armor employs 

explosives, propellants, or other 

materials between plates for the purpose 

of enhancing plate motion during a 

ballistic event or otherwise defeating the 

penetrator. 

(4) Electromagnetic armor (EMA) 

employs electricity to defeat threats 

such as shaped charges. 

(5) Materials used in composite armor 

could include layers of metals, plastics, 

elastomers, fibers, glass, ceramics, 

ceramic-glass reinforced plastic 

laminates, encapsulated ceramics in a 

metallic or non-metallic matrix, 

functionally gradient ceramic-metal 

materials, or ceramic balls in a cast 

metal matrix. 

(6) For this Category, a material is 

considered transparent if it allows 75% 

or greater transmission of light in the 

visible spectrum through a 1 mm thick 

nominal sample. 

(7) The material controlled in 

paragraph (e)(3) of this category has not 

been treated to reach the 75% 

transmission level referenced in (m)(6) 

of this category. 

(8) Metal laminate armors are two or 

more layers of metallic materials which 

are mechanically or adhesively bonded 

together to form an armor system. 

(9) Em is the line-of-sight target mass 

effectiveness ratio and provides a 

measure of the tested armor’s 

performance to that of rolled 

homogenous armor, where Em is defined 

as follows: 

Where: 

rRHA = density of RHA, (7.85 g/cm3) 

Po = Baseline Penetration of RHA, (mm) 

Pr = Residual Line of Sight Penetration, 

either positive or negative (mm RHA 

equivalent) 

ADTARGET = Line-of-Sight Areal Density of 

Target (kg/m2) 

(10) NIJ is the National Institute of 

Justice and Level III refers to the 

requirements specified in NIJ standard 

0108.01 Ballistic Resistant Protective 

Materials. 

* * * * * 

Dated: May 10, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Acting Under 

Secretary, Arms Control and International 

Security, Department of State. 

[FR Doc. 2012–12123 Filed 5–17–12; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF JUSTICE 

28 CFR Part 90 

[OVW Docket No. 110] 

RIN 1105–AB40 

Removing Unnecessary Office on 

Violence Against Women Regulations 

AGENCY: Office on Violence Against 

Women, Justice. 

ACTION: Proposed rule. 

SUMMARY: This rule proposes to remove 

the regulations for the STOP Violence 

Against Indian Women Discretionary 

Grant Program, because the Program no 

longer exists, and the Grants to Combat 

Violent Crimes Against Women on 

Campuses Program, because the 

regulations are no longer required and 

are unnecessary. 

DATES: Written comments must be 

postmarked and electronic comments 

must be submitted on or before July 17, 

2012. Comments received by mail will 

be considered timely if they are 

postmarked on or before that date. The 

electronic Federal Docket Management 

System (FDMS) will accept comments 

until Midnight Eastern Time at the end 

of that day. 

ADDRESSES: To ensure proper handling 

of comments, please reference ‘‘Docket 

No. OVW 110’’ on all electronic and 

written correspondence. The 

Department encourages the electronic 

submission of all comments through 

http://www.regulations.gov using the 

electronic comment form provided on 

that site. For easy reference, an 

electronic copy of this document is also 

available at the http://www.regulations.

gov Web site. It is not necessary to 

submit paper comments that duplicate 

the electronic submission, as all 

comments submitted to http://www.

regulations.gov will be posted for public 

review and are part of the official docket 

record. However, should you wish to 

submit written comments through 

regular or express mail, they should be 

sent to Kathi Grasso, Office on Violence 

Against Women, United States 

Department of Justice, 145 N Street NE., 

Suite 10W.121, Washington, DC 20530. 

FOR FURTHER INFORMATION CONTACT: 

Kathi Grasso, Office on Violence 

Against Women (OVW), United States 

Department of Justice, 145 N Street NE., 

Suite 10W.121, Washington, DC 20530 

at kathi.grasso2@usdoj.gov or (202) 305– 

9098. 

SUPPLEMENTARY INFORMATION: 

Posting of Public Comments. Please 

note that all comments received are 

considered part of the public record and 

made available for public inspection 

online at http://www.regulations.gov. 

Such information includes personal 

identifying information (such as your 

name and address) voluntarily 

submitted by the commenter. 

You are not required to submit 

personal identifying information in 

order to comment on this rule. If you 

want to submit personal identifying 

information (such as your name and 

address) as part of your comment, but 

do not want it posted online, you must 

include the phrase ‘‘PERSONAL 

IDENTIFYING INFORMATION’’ in the 

first paragraph of your comment. You 

also must locate all personal identifying 

information that you do not want posted 

online in the first paragraph of your 


srobinson on DSK4SPTVN1PROD with PROPOSALSEP18MY12.044</GPH>