Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules 35317 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2))of the EAR may not be 

used for any ‘‘software’’ in 0D614. 

List of Items Controlled 

Unit: $ value 

Related Controls: ‘‘Software’’ directly related 

to articles enumerated in USML Category 

IX is subject to the control of USML 

paragraph IX(e). See ECCN 0A919 for 

foreign made ‘‘military commodities’’ that 

incorporate more than 10% U.S.-origin 

‘‘600 series’’ items. 

Related Definitions: N/A 

Items: 

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

controlled in paragraph .y of this entry) 

‘‘specially designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation or maintenance of 

commodities controlled by ECCNs 0A614 

(except 0A614.y) or 0B614 (except 0B614.y). 

b. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

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

operation or maintenance of commodities 

controlled by ECCNs 0A614 or 0B614, as 

follows: 

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

designed’’ for the ‘‘production,’’ 

‘‘development,’’ operation or maintenance of 

commodities controlled by ECCNs 0A614.y 

or 0B614.y. 

y.2 through y.98 [RESERVED] 

y.99. ‘‘Software’’ that would otherwise be 

controlled elsewhere in this entry but that (i) 

has been determined to be subject to the EAR 

in a commodity jurisdiction determination 

issued by the U.S. Department of State and 

(ii) is not otherwise identified elsewhere on 

the CCL. 

7. In Supplement No. 1 to Part 774, 

the Commerce Control List, add, 

between the entries for Export Control 

Classification Numbers 0E018 and 

0E918, a new entry for Export Control 

Classification Number 0E614 to read as 

follows: 

0E614 ‘‘Technology,’’ as follows (See list of 

items controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry except 

0E614.y.

NS Column 1 

RS applies to entire 

entry except 

0E614.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 0E614. 

List of Items Controlled 

Unit: $ value 

Related Controls: ‘‘Technical data’’ directly 

related to articles enumerated in USML 

Category IX is subject to the control of 

USML paragraph IX(e). 

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 

ECCNs 0A614 (except 0A614.y), 0B614 

(except 0B614.y), or 0D614 (except 0D614.y). 

b. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, or overhaul 

of commodities controlled by ECCNs 

0A614.y or 0B614.y, or ‘‘software’’ controlled 

by ECCN 0D614.y, as follows: 

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

the ‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair or overhaul 

of commodities controlled by ECCNs 

0A614.y or 0B614.y or ‘‘software’’ controlled 

by ECCN 0D614.y. 

y.2. through y.98 [RESERVED] 

y.99. ‘‘Technology’’ that would otherwise 

be controlled elsewhere in this entry but that 

(i) has been determined to be subject to the 

EAR in a commodity jurisdiction 

determination issued by the U.S. Department 

of State and (ii) is not otherwise identified 

elsewhere on the CCL. 

Dated: June 6, 2012. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2012–14444 Filed 6–12–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2012–F–0480] 

Gruma Corporation, Spina Bifida 

Association, March of Dimes 

Foundation, American Academy of 

Pediatrics, Royal DSM N.V., and 

National Council of La Raza; Filing of 

Food Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing 

that Gruma Corporation, Spina Bifida 

Association, March of Dimes 

Foundation, American Academy of 

Pediatrics, Royal DSM N.V., and 

National Council of La Raza have jointly 

filed a petition proposing that the food 

additive regulations be amended to 

provide for the safe use of folic acid in 

corn masa flour. 

FOR FURTHER INFORMATION CONTACT: 

Judith Kidwell, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 240–402–1071. 

SUPPLEMENTARY INFORMATION: Under the 

Federal Food, Drug, and Cosmetic Act 

(sec. 409(b)(5) (21 U.S.C. 348(b)(5))), 

notice is given that a food additive 

petition (FAP 2A4796) has been jointly 

filed by Gruma Corporation, Spina 

Bifida Association, March of Dimes 

Foundation, American Academy of 

Pediatrics, Royal DSM N.V., and 

National Council of La Raza, c/o Alston 

& Bird, LLP, 950 F Street NW., 

Washington, DC 20004–1404. The 

petition proposes to amend the food 

additive regulations in § 172.345 Folic 

acid (folacin) (21 CFR 172.345) to 

provide for the safe use of folic acid in 

corn masa flour. 

The Agency has determined under 21 

CFR 25.32(k) that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

Dated: June 7, 2012. 

Dennis M. Keefe, 

Acting Director, Office of Food Additive 

Safety, Center for Food Safety and Applied 

Nutrition. 

[FR Doc. 2012–14263 Filed 6–12–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

RIN 1400–AD15 

[Public Notice 7920] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category IX 

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 IX 

(military training equipment) of the U.S. 

Munitions List (USML) to describe more 

precisely the materials warranting 

control on the USML. The revisions to 

this rule are part of the Department of 

State’s retrospective plan under E.O. 

13563 completed on August 17, 2011. 


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The Department of State’s full plan can 

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

documents/organization/181028.pdf. 

DATES: The Department of State will 

accept comments on this proposed rule 

until July 30, 2012. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCResponseTeam 

@state.gov with the subject line, ‘‘ITAR 

Amendment—Category IX.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD15). 

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, 

Department of State, telephone (202) 

663–2792; email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category IX. 

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 ‘‘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 

lists now and afterward return to 

structural changes. 

Revision of Category IX 

This proposed rule would revise 

USML Category IX, covering military 

training equipment, to further 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. 

The title of the category is changed to 

indicate that it covers training 

equipment only. Training on a defense 

article would be a defense service 

covered under the category in which the 

defense article is enumerated. 

Paragraph (a) is to list all the types of 

training equipment covered in the 

category. 

Paragraph (b) is also revised to more 

specifically describe the items 

(simulators) controlled therein. Radar 

target generators are to be controlled in 

Category XI(a). Infrared scene generators 

are to be controlled in Category XII(c). 

Tooling and production equipment, 

currently controlled in paragraph (c), 

are to be covered on the CCL in 

proposed ECCN 0B614. 

The most significant aspect of this 

more positive, but not yet tiered, 

proposed USML category is that it does 

not contain controls on all generic parts, 

components, accessories, and 

attachments (currently captured in 

paragraph (d)) that are in any way 

specifically designed or modified for a 

defense article, regardless of their 

significance to maintaining a military 

advantage for the United States. These 

items are to be subject to the new 600 

series controls in Category 0 of the CCL, 

to be published separately by the 

Department of Commerce. Parts, 

components, accessories, or attachments 

of a simulator that are common to the 

simulated system or end-item are to be 

controlled under the same USML 

Category or CCL ECCN as the parts, 

components, accessories, and 

attachments of the simulated system or 

end-item. 

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 


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proposed definitions have been 

published to date. 

The Department first provided a draft 

definition for ‘‘specially designed’’ in 

the December 2010 ANPRM (75 FR 

76935) and noted the term would be 

used minimally in the USML, and then 

only to remain consistent with the 

Wassenaar Arrangement or other 

multilateral regime obligation or when 

no other reasonable option exists to 

describe the control without using the 

term. The draft definition provided at 

that time is as follows: ‘‘For the 

purposes of this Subchapter, the term 

‘specially designed’ means that the 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 14 

(WA–ML14). To that end, the public is 

asked to identify any potential lack of 

coverage brought about by the proposed 

rules for Category IX 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 articles. The public is asked to 

provide specific examples of 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 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). 

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 

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 

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 


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35320 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules 

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 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); 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 IX 

to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category IX—Military Training 

Equipment 

(a) Training equipment, as follows: 

(1) Ground, surface, submersible, 

space, or towed airborne targets that: 

(i) Have an infrared, radar, acoustic, 

magnetic, or thermal signature that 

mimic a specific defense article, other 

item, or person; or 

(ii) Are instrumented to provide hit/ 

miss performance information; 

Note to paragraph (a)(1): Target drones are 

controlled in Category VIII(a). 

(2) Devices that are mockups of 

articles enumerated in this subchapter 

used for maintenance training or 

disposal training for ordnance 

enumerated in this subchapter; 

(3) Air combat maneuvering 

instrumentation and ground stations 

therefor; 

(4) Physiological flight trainers for 

fighter aircraft or attack helicopters; 

(5) Radar trainers ‘‘specially 

designed’’ for training on radars 

controlled by Category XI; 

(6) Training devices ‘‘specially 

designed’’ to be attached to a crew 

station, mission system, or weapon of an 

article controlled in this subchapter; 

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

includes stimulators that are built-in or addon devices that cause the actual equipment 

to act as a trainer. 

(7) Anti-submarine warfare trainers; 

(8) Missile launch trainers; 

(9) Any training device that: 

(i) Is classified; 

(ii) Contains classified software; 

(iii) Is manufactured using classified 

production data; or 

(iv) Is being developed using 

classified information. 

‘‘Classified’’ means classified 

pursuant to Executive Order 13526, or 

predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the 

corresponding classification rules of 

another government. 

Note to paragraph (a): Training equipment 

does not include combat games without item 

signatures or tactics, techniques, and 

procedures covered by this subchapter. 

(b) Simulators, as follows: 

(1) System specific simulators that 

replicate the operation of an individual 

crew station, a mission system, or a 

weapon of an end-item that is controlled 

in this subchapter; 

(2) [Reserved] 

(3) [Reserved] 

(4) Software and associated databases 

not elsewhere enumerated in this 

subchapter that can be used to simulate 

the following: 

(i) Trainers specified by this category; 

(ii) Battle management; 

(iii) Military test scenarios/models; or 

(iv) Effects of weapons enumerated in 

this subchapter; 

(5) Simulators that: 

(i) Are classified; 

(ii) Contain classified software; 

(iii) Are manufactured using classified 

production data; or 

(iv) Are 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. 

(c) [Reserved] 

(d) [Reserved] 

(e) 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 (b) of this 

category. 

(f) [Reserved] 

Note: Parts, components, accessories, or 

attachments of a simulator that are common 

to the simulated system or end-item are 

controlled under the same USML Category or 

CCL ECCN as the parts, components, 

accessories, and attachments of the simulated 

system or end-item. 

* * * * * 


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Dated. June 7, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2012–14443 Filed 6–12–12; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2012–0482] 

RIN 1625–AA08 

Special Local Regulations for Marine 

Events, Wrightsville Channel; 

Wrightsville Beach, NC 

ACTION: Notice of Proposed Rulemaking. 

SUMMARY: The Coast Guard proposes a 

Special Local Regulation for the ‘‘Swim 

Harbor Island’’ swim event, to be held 

on the waters adjacent to and 

surrounding Harbor Island in 

Wrightsville Beach, North Carolina. 

This Special Local Regulation is 

necessary to provide for the safety of life 

on navigable waters during the event. 

This action is intended to restrict vessel 

traffic on the Atlantic Intracoastal 

Waterway within 550 yards north and 

south of the U.S. 74/76 Bascule Bridge 

crossing the Atlantic Intracoastal 

Waterway, mile 283.1, at Wrightsville 

Beach, North Carolina, during the swim 

event. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 13, 2012. 

ADDRESSES: You may submit comments 

identified by docket number using any 

one of the following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email BOSN3 Joseph M. Edge, Coast 

Guard Sector North Carolina, Coast 

Guard; telephone 252–247–4525, email 

Joseph.M.Edge@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking, indicate the specific section 

of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online at http:// 

www.regulations.gov, or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online, it will be considered 

received by the Coast Guard when you 

successfully transmit the comment. If 

you fax, hand deliver, or mail your 

comment, it will be considered as 

having been received by the Coast 

Guard when it is received at the Docket 

Management Facility. We recommend 

that you include your name and a 

mailing address, an email address, or a 

telephone number in the body of your 

document so that we can contact you if 

we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, type the 

docket number (USCG–2012–0482) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Submit a 

Comment’’ on the line associated with 

this rulemaking. 

If you submit your comments by mail 

or hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

2. Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, type the 

docket number (USCG–2012–0482) in 

the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

3. Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

4. Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one, using one of the methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

B. Basis and Purpose 

On September 29, 2012 from 7 a.m. to 

11 a.m., Without Limits Coaching will 

sponsor ‘‘Swim Harbor Island’’ on the 

waters adjacent to and surrounding 

Harbor Island in Wrightsville Beach, 

North Carolina. The swim event will 

consist of up to 200 swimmers 

swimming a 3.5 mile course around 

Harbor Island in Wrightsville Beach, 

North Carolina. To provide for the safety 

of participants, spectators and other 

transiting vessels, the Coast Guard will 

temporarily restrict vessel traffic in the 

event area during this event. 

C. Discussion of Proposed Rule 

The Coast Guard is proposing 

establishing a safety zone on the 

navigable waters of the Atlantic 

Intracoastal Waterway 550 yards north 

and south of the U.S. 74/76 Bascule 

Bridge, mile 283.1, latitude 34°13′06′′ 


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