84482 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 

the proposal to revise the index level 

during the five-year period. 

IV. Comment Procedures 

41. Initial comments are due 

November 26, 2024. Reply comments 

are due December 20, 2024. Comments 

must refer to Docket No. RM25–2–000, 

and must include the commenter’s 

name, the organization they represent, if 

applicable, and their address. All 

comments will be placed in the 

Commission’s public files and may be 

viewed, printed, or downloaded 

remotely as described in the Document 

Availability section below. Commenters 

on this proposal are not required to 

serve copies of their comments on other 

commenters. 

42. The Commission encourages 

comments to be filed electronically via 

the eFiling link on the Commission’s 

website at http://www.ferc.gov. The 

Commission accepts most standard 

word processing formats. Documents 

created electronically using word 

processing software must be filed in 

native applications or print-to-PDF 

format and not in a scanned format. 

Commenters filing electronically do not 

need to make a paper filing. 

43. Commenters that are not able to 

file comments electronically may file an 

original of their comment by USPS mail 

or by courier-or other delivery services. 

For submission sent via USPS only, 

filings should be mailed to: Federal 

Energy Regulatory Commission, Office 

of the Secretary, 888 First Street NE, 

Washington, DC 20426. Submission of 

filings other than by USPS should be 

delivered to: Federal Energy Regulatory 

Commission, 12225 Wilkins Avenue, 

Rockville, MD 20852. 

V. Document Availability 

44. In addition to publishing the full 

text of this document in the Federal 

Register, the Commission provides all 

interested persons an opportunity to 

view and/or print the contents of this 

document via the internet through the 

Commission’s Home Page (http://

www.ferc.gov). 

45. From the Commission’s Home 

Page on the internet, this information is 

available on eLibrary. The full text of 

this document is available on eLibrary 

in PDF and Microsoft Word format for 

viewing, printing, and/or downloading. 

To access this document in eLibrary, 

type the docket number excluding the 

last three digits of this document in the 

docket number field. 

46. User assistance is available for 

eLibrary and the Commission’s website 

during normal business hours from 

FERC Online Support at (202) 502–6652 

(toll free at 1–866–208–3676) or email at 

ferconlinesupport@ferc.gov, or the 

Public Reference Room at (202) 502– 

8371, TTY (202) 502–8659. Email the 

Public Reference Room at 

public.referenceroom@ferc.gov. 

By direction of the Commission. 

Issued: October 17, 2024. 

Debbie-Anne A. Reese, 

Secretary. 

[FR Doc. 2024–24518 Filed 10–22–24; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF STATE 

22 CFR Parts 120, 121, and 126 

[Public Notice: 12543] 

RIN 1400–AE73 

International Traffic in Arms 

Regulations (ITAR): U.S. Munitions List 

Categories IV and XV 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: The Department of State (the 

Department) proposes to amend the 

International Traffic in Arms 

Regulations (ITAR) to revise U.S. 

Munitions List (USML) Categories IV 

and XV and related sections of the ITAR 

to clarify and standardize the regulatory 

text, add items that warrant designation 

on the USML, and remove those items 

that no longer warrant designation on 

the USML. The Department further 

proposes to add three new license 

exemptions to the ITAR. 

DATES: Send comments on or before 

November 22, 2024. 

ADDRESSES: Interested parties may 

submit comments to the Department by 

any of the following methods: 

• Visit the Regulations.gov website at: 

https://www.regulations.gov and search 

for the docket number DOS–2024–0035. 

• Email: DDTCPublicComments@

state.gov. Commenting parties must 

include RIN 1400–AE73 in the subject 

line of the email message. 

See SUPPLEMENTARY INFORMATION for 

other information about electronic 

filing. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Rasmussen, Office of Defense 

Trade Controls Policy, Department of 

State, telephone (202) 663–2217; email 

DDTCCustomerService@state.gov; 

SUBJECT: International Traffic in Arms 

Regulations: USML Categories IV and 

XV (RIN 1400–AE73). 

SUPPLEMENTARY INFORMATION: The 

Department of State’s Directorate of 

Defense Trade Controls (DDTC) 

regulates the export, reexport, retransfer, 

and temporary import of the defense 

articles and defense services identified 

on the USML at ITAR § 121.1. Items not 

subject to the ITAR or to the exclusive 

licensing jurisdiction of any other 

department or agency of the U.S. 

Government are subject to the Export 

Administration Regulations (EAR, 15 

CFR parts 730 through 774, which 

includes the Commerce Control List 

(CCL) in supplement no. 1 to part 774). 

The EAR is administered and enforced 

by the Bureau of Industry and Security 

(BIS), U.S. Department of Commerce. 

This rule does not modify the list of 

defense articles and defense services 

controlled for purposes of permanent 

import by the Attorney General, as 

enumerated on the U.S. Munitions 

Import List (USMIL) at 27 CFR 447.21. 

Section 38 of the Arms Export Control 

Act (AECA) (22 U.S.C. 2778), the 

authority from which the ITAR is 

derived, requires periodic review to 

determine what articles and services, if 

any, no longer warrant designation on 

the U.S. Munitions List at 22 CFR 121.1. 

In maintaining the USML, DDTC’s 

Office of Defense Trade Controls Policy 

(DTCP) identifies articles and services 

for review through a variety of methods, 

including informal public and 

interagency comment, commodity 

jurisdiction reviews, advisory opinions, 

and technology monitoring. The 

Department maintains the USML such 

that it comprises those defense articles 

or defense services that provide a 

critical military or intelligence 

advantage or, in the case of firearms, 

have an inherently military function. 

The Department, informed by 

consultations with its interagency 

partners, determined that the additional 

defense articles this rule proposes to 

designate on the USML warrant ITAR 

control and those articles it proposes to 

remove from the USML no longer do. 

This rule also proposes to amend and 

clarify certain regulatory text that 

describes items on the USML. 

Further, on December 20, 2023, Vice 

President Kamala Harris convened the 

National Space Council to discuss U.S. 

leadership in space. The Departments of 

State and Commerce were subsequently 

tasked to ‘‘review relevant export 

controls and processes to better enable 

a globally competitive U.S. space 

industrial base while protecting our 

national security and foreign policy 

interests.’’ In addition to clarifying 

existing controls, the Department 

identifies three primary methods to 

meet that objective. First, it presents 

several updates to the USML’s structure, 

terminology, and concepts. Second, it 

proposes three new license exemptions 

within the ITAR and the transition of 


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guidance from an existing USML note 

into a fourth new exemption within a 

new section, § 126.8. Third, it proposes 

revisions to USML Categories IV and 

XV. 

With this rule, the Department 

proposes to amend specific paragraphs 

within the USML to address controls 

that were identified as potentially 

requiring addition, removal, revision, or 

clarification. The Department proposes 

the following general types of changes 

to the ITAR: (1) USML Modernization 

Efforts, (2) Civil Space-Related License 

Exemptions and Special Licensing 

Provisions, and (3) USML Category 

Revisions. 

The Department invites feedback from 

industry and other interested parties on 

these proposals, which are further 

explained in that order below. In 

accordance with 5 U.S.C. 553(b)(4), a 

summary of this proposed rule may be 

found at https://www.regulations.gov. 

USML Modernization Efforts 

The Department is modernizing the 

USML, specifically to improve its 

usability, clarity, and consistency in 

structure and regulatory text. This 

proposed rule contains revisions to that 

effect in the following areas: 

Revision and Removal of Notes and 

Expansion of § 121.0 Definitions 

The Department proposes to relocate 

content in notes within the USML, 

which has regulatory effect, into the 

relevant text of the USML paragraphs, or 

into new definitions in § 121.0. The 

Department also proposes to update or 

remove other notes within the USML for 

clarity and to avoid redundancy. 

To create additional clarity within the 

text of the USML, the Department 

proposes to add definitions for the 

following new terms, many of which are 

currently contained in notes: amateur 

rocket, amateur rocket motor, bomb, 

excluded National Aeronautics and 

Space Administration (NASA) 

spacecraft, ground sample distance, 

hosted payload, human spaceflight 

preparations, loitering munition, mine, 

payload, primary payload, range, realtime, secondary payload, spacecraft, 

spacecraft bus, spacecraft housekeeping 

data and output, spacecraft payload, and 

spectral bandwidth. 

ITAR part 120 maintains defined 

terms that are relevant to the ITAR, 

while other definitions are located in 

notes to USML paragraphs. Consistent 

with the Department’s overall effort to 

streamline and clarify the content and 

organization of the ITAR, this rule 

proposes to consolidate defined terms 

used within the USML in one location 

at § 121.0. The Department will further 

consider, and requests public comment 

on, whether the Department should 

instead move any of those terms to part 

120, so they apply across the ITAR 

instead of just the USML. 

Removal of Specially Designed as a 

Criterion in Certain Paragraphs 

The Department further proposes to 

revise those paragraphs where the term 

specially designed either does not 

narrow the scope of the paragraph or 

can be replaced with technical criteria 

that provide more specific controls. The 

Department does so to enhance clarity 

within the regulatory text. 

Consistency in Construction 

The Department proposes to start each 

paragraph of the USML with the specific 

article of interest, followed by any 

qualifying criteria such as 

characteristics, functions, or 

performance capability. The Department 

does so to improve both the USML’s 

consistency and its ease of navigation. 

The Department also proposes to 

relocate in-line catch-all entries (i.e., 

those located in the same paragraph as 

the article they are specially designed 

for) to the end of the paragraph to which 

they apply, unless it applies only to a 

portion of the control. The Department 

does so to enhance clarity and 

consistency within the regulatory text. 

Structure of USML Categories 

The Department proposes to structure 

certain USML control text to more 

consistently follow the organizational 

composition described in § 120.10(b), 

Composition of U.S. Munitions List 

categories. Restructuring to group 

paragraphs according to § 120.40, 

Compositional terms, will improve the 

USML’s ease of use and help reduce 

user error when performing an analysis 

to determine if an item is specially 

designed per § 120.41. Since paragraphs 

(a)(2) and (b)(1) through (5) only apply 

to USML paragraphs that use the term 

‘‘specially designed’’ to describe items 

as parts, components, accessories, 

attachments, or software, the 

Department believes that clearly 

differentiating between the USML 

paragraphs that do so, and those that 

instead use the term ‘‘specially 

designed’’ to describe items using other 

§ 120.40 compositional terms, will assist 

in the analysis. For example, in this 

rule, the Department proposes to move 

equipment and systems currently 

described in the parts and components 

paragraph of Category IV(h) to a newly 

created paragraph (e) of USML Category 

IV. A similar approach is proposed for 

Category XV. 

Clarification of Internal References and 

Standardization of Regulatory Text 

The Department proposes to update 

internal references within the USML for 

consistency and greater readability. For 

example, the Department proposes to 

replace references to larger divisions of 

subchapter M of title 22 (such as ‘‘this 

section’’) with more specific references 

such as ‘‘the USML,’’ when that is the 

intent. Similarly, the Department 

proposes to update references to ‘‘this 

category’’ to the specific USML Category 

referenced. 

The Department proposes to 

standardize its use of terms within the 

USML, including ‘‘described’’ and 

‘‘controlled.’’ 

For consistency and ease of use, the 

Department also proposes to utilize 

metric units and minimize references to 

U.S. customary units. 

And, finally, the Department proposes 

other minor changes in multiple 

paragraphs to promote consistency in 

regulatory text, grammar, and syntax 

without changing scope or substance. 

Civil Space-Related License Exemptions 

and Special Licensing Provisions 

The Department proposes to add to 

part 126 three new licensing exemptions 

intended to promote U.S. industrial base 

participation in civil space activity 

commensurate with its national security 

and foreign policy goals. The 

Department further proposes to codify a 

fourth licensing exemption currently 

provided as guidance in an existing note 

within the USML. As a reminder, the 

ITAR contains other requirements to be 

eligible to use an exemption, including 

requirements which may attach to 

transfers. Those include, but are not 

limited to, § 126.1 regarding proscribed 

destinations and statements required 

under § 123.9(b). Specific to the current 

proposed rulemaking, the four proposed 

exemptions are as follows. 

Official Space Agency Exemption 

This license exemption, proposed to 

be in a new § 126.8(a), would authorize 

certain transfers of defense articles and 

defense services when conducted 

entirely within the scope of an official 

U.S. government agency space program 

listed in § 126.8(a)(2). While the 

proposed list of articles and services 

subject to the exemption applies to 

several NASA spacecraft, the 

Department emphasizes this licensing 

exemption does not similarly apply to 

the space launch vehicles for these 

spacecraft. The Department assesses the 

underlying launch vehicle technology is 

independent of the spacecraft that 

potentially warrant a licensing 


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exemption, in part due to the implicitly 

civil, multilateral, or scientific mission 

of these specific spacecraft. 

Space Activity Exemption 

This exemption, proposed to be in a 

new § 126.8(b), consists of four 

provisions. The first would authorize 

certain transfers of defense articles and 

§ 120.32(a)(2) defense services 

supporting space launches. Certain 

transfers of electrical connectors would 

be eligible for this exemption, as the 

Department assesses that, while they 

continue to warrant regulation by this 

subchapter, certain transfers of these 

articles may be conducted under a 

licensing exemption without risk to U.S. 

national security and foreign policy 

interests. The Department requests 

public comment on additional space 

technologies having both military and 

commercial applications that should be 

considered for incorporation into this 

exemption. Comments on the benefit of 

such an expansion of the exemption to 

the regulated community and any 

perceived or recommended proliferation 

risk mitigations are also requested. 

The second provision would 

authorize certain services related to the 

transmission of space launch vehicle 

telemetry, to improve safety of flight 

and support the growing space launch 

industry. The Department proposes to 

limit this authorization to space launch 

vehicles since similar data can be used 

by rockets and missiles to deliver 

weapons of mass destruction. 

The third provision would authorize 

certain services to support collaboration 

with foreign persons when on-orbit 

defense articles are utilized in support 

of fundamental research, as defined in 

§ 120.34(a)(8). 

The fourth provision would authorize 

certain services associated with 

radiofrequency transmissions using onorbit defense articles, including 

geolocating certain automated 

information broadcasts, emergency 

transmissions, and cellular 

transmissions. 

Space Tourism and Research Exemption 

This exemption, proposed to be in a 

new § 126.8(c), would authorize certain 

transfers of manned spacecraft for space 

tourism or in support of fundamental 

research, as defined in § 120.34(a)(8). 

The Department notes the proposed 

research exemptions apply specifically 

to certain basic and applied research, 

and not to the engineering development 

phase of research and development. 

Similarly, they do not apply to the 

design and development of a defense 

article or to research either not intended 

for publication or subject to publication 

restrictions or non-disclosure 

agreements. 

Special Licensing Provision for Defense 

Articles Incorporated Into Spacecraft 

Subject to the EAR 

This exemption, proposed to be in a 

new § 126.8(d), would authorize certain 

transfers of defense articles while they 

are incorporated into spacecraft subject 

to the EAR. This is consistent with two 

current notes (note 2 to paragraph (e) 

and note 2 to paragraph (e)(17)) the 

Department proposes to remove from 

Category XV. 

Satellite Signature Reduction 

In addition to the proposed 

exemptions previously described, the 

Department also requests public 

comment on specific regulatory changes 

or clarifications to facilitate industry 

efforts to reduce the apparent 

magnitude, as viewed from Earth, of 

satellite brightness. Commenters should 

be cognizant of the Department’s 

continued need to control signature 

reduction technologies that provide a 

critical military or intelligence 

advantage, including technologies to 

reduce spacecraft signatures as viewed 

in, or between, orbits. 

USML Category Revisions 

USML Category IV 

Category Title 

The Department proposes to update 

the title of Category IV to better reflect 

the items described therein and to avoid 

the potential misinterpretation that the 

list of items in the title is exhaustive. 

Paragraphs (a)(1) and (2) 

The Department proposes minor 

adjustments to USML Category IV(a)(1) 

and (2) for consistency in construction 

of the control text. 

Man-Portable Air Defense Systems 

(MANPADS) 

In USML Category IV, paragraph (a)(3) 

describes MANPADS, paragraph (b)(2) 

describes ‘‘[f]ixed launch sites and 

mobile launcher mechanisms for any 

system enumerated in paragraphs (a)(3) 

through (5) . . . (e.g., launch tables, 

TOW missile, MANPADS),’’ and 

paragraph (h)(5) describes ‘‘MANPADS 

grip stocks and specially designed parts 

and components therefor.’’ 

To provide additional clarity and 

consistency in structure of the USML, 

with no change in the scope of the 

controls, the Department proposes to 

modify these paragraphs. The 

Department proposes to modify 

paragraph (a)(3) to enumerate the 

missiles and rockets used in 

MANPADS. As described elsewhere in 

this rule, the Department proposes 

further modifications to paragraph (b)(2) 

to clarify it describes launch systems 

and equipment for MANPADS and 

certain other defense articles; thus, 

launch tubes for MANPADS missiles 

would remain described on the USML. 

The Department proposes to continue to 

describe parts and components specially 

designed for MANPADS grip stocks in 

paragraph (h)(5) but notes MANPADS 

grip stocks described in that paragraph 

would also be described in proposed 

paragraph (b)(2) as launch equipment 

for MANPADS. The Department 

requests public comment on the 

advantages and disadvantages of 

describing MANPADS grip stocks either 

only in paragraph (b)(2) or only in 

paragraph (h)(5). 

Anti-Tank Missiles 

USML Category IV(a)(4) describes 

‘‘[a]nti-tank missiles and rockets.’’ The 

Department proposes to distinguish this 

entry from other USML paragraphs that 

describe other missiles and rockets that 

may be used to neutralize tanks, such as 

Category III(d)(4) for rocket propelled 

grenades (RPGs). The Department 

assesses that a commonly accepted 

distinction between the two is that antitank systems are typically guided, 

whereas RPGs are not. This 

demarcation, along with established 

precedent, precludes the need for a 

substantive revision of Category IV(a)(4). 

Instead, the Department proposes minor 

modifications for consistency in 

sentence structure and to clarify that it 

describes projectiles used to neutralize 

armored platforms of any kind, not just 

tanks. 

Rockets 

USML Category IV(a)(5) describes 

rockets, space launch vehicles (SLVs), 

and missiles not described elsewhere in 

paragraphs (a)(1) through (4). This 

includes rockets on the lower end of the 

performance spectrum that, nonetheless, 

warrant designation as a defense article. 

USML Category IV(a) excludes certain 

model rockets via note 3 to paragraph 

(a). 

The Department also proposes to 

replace note 3 to paragraph (a) with a 

specific definition of ‘‘amateur rockets’’ 

in § 121.0 and to reference that 

definition to exclude amateur rockets 

from the regulatory text of paragraph 

(a)(5). The proposed definition is 

consistent with the current National 

Fire Protection Association Code 

definition referenced in note 3 to 

paragraph (a). 


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Bombs 

The Department proposes to clarify 

the scope of USML Category IV(a)(6) 

through defining ‘‘bomb’’ in § 121.0 in 

a manner that more clearly excludes 

improvised explosive devices (IEDs) and 

other ground-based munitions. In doing 

so, the Department does not intend to 

narrow the scope of the USML and 

notes bombs dropped from groundlaunched munitions are still dropped 

from the air (e.g., bomblets dropped 

from a munition launched from a 

ground vehicle), while some munitions 

marketed as ‘bombs’ may more 

appropriately be classified as rockets or 

missiles. 

Mines 

The USML currently enumerates 

mines in three separate paragraphs in 

USML Category IV. Paragraph (a)(9) 

describes ‘‘[a]nti-personnel, antivehicle, or anti-armor land mines (e.g., 

area denial devices).’’ Paragraph (a)(10) 

describes ‘‘[a]nti-helicopter mines.’’ 

And paragraph (a)(11) describes ‘‘[n]aval 

mines.’’ The Department proposes to 

clarify, via a new parenthetical, that 

paragraph (a)(9) describes both Terrain 

Shaping Obstacles (TSOs) that are 

compliant with the Ottawa/Presidential 

Landmine Policy and non-compliant 

area denial devices (ADDs). 

The Department also proposes to 

clarify that paragraph (a)(10) describes 

mines designed to target any type of 

aircraft, such as unmanned aerial 

vehicles (UAVs)—not just helicopters. 

The Department is unaware of any antiUAV mines that are not anti-helicopter 

mines. Moreover, the Department 

assesses that any notional or future antiaircraft mines that are not also antihelicopter mines warrant the same level 

of control as anti-helicopter mines. 

To facilitate additional proposed 

subordinate paragraphs to paragraph (a), 

the Department proposes to delete the 

conjunction ‘‘or’’ at the end paragraph 

(a)(11). The Department also proposes to 

move the definition of ‘‘mine’’ currently 

found in note 4 to Category IV(a) to 

§ 121.0, refine the definition, and delete 

the original note. 

Grenades 

The Department proposes to remove 

the reference to ‘‘high explosive’’ in 

USML Category IV(a)(12) to prevent 

confusing the articles described in this 

paragraph with law enforcement tools, 

such as stun grenades, that are not 

subject to the ITAR. Instead, the 

Department proposes the paragraph 

refer to hand grenades ‘‘designed to be 

lethal or destructive’’, with a 

parenthetical list of examples, as more 

reflective of the types of grenades the 

Department intends to describe in this 

paragraph. 

Loitering Munitions 

The Department proposes to add new 

paragraph (a)(13) to USML Category IV 

to enumerate loitering munitions, 

thereby distinguishing them from other 

defense articles with similar 

functionality, e.g., UAVs designed for 

repeated missions, instead of a single 

use. In support of this new paragraph, 

the Department proposes to add a 

regulatory definition of ‘‘loitering 

munition’’ in § 121.0. 

Kinetic Kill Vehicles 

The Department proposes to move 

kinetic kill vehicles currently described 

in USML Category IV(h)(3) to a new 

entry in paragraph (a), with no change 

in the scope of control. 

Post-Boost Vehicles 

The Department proposes to move 

post-boost vehicles currently described 

in USML Category IV(h)(12) to a new 

entry in paragraph (a), with an 

expanded description for clarity in the 

regulatory text but no change in the 

scope of control. 

Hypersonic Glide Vehicles 

The Department notes most 

hypersonic vehicles (HVs) are described 

on the USML in either Category IV or 

VIII. However, the Department assesses 

that the functionality of hypersonic 

glide vehicles (HGVs) requires specific 

enumeration on the USML. The 

Department thus proposes to add a new 

paragraph (a)(16) in Category IV for 

HGVs and specially designed parts and 

components therefor. The Department 

further proposes to designate this 

paragraph as ‘‘MT’’ (see § 120.10(d)). 

Re-Entry Vehicles 

The Department proposes to move the 

control for re-entry vehicles within 

USML Category IV from paragraph 

(h)(17) to new paragraph (a)(17) with 

minor textual changes. The Department 

also proposes to incorporate the 

guidance currently in the note to 

paragraph (h)(17) into the new 

paragraph (a)(17) and to clarify the 

scope of paragraph (a)(17) to better 

facilitate the order of review. Thus, the 

Department further proposes to delete 

the note to paragraph (h)(17). 

Range and Payload 

The Department proposes to move the 

definitions of ‘‘range’’ and ‘‘payload,’’ 

currently found in the notes to USML 

Category IV(a), to § 121.0. 

Model Rockets 

Certain rockets described in USML 

Category IV(a)(5) are excluded from that 

paragraph by note 3 to USML Category 

IV(a). The Department proposes to 

delete note 3, while maintaining the 

scope of paragraph (a), by adding a 

definition for ‘‘amateur rocket’’ in 

§ 121.0 and modifying paragraph (a)(5) 

to exclude amateur rockets. 

Launch Platforms 

Paragraphs (b)(1) and (2) of USML 

Category IV describe ‘‘[f]ixed launch 

sites and mobile launcher mechanisms’’ 

for articles described in paragraphs 

(a)(1) through (5). For clarity, the 

Department proposes to delete the 

parenthetical example in paragraph 

(b)(2) since the ‘‘TOW missile’’ and 

‘‘MANPADS’’ are described in 

paragraph (a). 

With advances in technology, such as 

maritime launch sites, the Department 

also proposes to modify paragraphs 

(b)(1) and (2) to describe ‘‘launch 

systems and equipment’’ to clarify they 

describe all launch system variants. 

This change also facilitates the 

Department’s proposed intent to 

describe all launch systems for Category 

IV munitions in Category IV, changing 

the current practice of describing them 

according to the platform into which 

they are integrated, as currently 

facilitated by notes 1 and 2 to paragraph 

(b). Additionally, consistent with the 

current launch system controls for 

Category IV munitions, the Department 

proposes to add a parts and components 

catch-all control to paragraphs (b)(1) 

and (2). 

The Department also proposes to 

delete the first two notes to paragraph 

(b) in the current regulation. Notes 1 

and 2 direct the user to Categories VI, 

VII, and VIII for launcher mechanisms 

integrated into platforms described 

therein. However, the Department now 

proposes to describe launch systems 

according to the articles launched, not 

the platforms from which they are 

launched. This will result in describing 

articles such as the M299 and LAU–61 

launchers in Category IV(b), while 

continuing to describe in Category VIII 

articles such as weapons pylons for 

integrating those launchers with aircraft. 

The Department assesses articles 

specially designed for the integration of 

a defense article described in USML 

Category IV with an operational 

platform should remain described in 

Category VI, VII, or VIII with their 

respective platforms, since they are 

better described as either articles for 

integrating launch equipment or, in the 

case of bomb racks, as release 


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mechanisms for self-launched 

munitions. The Department also 

proposes to add a new note 1 to 

paragraph (b) to ensure practitioners are 

aware that accessories, attachments, and 

associated equipment for USML 

Category XX(a) articles remain 

described in USML Category XX 

following the movement of launch 

systems and equipment to Category IV. 

This proposed change in the 

Department’s approach is intended, in 

part, to address launchers that are 

repurposed from one platform to 

another, or even to fixed, land-based 

installations. In such cases, the 

Department assesses it is inappropriate 

for the export classification of an article 

to change based solely on the platform 

with which it is used. However, 

maintaining the original platformspecific classification for a launcher 

installed on a different platform also 

causes unnecessary confusion and can 

delay licensing, compliance, and 

enforcement. Further challenges arise 

when the control text for launchers on 

different platforms differs either in the 

relevant USML paragraph or its related 

catch-all entry, or in the significant 

military equipment (SME) status of 

those paragraphs. This is not a 

theoretical issue, as the Department has 

identified multiple instances where 

launch equipment has been repurposed 

from aircraft or ships to vehicles or 

fixed installations (e.g., the M299 

launcher and Mark 41 Vertical Launch 

System). 

Thus, the Department proposes to 

modify the relevant paragraphs of 

Categories VI, VII, and VIII so they only 

describe articles used to integrate either 

the launch systems described in 

Category IV(b), or self-launched 

munitions described in Category IV(a) 

that do not require a separate launch 

system (e.g., bombs that attach only via 

hard points), with platforms described 

in those categories. The Department 

assesses these changes will eliminate 

the potential conflict with the order of 

review in which the existing notes 

imply reclassification from the SME 

paragraph of Category IV to a non-SME 

paragraph in another category. The 

proposed change will also reduce 

confusion, and potential 

reclassification, when the same 

equipment is used on multiple 

platforms. The Department is 

coordinating with the Department of 

Commerce’s Bureau of Industry and 

Security to ensure consistency in its 

related catch-all controls for any articles 

that move between USML categories 

because of this new approach. 

USML Category IV(c) 

The Department notes it will address 

issues related USML Category IV(c) in a 

separate rulemaking. However, the 

Department still welcomes comments 

related to this paragraph. 

Note 1 to Paragraph (c) The Department 

proposes to modify note 1 to USML Category 

IV(c) to clarify that, while paragraph (c) 

describes tanks specially designed for 

launch-site storage or handling of certain 

propellants, it does not describe tanks 

designed for commercial transportation and 

storage. 

Note 2 to Paragraph (c) Note 2 to USML 

Category IV(c) points to USML Category XI 

for controls on ‘‘Aircraft Missile Protection 

Systems (AMPS).’’ The Department proposes 

to delete note 2, assessing the pointer is no 

longer necessary for contemporary users and 

not specific enough for novice users. These 

systems are known by multiple names, and 

the term AMPS is not used in USML 

Category XI. However, the Department 

believes that current practitioners have 

already determined the export classification 

of their specific aircraft survivability 

equipment. Separately, a novice’s search for 

‘‘AMPS’’ or ‘‘Aircraft Missile Protection 

Systems’’ would not identify an entry in 

USML Category XI—even if the specific 

system is described, for example, in USML 

Category XI(a)(4)(iii). The Department 

considered revising the note to provide a 

more explicit cross-reference but proposes to 

delete it instead, as similar cross-references 

are not provided for most other technologies 

described on the USML and the Department 

is not aware of significant confusion in the 

regulated community as to the location of 

these specific controls that would warrant 

treating them differently from other 

technology controls. 

Propulsion Systems 

The text of USML Category IV(d) uses 

the term ‘‘power plants’’ to refer to the 

items described in its subordinate 

paragraphs. The Department proposes to 

replace that term with ‘‘propulsion 

systems.’’ However, the Department 

further proposes to exclude from 

Category IV(d) those propulsion systems 

described in USML Categories XV or 

XIX, to clarify those items are not 

described in the subordinate paragraphs 

of (d), while deleting note 2 to 

paragraph (d), as it is made redundant 

by these changes. 

Rocket Stages, Motors, and Engines 

The Department proposes minor 

changes to USML Category IV(d)(1) for 

consistency in construction and 

uniformity. The Department also 

proposes simplifying the regulatory text 

of paragraphs (d)(2) and (3) to reflect its 

intent to describe all motors and engines 

that satisfy the performance criteria, 

regardless of the propellant. 

Air-Breathing Engines and Pressure 

Gain Combustion-Based Propulsion 

Systems 

The Department proposes minor 

changes to paragraphs (d)(5) through (7) 

of USML Category IV for consistency. 

The Department also proposes to 

designate paragraphs (d)(5) and (6) as 

‘‘MT’’ based on an assessment that the 

described articles are also described in 

the Missile Technology Control Regime 

Equipment, Software, and Technology 

Annex (MTCR Annex). 

Note 1 to USML Category IV(d) 

Note 1 to USML Category IV(d) 

provides a carve-out for motors that 

contain five pounds or less of 

propellant. The Department proposes to 

move that regulatory text into the 

definition of amateur rocket motors in 

§ 121.0 and delete the note. 

Addition of USML Category IV(e) 

The Department proposes to move the 

following systems and equipment in 

USML Category IV from current 

paragraph (h) to a new paragraph (e): 

flight control and guidance systems 

(currently described in paragraphs (h)(1) 

and (28)), kinetic kill vehicles (currently 

described in paragraph (h)(3)), thrust 

vector control systems (currently 

described in paragraph (h)(4)), thermal 

protection systems (currently described 

in paragraph (h)(8)), self-destruct 

systems (currently described in 

paragraph (h)(10)), separation systems 

(currently described in paragraph 

(h)(11)), post-boost vehicles (currently 

described in paragraph (h)(12)), 

hypersonic glide vehicles, and 

unmanned atmospheric re-entry 

vehicles (both of which are currently 

described in paragraph (h)(17)), attitude 

control systems (currently described in 

paragraph (h)(28)), and seeker systems 

(currently described in paragraph 

(h)(2)). 

These changes are part of the 

Department’s USML modernization 

efforts and align with the USML 

structure outlined in § 120.10, by 

describing end-items, systems, and 

equipment in paragraphs that precede 

paragraphs dedicated to parts, 

components, accessories, and 

attachments. 

Flight Control Systems, Guidance 

Systems, and Attitude Control 

Equipment 

Flight control systems are described 

in paragraphs (h)(1) and (28) of USML 

Category IV. Those two paragraphs also 

describe guidance systems and attitude 

control equipment, respectively. Along 

with moving these systems to new 

paragraph (e), the Department also 


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proposes to consolidate them in three 

subordinate paragraphs of new 

paragraph (e)(1), with each subordinate 

paragraph describing one of the three 

types of systems or equipment (flight 

control systems, guidance systems, and 

attitude control equipment). 

Within the paragraph for guidance 

systems, the Department proposes to 

delete the parenthetical reference to 

‘‘guidance sets’’ and the related note to 

paragraph (h)(1) as redundant, assessing 

that ‘‘guidance sets’’ described in 

paragraph (h)(1) already meet the 

§ 120.40 definition of a ‘‘system’’ and 

are thus already described by the term 

‘‘guidance systems.’’ The Department 

also believes any manufacturers who 

historically used the ‘‘guidance set’’ 

term of art understand the export 

classification of their items, further 

reducing the utility of the reference. 

Thrust Vector Control Systems 

The Department proposes to simplify 

the regulatory text of current USML 

Category IV(h)(4) and move it to 

paragraph (e)(2). Specifically, the 

Department proposes to eliminate the 

reference to ‘‘missile or rocket’’ at the 

beginning of the paragraph, noting the 

text of proposed paragraph (e) renders it 

unnecessary. The Department further 

proposes to clarify this paragraph does 

not describe spacecraft thrust vector 

control systems described in USML 

Category XV. 

Thermal Protection Systems (e.g., Heat 

Shields and Heat Sinks) 

USML Category IV(h)(8) describes 

heat shields for re-entry vehicles or 

warheads. The Department proposes to 

revise this paragraph and move it to 

paragraph (e)(3) to clarify the thermal 

protection systems described in this 

paragraph are not limited to traditional 

heat shields and to better distinguish 

this entry from a related paragraph in 

USML Category XV that describes 

spacecraft heat shields. The Department 

further proposes to designate new 

paragraph (e)(3) as ‘‘MT’’ based on an 

assessment that all such thermal 

protection systems designed for 

atmospheric re-entry are usable in 

MTCR Category I systems, and thus are 

described in the MTCR Annex. The 

Department also proposes to add a 

catch-all control to this paragraph. The 

Department also proposes to collocate 

this catch-all control with the thermal 

protection systems controls to improve 

the regulation’s clarity and ease of use. 

Regarding the similar paragraph 

describing spacecraft heat shields in 

Category XV, the Department requests 

public comment on any perceived 

benefits and drawbacks to consolidating 

these two heat shield paragraphs under 

Category XIII. 

Self-Destruct Systems 

USML Category IV(h)(10) describes 

self-destruct systems. The Department 

proposes to make minor modifications 

to this paragraph for consistency and 

clarity, with no change in the scope of 

control, and move it to paragraph (e)(4) 

of USML Category IV. 

Separation Systems 

USML Category IV(h)(11) describes 

separation systems. The Department 

proposes to revise this paragraph for 

consistency and clarity, with no change 

in the scope of control, and move it to 

paragraph (e)(5) of USML Category IV. 

This paragraph currently describes all 

separation systems, including those 

used to separate satellites from space 

launch vehicles. The Department 

considered removing certain separation 

mechanisms from the USML but 

declines to do so after assessing the 

technology differences between those 

for civil purposes and military purposes 

do not provide sufficient differentiation. 

SAFF Components 

USML Category IV(h)(9) describes 

safing, arming, fuzing, and firing (SAFF) 

components for missiles and rockets. 

The Department proposes to move it to 

the newly created paragraph (e)(6) and 

clarify it describes all SAFF systems for 

rockets, missiles, loitering munitions, 

and bombs, as well as their specially 

designed parts and components. 

In support of that change, the 

Department proposes to replace the 

limiting compound adjective ‘‘missile 

and rocket’’ with a criterion for articles 

described in paragraph (a)(1), (2), (3), 

(4), or (5) or (g) of USML Category IV. 

This will avoid an expansion of scope 

from the current USML by avoiding 

control of, for instance, SAFF systems 

for mines that are nominally subject to 

the EAR. By adding a reference to 

paragraph (g), the Department intends to 

incorporate SAFF systems for nonnuclear warheads currently described in 

USML Category IV(h)(18). This 

proposed change will consolidate all 

SAFF systems and components 

described on the USML into a single 

paragraph focused on the underlying 

technology instead of its end-use. 

Seeker Systems 

USML Category IV(h)(2) describes 

seeker systems. The Department 

proposes to revise this paragraph for 

consistency and clarity, with no change 

in the scope of control, and move it to 

paragraph (e)(7) of USML Category IV. 

Additionally, the Department requests 

public comment on whether there are 

any areas of potential overlap between 

this and other USML entries and if so, 

whether entries describing these 

systems could potentially be 

consolidated. 

Test Equipment 

The Department proposes to add 

USML Category IV(f) to describe test 

equipment for certain rockets, missiles, 

SLVs, and missile seekers. The 

Department assesses this technology 

provides a critical military advantage 

because testing protocols are 

increasingly being utilized in complex 

missile designs. The Department notes 

that testing software and protocols 

directly related to rockets, missiles, 

SLVs, or missile seekers are currently 

described in USML Category IV(i). 

Non-Nuclear Warheads 

The Department proposes to simplify 

the regulatory text of USML Category 

IV(g). Additionally, the Department 

proposes to add chemical and biological 

warheads to the non-exhaustive 

parenthetical list of examples to further 

clarify the scope. 

USML Category IV(h) 

The Department proposes to modify 

USML Category IV(h) to economize the 

text of its subordinate paragraphs. 

Currently, some subordinate paragraphs 

of (h) require an article be used in an 

end item described elsewhere in 

Category IV. The Department proposes 

to clearly stipulate in paragraph (h) that 

the articles in its subordinate 

paragraphs are for end-items described 

elsewhere in Category IV, thereby 

eliminating the need to repeat that 

requirement in each of its subordinate 

paragraphs. Consistent with its intent to 

move systems from paragraph (h) to 

paragraph (e), the Department also 

proposes to delete the reference to 

systems and subsystems in paragraph 

(h). 

USML Category IV(h)(1) Through (4) 

Paragraphs (h)(1) through (4) of USML 

Category IV describe flight control 

systems, guidance systems, seeker 

systems, kinetic kill vehicles, and thrust 

vector control systems. As noted 

elsewhere in this rule, the Department 

proposes to move those articles to 

another paragraph. Consistent with this 

change, the Department proposes to 

reserve paragraphs (h)(1) through (4) to 

maintain the current numbering in the 

remaining paragraphs. 

Grip Stocks for MANPADS 

The Department proposes to modify 

the wording of USML Category IV(h)(5), 


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so the article of interest is listed first 

rather than the end item for which it is 

used. 

Nozzles, Nozzle Throats, Nose Tips, 

Nose Fairings, and Aerospikes 

The Department proposes to eliminate 

the reference to rockets and missiles in 

paragraphs (h)(6) and (7) of USML 

Category IV, based on proposed changes 

to paragraph (h) that more broadly 

reference articles described in USML 

Category IV. 

USML Category IV(h)(8) Through (12) 

Paragraphs (h)(8) through (12) of 

USML Category IV describe heat 

shields, SAFF components, self-destruct 

systems, separation mechanisms, and 

post-boost vehicles. As the Department 

proposes to move these paragraphs to 

other locations within USML Category 

IV, it further proposes to reserve 

paragraphs (h)(8) through (12) to 

maintain the numbering of the 

paragraphs that follow. 

Engine or Motor Mounts 

The Department proposes minor 

modifications to USML Category 

IV(h)(13) for clarity and consistency, 

with no intended change in the scope of 

control. 

Combustion Chambers 

USML Category IV(h)(14) describes 

combustion chambers ‘‘specially 

designed’’ for articles enumerated in 

paragraphs (a) and (d) of USML 

Category IV. However, the Department 

is unaware of a scenario wherein 

combustion chambers used with articles 

described in paragraph (a) or (d) would 

be released by the ‘‘specially designed’’ 

analysis provided at § 120.41(b). As 

such, the Department proposes to 

simplify the control paragraph by 

removing ‘‘specially designed’’ as a 

criterion for control. Additionally, the 

Department proposes to eliminate the 

limiting criterion ‘‘for articles 

enumerated in paragraphs (a) and (d).’’ 

The Department assesses this criterion 

is redundant, as it is unaware of 

combustion chamber use in articles 

described in the remaining Category IV 

paragraphs. This assessment, along with 

the regulatory text the Department 

proposes for paragraph (h), means the 

removal of this criterion does not 

change the scope of the control. 

Injectors 

Similar to combustion chambers, the 

Department is unaware of injectors used 

in articles described in USML Category 

IV that would be released by the 

‘‘specially designed’’ analysis provided 

at § 120.41(b), and the proposed 

regulatory text for paragraph (h) ensures 

the injectors described in paragraph 

(h)(15) are ‘‘for articles described in 

USML Category IV.’’ As such, the 

Department proposes to remove the 

‘‘specially designed’’ criterion from 

paragraph (h)(15), with no change to the 

scope of the control. 

Igniters 

The Department proposes to revise 

USML Category IV(h)(16) for clarity and 

consistency, and with a minor change in 

scope. The current USML describes 

solid rocket motor and liquid engine 

igniters. However, the Department 

assesses igniters used in amateur rocket 

motors do not provide a critical military 

or intelligence advantage. The 

Department believes that simplifying 

the paragraph to just ‘‘igniters,’’ with the 

proposed changes to paragraph (h) to 

describe parts, components, accessories, 

and attachments for articles described in 

Category IV appropriately scopes the 

control by removing igniters for amateur 

rocket motors. 

Parts and Components for Non-Nuclear 

Warheads and USML Category IV(e) 

Systems 

The Department proposes to expand 

the scope of the USML Category 

IV(h)(18) catch-all control to include 

two types of parts and components 

specially designed for systems described 

in paragraph (e): non-electronic 

radiation hardened parts and 

components and parts and components 

specially designed for underwater 

launch. The Department’s assessment is 

that such articles provide a critical 

military advantage when used in USML 

Category IV systems. 

Penetration Aids 

The Department proposes to designate 

USML Category IV(h)(19) as SME per 

§ 120.36, since the articles it describes 

are vital to the successful deployment of 

warheads described in USML Category 

IV(g) which are, themselves, SME. 

Motor Cases 

Consistent with changes it proposes to 

USML Category IV(h), the Department 

proposes to eliminate the reference to 

‘‘rocket’’ in USML Category IV(h)(20) 

based on the assessment that, in this 

context, the use of ‘‘rocket’’ is intended 

to describe the motor, not the platform 

in which the motor is used and that 

rocket motors can be used in more than 

just rockets. Since the technology 

remains the same, regardless of the 

platform, the Department intends for the 

control to remain independent of its end 

use. 

Liners and Insulation 

The Department proposes to modify 

the wording of USML Category IV(h)(21) 

for clarity and consistency, with no 

change in the scope of the control. 

Radomes, Sensor Windows, Antenna 

Windows, and Embedded Antennae 

The Department proposes minor 

modifications to USML Category 

IV(h)(22) for consistency in regulatory 

text construction and to update crossreferences in the regulatory text. The 

Department further proposes to expand 

the scope of paragraph (h)(22) by adding 

‘‘embedded antennae’’ to the list of 

items described therein, as embedded 

antennae are not antenna windows yet 

provide similar capability through 

alternative means. 

Payload Fairings 

The Department proposes minor 

modifications to USML Category 

IV(h)(23), to ensure it effectively 

describes all payload fairings for articles 

described in USML Category IV, not just 

those for rockets and missiles. 

Launch Canisters 

The Department proposes to modify 

USML Category IV(h)(24) to remove the 

reference to ‘‘rocket or missile’’ in 

describing launch canisters. The 

Department assesses the existing 

reference is redundant based on the 

proposed changes to paragraph (h). 

Fuzes 

The Department proposes to limit the 

scope of USML Category IV(h)(25) to 

those fuzes not already described in 

paragraph (e)(6) as ‘‘specially designed’’ 

parts and components of SAFF systems. 

The Department requests public 

comment on whether the retention of 

USML Category IV(h)(25) is necessary 

and if so, examples of items that could 

be described in this entry but are not 

already described in paragraph (e)(6). 

Propellant Tanks and Altimeters 

The Department proposes to modify 

USML Category IV(h)(26) and (27) to 

eliminate the reference to ‘‘rocket or 

missile’’ based on proposed changes to 

paragraph (h). 

Umbilical and Interstage Electrical 

Connectors 

In USML Category IV(h)(29), the 

Department proposes to remove the 

reference to ‘‘rockets or missiles,’’ 

consistent with similar proposed 

changes in other paragraphs, and to 

create three subordinate paragraphs, 

moving the umbilical and interstage 

connectors described therein to the new 

paragraph (h)(29)(i). The Department 


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proposes to incorporate the guidance 

currently provided in the note to 

paragraph (h)(29) to the regulatory text 

in the new paragraph (h)(29)(ii) and 

delete the note. The Department further 

proposes to add electrical connectors 

specially designed for hostile nuclear 

radiation environments to the new 

paragraph (h)(29)(iii), assessing that 

these connectors, used in ballistic 

missile systems, provide a critical 

military advantage. 

The Department also proposes to add 

a licensing exemption to § 126.8 for 

certain activities involving connectors 

installed between articles described in 

paragraph (a)(1) or (2) and certain 

payloads. 

Turbo Pumps 

The Department proposes to add a 

new paragraph (h)(31) to USML 

Category IV describing turbo pumps 

specially designed for the propulsion 

systems described in USML Category 

IV(d). 

Technical Data and Defense Services 

The Department proposes minor 

modifications to USML Category IV(i) 

for consistency in construction of the 

control text. 

Note to Category IV 

The Department proposes to eliminate 

the note to USML Category IV, as it does 

not provide a substantive explanation of 

the control text. This note describes one 

specific circumstance wherein a system 

would be described in Category I of the 

MTCR Annex, which is not a distinction 

made elsewhere on the USML. For 

assistance identifying articles that are 

on the MTCR Annex, users should 

reference the ‘‘MT’’ designations 

provided as described in § 120.10(d). 

Consideration of Prior Public Comments 

on USML Category IV 

The Department previously published 

an advanced notice of proposed 

rulemaking (RIN 1400–AE73) on March 

8, 2019, to request public comment (see 

84 FR 8486). Twenty-five parties filed 

comments recommending changes, 

which were reviewed and considered by 

the Department, in consultation with 

other U.S. Government departments and 

agencies. A summary of the comments 

related to USML Category IV follows: 

Four commenting parties 

recommended the Department add a 

note to USML Category IV, similar to 

note 3 to paragraph (f) of Category XV, 

to decontrol housekeeping and 

telemetry data associated with space 

launch vehicles. The Department 

declines to do so, as such data may be 

used in the furtherance of programs to 

deliver weapons of mass destruction. 

However, the Department does propose 

to exempt certain telemetry from 

licensing requirements in specific 

circumstances, as reflected in its 

proposed exemptions in part 126. 

Three commenting parties 

recommended thermal batteries be 

removed from the USML in favor of 

existing descriptions on the CCL. 

Thermal batteries were originally 

developed as, and are still 

predominantly used as, single-use 

power sources with long shelf-lives and 

high reliability for munitions 

applications. As such, they continue to 

provide a critical military advantage and 

the Department declines to remove them 

from the USML. Nonetheless, the 

Department requests public comment on 

civil uses of thermal batteries in space 

applications to allow consideration for 

their inclusion in a licensing exemption 

supporting civil space efforts. 

One commenting party recommended 

the USML be revised to account for 

unmanned aerial vehicles (UAVs) used 

as loitering munitions. The Department 

proposes both a § 121.0 definition and 

an enumerated paragraph (a)(13) in 

USML Category IV for loitering 

munitions, as explained in this rule. 

Seven commenting parties 

recommended various changes to USML 

Category IV(b). Specifically, the 

commenting parties recommended the 

exclusion of aircraft modified to launch 

SLVs, the exclusion of parts and 

components not otherwise enumerated, 

consistency with how launch platforms 

are described in other USML categories, 

addressing the absence of launchers for 

articles described in paragraphs (a)(6) 

through (12) of USML Category IV, 

decontrolling articles described therein 

once integrated into an end-item subject 

to the EAR (similar to note 2 to 

paragraph (e) of USML Category XV), 

and revising Category VI to better 

describe the Mark 41 Vertical Launch 

System (MK 41 VLS) as SME. The 

Department proposes revising the 

regulatory text of USML Category IV(b), 

clarifying its scope, and deleting its 

corresponding notes, as previously 

described in this rule. 

Two commenting parties 

recommended changes to paragraph (c) 

of USML Category IV. One suggested 

defining the terms ‘‘apparatus’’ and 

‘‘devices.’’ The Department plans to 

address this issue in a separate 

rulemaking. Both parties recommended 

changes to note 1 to paragraph (c) to 

avoid controlling tanks used to store 

propellants not subject to the ITAR. 

Though the Department declines to 

propose this change at this time, it 

clarifies that certain storage tanks are 

not defense articles. Specifically, only 

those storage tanks with properties 

peculiarly responsible for the handling, 

control, activation, monitoring, 

detection, protection, discharge, or 

detonation of a commodity described in 

USML Category IV(a) or (b) are 

described. For example, this would not 

include general-purpose tanks designed 

to store flammable liquids that are 

subsequently used, unmodified, in 

launch site applications. However, it 

would include a similar tank with 

additional properties to protect against 

damage from launch blasts or debris 

from launch failures. 

One commenting party recommended 

distinguishing between launch 

platforms described in Category IV and 

prominent subassemblies sold 

independently that do not, individually, 

satisfy the control criteria of paragraph 

(b) or (c). The Department declines this 

recommendation and notes the example 

provided was such a prominent 

subassembly of the overall launch 

platform that it likely satisfies the 

definition of a defense article as 

provided in § 120.31. Specifically, it has 

‘‘. . . reached a stage in manufacturing 

where . . . [it is] clearly identifiable by 

mechanical properties, material 

composition, geometry, or function as 

[a] defense [article].’’ 

Four commenting parties 

recommended changes to paragraph 

(h)(11) to more clearly delineate 

between separation systems for 

spacecraft and those for articles 

described in Category IV. The 

Department has not identified a clear 

delineation and assesses that 

implementing a carve-out to the USML 

based solely on end-use would harm 

U.S. national security and foreign policy 

interests. Instead, the Department 

requests public comment on potentially 

exempting certain separation systems 

from licensing requirements in certain 

situations, as reflected in the proposed 

changes to part 126 for connectors. 

One commenting party recommended 

a change to paragraph (h)(14) to remove 

combustion chambers of reaction 

control system thrusters and auxiliary 

systems. The Department declines this 

recommendation. Reaction control 

systems are a vital subassembly of 

articles described in USML Category IV. 

Moreover, the Department is unaware of 

combustion chambers used in an SLV, 

rocket, or missile that would otherwise 

be released by the ‘‘specially designed’’ 

analysis provided at § 120.41(b). The 

only rockets not currently subject to the 

ITAR are those which satisfy the 

definitions of model or high power 

rockets, which do not use such 

combustion chambers. 


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Two commenting parties 

recommended paragraphs (h)(15) and 

(16) be revised to clarify they describe 

injector assemblies and igniter systems, 

respectively, with the additional 

suggestion that the scope of the 

paragraphs be expanded to include 

‘‘catch-all’’ controls as defined in the 

note to paragraph (b) of § 120.41 (to 

describe parts and components 

therefor). The Department concurs 

regarding the inclusion of assemblies to 

clarify scope. However, the Department 

disagrees with including ‘‘catch-all’’ 

controls on the USML for these 

paragraphs. 

One commenting party recommended 

mine launchers be added to paragraph 

(h)(24) to close a gap in jurisdictional 

control. The Department proposes to 

modify paragraph (b) to do so. 

One commenting party recommended 

paragraph (h)(28) be revised to clarify it 

does not control thrusters or actuators in 

attitude control systems since similar 

thruster designs are used in articles 

subject to the EAR. The Department 

declines to do so, since such scenarios 

are already addressed by the inclusion 

of ‘‘specially designed’’ within the 

control text. 

USML Category VI, VII, VIII, and XX 

Conforming Changes 

The Department proposes to modify 

USML Category VI(f)(6) and (7) to avoid 

overlap in controls between those 

paragraphs and the proposed revision 

and intent of Category IV(b). As such, 

the Department proposes to clarify these 

paragraphs only describe certain 

integration equipment, aircraft launch 

and recovery equipment, and certain 

shipborne defensive systems, not 

articles described in Category IV(b). The 

Department further proposes to split 

paragraph (f)(6) into three subordinate 

paragraphs for ease of parsing and 

adjust the ‘‘MT’’ designations for 

consistency with the MTCR Annex. 

Similarly, the Department proposes to 

modify USML Category VII(g)(2) to 

avoid overlap in controls between that 

paragraph and the proposed revision 

and intent of Category IV(b), and 

therefore proposes to clarify paragraph 

(g)(2) only describes articles not already 

described in Category IV(b). 

The Department proposes to add 

USML Category VII(g)(15) and modify 

USML Category VIII(h)(6) to ensure 

items designed for integrating certain 

defense articles are described in the 

same USML category as the platform 

they are being integrated into and to 

avoid ambiguity about whether they are 

controlled in USML Category IV(b). 

Subsequent to these changes, these 

paragraphs will only describe articles 

that assist in the integration between a 

vehicle and either a launching system or 

a self-launching munition. 

USML Category XI 

Monolithic Microwave Integrated 

Circuits (MMICs) 

The Department proposes to modify 

USML Category XI(c)(4) to control the 

MMICs removed from Category XV. The 

proposed change will not change the 

scope of controls on MMICs, but will 

create clarity in controls on the items by 

consolidating regulatory text on MMICs 

under the more appropriate designation 

of military electronics. 

Electronic Assemblies 

The Department proposes to expand 

the scope of items described in 

paragraph (c)(15) of USML Category XI 

by adding electronic parts and 

components capable of operation at 

temperatures in excess of 125 °C and 

specially designed for spacecraft 

described in USML Category XV. The 

Department assesses that such items 

provide a critical military advantage 

commensurate with the electronics 

currently described in that paragraph. 

The Department proposes further 

revisions to paragraph (c)(15) for clarity 

and consistency of the regulatory text 

and ease of use, with no additional 

change in scope of the items described 

therein. 

USML Category XII 

Read-Out Integrated Circuits (ROICs) 

The Department requests comment on 

the potential merits of removing of 

USML Category XII(e)(14), with no 

change in the scope of control. 

Integrated circuits described therein are 

already described in USML Category 

XI(c)(1) and the Department asks 

whether the regulated community sees a 

benefit to retaining USML Category 

XII(e)(14) as a separate entry. 

USML Category XIII 

USML Category XIII(j) describes 

certain materials not elsewhere 

specified on the USML. The Department 

proposes to revise paragraph (j) for 

consistency in the regulatory text, with 

no change in scope, and to add two 

subordinate paragraphs to paragraph (j) 

to describe materials specially designed 

for underwater launch of missiles or 

hostile nuclear radiation environments. 

As missile designs advance, the 

Department assesses these specific types 

of materials provide a critical military or 

intelligence advantage. 

USML Category XV 

Spacecraft 

The Department proposes to revise 

USML Category XV(a) in several ways. 

First, the Department proposes to use 

two § 121.0 definitions, ‘‘spacecraft’’ 

and ‘‘excluded NASA spacecraft,’’ to 

clarify the scope and to simplify its 

subordinate paragraphs. By excluding 

specific NASA spacecraft via the 

proposed definition, the Department 

both facilitates the deletion of notes 2 

and 3 to paragraph (a) (which exclude 

these NASA spacecraft) with no change 

in the scope of control and establishes 

a straightforward mechanism to enable 

the exclusion of certain NASA 

spacecraft in the future. The Department 

further considered excluding 

commercial low Earth orbit (CLEO) 

habitats and assesses doing so is 

unnecessary, as the proposed regulatory 

text does not nominally describe such 

spacecraft. The Department welcomes 

public comment identifying reasons 

CLEO habitats may be inadvertently 

described in proposed paragraph (a), as 

it intends only to describe spacecraft 

that provide a critical military or 

intelligence advantage as set forth in 

§ 120.3(b). 

Additionally, the Department 

proposes to delete the qualifying phrase 

‘‘. . . whether designated 

developmental, experimental, research, 

or scientific, or having a commercial, 

civil, or military end use . . .’’ from 

paragraph (a). Spacecraft described in 

the subordinate paragraphs of paragraph 

(a) are defense articles, regardless of 

intended end-use. The Department 

assesses this intent is sufficiently clear 

without inclusion of this phrase. The 

Department further assesses the current 

note 1 to paragraph (a) is already 

addressed through the ‘‘order of review’’ 

guidance at § 120.11 and proposes to 

delete it as unnecessary. 

The Department considered proposing 

definitions for space probe, space 

vehicle, space capsule, and space 

habitat, but declines to do so at this 

time, and requests comment from 

members of the public who believe 

there is a need to define one or more of 

these terms. 

Detection or Mitigation of a Nuclear 

Detonation 

The Department proposes to modify 

USML Category XV(a)(1) for consistency 

in construction of the control text. 

Detect and Track Objects 

In USML Category XV(a)(2), the 

Department proposes to delete the 

reference to ‘‘imaging, infrared, radar, or 

laser systems,’’ as the function, not the 


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method, provides the critical military or 

intelligence advantage. The Department 

also proposes to replace the reference to 

‘‘ground, airborne, missile or space’’ 

with criteria that describe the 

technology critical to detecting and 

tracking ballistic and cruise missiles, 

launch vehicles, and related payloads 

(missiles, post-boost vehicles, kill 

vehicles, re-entry vehicles, and 

penetration aids). The Department 

assesses that autonomously detecting 

and tracking ground vehicles and 

aircraft via satellite no longer provides 

a critical military or intelligence 

advantage, and that the proposed 

criterion would exclude the tracking of 

all ground objects and most airborne 

objects, thus reducing the scope of the 

control. With this change, the 

Department intends to describe the 

missile defense capability without 

describing space situational awareness, 

orbital debris mitigation, or cooperative 

docking capabilities. 

Spacecraft for Signals Intelligence 

USML Category XV(a)(3) describes 

satellites that conduct certain 

intelligence collection. To clarify the 

intent of the control and consistency in 

construction of the text, the Department 

proposes to modify this paragraph by 

adding a ‘‘specially designed’’ criterion 

to the control text and removing from 

the text the term ‘‘conduct,’’ with no 

change in the scope of the control. 

Constellations 

The Department proposes to modify 

USML Category XV(a)(4) for simplicity 

and consistency in construction of the 

control text. 

Space-Based Weapons 

In USML Category XV, the 

Department proposes to modify 

paragraph (a)(5), which describes 

spacecraft that are anti-satellite or antispacecraft, and paragraph (a)(6), which 

describes spacecraft with space-toground weapon systems, for consistency 

in construction, simplicity, and 

uniformity. The Department proposes 

using the terms ‘space-to-space 

weapons’ and ‘space-to-ground 

weapons’ to differentiate between the 

two entries, and to remove the 

parenthetical example lists as 

unnecessary. 

Spacecraft With Remote Sensing 

Capabilities 

The Department proposes several 

revisions to USML Category XV(a)(7). 

To facilitate purely scientific telescopes, 

the Department considered limiting 

paragraph (a)(7) to Earth-pointing 

spacecraft. It declines to do so, as the 

technology for Earth-pointing and nonEarth pointing spacecraft that satisfy the 

technical criteria in paragraphs (a)(7)(i) 

through (iv) overlaps to a large degree. 

Instead, the Department welcomes 

comments on specific activities that 

might reasonably warrant an exemption 

from certain licensing requirements 

without harming U.S. national security 

or foreign policy interests. 

Within the control text, the 

Department proposes to update the 

threshold for some remote sensing 

capabilities to better reflect the current 

state of technology. In paragraph 

(a)(7)(i), the Department proposes to 

eliminate the spectral band threshold 

and replace the aperture size threshold 

with a threshold on light collecting area, 

in recognition that not all light 

collecting sensors are circular or readily 

described in terms of a physical 

aperture size. The Department also 

proposes to reduce the ground sample 

distance (GSD) requirement in 

paragraph (a)(7)(ii) from 30 meters to 20 

meters. Consistent with the proposed 

definition of ‘‘ground sample distance’’ 

in § 121.0, the GSD requirements apply 

only to a sensor as calibrated. 

The proposed addition of a definition 

for GSD and satellite spectral bandwidth 

in § 121.0 facilitates the Department’s 

proposed removal of notes 1 and 2 to 

paragraph (a)(7). The Department 

further proposes to move the guidance 

from note 3 to paragraph (a)(7) into the 

control text and delete the note. 

Additionally, the Department 

proposes to clarify that when a 

spacecraft incorporates multiple sensors 

that perform the same function, those 

sensors should be assessed in the 

aggregate when adjudicating the 

applicability of this paragraph. 

Radar Remote Sensing 

The Department proposes to modify 

USML Category XV(a)(8) to narrow its 

scope by increasing the bandwidth 

criterion to 500 MHz and to make minor 

changes for consistency in construction 

and clarity. To assist its review of this 

control, the Department further requests 

comments substantiating current 

industry standards for radar remote 

sensing bandwidths, related foreign 

availability of such technology, and any 

radar remote sensing activities the 

Department should consider for an 

additional licensing exemption, similar 

to the list of radiofrequency sensing 

activities proposed for § 126.8(b)(2)(iv). 

Position, Navigation, and Timing 

The Department proposes to modify 

USML Category XV(a)(9) both for 

consistency in construction and to 

clarify the scope is limited to spacecraft 

that generate a position, navigation, and 

timing (PNT) signal, not those that 

augment, amplify, re-broadcast, relay 

the signal or provide a differential 

correction. Subsequent to that change, 

the Department proposes to delete the 

note. 

Autonomous Collision Avoidance 

USML Category XV(a)(10) describes 

spacecraft that autonomously perform 

collision avoidance. In an increasingly 

congested orbital environment, the 

Department assesses many spacecraft 

will have to perform this task, and that 

doing so no longer provides a critical 

military or intelligence advantage. 

Based on that assessment, spacecraft no 

longer warrant inclusion on the USML 

solely due to their ability to 

autonomously avoid collisions. Thus, 

the Department proposes to delete 

USML Category XV(a)(10) and place it 

in reserve to avoid renumbering 

subsequent paragraphs. 

Suborbital Craft 

The Department proposes to modify 

USML Category XV(a)(11) for 

consistency in construction of the 

control text. 

Inspection or Surveillance 

The Department proposes to modify 

USML Category XV(a)(12) to eliminate 

the reference to servicing other 

spacecraft and to narrow the scope of 

the control to only describe surveillance 

spacecraft. Specifically, the Department 

proposes two distinct sets of 

surveillance criteria. The first criterion 

describes spacecraft specially designed 

to take images of another spacecraft 

within a defined angular resolution that 

doesn’t change with distance between 

the detector and the object. The second 

set of criteria describe spacecraft 

specially designed to monitor, follow, 

and record other spacecraft. With this 

change, the Department intends to 

describe the surveillance capability 

without describing space situational 

awareness, orbital debris mitigation, or 

cooperative docking capabilities. 

Note to Paragraph (a)(12) 

With the elimination of servicing from 

paragraph (a)(12), the guidance 

provided in the note to paragraph (a)(12) 

is no longer relevant. It is nominally 

relevant to newly created paragraph 

(a)(14) for spacecraft that noncooperatively dock with other 

spacecraft. However, in new paragraph 

(a)(14) the Department proposes to 

remove the criterion for the type of 

docking system used and, instead, focus 

on the technology required to achieve 

uncooperative docking or grappling. As 


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a result of these proposed changes, the 

Department proposes to delete the note 

to paragraph (a)(12), as it is no longer 

relevant. 

Classified Spacecraft 

The Department proposes to modify 

USML Category XV(a)(13) for 

consistency in construction and 

simplicity of the control text. 

Additions 

The Department proposes to add 

paragraphs (a)(14) through (16). These 

paragraphs designate, respectively, 

spacecraft capable of non-cooperative 

grappling or docking, in-orbit 

construction of other defense articles, 

and deploying multiple spacecraft into 

different orbits. 

The technology required to facilitate 

non-cooperative docking is likely to be 

used in an adversarial manner. A 

spacecraft capable of in-orbit 

construction of other defense articles 

represents a critical logistical advantage. 

And spacecraft that can rapidly deploy 

multiple spacecraft into multiple 

different orbits provide a critical 

military or intelligence advantage when 

compared to commercial systems that 

may be able to achieve the same result 

over a much longer timeframe. 

Articles Jettisoned From Another 

Spacecraft 

The Department proposes to move 

USML Category XV(e)(20) to paragraph 

(a)(17) and then modify the control text 

for clarity and consistency in 

construction of the control text. The 

Department proposes to simplify it by 

moving the required characteristics to 

three subordinate paragraphs for 

guidance, navigation, and control (GNC) 

systems, attitude control systems, and 

propulsion systems, respectively. 

Ground Control Systems 

The Department proposes to modify 

the text in USML Category XV(b) for 

simplicity by eliminating references to 

‘‘telemetry, tracking, and control’’ since 

the Department assesses those functions 

effectively encompass the entirety of a 

ground station’s purpose and are, 

therefore, redundant. 

The Department assesses the current 

note to paragraph (b) is unnecessary and 

proposes to delete it. Paragraph (b) only 

describes systems and simulators, 

includes a specially designed criterion, 

and does not include a catch-all control. 

The Department assesses the proposed 

text of paragraph (b), the order of review 

at § 120.11, and the specially designed 

definition at § 120.41 would render the 

note superfluous. 

Movement of Systems 

The Department proposes to move the 

following systems within USML 

Category XV to paragraph (c): 

cryocoolers and cold finger systems, 

active vibration suppression systems, 

and attitude determination and control 

systems. These changes align with the 

Department’s intended USML structure, 

as described in § 120.10, with end-item, 

system, and equipment controls 

generally listed prior to paragraphs 

dedicated to parts, components, 

accessories, and attachments. 

Active Cooling Systems 

The Department proposes to relocate 

USML Category XV(e)(4) to paragraph 

(c)(1), along with several modifications 

to the control text. The Department 

proposes to replace the requirement that 

the cooling system be space-qualified 

with a ‘‘specially designed’’ criterion. 

The Department assesses that, for 

certain technologies, space qualification 

is no longer the best discriminator, since 

all spacecraft and equipment, parts, and 

components are essentially spacequalified by default and designed, 

manufactured, or tested for operation in 

space. Elimination of this term would 

also minimize assertions that articles 

otherwise described by the USML are 

subject to the EAR based solely on the 

intentional avoidance of qualification. 

Additionally, the Department 

proposes to explicitly state that the 

paragraph describes only active cooling 

systems. This will be accomplished by 

moving the qualifier ‘‘active’’ from the 

parenthetical reference to the beginning 

of the paragraph. The Department 

assesses this does not change the scope 

of the controls since the two types of 

articles listed in the parenthetical 

reference are both active systems. 

Vibration Suppression Systems 

The Department proposes to relocate 

USML Category XV(e)(5) to paragraph 

(c)(2), along with several modifications, 

including replacing the requirement that 

the articles described therein be spacequalified with a ‘‘specially designed’’ 

criterion based on the same rationale 

used for active cooling systems. The 

Department also proposes to move the 

examples provided in the text of 

paragraph (e)(5) to a parenthetical list in 

paragraph (c)(2) for clarity. 

Attitude Determination and Control 

Systems 

The Department proposes to relocate 

USML Category XV(e)(10) to paragraph 

(c)(3), along with minor modifications 

for consistency in construction and 

enhanced clarity of the control text. The 

Department proposes to move the 

reference to ‘‘specially designed parts 

and components’’ to the end of the 

paragraph’s text, as the accuracy 

requirements in the control text apply to 

the attitude control systems overall, and 

not to the parts and components of 

those systems. Additionally, the 

Department proposes to clarify the 

existing threshold of ‘‘better than’’ 

means ‘‘less than’’ in the context of the 

control and to move that qualifying 

regulatory text to each of the 

subordinate paragraphs, alongside the 

values for the control criteria. 

Consistent with the Department’s intent 

to regulate technologies in space 

consistent with how it regulates them 

on Earth, the Department proposes to 

add ‘‘or equivalent’’ to each orbital 

accuracy criterion to account for 

systems designed to provide the same 

performance while orbiting celestial 

bodies other than the Earth. 

Thermal Protection Systems (e.g., Heat 

Shields and Heat Sinks) 

USML Category XV(e)(19) describes 

heat shields and heat sinks for 

spacecraft. The Department proposes to 

move this text to new paragraph (c)(4) 

and revise it to clarify the scope extends 

beyond traditional heat shields to more 

complex thermal protection systems and 

to better distinguish it from a related 

paragraph in USML Category IV. 

Further, the Department proposes to 

designate the entire entry ‘‘MT,’’ based 

on an assessment that all such articles 

designed for atmospheric re-entry can 

be deployed on MTCR Category I 

systems. 

Regarding the similar paragraph 

describing spacecraft heat shields in 

Category IV, the Department requests 

public comment on any perceived 

benefits and drawbacks to consolidating 

these two heat shield paragraphs under 

Category XIII. 

Spacecraft Propulsion 

The Department proposes to relocate 

the spacecraft propulsion system 

paragraphs in USML Category XV from 

paragraphs (e)(11) and (12) to new 

paragraph (d), consistent with its intent 

to limit the scope of paragraph (e) to 

parts, components, accessories, and 

attachments. Doing so would make 

USML Category XV consistent with 

USML Category IV in providing a 

dedicated paragraph (d) for propulsion 

systems. 

The Department proposes to relocate 

the nuclear and electric propulsion and 

power assemblies described in 

paragraph (e)(11)(i) through (iii) to 

paragraphs (d)(1) through (3) and 

modify the control text for simplicity 

and consistency with the current state of 


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technology by replacing the reference to 

‘‘space-based systems’’ with the more 

specific ‘‘propulsion systems’’ and 

‘‘power systems.’’ Similar systems 

designed for applications other than 

spacecraft are excluded by the proposed 

text of paragraph (d). 

The Department proposes to move ion 

propulsion systems described in 

paragraph (e)(11)(iv) to paragraph (d)(4), 

adjust upward the thrust and specific 

impulse criteria, and adjust upward the 

input power criterion, thereby removing 

from the USML certain systems the 

Department assesses no longer provide 

a critical military or intelligence 

advantage. 

The Department proposes to move the 

non-nuclear propulsion assemblies 

described in paragraph (e)(12) to 

paragraph (d)(5) and to modify the 

control text for consistency in 

construction and clarity of the control 

text by replacing the term ‘‘thrusters’’ 

and the accompanying examples with to 

the term ‘‘non-nuclear propulsion 

systems,’’ with no change to the scope 

of the control. 

Spacecraft Parts, Components, 

Accessories, and Attachments 

The Department proposes two minor 

revisions to the text of USML Category 

XV(e). First, the Department proposes to 

remove the reference to equipment and 

systems, reflecting the proposed 

movement of those articles to a 

paragraph dedicated to systems and 

equipment. Second, the Department 

proposes to clarify the scope of 

paragraph (e) by limiting the parts, 

components, accessories, and 

attachments described therein to those 

that are for spacecraft. 

Antennas 

The Department proposes to narrow 

the scope of USML Category XV(e)(1) by 

adding a minimum operational 

frequency, thereby removing from the 

USML certain antennas the Department 

assesses no longer provide a critical 

military or intelligence advantage. 

Additionally, the Department proposes 

minor modifications to paragraphs 

(e)(1)(i) through (iv) for clarity and 

consistency within the control text. 

Optics 

The Department proposes multiple 

modifications to USML Category 

XV(e)(2). First, the Department proposes 

to remove ‘‘space-qualified’’ because the 

Department assesses the underlying 

technology provides a critical military 

or intelligence advantage regardless of 

the environment in which the optics are 

used. Second, the Department proposes 

to modify the subordinate paragraphs to 

better describe optics that are not 

circular in nature by replacing the 

requirement for aperture dimension in 

paragraph (e)(2)(i) with an individual 

light collecting area threshold. Third, 

the Department proposes to replace 

paragraph (e)(2)(ii) with regulatory text 

that describes passive optics to 

complement the active optics described 

in paragraph (e)(2)(i). Additionally, the 

Department proposes to add paragraph 

(e)(2)(iii) to describe X-ray optics with 

performance capability criteria for 

effective collecting area and angular 

resolution. 

Focal Plane Arrays 

USML Category XV(e)(3) describes 

certain space-qualified focal plane 

arrays. The Department proposes to 

remove the parts control for readout 

integrated circuits, as integrated circuits 

specially designed for defense articles 

are already described in USML Category 

XI(c). The Department also proposes to 

replace the ‘‘space-qualified’’ criterion 

with a specially designed criterion, for 

the same reasons it proposes adjusting 

similar criteria for other space-qualified 

articles described in Category XV. 

Optical Bench Assemblies 

The Department proposes minor 

modifications to USML Category 

XV(e)(6) for consistency in construction 

of the control text, with no intended 

change in the scope of control. 

Directed Energy Systems 

The Department proposes to remove 

and reserve USML Category XV(e)(7). 

Kinetic energy weapon systems and 

directed energy weapon systems are 

already described in Categories II and 

XVIII, respectively, and each includes a 

catch-all control. Moreover, the order of 

review at § 120.11 provides that those 

control paragraphs each supersede 

Category XV(e)(7) due to their SME 

designations. This proposed revision is 

also consistent with the Department’s 

intent to regulate space systems the 

same way it regulates ground-based 

systems. 

Control Moment Gyroscopes 

The Department proposes to remove 

certain gyroscopes, which no longer 

provide a critical military or intelligence 

advantage, from USML Category 

XV(e)(13) by adding additional 

performance criteria on the minimum 

angular momentum and torque provided 

by the gyroscopes. 

Monolithic Microwave Integrated 

Circuits (MMICs) 

As described elsewhere in this rule, 

the Department proposes to remove and 

reserve USML Category XV(e)(14) and to 

modify Category XI(c)(4) so all MMICs 

are described therein, with no change to 

the scope of controls on MMICs. 

Oscillators for Radar 

The Department proposes to modify 

USML Category XV(e)(15) by clarifying 

the scope and replacing the ‘‘space 

qualified’’ criterion with a ‘‘specially 

designed’’ criterion for the same reasons 

the Department proposes adjusting 

similar criteria for other space-qualified 

articles described in Category XV. The 

Department further proposes to clarify 

that paragraph (e)(15) describes 

oscillators specially designed for either 

spacecraft described in paragraph (a) or 

payloads described in paragraph (h)(17), 

with no change in the scope of the 

control. 

Star Trackers 

The Department proposes to modify 

USML Category XV(e)(16) by removing 

the ‘‘space qualified’’ requirement. The 

Department assesses that the 

performance requirements currently 

specified provide a critical military or 

intelligence advantage regardless of the 

environment in which they are used. 

Primary, Secondary, or Hosted Payloads 

The Department proposes to modify 

USML Category XV(e)(17) for simplicity 

and consistency of construction of the 

control text by replacing the current 

term ‘‘primary, secondary, or hosted 

payload,’’ which describes any payload 

in the complete set of all payloads, with 

the term ‘‘payload.’’ 

Notes to USML Category XV(e)(17) 

In USML Category XV, note 1 to 

paragraph (e)(17) defines different types 

of payloads. The Department proposes 

to relocate these to § 121.0, thereby 

facilitating the deletion of the note, and 

to revise the definitions for clarity and 

consistency in construction of the 

control text. The first portion of note 2 

to paragraph (e)(17) covers the 

integration of hosted payloads described 

in paragraph (e)(17) into spacecraft 

subject to the EAR by noting the export 

jurisdiction of the spacecraft does not 

change based on the hosted payload’s 

incorporation, while the second portion 

of the note excludes certain payloads for 

the James Webb Space Telescope. The 

Department proposes to move the first 

portion of the note to the proposed 

exemption at § 126.8(d). The 

Department proposes to exclude the 

James Webb Space Telescope from the 

USML via the definition for ‘‘excluded 

NASA spacecraft’’ and the text of USML 

Category XV(a). Thus, the Department 

proposes to delete note 2 as well. 


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Payloads Developed with Department of 

Defense Funding 

The Department proposes to modify 

USML Category XV(e)(18) for 

consistency in construction of the 

control text. Additionally, the 

Department proposes to expand the 

control by removing the ‘‘secondary or 

hosted’’ qualifier so all payloads funded 

by the Department of Defense (DoD), 

and specially designed parts and 

components therefor, are described 

therein. 

Note to USML Category XV(e)(19): The 

Department proposes to remove the note to 

USML Category XV(e)(19) because the 

proposed § 121.0 definitions replace the note. 

Addition of USML Category XV(e)(22) 

The Department proposes to add a 

new paragraph at USML Category 

XV(e)(22) for technologies that facilitate 

the signature reduction of in-orbit 

spacecraft observations. The proposed 

regulatory text reflects the Department’s 

intent to exclude technology used only 

to minimize light pollution, as seen 

from the ground. 

Notes USML Category XV(e): The 

Department proposes to eliminate note 1 to 

USML Category XV(e), as the jurisdiction of 

articles not described in paragraph (e) is 

already addressed in the order of review at 

§ 120.11. Note 2 to paragraph (e) delegates 

the licensing of articles described in 

paragraph (e) when integrated into a 

spacecraft subject to the EAR. The 

Department proposes a licensing exemption 

in § 126.8 to codify this exemption and to 

facilitate the deletion of note 2. The 

Department also proposes to delete notes 3 

and 4 to paragraph (e), as the proposed 

revisions to USML Category XV remove all 

but one reference to space-qualified and the 

Department assesses notes 3 and 4 are no 

longer required to identify space-qualified 

atomic clocks. 

Technical Data and Defense Services 

The Department proposes to modify 

USML Category XV(f) by incorporating 

guidance currently provided in notes 1 

through 3 to paragraph (f), which is not 

already included in the definition of 

technical data at § 120.33 or the 

proposed definition of ‘‘spacecraft 

housekeeping data and output at 

§ 121.0.’’ The Department also proposes 

to delete the explanatory information 

regarding defense services found in the 

control text, as it assesses such 

information does not provide 

substantial guidance beyond the order 

of review provided at § 120.11 and the 

USML text, and similar redundancy is 

not provided in other USML Categories. 

The Department is also considering, 

and requests public comment on, 

whether to retain the broad exclusion 

for future sensor outputs in its proposed 

definition of ‘‘spacecraft housekeeping 

data and output’’ at § 121.0. The 

Department assesses that such 

information may no longer need to be 

transmitted in unencrypted form due to 

advances in encryption technology size, 

weight, power consumption, 

performance capability, and cost and 

launch costs. Additionally, the 

Department updated § 120.54(a)(5) in a 

prior rulemaking to exclude the 

sending, taking, or storing of technical 

data from the definition of ‘‘export,’’ 

when secured using end-to-end 

encryption in certain circumstances. In 

considering whether and how to narrow 

that exclusion, the Department is also 

considering reasonable safe harbor 

provisions for systems that previously 

entered development, to minimize 

disruptions to existing projects. 

Consideration of Prior Public Comments 

on USML Category XV 

As discussed earlier in this proposed 

rule, twenty-five parties filed comments 

requesting changes in response to 84 FR 

8486 (RIN 1400–AE73), which were 

reviewed and considered by the 

Department, in consultation with other 

U.S. Government departments and 

agencies. A summary of the comments 

related to USML Category XV follows: 

Seven commenting parties 

recommended USML Category XV be 

revised to clarify it does not describe 

either the Lunar Gateway or unmanned 

probes used in conjunction with the 

Lunar Gateway. As described in this 

rule, the Department proposes a 

licensing exemption in § 126.8 to 

support Lunar Gateway. 

One commenting party recommended 

USML Category XV be revised to clarify 

it does not describe celestial landers. 

The Department’s proposed spacecraft 

definition in § 121.0 provides related 

exclusions commensurate with the 

Department’s intent to regulate articles 

based on technology employed, not 

intended location of use. 

Two commenting parties 

recommended the itemization of NASA 

programs and their respective 

jurisdictions and classifications. The 

Department declines to do so, as NASA 

and the entities supporting NASA 

programs are responsible for their 

respective export compliance analyses. 

The Department further notes that 

programs, in and of themselves, are not 

subject to export controls; rather, the 

technologies involved in the programs 

are subject to export controls. 

One commenting party recommended 

narrowing USML Category XV(a)(2) 

controls on spacecraft that detect certain 

moving objects by removing the term 

‘‘space objects.’’ The Department 

declines to do so and proposes updates 

to clarify and reduce the scope of this 

control consistent with U.S. national 

security and foreign policy equities. 

Another commenting party 

recommended an exception for NASA 

programs that utilize technology 

described in USML Category XV(a)(2). 

Following coordination with NASA, the 

Department proposes a list of ‘‘excluded 

NASA spacecraft’’ in § 121.0 and a 

licensing exemption for certain NASA 

spacecraft at § 126.8(a). The Department 

intends these tools to evolve as NASA 

programs evolve. 

One commenting party recommended 

the term ‘‘constellation’’ be deleted from 

USML Category XV(a)(4) to account for 

commercial communication satellites 

that might otherwise be described 

therein. The Department proposes 

modifications to clarify the scope of the 

control. 

Seven commenting parties 

recommended changes to USML 

Category XV(a)(7), including using 

different measurement thresholds and 

excluding non-Earth-pointing optical 

telescopes. The Department proposes a 

change to the ground sample distance 

requirement for paragraph (a)(7)(ii) but 

assesses the technology described in 

paragraph (a)(7) is fundamentally the 

same regardless of a spacecraft’s 

orientation. As the jurisdiction of 

technical data and services generally 

follow the jurisdiction of the defense 

article they are directly related to, the 

Department thus declines to exclude 

non-Earth-pointing telescopes. The 

Department proposes to facilitate certain 

space-related fundamental research 

using defense articles through licensing 

exemptions in § 126.8(b) and (c), and 

requests public comment on additional 

ways to consider facilitating activities 

related to space-based scientific 

telescopes while accounting for U.S. 

national security and foreign policy 

equities. 

One commenting party recommended 

excluding space vehicles that 

incorporate USML Category XV(a)(8) 

technology and can land on celestial 

bodies. The Department declines to do 

so, consistent with its intent to regulate 

technology in space in the same manner 

as it regulates it on Earth. 

One commenting party recommended 

an exception for commercial satellites 

otherwise described in USML Category 

XV(a)(10), asserting that collisionavoidance technology will likely be 

required for all spacecraft once large 

communication constellations are in 

orbit. The Department agrees, and in 

response proposes to delete paragraph 

(a)(10) in its entirety. 


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Three commenting parties 

recommended adding a note to USML 

Category XV(a)(11) to clarify propulsion 

systems for such spacecraft are 

described elsewhere in Category XV. 

The Department assesses this is 

unnecessary as the paragraph currently 

provides specific reference to 

propulsion systems described in 

Categories IV and XV. 

One commenting party recommended 

the exclusion of crewed suborbital 

vehicles used for space tourism from 

USML Category XV(a)(11). The 

Department notes that doing so would 

also exclude the technical data and 

services directly related to the vehicles, 

and instead proposes a licensing 

exemption in § 126.8(c). This approach 

maintains the technology on the USML 

that provides a critical military or 

intelligence advantage, while exempting 

the licensing requirements for certain 

activities directly related to those 

technologies. 

Seven commenting parties made 

recommendations regarding the 

inspection, surveillance, and servicing 

spacecraft described in USML Category 

XV(a)(12), including deletion of the 

control, defining the term ‘‘service,’’ 

excluding commercial spacecraft, and 

expanding the docking systems 

excluded by the related note. The 

Department proposes to revise the 

‘‘inspection and surveillance’’ control in 

paragraph (a)(12), remove the 

‘‘servicing’’ control, move the ‘‘docking’’ 

control into a new USML Category 

XV(a)(14). The Department further 

proposes to clarify the intended scope of 

paragraph (a)(14) by removing 

references to specific docking standards 

and focusing on the technology of 

interest, namely the ability to grapple or 

dock with another spacecraft using 

certain means. 

One commenting party requested the 

Department resolve a perceived 

inconsistency between the notes to 

paragraphs (a) and (e)(17) of USML 

Category XV to make clear a spacecraft 

that incorporates a classified payload 

remains subject to the EAR unless the 

overall spacecraft is classified for 

national security purposes. Category 

XV(a)(13) describes spacecraft that ‘‘. . . 

contain classified . . . hardware.’’ Note 

1 to paragraph (a) stipulates EAR 

spacecraft remain subject to the EAR 

‘‘. . . even if defense articles described 

on the USML are incorporated therein, 

except when such incorporation results 

in a spacecraft described in this 

paragraph.’’ Thus, this text provides that 

incorporation of a classified payload 

would render any spacecraft a defense 

article. However, note 2 to paragraph 

(e)(17) provides that a hosted payload 

performing a function described in 

paragraph (a) does not alter the 

jurisdiction of the satellite it is 

incorporated into. 

The Department understands the 

perceived discrepancy but notes that 

hosted payloads that are classified do 

not ‘‘perform a function’’ described in 

paragraph (a). Thus, the Department 

assesses there is no conflict between the 

two paragraphs. As the intent of note 2 

to paragraph (e)(17) is to facilitate 

hosted DoD payloads on spacecraft 

otherwise subject to the EAR, the 

Department proposes to modify 

paragraph (a)(13) to exclude spacecraft 

described solely because of the 

inclusion of a hosted payload that is 

classified by DoD for national security 

reasons. 

Three commenting parties 

recommended two specific changes to 

USML Category XV(b): the exclusion of 

superficial access to training simulators 

and that the text ‘‘space vehicles or 

other vehicles’’ be added to the note to 

paragraph (b). The Department declines 

to add the term ‘‘superficial,’’ as it could 

create ambiguity and proposes to delete 

the note to paragraph (b), as the 

guidance it contains is already 

addressed through the ‘‘specially 

designed’’ guidance at § 120.41 and the 

‘‘order of review’’ guidance at § 120.11. 

One commenting party requested 

clarification of the controls on optical 

and radar systems within the context of 

their use in either Earth-based or spacebased platforms. In response, the 

Department proposes to move USML 

Category XV systems and equipment to 

paragraph (c) and adjust the text of 

paragraphs (c) and (e) to require articles 

to be for spacecraft. The Department 

further notes that certain radar and 

optical system controls are also located 

in USML Categories XI and XII, 

respectively. 

Three commenting parties 

recommended either removing USML 

Category XV(e)(1) or updating the 

technical thresholds to remove antennas 

used for commercial applications. The 

Department proposes changes to the 

performance parameters listed in 

paragraph (e)(1) and notes the antennas 

described on the USML are critical 

elements for spacecraft described in 

Category XV and provide a critical 

military or intelligence advantage. 

However, the Department requests 

public comment on any civil 

applications it should consider for 

inclusion in its proposed exemption at 

§ 126.8(b). 

One commenting party recommended 

revising USML Category XV(e)(2) to 

both avoid controlling optics based 

solely on aperture size and to exclude 

non-Earth observing instruments. The 

Department assesses aperture size 

remains an important criterion and 

proposes changes to paragraph (e)(2) to 

remove references to specific 

geometries, as some apertures are not 

circular. Additionally, the Department 

proposes to modify paragraph (a)(7), as 

detailed in the preamble of this rule 

under the heading ‘‘Spacecraft with 

Remote Sensing Capabilities.’’ Since 

paragraph (e)(2) describes articles 

specially designed for satellites 

described in paragraph (a), the proposed 

changes to paragraph (a)(7) are directly 

applicable. 

For USML Category XV(e)(5), one 

commenting party recommended 

providing control parameters for active 

vibration suppression systems, 

distinguishing between vibration 

suppression and image stabilization, 

and clarifying that commercial systems 

that subsequently become spacequalified are not subject to the ITAR. 

The Department declines to narrow this 

paragraph, or to draw a distinction 

between vibration suppression and 

image stabilization. Also, note 3 to 

paragraph (e) notes that commercial 

systems that are subsequently spacequalified are subject to the ITAR. 

Separately, the Department proposes to 

eliminate the criterion that active 

vibration suppression systems be spacequalified for reasons discussed 

elsewhere in this rule. 

Six commenting parties 

recommended electric propulsion, as 

described in USML Category XV(e)(11), 

be either removed from the USML or 

revised to include a higher thrust 

threshold. The Department proposes to 

adjust upward the thrust and specific 

impulse criteria (from 300 to 400 milliNewtons, and from 1,500 to 1,900 

seconds, respectively), and to remove 

the input power criterion, thereby 

removing from the USML certain 

systems the Department assesses no 

longer provide a critical military or 

intelligence advantage. 

Four commenting parties 

recommended removal of bi-propellant 

and monopropellant thrusters in USML 

Category XV(e)(12) or, at a minimum, a 

distinction between thrusters used for 

spacecraft and thrusters used for 

rockets. The Department declines to 

remove thrusters from the USML, as 

they continue to provide a critical 

military or intelligence advantage and 

proposes updates to the text of 

Categories IV and XV to clearly 

delineate between those propulsion 

systems for use with rockets and those 

for spacecraft. 

Four commenting parties 

recommended removing star trackers 


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from USML Category XV(e)(16) or, at a 

minimum, updating the control with 

performance parameters based on 

technology advancements. The 

Department declines to remove star 

trackers from the USML as they 

continue to provide a critical military or 

intelligence advantage and welcomes 

public comments substantiating a 

recommended change in performance 

parameters. 

One commenting party recommended 

removing detachable equipment 

described in USML Category XV(e)(20), 

asserting such technologies are an 

important element of human space 

exploration. The Department 

acknowledges the significance of this 

technology to both human space 

exploration and to sectors not related to 

human spaceflight. The Department 

proposes to address this concern via the 

combination of definitions, revisions, 

exclusions, and licensing exemptions 

proposed in this rule. 

Two commenting parties 

recommended adding a note to USML 

Category XV(f) to exclude from ‘‘defense 

services’’ the launch of a foreign 

payload for scientific or commercial 

research on a space launch vehicle, 

spaceplane, or spacecraft. The 

Department notes the national origin of 

an article is immaterial to the definition 

of defense services and that the launch 

provider is not best positioned to 

determine the scientific, commercial, or 

military nature of a foreign payload. 

However, the Department proposes two 

exemptions supporting fundamental 

research at § 126.8(b) and (c). 

Four commenting parties 

recommended excluding from USML 

Category XV(f) information regarding 

general foreign spaceport requirements 

related to hangar size and building 

requirements, apron and runway width 

and length, ground support equipment, 

vehicle processing and fueling, nitrous 

oxide storage and loading, chemical 

handling and storage, and other basic 

facility-related information. The 

Department assesses the scope of the 

request is too broad for a discrete 

exclusion from the USML. Instead, each 

of these articles is best assessed through 

the order of review at § 120.11 and the 

technical data definition at § 120.33. 

Two commenting parties 

recommended excluding foreign space 

flight participant activities related to 

scientific or commercial research or 

foreign payload management or 

observation from USML Category XV(f). 

The Department assesses the underlying 

concern is adequately addressed 

through the order of review at § 120.11 

and the proposed exclusions for human 

spaceflight preparations in this rule. 

Two commenting parties 

recommended the exclusion of certain 

mission analyses from USML Category 

XV(f), such as load analyses and threebody trajectory planning tools. The 

Department assesses the order of review 

at § 120.11 in combination with the 

regulatory text of the USML, addresses 

this comment. 

One commenting party recommended 

USML Category XV(f) be amended to 

remove Defense Technology Security 

Administration monitoring conditions 

for a foreign party’s integration of an 

EAR-controlled satellite to a launch 

vehicle using a standard deployer or 

separation mechanism, where no U.S. 

person is present during the integration. 

The Department notes no such 

monitoring conditions exist on the 

USML. The referenced monitoring 

conditions, required under Public Law 

105–261, are outside the scope of this 

rulemaking. 

One commenting party recommended 

the expansion of note 1 to USML 

Category XV(f) to exclude technical data 

directly related to articles integrated 

into a satellite or spacecraft instead of 

just satellites. The Department proposes 

to delete note 1 to paragraph (f) as 

described in this rule. 

Two commenting parties 

recommended excluding from the ITAR 

both the payloads brought into the cabin 

of a crewed space vehicle and the 

monitoring and managing of those 

payloads. The Department assesses the 

order of review at § 120.41 adequately 

addresses most of the scenarios 

associated with this comment. 

Furthermore, the Department proposes 

to define ‘‘spacecraft’’ in § 121.0 which, 

in its current proposed form, excludes 

‘‘any article designed to operate 

exclusively inside a spacecraft.’’ 

Moreover, unless the crewed spacecraft 

is described in paragraph (a), it also 

would not be a defense article described 

in Category XV. As a result, the 

Department assesses a payload 

transported in the cabin of a crewed 

space vehicle would not likely be 

described on the USML as a discrete 

spacecraft or as a payload associated 

with the spacecraft. However, if the 

payload in the cabin were otherwise 

described on the USML, it would 

remain a defense article. 

One commenting party recommended 

expanding note 3 to paragraph (f) of 

USML Category XV to clarify satellite 

imagery is neither subject to the ITAR 

or EAR when the data is collected from 

a NOAA-licensed Earth imaging 

satellite. The Department declines to do 

so and assesses the order of review at 

§ 120.11 and technical data definition at 

§ 120.33, in combination with the 

regulatory text of the USML, address 

this comment. 

Six commenting parties 

recommended detailed definitions for 

space launch vehicles, rockets, and 

missiles, as well as a distinction 

between space vehicles and space 

launch vehicles. The Department has 

proposed a detailed definition of 

spacecraft. However, the Department 

declines to define rockets, space launch 

vehicles, and missiles within the ITAR, 

and notes that common dictionary 

definitions of these terms exist. 

Four commenting parties 

recommended a note be added to 

Categories IV and XV to clarify crewed 

space vehicles are not subject to MT 

control. The Department declines to do 

so. Any crewed spacecraft on the USML 

would likely be described in paragraph 

(a) of USML Category XV; however, 

none of the subordinate paragraphs of 

(a) are designated as MT or proposed for 

designation as MT by this rule. As such, 

the Department assesses adding an 

exclusionary note is unnecessary. 

One commenting party recommended 

excluding crewed or crew-tended 

systems from USML Category XV. While 

certain crewed platforms are excluded 

within the regulation and the proposals 

in this rule, the Department assesses the 

presence of crew members, by itself, is 

not a useful criterion for determining 

whether a spacecraft warrants 

designation as a defense article as 

provided at § 120.3. 

One commenting party recommended 

excluding defense articles and defense 

services described by USML Category 

XV but fabricated only for fundamental 

research purposes. The Department 

notes an exclusion for fundamental 

research is currently provided in 

§ 120.34(a)(8). However, that exclusion 

from the technical data definition is 

limited to certain basic and applied 

research conducted at specific 

institutions in the United States. 

Extending those provisions to the design 

and development of a defense article 

would be incompatible with both the 

current exclusion and the definition of 

defense service at § 120.32. However, 

the Department proposes to exempt 

certain suborbital and on-orbit research 

in § 126.8, and requests public comment 

on the perceived risks and benefits of 

doing so. 

One commenting party recommended 

an exemption allowing DDTC registered 

persons to ship defense articles from the 

United States to international waters. 

The Department notes this is an export 

under the ITAR, and a broad exemption 

of this nature would present a 

proliferation risk. The Department asks 

for public comment on any specific, 


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narrowly-tailored scenarios for the 

Department to consider creating an 

exemption for, that would provide 

significant benefit to the U.S. space 

industry. 

One commenting party recommended 

an exemption for the transfer of 

technical data and defense services that 

occur outside the atmosphere. The 

Department declines to do so, as a broad 

exemption of this nature would present 

a proliferation risk. 

Two commenting parties 

recommended some or all technology 

and information related to commercial 

satellite servicing be removed from the 

USML. The Department declines to do 

so and assesses the order of review at 

§ 120.11 and technical data definition at 

§ 120.33, in combination with the 

regulatory text of the USML, address 

this comment. 

One commenting party asserted 

industry did not see a cost benefit to 

prior export control reforms and future 

rulemaking efforts should minimize 

overlapping authorizations for a given 

program. The Department welcomes 

specific recommendations to address 

this perception, and notes multiple 

agencies have jurisdiction over separate 

aspects of space programs, given their 

mandates and delegated authorities. 

Two commenting parties 

recommended changes to the MTCR and 

MT designations within the USML. 

Specifically, they recommended 

updating the MTCR annex, removing 

‘‘specially designed’’ and other nontechnical modifiers from MT 

descriptions and adding specific 

references to the MTCR annex. The 

Department declines to do so and notes 

the USML is not determinative in 

identifying whether a specific article is 

subject to the MTCR, and that a version 

of the MTCR Annex was previously 

removed from the ITAR. MT designation 

on the USML support the U.S. 

implementation of its commitments 

under the MTCR. 

Two commenting parties 

recommended the definition of ‘‘export’’ 

at § 120.50 be revised to exclude 

encrypted data. The Department 

previously addressed this issue through 

§ 120.54(a)(5), which excludes the 

sending, taking, or storing of technical 

data from the definition of ‘‘export’’ at 

§ 120.50 when secured using end-to-end 

encryption in certain circumstances. 

‘‘End-to-end encryption’’ is defined at 

§ 120.54(b)(1), and further information 

on this topic can be found throughout 

§ 120.54, which should be consulted to 

prevent unauthorized exports of 

technical data. 

Part 126 Licensing Exemptions 

The Department proposes to exempt 

certain articles that continue to warrant 

description on the USML from ITAR 

licensing requirements in certain 

circumstances. The Department outlines 

these exemptions in the proposed 

additions to part 126. The proposed 

changes, while intended to be selfexplanatory, were discussed in detail at 

the beginning of this rule. The 

Department requests comment on 

whether the provisions are clear or 

whether they might benefit from further 

explanation. The practical effect of these 

proposed changes will be their 

continued regulation as defense articles, 

along with directly related technical 

data and defense services, while 

allowing for increased coordination and 

collaboration without a license for 

certain pre-approved activities. 

Updating of Licenses and Agreements 

As part of the Department’s USML 

modernization efforts, the USML 

classification for some defense articles 

is changing, which will eventually 

require exporters to update their records 

to reflect the new classification. 

Consistent with prior revisions of USML 

categories, additional guidance that 

address specific licensing scenarios will 

be provided on DDTC’s website. 

Request for Comments 

Comments Requested 

Consistent with its ongoing USML 

review process, the Department is 

requesting public comments on the 

revisions described in this rulemaking. 

In particular, the Department is 

requesting comment on ways to 

streamline the descriptions and criteria 

on the USML for these items, so that it 

may continue to protect U.S. national 

security and foreign policy interests 

while benefitting U.S. industry and 

international partners. Describing items 

more precisely could lower 

administrative burdens and regulatory 

compliance costs and present an 

opportunity for increased exports, thus 

bolstering the U.S. commercial sector 

and industrial base. 

The Department encourages the 

public to provide comments directly 

related to this proposed rule and 

responsive to the questions presented. 

To facilitate timely review and 

assessment, comments should be 

provided in a concise sentence or 

paragraph, followed by supporting 

explanatory paragraphs and examples, 

with each distinct comment treated 

separately (as opposed to multiple 

comments in one paragraph or section). 

In addition to questions presented 

elsewhere in the preamble, the 

Department requests comments focused 

on the following questions: 

1. Are there articles, services, or 

technical data closely related to these 

revisions that warrant ITAR control, but 

are currently either not described on the 

USML, or not described with sufficient 

clarity? If so, please provide examples 

and a concise explanation. 

2. Is the technology required to refuel 

a space launch vehicle in orbit 

distinguishable from the technology 

required to refuel a spacecraft? If so, 

what characteristics, functions, or 

performance criteria may differentiate 

the two technologies? 

3. Are there specific articles, services, 

or technical data described on the 

USML following these revisions that are 

also described by another existing 

paragraph on the USML? If so, please 

identify the relevant paragraph(s), and 

provide a concise explanation. 

4. Are there specific articles, services, 

or technical data described on the 

USML following these revisions that 

are, or have previously been, in normal 

commercial use, that were previously 

transitioned to another agency’s 

jurisdiction, or that were previously 

determined not to be subject to the ITAR 

via a Commodity Jurisdiction 

determination? If so, please include 

supporting documentation. 

5. Are there specific articles, services, 

or technical data described on the 

USML following these revisions for 

which civil use is proposed, intended, 

or anticipated in the next five years? 

Please include supporting 

documentation and a point of contact 

familiar with the details. 

6. Are there specific functions, 

performance levels, or characteristics 

related to these revisions that could 

better: 

a. Distinguish between the articles 

that do, and do not, warrant ITAR 

control; or 

b. Delineate the criteria for control, in 

lieu of using the defined term ‘specially 

designed?’ 

7. Are these revisions unclear in any 

way, or can they be more concisely 

stated? For example, please identify 

any: 

a. Terms that you find ambiguous in 

definition or context; or 

b. Constructions or regulatory text 

that varies from existing USML 

paragraphs. 

8. Are there other technical issues 

directly related to these paragraphs 

which you believe the Department 

should address in future rulemaking? 

9. What technical parameters should 

the Department consider for 

differentiating between star trackers for 


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civil use and star trackers that provide 

a critical military or intelligence 

advantage? 

10. Is there a critical technological 

difference between thermal protection 

systems designed for entry of Earth’s 

atmosphere as opposed to entry of 

another planet’s atmosphere? 

11. What benefits, drawbacks, and 

other considerations should the 

Department take into account in 

considering whether and how to 

consolidate the two thermal protection 

system paragraphs in Categories IV and 

XV into one paragraph in USML 

Category XIII? 

12. Are there civil spacecraft that 

would be described by the newly 

proposed Category XV(a)(16)? If so, are 

there technical criteria that may 

differentiate them from spacecraft the 

Department intends to describe, that 

rapidly deploy multiple spacecraft into 

multiple different orbits? 

13. Are there any specific examples in 

which including ‘‘air-dropped’’ in the 

proposed ‘‘bomb’’ definition appears to 

release a military munition from the 

USML? 

14. How could the proposed 

definition of range for USML Category 

IV be adjusted to apply more broadly 

across the USML while remaining scope 

neutral for Category IV? 

15. What other means should the 

Department consider to differentiates 

surveillance spacecraft from space 

situational awareness, cooperative 

docking, and orbital debris mitigation 

spacecraft? 

16. Is there potential overlap between 

the proposed seeker systems control in 

Category IV and other USML control 

paragraphs, such as USML Category 

IV(e)(1)(ii) or XII(a)(6), (c)(3) or (4), or 

(d). 

17. Are additional performance 

requirements (e.g., delta-v or propellant 

volume) needed in the regulatory text 

for Category XV(a)(16) to avoid 

controlling commercial satellites that 

don’t provide a critical military or 

intelligence advantage? 

Comment Submission Instructions 

Include the Regulatory Information 

Number (RIN) (1400–AE73) or agency 

name and docket number for all 

submissions related to this proposed 

rule. Submission of comments to 

www.regulations.gov is preferred. 

Commenters are cautioned not to 

include proprietary, export-controlled, 

or other sensitive information that they 

are not comfortable making public in 

their comments. If such information 

would provide useful insight to the 

comment, (1) assemble that information 

in a separate document with proprietary 

markings; (2) include ‘‘Proprietary 

supplement on file with: [provide 

POC]’’ as the first line in the body of the 

email submission; (3) submit the public 

portion of the comment via email; and 

(4) call DDTC at (202) 663–1282 to 

coordinate submission of the 

proprietary supplement. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

This rulemaking is exempt from the 

rulemaking requirements of section 553 

of the Administrative Procedure Act 

(APA) pursuant to section 553(a)(1) as a 

military or foreign affairs function of the 

United States. Nevertheless, and 

without prejudice to this determination, 

the Department has elected to seek 

public comment on this proposed rule. 

Regulatory Flexibility Act 

Since this proposed rule is exempt 

from the notice-and-comment 

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 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. 

Executive Orders 12372 and 13132 

This 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 

rulemaking. 

Executive Orders 12866, 13563, and 

14094 

Executive Orders 12866, as amended 

by Executive Orders 13563 and 14094, 

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. The Department specifically 

welcomes public comment on the 

impact, including costs and benefits, of 

this proposed rule. After review by the 

Office of Management and Budget 

(OMB), this proposed rule has been 

deemed a significant regulatory action. 

Executive Order 12988 

The Department of State has reviewed 

this 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 rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal law. 

Accordingly, the requirements of 

Executive Order 13175 do not apply to 

this rulemaking. 

Paperwork Reduction Act 

This rulemaking does not impose or 

revise any information collections 

subject to 44 U.S.C. chapter 35. 

List of Subjects in 22 CFR Parts 120, 

121, and 126 

Arms and munitions, Classified 

information, Exports. 

Accordingly, for the reasons set forth 

above and under the authority of 22 

U.S.C. 2778, the Department of State 

proposes to amend title 22, chapter I, 

subchapter M, parts 120, 121, and 126 

as follows: 

PART 120—PURPOSE AND 

DEFINITIONS 

■ 1. The authority citation for part 120 

continues to read as follows: 

Authority: 22 U.S.C. 2651a, 2752, 2753, 

2776, 2778, 2779, 2779a, 2785, 2794, 2797; 

E.O. 13637, 78 FR 16129, 3 CFR, 2013 Comp., 

p. 223. 

■ 2. Amend § 120.33 by revising 

paragraph (b) to read as follows: 

§ 120.33 Technical data. 

* * * * * 

(b) The definition in paragraph (a) of 

this section does not include 

information concerning general 

scientific, mathematical, or engineering 

principles commonly taught in schools, 

colleges, and universities, or 

information in the public domain as 

defined in § 120.34 or spacecraft 

housekeeping data and output as 

defined in § 121.1 of this subchapter. It 

also does not include basic marketing 

information on function or purpose or 


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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 84499 

general system descriptions of defense 

articles. 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 3. The authority citation for part 121 

continues to read as follows: 

Authority: 22 U.S.C. 2752, 2778, 2797; 22 

U.S.C. 2651a; Sec. 1514, Pub. L. 105–261, 112 

Stat. 2175; E.O. 13637, 78 FR 16129, 3 CFR, 

2013 Comp., p. 223. 

■ 4. Revise § 121.0 to read as follows: 

§ 121.0 United States Munitions List 

descriptions and definitions. 

For a description of the U.S. 

Munitions List (USML) and its 

designations, including the use of 

asterisks and the parenthetical ‘‘(MT)’’, 

see § 120.10 of this subchapter. As used 

in this part: 

Amateur rocket means an unmanned 

rocket that: 

(1) Is made of paper, wood, fiberglass, 

or plastic, and does not contain any 

substantial metal parts; 

(2) Does not carry a payload designed 

to be flammable, explosive, or harmful 

to humans or property; 

(3) Is propelled by one or more motors 

having a combined total impulse of 

40,960 Newton-seconds or less; 

(4) Has a capacity for no more than 

five (5) pounds of propellant; 

(5) Has no active controls; and 

(6) Cannot reach an altitude greater 

than 150 km above Earth’s surface. 

Amateur rocket motor means a rocket 

motor or engine containing no more 

than 5 pounds of propellant, that is 

certified for U.S. consumer use as 

described in National Fire Protection 

Association Code 1125. 

Bomb means an air-dropped 

munition, guided or unguided, without 

propulsion. 

CCL. See Commerce Control List in 15 

CFR part 772. 

Commerce Control List. See 15 CFR 

part 772. 

Department of Defense means U.S. 

Department of Defense. 

DoD. See Department of Defense. 

EAR. See Export Administration 

Regulations at 15 CFR parts 730 through 

774. 

ECCN. See Export Control 

Classification Number in 15 CFR part 

772. 

Excluded NASA spacecraft means: 

(1) The International Space Station 

(ISS); and specially designed (as defined 

in the EAR) parts and components 

therefor; and 

(2) The James Webb Space Telescope 

(JWST). 

Export Administration Regulations 

means 15 CFR parts 730 through 774. 

Export Control Classification Number. 

See 15 CFR part 772. 

Ground sample distance means a 

calibrated measurement of spatial 

resolution for ground imagery taken 

from the periapsis of an orbit and 

recorded as the ground distance 

between the center points of adjacent 

pixels. 

GSD. See Ground sample distance. 

Hosted payload means equipment 

that uses excess spacecraft capacity, to 

accommodate an independent mission 

of opportunity but that neither operates 

as an independent spacecraft nor 

dictates the operation or jurisdiction of 

the host spacecraft. 

Human spaceflight preparations 

means activities and information 

directly related to, or required for: 

(1) Spacecraft access, ingress, and 

egress, including the operation of all 

spacecraft doors, hatches, and airlocks; 

(2) Physiological training (e.g., 

human-rated centrifuge training or 

parabolic flights, pressure suit or 

spacesuit training/operation); 

(3) Medical evaluation or assessment 

of the spaceflight passenger or 

participant; 

(4) Training for and operation by the 

passenger or participant of health and 

safety related hardware (e.g., seating, 

environmental control and life support, 

hygiene facilities, food preparation, 

exercise equipment, fire suppression, 

communications equipment, safetyrelated clothing or headgear) or 

emergency procedures; 

(5) Viewing of the interior and 

exterior of the spacecraft or terrestrial 

mock-ups; 

(6) Observing spacecraft operations 

(e.g., pre-flight checks, landing, in-flight 

status); 

(7) Training to connect to or operate 

equipment used for purposes other than 

operating the spacecraft; or 

(8) Donning, wearing, or utilizing the 

passenger’s or participant’s flight suit, 

pressure suit, or spacesuit, and personal 

equipment. 

Loitering munition means any nonstationary platform specially designed 

for integration with non-releasable 

munitions and capable of delayed target 

engagement. 

Mine means stationary or floating 

munitions triggered by proximity, 

pressure, contact, timer, or remote 

control. 

Payload (in the context of USML 

Category IV in § 121.1) means mass 

delivered to a pre-determined position 

and not used to maintain a vehicle’s 

flight. 

Primary payload means equipment 

designed to accomplish the prime 

mission function of a spacecraft and 

may operate independently from a 

secondary payload. 

Range means: 

(1) In the context of USML Category 

IV in § 121.1, the distance achievable by 

a vehicle as measured by the projection 

of its trajectory over the surface of the 

Earth, assuming a full complement of 

fuel, the International Civil Aviation 

Organization (ICAO) standard 

atmosphere, no wind, and no 

operational constraints. 

(2) In other USML contexts, is either 

defined locally or is not explicitly 

defined in this subchapter. 

Real-time means the time required for 

a system to process, analyze, and 

respond to input is at least as fast as the 

rate at which it can receive input. 

Secondary payload means equipment 

integrated into a spacecraft that may 

operate separately from the primary 

payload. 

Spacecraft means vehicles, satellites, 

probes, and craft designed to operate at 

least 100 km above the mean sea level 

of Earth, excluding: 

(1) Any article designed to operate 

exclusively inside a spacecraft; 

(2) Any article designed to operate 

exclusively in the immediate proximity 

of a spacecraft for a limited time (e.g., 

during extra vehicular activities 

(EVAs)); 

(3) Any article designed to operate 

exclusively under or on the surface of a 

celestial body, or within the atmosphere 

of a celestial body; 

(4) Any article launched suborbitally 

or atmospherically from the surface or 

atmosphere of a celestial body other 

than Earth; and 

(5) Defense articles described in 

USML Category IV in § 121.1. 

Spacecraft bus means the support 

infrastructure and interface for the 

spacecraft. 

Spacecraft housekeeping data and 

output means information about the 

health, operational status, or 

measurements or function of, or raw 

sensor output from, a spacecraft, a 

spacecraft payload, or its associated 

subsystems or components. Examples of 

such information include: 

(1) System, hardware, component 

configuration, and operation status 

information pertaining to temperatures, 

pressures, power, currents, voltages, and 

battery charges; 

(2) Spacecraft or payload orientation 

or position information, such as state 

vector or ephemeris information; 

(3) Payload raw mission or science 

output, such as images, spectra, particle 

measurements, or field measurements; 

(4) Command responses; 

(5) Timing information; and 

(6) Link budget data. 


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Spacecraft payload means equipment 

attached to the spacecraft bus that 

performs a particular mission in space 

(e.g., communications, observation, 

science). 

Spectral bandwidth means the 

smallest difference in wavelength (i.e., 

Dl) that can be distinguished at full 

width and half maximum (FWHM) of 

wavelength l. 

■ 5. Amend § 121.1 as follows: 

■ a. Revise Category IV. 

■ b. In Category VI, revise paragraphs 

(f)(6) and (7). 

■ c. In Category VII: 

■ i. Revise paragraphs (g)(2) and (13) 

and (g)(14)(iii); and 

■ ii. Add paragraph (g)(15). 

■ d. In Category VIII, revise paragraph 

(h)(6). 

■ e. In Category XI, revise paragraphs 

(c)(4) and (15). 

■ f. In Category XIII, revise paragraph (j). 

■ g. Revise Category XV. 

■ h. In Category XX, revise paragraph 

(c). 

The revisions and addition read as 

follows: 

§ 121.1 The United States Munitions List. 

* * * * * 

Category IV—Launch Vehicles, Rocket 

Systems, and Other Weapons (e.g., 

Bombs, Torpedoes, 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 a payload of at 

least 500 kg to a range of at least 300 km 

(MT); 

(2) Rockets, SLVs, and missiles, 

capable of delivering a payload of less 

than 500 kg to a range of at least 300 km 

(MT); 

(3) Missiles and rockets for manportable air defense systems 

(MANPADS); 

(4) Missiles and rockets for anti-armor 

systems; 

(5) Rockets, SLVs, and missiles, not 

otherwise described in paragraphs (a)(1) 

through (4) of USML Category IV, 

excluding amateur rockets; 

(6) Bombs; 

(7) Torpedoes; 

(8) Depth charges; 

(9) Land mines (e.g., terrain shaping 

obstacles (TSOs) and area denial devices 

(ADDs)); 

(10) Anti-aircraft mines; 

(11) Naval mines; 

(12) Hand grenades that are designed 

to be lethal or destructive (e.g., 

fragmentation, concussive, incendiary, 

chemical, or biological); 

(13) Loitering munitions not 

otherwise described in paragraphs (a)(1) 

through (5) of USML Category IV; 

(14) Kinetic kill vehicles; and 

specially designed parts and 

components therefor; 

(15) Post-boost vehicles (PBV), 

including ballistic missile equipment 

sections (MT); 

(16) Hypersonic glide vehicles; and 

specially designed parts and 

components therefor (MT); and 

(17) Unmanned atmospheric re-entry 

vehicles not otherwise described in 

USML Category IV or XV; and specially 

designed parts and components therefor 

(MT); 

* (b) Launch systems and equipment, 

as follows: 

(1) Systems and equipment for 

launching articles described in 

paragraph (a)(1) or (2) of USML Category 

IV (MT) and specially designed parts 

and components therefor; and 

(2) Systems and equipment for 

launching articles described within 

paragraphs (a)(3) through (14) or (a)(16) 

and (17) of USML Category IV and 

specially designed parts and 

components therefor. 

Note 1 to paragraph (b): For accessories, 

attachments, and associated equipment, 

including production, testing, and inspection 

equipment and tooling, related to articles 

described in this paragraph (b) that are 

specially designed for articles described in 

paragraph (a) of USML Category XX, see 

paragraph (c) of USML Category XX. 

(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 USML Category IV (MT for 

those systems enumerated in paragraphs 

(a)(1) and (2) and (b)(1) of USML 

Category IV). 

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

includes specialized handling equipment 

(transporters, cranes, and lifts) specially 

designed to handle articles enumerated in 

paragraphs (a) and (b) of USML Category IV 

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 on-launch site 

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 paragraph (a)(1), (2), or (5) of USML 

Category IV. This paragraph (c) does not 

describe liquid propellant tanks designed 

solely for commercial transportation and 

storage. 

* (d) Propulsion systems not 

otherwise described in USML Category 

XV or XIX, as follows: 

(1) Individual rocket stages for the 

articles enumerated in paragraph (a)(1), 

(2), or (5) of USML Category IV except 

as described in paragraph (d)(2) or (3) of 

USML Category IV (MT if usable in 

articles described in paragraph (a)(1) or 

(2) of USML Category IV); 

(2) Rocket motors and engines having 

a total impulse capacity equal to or 

greater than 1.1 × 106 N·s (MT); 

(3) Rocket motors and 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 described in 

paragraph (d)(4) of USML Category IV 

(MT); 

(6) Propulsion systems based on 

pressure gain combustion or detonation 

and not otherwise described in 

paragraph (d)(4) or (5) of USML 

Category IV (MT); and 

(7) Rocket, SLV, and missile motors 

and engines not otherwise described in 

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

Category IV, except for amateur rocket 

motors. 

(e) Systems and equipment for articles 

described in paragraph (a) of USML 

Category IV, as follows: 

(1) Control and guidance systems and 

equipment as follows: 

(i) Flight control systems (e.g., fly-bywire, fly-by-light, pneumatic, hydraulic, 

electromechanical, mechanical, or 

electro-optical) specially designed for 

articles described in paragraph (a) of 

USML Category IV (MT if usable in 

articles described in paragraph (a)(1) or 

(2) of USML Category IV); 

(ii) Guidance systems specially 

designed for articles described in 

paragraph (a) of USML Category IV (MT 

if usable in articles described in 

paragraph (a)(1) or (2) of USML Category 

IV); and 

(iii) Attitude control equipment 

specially designed for articles described 

in paragraph (a)(1) of USML Category IV 

(MT); 

(2) Thrust vector control systems not 

otherwise described in paragraph (d) of 

USML Category XV (MT if usable in 

articles described in paragraph (a)(1) of 

USML Category IV); 

(3) Thermal protection systems (e.g., 

heat shields) usable for warheads or in 

articles described within paragraphs 

(a)(14) through (17) of USML Category 

IV (MT); and specially designed parts 

and components therefor (MT); 

(4) Self-destruct systems specially 

designed for articles described in 

paragraph (a) of USML Category IV (MT 

if usable in articles described in 

paragraph (a)(1) or (2) of USML Category 

IV); 

(5) Separation systems, staging 

mechanisms, and interstages; and 


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specially designed parts and 

components therefor (MT if usable in 

articles described in paragraph (a)(1) of 

USML Category IV); 

(6) Safing, arming, fuzing, and firing 

(SAFF) systems and equipment (to 

include target detection and proximity 

sensing devices) for articles described in 

paragraph (a)(1), (2), (3), (4), or (5) or (g) 

of USML Category IV; and specially 

designed parts and components therefor 

(MT if usable in articles described in 

paragraph (a)(1) of USML Category IV); 

and 

(7) Seeker systems specially designed 

for articles described in paragraph (a) of 

USML Category IV (MT for articles 

described in paragraph (a)(1) or (2) of 

USML Category IV). 

(f) Test equipment specially designed 

for articles described in paragraph (a)(1) 

or (2) or (e)(7) of USML Category IV. 

* (g) Non-nuclear warheads (e.g., 

explosive, kinetic, electromagnetic 

pulse, thermobaric, shaped charge, fuel 

air explosive, chemical, or biological). 

(h) Parts, components, accessories, 

and attachments for articles described in 

USML Category IV, as follows: 

(1)–(4) [Reserved] 

(5) Grip stocks for MANPADS; and 

specially designed parts and 

components therefor; 

(6) Nozzles or nozzle throats; and 

specially designed parts and 

components therefor (MT if usable in 

articles described in paragraph (a)(1) or 

(2) of USML Category IV); 

(7) Nose tips, nose fairings, or 

aerospikes; and specially designed 

parts, and components therefor (MT if 

usable in articles described in paragraph 

(a)(1) or (2) of USML Category IV); 

(8)–(12) [Reserved] 

(13) Engine or motor mounts specially 

designed for articles described in 

paragraph (a) or (b) of USML Category 

IV (MT if usable with articles described 

in paragraph (a)(1) or (2) or (b)(1) of 

USML Category IV); 

(14) Combustion chambers; and 

specially designed parts and 

components therefor (MT if usable in 

articles described in paragraph (a)(1) or 

(2) or (b)(1) of USML Category IV, or for 

any articles described in paragraphs 

(d)(1) through (5) of USML Category IV); 

(15) Injector assemblies (MT if usable 

in articles described in paragraph (a)(1) 

of USML Category IV); 

(16) Igniters; 

(17) [Reserved] 

(18) Parts and components not 

elsewhere specified, as follows: 

(i) Parts and components specially 

designed both for articles described in 

paragraph (e) of USML Category IV and 

for underwater launch; 

(ii) Non-electronic parts and 

components, specially designed both for 

systems described in paragraph (e) of 

USML Category IV and for hostile 

nuclear radiation environments; and 

(iii) Parts and components specially 

designed for articles described in 

paragraph (g) of USML Category IV; 

* (19) Penetration aids (e.g., physical 

or electronic countermeasure suites, 

atmospheric re-entry vehicle replicas or 

decoys, or submunitions); and specially 

designed parts and components 

therefor; 

(20) Motor cases; and specially 

designed parts and components therefor 

(e.g., flanges, flange seals, end domes) 

(MT if usable in articles described in 

paragraph (a)(1) or (2) of USML Category 

IV or if specially designed parts and 

components for use in hybrid rocket 

motors described in paragraph (d)(2) or 

(3) of USML Category IV); 

(21) Liners and insulation for solid 

rocket motors (MT if liners for use in 

articles described in paragraph (a)(1) of 

USML Category IV, if liners specially 

designed for use in articles described in 

paragraph (a)(2) of USML Category IV; 

or if insulation for use in articles 

described in paragraph (a)(1) or (2) of 

USML Category IV); 

(22) Radomes, sensor windows, 

antenna windows, and embedded 

antennae, specially designed for articles 

described in paragraph (a) of USML 

Category IV (MT if for radomes used in 

systems described in paragraph (a)(1) of 

USML Category IV or if for any radomes, 

sensor windows, or antenna windows 

manufactured as composite structures or 

laminates specially designed for use in 

articles described in paragraph (a)(1), 

(2), (16), or (17), (d)(1), or (e)(3) or (6) 

of USML Category IV); 

(23) Payload fairings; 

(24) Launch canisters (MT if usable 

with articles described in paragraph 

(a)(1) or (2) of USML Category IV); 

(25) Fuzes specially designed for 

articles enumerated in paragraph (a) of 

USML Category IV and not otherwise 

described in paragraph (e)(6) of USML 

Category IV; 

(26) Liquid or gel propellant tanks 

(MT if usable in systems described in 

paragraph (a)(1) of USML Category IV); 

(27) Altimeters specially designed for 

articles described in paragraph (a)(1) of 

USML Category IV (MT); 

(28) [Reserved] 

(29) Electrical connectors specially 

designed for articles described in 

paragraph (a)(1) or (2) of USML Category 

IV, as follows (MT): 

(i) Umbilical and interstage electrical 

connectors; 

(ii) Electrical connectors between 

articles described in paragraph (a)(1) or 

(2) of USML Category IV and their 

payloads; and 

(iii) Electrical connectors specially 

designed for hostile nuclear radiation 

environments; 

(30) Any part, component, accessory, 

attachment, equipment, or system that 

(MT for those articles designated as 

such): 

(i) Is classified; 

(ii) Contains classified software 

directly related to defense articles in 

this subchapter or 600 series items 

subject to the EAR; or 

(iii) Is being developed using 

classified information; and 

(31) Turbo pumps specially designed 

for articles described in paragraph (d) of 

USML Category IV. 

(i) Technical data (see § 120.33 of this 

subchapter) and defense services (see 

§ 120.32 of this subchapter) directly 

related to the defense articles described 

in paragraphs (a) through (h) of USML 

Category IV and classified technical data 

directly related to items controlled in 

ECCN 0A604, 0B604, 0D604, 9A604, 

9B604, or 9D604 and defense services 

using the classified technical data. 

Defense services include the furnishing 

of assistance (including training) to a 

foreign person in the integration of a 

satellite or spacecraft to a launch 

vehicle, including both planning and 

onsite support, regardless of the 

jurisdiction, ownership, or origin of the 

satellite or spacecraft, or whether 

technical data is used. It also includes 

the furnishing of assistance (including 

training) to a foreign person in the 

launch failure analysis of a launch 

vehicle, regardless of the jurisdiction, 

ownership, or origin of the launch 

vehicle, or whether technical data is 

used. (See § 125.4 of this subchapter for 

license exemptions specifically related 

to this paragraph (i), and § 124.15 of this 

subchapter for special export controls 

for spacecraft and spacecraft launches.) 

(MT if directly related to articles 

designated as such.) 

(j)–(w) [Reserved] 

(x) Commodities, software, and 

technical data subject to the EAR used 

in or with defense articles. 

Note 1 to paragraph (x): Use of this 

paragraph (x) is limited to license 

applications for defense articles where the 

purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

* * * * * 

Category VI—Surface Vessels of War 

and Special Naval Equipment 

* * * * * 

(f) * * * 

(6) Parts, components, accessories, 

attachments, and equipment specially 

designed for: 


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(i) The integration of articles 

described in USML Category II, IV, or 

XVIII (MT if specially designed for 

rockets, space launch vehicles, or 

missiles capable of achieving a range 

greater than or equal to 300 km); 

(ii) Catapults for launching aircraft 

(MT for catapults designed or modified 

for unmanned aerial vehicle systems 

capable of a range greater than or equal 

to 300 km); or 

(iii) Arresting gear for recovering 

aircraft (MT for arresting gear designed 

or modified for unmanned aerial vehicle 

systems capable of a range greater than 

or equal to 300 km); 

(7) Shipborne active protection 

systems (i.e., defensive systems that 

actively detect and track incoming 

threats and launch a ballistic, explosive, 

energy, or electromagnetic 

countermeasure(s) to neutralize the 

threat prior to contact with a vessel); 

and specially designed parts and 

components therefor, not otherwise 

described on the USML; 

* * * * * 

Category VII—Ground Vehicles 

* * * * * 

(g) * * * 

(2) Active protection systems (i.e., 

defensive systems that actively detect 

and track incoming threats and launch 

a ballistic, explosive, energy, or 

electromagnetic countermeasure(s) to 

neutralize the threat prior to contact 

with a vehicle); and specially designed 

parts and components therefor, not 

otherwise described on the USML; 

* * * * * 

(13) Test or calibration equipment for 

the mission systems of the vehicles in 

USML Category VII, except those 

enumerated elsewhere on the USML; 

* (14) * * * 

(iii) Is being developed using 

classified information; or 

(15) Parts, components, accessories, 

attachments, and equipment specially 

designed for the integration of articles 

described in USML Category IV with 

vehicles (MT if specially designed for 

rockets, space launch vehicles, 

unmanned aerial vehicle systems, or 

missiles capable of achieving a range 

greater than or equal to 300 km). 

* * * * * 

Category VIII—Aircraft and Related 

Articles 

* * * * * 

(h) * * * 

(6) Parts, components, accessories, 

attachments, and equipment specially 

designed for the integration of articles 

described in USML Category IV with 

aircraft (e.g., bomb racks, weapon 

pylons, pylon-to-launcher adapters, 

external stores support systems for 

ordnance or weapons); and specially 

designed parts and components therefor 

(MT if usable in an aircraft or missile 

that has a range equal to or greater than 

300 km); 

* * * * * 

Category XI—Military Electronics 

* * * * * 

(c) * * * 

(4) Transmit/receive modules, 

transmit/receive monolithic microwave 

integrated circuits (MMICs), transmit 

modules, and transmit MMICs meeting 

any of the following: 

(i) Articles having all of the following: 

(A) A peak saturated power output (in 

watts), Psat, greater than 505.62 divided 

by the maximum operating frequency 

(in GHz) squared [Psat > 505.62 W * 

GHz2/fGHz2] for any channel; 

(B) A fractional bandwidth of 5% or 

greater for any channel; 

(C) Any planar side with length d (in 

cm) equal to or less than 15 divided by 

the lowest operating frequency in GHz 

[d ≤ 15cm * GHz/fGHz]; and 

(D) At least one electronically variable 

phase shifter per channel; or 

(ii) MMICs that combine transmit and 

receive (T/R) functions on a single die, 

specially designed for spacecraft, having 

either of the following: 

(A) A power amplifier with maximum 

saturated peak output power (in watts), 

Psat, greater than 200 divided by the 

maximum operating frequency (in GHz) 

squared [Psat > 200 W * GHz2/fGHz2]; or 

(B) A common path (e.g., phase 

shifter-digital attenuator) circuit with 

greater than 3 bits phase shifting at 

operating frequencies 10 GHz or below, 

or greater than 4 bits phase shifting at 

operating frequencies above 10 GHz; 

Note 1 to paragraph (c)(4): A MMIC: (a) Is 

formed by means of diffusion processes, 

implantation processes, or deposition 

processes in or on a single semiconducting 

piece of material; (b) can be considered as 

indivisibly associated; (c) performs the 

function(s) of a circuit; and (d) operates at 

microwave frequencies (i.e., 300 MHz to 300 

GHz). 

Note 2 to paragraph (c)(4): A transmit/ 

receive module is a multifunction electronic 

assembly that provides bi-directional 

amplitude and phase control for transmission 

and reception of signals. 

Note 3 to paragraph (c)(4): A transmit 

module is an electronic assembly that 

provides amplitude and phase control for 

transmission of signals. 

Note 4 to paragraph (c)(4): A transmit/ 

receive MMIC is a multifunction MMIC that 

provides bi-directional amplitude and phase 

control for transmission and reception of 

signals. 

Note 5 to paragraph (c)(4): A transmit 

MMIC is a MMIC that provides amplitude 

and phase control for transmission of signals. 

Note 6 to paragraph (c)(4): USML Category 

XI(c)(4) applies to transmit/receive modules 

and to transmit modules, with or without a 

heat sink. The value of length d in USML 

Category XI(c)(4)(iii) does not include any 

portion of the transmit/receive module or 

transmit module that functions as a heat sink. 

Note 7 to paragraph (c)(4): Transmit/ 

receive modules, transmit modules, transmit/ 

receive MMICs, and transmit MMICs may or 

may not have N integrated radiating antenna 

elements, where N is the number of transmit 

or transmit/receive channels. 

Note 8 to paragraph (c)(4): Fractional 

bandwidth is the bandwidth over which 

output power remains constant within 3 dB 

(without the adjustment of other operating 

parameters), divided by the center frequency, 

and multiplied by 100. Fractional bandwidth 

is expressed as a percentage. 

* * * * * 

(15) Electronic parts and components, 

capable of operation at temperatures in 

excess of 125 °C and specially designed 

for any of the following: spacecraft 

described in USML Category XV; UAVs 

or drones described by USML Category 

VIII; or rocket, space launch vehicles 

(SLV), or missiles described in USML 

Category IV capable of achieving a range 

greater than or equal to 300 km (MT) 

(see note 2 to paragraph (a)(3)(xxix) of 

USML Category XI); 

* * * * * 

Category XIII—Materials and 

Miscellaneous Articles 

* * * * * 

(j) Equipment, materials, coatings, and 

treatments not elsewhere specified on 

the USML, as follows: 

(1) 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 (see USML Category 

X(a)(2)); 

* (2) 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 600 series items 

subject to the EAR through control of 

absorption, reflection, or emission to 

reduce detectability or observability 

(MT for applications usable for rockets, 

SLVs, missiles, drones, or UAVs capable 

of achieving a range greater than or 

equal to 300 km, and their subsystems. 


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See note to paragraph (d) of USML 

Category XIII); 

(3) Materials specially designed for 

the underwater launch of articles 

described in paragraph (a)(1) or (2) of 

USML Category IV; and 

(4) Materials specially designed both 

for articles described in paragraph (a)(1) 

or (2) of USML Category IV and hostile 

radiation environments. 

* * * * * 

Category XV—Spacecraft and Related 

Articles 

(a) Spacecraft, other than excluded 

NASA spacecraft or spacecraft that meet 

this paragraph (a) entirely through a 

hosted payload, as follows: 

* (1) Spacecraft specially designed to 

detect, or mitigate the effects of (e.g., 

scintillation), nuclear detonations; 

* (2) Spacecraft specially designed to 

detect and track launch vehicles, 

missiles, kill vehicles, post-boost 

vehicles, re-entry vehicles or 

penetration aids; 

* (3) Spacecraft specially designed for 

signals intelligence (SIGINT) or 

measurement and signatures 

intelligence (MASINT); 

* (4) Spacecraft specially designed to 

operate with other spacecraft to function 

collectively as an article described 

elsewhere in paragraph (a) of USML 

Category XV; 

* (5) Spacecraft equipped with spaceto-space weapons (e.g., kinetic, RF, 

laser, or directed energy); 

* (6) Spacecraft equipped with spaceto-ground weapons; 

* (7) Spacecraft equipped with remote 

sensing instruments that utilize any of 

the following, assessed in the aggregate 

if more than one instrument is used for 

the same objective (significant military 

equipment (SME) only if Earthpointing): 

(i) Any number of spectral bands in 

the visible and near infrared (VNIR) 

through infrared spectrum (i.e., 

wavelengths greater than 400 nm but 

less than or equal to 30,000 nm) and 

either a minimum cumulative light 

collecting surface area of 3,850 cm2 or 

any individual light collecting optic 

with a minimum surface area of 2,150 

cm2; 

(ii) Forty (40) or more spectral bands 

in the VNIR through short-wavelength 

infrared (SWIR) spectrum (i.e., 

wavelengths greater than 400 nm but 

less than or equal to 2,500 nm) and a 

Ground Sample Distance (GSD) less 

than 20 m; 

(iii) Forty (40) or more spectral bands 

in the mid-wavelength infrared (MWIR) 

(i.e., wavelengths greater than 2,500 nm 

but less than or equal to 5,500 nm), a 

GSD less than 200 m and either a 

narrow spectral bandwidth less than or 

equal to 20 nm or a wide spectral 

bandwidth greater than 20 nm; or 

(iv) Forty (40) or more spectral bands 

in the long-wavelength infrared (LWIR) 

(i.e., wavelengths greater than 5,500 nm 

but less than or equal to 30,000 nm), a 

calibrated GSD less than 500 m, and 

either a narrow spectral bandwidth less 

than or equal to 50 nm or a wide 

spectral bandwidth greater than 50 nm; 

* (8) Spacecraft equipped with radar 

remote sensing (e.g., active 

electronically scanned array (AESA), 

synthetic aperture radar (SAR), inverse 

synthetic aperture radar (ISAR), and 

ultra-wideband SAR), excluding those 

having both a bandwidth less than or 

equal to 500 MHz and a center 

frequency greater than or equal to 1 GHz 

but less than or equal to 10 GHz; 

(9) Spacecraft that generate 

positioning, navigation, and timing 

(PNT) signals, excluding those that 

provide only a differential correction 

broadcast; 

(10) [Reserved] 

(11) Spacecraft limited to suborbital 

trajectories, specially designed for 

atmospheric re-entry, and equipped 

with propulsion systems described 

within either paragraph (e) of USML 

Category XV or paragraphs (d)(1) 

through (6) of USML Category IV; 

(12) Spacecraft specially designed 

either to image other spacecraft with an 

angular resolution better than (less than 

or equal to) 4 mrad or to monitor, 

follow, and collect signals from other 

spacecraft; 

* (13) Spacecraft that are classified, 

contain classified articles other than a 

hosted payload classified by DoD, or are 

either manufactured or developed with 

the use of classified information (e.g., 

requirements, specifications, functions, 

or operational characteristics); 

* (14) Spacecraft specially designed to 

grapple or dock with another spacecraft 

through means other than receiving 

mechanisms on the target spacecraft 

intended to facilitate grappling or 

docking; 

* (15) Spacecraft specially designed to 

construct, while in orbit, spacecraft 

described in paragraph (a) of USML 

Category XV; 

(16) Spacecraft specially designed to 

deploy multiple spacecraft larger than 

3,400 cm3 within 72 hours into orbits 

separated from each other by at least 25 

km; and 

(17) Articles that can be separated 

from a spacecraft and incorporate all of 

the following: 

(i) A guidance, navigation, and 

control (GNC) system; 

(ii) An attitude control system; and 

(iii) A system described in paragraph 

(d) of USML Category XV or within 

paragraphs (d)(1) through (4) of USML 

Category IV. 

Note 1 to paragraph (a): When a spacecraft 

not otherwise described in this paragraph (a) 

incorporates is a hosted payload described in 

paragraph (e)(17) of USML Category XV, 

while the hosted payload remains subject to 

this subchapter, the spacecraft remains 

subject to the EAR. Spacecraft that 

incorporate other payloads described in 

paragraph (e)(17) are described in this 

paragraph (a). 

(b) Ground control systems and 

telemetry, tracking, and control (TT&C) 

simulators, specially designed for 

spacecraft described in paragraph (a) of 

USML Category XV. 

(c) Spacecraft systems and equipment, 

as follows: 

(1) Active cryocoolers and cold finger 

systems specially designed for 

spacecraft, and associated control 

electronics specially designed therefor; 

(2) Active vibration suppression 

systems (e.g., isolation and dampening 

systems) specially designed for 

spacecraft, and associated control 

electronics specially designed therefor; 

(3) Attitude determination and control 

systems that provide a spacecraft’s 

location on a planetary coordinate 

system, without using ground location 

points, with an accuracy described 

within paragraphs (c)(3)(i) through (iv) 

of USML Category XV; and specially 

designed parts and components 

therefor: 

(i) Less than or equal to 5 meters 

(CE90) from low Earth orbit (LEO) or 

equivalent; 

(ii) Less than or equal to 30 meters 

(CE90) from medium Earth orbit (MEO) 

or equivalent; 

(iii) Less than or equal to 150 meters 

(CE90) from geosynchronous orbit 

(GEO) or equivalent; or 

(iv) Less than or equal to 225 meters 

(CE90) from high Earth orbit (HEO) or 

equivalent; and 

(4) Thermal protection systems (e.g., 

heat shields) specially designed for 

atmospheric re-entry, not otherwise 

described in paragraph (e)(3) of USML 

Category IV; and specially designed 

parts and components therefor (MT). 

(d) Propulsion systems and power 

systems for spacecraft, as follows; and 

specially designed parts and 

components therefor: 

(1) Nuclear reactors and associated 

power conversion systems (e.g., liquid 

metal or gas-cooled fast reactors); 

(2) Radioisotope-based power systems 

(e.g., radioisotope thermoelectric 

generators); 

(3) Nuclear thermal propulsion 

systems (e.g., solid core, liquid core, gas 

core fission); 


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(4) Electric (e.g., Plasma or Ion) 

propulsion systems that operate at an 

input power of at least 20 kW or provide 

both a thrust greater than 400 milliNewtons and a specific impulse greater 

than 1,900 sec; and 

(5) Non-nuclear propulsion systems 

that use a bi-propellant or monopropellants and produce vacuum thrust 

greater than 667.23 N (MT if total 

impulse is equal to or greater than 8.41 

× 10∧5 N s). 

(e) Spacecraft parts, components, 

accessories, and attachments, as follows: 

(1) Antennas specially designed for 

spacecraft, with an operating frequency 

of at least 40 GHz, and any of the 

following characteristics: 

(i) A projected circular aperture 

diameter greater than 25 meters; 

(ii) Active electronic scanning; 

(iii) Adaptive beam forming; or 

(iv) Specially designed for 

interferometric radar; 

(2) Optics (e.g., lens, mirror, or 

membrane) meeting any of the 

following: 

(i) Active (e.g., adaptive, deformable) 

with an individual light collecting area 

of 1,020 cm2 or greater; 

(ii) Passive with an individual light 

collecting area of 2,150 cm2 or greater; 

or 

(iii) X-ray, not otherwise described in 

paragraph (e)(2)(i) or (ii) of USML 

Category XV, with a total effective 

collecting area greater than or equal to 

3,000 cm2 and an angular resolution less 

than or equal to 30 milliarcseconds; 

(3) Focal plane arrays (FPA) specially 

designed for spacecraft and having a 

peak response wavelength greater than 

900 nm; 

(4)–(5) [Reserved] 

(6) Optical bench assemblies specially 

designed for articles described in 

paragraph (a) of USML Category XV; 

(7)–(8) [Reserved] 

(9) Space-qualified cesium, rubidium, 

hydrogen maser, or quantum (e.g., based 

upon Al, Hg, Yb, Sr, or Be Ions) atomic 

clocks; and specially designed parts and 

components therefor; 

(10)–(12) [Reserved] 

(13) Control moment gyroscopes 

(CMG) that provide an angular 

momentum of at least 2.0 Newton meter 

seconds (N m sec), provide a torque of 

at least 6.0 Newton meters (N m), and 

are specially designed for spacecraft; 

(14) [Reserved] 

(15) Oscillators specially designed for 

articles described in paragraph (a) or 

(h)(17) of USML Category XV and with 

phase noise less than ¥120 dBc/Hz + 

(20 log10(RF) (in GHz)) measured at 2 

KHz* RF (in GHz) from carrier; 

(16) Star trackers and star sensors 

with angular accuracy less than or equal 

to 1 arcsec (1-Sigma) per star coordinate, 

and a tracking rate equal to or greater 

than 3.0 deg/sec; and specially designed 

parts and components therefor (MT); 

* (17) Payloads that perform any of 

the functions described within 

paragraphs (a)(1) through (17) of USML 

Category XV; 

* (18) Payloads, developed with 

Department of Defense-funding; and 

specially designed parts and 

components therefor; 

(19)–(20) [Reserved] 

(21) Any part, component, accessory, 

attachment, equipment, or system that: 

(i) Is classified; 

(ii) Contains classified software; or 

(iii) Is being developed using 

classified information; and 

(22) Any part, component, accessory, 

or attachment that is designed to modify 

a spacecraft’s optical, radiofrequency, or 

infrared signature as observed from 

orbit. 

(f) Technical data, excluding 

spacecraft housekeeping data and 

output and human spaceflight 

preparations (see § 120.33 of this 

subchapter and § 121.0), and defense 

services, excluding human spaceflight 

preparations (see § 120.32 of this 

subchapter and § 121.0), directly related 

to the defense articles described in 

paragraphs (a) through (e) of USML 

Category XV and classified technical 

data directly related to items controlled 

in ECCN 9A515, 9B515, or 9D515 and 

defense services using the classified 

technical data. (MT if related to articles 

designated as such.) 

(g)–(w) [Reserved] 

(x) Commodities, software, and 

technology subject to the EAR used in 

or with defense articles. 

Note 1 to paragraph (x): Use of this 

paragraph (x) is limited to license 

applications for defense articles where the 

purchase documentation also includes 

commodities, software, or technology subject 

to the EAR (see § 123.21(b) of this 

subchapter). 

* * * * * 

Category XX—Submersible Vessels and 

Related Articles 

* * * * * 

(c) Parts, components, accessories, 

attachments, and associated equipment, 

including production, testing, and 

inspection equipment and tooling, 

specially designed for any of the articles 

in paragraphs (a) and (b) of USML 

Category XX (MT if specially designed 

for rockets, space launch vehicles, 

unmanned aerial vehicle systems, or 

missiles capable of achieving a range 

greater than or equal to 300 km). 

* * * * * 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 6. The authority citation for part 126 

continues to read as follows: 

Authority: 22 U.S.C. 287c, 2651a, 2752, 

2753, 2776, 2778, 2779, 2779a, 2780, 2791, 

2797, 10423; sec. 1225, Pub. L. 108–375, 118 

Stat. 2091; sec. 7045, Pub. L. 112–74, 125 

Stat. 1232; sec. 1250A, Pub. L 116–92, 133 

Stat. 1665; sec. 205, Pub. L. 116–94, 133 Stat. 

3052; and E.O. 13637, 78 FR 16129, 3 CFR, 

2013 Comp., p. 223. 

■ 7. Add § 126.8 to read as follows: 

§ 126.8 Civil space promotion: 

exemptions, policies, and requirements. 

(a) Exemption for certain official 

space agency programs. No license or 

other approval is required for the 

export, reexport, retransfer, or 

temporary import of defense articles, or 

the furnishing of defense services, when 

such activity is entirely within the 

scope of an official space agency 

program as identified in paragraph (a)(2) 

of this section, subject to the restrictions 

in paragraph (a)(1) of this section. 

(1) Restrictions. The exemption set 

forth in this paragraph (a) does not 

apply: 

(i) For purposes of establishing 

offshore procurement arrangements or 

producing defense articles offshore (see 

§ 124.13 of this subchapter); 

(ii) To any of the following: 

(A) Activities whose value exceeds 

the amounts described in § 123.15 of 

this subchapter; 

(B) Activities that involve the 

manufacturing abroad of significant 

military equipment as described in 

§ 124.11 of this subchapter; or 

(C) For commercial communications 

satellites for launch from the Russian 

Federation, Ukraine, or Kazakhstan (see 

§ 123.15 of this subchapter); or 

(iii) Defense articles or defense 

services that are classified (see § 120.38 

of this subchapter). 

(2) Official space agency programs. 

Spacecraft within the scope of the 

following programs are eligible for the 

exemption in this paragraph (a): 

(i) NASA’s Lunar Gateway; 

(ii) NASA’s Mars Sample Return; 

(iii) Nancy Grace Roman Telescope; 

and 

(iv) The Orion spacecraft. 

(b) Exemption for certain space 

activities. No license or other approval 

is required for the activities identified in 

paragraph (b)(2) of this section, subject 

to the restrictions in paragraph (b)(1) of 

this section. 

(1) Restrictions. The exemption set 

forth in this paragraph (b) is subject to 

all of the following restrictions: 

(i) The end-use for paragraph (b)(2)(i) 

of this section must be to connect a 


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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Proposed Rules 84505 

spacecraft, subject to the EAR to its 

launch vehicle; and 

(ii) For the spacecraft referenced in 

paragraph (b)(1)(i) of this section, the 

scheduled launch date must be within 

six months of when the activities are 

conducted. 

(2) Exempted activities. The following 

activities are eligible for the exemption 

in this paragraph (b): 

(i) The export, reexport, retransfer, or 

temporary import of the following 

defense articles: 

(A) Electrical connectors described in 

paragraph (h)(29) of USML Category IV 

in part 121 of this subchapter, other 

than those used in ballistic missiles; and 

directly related interface control 

documents; 

(B) [Reserved] 

(ii) Encrypting, decrypting, relaying, 

or retransmitting, to or from a ground 

station, unmodified telemetry for the 

health, systems status, position, and 

velocity of space launch vehicles 

described in USML Category IV in part 

121 of this subchapter; 

(iii) The furnishing of assistance to a 

foreign person in the operation or use of 

an on-orbit defense article in support of 

fundamental research as defined at 

§ 120.34(a)(8) of this subchapter; and 

(iv) The furnishing of assistance to a 

foreign person in the operation or use of 

an on-orbit defense article to geolocate 

the following radiofrequency 

transmissions: 

(A) Emergency locator transmission 

(ELT) frequencies 121.5, 243.0, and 406 

MHz; 

(B) Automatic identification system 

(AIS) frequencies 161.975 and 162.025 

MHz; 

(C) Commercial VHF maritime mobile 

frequencies 156 through 174 MHz; and 

(D) Commercial non-satellite cellular 

telephone communications specified by 

the global system for mobile 

communications (GSM), universal 

mobile telecommunications system 

(UMTS), long-term evolution (LTE), or 

the following International Mobile 

Telecommunications (IMT) standards: 

IMT–2000 (3G), IMT-Advanced (4G), or 

IMT–2020 (5G). 

(c) Exemption for space tourism and 

research. No license or other approval is 

required for the export, reexport, or 

temporary import of manned spacecraft, 

subject to all of the following 

restrictions: 

(1) The spacecraft must be limited to 

suborbital trajectories; 

(2) The purpose of the activity must 

be limited to either space tourism or 

supporting fundamental research as 

defined at § 120.34(a)(8) of this 

subchapter; 

(3) The activity must not transfer 

registration, control, or ownership of the 

spacecraft to a foreign person; and 

(4) The spacecraft’s destinations, 

including planned diverts and 

contingencies, must be approved by the 

Federal Aviation Administration or its 

foreign equivalent, and must not 

include any proscribed destinations 

under § 126.1 of this subchapter. 

(d) Licensing of defense articles 

incorporated or integrated into EAR 

spacecraft. Articles described in 

paragraph (c), (d), or (e) of USML 

Category XV in part 121 of this 

subchapter may be licensed for export, 

reexport, or retransfer by the 

Department of Commerce’s Bureau of 

Industry and Security while they are 

incorporated in, and included as an 

integral part of, a spacecraft subject to 

the EAR. Articles do not become eligible 

for this licensing provision until 

incorporated into the spacecraft subject 

to the EAR. Exports, reexports, 

retransfers, or temporary imports of 

defense articles prior to incorporation, 

and directly related technical data and 

defense services, are not eligible for this 

licensing provision. Replacement 

articles, and articles subsequently 

unincorporated from the spacecraft, are 

not eligible for this licensing provision. 

Bonnie D. Jenkins, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2024–24091 Filed 10–17–24; 4:15 pm] 

BILLING CODE 4710–25–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 25 

[FAR Case 2020–009, Docket No. FAR– 

2020–0009, Sequence No. 1] 

RIN 9000–AO07 

Federal Acquisition Regulation: List of 

Domestically Nonavailable Articles 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Proposed rule. 

SUMMARY: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to revise 

the list of domestically nonavailable 

articles under the Buy American statute 

and implement requirements related to 

making future changes to the list. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat Division at the address 

shown below on or before December 23, 

2024 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FAR Case 2020–009 to the 

Federal eRulemaking portal at https://

www.regulations.gov by searching for 

‘‘FAR Case 2020–009’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘FAR Case 2020–009’’. Follow the 

instructions provided on the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘FAR Case 

2020–009’’ on your attached document. 

If your comment cannot be submitted 

using https://www.regulations.gov, call 

or email the point of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Instructions: Please submit comments 

only and cite ‘‘FAR Case 2020–009’’ in 

all correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. Public comments 

may be submitted as an individual, as 

an organization, or anonymously (see 

frequently asked questions at https://

www.regulations.gov/faq). To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two to three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Zenaida Delgado, Procurement Analyst, 

at 202–969–7207 or by email at 

zenaida.delgado@gsa.gov. For 

information pertaining to status, 

publication schedules, or alternate 

instructions for submitting comments if 

https://www.regulations.gov cannot be 

used, contact the Regulatory Secretariat 

Division at 202–501–4755 or 

GSARegSec@gsa.gov. Please cite FAR 

Case 2020–009. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA are proposing 

to revise the list of domestically 

nonavailable articles at FAR 25.104(a) 

and take other actions to limit the use 

of regulatory nonavailability waivers 

consistent with section 9 of Executive 

Order (E.O.) 14005, Ensuring the Future 

Is Made in All of America by All of 

America’s Workers (86 FR 7475, January 

28, 2021). E.O. 14005 establishes 

policies to maximize the Federal 

Government’s use of goods, products, 


khammond on DSKJM1Z7X2PROD with PROPOSALS