11314 Federal Register / Vol. 80, No. 40 / Monday, March 2, 2015 / Proposed Rules 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice 9050] 

Notice of Inquiry; Request for 

Comments Regarding Review of 

United States Munitions List 

Categories VIII and XIX 

AGENCY: Department of State. 

ACTION: Notice of Inquiry, Request for 

Comments. 

SUMMARY: The Department of State 

requests comments from the public to 

inform its review of the controls 

implemented in recent revisions to 

Categories VIII and XIX of the United 

States Munitions List (USML). In light 

of the ongoing transition of the USML 

to a more ‘‘positive list’’ pursuant to the 

President’s Export Control Reform (ECR) 

initiative, the Department intends to 

periodically review the revised USML 

categories to ensure that they are clear, 

do not inadvertently control items in 

normal commercial use, account for 

technological developments, and 

properly implement the national 

security and foreign policy objectives of 

the reform effort. This review will also 

consider any technical issues related to 

the USML categories under review. 

DATES: The Department of State will 

accept comments from the public until 

May 1, 2015. 

ADDRESSES: Interested parties may 

submit comments by one of the 

following methods: 

• Email: DDTCPublicComments@

state.gov with the subject line, ‘‘Review 

of USML Categories VIII and XIX.’’ 

• Internet: At www.regulations.gov, 

search for this notice using its docket 

number, DOS–2014–0030. 

Comments submitted through 

www.regulations.gov will be visible to 

other members of the public; the 

Department will publish all comments 

on the Directorate of Defense Trade 

Controls Web site 

(www.pmddtc.state.gov). Therefore, 

commenters are cautioned not to 

include proprietary or other sensitive 

information in their comments. 

FOR FURTHER INFORMATION CONTACT: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCPublicComments@state.gov. 

ATTN: Review of USML Categories VIII 

and XIX. 

SUPPLEMENTARY INFORMATION:

List Review 

On December 10, 2010, the 

Department provided notice to the 

public of its intent, pursuant to the ECR 

initiative, to revise the USML to create 

a ‘‘positive list’’ that describes 

controlled items using, to the extent 

possible, objective criteria rather than 

broad, open-ended, subjective, or design 

intent-based criteria (see 75 FR 76935). 

As a practical matter, this meant 

revising USML categories so that, with 

some exceptions, the descriptions of 

defense articles that continued to 

warrant control under the USML did not 

use catch-all phrases to control 

unspecified items. With limited 

exceptions, the defense articles that 

warranted control under the USML were 

those that provided the United States 

with a critical military or intelligence 

advantage. All other items were to 

become subject to the Export 

Administration Regulations. Since that 

time, the Department has published 

final rules setting forth revisions for 

fifteen USML categories, each of which 

have been reorganized into a uniform 

and more positive list structure. 

The advantage of revising the USML 

into a more positive list is that its 

controls can be tailored to satisfy the 

national security and foreign policy 

objectives of the U.S. government by 

maintaining control over those defense 

articles that provide a critical military or 

intelligence advantage, or otherwise 

warrant control under the International 

Traffic in Arms Regulations (ITAR), 

without inadvertently controlling items 

in normal commercial use. This 

approach, however, requires that the 

lists be regularly revised and updated to 

account for technological developments, 

practical application issues identified 

by exporters and reexporters, and 

changes in the military and commercial 

applications of items affected by the list. 

In addition, the USML and the 

Commerce Control List require regular 

revision in order to ensure that they 

satisfy the national security and foreign 

policy objectives of the reform effort, 

which are to (i) improve interoperability 

of U.S. military forces with allied 

countries, (ii) strengthen the U.S. 

industrial base by, among other things, 

reducing incentives for foreign 

manufacturers to design out and avoid 

U.S.-origin content and services, which 

ensures continued U.S. visibility and 

control, and (iii) allow export control 

officials to focus government resources 

on transactions that pose greater 

concern. 

The first USML revisions conducted 

pursuant to the ECR initiative became 

effective on October 15, 2013, and 

implemented revisions to Category VIII 

and created Category XIX (see 78 FR 

22740). With the passing of the one-year 

anniversary of the effective date of the 

revision to and creation of these 

categories, the Department seeks 

comment from the public on the 

condition and efficacy of these 

categories and whether they are meeting 

the ECR objectives for the list revisions. 

The Department anticipates a similar 

review process for each revised USML 

category, to be communicated to the 

public through publication of a notice of 

inquiry in the Federal Register. 

Request for Comments 

The Department requests public 

comment regarding the control text of 

USML Categories VIII and XIX. General 

comments on the overall ECR initiative 

or other aspects of the ITAR, to include 

other categories of the USML that do not 

relate to or are not affected by Categories 

VIII or XIX, are outside of the scope of 

this inquiry. In order to contribute 

effectively to the USML review process, 

all commenters are encouraged to 

provide comments that are responsive 

specifically to the prompts set forth 

below. 

The Department requests comment on 

the following topics, as they relate to 

Categories VIII and XIX: 

1. Emerging and new technologies 

that are appropriately controlled by one 

of the referenced categories, but which 

are not currently described in the 

control text or not described with 

sufficient clarity. 

2. Defense articles that are described 

in the control text, but which have 

entered into normal commercial use 

since the most recent revisions to the 

category at issue. For such comments, 

be sure to include documentation to 

support claims that defense articles 

have entered into normal commercial 

use. 

3. Defense articles for which 

commercial use is proposed, intended, 

or anticipated in the next five years. 

4. Drafting or other technical issues in 

the text of either of the referenced 

categories. 

The Department will review all 

comments from the public. If a 

rulemaking is warranted based on the 

comments received, the Department will 

respond to comments received in a 

proposed rulemaking in the Federal 

Register. 

C. Edward Peartree, 

Director, Office of Defense Trade Controls 

Policy, Bureau of Political-Military Affairs, 

U.S. Department of State. 

[FR Doc. 2015–04291 Filed 2–27–15; 8:45 am] 

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