`[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Rules and Regulations]
[Pages 5594-5604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-01313]


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DEPARTMENT OF STATE

22 CFR Part 121

[Public Notice: 12441]
RIN 1400-AF42


International Traffic in Arms Regulations: U.S. Munitions List 
Targeted Revisions

AGENCY: Department of State.

ACTION: Interim final rule; request for comments.

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SUMMARY: The Department of State (the Department) amends the 
International Traffic in Arms Regulations (ITAR) to remove from the 
U.S. Munitions List (USML) items that no longer warrant inclusion, add 
to the USML items that warrant inclusion, and clarify certain entries. 
With these amendments, the Department also supersedes and thus 
terminates the temporary modification to USML Category VIII that was 
published on December 4, 2023, and extended on November 26, 2024.

DATES: 
    Effective date: September 15, 2025.
    Comment due date: Send comments by March 18, 2025.

ADDRESSES: Interested parties may submit comments to the Department of 
State by any of the following methods:
     Visit the Regulations.gov website at: https://www.regulations.gov and search for the docket number DOS-2024-0047.

[[Page 5595]]

     Email: [email protected]. Commenting parties 
must include RIN 1400-AF42 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 [email protected] SUBJECT: ITAR Amendment--
USML Targeted Revisions (RIN 1400-AF42).

SUPPLEMENTARY INFORMATION: The Department of State's Directorate of 
Defense Trade Controls (DDTC) administers the ITAR (22 CFR parts 120 
through 130) to, among other things, regulate the export, reexport, 
retransfer, and temporary import of the defense articles and defense 
services identified on the USML at ITAR Sec.  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 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 designates on the USML warrant ITAR control and those 
articles it removes from the USML no longer do. This rule also amends 
certain language that describes items on the USML to provide additional 
clarity to the regulatory language.

22 CFR 121.0

    The Department incorporates definitional language and abbreviations 
currently found in various notes in the USML into 22 CFR 121.0, United 
States Munitions List descriptions and definitions. Section 121.0 is 
amended to remove the structure of paragraphs (a) and (b) and to add 
definitions to the USML in an alphabetical list. The definition 
previously at Sec.  121.0(b) is now listed in its alphabetical order in 
Sec.  121.0. Current Sec.  121.0(a) is moved to the introductory text 
of Sec.  121.0.

USML Category II

    In USML Category II, Note 2 to paragraph (a)(5) is revised to 
correct a typographical error.

USML Category IV

    USML Category IV paragraph (c) is revised and paragraphs (c)(1) and 
(2) are added to more clearly describe the equipment controlled 
therein, and to differentiate between equipment specially designed for 
commodities enumerated in paragraphs (a) or (b) of Category IV under 
the new paragraph (c)(1), and equipment specially designed for 
improvised explosive devices (IEDs) under the new paragraph (c)(2), 
similar to how they are differentiated in paragraph 4.b of the 
Wassenaar Arrangement Munitions List. This amendment also replaces the 
undefined term ``apparatus and devices'' with the Sec.  120.40 defined 
term ``equipment.''

USML Category V

    USML Category V paragraph (c)(2) is revised to add the CAS Registry 
Number for pentaborane and to replace the comma after ``pentaborane'' 
with a semicolon, in order to clarify this paragraph describes 
derivatives of carboranes, decaboranes, and pentaborane. Paragraph 
(f)(4)(x) is revised to correct the CAS Registry Number. Paragraphs 
(e)(10), (f)(19), and (g)(4) are revised to correct typographical 
errors.

USML Category VII

    Note 3 to USML Category VII is revised to further clarify the 
universe of ground vehicles described, with no change to the scope of 
controls. Specifically, the types of vehicular control and locomotion 
employed are irrelevant when evaluating a vehicle against the control 
criteria. The Department affirms that although some unmanned ground 
vehicles, based on their method of control or locomotion, may be 
referred to by the public colloquially as ``robots,'' they must still 
be evaluated against the criteria in USML Category VII.

USML Category VIII

    USML Category VIII(h)(1) is revised to clarify which commodities 
are described therein by incorporating relevant portions of the 
existing note to paragraph (h)(1). This revision also serves to 
facilitate reference to the included list of aircraft by other USML 
paragraphs, and to better align controls with the Department's intent 
around U.S. Government technology demonstrators. Additionally, it 
precludes release of commodities from paragraph (h)(1) based solely on 
their subsequent use in aircraft included in USML Category XXI 
(pursuant to the procedures therein) or in foreign advanced military 
aircraft. Foreign advanced military aircraft, as newly defined in Sec.  
121.0, include non-U.S. origin aircraft and foreign derivatives of U.S. 
origin aircraft, either in development or entering production after 
2023, with one or more of the following advanced military capabilities: 
Active Electronically Scanned Array (AESA) fire control radar, 
integrated signature management, electronic warfare systems, or the 
ability to engage targets beyond visual range (BVR). The Department 
further highlights the use of the term ``AESA fire control radar'' to 
ensure that AESA weather radars commonly used in civil aviation are 
clearly excluded from this list of advanced military capabilities. The 
year 2023 was chosen as the production year in this definition to 
ensure alignment with the temporary modification to the USML issued on 
December 4, 2023 (88 FR 84072), and extended on November 26, 2024 (89 
FR 93170), which states that parts used in or with the KF-21 continue 
to be described on the USML.
    As practitioners have confused the F-15SE (Silent Eagle) with the 
F-15E (Strike Eagle), the F-15SE nomenclature is also clarified. 
Further, the ``B1B'' is replaced by ``B-1.'' As the B-1A never entered 
into production, this change does not change the export classification 
of existing items. The Department makes this change consistent with the 
majority of aircraft listed in the paragraph and its intent to include 
future variants of those aircraft. The Department notes the only 
aircraft listed with series letters (F-15SE, F/A-18E/F, and EA-18G) in 
this paragraph intentionally exclude earlier variants (for example, the 
control does not include the F-15A, which is an F-15 variant developed 
before the F-15SE).

[[Page 5596]]

Additionally, the Department adds the MQ-25 and the RQ-170 to the list 
of aircraft in paragraph (h)(1)(i). The MQ-25 provides a critical 
military advantage in its ability to support the future Navy carrier 
air wing and is central to the Navy's strategic Unmanned Campaign 
Framework. The RQ-170 is a high-altitude, long-endurance, low-
observable unmanned aerial vehicle that provides a critical military 
and intelligence advantage in its ability to perform key intelligence, 
surveillance, reconnaissance, target acquisition, and electronic 
warfare functions. Paragraph (h)(1) describes articles used in some of 
the most advanced U.S. military aircraft. The changes to paragraph 
(h)(1) ensure those specially designed articles are not released from 
this entry based on their subsequent use in USML Category XXI aircraft, 
foreign advanced military aircraft, or U.S. Government (USG) technology 
demonstrator aircraft.
    Ensuring those elements are not released from paragraph (h)(1) 
based on subsequent use in foreign advanced military aircraft is 
consistent with the language of Sec.  120.3(a)(2). With this change, 
the Department treats use of these commodities in foreign advanced 
military aircraft as it has in their use in advanced U.S. military 
aircraft. This addition facilitates opportunities for reuse and 
commonality with partner aircraft by enabling U.S. content to be 
utilized in those platforms without unnecessary redesigns or unmerited 
removal from the USML.
    The Department further considered amending the language to remove 
commodities designed exclusively for non-Department of Defense (DoD) 
USG technology demonstrators from paragraph (h)(1). The Department 
declines to do so, as such commodities are generally not currently 
described in paragraph (h)(1). Specifically, USG technology 
demonstrators are unique among the aircraft listed in paragraph (h)(1), 
as some technology demonstrators are described on the USML, while 
others are not. The Department notes commodities used in technology 
demonstrators are often developed exclusively for those demonstrators 
or repurposed from other USML or CCL platforms for time and cost 
savings; those commodities must be reviewed on a case-by-case basis for 
proper export classification. Specifically, for USG technology 
demonstrators that are themselves not described on the USML (``these 
aircraft''), it is generally the case that:

--Articles designed for and used only in other aircraft listed in 
paragraph (h)(1) before and during subsequent unmodified use in these 
aircraft generally remain described in paragraph (h)(1), as explained 
by the following analysis:
--In the context of paragraph (h)(1), such articles meet the criteria 
in, and thus are caught by, Sec.  120.41(a)(1) as having properties 
peculiarly responsible for the controlled characteristic (i.e., their 
use in the listed aircraft), and (a)(2) for their use in or with the 
other listed aircraft.
--In the context of paragraph (h)(1), such articles are not released by 
Sec.  120.41(b)(3), (4), or (5), as they were originally developed for 
aircraft described in either USML Category VIII or XXI, and the USG 
technology demonstrator does not enter production as defined in Sec.  
120.43.
--Articles designed for, and used in, aircraft subject to the EAR prior 
to unmodified use in these aircraft are not described in paragraph 
(h)(1) but may be described elsewhere on the USML, as explained by the 
following analysis:
--In the context of paragraph (h)(1), there are circumstances wherein 
such articles would be released by Sec.  120.41(b)(3), regardless of 
meeting the criteria in Sec.  120.41(a).
--With contemporaneous documentation, there are circumstances in which 
the articles would also be released by paragraph (b)(4) or (5).
--Articles designed for, and only used in, these aircraft are not 
described in paragraph (h)(1), but may be described elsewhere on the 
USML, as explained by the following analysis:
--In the context of paragraph (h)(1), such articles meet the criteria 
in Sec.  120.41(a)(1) as having properties peculiarly responsible for 
the controlled characteristic (i.e., their use in the listed aircraft), 
but not (a)(2) unless they are used in or with a defense article.
--In the context of paragraph (h)(1), such articles are not released by 
Sec.  120.41(b)(3), as the USG technology demonstrator does not enter 
production. However, they could be released by paragraph (b)(4), as 
they were developed with the knowledge they would be used in these 
aircraft, often in a system that is subject to the EAR.
--In contrast, articles designed for, and only used in, USG technology 
demonstrators described on the USML are described in paragraph (h)(1), 
as explained in the following analysis:
--In the context of paragraph (h)(1), such articles meet the criteria 
in Sec.  120.41(a)(1) as having properties peculiarly responsible for 
the controlled characteristic (i.e., their use in the listed aircraft), 
and (a)(2) for their use in or with aircraft described in USML Category 
VIII.

    In the context of paragraph (h)(1), such articles are not released 
by Sec.  120.41(b)(3), (4), or (5), as they were originally developed 
for an aircraft described in USML Category VIII. The Department is also 
amending the text of the current ``Note to paragraph (h)(1),'' 
redesignating it as ``Note 1 to paragraph to (h)(1),'' and adding 
``Note 2 to paragraph (h)(1).'' The addition of ``Note 2 to paragraph 
(h)(1)'' outlines an example of the scope of paragraph (h)(1) for 
articles used in USG technology demonstrators.
    With these revisions to paragraph (h)(1) and the notes to paragraph 
(h)(1), the Department also terminates the temporary modification to 
Category VIII of the USML that was issued on December 4, 2023 (88 FR 
84072) and extended on November 26, 2024 (89 FR 93170).
    The Department notes certain commodities designed exclusively for 
DoD-funded developmental aircraft, including aircraft jointly funded by 
DoD and another agency, remain defense articles described in paragraph 
(f) of USML Category VIII.
    Paragraph (h)(29) of USML Category VIII is revised to clarify the 
commodities described therein include both those designed for the 
aircraft listed and the defense articles described in paragraph (h)(1), 
with a change in control via the removal of commodities specially 
designed for USG technology demonstrators.
    The note located at the end of USML Category VIII is moved to 
follow USML Category VIII paragraph (h), renamed ``Note 1 to paragraph 
(h),'' and revised for clarity, with no change in scope.

USML Category IX

    USML Category IX(e)(2) is placed in reserve to eliminate 
redundancy. Technical data directly related to the software and 
databases enumerated in paragraph (b)(4) is already described in 
paragraph (e)(1).

USML Category X

    Developmental exoskeletons have been identified as a technology 
warranting ITAR control due to the critical military advantage they 
provide. Thus, Category X is amended by removing paragraph (b) from 
reserve and adding a new paragraph (b) to describe exoskeletons under 
development for DoD, along with standard exclusions applied to other 
developmental articles to provide advance notice to industry and to 
avoid

[[Page 5597]]

controlling those that do not provide a critical military advantage.
    The Department also amends Category X to align body armor 
protection levels with the most recent NIJ standard, 0123.00, 
``Specification for NIJ Ballistic Protection Levels and Associated Test 
Threats.'' All references to ``NIJ Type IV'' have been updated to NIJ 
RF3. ``Note 1 to paragraph (a)(1)'' and ``Note to paragraphs (a) and 
(d)'' have also been updated to reference the new standard. ``Note to 
paragraphs (a) and (d)'' is redesignated as ``Note 1 to paragraphs (a) 
and (d).''

USML Category XI

    USML Category XI paragraphs (c)(10)(i) and (ii) are revised to 
reflect that certain anti-jam antennas no longer provide a critical 
military advantage, with increasing commercial utilization applicable 
to civil GPS resiliency. Following consultations with DoD, the beam 
switching speed criterion in paragraph (c)(10)(i) is revised from 50 
milliseconds down to one millisecond, and the convergence time 
criterion in paragraph (c)(10)(ii) is revised from one second down to 
one millisecond, as the Department seeks to control only the most 
sensitive and effective anti-jam antennas in USML Category XI(c)(10)(i) 
and (ii). The Department further intends to exclude Controlled 
Reception Pattern Antennas (CRPAs) for Position, Navigation, and Timing 
(PNT) from paragraph (c)(10). To implement this, the Department is 
removing all CRPAs from paragraphs (c)(10)(i) and (ii) and adding 
paragraphs (c)(10)(v) and (vi) to describe the CRPAs for non-PNT 
applications that meet the updated criteria used in paragraphs 
(c)(10)(i) and (ii) the CRPA antennas were moved from. In removing 
CRPAs for PNT, the Department intends to facilitate civil global 
navigation system resiliency. CRPAs use multiple elements and advanced 
signal processing techniques to dynamically control their reception 
pattern, thereby enhancing signal reception from desired directions and 
suppressing interference from undesired directions. Generally, in 
comparing CRPAs to the antennas that remain described in paragraphs 
(c)(10)(i) and (ii), CRPAs are more optimized to control the reception 
pattern instead of the transmission beam steering or switching. This is 
in line with the Position, Navigation, and Timing, Advisory Board's 
(PNTAB) recommendation to remove CRPAs from the USML. The antennas 
removed from the USML by these changes are neither subject to 
multilateral controls nor controlled as munitions in other countries 
that produce them. Once removed from the USML, these anti-jam antennas 
will become subject to the EAR under the jurisdiction of the Department 
of Commerce.

USML Category XII

    USML Category XII paragraph (d)(2)(ii) is revised to update the 
language to reflect the current description of Positioning Service from 
Precise Positioning Service to Protected Positioning Service (PPS). In 
the 2021 Federal Radionavigation Plan published by the Departments of 
Defense, Transportation, and Homeland Security (available at https://rosap.ntl.bts.gov/view/dot/63024), PPS has been updated to 
``Protected'' Positioning Service from the former ``Precise'' 
Positioning Service. This change accurately reflects the technology's 
ability to operate in degraded environments as opposed to legacy 
encryption abilities that facilitate greater position precision and no 
longer provide a critical military advantage.

USML Category XIII

    USML Category XIII paragraph (b)(4) is revised to update the name 
of the Unified Cross Domain Management Office (UCDMO) to the National 
Cross Domain Strategy and Management Office (NCDSMO).
    The Department further amends Category XIII to align armor 
protection levels with the most recent NIJ standard, 0123.00, 
``Specification for NIJ Ballistic Protection Levels and Associated Test 
Threats.'' All references to ``NIJ Level III'' are updated to NIJ RF1. 
As the new RF1 standard corresponds to the previous Type III standard, 
this is not a significant change in control. The reference in paragraph 
(m)(10) is also updated to reference the new standard.
    Additionally, paragraph (e)(2) is revised for clarification and to 
add paragraphs (e)(2)(i) and (ii). Category XIII is further revised to 
add specific fluids to the USML in paragraph (j)(3). Each of these 
fluids was developed for one or more critical military applications for 
which existing fluids were unsuitable; by including a specially 
designed criterion, general-purpose fluids subsequently selected for 
use in a military application are not described by this control. 
Lastly, paragraph (m)(9) is amended to clarify the definitions of 
variables in the equation for Em.

USML Category XIV

    Additional nerve agents and a defoliant are added to USML Category 
XIV in paragraphs (a)(1)(iv) through (viii) and (j), and controls on 
Chemical Agent Resistive Coatings (CARC) are clarified in paragraph 
(f)(7). The nerve agent additions are made pursuant to changes to 
Schedule 1 of the Chemical Weapons Convention, while the defoliant 
addition is a constituent of Agent Orange, for which the Department is 
unaware of current commercial applications.
    The clarification of CARC controls in paragraph (f)(7) is made 
consistent with longstanding policy published on DDTC's website. As 
CARC is controlled only through the point of application and curing, 
export applications for CARC must specify the proposed end-users and 
end-uses, and export licenses for CARC impose limitations on the same. 
Of note, the control release for CARC that has been applied and cured 
only applies to USML Category XIV(f)(7); this release does not apply to 
coatings or materials described elsewhere on the USML. For example, 
when a USML Category XIII(j)(2) coating is applied to an item subject 
to the EAR, a DDTC license or other approval continues to be required 
for the coating, when the item to which the coating was applied is 
exported, reexported, or retransferred.

USML Category XIX

    USML Category XIX paragraphs (d) and (f)(1) are amended to add 
specific DoD-funded aircraft engines in development that provide a 
critical military or intelligence advantage, as well as their specially 
designed parts, components, accessories, and attachments. Specifically, 
paragraph (d) is split into two parts, paragraphs (d)(1) and (2), and 
amended to include the XT900, which is a developmental engine resulting 
from the enumerated HPW3000 technology demonstrator.
    The note to paragraph (d) is redesignated as the note to paragraph 
(d)(1), to continue its applicability to the engines in former 
paragraph (d) following their movement to paragraph (d)(1), with no 
change in scope. Paragraph (f)(1) is amended to include specially 
designed parts, components, accessories, and attachments for the engine 
now described in paragraph (d)(2), and to incorporate a portion of the 
note to paragraph (f)(1). The remainder of the note to paragraph (f)(1) 
is redesignated as ``Note 1 to paragraph (f)(1)'' and revised for 
clarity. Paragraph (f)(1) is further amended to clarify that parts, 
components, accessories, and attachments are not released if common 
only to a listed engine and an engine designated in USML Category 
XXI(a), and to add a catch-all control for XA100, XA101, XA102, XA103, 
and T901 engine hardware. The XA-series engines represent a substantial 
leap in propulsion capability. Items specially

[[Page 5598]]

designed for these engines provides a critical military or intelligence 
advantage in enabling the engines to provide improved thrust-to-weight 
capability while addressing fuel efficiency, affordability, and 
sustainment for warfighter operational readiness. The T901 powers the 
Future Vertical Lift platform and provides 33% more thrust than, but 
retains the same size as, its predecessor.
    Paragraph (f)(2) is amended to clarify the items described in 
paragraph (f)(2) by replacing a term of art (``hot section 
components'') with defined regulatory terms (hot section ``parts'' and 
``components''), with no change in scope, and to add related cooled 
structures for combustion chambers and liners. Punctuation is also 
updated with no change in scope.

USML Category XX

    USML Category XX is amended to add paragraphs (a)(9) and (10) to 
control two new classes of uncrewed, untethered vessels and vehicles 
that provide a critical military advantage: specifically, those 
equipped with anti-recovery features, and larger systems with 
significant range or endurance. Paragraph (a)(10) includes criteria to 
avoid control of systems below certain weight and performance 
thresholds the Department assesses are best suited for scientific 
research or commercial applications. Tethered systems are similarly 
excluded from both paragraphs (a)(9) and (10).
    USML Category XX(b)(2) is revised for clarity, with no change to 
the scope of the control.

USML Category XXI

    USML Category XXI is amended to move the second sentence of 
paragraph (a) into a new note, and to further clarify the 
considerations when designating an article in USML Category XXI.

Effective Date and Updating of Licenses and Agreements

    The Department notes it previously provided a 180-day transition 
period between the publication of the final rule for reviews of entire 
USML categories revised under Export Control Reform and the effective 
date of the transition of items to updated classifications. See 78 FR 
22740, 22747 (Apr. 16, 2013). While the Department has also recently 
issued rules with shorter transition periods, the Department provides a 
240-day delayed effective date for this rule. Consistent with prior 
revisions of USML categories, additional guidance that addresses 
specific licensing scenarios will be provided on DDTC's website.

Timeline for Applications, Amendments, and Grandfathering

Items Transitioning Jurisdiction From the ITAR to the EAR

    Items removed from a USML paragraph by this rule may still be 
described in other USML paragraphs or may become subject to the export 
licensing jurisdiction of the Department of Commerce pursuant to the 
EAR. Exporters should evaluate the control status of their item using 
the orders of review in the ITAR and the EAR and may submit a commodity 
jurisdiction request to DDTC for assistance or--if there is no doubt it 
is subject to the EAR--a commodity classification request to BIS. 
Licensing requirements under the EAR are determined by the reasons for 
control applicable to the item, the destination, the end use, and the 
end user. General Order No. 5 in supplement no. 1 to part 736 of the 
EAR describes the transition process for items moving from the USML to 
the CCL upon the publication of the pertinent final rules. The general 
order describes the grandfathering of DDTC licenses and agreements, the 
use of BIS authorizations, and the submission of disclosures to BIS and 
DDTC related to the transition of items from the USML to the CCL.
    For those wishing to export under the authority of the EAR as soon 
as possible for items moving from the USML to the CCL, applicants may 
submit license applications immediately after the publication of the 
BIS final rule adding such items to the CCL. Thus, applicants may, in 
effect, pre-position license applications early to facilitate 
processing of the license application. Such a pre-positioned license 
application will be processed in accordance with Sec.  750.4 of the 
EAR, but if BIS completes processing the application prior to the 
effective date of the applicable final rule, BIS will hold the 
application without action (HWA), until the effective date of that 
final rule. Applications for transitioned items received after the 
effective date of the final rule will be processed as described in 
Sec.  750.4 of the EAR.
    Existing holders of DDTC licenses, agreements, or other approvals, 
may maintain existing authorizations or obtain new authorizations for 
items moving from the USML to the CCL. Questions regarding the 
continued use of DDTC licenses, agreements, or other approvals should 
be directed to DDTC.

Acceptance of Licenses

    During the transition period, license applications will be accepted 
by both DDTC and BIS for items moving from the USML to the CCL. BIS 
will not issue approved licenses for such items until on or after the 
effective date of this rule.
    DSP-5 Licenses: Licenses for items transitioning to the CCL that 
are issued prior to the effective date of the final rule and do not 
include items remaining on the USML will remain valid until expired, 
returned by the license holder, or for a period of three years from the 
effective date of the final rule, whichever occurs first, unless 
otherwise revoked, suspended, or terminated. Licenses containing both 
transitioning and non-transitioning items (mixed authorizations) will 
remain valid until expired or returned by the license holder, unless 
otherwise revoked, suspended, or terminated. Any limitation, proviso, 
or other requirement required by the DDTC authorization remains in 
effect if the DDTC authorization is relied upon for export, re-export, 
or re-transfer. License amendment requests received by DDTC prior to 
the effective date of the rule will be adjudicated on a case-by-case 
basis up until the effective date of the rule.
    DSP-61 and DSP-73 Licenses: All temporary licenses that are issued 
in the period prior to the effective date of the rule will remain valid 
until expired or returned by the license holder, unless otherwise 
revoked, suspended, or terminated. Any limitation, proviso, or other 
requirement imposed on the DDTC authorization will remain in effect if 
the DDTC authorization is relied upon for export. License amendment 
requests received by DDTC before the effective date of the rule will be 
adjudicated on a case-by-case basis until the effective date of the 
rule. All license applications, including amendments, received after 
the effective date for items that are transitioning to the CCL that are 
not identified in an (x) paragraph entry will be Returned Without 
Action (RWA) with instructions to contact the Department of Commerce.
    Technical Assistance Agreements, Manufacturing License Agreements, 
Distribution Agreements, and Related Reporting Requirements: Agreements 
and amendments containing both USML and CCL items will be adjudicated 
up to the effective date of the final rule. Agreements containing 
transitioning and non-transitioning items that are issued prior to the 
effective date of the final rule will remain valid until expired, 
unless they require an amendment, or for a period of three years from 
the effective date of the final rule, whichever occurs first, unless 
otherwise revoked, suspended, or terminated. In order for an agreement 
to remain valid beyond three years, an amendment must be submitted to

[[Page 5599]]

authorize the CCL items using the new (x) paragraph from the relevant 
USML category. Any activity conducted under an agreement will remain 
subject to all limitations, provisos, and other requirements stipulated 
in the agreement.
    Agreements containing solely transitioning items issued prior to 
the effective date of the final rule will remain valid for a period of 
three years from the effective date of the rule, unless revoked, 
suspended, or terminated. After the three-year period ends, any ongoing 
activity must be conducted under the appropriate Department of Commerce 
authorization. Agreements and agreement amendments solely for items 
moving to the CCL which are received after the effective date of the 
rule will be Returned Without Action (RWA) with instructions to contact 
the Department of Commerce.
    All reporting requirements for Manufacturing License Agreements and 
Distribution Agreements must be complied with and such reports must be 
submitted to the Department of State while the agreement is relied upon 
as an export authorization by the exporter.
    Reexport/Retransfer of USML Items That Have Transitioned to the 
CCL: Foreign persons or U.S. persons abroad that have USML items in 
their inventory at the effective date of transition should review both 
the USML and the CCL to determine the proper export jurisdiction of 
those items. If the item is controlled by the Department of Commerce, 
any reexport or retransfer must comply with the requirements of the 
EAR. If doubt exists on the jurisdiction of the items, the foreign 
person should contact the original exporter or manufacturer. In 
instances when those parties are unavailable, the foreign person should 
review the DDTC or BIS website for guidance and support options.
    Following the effective date, foreign persons (including end-users, 
consignees, and intermediate consignees) who receive, via a Department 
of State authorization, an item they are certain has transitioned to 
the CCL (e.g., confirmed in writing by manufacturer or supplier), 
should treat the item as such and submit requests for post-transition 
reexports or retransfers to the Department of Commerce, as may be 
required by the EAR. If reexport or retransfer was previously 
authorized under an MLA or WDA that continues to provide the export 
authority or any stand-alone reexport/retransfer authorization received 
pursuant to ITAR Sec.  123.9, such authorizations remain valid.

Items Transitioning to the USML

    For those wishing to export under the authority of the ITAR as soon 
as possible for items moving onto the USML, applicants may submit 
license applications as soon as this rule is published in the Federal 
Register.

Submission of Voluntary Self-Disclosures

    In reviewing the clarifications provided by this rule, if you 
identify a potential violation of the ITAR, you are encouraged to 
submit a voluntary disclosure to DDTC, consistent with the procedures 
outlined in Sec.  127.12. For potential violations of the EAR, persons 
are encouraged to submit voluntary self-disclosures to BIS. For 
potential violations of both the EAR and the ITAR, persons are 
encouraged to submit disclosures to both agencies.

Request for Comments

    Consistent with its ongoing USML review process, the Department is 
requesting public comments on the revisions described in this 
rulemaking. The Department encourages the public to provide comments 
directly related to this rule and responsive to the questions described 
below. 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). The Department requests comments focused on the following 
questions:
    1. How much would practitioners benefit from the Department 
defining the term ``Controlled Reception Pattern Antennas (CRPAs)'' as 
used in USML Category XI(c)(10)? Are there criteria, other than those 
described in the preamble of this rule, that may help better 
distinguish between CRPAs described in paragraph (c)(10)(v) and 
antennas described in paragraph (c)(10)(i)?
    2. The addition of paragraph (h)(1)(iii) to USML Category VIII 
ensures that parts, components, accessories, and attachments specially 
designed for aircraft listed in paragraphs (h)(1)(i) and (ii) are not 
released from paragraph (h)(1) due to their use in foreign advanced 
military aircraft described in paragraphs (a)(1) and (2) of USML 
Category VIII.
    a. The Department requests comment on its consideration of adding 
to paragraph (h)(1) a new paragraph (h)(1)(iv), to retain parts used in 
paragraphs (h)(1)(i) or (ii) aircraft even when they are used in 
``aircraft described in paragraph (a)(3) of USML Category VIII,'' as 
the Department assesses that training aircraft described in paragraph 
(a)(3) often serve as proving grounds for future paragraph (a)(1) or 
(2) aircraft.
    b. The Department requests comment on its consideration of 
expanding paragraph (h)(1) to add parts, components, accessories, and 
attachments specially designed for the foreign advanced military 
aircraft listed in paragraph (h)(1)(iii), even if they are not utilized 
in an aircraft listed in paragraph (h)(1)(i) or (ii), commensurate with 
the Department's regulation of similar items for the advanced U.S. 
aircraft described in paragraphs (h)(1)(i) and (ii). For example, what 
effect would describing these foreign articles in paragraph (h)(1) have 
on existing international defense industrial cooperation and supply 
chains?
    3. With this rule, the Department changes paragraph (d) of USML 
Category XIX to read ``The following engines:'' and then describes 
specific aircraft engines in paragraphs (d)(1) and (2). The Department 
requests comment on its consideration of changing that language to 
``The following engine series:'' in order to more completely describe 
engines that provide a critical military or intelligence advantage.
    4. Paragraphs (d)(1) and (2) of USML Category XIX describe specific 
aircraft engines. The Department requests comment on its consideration 
of expanding that scope to include ``military variants'' of those 
engines, similar to its regulation of certain gas turbine engine parts 
in paragraph (f)(1)(i) of USML Category XIX for military variants of 
the listed engines.
    5. Are there commodities, 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.
    6. Are there specific commodities, 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.
    7. Are there specific commodities, 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

[[Page 5600]]

documentation and a point of contact familiar with the details.
    8. Are there specific functions, performance levels, or 
characteristics related to these revisions that could better:
    a. Distinguish between the commodities that do, and do not, warrant 
ITAR control;
    b. Delineate the criteria for control, in lieu of using the term 
`specially designed'; or
    c. Align with the constructions or language used in other USML 
entries?
    9. Can any of these revisions be more concisely stated?

Comment Submissions

Instructions

    Include the Regulatory Information Number (RIN) (1400-AF42) for all 
submissions related to this rule. Parties who wish to comment 
anonymously may do so by submitting their comments via 
www.regulations.gov, leaving the fields that would identify the 
commenter blank and including no identifying information in the comment 
itself. Commenters are cautioned not to include proprietary, export-
controlled, personal, or other sensitive information in their comments 
that they would not want to be made public. 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. Although the Department has elected to publish this 
interim final rule with a concurrent 30-day request for public comment 
and a 240-day delayed effective date, it does so without prejudice to 
its determination that controlling the export, reexport, retransfer, 
and temporary import of defense articles and defense services is a 
military or foreign affairs function.

Regulatory Flexibility Act

    Since this 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 are deemed necessary under the provisions of the Unfunded 
Mandates Reform Act of 1995.

Congressional Review Act

    This rule does not meet the criteria of 5 U.S.C. 804(2).

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 Order 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. After review by the 
Office of Management and Budget (OMB), this rule has been deemed a 
``significant regulatory action.'' This rule was undertaken pursuant to 
a statutory directive to periodically review the items on the USML. The 
Department generally determines which items warrant addition to, or 
removal from, the USML by assessing whether each provides a critical 
military or intelligence advantage based on national security and 
foreign policy considerations. Because the costs and benefits of 
changing what is controlled focus on the effect or utility of the item 
or service, rather than its market prevalence or economic value, 
quantitative analyses cannot be usefully estimated and are not 
available, particularly since the global prevalence or availability of 
the item or service are not known. Moreover, the Department does not 
have useful estimates or models to predict whether or how frequently 
the items added to the USML by this rule will be applied for export or 
to which countries, or for temporary import and from which countries. 
Qualitatively, the rule was assessed for costs and benefits. Because 
listing individual items or model numbers would necessarily lead to 
incomplete controls when an item is renamed or slightly modified, the 
USML contains many descriptive controls that are based on broader 
characteristics, including form, fit, function, and performance 
capability. To more accurately describe only what the Department 
intends to control, and to provide companies and individuals with 
better certainty, some USML revisions made by this rule are aimed to 
improve and clarify various entries and to more precisely focus 
controls. These revisions are also informed by confidential commodity 
jurisdiction determination and advisory opinion requests, submitted by 
industry. The Department takes into account common questions and 
strives to streamline and simplify USML entries based on how it 
understands industry experience with certain parts of the USML. 
Finally, when a complete redundancy is identified, as in one revision 
made by this rule, it is removed so that exporters, brokers, and 
temporary importers may better rely on a single entry, which can help 
to reduce compliance costs and increase the accuracy of relevant 
metrics. One alternative to this is inaction or delay. The Department 
could have waited to amend larger parts of the USML at once or 
continued to gather data to evaluate the controls affected by this 
rule. These alternatives were rejected. Statutory requirements, 
including section 38(f) of the Arms Export Control Act (22 U.S.C. 
2778(f)), and section 1345 of the National Defense Authorization Act 
for Fiscal Year 2024, require a periodic review of the USML for edits 
like those made by this rule. While the Department continuously reviews 
the entire USML, it aims to focus on particular USML categories for 
targeted revisions in cycles, as it has done in implementing this rule.

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.

[[Page 5601]]

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.

Signing Authority

    Assistant Secretary C.S. Eliot Kang, having reviewed and approved 
this document, has delegated the authority to electronically sign this 
document to Stanley L. Brown, Acting Assistant Secretary, Bureau of 
Political-Military Affairs, for purposes of publication in the Federal 
Register.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Classified information, Exports.

    For reasons stated in the preamble, the Department of State amends 
22 CFR part 121, the United States Munitions List, as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

0
1. 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.


0
2. Revise Sec.  121.0 to read as follows:


Sec.  121.0   United States Munitions List description and definitions.

    For a description of the U.S. Munitions List and its designations, 
including the use of asterisks and the parenthetical ``(MT)'', see 
Sec.  120.10 of this subchapter. Within this part, the following 
definitions apply:
    CCL. See Commerce Control List.
    Commerce Control List means Commerce Control List in 15 CFR part 
774, supplement no. 1.
    Department of Defense means U.S. Department of Defense.
    DoD. See Department of Defense.
    EAR means Export Administration Regulations in 15 CFR parts 730 
through 774.
    ECCN means Export Control Classification Number, the alphanumeric 
designation used on the CCL. See definition at 15 CFR part 772.
    Foreign advanced military aircraft means non-U.S.-origin aircraft, 
including foreign derivatives of U.S.-origin aircraft, in development, 
or entering production, after 2023 with one or more of the following 
advanced military capabilities: an Active Electronically Scanned Array 
(AESA) fire control radar, integrated signature management or 
electronic warfare systems, or the ability to engage targets beyond 
visual range (BVR).

0
3. Amend Sec.  121.1 as follows:
0
a. In Category II, revise Note 2 to paragraph (a)(5);
0
b. In Category IV, revise paragraph (c);
0
c. In Category V, revise paragraphs (c)(2), (e)(10), (f)(4)(x), 
(f)(19), and (g)(4);
0
d. In Category VII, revise Note 3 to Category VII;
0
e. In Category VIII:
0
i. Revise paragraphs (h)(1) and (29);
0
ii. Add Note 1 to paragraph (h); and
0
iii. Remove the Note at the end of the category.
0
f. In Category IX:
0
i. Revise paragraph (e)(1); and
0
ii. Remove and reserve paragraph (e)(2);
0
g. In Category X:
0
i. Revise paragraphs (a)(1) and (6);
0
ii. Add paragraph (b);
0
iii. Revise paragraph (d)(1); and
0
iv. Redesignate the Note to paragraphs (a) and (d) as Note 1 to 
paragraphs (a) and (d) and revise newly redesignated Note 1 to 
paragraphs (a) and (d).
0
h. In Category XI, revise paragraph (c)(10).
0
i. In Category XII, revise paragraph (d)(2)(ii).
0
j. In Category XIII:
0
i. Revise paragraphs (b)(4) and (d)(1) and (2);
0
ii. Redesignate Note to paragraph (d) as Note 1 to paragraph (d);
0
iii. Remove the Note to paragraph (d)(2) following newly redesignated 
Note 1 to paragraph (d); and
0
iv. Revise paragraphs (e)(1), (2), (5), and (6), (j), and (m)(9) and 
(10).
0
k. In Category XIV:
0
i. Revise paragraph (a)(1)(ii);
0
ii. Add paragraphs (a)(1)(iv) through (viii);
0
iii. Revise paragraph (f)(7); and
0
iv. Add paragraph (j).
0
l. In Category XIX, revise paragraphs (d) and (f)(1) and (2).
0
m. In Category XX:
0
i. Revise paragraphs (a)(7) and (8);
0
ii. Add paragraphs (a)(9) and (10); and
0
iii. Revise paragraph (b)(2).
0
n. In Category XXI, revise paragraph (a) and add Note 1 to Category 
XXI.
    The revisions and additions read as follows:


Sec.  121.1   The United States Munitions List.

* * * * *
Category II--Guns and Armament
    (a) * * *

    Note 2 to paragraph (a)(5): Note 1 to paragraph (a)(5) does not 
apply to defense articles enumerated on the U.S. Munitions List, 
whether in production or development.

* * * * *
Category IV--Launch Vehicles, Guided Missiles, Ballistic Missiles, 
Rockets, Torpedoes, Bombs, and Mines
* * * * *
    (c) Equipment specially designed for the handling, control, 
activation, monitoring, detection, protection, discharge, or detonation 
of any of the following:
    (1) A commodity enumerated in paragraphs (a) or (b) of this 
category (MT for those systems enumerated in paragraph (a)(1) or (2) or 
(b)(1) of this category); or
    (2) Improvised Explosive Devices (IEDs).

    Note 1 to paragraph (c): This paragraph (c) includes specialized 
handling equipment (e.g., transporters, cranes, and lifts) specially 
designed to handle articles enumerated in paragraphs (a) and (b) of 
this category for preparation and launch from fixed and mobile 
sites. The equipment in this paragraph (c) also includes specially 
designed robots, robot controllers, and robot end-effectors, and 
liquid propellant tanks specially designed for the storage or 
handling of the propellants controlled in USML Category V, CCL ECCNs 
1C011, 1C111, and 1C608, or other liquid propellants used in the 
systems enumerated in paragraph (a)(1), (2), or (5) of this 
category.


    Note 2 to paragraph (c): Aircraft Missile Protection Systems 
(AMPS) are controlled in USML Category XI.

* * * * *
Category V--Explosives and Energetic Materials, Propellants, Incendiary 
Agents, and Their Constituents
* * * * *
    (c) * * *
    (2) Carboranes; decaborane (CAS 17702-41-9); pentaborane (CAS 
19624-22-7); and derivatives thereof (MT);
* * * * *
    (e) * * *
    (10) Poly-NIMMO (poly nitratomethylmethyoxetane, poly-NMMO, 
(poly[3-nitratomethyl-3-methyl oxetane])) (CAS 84051-81-0);
* * * * *
    (f) * * *
    (4) * * *
    (x) Diethylferrocene (CAS 1273-97-8);
* * * * *

[[Page 5602]]

    (19) TEPANOL (HX-878) 
(tetraethylenepentaamineacrylonitrileglycidol) (CAS 68412-46-4); 
cyanoethylated polyamines adducted with glycidol and their salts (MT 
for TEPANOL (HX-878));
* * * * *
    (g) * * *
    (4) CL-20 precursors (any molecule containing hexaazaisowurtzitane) 
(e.g., HBIW (hexabenzylhexaazaisowurtzitane), TAIW 
(tetraacetyldibenzylhexaazaisowurtzitane));
* * * * *
Category VII--Ground Vehicles
* * * * *

    Note 3 to Category VII: Ground vehicles include any vehicle 
meeting the control parameters, regardless of: the surface upon 
which the vehicle is designed to operate (e.g., highway, off-road, 
amphibious, or rail); the manner of control of the vehicle (e.g., 
manual, remote, or autonomous); or the mode of locomotion of the 
vehicle (e.g., wheeled, tracked, or multi-pedal).

* * * * *
Category VIII--Aircraft and Related Articles
* * * * *
    (h) * * *
    (1) Parts, components, accessories, and attachments specially 
designed for aircraft listed within paragraphs (h)(1)(i) through (ii) 
of this category, excluding those common to aircraft that are or were 
in production and are not listed within paragraphs (h)(1)(i) through 
(iv), as follows:
    (i) B-1, B-2, B-21, F-15SE (Silent Eagle), F/A-18E/F, EA-18G, MQ-
25, F-22, F-35, F-117, RQ-170, or future variants thereof;
    (ii) U.S. Government technology demonstrators;
    (iii) Foreign advanced military aircraft described in paragraph 
(a)(1), (2), or (3) of USML Category VIII; or
    (iv) Aircraft included in a USML Category XXI(a) determination;

    Note 1 to paragraph (h)(1): The following is an example of the 
scope of this paragraph (h)(1) for an article common to multiple 
aircraft: A part common to the F-16 (not listed within paragraphs 
(h)(1)(i) through (iv) of this category) and F-35 (listed) is not 
described in this paragraph (h)(1), while a part common only to the 
F-22 and F-35 (both listed) is described in this paragraph (h)(1), 
subject to a specially designed analysis as set forth in Sec.  
120.41 of this subchapter.


    Note 2 to paragraph (h)(1): The following is an example of the 
scope of this paragraph (h)(1) for articles used in U.S. Government 
(USG) technology demonstrators: A part used only in a USG technology 
demonstrator, where the USG technology demonstrator is otherwise 
subject to the EAR, is not described in this paragraph (h)(1) (see 
Sec.  120.41(b)(4)), while a part common only to the EA-18G (listed 
in paragraph (h)(1)(i) of this category) and a USG technology 
demonstrator is described in this paragraph (h)(1), subject to the 
analysis set forth in Sec.  120.41 of this subchapter.

* * * * *
    (29) Any of the following equipment if specially designed for 
defense articles described in this paragraph (h)(1) or aircraft listed 
in paragraph (h)(1)(i), (ii), or (iii) of this category or 
developmental aircraft described in paragraph (f) of this category:
    (i) Scale test models;
    (ii) Full scale iron bird ground rigs used to test major aircraft 
systems; or
    (iii) Jigs, locating fixtures, templates, gauges, molds, dies, or 
caul plates.

    Note 1 to paragraph (h): Parts, components, accessories, and 
attachments in paragraphs (h)(3) through (5) or paragraph (h)(7), 
(14), (17), or (19) of this category are licensed by the Department 
of Commerce when incorporated in an aircraft subject to the EAR and 
classified under ECCN 9A610. Replacement parts, components, 
accessories, and attachments remain subject to the ITAR.

* * * * *
Category IX--Military Training Equipment and Training
* * * * *
    (e) * * *
    (1) Directly related to the defense articles enumerated in 
paragraphs (a) and (b) of this category; or
* * * * *
Category X--Personal Protective Equipment
    (a) * * *
    (1) Body armor providing a protection level equal to or greater 
than NIJ RF3;

    Note 1 to paragraph (a)(1): For body armor providing a level of 
protection of NIJ HG1, NIJ HG2, NIJ RF1, or NIJ RF2, see ECCNs 1A005 
and 1A613.


    Note 2 to paragraph (a)(1): See USML Category XIII(e) for 
controls on related materials.

* * * * *
    (6) Helmets and helmet shells providing a protection level equal to 
or greater than NIJ RF3;
* * * * *
    (b) Developmental exoskeletons funded by the U.S. Department of 
Defense via contract, or other funding authorization, dated after 
January 20, 2026; and specially designed parts, components, 
accessories, and attachments therefor; excluding those that are:
    (1) Enumerated elsewhere on the USML;
    (2) In production;
    (3) Documented as subject to the EAR via a commodity jurisdiction 
determination (see Sec.  120.4 of this subchapter); or
    (4) Identified in the relevant DoD contract or other funding 
authorization as being developed for both civil and military 
applications.
* * * * *
    (d) * * *
    (1) Ceramic or composite plates that provide protection equal to or 
greater than NIJ RF3;
* * * * *

    Note 1 to paragraphs (a) and (d): See National Institute of 
Justice Classification, NIJ Standard 0123.00, or national 
equivalents, for a description of level of protection for armor.

* * * * *
Category XI--Military Electronics
* * * * *
    (c) * * *
    (10) Antennas, and specially designed parts and components 
therefor, other than Traffic Collision Avoidance Systems (TCAS) 
equipment conforming to FAA TSO C-119c, as follows:
    (i) Antennas, other than Controlled Reception Pattern Antennas 
(CRPAs), that employ four or more elements, electronically steer 
angular beams, independently steer angular nulls, create angular nulls 
with a null depth greater than 20 dB, and achieve a beam switching 
speed faster than 1 millisecond;
    (ii) Antennas, other than CRPAs, that form adaptive null 
attenuation greater than 35 dB with convergence time less than 1 
millisecond;
    (iii) Antennas that detect signals across multiple RF bands with 
matched left hand and right hand spiral antenna elements for 
determination of signal polarization;
    (iv) Antennas that determine signal angle of arrival with an 
accuracy better than (less than) two degrees (e.g., interferometer 
antenna);
    (v) CRPAs specially designed for functions other than Position, 
Navigation, and Timing (PNT), that employ four or more elements, 
electronically steer angular beams, independently steer angular nulls, 
create angular nulls with a null depth greater than 20 dB, and achieve 
a beam switching speed faster than 1 millisecond; or
    (vi) CRPAs specially designed for functions other than PNT, that 
form adaptive null attenuation greater than 35 dB with convergence time 
less than 1 millisecond;
* * * * *

[[Page 5603]]

Category XII--Fire Control, Laser, Imaging, and Guidance Equipment
* * * * *
    (d) * * *
    (2) * * *
    (ii) Global Positioning System (GPS) receiving equipment specially 
designed for encryption or decryption (e.g., Y-Code, M-Code) of GPS 
protected positioning service (PPS) signals (MT if designed or modified 
for airborne applications);
* * * * *
Category XIII--Materials and Miscellaneous Articles
* * * * *
    (b) * * *
    (4) Military or intelligence systems, equipment, assemblies, 
modules, integrated circuits, components, or software (including all 
previous or derived versions) authorized to control access to or 
transfer data between different security domains as listed on the 
National Cross Domain Strategy and Management Office (NCDSMO) Control 
List (UCL); or
* * * * *
    (d) * * *
    * (1) Ablative materials fabricated or semi-fabricated from 
advanced composites (e.g., silica, graphite, carbon, carbon/carbon, and 
boron filaments) specially designed for the articles in USML Category 
IV or XV (MT if usable for nozzles, re-entry vehicles, nose tips, or 
nozzle flaps usable in rockets, space launch vehicles (SLVs), or 
missiles capable of achieving a range greater than or equal to 300 km); 
or
    (2) Carbon/carbon billets and preforms that are reinforced with 
continuous unidirectional fibers, tows, tapes, or woven cloths in three 
or more dimensional planes (MT if designed for rocket, SLV, or missile 
systems and usable in rockets, SLVs, or missiles capable of achieving a 
range greater than or equal to 300 km).

    Note 1 to paragraph (d)(2): This paragraph (d)(2) does not 
control carbon/carbon billets and preforms where reinforcement in 
the third dimension is limited to interlocking of adjacent layers 
only.

* * * * *
    (e) * * *
    (1) Spaced armor with Em greater than 1.4 and meeting 
NIJ RF1 or better;
    (2) Transparent armor with areal density less than or equal to 40 
pounds per square foot (<=40 lb/ft\2\), having either:
    (i) Em greater than or equal to 1.3 (Em 
>=1.3); or
    (ii) Em less than 1.3 (Em<1.3) and meeting 
or exceeding NIJ RF1 standards;
* * * * *
    (5) Composite armor with Em greater than 1.4 and meeting 
or exceeding NIJ RF1;
    (6) Metal laminate armor with Em greater than 1.4 and 
meeting or exceeding NIJ RF1; or
* * * * *
    (j) Equipment, materials, coatings, treatments, and fluids not 
elsewhere specified in this section, 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. See note to paragraph (d) of this category); or
    (3) Fluids, including greases, specially designed for any of the 
following:
    (i) Aircraft listed in USML Category VIII(h)(1)(i), (ii), or (iii);
    (ii) Coatings described in USML Category XIV(f)(7);
    (iii) Engines listed in USML Category XIX(f)(1)(i) or (ii); or
    (iv) Articles described in USML Categories XVIII (Directed Energy 
Weapons) or XX (Submersible Vessels and Related Articles).
* * * * *
    (m) * * *
    (9) Em is the line-of-sight target mass effectiveness 
ratio and provides a measure of the tested armor's performance to that 
of rolled homogenous armor, where Em is defined as follows:
[GRAPHIC] [TIFF OMITTED] TR17JA25.093

Where:

= density of MIL-A-12560 RHA, (7.85 g/cm\3\)

Po = Baseline Penetration of RHA
Pr = Residual Line of Sight Penetration, either positive or negative 
(RHA equivalent)
ADRHA = Line-of-Sight Areal Density of RHA
ADTARGET = Line-of-Sight Areal Density of Target

    If witness plate is penetrated, Pr is the distance from 
the projectile to the front edge of the witness plate. If the target 
armor has no measurable penetration, Pr = 0, and the 
Em equation reduces to a ratio of ADRHA/
ADTARGET.
    (10) NIJ is the National Institute of Justice and RF1 refers to the 
requirements specified in NIJ standard 0123.00, Specification for NIJ 
Ballistic Protection Levels and Associated Test Threats.
* * * * *
    Category XIV--Toxicological Agents, Including Chemical Agents, 
Biological Agents, and Associated Equipment
    * (a) * * *
    (1) * * *
    (ii) O-Alkyl (equal to or less than C10, including 
cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
phosphoramidocyanidates, such as: Tabun (GA): O-Ethyl N, N-
dimethylphosphoramidocyanidate (CAS 77-81-6) (CWC Schedule 1A);
* * * * *
    (iv) [Rcy]-alkyl (H or equal to or less than C10, 
including cycloalkyl) N-(1-(dialkyl (equal to or less than 
C10, including cycloalkyl) amino)) alkylidene (H or equal to 
or less than C10, including cycloalkyl) phosphonamidic 
fluorides and corresponding alkylated or protonated salts; e.g., N-(1-
(di-n-decylamino)-n-decylidene)-P-decylphosphonamidic fluoride (CAS 
2387495-99-8) and Methyl-(1-(diethylamino) ethylidene) 
phosphonamidofluoridate (CAS 2387496-12-8) (CWC Schedule 1A);
    (v) O-alkyl (H or equal to or less than C10, including 
cycloalkyl) N-(1-(dialkyl (equal to or less than C10, 
including cycloalkyl) amino)) alkylidene (H or equal to or less than 
C10, including cycloalkyl) phosphoramidofluoridates and 
corresponding alkylated or protonated salts; e.g., O-n-Decyl N-(1-(di-
n-decylamino)-n-decylidene) phosphoramidofluoridate (CAS 2387496-00-4), 
Methyl (1-(diethylamino) ethylidene) phosphoramidofluoridate (CAS 
2387496-04-8), and Ethyl (1-(diethylamino) ethylidene) 
phosphoramidofluoridate (CAS 2387496-06-0) (CWC Schedule 1A);
    (vi) Methyl-(bis (diethylamino) methylene) phosphonamidofluoridate 
(CAS 2387496-14-0) (CWC Schedule 1A);
    (vii) Quaternaries of dimethylcarbamoyloxypyridines: 1-[N,N-dialkyl 
(equal to or less than C10)-N-(n-(hydroxyl, cyano, acetoxy) 
alkyl (equal to or less than C10)) ammonio]-n-[N-(3-
dimethylcarbamoxy-[alpha]-picolinyl)-N,N-dialkyl (equal to or less than 
C10)

[[Page 5604]]

ammonio] decane dibromide (n=1-8); e.g., 1-[N,N-dimethyl-N-(2-hydroxy) 
ethylammonio]-10-[N-(3-dimethylcarbamoxy-[alpha]-picolinyl)-N,N-
dimethylammonio] decane dibromide (CAS 77104-62-2) (CWC Schedule 1A); 
or
    (viii) Bisquaternaries of dimethylcarbamoyloxypyridines: 1,n-Bis[N-
(3-dimethylcarbamoxy-[alpha]-picolyl)-N,N-dialkyl (equal to or less 
than C10) ammonio]-alkane-(2,(n-1)-dione) dibromide (n=2-
12); e.g., 1,10-Bis[N-(3-dimethylcarbamoxy-[alpha]-picolyl)-N-ethyl-N-
methylammonio] decane-2,9-dione dibromide(CAS 77104-00-8) (CWC Schedule 
1A);
* * * * *
    * (f) * * *
    (7) Chemical Agent Resistant Coatings (CARC), prior to the 
application and curing thereof, that have been qualified to military 
specifications (MIL-PRF-32348, MIL-DTL-64159, MIL-C-46168, or MIL-DTL-
53039); or
* * * * *
    (j) Constituent elements of defoliants, as follows: 2,4,5-
Trichlorophenoxyacetic acid (CAS 93-76-5).
* * * * *
    Category XIX--Gas Turbine Engines and Associated Equipment
* * * * *
    * (d) The following engines:
    (1) AGT1500, CTS800, GE38, GE3000, HPW3000, MT7, T55, T408, or 
T700; or

    Note 1 to paragraph (d)(1): Engines subject to the control of 
this paragraph (d)(1) are licensed by the Department of Commerce 
when incorporated in an aircraft subject to the EAR and controlled 
under ECCN 9A610. Such engines are subject to the controls of the 
ITAR in all other circumstances.

    (2) XT900.
* * * * *
    (f) * * *
    (1) Parts, components, accessories, and attachments specially 
designed for the engines listed within paragraph (f)(1)(i) or (ii) of 
this category, excluding those common to engines that are or were in 
production that are not listed within paragraphs (f)(1)(i) through 
(iii) of this category, as follows:
    (i) F101, F107, F112, F118, F119, F120, F135, F136, F414, F415, 
J402, T901, XA100, XA101, XA102, and XA103; and military variants 
thereof;
    (ii) Engines described in paragraph (d)(2) of this category; or
    (iii) Engines included in a USML Category XXI(a) determination.

    Note 1 to paragraph (f)(1): For example, a part common to the 
F110 (not listed within paragraphs (f)(1)(i) through (iii) of this 
category) and F136 (listed) engines is not described in this 
paragraph (f)(1), while a part common only to the F119 and F135 
(both listed) is described in this paragraph, subject to a specially 
designed analysis using Sec.  120.41 of this subchapter.

    * (2) Hot section parts and components (i.e., combustion chambers 
and liners, and related cooled structures; high pressure turbine 
blades, vanes, disks, and related cooled structures; cooled 
intermediate pressure turbine blades, vanes, disks, and related cooled 
structures; cooled low pressure turbine blades, vanes, disks, and 
related cooled structures; cooled shaft-driving power turbine blades, 
vanes, disks, and related cooled structures; cooled augmenters; and 
cooled nozzles) specially designed for gas turbine engines controlled 
in this category;
* * * * *
Category XX--Submersible Vessels and Related Articles
    (a) * * *
    (7) Equipped with any mission systems controlled under this 
subchapter;

    Note 1 to paragraph (a)(7): ``Mission system'' is defined as a 
``system'' (see Sec.  120.40(h) of this subchapter) that are defense 
articles that perform specific military functions such as by 
providing military communication, electronic warfare, target 
designation, surveillance, target detection, or sensor capabilities.

    (8) Developmental vessels funded by the Department of Defense via 
contract or other funding authorization;

    Note 1 to paragraph (a)(8): This paragraph (a)(8) does not 
control vessels, and specially designed parts, components, 
accessories, attachments, and associated equipment therefor, in 
production, determined to be subject to the EAR via a commodity 
jurisdiction determination, or identified in the relevant Department 
of Defense contract or other funding authorization as being 
developed for both civil and military applications.


    Note 2 to paragraph (a)(8): Note 1 to this paragraph (a)(8) does 
not apply to defense articles enumerated on the U.S. Munitions List, 
whether in production or development.


    Note 3 to paragraph (a)(8): This paragraph (a)(8) is applicable 
to those contracts and funding authorizations that are dated July 8, 
2014, or later.

    (9) Uncrewed, untethered vessels (and vehicles) that have an anti-
recovery (e.g., scuttle or self-destruct) feature; or
    (10) Uncrewed, untethered vessels (and vehicles) with a gross 
weight rating exceeding three-thousand pounds (3,000 lb), that are 
designed to operate without human interaction for longer than 24 hours 
or for more than seventy nautical miles (70 nmi).

    Note 1 to paragraph (a)(10): ``Gross weight rating'' in this 
paragraph (a)(10) means the maximum operating weight, or 
displacement, of the conveyance, including the fully configured 
weight of all fuel, fluids (excluding wet ballast open to the 
operating environment), payloads, other deployables or expendables 
(e.g., countermeasures, other autonomous commodities, and 
torpedoes), and cargo.

    * (b) * * *
    (2) Electric motors specially designed for submarines that have a 
power output of more than 0.75 MW (1,000 hp), and are all of the 
following:
    (i) Quick reversing;
    (ii) Liquid cooled; and
    (iii) Totally enclosed.
* * * * *
Category XXI--Articles, Technical Data, and Defense Services Not 
Otherwise Enumerated
    * (a) Any article not enumerated on the U.S. Munitions List may be 
included in this category until such time as the appropriate U.S. 
Munitions List category is amended to describe the article.
* * * * *

    Note 1 to Category XXI: The decision to designate an article in 
this category, whether to designate a catch-all control for that 
article, the Significant Military Equipment designation of those 
articles, and any exclusion of those articles from eligibility for 
specific licensing exemptions, shall be made by the Director, Office 
of Defense Trade Controls Policy.


Stanley L. Brown,
Acting Assistant Secretary, Political-Military Affairs, U.S. Department 
of State.
[FR Doc. 2025-01313 Filed 1-16-25; 8:45 am]
BILLING CODE 4710-25-P`