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modified for underwater use incorporating 

image intensifier tubes specified by 

6A002.a.2.a or 6A002.a.2.b, see 6A003.b.3. 

(4) For electronic imaging systems 

‘‘specially designed’’ or modified for 

underwater use incorporating ‘‘focal plane 

arrays’’ specified by 6A002.a.3.g, see 

6A003.b.4.c. (5) Section 744.9 imposes a 

license requirement on commodities 

described in 8A002.d.1.c or .d.2 if being 

exported, reexported, or transferred (incountry) for use by a military end-user or 

for incorporation into an item controlled 

by ECCN 0A919. 

* * * * * 

■ 52. In Supplement No. 1 to part 774, 

Category 9, ECCN 9A991 is amended by: 

■ a. Removing the License Requirement 

Notes paragraph in the License 

Requirements section, and 

■ b. Revising the Related Controls 

paragraph in the List of Items Controlled 

section to read as follows: 

9A991 ‘‘Aircraft’’, n.e.s., and gas turbine 

engines not controlled by 9A001 or 

9A101 and ‘‘parts’’ and ‘‘components,’’ 

n.e.s. (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: N/A 

* * * * * 

Dated: February 11, 2016. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2016–03182 Filed 2–18–16; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 9445] 

RIN 1400–AD32 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XII 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category 

XII (fire control, laser, imaging, and 

guidance and control equipment) of the 

U.S. Munitions List (USML) to describe 

more precisely the articles warranting 

control on the USML. The Department 

also proposes to amend USML 

Categories VIII, XIII, and XV to reflect 

that items now described in those 

Categories will be in the revised 

Category XII. 

DATES: The Department of State will 

accept comments on this proposed rule 

until April 4, 2016. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCPublicComments@

state.gov with the subject line, ‘‘ITAR 

Amendment—Category XII Second 

Proposed.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD32). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or any information for 

which a claim of confidentiality is 

asserted. All comments and transmittal 

emails will be made available for public 

inspection and copying after the close of 

the comment period via the Directorate 

of Defense Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCPublicComments@state.gov. 

ATTN: Regulatory Change, USML 

Category XII. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., defense 

articles, are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (EAR), 15 

CFR parts 730–774, which includes the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other set of 

regulations are subject to the EAR. 

The revisions contained in this rule 

are part of the Department of State’s 

retrospective plan under E.O. 13563. 

All references to the USML in this 

rule are to the list of defense articles 

that are controlled for the purpose of 

export or temporary import pursuant to 

the ITAR, and not to the defense articles 

on the USML that are controlled by the 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives (ATF) for the purpose of 

permanent import under its regulations 

(see 27 CFR part 447). Pursuant to 

§ 38(a)(1) of the Arms Export Control 

Act (AECA), all defense articles 

controlled for export or import are part 

of the USML under the AECA. For the 

sake of clarity, the list of defense articles 

controlled by ATF for the purpose of 

permanent import is the United States 

Munitions Import List (USMIL). The 

transfer of defense articles from the 

ITAR’s USML to the EAR’s CCL for the 

purpose of export control does not affect 

the list of defense articles controlled on 

the USMIL under the AECA for the 

purpose of permanent import. 

Revision of Category XII 

The revision of USML Category XII 

was first published as a proposed rule 

(RIN 1400–AD32) on May 5, 2015, for 

public comment (see 80 FR 25821) (first 

proposed rule). The comment period 

ended July 6, 2015. One hundred twenty 

parties submitted public comments, 

which were reviewed and considered by 

the Department and other agencies. 

The majority of the public comments 

stated that the proposed controls in 

USML Category XII included items that 

are in commercial and civil 

applications, identifying items that 

would largely be controlled under 

paragraphs (b), (c), (d), and (e), and 

requested that the Department limit the 

USML controls for most paragraphs to 

items specially designed for the 

military. The comments varied in level 

of detail and specific paragraphs 

addressed, if any, but the general tenor 

of the public comments was consistent. 

These comments led the Department to 

reevaluate USML Category XII in its 

entirety and to draft this second 

proposed rule to allow for public 

feedback on new proposed changes. 

Given the thorough redrafting of USML 

Category XII, the Department does not 

address each public comment in detail. 

This second proposed rule revises 

USML Category XII, covering fire 

control, range finder, optical and 

guidance and control equipment, to 

advance the national security objectives 

of the President’s Export Control Reform 

initiative and to more accurately 


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describe the articles within the category, 

in order to establish a ‘‘bright line’’ 

between the USML and the CCL for the 

control of these articles. The revisions to 

Category XII being proposed in this 

second proposed rule are described 

below, along with a description of any 

changes from the first proposed rule. 

The most significant change from the 

first proposed rule to this second 

proposed rule is that, in response to a 

high number of substantive public 

comments, certain articles will be 

controlled based on the design intent of 

the manufacturer. This was decided 

because the Department found that 

certain articles could be used as 

components or as end items for the 

same military application. While 

applying the standard terminology 

‘‘specially designed for a defense 

article’’ would apply to articles that 

operate as a component for a higherlevel assembly, that terminology would 

not describe the same articles when 

used as end items on their own for the 

same military purpose. To address this 

concern, paragraphs (b)(6) and (c)(2)(iii) 

control articles if they are specially 

designed for a military end user. A 

military end user is defined in the new 

Note to Category XII as the national 

armed services, National Guard, 

national police, government intelligence 

or reconnaissance organizations, or any 

person or entity whose actions or 

functions are intended to support 

military end uses. An item is specially 

designed for a military end user if it was 

created for use by a military end user or 

users. If an item is created for both 

military and non-military end users, or 

if the item was created for no specific 

end user, then it is not specially 

designed for a military end user. 

Contemporaneous documents are 

required to support the design intent; 

otherwise, use by a military end user 

will establish that the item was 

specially designed for a military end 

user. 

Paragraph (a) is revised to add 

subparagraphs (1) through (10) to more 

clearly describe the articles controlled 

in (a). 

Paragraph (a)(1) is added for fire 

control systems. In response to one 

comment, the Department moved the 

control on ‘‘specially designed parts and 

components’’ to paragraph (e) for this 

paragraph and others, so that all parts 

and components are described in 

paragraph (e). None of the parts and 

components in paragraph (e) are 

designated significant military 

equipment. One comment requested 

clarification on the classification of 

defense articles enumerated elsewhere 

in the USML that are specially designed 

components of a fire control system, 

such as fire control computers for 

aircraft, described in USML Category 

VIII(h)(16). A control on ‘‘specially 

designed parts and components’’ is a 

catch all control for items that are not 

elsewhere specified in the USML, and 

items that are explicitly described 

elsewhere, such as USML Category 

VIII(h)(16), are controlled by that entry. 

Paragraph (a)(2) is added for weapons 

sights and weapons aiming or imaging 

systems, with certain infrared focal 

plane arrays, image intensifier tubes, 

ballistic computers, or lasers, when 

specially designed for a defense article. 

The Department received multiple 

comments requesting revisions to this 

paragraph. These comments were not 

adopted, as these weapons sights and 

weapon aiming and imaging systems all 

relate to the sighting, aiming, or imaging 

for a defense article and therefore 

warrant USML control. 

Paragraph (a)(3) is added for 

electronic or optical weapon 

positioning, laying, or spotting systems. 

Paragraph (a)(4) is added for certain 

laser spot trackers and laser spot 

detectors that are for laser target 

designators or coded laser target 

markers controlled in paragraph (b)(1). 

The Department revised this control 

from the first proposed rule by tying it 

to paragraph (b)(1) to more specifically 

describe the kinds of items controlled 

by this paragraph. 

Paragraph (a)(5) is added for bomb 

sights and bombing computers. 

Paragraph (a)(6) is added for electrooptical missile or ordnance tracking 

systems. 

Paragraph (a)(7) is added for electrooptical ordnance guidance systems. 

Paragraph (a)(8) is added for electrooptical systems that automatically 

detect and locate weapons launch or 

fire. 

Paragraph (a)(9) is added for remote 

wind sensing systems specially 

designed for ballistic-corrected aiming. 

Paragraph (a)(10) is added for certain 

helmet mounted display (HMD) 

systems. In response to comments, the 

Department limited the scope of the 

control for HMD’s with optical sights or 

slewing devices that control infrared 

imaging systems and end items from the 

first proposed rule, to those infrared 

systems and end items that are also 

defense articles themselves. This 

clarifies that HMDs for civilian 

firefighter systems are not described in 

this control. 

Paragraph (b) is revised to add 

subparagraphs (1) through (7) to more 

clearly describe the articles controlled 

in (b). Controls on lasers and others 

parts and components of laser systems 

are moved to paragraph (e). 

Paragraph (b)(1) is added for laser 

target designators or coded target 

markers that mediate the delivery of 

ordnance to a target. The Department 

made the control language from the first 

proposed rule more specific to more 

completely describe the defense articles 

controlled by this paragraph. 

Paragraph (b)(2) is added for infrared 

laser target illumination systems having 

a variable beam divergence. The 

Department made the control language 

from the first proposed rule more 

specific to more completely describe the 

defense articles controlled by this 

paragraph. 

Paragraph (b)(3) is added for certain 

laser range finders. In response to 

comments, the Department revised the 

control language from the first proposed 

rule to specify only laser ranger finders 

operating at a wavelength of 1064 nm 

and having a Q-switched pulse output, 

and laser ranger finders operating in 

excess of 1064 nm and meeting certain 

technical parameters. 

Paragraph (b)(4) is added for certain 

targeting or target location systems. In 

response to public comments, the 

Department revised the control from the 

first proposed rule to require that the 

system use a Global Navigation Satellite 

System (GNSS), guidance, or navigation 

defense article. 

Paragraph (b)(5) is added for optical 

augmentation systems. 

Paragraph (b)(6) is added for light 

detection and ranging (LIDAR), laser 

detection and ranging (LADAR), or 

range-gated systems specially designed 

for a military end user. 

Paragraph (b)(7) is added for 

developmental lasers and laser systems 

funded by the Department of Defense, 

with certain exceptions. 

Paragraph (c) is revised to add 

subparagraphs (1) through (9) to more 

clearly describe the articles controlled 

in (c). Controls on image intensifier 

tubes (IITs), infrared focal plane arrays 

(IRFPAs), IRFPA dewar cooler 

assemblies (IDCAs), gimbals, and other 

parts and components of imaging 

systems are moved to paragraph (e). 

Paragraph (c)(1) is added for night 

vision or infrared cameras specially 

designed for defense articles. The 

Department revised this entry in 

response to comments regarding nonmilitary uses of cameras and imaging 

systems described in the first proposed 

rule. As a specially designed component 

of another defense article, a camera, as 

defined in the Note to paragraph (c)(1), 

is eligible for paragraph (b) of specially 

designed in § 120.41. 


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Paragraph (c)(2) is added for certain 

binoculars, bioculars, monoculars, 

goggles, or head or helmet-mounted 

imaging systems. The Department 

revised this entry in response to 

comments regarding non-military uses 

of binocular, goggles, and other close 

eye systems described in the first 

proposed rule. For articles that employ 

third generation IITs or are sensor fused, 

the Department described the articles 

based on their technical characteristics. 

For articles with an IRFPA or infrared 

imaging camera, the articles are 

controlled if specially designed for a 

military end user. 

Paragraph (c)(3) is added for targeting 

systems specially designed for defense 

articles. 

Paragraph (c)(4) is added for infrared 

search and track (IRST) systems that 

utilize a longwave IRFPA and maintain 

positional or angular state of a target 

through time. The Department revised 

this control from the first proposed rule 

in response to public comments 

regarding non-military IRST systems. 

Paragraph (c)(5) is added for certain 

infrared imaging systems, described in 

nine subparagraphs: (1) Mobile systems 

that provide real-time target location at 

ranges greater than 5 km; (2) airborne 

stabilized systems specially designed for 

military reconnaissance; (3) 

multispectral imaging systems that 

classify or identify military or 

intelligence targets or characteristics; (4) 

automated missile detection or warning 

systems; (5) systems hardened to 

withstand electromagnetic pulse (EMP) 

or chemical, biological, or radiological 

threats; (6) systems incorporating 

mechanisms to reduce signature; (7) 

certain aerial persistent surveillance 

systems; (8) certain gimbaled infrared 

systems; (9) systems specially designed 

for USML platforms. The Department 

revised this entry from the first 

proposed rule in response to comments 

regarding non-military imaging systems 

described in the proposed rule. 

Paragraph (c)(6) is added for certain 

terahertz imaging systems. In response 

to public comments, the Department 

revised the technical parameter from the 

first proposed rule from 0.3 milliradians 

to 0.1 milliradians. 

Paragraph (c)(7) is added for systems 

or equipment incorporating an infrared 

beacon or emitter specially designed for 

Combat Identification. The Department 

revised this entry to Combat 

Identification from Identification Friend 

or Foe (IFF) in the first proposed rule in 

response to public confusion regarding 

IFF. 

Paragraph (c)(8) is added for systems 

that project radiometrically calibrated 

scenes directly into the entrance 

aperture of an electro-optical or infrared 

(EO/IR) sensor controlled in this 

subchapter within either the spectral 

band exceeding 10 nm but not 

exceeding 400 nm, or the spectral band 

exceeding 900 nm but not exceeding 

30,000 nm. 

Paragraph (c)(9) is added for 

developmental imaging systems funded 

by the Department of Defense. 

Paragraph (d) is revised to include 

controls on GNSS equipment previously 

controlled in Category XV and to add 

subparagraphs (1) through (6) to more 

clearly describe the articles controlled 

in (d). Controls on inertial measurement 

units, accelerometers, gyroscopes, 

GNNS security devices, and other parts 

and components of navigation systems 

are moved to paragraph (e). 

Paragraph (d)(1) is added for certain 

guidance or navigation systems. The 

Department did not adopt public 

comments to revise this entry to items 

specially designed for the military. 

Rather the Department has revised the 

technical parameters from the first 

proposed rule to a level that more 

clearly describes the military critical 

technology. 

Paragraph (d)(2) is added for GNSS 

receiving equipment, moved from 

Category XV. 

Paragraph (d)(3) is added for GNSS 

anti-jam systems specially designed for 

use with the anti-jam antennae 

described in USML Category XI(c)(10). 

In response to public comments, the 

Department revised the entry for antijam GNNS systems from the first 

proposed rule by expressly linking the 

control to the anti-jam antennae 

described in USML Category XI(c)(10). 

Paragraph (d)(4) is added for certain 

mobile relative gravimeters. 

Paragraph (d)(5) is added for certain 

mobile gravity gradiometers. 

Paragraph (d)(6) is added for 

developmental guidance, navigation, or 

control systems funded by the 

Department of Defense. 

Paragraph (e) is revised to add 

subparagraphs (1) through (23) to more 

clearly describe the parts and 

components for the systems in (a)–(d) 

that are controlled in (e). 

Paragraph (e)(1) is added for parts and 

components specially designed for 

articles described in paragraph (a)(1) or 

(a)(8). 

Paragraph (e)(2) is added for lasers 

specially designed for defense articles. 

In response to public comments 

regarding the non-military uses of lasers 

described in the first proposed rule, the 

Department limited this entry to lasers 

that are specially designed for defense 

articles. 

Paragraph (e)(3) is added for laser 

stacked arrays specially designed for 

defense articles. In response to public 

comments regarding the non-military 

uses of laser stacked arrays described in 

the first proposed rule, the Department 

limited this entry to laser stacked arrays 

that are unique to defense articles. 

Paragraph (e)(4) is added for IRFPAs 

specially designed for defense articles. 

In response to public comments, the 

Department completely revised the 

controls on IRFPAs from the first 

proposed rule, limiting the USML 

control to those that are unique to 

defense articles. 

Paragraph (e)(5) is added for certain 

charge multiplication focal plane arrays 

specially designed for defense articles. 

In response to public comments, the 

Department completely revised the 

controls on charge multiplication focal 

plane arrays from the first proposed 

rule, limiting the USML control to those 

that are unique to defense articles. 

Paragraph (e)(6) is added for second 

generation and greater IITs specially 

designed for defense articles, and 

specially designed parts and 

components therefor. This control 

includes third generation IITs, EBAPS, 

night vision and thermal fused IITs, and 

all subsequent IIT designs. In response 

to public comments, the Department 

completely revised the controls on IITs 

from the first proposed rule, limiting the 

USML control to those that are unique 

to defense articles. 

Paragraph (e)(7) is added for parts and 

components specially designed for 

articles described in paragraph (c)(3), 

(c)(4), or (c)(5)(vi)–(vii). 

Paragraph (e)(8) is added for inertial 

measurement units specially designed 

for defense articles. In response to 

public comments, the Department 

revised the controls on inertial 

measurement units from the first 

proposed rule to a technical parameter 

based control to a control on all inertial 

measurement units that are unique to 

defense articles. 

Paragraph (e)(9) is added for GNSS 

security devices, Selective Availability 

Anti-Spoofing Module (SAASM), 

Security Module (SM), and Auxiliary 

Output Chip (AOC) chips. 

Paragraph (e)(10) is added for certain 

accelerometers that meet the technical 

parameters. In response to public 

comments regarding the non-military 

uses of accelerometers described in the 

first proposed rule, the Department 

revised this entry to more specifically 

describe the items warranting control on 

the USML. 

Paragraph (e)(11) is added for certain 

gyroscopes and angular rate sensors that 

meet the technical parameters. In 


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response to public comments regarding 

the non-military uses of gyroscopes and 

angular rate sensors described in the 

first proposed rule, the Department 

revised this entry to more specifically 

describe the items warranting control on 

the USML. 

Paragraph (e)(12) is added for optical 

sensors that have a spectral filter that is 

specially designed for items controlled 

in USML Category XI(a)(4) and optical 

sensor assemblies that provide threat 

warning or tracking for those items 

controlled in USML Category XI(a)(4). In 

response to public comments, the 

Department revised the control from the 

first proposed rule to add the specially 

designed control parameter. 

Paragraph (e)(13) is added for read-out 

integrated circuits (ROICs) specially 

designed for defense articles. 

Paragraph (e)(14) is added for IDCAs, 

with or without an IRFPA, specially 

designed for defense articles, other than 

those in USML Category XV, and 

specially designed parts and 

components therefor. 

Paragraph (e)(15) is added for gimbals 

specially designed for defense articles in 

this category. 

Paragraph (e)(16) is added for IRFPA 

Joule-Thomson (JT) self-regulating 

cryostats specially designed for defense 

articles. 

Paragraph (e)(17) is added for infrared 

lenses, mirrors, beam splitters or 

combiners, filters, and treatments and 

coatings, specially designed for defense 

articles. 

Paragraph (e)(18) is added for drive, 

control, signal, or image processing 

electronics specially designed for 

defense articles in this category. 

Paragraph (e)(19) is added for near-toeye displays specially designed for 

defense articles in this category. 

Paragraph (e)(20) is added for 

resonators, receivers, transmitters, 

modulators, gain media, and drive 

electronics or frequency converters 

specially designed for defense articles in 

this category. 

Paragraph (e)(21) is added for twodimensional infrared scene projector 

emitter arrays (i.e., resistive arrays) 

specially designed for infrared scene 

generators controlled in USML Category 

IX(a)(10). 

Paragraph (e)(22) is added for 

classified parts, components, 

accessories, attachments, and associated 

equipment. 

Paragraph (e)(23) is added for 

developmental IITs, FPAs, ROICs, 

accelerometers, gyroscopes, angular rate 

sensors, and inertial measurement units 

funded by the Department of Defense. 

Paragraph (f) is revised to more 

clearly describe the technical data and 

defense services controlled in paragraph 

(f). In response to public comments, the 

Department significantly revised 

paragraph (f), so that it now mirrors the 

other technical data and defense 

services paragraphs in ECR-revised 

USML Categories. 

A new (x) paragraph has been added 

to USML Category XII, allowing ITAR 

licensing for commodities, software, and 

technology subject to the EAR provided 

those commodities, software, and 

technology are to be used in or with 

defense articles controlled in USML 

Category XII and are described in the 

purchase documentation submitted with 

the application. 

Finally, articles common to the 

Missile Technology Control Regime 

(MTCR) Annex and the USML are to be 

identified on the USML with the 

parenthetical ‘‘(MT)’’ at the end of each 

section containing such articles. A 

separate proposed rule will address the 

sections in the ITAR that include MTCR 

definitions. 

The following definitions explain and 

amplify terms used in this Category and 

are provided to assist exporters in 

understanding the scope of the 

proposed control. 

Charge multiplication is a form of 

electronic image amplification, the 

generation of charge carriers as a result 

of an impact ionization gain process. 

Focal plane array is a linear or twodimensional planar layer, or 

combination of planar layers, of 

individual detector elements, with or 

without readout electronics, which 

work in the focal plane. 

Note: This definition does not include a 

stack of single detector elements or any two, 

three, or four element detectors provided 

time delay and integration is not performed 

within the element. 

Image intensifier tube refers to an 

imaging device that incorporates a 

photoemissive transducer (i.e., 

photocathode) and achieves electron 

image amplification in the vacuum 

space. 

Multispectral refers to producing 

discrete outputs associated with more 

than one spectral band of response. 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some control parameters are 

proposed recognizing that they may 

control items in normal commercial use 

and on the Wassenaar Arrangement’s 

Dual Use List. With the thought that 

multiple perspectives would be 

beneficial to the USML revision process, 

the Department welcomes the assistance 

of users of the lists and requests input 

on the following: 

(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all the items that meet 

Wassenaar Arrangement commitments 

embodied in Munitions List Categories 

5, 11 and 15 (WA–ML15) and the 

relevant Dual Use List Categories 

including the IRFPAs in Category 6 

(WA–DU 6.A.2). To that end, the public 

is asked to identify any potential lack of 

coverage brought about by the proposed 

rules for Category XII contained in this 

notice and the new and revised ECCNs 

published separately by the Department 

of Commerce when reviewed together. 

(2) Another key goal of this 

rulemaking is to identify items proposed 

for control on the USML or the CCL that 

are not controlled on the Wassenaar 

Arrangement’s Munitions or Dual Use 

List. The public is asked to identify any 

items proposed for control on the USML 

that are not controlled on the Wassenaar 

Arrangement’s Munitions or Dual Use 

List. 

(3) A third key goal of this rulemaking 

is to establish a ‘‘bright line’’ between 

the USML and the CCL for the control 

of these materials. The public is asked 

to provide specific examples of control 

criteria that do not clearly describe 

items that would be defense articles and 

thus do not establish a ‘‘bright line’’ 

between the USML and the CCL. 

(4) Although the proposed revisions 

to the USML do not preclude the 

possibility that items in normal 

commercial use would or should be 

ITAR-controlled because, e.g., they 

provide the United States with a critical 

military or intelligence advantage, the 

U.S. government does not want to 

inadvertently control items on the ITAR 

that are in normal commercial use. 

Items that would be controlled on the 

USML in this proposed rule have been 

identified as possessing parameters or 

characteristics that provide a critical 

military or intelligence advantage. The 

public is thus asked to provide specific 

examples of items, if any, that would be 

controlled by the revised USML 

Category XII that are now in normal 

commercial use. The examples should 

demonstrate actual commercial use, not 

just potential or theoretical use, with 

supporting documents, as well as 

foreign availability of such items. 

(5) For any criteria the public believes 

control items in normal commercial use, 

the public is asked to identify 

parameters or characteristics that 

differentiate such items from items 

exclusively or primarily in military use. 

(6) For any criteria the public believes 

control items in normal commercial use, 

the public is asked to identify the 

multilateral controls (such as the 

Wassenaar Arrangement’s Dual Use 


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List), if any, for such items, and the 

consequences of such items being 

controlled on the USML. 

(7) The Department seeks public 

comment on each paragraph of the 

proposed USML Category XII. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act (APA). Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. 

Regulatory Flexibility Act 

Since this rule is exempt from the 

rulemaking provisions of 5 U.S.C. 553, 

it does not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed amendment does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

amendment does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this proposed 

amendment. 

Executive Orders 12866 and 13563 

Executive Orders 13563 and 12866 

direct agencies to assess costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

Executive Order 12988 to eliminate 

ambiguity, minimize litigation, establish 

clear legal standards, and reduce 

burden. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal law. 

Accordingly, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

Following is a listing of approved 

Department of State information 

collections that will be affected by 

revision of the U.S. Munitions List 

(USML) and the Commerce Control List 

pursuant to the President’s Export 

Control Reform (ECR) initiative. The list 

of collections and the description of the 

manner in which they will be affected 

pertains to revision of the USML in its 

entirety, not only to the categories 

published in this rule. In accordance 

with the Paperwork Reduction Act, the 

Department of State will request 

comment on these collections from all 

interested persons at the appropriate 

time. In particular, the Department will 

seek comment on changes to licensing 

burden based on implementation of 

regulatory changes pursuant to ECR, and 

on projected changes based on 

continued implementation of regulatory 

changes pursuant to ECR. The 

information collections are as follows: 

(1) Statement of Registration, DS– 

2032, OMB No. 1405–0002. The 

Department estimates that between 

3,000 and 5,000 of the currently 

registered persons will not need to 

maintain registration following full 

revision of the USML. This would result 

in a burden reduction of between 6,000 

and 10,000 hours annually, based on a 

revised time burden of two hours to 

complete a Statement of Registration. 

(2) Application/License for Permanent 

Export of Unclassified Defense Articles 

and Related Unclassified Technical 

Data, DSP–5, OMB No. 1405–0003. The 

Department estimates that there will be 

35,000 fewer DSP–5 submissions 

annually following full revision of the 

USML. This would result in a burden 

reduction of 35,000 hours annually. 

(3) Application/License for 

Temporary Import of Unclassified 

Defense Articles, DSP–61, OMB No. 

1405–0013. The Department estimates 

that there will be 200 fewer DSP–61 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 100 hours 

annually. 

(4) Application/License for 

Temporary Export of Unclassified 

Defense Articles, DSP–73, OMB No. 

1405–0023. The Department estimates 

that there will be 800 fewer DSP–73 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 800 hours 

annually. 

(5) Application for Amendment to 

License for Export or Import of 

Classified or Unclassified Defense 

Articles and Related Technical Data, 

DSP–6, –62, –74, –119, OMB No. 1405– 

0092. The Department estimates that 

there will be 2,000 fewer amendment 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 1,000 hours 

annually. 

(6) Request for Approval of 

Manufacturing License Agreements, 

Technical Assistance Agreements, and 

Other Agreements, DSP–5, OMB No. 

1405–0093. The Department estimates 

that there will be 1,000 fewer agreement 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 2,000 hours 

annually. 

(7) Maintenance of Records by 

Registrants, OMB No. 1405–0111. The 

requirement to actively maintain 

records pursuant to provisions of the 

ITAR will decline commensurate with 

the drop in the number of persons who 

will be required to register with the 


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Department pursuant to the ITAR. As 

stated above, the Department estimates 

that up to 5,000 of the currentlyregistered persons will not need to 

maintain registration following full 

revision of the USML. This would result 

in a burden reduction of 100,000 hours 

annually. However, the ITAR does 

provide for the maintenance of records 

for a period of five years. Therefore, 

persons newly relieved of the 

requirement to register with the 

Department may still be required to 

maintain records. 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, title 22, chapter I, subchapter M, 

part 121 is proposed to be amended as 

follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 

Stat. 1920; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

§ 121.1 [Amended] 

■ 2. Section 121.1 is amended by: 

■ a. Removing and reserving paragraph 

(e) in U.S. Munitions List Category VIII. 

■ b. Revising U.S. Munitions List 

Category XII: 

■ c. Removing and reserving paragraph 

(a) in U.S. Munitions List Category XIII. 

■ d. Removing and reserving paragraph 

(c) in U.S. Munitions List Category XV. 

The revision to read as follows: 

§ 121.1 The United States Munitions List. 

* * * * * 

Category XII—Fire Control, Laser, 

Imaging, and Guidance and Control 

Equipment 

* (a) Fire control and aiming systems, 

as follows: 

(1) Fire control systems; 

(2) Weapon sights, weapon aiming 

systems, and weapon imaging systems 

(e.g., clip-on), with or without an 

integrated viewer, display, or reticle, 

specially designed for an article subject 

to this subchapter and also 

incorporating or specially designed to 

incorporate any of the following: 

(i) An infrared focal plane array 

having a peak response at a wavelength 

exceeding 1,000 nm; 

(ii) Second generation or greater 

image intensifier tubes; 

(iii) A ballistic computer for adjusting 

the aim point display; or 

(iv) Infrared laser having a wavelength 

exceeding 710 nm; 

(3) Electronic or optical weapon 

positioning, laying, or spotting systems; 

(4) Laser spot trackers and laser spot 

detection, location, or imaging systems, 

with an operational wavelength shorter 

than 400 nm or longer than 710 nm and 

that are for laser target designators or 

coded laser target markers controlled in 

paragraph (b)(1); 

Note to paragraph (a)(4): For controls 

on LIDAR, see paragraph (b)(6) of this 

category. 

(5) Bomb sights or bombing 

computers; 

(6) Electro-optical missile or ordnance 

tracking systems, 

(7) Electro-optical ordnance guidance 

systems; 

(8) Electro-optical systems that 

automatically detect and locate weapons 

launch or fire; 

(9) Remote wind-sensing systems 

specially designed for ballistic-corrected 

aiming; or 

(10) Helmet mounted display (HMD) 

systems or end items, incorporating 

optical sights or slewing devices that 

aim, launch, track, or manage 

munitions, or control infrared imaging 

systems or end items described in this 

category, other than such items 

controlled in Category VIII (e.g., Combat 

Vehicle Crew HMD, Mounted Warrior 

HMD, Integrated Helmet Assembly 

Subsystem, Drivers Head Tracked 

Vision System); 

* (b) Laser systems and end items, as 

follows: 

(1) Laser target designators or coded 

target markers that mediate the delivery 

of ordnance to a target; 

(2) Target illumination systems 

having a variable beam divergence, and 

a laser output wavelength exceeding 710 

nm, to artificially light an area to search 

for or locate a target; 

(3) Laser rangefinders having any of 

the following: 

(i) Output wavelength of 1064 nm and 

any Q-switched pulse output; or 

(ii) Output wavelength exceeding 

1064 nm and any of the following: 

(A) Single shot ranging capability of 3 

km or greater against a standard 2.3 m 

x 2.3 m NATO target having 10% 

reflectivity and 23 km visibility; or 

(B) Multiple shot ranging capability at 

3 Hz or greater of 1 km or greater against 

a standard 2.3 m x 2.3 m NATO target 

having 10% reflectivity and 23 km 

visibility; 

(4) Targeting systems and target 

location systems, incorporating or 

specially designed to incorporate a laser 

rangefinder and incorporating or 

specially designed to incorporate a 

Global Navigation Satellite System 

(GNSS), guidance, or navigation defense 

article controlled in paragraph (d) of 

this category (MT if designed or 

modified for rockets, missiles, space 

launch vehicles (SLVs), drones, or 

unmanned aerial vehicle systems 

capable of delivering at least a 500 kg 

payload to a range of at least 300 km); 

(5) Systems specially designed to use 

laser energy with an output wavelength 

exceeding 710 nm to exploit differential 

target-background retroreflectance in 

order to detect personnel or optical/

electro-optical equipment (e.g., optical 

augmentation systems); 

(6) Light detection and ranging 

(LIDAR), laser detection and ranging 

(LADAR), or range-gated systems 

specially designed for a military end 

user (MT if designed or modified for 

rockets, missiles, SLVs, drones, or 

unmanned aerial vehicle systems 

capable of delivering at least a 500 kg 

payload to a range of at least 300 km); 

or 

(7) Developmental lasers or laser 

systems funded by the Department of 

Defense via contract or other funding 

authorization; 

Note 1 to paragraph (b)(7): This paragraph 

does not control lasers or laser systems: (a) 

In production, (b) determined to be subject to 

the EAR via a commodity jurisdiction 

determination (see § 120.4 of this 

subchapter), or (c) 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 (b)(7): Note 1 does not 

apply to defense articles enumerated on the 

U.S. Munitions List, whether in production 

or development. 

Note 3 to paragraph (b)(7): This provision 

is applicable to those contracts or other 

funding authorizations that are dated XXXX, 

2017 or later. 

* (c) Night vision, infrared, or 

terahertz imaging systems or end items, 

as follows: 

(1) Night vision or infrared cameras 

specially designed for articles in this 

subchapter; 

Note to paragraph (c)(1): The articles 

controlled by this paragraph have sufficient 

electronics to enable at a minimum the 

output of an analog or digital signal once 

power is applied. 

(2) Binoculars, bioculars, monoculars, 

goggles, or head or helmet-mounted 

imaging systems (including video-based 

articles having a separate near-to-eye 

display), as follows: 

(i) Incorporating an autogated third 

generation image intensifier tube or a 

higher generation image intensifier tube; 

(ii) Fusing output of an image 

intensifier tube and an infrared focal 


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plane array having a peak response 

greater than 1,000 nm; or 

(iii) Having an infrared focal plane 

array or imaging camera, and is 

specially designed for a military end 

user; 

(3) Targeting systems specially 

designed for articles in this subchapter; 

(4) Infrared search and track (IRST) 

systems, that: 

(i) Incorporate or are specially 

designed to incorporate an infrared focal 

plane array or imaging camera, having a 

peak response within the wavelength 

range exceeding 3 microns or greater; 

and 

(ii) Maintain positional or angular 

state of a target through time; 

(5) Infrared imaging systems, as 

follows: 

(i) Mobile reconnaissance, scout, or 

surveillance systems providing real-time 

target location at ranges greater than 5 

km (e.g., LRAS, CIV, HTI, SeeSpot, 

MMS); 

(ii) Airborne stabilized systems 

specially designed for military 

reconnaissance (e.g., DB–110, C–B4); 

(iii) Multispectral imaging systems 

that classify or identify military or 

intelligence targets or characteristics; 

(iv) Automated missile detection or 

warning systems; 

(v) Systems hardened to withstand 

electromagnetic pulse (EMP) or 

chemical, biological, or radiological 

threats; 

(vi) Systems incorporating 

mechanism(s) to reduce signature; 

(vii) Persistent surveillance systems 

with a ground sample distance (GSD) of 

0.5 m or better (smaller) at 10,000 ft 

AGL and a simultaneous coverage area 

of 3 km2 or greater; 

(viii) Gimbaled infrared systems, as 

follows: 

(A) Having a stabilization better (less) 

than 30 microradians RMS and a turret 

with a ball diameter of 15 inches or 

greater; or 

(B) Specially designed for articles in 

this subchapter; or 

(ix) Systems specially designed for 

military platforms controlled in this 

subchapter (MT if for determining 

bearings to specific electromagnetic 

sources (direction finding equipment) or 

terrain characteristics and designed or 

modified for rockets, missiles, SLVs, 

drones, or unmanned aerial vehicle 

systems capable of delivering at least a 

500 kg payload to a range of at least 300 

km); 

(6) Terahertz imaging systems having 

a peak response in the frequency range 

exceeding 30 GHz but not exceeding 

3000 GHz, and having a resolution less 

(better) than 0.1 milliradians at a 

standoff range of 100 m; 

(7) Systems or equipment, 

incorporating an infrared (IR) beacon or 

emitter, specially designed for Combat 

Identification; 

(8) Systems that project 

radiometrically calibrated scenes at a 

frame rate greater than 30 Hz directly 

into the entrance aperture of an electrooptical or infrared (EO/IR) sensor 

controlled in this subchapter within 

either the spectral band exceeding 10 

nm but not exceeding 400 nm, or the 

spectral band exceeding 900 nm but not 

exceeding 30,000 nm; 

(9) Developmental electro-optical, 

infrared, or terahertz systems funded by 

the Department of Defense. 

Note 1 to paragraph (c)(9): This paragraph 

does not control electro-optical, infrared, or 

terahertz imaging systems: (a) In production, 

(b) determined to be subject to the EAR via 

a commodity jurisdiction determination (see 

§ 120.4 of this subchapter, or (c) 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 (c)(9): Note 1 does not 

apply to defense articles enumerated on the 

U.S. Munitions List, whether in production 

or development. 

Note 3 to paragraph (c)(9): This provision 

is applicable to those contracts or other 

funding authorizations that are dated XXXX, 

2017 or later. 

(d) Guidance, navigation, and control 

systems or end items, as follows: 

(1) Guidance or navigation systems 

(e.g., inertial navigation systems, inertial 

reference units, attitude and heading 

reference systems) as follows (MT if 

designed or modified for rockets, 

missiles, SLVs, drones, or unmanned 

aerial vehicle systems capable of a range 

greater than or equal to 300 km); 

(i) Having a circle of equal probability 

(CEP) of position error rate less (better) 

than 0.28 nautical miles per hour, 

without the use of positional aiding 

references; 

(ii) Having a heading error or true 

north determination of less (better) than 

0.28 mrad secant (latitude) (0.016043 

degrees secant (latitude)); 

(iii) Having a CEP of position error 

rate less than 0.2 nautical miles in an 8 

hour period, without the use of 

positional aiding references; or 

(iv) Specified to function at linear 

acceleration levels exceeding 25 g; 

Note 1 to paragraph (d)(1): For rocket, 

SLV, or missile flight control and guidance 

systems (including guidance sets), see 

Category IV(h). 

Note 2 to paragraph (d)(1): Inertial 

measurement units are described in 

paragraph (e) of this category. 

(2) Global Navigation Satellite System 

(GNSS) receiving equipment, as follows: 

(i) GNSS receiving equipment 

specially designed for military 

applications (MT if designed or 

modified for airborne applications and 

capable of providing navigation 

information at speeds in excess of 600 

m/s); 

(ii) Global Positioning System (GPS) 

receiving equipment specially designed 

for encryption or decryption (e.g., YCode, M-Code) of GPS precise 

positioning service (PPS) signals (MT if 

designed or modified for airborne 

applications); 

(iii) GPS receiving equipment 

specially designed for use with an 

antenna described in Category XI(c)(10) 

(MT if designed or modified for airborne 

applications); or 

(iv) GPS receiving equipment 

specially designed for use with rockets, 

missiles, SLVs, drones, or unmanned air 

vehicle systems capable of delivering at 

least a 500 kg payload to a range of at 

least 300 km (MT); 

Note to paragraph (d)(2)(iv): ‘‘Payload’’ is 

the total mass that can be carried or delivered 

by the specified rocket, missile, SLV, drone 

or unmanned aerial vehicle that is not used 

to maintain flight. For definition of ‘‘range’’ 

as it pertains to rocket systems, see note 1 to 

paragraph (a) of USML Category IV. For 

definition of ‘‘range’’ as it pertains to aircraft 

systems, see note to paragraph (a) of USML 

Category VIII. 

(3) GNSS anti-jam systems specially 

designed for use with an antenna 

described in Category XI(c)(10); 

(4) Mobile relative gravimeters having 

automatic motion compensation, with 

an in-service accuracy of less (better) 

than 0.4 mGal (MT if designed or 

modified for airborne or marine use and 

having a time to steady-state registration 

of two minutes or less); 

(5) Mobile gravity gradiometers 

having an accuracy of less (better) than 

10 Eotvos squared per radian per second 

for any component of the gravity 

gradient tensor, and having a spatial 

gravity wavelength resolution of 50 m or 

less (MT if designed or modified for 

airborne or marine use); 

Note to paragraph (d)(5): ‘‘Eotvos’’ is a unit 

of acceleration divided by distance that was 

used in conjunction with the older 

centimeter-gram-second system of units. The 

Eotvos is defined as 1/1,000,000,000 Galileo 

(Gal) per centimeter. 

(6) Developmental guidance, 

navigation, or control systems funded 

by the Department of Defense (MT if 

designed or modified for rockets, 

missiles, SLVs, drones, or unmanned 

aerial vehicle systems capable of a range 

equal to or greater than 300 km); 


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Note 1 to paragraph (d)(6): This paragraph 

does not control guidance, navigation, or 

control systems: (a) In production, (b) 

determined to be subject to the EAR via a 

commodity jurisdiction determination (see 

§ 120.4 of this subchapter), or (c) 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 (d)(6): Note 1 does not 

apply to defense articles enumerated on the 

U.S. Munitions List, whether in production 

or development. 

Note 3 to paragraph (d)(6): This provision 

is applicable to those contracts or other 

funding authorizations that are dated XXXX, 

2017, or later. 

Note 4 to paragraph (d)(6): For definition 

of ‘‘range’’ as it pertains to rocket systems, 

see note 1 to paragraph (a) of USML Category 

IV. For definition of ‘‘range’’ as it pertains to 

aircraft systems, see note to paragraph (a) of 

USML Category VIII. 

(e) Parts, components, accessories, or 

attachments, as follows: 

(1) Parts and components specially 

designed for articles described in 

paragraph (a)(1) or (a)(8) of this section; 

(2) Lasers specially designed for 

articles in this subchapter; 

(3) Laser stacked arrays specially 

designed for articles in this category; 

(4) Infrared focal plane arrays 

(IRFPAs) specially designed for articles 

in this subchapter; 

(5) Charge multiplication focal plane 

arrays exceeding 50 mA/W for any 

wavelength exceeding 760 nm and 

specially designed for articles described 

in this subchapter; 

(6) Second generation and greater 

image intensifier tubes specially 

designed for articles in this subchapter, 

and specially designed parts and 

components therefore; 

Note to paragraph (e)(6): Second and third 

generation image intensifier tubes are defined 

as having a peak response within the 0.4 to 

1.05 micron wavelength range and 

incorporating a microchannel plate for 

electron image amplification having a hole 

pitch (center-to-center spacing) of less than 

25 microns and having either: (a) An S–20, 

S–25, or multialkali photo cathode; or (b) a 

GaAs, GaInAs, or other III–V compound 

semiconductor photocathode. 

(7) Parts and components specially 

designed for articles described in 

paragraph (c)(3), (c)(4), or (c)(5)(vi)–(vii); 

(8) Inertial measurement units 

specially designed for articles in this 

subchapter (MT for systems 

incorporating accelerometers specified 

in (e)(10) or gyroscopes or angular rate 

sensors specified in (e)(11) that are 

designated MT); 

(9) GNSS security devices (e.g., 

Selective Availability Anti-Spoofing 

Modules (SAASM), Security Modules 

(SM), and Auxiliary Output Chips 

(AOC); 

(10) Accelerometers having a bias 

repeatability of less (better) than 10 mg 

and a scale factor repeatability of less 

(better) than 10 parts per million, or 

capable of measuring greater than 

100,000 g (MT); 

Note 1 to paragraph (e)(10): For weapon 

fuze accelerometers, see Category III(d) or 

IV(h). 

Note 2 to paragraph (e)(10): MT 

designation does not include accelerometers 

that are designed to measure vibration or 

shock. 

(11) Gyroscopes or angular rate 

sensors as follows (MT if having a rated 

drift stability of less than 0.5 degrees (1 

sigma or rms) per hour in a 1 g 

environment or specified to function at 

acceleration levels greater than 100 g): 

(i) Having an angle random walk of 

less (better) than 0.001 degrees per 

square root hour; or 

(ii) Mechanical gyroscopes or rate 

sensors having a bias repeatability less 

(better) than 0.0015 degrees per hour; 

Note to paragraphs (e)(10) and (e)(11): 

‘‘Repeatability’’ is the closeness of agreement 

among repeated measurements of the same 

variable under the same operating conditions 

when changes in conditions or non-operating 

periods occur between measurements. 

‘‘Bias’’ is the accelerometer output when 

no acceleration is applied. 

‘‘Scale factor’’ is the ratio of change in 

output to a change in the input. 

The measurement of ‘‘bias’’ and ‘‘scale 

factor’’ refers to one sigma standard deviation 

with respect to a fixed calibration over a 

period of one year. 

‘‘Drift Rate’’ is the component of gyro 

output that is functionally independent of 

input rotation and is expressed as an angular 

rate. 

‘‘Stability’’ is a measure of the ability of a 

specific mechanism or performance 

coefficient to remain invariant when 

continuously exposed to a fixed operating 

condition. (This definition does not refer to 

dynamic or servo stability.) 

(12) Optical sensors having a spectral 

filter specially designed for systems or 

equipment controlled in USML Category 

XI(a)(4), or optical sensor assemblies 

that provide threat warning or tracking 

for systems or equipment controlled in 

Category XI(a)(4); 

(13) Read-out integrated circuits 

(ROICs) specially designed for articles 

in this subchapter; 

(14) Integrated IRFPA dewar cooler 

assemblies (IDCAs), with or without an 

IRFPA, specially designed for articles in 

this subchapter other than Category XV, 

and specially designed parts and 

components therefore; 

(15) Gimbals specially designed for 

articles in this category; 

(16) IRFPA Joule-Thomson (JT) selfregulating cryostats specially designed 

for articles controlled in this 

subchapter; 

(17) Infrared lenses, mirrors, beam 

splitters or combiners, filters, and 

treatments and coatings, specially 

designed for articles controlled in this 

category; 

(18) Drive, control, signal, or image 

processing electronics, specially 

designed for articles controlled in this 

category; 

(19) Near-to-eye displays specially 

designed for articles controlled in this 

category; 

(20) Resonators, receivers, 

transmitters, modulators, gain media, 

drive electronics, and frequency 

converters specially designed for laser 

systems controlled in this category; 

(21) Two-dimensional infrared scene 

projector emitter arrays (i.e., resistive 

arrays) specially designed for infrared 

scene generators controlled in USML 

Category IX(a)(10); 

* (22) Any part, component, 

accessory, attachment, or associated 

equipment, that: 

(i) Is classified; 

(ii) Contains classified software; 

(iii) Is manufactured using classified 

production data; or 

(iv) Is being developed using 

classified information. 

Note to paragraph (e)(22): ‘‘Classified’’ 

means classified pursuant to Executive Order 

13526, or predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the corresponding 

classification rules of another government. 

(23) Developmental image 

intensification tubes, focal plane arrays, 

read-out-integrated circuits, 

accelerometers, gyroscopes, angular rate 

sensors and inertial measurement units 

funded by the Department of Defense 

(MT if designed or modified for rockets, 

missiles, SLVs, drones, or unmanned 

aerial vehicle systems capable of a range 

equal to or greater than 300 km); 

Note 1 to paragraph (e)(23): This 

paragraph does not control items: (a) In 

production, (b) determined to be subject to 

the EAR via a commodity jurisdiction 

determination (see § 120.4 of this 

subchapter), or (c) 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 (e)(23): Note 1 does 

not apply to defense articles enumerated on 

the U.S. Munitions List, whether in 

production or development. 

Note 3 to paragraph (e)(23): This provision 

is applicable to those contracts or other 

funding authorizations that are dated XXXX, 

2017, or later. 


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(f) Technical data (see § 120.10) and 

defense services (see § 120.9) directly 

related to the defense articles 

enumerated in paragraphs (a) through 

(e) of this category and classified 

technical data directly related to items 

controlled in ECCNs 7A611, 7B611, and 

7D611. (See § 125.4 for exemptions.) 

(MT for technical data and defense 

services related to articles designated as 

such.) Technical data directly related to 

manufacture or production of any 

defense articles enumerated elsewhere 

in this category that are designated as 

Significant Military Equipment (SME) 

shall itself be designated as SME. 

(g)–(w) [Reserved] 

(x) Commodities, software, and 

technology subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technology subject 

to the EAR (see § 123.1(b) of this subchapter). 

Note to Category XII: For purposes of 

determining whether an item (i.e., system, 

end item, part, component, accessory, 

attachment, or software) is specially designed 

for a military end user, a ‘‘military end user’’ 

means the national armed services (army, 

navy, marine, air force, or coast guard), 

national guard, national police, government 

intelligence or reconnaissance organizations, 

or any person or entity whose actions or 

functions are intended to support military 

end uses. A system or end item is not 

specially designed for a military end user if 

the item was developed with knowledge that 

it is or would be for use by both military end 

users and non-military end users, or if the 

item was or is being developed with no 

knowledge for use by a particular end user. 

In such instances, documents 

contemporaneous with the development 

must establish such knowledge. 

* * * * * 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2016–03197 Filed 2–18–16; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–118867–10] 

RIN 1545–BJ53 

Requirements for Type I and Type III 

Supporting Organizations 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This document contains 

proposed regulations regarding the 

prohibition on certain contributions to 

Type I and Type III supporting 

organizations and the requirements for 

Type III supporting organizations. The 

regulations reflect changes to the law 

made by the Pension Protection Act of 

2006. The regulations will affect Type I 

and Type III supporting organizations 

and their supported organizations. 

DATES: Written or electronic comments 

and requests for a public hearing must 

be received by May 19, 2016. 

ADDRESSES: Send submissions to: 

CC:PA:LPD:PR (REG–118867–10), Room 

5203, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. Submissions 

may be hand-delivered Monday through 

Friday between the hours of 8:00 a.m. 

and 4 p.m. to CC:PA:LPD:PR (REG– 

118867–10), Courier’s Desk, Internal 

Revenue Service, 1111 Constitution 

Avenue NW., Washington, DC, 20224 or 

sent electronically via the Federal 

eRulemaking Portal at http://

www.regulations.gov/ (IRS REG– 

118867–10). 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Jonathan Carter at (202) 317–5800 or 

Mike Repass at (202) 317–4086; 

concerning submissions of comments 

and requests for a public hearing, 

Regina Johnson at (202) 317–6901 (not 

toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Paperwork Reduction Act 

The collection of information 

contained in this notice of proposed 

rulemaking has been submitted to the 

Office of Management and Budget for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)). Comments on the 

collection of information should be sent 

to the Office of Management and 

Budget, Attn: Desk Officer for the 

Department of the Treasury, Office of 

Information and Regulatory Affairs, 

Washington, DC 20503, with copies to 

the Internal Revenue Service, Attn: IRS 

Reports Clearance Officer, 

SE:W:CAR:MP:T:T:SP, Washington, DC 

20224. Comments on the collection of 

information should be received by April 

19, 2016. 

Comments are specifically requested 

concerning: 

• Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the IRS, 

including whether the information will 

have practical utility; 

• The accuracy of the estimated 

burden associated with the proposed 

collection of information; 

• How the quality, utility, and clarity 

of the information to be collected may 

be enhanced; 

• How the burden of complying with 

the proposed collection of information 

may be minimized, including through 

forms of information technology; and 

• Estimates of capital or start-up costs 

and costs of operation, maintenance, 

and purchase of services to provide 

information. 

The collection of information in these 

proposed regulations is in § 1.509(a)– 

4(i)(4)(iv)(D) (written record of close 

cooperation and coordination by the 

governmental supported organizations) 

and § 1.509(a)–4(i)(6)(iii)(B) (written 

record of contributions received by the 

supported organization). Requiring the 

supporting organization to collect 

written records of its governmental 

supported organizations’ close 

cooperation and coordination with each 

other and written records of the 

contributions its supported 

organizations directly received in 

response to solicitations by the 

supporting organization permits the IRS 

to determine whether the supporting 

organization satisfies the requirements 

to be a functionally integrated or nonfunctionally integrated Type III 

supporting organization. The record 

keepers are Type III supporting 

organizations. 

Estimated number of recordkeepers: 

7,872. 

Estimated average annual burden 

hours per recordkeeper: 2 hours. 

Estimated total annual recordkeeping 

burden: 15,744. 

Estimated frequency of collection of 

such information: Annual. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by the Office of 

Management and Budget. 

Books or records relating to a 

collection of information must be 

retained as long as their contents may 

become material in the administration 


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