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Federal Register/Vol. 85, No. 15/Thursday, January Federal Register / Vol. 85, No. 15 / Thursday, January 23, 2020 / Rules and Regulations 3819 has reviewed this action for factors and The Amendment Authority: 49 U.S.C. 106(g), 40103, 40113, circumstances in which a normally 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– categorically excluded action may have In consideration of the foregoing, the 1963 Comp., p. 389. Federal Aviation Administration a significant environmental impact § 71.1 [Amended] requiring further analysis. The FAA has amends 14 CFR part 71 as follows: determined no extraordinary ■ 2. The incorporation by reference in circumstances exist that warrant PART 71—DESIGNATION OF CLASS A, 14 CFR 71.1 of FAA Order 7400.11D, preparation of an environmental B, C, D, AND E AIRSPACE AREAS; AIR Airspace Designations and Reporting assessment or environmental impact TRAFFIC SERVICE ROUTES; AND Points, dated August 8, 2019, and study. REPORTING POINTS effective September 15, 2019, is amended as follows: List of Subjects in 14 CFR Part 71 ■ 1. The authority citation for part 71 Paragraph 6011 United States Area Airspace, Incorporation by reference, continues to read as follows: Navigation Routes. Navigation (air). * * * * * T–217 LEXINGTON, KY (HYK) TO BONEE, OH [AMENDED] Lexington, KY (HYK) VORTAC (Lat. 37°57′58.86″ N, long. 84°28′21.06″ W) BOSTR, OH FIX (Lat. 38°53′08.13″ N, long. 84°04′58.02″ W) HEDEN, OH FIX (Lat. 39°16′44.88″ N, long. 84°02′02.37″ W) PRUDE, OH FIX (Lat. 39°25′44.92″ N, long. 83°56′58.60″ W) Springfield, OH (SGH) DME (Lat. 39°50′11.55″ N, long. 83°50′41.84″ W) BONEE, OH FIX (Lat. 40°03′08.85″ N, long. 83°56′56.15″ W) * * * * * DATES: This final rule is effective March a companion rule in this edition of the Issued in Washington, DC, on January 15, 9, 2020. Federal Register. Pursuant to section 38(a)(1) of the 2020. FOR FURTHER INFORMATION CONTACT: Scott M. Rosenbloom, Arms Export Control Act (AECA), all Sarah Heidema, Office of Defense Trade defense articles controlled for export or Acting Manager, Rules and Regulations Controls Policy, Department of State, Group. import are part of the USML under the telephone (202) 663–2809; email DDTC AECA. All references to the USML in [FR Doc. 2020–00995 Filed 1–22–20; 8:45 am] [email protected]. ATTN: this rule, however, are to the list of BILLING CODE 4910–13–P Regulatory Change, USML Categories I, AECA defense articles that are II, and III. controlled for purposes of export or SUPPLEMENTARY INFORMATION: temporary import pursuant to the ITAR, DEPARTMENT OF STATE The Directorate of Defense Trade Controls and not to the list of AECA defense (DDTC), U.S. Department of State, articles on the United States Munitions 22 CFR Parts 121, 123, 124, 126, and Import List (USMIL) that are controlled 129 administers the International Traffic in Arms Regulations (ITAR) (22 CFR parts by the Bureau of Alcohol, Tobacco, [Public Notice: 10603] 120 through 130). On May 24, 2018, Firearms and Explosives (ATF) for purposes of permanent import under its RIN 1400–AE30 DDTC published a proposed rule, 83 FR 24198, for public comment regarding regulations at 27 CFR part 447. International Traffic in Arms proposed revisions to Categories I, II, References to the USMIL are to the list of AECA defense articles controlled by Regulations: U.S. Munitions List and III of the ITAR’s U.S. Munitions List Categories I, II, and III ATF for purposes of permanent import. (USML) (22 CFR 121.1). After review of Section 38(b)(1)(A)(ii) of the AECA, received comments and with the AGENCY: Department of State. requires, with limited exceptions, revisions to the proposed rule further ACTION: Final rule. registration of persons who engage in described below, DDTC now publishes the business of brokering activities with SUMMARY: The Department of State (the this final rule to amend the ITAR. respect to the manufacture, export, Department) amends the International The articles and related technical data import, or transfer of any defense article Traffic in Arms Regulations (ITAR) to subject to the jurisdiction of the ITAR, or defense service designated by the revise Categories I—firearms, close i.e., ‘‘defense articles,’’ are identified on President as such under section 38(a)(1) assault weapons and combat shotguns, the USML. With few exceptions, items and licensing for such activities. II—guns and armament, and III— not subject to the export control Through Executive Order 13637, the ammunition/ordnance of the U.S. jurisdiction of the ITAR are subject to President delegated the responsibility Munitions List (USML) to describe more the jurisdiction of the Export for registration and licensing of precisely the articles that provide a Administration Regulations (EAR, 15 brokering activities to the Department of critical military or intelligence CFR parts 730 through 774, which State with respect to defense articles or advantage or, in the case of weapons, includes the Commerce Control List defense services controlled either for perform an inherently military function (CCL) in Supplement No. 1 to part 774), purposes of export by the Department of and thus warrant export and temporary administered by the Bureau of Industry State or for purposes of permanent import control on the USML. These and Security (BIS), U.S. Department of import by ATF. Section 129.1 of the revisions complete the initial review of Commerce. Both the ITAR and the EAR ITAR states this requirement. As such, the USML that the Department began in impose license requirements on exports all defense articles described in the 2011. Items not subject to the ITAR or and reexports. Items not subject to the USMIL or the USML are subject to the to the exclusive licensing jurisdiction of ITAR or to the exclusive licensing brokering controls administered by the any other set of regulations are subject jurisdiction of any other set of U.S. Department of State in part 129 of to the Export Administration regulations are subject to the EAR. The the ITAR. The transfer of jurisdiction Regulations. Department of Commerce is publishing from the ITAR’s USML to the EAR’s VerDate Sep<11>2014 15:54 Jan 22, 2020 Jkt 250001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\23JAR1.SGM 23JAR1 jbell on DSKJLSW7X2PROD with RULES 3820 Federal Register / Vol. 85, No. 15 / Thursday, January 23, 2020 / Rules and Regulations CCL for purposes of export controls while comments specific to a Category repeatedly stated its goals for that does not affect the list of defense articles or amended section of the ITAR are program (see e.g., 76 FR 68694 (Nov. 7, controlled on the USMIL under the addressed in the relevant discussion of 2011), 76 FR 76097 (Dec. 6, 2011), 80 FR AECA for purposes of permanent import revisions to Categories I, II, or III, or in 11313 (Mar. 2, 2015), 82 FR 4226 (Jan. or brokering controls for any brokering the discussion under the title of 13, 2017)). First, that it is seeking to activity, including facilitation in their ‘‘Conforming ITAR Changes.’’ better focus its resources on protecting manufacture, export, permanent import, those articles and technologies that Comments of General Applicability transfer, reexport, or retransfer. This provide the United States with a critical rule adds two new paragraphs, The Department believes that a military or intelligence advantage. As (b)(2)(vii) and (viii), to § 129.2 to update restatement of the overall principles applied to this rule, for example, the enumerated list of actions that are behind the multi-year review of the firearms and firearms technology that not brokering. This change is a USML and the efforts to better are otherwise readily available do not conforming change and is needed to harmonize the ITAR and the EAR and provide such an advantage, whereas an address the transfer from the USML to the larger U.S. government’s export M134 Minigun or the next generation the CCL of USMIL defense articles that control system is applicable to many of squad automatic rifle continues to remain subject to the brokering controls, the comments received and to the warrant USML control even if there is and to ensure that the U.S. government reasoning behind this rule. Therefore, some limited civil availability for either. does not impose a double licensing before addressing individual comments, Second, to resolve jurisdictional requirement on the export, reexport, or the Department reiterates that it, along confusion between the ITAR and EAR retransfer of such items subject to the with its interagency partners, is engaged among the regulated community EAR or continue to require registration in a years-long effort to revise the USML through revision to ‘‘bright line’’ with the Department solely based on to limit its scope to those items that positive lists. Third, to provide clarity to activities related to the manufacture of provide the United States with a critical the regulated community thereby these items. military or intelligence advantage or, in making it easier for exporters to comply The Department of State is engaged in the case of weapons, perform an with the regulations and enable them to an effort, described more fully below, to inherently military function. Review of compete more successfully in the global revise the USML so that its scope is the USML is statutorily required by marketplace. Finally, to develop a limited to those defense articles that section 38(f) of the AECA, and the regulatory system that supports provide the United States with a critical Department conducts this review in enhanced interoperability between the military or intelligence advantage or, in accordance with, and in full recognition United States and its allies and partners the case of weapons, have an inherently of, the President’s authority, conferred and thereby better supports our ability military function.
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