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Federal Register/Vol. 80, No. 116 34572 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules Related Definitions: N/A SUMMARY: As part of the President’s Arms Regulations (ITAR) (22 CFR parts Items: Export Control Reform effort, the 120–130). The items subject to the The list of items controlled is contained in Department of State proposes to amend jurisdiction of the ITAR, i.e., ‘‘defense the ECCN heading. the International Traffic in Arms articles,’’ are identified on the ITAR’s ■ 9. In Supplement No. 1 to Part 774 Regulations (ITAR) to revise Categories U.S. Munitions List (USML) (22 CFR (the Commerce Control List), Category XIV (toxicological agents, including 121.1). With few exceptions, items not 6—Sensors and Lasers,’’ add a new chemical agents, biological agents, and subject to the export control jurisdiction ECCN 6E619 between ECCNs 6E202 and associated equipment) and XVIII of the ITAR are subject to the 6E990 to read as follows: (directed energy weapons) of the U.S. jurisdiction of the Export 6E619 ‘‘Technology’’ ‘‘required’’ for the Munitions List (USML) to describe more Administration Regulations (‘‘EAR,’’ 15 ‘‘development,’’ ‘‘production,’’ precisely the articles warranting control CFR parts 730–774, which includes the operation, installation, maintenance, on the USML. The revisions contained Commerce Control List (CCL) in repair, overhaul or refurbishing of in this rule are part of the Department Supplement No. 1 to Part 774), commodities controlled by 6B619 or of State’s retrospective plan under E.O. administered by the Bureau of Industry ‘‘software’’ controlled by 6D619. 13563 completed on August 17, 2011. and Security (BIS), U.S. Department of License Requirements The Department of State’s full plan can Commerce. Both the ITAR and the EAR be accessed at http://www.state.gov/ impose license requirements on exports Reason for Control: NS, RS, AT, UN documents/organization/181028.pdf. and reexports. Items not subject to the Country chart DATES: The Department of State will ITAR or to the exclusive licensing Control(s) (see Supp. No. 1 to accept comments on this proposed rule jurisdiction of any other set of Part 738) until August 17, 2015. regulations are subject to the EAR. NS applies to entire NS Column 1. ADDRESSES: Interested parties may Revision of Category XIV entry. submit comments within 60 days of the This proposed rule revises USML RS applies to entire RS Column 1. date of publication by one of the Category XIV, covering toxicological entry. following methods: • agents, including chemical agents, AT applies to entire AT Column 1. Email: biological agents, and associated entry. [email protected] with equipment. The revisions are proposed UN applies to entire See § 746.1(b) for UN the subject line, ‘‘ITAR Amendment— entry. controls. in order to advance the national security Categories XIV and XVIII.’’ objectives of greater interoperability • Internet: At www.regulations.gov, License Exceptions with U.S. allies, enhancing the defense search for this proposed rule by using CIV: N/A industrial base, and permitting the U.S. TSR: N/A this rule’s RIN (1400–AD03). Comments received after that date government to focus its resources on transactions of greater concern. Special Conditions for STA will be considered if feasible, but Additionally, the revisions are intended STA: Paragraph (c)(2) of License Exception consideration cannot be assured. Those to more accurately describe the articles STA (§ 740.20(c)(2) of the EAR) may not be submitting comments should not within the subject categories, in order to used for any item in 6E619. include any personally identifying establish a ‘‘bright line’’ between the information they do not wish to be List of Items Controlled USML and the CCL for the control of made public or information for which a Related Controls: Technical data directly these articles. related to articles enumerated or otherwise claim of confidentiality is asserted This proposed rule implements described in USML Category XVIII are because those comments and/or changes consistent with the subject to the ITAR (See 22 CFR 121.1, transmittal emails will be made requirements of Executive Order 13546 Category XVIII(f)). available for public inspection and on Optimizing the Security of Biological Related Definitions: N/A copying after the close of the comment Items: Select Agents and Toxins in the United period via the Directorate of Defense States, which includes direction to The list of items controlled is contained in Trade Controls Web site at the ECCN heading. address variations in, and limited www.pmddtc.state.gov. Parties who coordination of, individual executive Dated: June 9, 2015. wish to comment anonymously may do departments’ and agencies’ oversight Kevin J. Wolf, so by submitting their comments via that add to the cost and complexity of Assistant Secretary for Export www.regulations.gov, leaving the fields compliance. It also directs a risk-based Administration. that would identify the commenter tiering of the biological select agent list. [FR Doc. 2015–14474 Filed 6–16–15; 8:45 am] blank and including no identifying As a result, the proposed control BILLING CODE 3510–33–P information in the comment itself. language in paragraph (b) adopts the Comments submitted via ‘‘Tier 1’’ pathogens and toxins www.regulations.gov are immediately established in the Department of Health DEPARTMENT OF STATE available for public inspection. and Human Services and the United FOR FURTHER INFORMATION CONTACT: Mr. States Department of Agriculture select 22 CFR Part 121 C. Edward Peartree, Director, Office of agent regulations (42 CFR part 73 and 9 Defense Trade Controls Policy, RIN 1400–AD03 CFR 121) for those pathogens and toxins Department of State, telephone (202) that meet specific capabilities listed in [Public Notice: 9166] 663–2792; email paragraph (b). The Tier 1 pathogens and [email protected]. toxins that do not meet these Amendment to the International Traffic ATTN: ITAR Amendment—USML capabilities remain controlled in Export in Arms Regulations: Revision of U.S. Categories XIV and XVIII. Control Classification Number (ECCN) Munitions List Categories XIV and XVIII SUPPLEMENTARY INFORMATION: The 1C351 or 1C352 on the CCL. AGENCY: Department of State. Directorate of Defense Trade Controls Additionally, this rule, in concert (DDTC), U.S. Department of State, with the analogous proposed rule ACTION: Proposed rule. administers the International Traffic in published by the Department of VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 34573 Commerce, proposes the movement of tool to aid exporters in determining use and on the Wassenaar riot control agents to the export whether a defense article meets the Arrangement’s Dual Use List. The jurisdiction of the Department of definition of ‘‘specially designed.’’ This Department welcomes the assistance of Commerce, as well as the articles tool is available at http:// users of the lists and requests input on covered currently in paragraphs (j), (k), www.pmddtc.state.gov/licensing/ the following: and (l), which include test facilities, dt_SpeciallyDesigned.htm. (1) A key goal of this rulemaking is to equipment for the destruction of Proposed revised paragraph (i) is ensure the USML and the CCL together chemical and biological agents, and updated to provide better clarity on the control all the items that meet tooling for production of articles in scope of the control by including Wassenaar Arrangement commitments paragraph (f), respectively. examples of Department of Defense embodied in Munitions List Categories Other changes include the addition of tools that are used to determine or 7 (WA–ML7) and 19 (WA–ML19). The paragraph (a)(5) to control chemical estimate potential effects of chemical or public is therefore asked to identify any warfare agents ‘‘adapted for use in war’’ biological weapons strikes and incidents potential lack of coverage brought about and not elsewhere enumerated, as well in order to plan to mitigate their by the proposed rules for Categories XIV as the removal of paragraphs (f)(3) and impacts. and XVIII contained in this proposed (f)(6) and movement to the CCL of A new paragraph (x) has been added rule and the new Category 1 and equipment for the sample collection and to USML Category XIV, allowing ITAR Category 6 ECCNs published separately decontamination or remediation of licensing on behalf of the Department of by the Department of Commerce when chemical agents and biological agents. Commerce for commodities, software, reviewed together. Paragraph (f)(5) for collective protection and technology subject to the EAR (2) Another key goal of this was removed and partially combined in provided those commodities, software, rulemaking is to identify items proposed (f)(4) or the CCL. Proposed paragraph (g) and technology are to be used in or with for control on the USML or the CCL that enumerates antibodies, recombinant defense articles controlled in USML are not controlled on the Wassenaar protective antigens, polynucleotides, Category XIV and are described in the Arrangement’s Munitions or Dual Use biopolymers, or biocatalysts exclusively purchase documentation submitted with List. The public is therefore asked to funded by a Department of Defense the application. The intent of paragraph identify any potential expansion of contract for detection of the biological (x) is not to impose ITAR jurisdiction on coverage brought about by the proposed agents listed in paragraph (b)(1)(ii). commodities, software, and technology rules for Categories XIV and XVIII The Department notes that the subject to EAR controls. contained in this proposed rule and the controls in paragraph (f)(2) that include Finally, the rule proposes to only new Category 1 and Category 6 ECCNs the phrase ‘‘developed under a control on the USML chemical or published separately by the Department Department of Defense contract or other biological agent detectors when they of Commerce when reviewed together.
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