9 April 1998 Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html ------------------------------------------------------------------------- [Federal Register: April 9, 1998 (Volume 63, Number 68)] [Rules and Regulations] [Page 17329-17330] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr09ap98-13] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF STATE [Public Notice 2784] 22 CFR Part 121 Amendments to the International Traffic in Arms Regulations AGENCY: Bureau of Political-Military Affairs, State. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the International Traffic in Arms Regulations (ITAR) by removing from the U.S. Munitions List (USML), for transfer to the Department of Commerce's Commerce Control List (CCL), certain items when they are included in a commercial communications satellite licensed by the Department of Commerce. In all other cases, these items will continue to be controlled on the USML, subject to State Department licensing. EFFECTIVE DATE: April 9, 1998. FOR FURTHER INFORMATION CONTACT: William J. Lowell, Director, Office of Defense Trade Controls, Bureau of Political-Military Affairs, Department of State (703) 812-2564 or FAX (703) 875-6647. SUPPLEMENTARY INFORMATION: On October 26, 1996, the Department published an amendment to the ITAR to remove commercial communications satellites from the USML for transfer to licensing jurisdiction by the Department of Commerce. That amendment also covered certain USML items specified in Category XV(f) when they were included in a commercial comsat launch. In all other cases, however, these items remained on the USML. Recently, the Department, in consultation with the Departments of Commerce and Defense, has decided to elaborate the earlier amendment to include satellite fuel and certain additional USML items that may be included with a commercial communications satellite licensed by the Department of Commerce. In carrying out this decision, the Note following Category XV(f)(9), describing those USML items that may be included in a Commerce licensed commercial communications satellite, is amended. This amendment involves a foreign affairs function of the United States and, thus, is excluded from the procedures of Executive Order 12866 (58 FR 51735) and 9 U.S.C. 533 and 554, but has been reviewed internally by the Department to ensure consistency with the purposes thereof. In accordance with 5 U.S.C. 808, as added by the Small Business Regulatory Enforcement Fairness Act of 1996 (the ``Act''), the Department of State has found for foreign policy reasons that notice and public procedure under section 251 of the Act is impracticable and contrary to the public interest. However, interested parties are invited to submit written comments to the Department of State, Office of Defense Trade Controls, ATTN: Regulatory [[Page 17330]] Change, Room 200, SA-6, Washington, D.C. 20520-0602. 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 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); E.O. 11958, 42 FR 4311; 3 CFR 1977 comp. p. 79; 22 U.S.C. 2658. 2. In Sec. 121.1 Category XV, the note following paragraph (f)(9) is revised to read as follows: Sec. 121.1 General. The United States Munitions List. * * * * * Category XV--Spacecraft Systems and Associated Equipment * * * * * (b) * * * (9) * * * Note: Commercial communications satellites are subject to commerce licensing jurisdiction even if they include the individual munitions list systems, components, or parts identified in Category XV(f) of the United States Munitions List (USML). In all other cases, these Category XV(f) systems, components, or parts remain on the USML except that satellite fuel, ground support equipment, test equipment, payload adapter/interface hardware, replacement parts for the preceding items and non-embedded, solid propellant orbit transfer engines (``kick motors'') are subject to Commerce licensing jurisdiction (and not controlled on the USML) when they are to be utilized for the specific commercial communications satellite launch, provided the solid propellant ``kick motor'' being utilized is not specifically designed or modified for military use or capable of being restarted after achievement of mission orbit (such orbit transfer engines are always controlled under Category IV of the USML). Technical data (as defined in Sec. 120.10 of this subchapter, the International Traffic in Arms Regulations (ITAR) and defense services (as defined in Sec. 120.9 of this subchapter related to the systems, components, or parts referred to in category XV(f) of the USML are always controlled under the USML, even when the satellite itself is licensed by the Department of Commerce. * * * * * Dated: March 13, 1998. John D. Holum, Acting Under Secretary of State for Arms Control and International Security Affairs and Director, U.S. Arms Control and Disarmament Agency, Department of State. [FR Doc. 98-9278 Filed 4-8-98; 8:45 am] BILLING CODE 4710-25-M