9 April 1998
Source: http://www.access.gpo.gov/su_docs/aces/aaces002.html

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[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]

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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.

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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
