# [Corrected]
**AGENCY:**
Department of State.
**ACTION:**
Final rule, correction.
**SUMMARY:**
The Department of State is correcting a final rule that appeared in the *Federal Register* of January 2, 2014 (79 FR 34). The final rule amended the International Traffic in Arms Regulations (ITAR) as part of the President's Export Control Reform (ECR) effort.
**DATES:**
This rule is effective July 1, 2014.
**FOR FURTHER INFORMATION CONTACT:**
Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email *[email protected].* ATTN: Regulatory Change, Corrections to Third ECR Final Rule.
**SUPPLEMENTARY INFORMATION:**
The Department provides the following corrections to the rule, “Amendment to the International Traffic in Arms Regulations: Third Rule Implementing Export Control Reform,” published on January 2, 2014, and effective on July 1, 2014 (79 FR 34). As part of the President's Export Control Reform (ECR) effort, the Department of State is amending the International Traffic in Arms Regulations (ITAR) to revise five more U.S. Munitions List (USML) categories and provide other changes.
The changes in this rule are meant to clarify the regulation by revising certain text and providing conforming updates to Supplement No. 1 to part 126, taking into account revisions made to the USML categories in the rule published on January 2, 2014. Additionally, supplement No. 1 to part 126 is amended by removing the note pertaining to cluster munitions (previously, Note 16) because its presence created unnecessary confusion with respect to U.S. policy on cluster munitions.
Pursuant to ECR, the Department of Commerce has been publishing revisions to the Export Administration Regulations, including various revisions to the Commerce Control List (CCL). Revision of the USML and CCL are coordinated so there is uninterrupted regulatory coverage for items moving from the jurisdiction of the Department of State to that of the Department of Commerce. However, the Department of Commerce's companion to the rule corrected in this notice ( *see* “Control of Military Training Equipment, Energetic Materials, Personal Protective Equipment, Shelters, Articles Related to Launch Vehicles, Missiles, Rockets, Military Explosives, and Related Items,” 79 FR 264) is not being corrected in this edition of the *Federal Register* .
The following corrections are made to the rule, “Amendment to the International Traffic in Arms Regulations: Third Rule Implementing Export Control Reform,” FR Doc. 2013-31323, published on January 2, 2014 (79 FR 34):
**22 CFR Part 121**
**PART 121 [CORRECTED]**
§ 121.1
1. On page 40, in the first column, in Category IV, paragraph (b)(1), “( *e.g.,* launch tables, TOW missile, MANPADS)” is removed.
**22 CFR Part 121**
2. On page 41, in the third column, in Category V, paragraph (a)(6), “(CAS 145250-81-3)” is placed after the close-parenthesis.
**22 CFR Part 121**
3. On page 42, in the second column, in Category V, paragraph (a)(37), “70 and °degrees C” is removed and “343 K (70 °C) and 373 K (100 °C)” is added in its place.
**22 CFR Part 121**
4. On page 43, in the first column, in Category V, paragraph (e)(2), “BAMO (bis(azidomethyl)” is removed and “BAMO-3-3-(bis(azidomethyl)” is added in its place.
**22 CFR Part 121**
5. On page 44, in the first column, in Category V, paragraph (f)(19), “110445-33-5” is removed “68412-46-4” is added in its place. In paragraph (g)(1), “bischloromethyloxetane) (CAS 142173-26-0)” is removed and “(3,3-bis(chloromethyl)oxetane) (CAS 78-71-7) is added in its place. In the third column, in Category IX, paragraph (a)(2), a comma is placed after “subchapter,” and “that reveal technical data or contain parts, components, accessories, or attachments controlled in this subchapter” is placed after the comma. “Note to paragraph (a)(2)” is removed.
**22 CFR Part 121**
6. On page 45, in the first column, in Category IX, paragraph (a)(11)(iii), the second sentence is removed. The following text is added after paragraph (a)(11): “Note to paragraph (a)(11): “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 or international organization.” In the third column, in Category X, paragraph (d)(2), the quotation marks are removed from “specially designed.”
**22 CFR Part 123**
**PART 123 [CORRECTED]**
§ 123.20
7. On page 47, in the first column, in paragraph (a), “none of which are subject to the provisions of this subchapter” is removed and “which are not subject to this subchapter” is added in its place.
**22 CFR Part 126**
**PART 126 [CORRECTED]**
8. On page 47, in the second column, before the signature, add the following amendments:
**PART 126—GENERAL POLICIES AND PROVISIONS**
12. The authority citation for part 126 continues to read as follows:
**Authority:**
Secs. 2, 38, 40, 42, and 71, Pub. L. 90-629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2780, 2791, and 2797); 22 U.S.C. 2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, Pub. L. 108-375; Sec. 7089, Pub. L. 111-117; Pub. L. 111-266; Sections 7045 and 7046, Pub. L. 112-74; E.O. 13637, 78 FR 16129.
13. Supplement No. 1 to part 126 is revised to read as follows:
| USML Category | Exclusion | (CA) | (AS) | (UK) |
| --- | --- | --- | --- | --- |
| I-XXI | Classified defense articles and services.
Note 1 | X | X | X |
| I-XXI | Defense articles listed in the Missile Technology Control Regime (MTCR) Annex | X | X | X |
| I-XXI | U.S. origin defense articles and services used for marketing purposes and not previously licensed for export in accordance with this subchapter | | X | X |
| I-XXI | Defense services for or technical data related to defense articles identified in this supplement as excluded from the Canadian exemption | X | | |
| I-XXI | Any transaction involving the export of defense articles and services for which congressional notification is required in accordance with § 123.15 and § 124.11 of this subchapter | X | | |
| I-XXI | U.S. origin defense articles and services specific to developmental systems that have not obtained written Milestone B approval from the U.S. Department of Defense milestone approval authority, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement | | X | X |
| I-XXI | Nuclear weapons strategic delivery systems and all components, parts, accessories, and attachments specifically designed for such systems and associated equipment | X | | |
| I-XXI | Defense articles and services specific to the existence or method of compliance with anti-tamper measures, where such measures are readily identifiable, made at originating Government direction | | X | X |
| I-XXI | Defense articles and services specific to reduced observables or counter low observables in any part of the spectrum.
Note 2 | | X | X |
| I-XXI | Defense articles and services specific to sensor fusion beyond that required for display or identification correlation.
Note 3 | | X | X |
| I-XXI | Defense articles and services specific to the automatic target acquisition or recognition and cueing of multiple autonomous unmanned systems | | X | X |
| I-XXI | Nuclear power generating equipment or propulsion equipment (
nuclear reactors), specifically designed for military use and components therefor, specifically designed for military use.
also § 123.20 of this subchapter | | | X |
| I-XXI | Libraries (parametric technical databases) specially designed for military use with equipment controlled on the USML.
Note 13 | | | X |
| I-XXI | Defense services or technical data specific to applied research as defined in § 125.4(c)(3) of this subchapter, design methodology as defined in § 125.4(c)(4) of this subchapter, engineering analysis as defined in § 125.4(c)(5) of this subchapter, or manufacturing know-how as defined in § 125.4(c)(6) of this subchapter.
Note 12 | X | | |
| I-XXI | Defense services other than those required to prepare a quote or bid proposal in response to a written request from a department or agency of the United States Federal Government or from a Canadian Federal, Provincial, or Territorial Government; or defense services other than those required to produce, design, assemble, maintain or service a defense article for use by a registered U.S. company, or a U.S. Federal Government Program, or for end-use in a Canadian Federal, Provincial, or Territorial Government Program.
Note 14 | X | | |
| I | Firearms, close assault weapons, and combat shotguns | X | | |
| II(k) | Software source code related to USML Category II(c), II(d), or II(i).
Note 4 | | X | X |
| II(k) | Manufacturing know-how related to USML Category II(d).
Note 5 | X | X | X |
| III | Ammunition for firearms, close assault weapons, and combat shotguns listed in USML Category I | X | | |
| III | Defense articles and services specific to ammunition and fuse setting devices for guns and armament controlled in USML Category II | | | X |
| III(e) | Manufacturing know-how related to USML Category III(d)(1) or III(d)(2) and their specially designed components.
Note 5 | X | X | X |
| III(e) | Software source code related to USML Category III(d)(1) or III(d)(2).
Note 4 | | X | X |
| IV | Defense articles and services specific to man-portable air defense systems (MANPADS).
Note 6 | X | X | X |
| IV | Defense articles and services specific to rockets, designed or modified for non-military applications that do not have a range of 300 km (
not controlled on the MTCR Annex) | | | X |
| IV | Defense articles and services specific to torpedoes | | X | X |
| IV | Defense articles and services specific to anti-personnel landmines.
Note 15 | X | X | X |
| IV | Defense articles and services specific to cluster munitions | X | X | X |
| IV(i) | Software source code related to USML Category IV(a), IV(b), IV(c), or IV(g).
Note 4 | | X | X |
| IV(i) | Manufacturing know-how related to USML Category IV(a), IV(b), IV(d), or IV(g) and their specially designed components.
Note 5 | X | X | X |
| V | The following energetic materials and related substances: | | | X |
| | a. TATB (triaminotrinitrobenzene) (CAS 3058-38-6); | | | |
| | b. Explosives controlled in USML Category V(a)(32); | | | |
| | c. Iron powder (CAS 7439-89-6) with particle size of 3 micrometers or less produced by reduction of iron oxide with hydrogen; | | | |
| | d. BOBBA-8 (bis(2-methylaziridinyl)2-(2-hydroxypropanoxy) propylamino phosphine oxide), and other MAPO derivatives; | | | |
| | e. N-methyl-p-nitroaniline (CAS 100-15-2); or | | | |
| | f. Trinitrophenylmethylnitramine (tetryl) (CAS 479-45-8). | | | |
| V(a)(13) | ANF or ANAzF as described in USML Category V(a)(13)(iii) and (iv) | | | X |
| V(a)(23) | Difluoraminated derivative of RDX as described in USML Category V(a)(23)(iii) | | | X |
| V(c)(7) | Pyrotechnics and pyrophorics specifically formulated for military purposes to enhance or control radiated energy in any part of the IR spectrum | | | X |
| V(d)(3) | Bis-2, 2-dinitropropylnitrate (BDNPN) | | | X |
| V(i) | Developmental explosives, propellants, pyrotechnics, fuels, oxidizers, binders, additives, or precursors therefor, funded by the Department of Defense via contract or other funding authorization in accordance with notes 1 to 3 for USML Category V(i). This exclusion does not apply if such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement | | X | X |
| VI | Defense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170°C) | | | X |
| VI | Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator | | | X |
| VI | Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness.
Note 10 | | X | X |
| VI(a) | Nuclear powered vessels | X | X | X |
| VI(e) | Defense articles and services specific to naval nuclear propulsion equipment.
Note 7 | X | X | X |
| VI(g) | Software source code related to USML Category VI(a) or VI(c).
Note 4 | | X | X |
| VII | Defense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170°C) | | | X |
| VII | Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator | | | X |
| VIII | Defense articles specific to cryogenic equipment, and specially designed components and accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170°C) | | | X |
| VIII | Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures that rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator | | | X |
| VIII(a) | All USML Category VIII(a) items | X | | |
| VIII(f) | Developmental aircraft parts, components, accessories, and attachments identified in USML Category VIII(f) | X | | |
| VIII(i) | Manufacturing know-how related to USML Category VIII(a) or VIII(e), and specially designed parts or components therefor.
Note 5 | X | X | X |
| VIII(i) | Software source code related to USML Category VIII(a) or VIII(e).
Note 4 | | X | X |
| IX | Training or simulation equipment for Man Portable Air Defense Systems (MANPADS).
Note 6 | | X | X |
| IX(e) | Software source code related to USML Category IX(a) or IX(b).
Note 4 | | X | X |
| IX(e) | Software that is both specifically designed or modified for military use and specifically designed or modified for modeling or simulating military operational scenarios | | | X |
| X(e) | Manufacturing know-how related to USML Category X(a)(1) or X(a)(2), and specially designed components therefor.
Note 5 | X | X | X |
| XI(a) | Defense articles and services specific to countermeasures and counter-countermeasures
Note 9 | | X | X |
| XI(a) | High Frequency and Phased Array Microwave Radar systems, with capabilities such as search, acquisition, tracking, moving target indication, and imaging radar systems.
Note 16 | | X | |
| XI | Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness.
Note 10 | | X | X |
| XI(b), XI(c), XI(d) | Defense articles and services specific to USML Category XI(b) (
communications security (COMSEC) and TEMPEST) | | X | X |
| XI(d) | Software source code related to USML Category XI(a).
Note 4 | | X | X |
| XI(d) | Manufacturing know-how related to USML Category XI(a)(3) or XI(a)(4), and specially designed components therefor.
Note 5 | X | X | X |
| XII | Defense articles and services specific to countermeasures and counter-countermeasures.
Note 9 | | X | X |
| XII | Defense articles and services specific to USML Category XII(c) articles, except any 1st- and 2nd-generation image intensification tubes and 1st- and 2nd-generation image intensification night sighting equipment. End-items in USML Category XII(c) and related technical data limited to basic operations, maintenance, and training information as authorized under the exemption in § 125.4(b)(5) of this subchapter may be exported directly to a Canadian Government entity (
federal, provincial, territorial, or municipal) consistent with § 126.5, other exclusions, and the provisions of this subchapter | X | | |
| XII | Technical data or defense services for night vision equipment beyond basic operations, maintenance, and training data. However, the AS and UK Treaty exemptions apply when such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement | X | X | X |
| XII(f) | Manufacturing know-how related to USML Category XII(d) and specially designed components therefor.
Note 5 | X | X | X |
| XII(f) | Software source code related to USML Category XII(a), XII(b), XII(c), or XII(d).
Note 4 | | X | X |
| XIII(b) | Defense articles and services specific to USML Category XIII(b) (Military Information Security Assurance Systems, cryptographic devices, software, and components) | | X | X |
| XIII(d) | Carbon/carbon billets and preforms which are reinforced in three or more dimensional planes, specifically designed, developed, modified, configured or adapted for defense articles | | | X |
| XIII(e) | Defense articles and services specific to armored plate manufactured to comply with a military standard or specification or suitable for military use.
Note 11 | | | X |
| XIII(g) | Defense articles and services related to concealment and deception equipment and materials | | | X |
| XIII(h) | Energy conversion devices other than fuel cells | | | X |
| XIII(j) | Defense articles and services related to hardware associated with the measurement or modification of system signatures for detection of defense articles as described in Note 2 | | X | X |
| XIII(l) | Software source code related to USML Category XIII(a).
Note 4 | | X | X |
| XIV | Defense articles and services related to toxicological agents, including chemical agents, biological agents, and associated equipment | | X | X |
| XIV(a), XIV(b), XIV(d), XIV(e), XIV(f) | Chemical agents listed in USML Category XIV(a), (d) and (e), biological agents and biologically derived substances in USML Category XIV(b), and equipment listed in USML Category XIV(f) for dissemination of the chemical agents and biological agents listed in USML Category XIV(a), (b), (d), and (e) | X | | |
| XV(a) | Defense articles and services specific to spacecraft/satellites. However, the Canadian exemption may be used for commercial communications satellites that have no other type of payload | X | X | X |
| XV(b) | Defense articles and services specific to ground control stations for spacecraft telemetry, tracking, and control. Defense articles and services are not excluded under this entry if they do not control the spacecraft. Receivers for receiving satellite transmissions are also not excluded under this entry | | X | X |
| XV(c) | Defense articles and services specific to GPS/PPS security modules | | X | X |
| XV(c) | Defense articles controlled in USML Category XV(c) except end-items for end-use by the Federal Government of Canada exported directly or indirectly through a Canadian-registered person | X | | |
| XV(d) | Defense articles and services specific to radiation-hardened microelectronic circuits | X | X | X |
| XV(e) | Anti-jam systems with the ability to respond to incoming interference by adaptively reducing antenna gain (nulling) in the direction of the interference | X | | |
| XV(e) | Antennas having any of the following: | X | | |
| | a. Aperture (overall dimension of the radiating portions of the antenna) greater than 30 feet; | | | |
| | b. All sidelobes less than or equal to ×35 dB relative to the peak of the main beam; or | | | |
| | c. Designed, modified, or configured to provide coverage area on the surface of the earth less than 200 nautical miles in diameter, where “coverage area” is defined as that area on the surface of the earth that is illuminated by the main beam width of the antenna (which is the angular distance between half power points of the beam). | | | |
| XV(e) | Optical intersatellite data links (cross links) and optical ground satellite terminals | X | | |
| XV(e) | Spaceborne regenerative baseband processing (direct up and down conversion to and from baseband) equipment | X | | |
| XV(e) | Propulsion systems which permit acceleration of the satellite on-orbit (
after mission orbit injection) at rates greater than 0.1 g | X | | |
| XV(e) | Attitude control and determination systems designed to provide spacecraft pointing determination and control or payload pointing system control better than 0.02 degrees per axis | X | | |
| XV(e) | All specifically designed or modified systems, components, parts, accessories, attachments, and associated equipment for all USML Category XV(a) items, except when specifically designed or modified for use in commercial communications satellites | X | | |
| XV(e) | Defense articles and services specific to spacecraft and ground control station systems (only for telemetry, tracking and control as controlled in USML Category XV(b)), subsystems, components, parts, accessories, attachments, and associated equipment | | X | X |
| XV(f) | Technical data and defense services directly related to the other defense articles excluded from the exemptions for USML Category XV | X | X | X |
| XVI | Defense articles and services specific to design and testing of nuclear weapons | X | X | X |
| XVII | Classified articles, and technical data and defense services relating thereto, not elsewhere enumerated.
Note 1 | X | X | X |
| XVIII | Defense articles and services specific to directed energy weapon systems | | X | X |
| XIX(e), XIX(f)(1), XIX(f)(2), XIX(g) | Defense articles and services specific to gas turbine engine hot section components and to Full Authority Digital Engine Control Systems (FADEC) or Digital Electronic Engine Controls (DEEC).
Note 8 | | X | X |
| XIX(g) | Technical data and defense services for gas turbine engine hot sections. (This does not include hardware).
Note 8 | X | X | X |
| XX | Defense articles and services related to submersible vessels, oceanographic, and associated equipment | X | X | X |
| XX | Defense articles and services specific to naval technology and systems relating to acoustic spectrum control and awareness.
Note 10 | | X | X |
| XX | Defense articles specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, marine, airborne or space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (−170°C) | | | X |
| XX | Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to be installed in a vehicle for military ground, marine, airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar generators that have single-pole normal metal armatures which rotate in a magnetic field produced by superconducting windings, provided those windings are the only superconducting component in the generator | | | X |
| XX(a) | Nuclear powered vessels | X | X | X |
| XX(b) | Defense articles and services specific to naval nuclear propulsion equipment.
Note 7 | X | X | X |
| XX(c) | Defense articles and services specific to submarine combat control systems | | X | X |
| XX(d) | Software source code related to USML Category XX(a).
Note 4 | | X | X |
| XXI | Articles, and technical data and defense services relating thereto, not otherwise enumerated on the USML, but placed in this category by the Director, Office of Defense Trade Controls Policy | X | X | X |
Rose E. Gottemoeller,
Under Secretary, Arms Control and International Security, Department of State.