Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 80305 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 121 is proposed to be 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. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

2. Section 121.1 is amended by 

revising U.S. Munitions List Category VI 

to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

VI—Surface Vessels of War and Special 

Naval Equipment 

*(a) Warships and other combatant 

vessels (see § 121.15 of this subchapter). 

(b) Other vessels not controlled in 

paragraph (a) of this section (see 

§ 121.15 of this subchapter). 

(c) Developmental vessels and 

‘‘specially designed’’ parts, components, 

accessories, and attachments therefor, 

developed under a contract with the 

U.S. Department of Defense. 

(d) [Reserved] 

*(e) Naval nuclear propulsion plants, 

their land prototypes, and special 

facilities for their construction, support, 

and maintenance (see § 123.20 of this 

subchapter). 

(f) Vessel and naval equipment 

components, parts, accessories, 

attachments, and associated equipment, 

as follows: 

(1) hulls or superstructures ‘‘specially 

designed’’ for any vessels controlled in 

paragraph (a) of this section; 

(2) hulls or superstructures having 

armor, active protection systems, or 

developmental armor systems; 

(3) hulls or superstructures designed 

to survive 12.5% or greater damage 

across the length as measured between 

perpendiculars; 

(4) propulsion and supporting 

auxiliary, control, and monitoring 

systems that store, create, distribute, 

conserve, transfer, and use energy 

outside propulsion system boundaries 

exceeding 30MJ storage, discharge less 

than 3 seconds and cycle time under 45 

seconds, and parts and components 

‘‘specially designed’’ therefor; 

(5) shipborne auxiliary systems for 

Chemical, Biological, Radiological, and 

Nuclear (CBRN) compartmentalization, 

over-pressurization and filtration 

systems, and parts and components 

‘‘specially designed’’ therefor; 

*(6) control and monitoring systems 

for autonomous unmanned vessels 

capable of on-board, autonomous 

perception and decision-making 

necessary for the vessel to navigate 

while avoiding fixed and moving 

hazards, and obeying rules-of-the-road 

without human intervention; 

*(7) any machinery, device, 

component, or equipment specifically 

developed, designed, or modified for 

use in plants or facilities controlled in 

paragraph (e) of this section (see 

§ 123.20 of this subchapter); 

(8) components, parts, accessories, 

attachments, and equipment ‘‘specially 

designed’’ for integration of articles 

controlled by Categories II, IV, or XVIII 

or catapults for launching aircraft or 

arresting gear for recovering aircraft; 

(9) shipborne active protection 

systems (i.e., defensive systems that 

actively detect and track incoming 

threats and launch a ballistic, explosive, 

energy, or electromagnetic 

countermeasure(s) to neutralize the 

threat prior to contact with a vessel) and 

parts and components ‘‘specially 

designed’’ therefor; 

(10) minesweeping and mine hunting 

equipment (including mine 

countermeasures equipment deployed 

by aircraft) and parts and components 

‘‘specially designed’’ therefor; or 

*(11) any component, part, accessory, 

attachment, equipment, or system that: 

(i) is classified; 

(ii) contains classified software; 

(iii) is manufactured using classified 

production data; or 

(iv) is being developed using 

classified information. 

‘‘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. 

Note 1 to paragraph (f): Parts, components, 

accessories, and attachments ‘‘specially 

designed’’ for vessels enumerated in this 

category but not listed in Category VI(f) are 

subject to the EAR under ECCN 8A609. 

Note 2 to paragraph (f): For controls 

related to ship signature management, see 

also Category XIII. 

(g) Technical data (as defined in 

§ 120.10 of this subchapter) and defense 

services (as defined in § 120.9 of this 

subchapter) directly related to the 

defense articles enumerated in 

paragraphs (a) through (f) of this 

category. 

* * * * * 

3. Section 121.15 is revised to read as 

follows: 

§ 121.15 Surface vessels of war and 

special naval equipment. 

(a) In Category VI, ‘‘surface vessels of 

war’’ means developmental, 

demilitarized, decommissioned, 

production, or inventory vessels, 

manned or unmanned, that: 

(1) Are warships or other combatant 

vessels (battleships, aircraft carriers, 

destroyers, frigates, cruisers, corvettes, 

littoral combat ships, mine sweepers, 

mine hunters, mine countermeasure 

ships, dock landing ships, amphibious 

assault ships), or Coast Guard Cutters 

(with or equivalent to those with U.S. 

designations WHEC, WMEC, WMSL, or 

WPB); 

(2) are foreign-origin vessels 

‘‘specially designed’’ to provide 

functions equivalent to those of the 

vessels listed in (a)(1) of this section; 

(3) are high-speed air cushion vessels 

for transporting cargo and personnel, 

ship-to-shore and across a beach, with a 

payload over 25 tons; 

(4) are surface vessels integrated with 

nuclear propulsion systems; 

(5) are armed or are ‘‘specially 

designed’’ to be used as a platform to 

deliver munitions or otherwise destroy 

or incapacitate targets (e.g., firing lasers, 

launching torpedoes, rockets, or 

missiles, or firing munitions greater 

than .50 caliber); or 

(6) incorporate any ‘‘mission systems’’ 

controlled under this subchapter. 

‘‘Mission systems’’ are defined as 

‘‘systems’’ (see § 121.8(g) of this 

subchapter) that perform specific 

military functions such as by providing 

military communication, electronic 

warfare, target designation, surveillance, 

target detection, or sensor capabilities. 

(b) Vessels ‘‘specially designed’’ for 

military use that are not identified in (a) 

of this section are subject to the EAR 

under ECCN 8A609. 

Dated: December 16, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–32865 Filed 12–22–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Parts 121, 123, 124, and 125 

RIN 1400–AD01 

[Public Notice 7737] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category XX 

AGENCY: Department of State. 

ACTION: Proposed rule. 


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80306 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category 

XX (submersible vessels and related 

articles) of the U.S. Munitions List 

(USML). 

DATES: The Department of State will 

accept comments on this proposed rule 

until February 6, 2012. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: DDTCResponseTeam@state

.gov with the subject line, ‘‘ITAR 

Amendment—Category XX.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD01). 

Comments received after that date will 

be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: 

Director Charles B. Shotwell, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email DDTCResponse

Team@state.gov. Attn: Regulatory 

Change, USML Category XX. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles,’’ are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (‘‘EAR,’’ 15 

CFR parts 730–774, which includes the 

Commerce Control List in part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports 

and reexports. Items not subject to the 

ITAR or to the exclusive licensing 

jurisdiction of any other set of 

regulations are subject to the EAR. 

Export Control Reform Update 

The Departments of State and 

Commerce described in their respective 

Advanced Notices of Proposed 

Rulemaking (ANPRM) in December 

2010 the Administration’s plan to make 

the USML and the CCL positive, tiered, 

and aligned so that eventually they can 

be combined into a single control list 

(see ‘‘Commerce Control List: Revising 

Descriptions of Items and Foreign 

Availability,’’ 75 FR 76664 (December 9, 

2010) and ‘‘Revision to the United 

States Munitions List,’’ 75 FR 76935 

(December 10, 2010)). The notices also 

called for the establishment of a ‘‘bright 

line’’ between the USML and the CCL to 

reduce government and industry 

uncertainty regarding export 

jurisdiction by clarifying whether 

particular items are subject to the 

jurisdiction of the ITAR or the EAR. 

While these remain the 

Administration’s ultimate Export 

Control Reform objectives, their 

concurrent implementation would be 

problematic in the near term. In order to 

more quickly reach the national security 

objectives of greater interoperability 

with our allies, enhancing our defense 

industrial base, and permitting the U.S. 

Government to focus its resources on 

controlling and monitoring the export 

and reexport of more significant items to 

destinations, end uses, and end users of 

greater concern than our NATO and 

other multi-regime partners, the 

Administration has decided, as an 

interim step, to propose and implement 

revisions to both the USML and the CCL 

that are more positive, but not yet 

tiered. 

Specifically, based in part on a review 

of the comments received in response to 

the December 2010 notices, the 

Administration has determined that 

fundamentally altering the structure of 

the USML by tiering and aligning it on 

a category-by-category basis would 

significantly disrupt the export control 

compliance systems and procedures of 

exporters and reexporters. For example, 

until the entire USML was revised and 

became final, some USML categories 

would follow the legacy numbering and 

control structures while the newly 

revised categories would follow a 

completely different numbering 

structure. In order to allow for the 

national security benefits to flow from 

re-aligning the jurisdictional status of 

defense articles that no longer warrant 

control on the USML on a category-bycategory basis while minimizing the 

impact on exporters’ internal control 

and jurisdictional and classification 

marking systems, the Administration 

plans to proceed with building positive 

lists now and afterward return to 

structural changes. 

Revision of Category XX 

This proposed rule revises USML 

Category XX, covering submersible 

vessels and related articles. The 

proposed revision accounts for the 

movement of submarines from Category 

VI and consolidates the controls that 

will apply to all submersible vessels in 

a single category. In addition, naval 

nuclear propulsion power plants for 

submersible vessels controlled under 

Category XX, formerly controlled under 

Category VI(e), will now be controlled 

under Category XX(b). 

This proposed rule also creates 

§ 121.14 to more clearly define 

‘‘submersible vessels and related 

articles.’’ 

Finally, this revision makes 

conforming edits to §§ 123.20, 124.2, 

and 125.1 (nuclear related controls). 

This proposed rule controls only 

those parts, components, accessories, 

and attachments that are specifically 

designed for a defense article controlled 

in this category. All other parts, 

components, accessories, and 

attachments will become subject to the 

new 600 series controls in Category 8 of 

the CCL to be published separately by 

the Department of Commerce. 

Definition for Specially Designed 

Although one of the goals of the 

export control reform initiative is to 

describe USML controls without using 

design intent criteria, a few of the 

controls in the proposed revision 

nonetheless use the term ‘‘specially 

designed.’’ It is, therefore, necessary for 

the Department to define the term. Two 

proposed definitions have been 

published to date. 

The Department first provided a draft 

definition for ‘‘specially designed’’ in 

the December 2010 ANPRM (75 FR 

76935) and noted the term would be 

used minimally in the USML, and then 

only to remain consistent with the 

Wassenaar Arrangement or other 

multilateral regime obligation or when 

no other reasonable option exists to 

describe the control without using the 

term. The draft definition provided at 

that time is as follows: ‘‘For the 

purposes of this Subchapter, the term 

‘‘specially designed’’ means that the 


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Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 80307 

end-item, equipment, accessory, 

attachment, system, component, or part 

(see ITAR § 121.8) has properties that (i) 

distinguish it for certain predetermined 

purposes, (ii) are directly related to the 

functioning of a defense article, and (iii) 

are used exclusively or predominantly 

in or with a defense article identified on 

the USML.’’ 

The Department of Commerce 

subsequently published on July 15, 

2011, for public comment, the 

Administration’s proposed definition of 

‘‘specially designed’’ that would be 

common to the CCL and the USML. The 

public provided more than 40 

comments on that proposed definition 

on or before the September 13 deadline 

for comments. The Departments of 

State, Commerce, and Defense are now 

reviewing those comments and related 

issues, and the Departments of State and 

Commerce plan to publish for public 

comment another proposed rule on a 

definition of ‘‘specially designed’’ that 

would be common to the USML and the 

CCL. In the interim, and for the purpose 

of evaluation of this proposed rule, 

reviewers should use the definition 

provided in the December ANPRM. 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some solutions have been 

adopted that were determined to be the 

best of available options. With the 

thought that multiple perspectives 

would be beneficial to the USML 

revision process, the Department 

welcomes the assistance of users of the 

lists and requests input on the 

following: 

(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all the items that meet 

Wassenaar Arrangement commitments 

embodied in Munitions List Category 9 

(ML9). To that end, the public is asked 

to identify any potential lack of 

coverage brought about by the proposed 

rules for Category XX contained in this 

FRN and the new Category 8 ECCNs 

published separately by the Department 

of Commerce when reviewed together. 

(2) The public is asked to provide 

specific examples of vessels whose 

jurisdiction would be in doubt based on 

this revision. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act. Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. As noted above, and also 

without prejudice to the Department 

position that this rulemaking is not 

subject to the APA, the Department 

previously published a related Advance 

Notice of Proposed Rulemaking (RIN 

1400–AC78), and accepted comments 

for 60 days. 

Regulatory Flexibility Act 

Since this proposed amendment is not 

subject to 5 U.S.C. 553, it does not 

require analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed amendment does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

amendment does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this proposed 

amendment. 

Executive Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the proposed rule to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not pre-empt tribal law. 

Accordingly, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

This proposed amendment does not 

impose any new reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

List of Subjects in Parts 121, 123, 124, 

and 125 

Arms and munitions, Exports, 

Classified information. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 121, 123, 124, and 125 are 

proposed to be 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. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

2. Section 121.1 is amended by 

revising U.S. Munitions List Category 

XX to read as follows: 


jlentini on DSK4TPTVN1PROD with PROPOSALS
80308 Federal Register / Vol. 76, No. 247 / Friday, December 23, 2011 / Proposed Rules 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

XX—Submersible Vessels and Related 

Articles 

(a) Submersible and semi-submersible 

vessels (see § 121.14 of this subchapter) 

that are: 

*(1) submarines; 

(2) mine countermeasure vehicles; 

(3) anti-submarine warfare vehicles; 

(4) armed; 

(5) swimmer delivery vehicles 

‘‘specially designed’’ for the 

deployment, recovery, or support of 

swimmers or divers from submarines; 

(6) vessels equipped with any mission 

systems controlled under this 

subchapter; or 

*(7) developmental vessels developed 

under a contract with the U.S. 

Department of Defense. 

*(b) Naval nuclear propulsion plants, 

their land prototypes, and special 

facilities for their construction, support, 

and maintenance (see § 123.20 of this 

subchapter). 

(c) Components, parts, accessories, 

attachments, and associated equipment 

‘‘specially designed’’ for any of the 

articles in paragraphs (a) and (b) of this 

category. 

Note to paragraph (c): Parts, components, 

accessories, and attachments that are 

common to vessels subject to the EAR, or that 

are enumerated on the CCL or elsewhere in 

this subchapter, are not included in this 

paragraph. 

(d) Technical data (as defined in 

§ 120.10 of this subchapter) and defense 

services (as defined in § 120.9 of this 

subchapter) directly related to the 

defense articles enumerated in 

paragraphs (a) through (c) of this 

category. (See § 125.4 of this subchapter 

for exemptions.) 

* * * * * 

3. Section 121.14 is removed from 

reserved status and added to read as 

follows: 

§ 121.14 Submersible vessels and related 

articles. 

(a) Category XX controls 

developmental, demilitarized, 

decommissioned, production, or 

inventory submersible and semisubmersible vessels, manned or 

unmanned, tethered or untethered, that: 

(1) are submarines ‘‘specially 

designed’’ for military use; 

(2) are armed or are ‘‘specially 

designed’’ to be used as a platform to 

deliver munitions or otherwise destroy 

or incapacitate targets (e.g., firing 

torpedoes, launching rockets, firing 

missiles, deploying mines, deploying 

countermeasures) or deploy military 

payloads; 

(3) are ‘‘specially designed’’ for the 

deployment, recovery, or support of 

swimmers or divers from submarines; 

(4) are integrated with nuclear 

propulsion systems; or 

(5) incorporate any ‘‘mission systems’’ 

controlled under this subchapter. 

‘‘Mission systems’’ are defined as 

‘‘systems’’ (see § 121.8(g) of this 

subchapter) that perform specific 

military functions such as by providing 

military communication, electronic 

warfare, target designation, surveillance, 

target detection, or sensor capabilities. 

(b) Submersible and semi-submersible 

vessels that are not identified in (a) 

above are subject to the EAR under 

Category 8. 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

4. The authority citation for part 123 

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); 22 U.S.C. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec 1205(a), Pub. L. 107–228. 

5. Section 123.20 is amended by 

revising paragraphs (a) and (c) to read as 

follows: 

§ 123.20 Nuclear related controls. 

(a) The provisions of this subchapter 

do not apply to equipment, technical 

data or services in Category VI, Category 

XX, and Category XVI of § 121.1 of this 

subchapter to the extent such 

equipment, technical data or services 

are under the export control of the 

Department of Energy or the Nuclear 

Regulatory Commission pursuant to the 

Atomic Energy Act of 1954, as amended, 

and the Nuclear Non-Proliferation Act 

of 1978, as amended, or is a government 

transfer authorized pursuant to these 

Acts. 

* * * * * 

(c) A license for the export of any 

machinery, device, component, 

equipment, or technical data relating to 

equipment referred to in Category VI(e) 

or Category XX(b) of § 121.1 of this 

subchapter will not be granted unless 

the proposed equipment comes within 

the scope of an existing Agreement for 

Cooperation for Mutual Defense 

Purposes concluded pursuant to the 

Atomic Energy Act of 1954, as amended, 

with the government of the country to 

which the Article is to be exported. 

Licenses may be granted in the absence 

of such an agreement only: 

* * * * * 

PART 124—AGREEMENTS, OFFSHORE PROCUREMENT, AND OTHER 

DEFENSE SERVICES 

6. The authority citation for part 124 

continues to read as follows: 

Authority: Sec. 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. 2651a; 22 U.S.C. 2776; 

Pub. L. 105–261. 

7. Section 124.2 is amended by 

revising paragraph (c) to read as follows: 

§ 124.2 Exemptions for training and 

military service. 

* * * * * 

(c) * * * 

* * * * * 

(5) * * * 

* * * * * 

(iv) Naval nuclear propulsion 

equipment listed in Category VI and 

Category XX; 

* * * * * 

PART 125—LICENSES FOR THE 

EXPORT OF TECHNICAL DATA AND 

CLASSIFIED DEFENSE ARTICLES 

8. The authority citation for part 125 

continues to read as follows: 

Authority: Secs. 2 and 38, Pub. L. 90–629, 

90 Stat. 744 (22 U.S.C. 2752, 2778); E.O. 

11958, 42 FR 4311; 3 CFR, 1977 Comp. p. 79; 

22 U.S.C. 2651a. 

9. Section 125.1 is amended by 

revising paragraph (e) to read as follows: 

* * * * * 

(e) The provisions of this subchapter 

do not apply to technical data related to 

articles in Category VI(e), Category 

XX(b), and Category XVI of § 121.1 of 

this subchapter. The export of such data 

is controlled by the Department of 

Energy or the Nuclear Regulatory 

Commission pursuant to the Atomic 

Energy Act of 1954, as amended, and 

the Nuclear Non-Proliferation Act of 

1978, as amended. 

Dated: December 16, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–32866 Filed 12–22–11; 8:45 am] 

BILLING CODE 4710–25–P 


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