76100 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

Dated: November 28, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–30977 Filed 12–5–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice 7702] 

RIN 1400–AC77 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category VII 

AGENCY: Department of State. 

ACTION: Proposed rule. 

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 

VII (ground vehicles) of the U.S. 

Munitions List (USML) to describe more 

precisely the military ground vehicles 

warranting control on the USML. 

DATES: The Department of State will 

accept comments on this proposed rule 

until January 20, 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 Amendments— 

Category VII.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AC77). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. We 

will make all comments (including any 

personally identifying information or 

information for which a claim of 

confidentiality is asserted in those 

comments or their transmittal emails) 

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 ADDITIONAL INFORMATION CONTACT: 

Director Charles B. Shotwell, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category VII. 

SUPPLEMENTARY INFORMATION: On 

December 10, 2010, the Department 

published as a proposed rule a revised 

Category VII that included tiering (75 FR 

76930). As discussed below, the tiering 

of the categories has been postponed. In 

this regard, this revision differs from the 

earlier one. Because the differences 

between the two proposed versions of 

Category VII are considerable, the 

Department will not provide an 

assessment of public comments received 

from the first proposed rule, but 

welcomes comments on this proposed 

rule from all parties. If you submitted 

comments in response to the December 

2010 rulemaking, please re-submit your 

comments, if they are still appropriate. 

Background 

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 (Dec. 9, 

2010) and ‘‘Revision to the United 

States Munitions List,’’ 75 FR 76935 

(Dec. 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 re-export 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 them 

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 VII 

This proposed rule revises USML 

Category VII, Ground Vehicles, to 

establish a clear ‘‘bright line’’ between 

the USML and the CCL for the control 

of military ground vehicles. The 

proposed revision narrows the types of 

ground vehicle controlled on the USML 

to only those that warrant control under 

the stringent requirements of the Arms 

Export Control Act. Changes include the 

removal of most unarmored and 

unarmed military vehicles, trucks, 

trailers, and trains (unless ‘‘specially 

designed’’ as firing platforms for 

weapons above .50 caliber), and 

armored vehicles (either unarmed or 

with inoperable weapons) manufactured 


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before 1956. Also, this revision removes 

gas turbine engines designed for ground 

vehicles from inclusion in this category. 

Gas turbine engines for articles 

controlled in this category will likely be 

included in proposed Category XIX, 

which will be the subject of a separate 

notice. 

This proposed rule also would 

remove from reserved status § 121.4 and 

define therein ‘‘ground vehicles’’ for 

purposes of the revised USML Category 

VII. 

The most significant aspect of this 

more positive, but not yet tiered, 

proposed USML category is that it does 

not contain controls on all generic parts, 

components, accessories, and 

attachments that are specifically 

designed or modified for a defense 

article, regardless of their significance to 

maintaining a military advantage for the 

United States. Rather, it contains a 

positive list of specific types of parts, 

components, accessories, and 

attachments that continue to warrant 

control on the USML. All other parts, 

components, accessories, and 

attachments will become subject to the 

new 600 series controls in Category 0 of 

the CCL that we anticipate will be 

published separately by the Department 

of Commerce. The Administration has 

also proposed revisions to the 

jurisdictional status of certain militarily 

less significant end items that do not 

warrant USML control, but the primary 

impact of this proposed rule will be 

with respect to current USML controls 

on parts, components, accessories, and 

attachments that no longer warrant 

USML control. 

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 

definitions have been proposed 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 obligations, 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 

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, but based on a preliminary 

evaluation of the comments and other 

considerations, 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. For the purpose of 

evaluation of this proposed rule, 

reviewers should use the definition 

provided in the December 2010 

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 6 

(ML 6). To that end, the public is asked 

to identify any potential lack of 

coverage brought about by the proposed 

rules for Category VII contained in this 

FRN and the new Category 0 ECCNs 

published separately by the Department 

of Commerce, when reviewed together. 

(2) This amendment removes from the 

USML unarmed but armored military 

vehicles manufactured prior to 1956. 

The rationale is to discontinue 

controlling on the USML vehicles of 

almost no military significance. 

Armored military vehicles 

manufactured after 1955 would be 

maintained on the USML. We ask the 

public to comment on the efficacy of 

splitting jurisdiction for these vehicles 

between the USML and the CCL. 

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 a related Notice of 

Proposed Rulemaking (RIN 1400–AC77), 

and accepted comments for 60 days in 

response to both notices. 

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 


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76102 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

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 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, the requirement of 

Executive Order 13175 does not apply 

to this rulemaking. 

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. 

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 22 CFR Part 121 

Arms and munitions, Exports 

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 

VII to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category VII—Ground Vehicles 

*(a) Armored combat ground vehicles (see 

§ 121.4 of this subchapter) as follows: 

(1) tanks; or 

(2) infantry fighting vehicles. 

*(b) Ground vehicles (not enumerated in 

paragraph (a) of this category) and trailers 

that are armed or are ‘‘specially designed’’ to 

serve as a firing or launch platform (see 

§ 121.4 of this subchapter). 

(c) Ground vehicles and trailers equipped 

with any mission systems controlled under 

this subchapter (see § 121.4 of this 

subchapter). 

(d) [Reserved] 

*(e) Armored support ground vehicles (see 

§ 121.4 of this subchapter). 

*(f) [Reserved—for articles formerly 

controlled under this paragraph see Category 

XIX and ECCN 0A606.] 

(g) Ground vehicle components, parts, 

accessories, attachments, and associated 

equipment as follows: 

(1) armored hulls, armored turrets, and 

turret rings; 

(2) 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 vehicle) and parts and 

components ‘‘specially designed’’ therefor; 

(3) composite armor parts and components 

‘‘specially designed’’ for the vehicles in this 

category; 

(4) spaced armor components and parts, 

including slat armor components and parts 

‘‘specially designed’’ for the vehicles in this 

category; 

(5) reactive armor parts and components; 

(6) electromagnetic armor parts and 

components, including pulsed power parts 

and components ‘‘specially designed’’ 

therefor; 

(7) built in test equipment (BITE) to 

evaluate the condition of weapons or other 

mission systems for vehicles identified in 

this Category. This does not include BITE 

that provides diagnostics solely for a 

subsystem or component for the basic 

operation of the vehicle. 

(8) gun mount, stabilization, turret drive, 

and automatic elevating systems, and parts 

and components ‘‘specially designed’’ 

therefor; 

(9) self-launching bridge components rated 

class 60 or above for deployment by vehicles 

enumerated in this category; 

(10) suspension components as follows: 

(i) rotary shock absorbers ‘‘specially 

designed’’ for the vehicles weighing more 

than 30 tons in this category; or 

(ii) torsion bars ‘‘specially designed’’ for 

the vehicles weighing more than 50 tons in 

this category; 

(11) kits ‘‘specially designed’’ to convert a 

vehicle enumerated in this category into 

either an unmanned or a driver-optional 

vehicle. For a kit to be controlled by this 

paragraph, it must, at a minimum, include 

equipment for: 

(i) remote or autonomous steering; 

(ii) acceleration and braking; and 

(iii) a control system; 

(12) fire control computers, mission 

computers, vehicle management computers, 

integrated core processers, stores 

management systems, armaments control 

processors, vehicle-weapon interface units 

and computers; 

(13) test or calibration equipment for the 

mission systems of the vehicles controlled in 

this category, except those enumerated 

elsewhere; or 

*(14) 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: Parts, components, accessories, and 

attachments ‘‘specially designed’’ for 

vehicles enumerated in this category but not 

listed in Category VII(g) are subject to the 

EAR under ECCN 0A606. 

(h) 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 (g) of this 

category (see § 125.4 of this subchapter 

for exemptions). 

* * * * * 

3. Section 121.4 is added to read as 

follows: 

121.4 Ground vehicles. 

(a) In Category VII, ‘‘Ground 

Vehicles’’ means developmental, 

production, or inventory ground 

vehicles, whether manned or 

unmanned, that: 

(1) 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 rockets, firing missiles, firing 

mortars, firing artillery rounds, or firing 

other ammunition greater than .50 

caliber); 

(2) are armored support vehicles 

capable of off-road or amphibious use 

‘‘specially designed’’ to transport or 

deploy personnel or materiel, or to 

move with other vehicles over land in 


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Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 76103 

close support of combat vehicles or 

troops (e.g., personnel carriers, resupply 

vehicles, combat engineer vehicles, 

recovery vehicles, reconnaissance 

vehicles, bridge launching vehicles, 

ambulances, and command and control 

vehicles); or 

(3) incorporate any ‘‘mission systems’’ 

controlled under this subchapter. 

‘‘Mission systems’’ are defined as 

‘‘systems’’ (see § 121.8(g) of this 

subchapter) that are defense articles that 

perform specific military functions, 

such as by providing military 

communication, target designation, 

surveillance, target detection, or sensor 

capabilities. 

Note: ‘‘Armored’’ ground vehicles, for 

purposes of paragraph (a) of this section, (i) 

are ground vehicles that have integrated, 

fully armored hulls or cabs, or (ii) are ground 

vehicles on which add-on armor has been 

installed to provide ballistic protection to 

level III (National Institute of Justice 

Standard 0108.01, September 1985) or better. 

‘‘Armored’’ vehicles do not include those 

that are merely capable of being equipped 

with add-on armor. 

(b) Ground Vehicles ‘‘specially 

designed’’ for military applications that 

are not identified in (a) of this section 

are subject to the EAR under ECCN 

0A606, including any unarmed ground 

vehicles, regardless of origin or 

designation, manufactured prior to 1956 

and unmodified since 1955. 

Modifications made to incorporate 

safety features required by law, are 

cosmetic (e.g. different paint, 

repositioning of bolt holes), or that add 

parts or components otherwise available 

prior to 1956 are considered 

‘‘unmodified’’ for the purposes of this 

subparagraph. ECCN 0A606 also 

includes unarmed vehicles derived from 

otherwise EAR99 civilian vehicles that 

have been modified or otherwise fitted 

with materials to provide ballistic 

protection, including protection to level 

III (National Institute of Justice Standard 

0108.01, September 1985) or better and 

that do not have reactive or 

electromagnetic armor. 

Dated: 28 November 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–30975 Filed 12–5–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Part 171 

[Public Notice 7710] 

Privacy Act; Notice of Proposed 

Rulemaking: State-78, Risk Analysis 

and Management Records 

SUMMARY: Notice is hereby given that 

the Department of State proposes to 

amend its Privacy Act regulation 

exempting portions of a newly created 

system of records from certain 

provisions of the Privacy Act of 1974, as 

amended (5 U.S.C. 552a). Certain 

portions of the Risk Analysis and 

Management (RAM) Records, State-78, 

system of records contain criminal 

investigation records, investigatory 

material for law enforcement purposes, 

confidential source information and are 

proposed to be exempted under 5 U.S.C. 

552a(j)(2), (k)(1), (k)(2), and (k)(5). 

DATES: Comments on this system of 

records must be submitted by January 

17, 2012. 

ADDRESSES: Any persons interested in 

commenting on the proposed 

exemptions of the new system of 

records may do so by writing to the 

Director; Office of Information Programs 

and Services, A/GIS/IPS; Department of 

State, SA–2; 515 22nd Street NW.; 

Washington, DC 20522–8001. 

FOR FURTHER INFORMATION CONTACT: 

Director; Office of Information Programs 

and Services, A/GIS/IPS; Department of 

State, SA–2; 515 22nd Street NW.; 

Washington, DC 20522–8001. 

SUPPLEMENTARY INFORMATION: A notice 

of proposal to create a new system of 

records (Public Notice XXXX) is 

published elsewhere in the Federal 

Register. The proposed system, Risk 

Analysis and Management (RAM) 

Records, State-78, will support the 

vetting of directors, officers, or other 

employees of organizations who apply 

for Department of State contracts, 

grants, cooperative agreements, or other 

funding. The information collected from 

these organizations and individuals is 

specifically used to conduct screening 

to ensure that Department funds are not 

used to provide support to entities or 

individuals deemed to be a risk to U.S. 

national security interests. The records 

may contain criminal investigation 

records, investigatory material for law 

enforcement purposes, and confidential 

source information. 

The Department of State proposes to 

amend 22 CFR part 171 to exempt 

portions of the Risk Analysis and 

Management Records system of records 

from subsections (c)(3) and (4), (d), 

(e)(1), (2), and (3), (e)(4)(G), (H), and (I), 

(e)(5) and (8), (f), (g), and (h) of the 

Privacy Act of 1974, as amended (5 

U.S.C. 552a), pursuant to 5 U.S.C. 552 

a (j)(2) and from subsections (c)(3),(d), 

(e)(1), (e)(4)(G), (H), and (I), and (f) of 

the Privacy Act pursuant to 5 U.S.C. 

552a (k)(1), (k)(2), and (k)(5). 

Dated: November 16, 2011. 

Keith D. Miller, 

Director, Office of Operations, Bureau of 

Administration, U.S. Department of State. 

List of Subjects in 22 CFR Part 171: 

Privacy. 

Title 22, part 171 covering certain 

records in State-78 is proposed to be 

amended as follows: 

PART 171—[AMENDED] 

1. The authority citation for part 171 

continues to read as follows: 

Authority: 22 U.S.C. 552, 552a; Ethics in 

Government Act of 1978, Pub. L. 95–521, 92 

Stat. 1824, as amended; E.O. 12958, as 

amended, 60 FR 19825, 3 CFR, 1995 Comp., 

p. 333; E.O. 12600, 52 FR 23781, 3 CFR, 1987 

Comp., p. 235. 

2. Section § 171.36 is amended by 

adding the following exemptions to 

paragraphs (a)(2), (b)(1), (b)(2), and 

(b)(5) to read as follows: 

§ 171.36 Exemptions [Amended] 

* * * * * 

(a) * * * 

(2) * * * 

Risk Analysis and Management 

Records, STATE–78. 

* * * * * 

(b) * * * 

(1) * * * 

Risk Analysis and Management 

Records, STATE–78. 

* * * * * 

(b) * * * 

(2) * * * 

Risk Analysis and Management 

Records, STATE–78. 

* * * * * 

(b) * * * 

(5) * * * 

Risk Analysis and Management 

Records, STATE–78. 

[FR Doc. 2011–31267 Filed 12–5–11; 8:45 am] 

BILLING CODE 4710–24–P 


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