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DOD/OS RIN: 0790-AI73 Publication ID: 2012 
Title: Withholding of Unclassified Technical Data From Public Disclosure 
Abstract: This part establishes policy, prescribes procedures, and assigns responsibilities for the dissemination and withholding of technical data pursuant to 10 U.S.C. 130. Pursuant to 10 U.S.C. 130 and 133, the Secretary of Defense may withhold from public disclosure, notwithstanding any other provision of law, any technical data with military or space application in the possession of, or under the control of, the DoD, if such data may not be exported lawfully without an approval, authorization, or license in accordance with Executive Order 13222 or pursuant to the Arms Export Control Act of 1976. However, technical data may not be withheld under this section if regulations promulgated under either Executive Order 13222 or the Arms Export Control Act of 1976 authorize the export of such data pursuant to a general, unrestricted license or exemption in such regulations. Because public disclosure of technical data subject to this part is tantamount to providing uncontrolled foreign access, withholding such data from public disclosure, unless approved, authorized, or licensed in accordance with export control laws, is necessary and in the national interest. Unclassified technical data that are not governed by this part, unless otherwise restricted, shall continue to be made available to the public as well as to State and local governments. The revisions to this rule are part of DoD's retrospective plan under Executive Order 13563 completed in August 2011. DoD's full plan can be accessed at: http://exchange.regulations.gov/exchange/topic/eo-13563. 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 32 CFR 250   
Legal Authority: 10 USC 133   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/00/2013 
Additional Information: DoD Instruction 5230.25
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Vakare Valaitis
Department of Defense
Office of the Secretary
8725 John J. Kingman Road,
Fort Belvoir, VA 22060-6218
Phone:703 767-9159
Fax:703 767-8228
Email: vakare.k.valaitis.civ@mail.mil