Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 68313 

(1) A DSP–5 license issued 

electronically by DDTC and 

decremented electronically by the U.S. 

Customs and Border Protection through 

the Automated Export System (AES) is 

not required to be returned to DDTC. If 

a DSP–5 license issued electronically is 

decremented physically in one or more 

instance the license must be returned 

DDTC. A copy of the DSP–5 license 

must be maintained by the applicant in 

accordance with § 122.5 of this 

subchapter. 

(2) DSP–5, DSP–61, DSP–73, and 

DSP–85 licenses issued by DDTC but 

not decremented electronically by the 

U.S. Customs and Border Protection 

through AES (e.g., oral or visual 

technical data releases or temporary 

import and export licenses retained in 

accordance with paragraph (a)(2) of this 

section), must be returned by the 

applicant, or the government agency 

with which the license was filed, to 

DDTC upon expiration, to include when 

the total authorized value or quantity 

has been shipped. A copy of the license 

must be maintained by the applicant in 

accordance with § 122.5 of this 

subchapter. AES does not decrement the 

DSP–61, DSP–73, and DSP–85 licenses. 

Submitting the Electronic Export 

Information is not considered to be 

decremented electronically for these 

licenses. 

(3) A DSP–94 authorization filed with 

the U.S. Customs and Border Protection 

must be returned by the applicant, or 

the government agency with which the 

authorization was filed, to DDTC upon 

expiration, to include when the total 

authorized value or quantity has been 

shipped, or when all shipments against 

the Letter of Offer and Acceptance have 

been completed. AES does not 

decrement the DSP–94 authorization. 

Submitting the Electronic Export 

Information is not considered to be 

decremented electronically for the DSP– 

94. A copy of the DSP–94 must be 

maintained by the applicant in 

accordance with § 122.5 of this 

subchapter. 

(4) A license issued by DDTC but not 

used by the applicant does not need to 

be returned to DDTC, even when 

expired. 

(5) A license revoked by DDTC is 

considered expired and must be 

handled in accordance with paragraphs 

(c)(1) and (c)(2) of this section. 

Dated: October 27, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–28548 Filed 11–3–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 7675] 

RIN 1400–AC97 

Amendment to the International Traffic 

in Arms Regulations: Libya and 

UNSCR 2009 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations (ITAR) to update the 

policy regarding Libya to reflect the 

additional modifications to the United 

Nations Security Council arms embargo 

of Libya adopted in September 2011. 

DATES: Effective Date: This rule is 

effective November 4, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Charles B. Shotwell, Director, Office of 

Defense Trade Controls Policy, 

Department of State, by telephone: (202) 

663–2792; fax: (202) 261–8199; or email: 

DDTCResponseTeam@state.gov. ATTN: 

Part 126, Libya. 

SUPPLEMENTARY INFORMATION: On 

September 16, 2011, the United Nations 

Security Council adopted resolution 

2009, which modifies the arms embargo 

against Libya put in place by the 

adoption in February and March of 

resolutions 1970 and 1973, respectively. 

Resolutions 1970 and 1973, and the 

May 2011 ITAR Amendment Regarding 

Libya 

On February 26, 2011, the United 

Nations Security Council adopted 

Resolution 1970, paragraph 9 of which 

provides that UN member states shall 

immediately take the necessary 

measures to prevent the sale, supply, or 

transfer of arms and related materiel of 

all types to the Libyan Arab Jamahiriya, 

with certain exceptions. On March 17, 

2011, the UN Security Council adopted 

Resolution 1973, paragraph 4 of which 

authorizes member states to take all 

necessary measures, notwithstanding 

the arms embargo established by 

paragraph 9 of Resolution 1970, to 

protect civilians and civilian populated 

areas under threat of attack in Libya. On 

May 24, 2011, the Department amended 

the ITAR to implement the Security 

Council’s actions by adding Libya to 

§ 126.1(c), which identifies countries 

subject to UN Security Council arms 

embargoes. See 76 FR 30001. The 

Department also revised the previous 

policy on Libya contained in § 126.1(k) 

to announce a policy of denial for all 

requests for licenses or other approvals 

to export or otherwise transfer defense 

articles and services to Libya, except 

where not prohibited under UNSC 

embargo and determined to be in the 

interests of the national security and 

foreign policy of the United States. 

Resolution 2009 

To the existing exceptions to the arms 

embargo, delineated in resolutions 1970 

and 1973, resolution 2009 adds the 

supply, sale, or transfer to Libya of arms 

and related materiel, including 

technical assistance, intended solely for 

security or disarmament assistance to 

the Libyan authorities, and small arms, 

light weapons, and related materiel for 

the sole use of UN personnel, 

representatives of the media, and 

humanitarian and development workers 

and associated personnel. License 

applications submitted pursuant to 

these exceptions are notified in advance 

to the Committee of the Security 

Council concerning Libya, and are 

eligible for approval in the absence of a 

negative decision by the Committee 

within five working days of such a 

notification. 

Accordingly, the ITAR is amended to 

reflect these exceptions. 

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. Since this rule is exempt 

from 5 U.S.C. 553, it is the view of the 

Department of State that the provisions 

of § 553(d) do not apply to this 

rulemaking. Therefore, this rule is 

effective upon publication. The 

Department also finds that, given the 

national security issues surrounding 

U.S. policy towards Libya, that notice 

and public procedure on this rule would 

be impracticable, unnecessary, or 

contrary to the public interest. See 5 

U.S.C. 808(2). 

Regulatory Flexibility Act 

Since this amendment is not subject 

to the notice-and-comment procedures 

of 5 U.S.C. 553, it does not require 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This 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 


jlentini on DSK4TPTVN1PROD with RULES
68314 Federal Register / Vol. 76, No. 214 / Friday, November 4, 2011 / Rules and Regulations 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Executive Order 13175 

The Department has determined that 

this rule 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 

requirements of Section 5 of Executive 

Order 13175 do not apply to this rule. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This 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 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 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 amendment. 

Executive Orders 12866 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review. 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. 

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 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. 

Paperwork Reduction Act 

This rule 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 126 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, title 22, chapter I, subchapter M, 

part 126, is amended as follows: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 1. 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); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p.79; 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. 

■ 2. Section 126.1 is amended by 

revising paragraph (k) to read as follows: 

§ 126.1 Prohibited exports and sales to 

certain countries. 

* * * * * 

(k) Libya. It is the policy of the United 

States to deny licenses or other 

approvals for exports or imports of 

defense articles and defense services 

destined for or originating in Libya, 

except that a license or other approval 

may be issued, on a case-by-case basis, 

for: 

(1) Arms and related materiel of all 

types, including technical assistance 

and training, intended solely for 

security or disarmament assistance to 

the Libyan authorities and notified in 

advance to the Committee of the 

Security Council concerning Libya and 

in the absence of a negative decision by 

the Committee within five working days 

of such a notification; 

(2) Small arms, light weapons, and 

related materiel temporarily exported to 

Libya for the sole use of UN personnel, 

representatives of the media, and 

humanitarian and development workers 

and associated personnel, notified in 

advance to the Committee of the 

Security Council concerning Libya and 

in the absence of a negative decision by 

the Committee within five working days 

of such a notification; or 

(3) Other sales or supply of arms and 

related materiel, or provision of 

assistance or personnel, as approved in 

advance by the Committee. 

* * * * * 

Dated: October 27, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–28544 Filed 11–3–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2011–0942] 

RIN 1625–AA08 

Special Local Regulations; Key West 

World Championship, Atlantic Ocean; 

Key West, FL 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing special local regulations on 

the waters of the Atlantic Ocean located 

southwest of Key West, Florida during 

the Key West World Championship, a 

series of high-speed boat races. The 

event is scheduled to take place on 

Wednesday, November 9, 2011; Friday, 

November 11, 2011; and Sunday, 

November 13, 2011. These special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. The special local 

regulations will temporarily restrict 

vessel traffic in certain waters of the 

Atlantic Ocean. The special local 

regulations will establish the following 

four areas: A race area, where all 

persons and vessels, except those 

persons and vessels participating in the 

high-speed boat races, are prohibited 

from entering, transiting, anchoring, or 

remaining; a buffer zone around the race 

area, where all persons and vessels, 

except those persons and vessels 

enforcing the buffer zone, are prohibited 

from entering, transiting, anchoring, or 

remaining; and two spectator areas, 

where all vessels are prohibited from 

anchoring unless authorized by the 

Captain of the Port Key West or a 

designated representative. 

DATES: This rule is effective from 9 a.m. 

on November 9, 2011 through 5 p.m. on 

November 13, 2011. This rule will be 

enforced daily from 9 a.m. until 5 p.m. 

on November 9, 2011; November 11, 

2011; and November 13, 2011. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket, are part of docket USCG–2011– 

0942 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2011–0942 in the ‘‘Keyword’’ 


jlentini on DSK4TPTVN1PROD with RULES