Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 30001 

Country Entity License 

requirement License review policy Federal Register citation 

—Vserossiyskiy Nauchno-Issledovatelskiy 

Institut Eksperimentalnoy Fiziki; 

***76 FR [INSERT FR 

PAGE NUMBER], 5/ 

24/11. 

—Russian Federal Nuclear Center-VNIIEF 

(RFNC–VNIIEF); 

—Institute of Experimental Physics; 

—ARIEP (All Russian Institute for Experimental 

Physics); 

—Khariton Institute; 

—Sarov Nuclear Weapons Plant; 

—Avangard Electromechanical Plant; 

—Federal State Unitary Enterprise Russian 

Federal Nuclear Center—All Russian Scientific 

Research Institute of Experimental Physics 

(FGUPRFNCs VNIIEF) 

—Arzamas-16, (Address: 37 Mira Ave. Sarov, 

Nizhny Novgorod Region, 607188 Russia); and 

any nuclear-related entities, institutes or centers 

located in Sarov (Kremlev) 

* * * * * * * 

Dated: May 19, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–12803 Filed 5–23–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

RIN 1400–AC83 

[Public Notice 7466] 

Amendment to the International Traffic 

in Arms Regulations: Libya 

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 

United Nations Security Council arms 

embargoes adopted in February and 

March. 

DATES: Effective Date: This rule is 

effective May 24, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Memos, Office of Defense 

Trade Controls Policy, Department of 

State, by telephone: (202) 663–2804; fax: 

(202) 261–8199; or e-mail: 

memosni@state.gov. Attn: Part 126, 

Libya. 

SUPPLEMENTARY INFORMATION: On 

February 26, 2011, the United Nations 

Security Council adopted Resolution 

1970, paragraph 9 of which provides 

that U.N. 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. Additionally, 

on March 17, 2011, the U.N. 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. This rulemaking 

implements the Security Council’s 

actions within the ITAR by adding 

Libya to § 126.1(c) and revising 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. 

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 

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, 


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30002 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations 

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 and 13563 

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. 

Because this rulemaking concerns a 

foreign affairs function of the United 

States, the Department of State has 

determined that public participation in 

this rulemaking under Section 2 of 

Executive Order 13563 is not required. 

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. 

■ 2. Section 126.1 is amended by 

revising paragraphs (c) and (k) to read 

as follows: 

§ 126.1 Prohibited exports and sales to 

certain countries. 

* * * * * 

(c) Exports and sales prohibited by 

United Nations Security Council 

embargoes. Whenever the United 

Nations Security Council mandates an 

arms embargo, all transactions that are 

prohibited by the embargo and that 

involve U.S. persons (see § 120.15 of 

this chapter) anywhere, or any person in 

the United States, and defense articles 

or services of a type enumerated on the 

United States Munitions List (22 CFR 

part 121), irrespective of origin, are 

prohibited under the ITAR for the 

duration of the embargo, unless the 

Department of State publishes a notice 

in the Federal Register specifying 

different measures. This would include, 

but is not limited to, transactions 

involving trade by U.S. persons who are 

located inside or outside of the United 

States in defense articles or services of 

U.S. or foreign origin that are located 

inside or outside of the United States. 

United Nations Arms Embargoes 

include, but are not necessarily limited 

to, the following countries: 

(1) Cote d’Ivoire. 

(2) Democratic Republic of Congo (see 

also paragraph (i) of this section). 

(3) Iraq. 

(4) Iran. 

(5) Lebanon. 

(6) Liberia. 

(7) Libya (see also paragraph (k) of 

this section). 

(8) North Korea. 

(9) Sierra Leone. 

(10) Somalia. 

(11) Sudan. 

* * * * * 

(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 where it determines, upon caseby-case review, that the transaction (or 

activity) is not prohibited under 

applicable U.N. Security Council 

resolutions and that the transaction (or 

activity) is in furtherance of the national 

security and foreign policy of the United 

States. 

* * * * * 

Dated: May 17, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–12621 Filed 5–23–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE TREASURY 

Alcohol and Tobacco Tax and Trade 

Bureau 

27 CFR Part 9 

[Docket No. TTB–2010–0005; T.D. TTB–93; 

Ref: Notice No. 108] 

RIN 1513–AB55 

Establishment of the Antelope Valley 

of the California High Desert 

Viticultural Area 

AGENCY: Alcohol and Tobacco Tax and 

Trade Bureau, Treasury. 

ACTION: Final rule; Treasury decision. 

SUMMARY: This Treasury decision 

establishes the 665-square mile 

‘‘Antelope Valley of the California High 

Desert’’ American viticultural area in 

Los Angeles and Kern Counties, 

California. The Alcohol and Tobacco 

Tax and Trade Bureau designates 

viticultural areas to allow vintners to 

better describe the origin of their wines 

and to allow consumers to better 

identify wines they may purchase. 

DATES: Effective Date: June 23, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Elisabeth C. Kann, Regulations and 

Rulings Division, Alcohol and Tobacco 

Tax and Trade Bureau, 1310 G St., NW., 

Room 200E, Washington, DC 20220; 

phone 202–453–2002. 

SUPPLEMENTARY INFORMATION: 

Background on Viticultural Areas 

TTB Authority 

Section 105(e) of the Federal Alcohol 

Administration Act (FAA Act), 27 

U.S.C. 205(e), authorizes the Secretary 

of the Treasury to prescribe regulations 

for the labeling of wine, distilled spirits, 

and malt beverages. The FAA Act 

requires that these regulations, among 

other things, prohibit consumer 

deception and the use of misleading 

statements on labels, and ensure that 

labels provide the consumer with 

adequate information as to the identity 

and quality of the product. The Alcohol 

and Tobacco Tax and Trade Bureau 

(TTB) administers the regulations 

promulgated under the FAA Act. 

Part 4 of the TTB regulations (27 CFR 

part 4) allows the establishment of 

definitive viticultural areas and the use 

of their names as appellations of origin 

on wine labels and in wine 

advertisements. Part 9 of the TTB 

regulations (27 CFR part 9) contains the 

list of approved viticultural areas. 

Definition 

Section 4.25(e)(1)(i) of the TTB 

regulations (27 CFR 4.25(e)(1)(i)) defines 


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