39392 Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules and Regulations 

Dated: June 27, 2012. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. 2012–16203 Filed 7–2–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

RIN 1400–AD23 

[Public Notice 7944] 

Amendment to the International Traffic 

in Arms Regulations: Yemen 

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 toward Yemen. Licenses or other 

approvals for exports or imports of 

defense articles and defense services 

destined for or originating in Yemen 

will be reviewed, and may be issued, on 

a case-by-case basis. 

DATES: Effective Date: This rule is 

effective July 3, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Director, Office 

of Defense Trade Controls Policy, U.S. 

Department of State, telephone (202) 

663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Part 126, Yemen. 

SUPPLEMENTARY INFORMATION: The 

Department of State published a notice 

in the Federal Register on December 16, 

1992, providing that the defense export 

policy for Yemen included a 

‘‘presumption of denial’’ for proposed 

exports of lethal defense articles or 

items supporting such articles. On 

August 8, 2011, the Department 

amended the ITAR to include Yemen in 

§ 126.1, which describes prohibited 

exports, imports, and sales to or from 

certain countries. That policy allowed 

for the export of non-lethal defense 

articles and defense services and nonlethal, safety-of-use defense articles for 

lethal end-items. License applications 

for the export of lethal defense articles 

and defense services were denied. 

This rule removes the ITAR § 126.1 

limitations on defense trade with 

Yemen. Less restrictive defense trade 

will further the national security and 

foreign policy interests of the United 

States. The Republic of Yemen has 

taken important steps to stabilize the 

country, including holding successful 

presidential elections in February 2012. 

Furthermore, the Republic of Yemen is 

a critical partner in the United States’ 

continuing efforts against terrorism. 

Defense assistance to the Yemeni 

government will be critical to increasing 

stability and security throughout the 

country and countering this threat. 

Therefore, § 126.1(u) is removed, and 

the Department will review on a caseby-case basis all requests for licenses or 

other approvals for exports or temporary 

imports of defense articles and defense 

services destined for or originating in 

Yemen. 

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 sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act. Since the Department is 

of the opinion that 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 Yemen, notice and 

public procedure on this rule would be 

impracticable, unnecessary, or contrary 

to the public interest; for the same 

reason, the rule will be effective 

immediately. See 5 U.S.C. 808(2). 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

rulemaking provisions of 5 U.S.C. 553, 

it does not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates 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. 

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 and 13563 

Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributed impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

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. 

Executive Order 13175 

The Department has determined that 

this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, 

Executive Order 13175 does not apply 

to this rulemaking. 

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: 


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Federal Register / Vol. 77, No. 128 / Tuesday, July 3, 2012 / Rules and Regulations 39393 

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; 

Pub. L. 111–266; Section 7045, Pub. L. 112– 

74; Section 7046, Pub. L. 112–74. 

■ 2. Section 126.1 is amended by 

removing and reserving paragraph (u), 

as follows: 

§ 126.1 Prohibited exports, imports, and 

sales to or from certain countries. 

* * * * * 

(u) [Reserved] 

* * * * * 

Dated: June 26, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2012–16283 Filed 7–2–12; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2012–0312] 

RIN 1625–AA00 

Special Local Regulation; Upper 

Mississippi River, Mile 842.0 to 840.0 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary special local 

regulation for all waters of the Upper 

Mississippi River, Mile 842.0 to 840.0, 

extending the entire width of the river. 

This special local regulation is needed 

to protect participants and event 

personnel during the swim leg of the 

Optum Health Twin Cities Triathlon 

occurring on the Upper Mississippi 

River. Entry into this area immediately 

before, during, and immediately after 

the swim portion of the triathlon will be 

prohibited unless specifically 

authorized by the Captain of the Port 

Upper Mississippi River or a designated 

representative. 

DATES: This rule is effective and 

enforceable from 7:00 a.m. until 

11:00 a.m. on July 22, 2012. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2012– 

0312 and are available online by going 

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

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2012–0312 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or email Lieutenant Junior 

Grade (LTJG) Colin Fogarty, Sector 

Upper Mississippi River Response 

Department at telephone 314–269–2546, 

email Colin.M.Fogarty@uscg.mil. If you 

have questions on viewing the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ 

Under 5 U.S.C. 553(b)(B), the Coast 

Guard finds that good cause exists for 

not using the NPRM process. The Coast 

Guard received notice from the sponsor, 

Optum Health Performance, on March 

13, 2012 stating they will be holding a 

triathlon on the Upper Mississippi River 

on July 22, 2012. The triathlon is being 

advertised via press releases to various 

media outlets to target people on a local, 

state, and national level to ensure 

maximum outreach and preparation for 

the event. Completing the NPRM 

process is impracticable and contrary to 

the public interest as it would delay the 

necessary special local regulation, 

providing restricted areas and safety 

measures required to protect 

participants and event personnel from 

hazards associated with a swim event in 

the Mississippi River. Delaying this rule 

by completing the NPRM would also 

unnecessarily interfere with and delay 

the planned event and possible 

contractual obligations. For the same 

reasons, under 5 U.S.C. 553(d)(3), the 

Coast Guard finds that good cause exists 

for making this rule effective less than 

30 days after publication in the Federal 

Register. Delaying this rule by providing 

30 days notice would be contrary to 

public interest because action is needed 

to protect participants and event 

personnel during the swim leg of the 

Optum Health Twin Cities Triathlon. 

B. Background and Purpose 

On July 22, 2012 Optum Health 

Performance will hold the Optum 

Health Performance Twin Cities 

Triathlon between mile 842.0 and 840.0 

on the Upper Mississippi River. There 

are expected to be at least 700 athletes 

participating in the event. Anticipated 

traffic on the river, presents safety risks 

to the athletes swimming the swim 

section of the triathlon. Under 33 U.S.C. 

1233 authority the Coast Guard is 

establishing this special local regulation 

to provide for the safety of participants, 

event personnel, spectators, and other 

users and vessels on the Upper 

Mississippi River during the swim 

section of the Optum Health Triathlon. 

C. Discussion of Rule 

The Coast Guard is establishing a 

temporary special local regulation for all 

waters of the Upper Mississippi River, 

from mile 842.0 to 840.0, extending the 

entire width of the river. Entry into this 

zone is prohibited to all vessels and 

persons, except persons and vessels 

specifically authorized by the Captain of 

the Port Upper Mississippi River or 

designated representative. This rule is 

effective from 7:00 a.m. until 11:00 a.m. 

on July 22, 2012. The Captain of the Port 

Upper Mississippi River will inform the 

public of the enforcement period by 

local notice to mariners, and changes to 

the enforcement by broadcast notice to 

mariners. 

D. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes or 

executive orders. 

1. Regulatory Planning and Review 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563, Improving 

Regulation and Regulatory Review, and 

does not require an assessment of 

potential costs and benefits under 


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