69612 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable and no 

regulatory flexibility analysis has been 

prepared. 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

Accordingly, part 748 of the EAR (15 

CFR parts 730–774) is amended as 

follows: 

PART 748—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 748 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 

3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 12, 2011, 76 FR 50661 (August 16, 

2011). 

■ 2. Supplement No. 7 to Part 748 is 

amended by: 

■ a. Removing the entire entry for 

National Semiconductor Corporation; 

and 

■ b. Removing ‘‘Semiconductor 

Manufacturing International (Chengdu) 

Corporation, Assembly and Testing 

(AT2) Facility, 8–8 Kexin Road, Export 

Processing Zone (West Area), Chengdu, 

China 611731’’ from the ‘‘Eligible 

Destinations’’ column in ‘‘China 

(People’s Republic of)’’. 

Dated: November 1, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–28916 Filed 11–8–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice: 7682] 

RIN 1400–AC93 

Amendment to the International Traffic 

in Arms Regulations: Sudan 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The Department of State is 

amending the International Traffic in 

Arms Regulations to include the 

Republic of the Sudan as a proscribed 

destination, pursuant to a United 

Nations Security Council arms embargo, 

and to clarify that this policy does not 

apply to the Republic of South Sudan. 

DATES: Effective Date: This rule is 

effective November 9, 2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charles B. Shotwell, Director, Office of 

Defense Trade Controls Policy, U.S. 

Department of State, telephone (202) 

663–2792, or email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, Sudan. 

SUPPLEMENTARY INFORMATION: Section 

126.1(v) is added to set out U.S. policy 

on arms exports to the Republic of the 

Sudan, in accordance with UN Security 

Council resolutions imposing an arms 

embargo and recent political 

developments in Sudan. UNSC 

resolution 1556, adopted July 30, 2004, 

imposes an arms embargo on nongovernmental entities and individuals 

operating in Darfur, with certain 

exceptions. Subsequently, UNSC 

resolution 1591, adopted on March 29, 

2005, expanded the arms embargo to all 

parties to the N’djamena Ceasefire 

Agreement, including the Government 

of the Republic of Sudan. UNSC 

resolution 1945, adopted on October 14, 

2010, reaffirmed and strengthened the 

arms embargo. Accordingly, 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 the Republic of the 

Sudan. The exceptions, as provided in 

the referenced resolutions, are for (1) 

Supplies and related technical training 

and assistance to monitoring, 

verification, or peace support 

operations, including those authorized 

by the UN or operating with the consent 

of the relevant parties; (2) supplies of 

non-lethal military equipment intended 

solely for humanitarian, human rights 

monitoring, or protective uses, and 

related technical training and 

assistance; (3) personal protective gear 

for the personal use of United Nations 

personnel, human rights monitors, 

representatives of the media, and 

humanitarian and development workers 

and associated personnel; and (4) 

assistance and supplies provided in 

support of implementation of the 

Comprehensive Peace Agreement. 

Licenses submitted pursuant to these 

exceptions will be considered on a caseby-case basis. 

Sections 126.1(c) and (d) are revised 

to change ‘‘Sudan’’ to ‘‘The Republic of 

the Sudan.’’ 

On July 9, 2011, the Republic of South 

Sudan declared independence from 

Sudan and was recognized as a 

sovereign state by the United States. The 

policy of denial as it applies to the 

Republic of the Sudan does not apply to 

the Republic of South Sudan. Licenses 

or other approvals for exports or imports 

of defense articles and defense services 

destined for or originating in the 

Republic of the South Sudan will be 

considered on a case-by-case basis. 

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 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 the Republic of the 

Sudan, 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 this amendment is not subject 

to 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 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 69613 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this 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 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 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 

pre-empt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do 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: 

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 paragraphs (c)(11) and (d), and 

adding paragraph (v), to read as follows: 

§ 126.1 Prohibited exports and sales to 

certain countries. 

* * * * * 

(c) * * * 

(11) The Republic of the Sudan (see 

also paragraph (v) of this section). 

(d) Terrorism. Exports to countries 

which the Secretary of State has 

determined to have repeatedly provided 

support for acts of international 

terrorism are contrary to the foreign 

policy of the United States and are thus 

subject to the policy specified in 

paragraph (a) of this section and the 

requirements of section 40 of the Arms 

Export Control Act (22 U.S.C. 2780) and 

the Omnibus Diplomatic Security and 

Anti-Terrorism Act of 1986 (22 U.S.C. 

4801, note). The countries in this 

category are: Cuba, Iran, the Republic of 

the Sudan, and Syria. 

* * * * * 

(v) Sudan. 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 the 

Republic of the Sudan, except a license 

or other approval may be issued, on a 

case-by-case basis, for: 

(1) Supplies and related technical 

training and assistance to monitoring, 

verification, or peace support 

operations, including those authorized 

by the United Nations or operating with 

the consent of the relevant parties; 

(2) Supplies of non-lethal military 

equipment intended solely for 

humanitarian, human rights monitoring, 

or protective uses and related technical 

training and assistance; 

(3) Personal protective gear for the 

personal use of United Nations 

personnel, human rights monitors, 

representatives of the media, and 

humanitarian and development workers 

and associated personnel; or 

(4) Assistance and supplies provided 

in support of implementation of the 

Comprehensive Peace Agreement. 

Note to § 126.1. On July 9, 2011, the 

Republic of South Sudan declared 

independence from Sudan and was 

recognized as a sovereign state by the United 

States. This policy does not apply to the 

Republic of South Sudan. Licenses or other 

approvals for exports or imports of defense 

articles and defense services destined for or 

originating in the Republic of the South 

Sudan will be considered on a case-by-case 

basis. 

Dated: November 2, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–29041 Filed 11–4–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket No. USCG–2010–1001] 

RIN 1625–AA00; 1625–AA08 

Special Local Regulations and Safety 

Zones; Recurring Events in Captain of 

the Port New York Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is removing, 

adding, and consolidating special local 

regulations and establishing permanent 

safety zones in the Coast Guard Captain 

of the Port (COTP) New York Zone for 

annual recurring swim events, fireworks 

displays, and marine events (annual 

recurring events). When these special 

local regulations or safety zones are 

activated and subject to enforcement, 

this will restrict vessels from portions of 

water areas during these annual 

recurring events. The special local 

regulations and safety zones will 

facilitate public notification of events 

and help protect the public and event 

participants from the hazards associated 

with these annual recurring events. 

DATES: This rule is effective December 9, 

2011. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2010–1001 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2010–1001 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

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 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email LTJG Eunice James, 

Coast Guard; telephone (718) 354–4163, 

email Eunice.A.James@uscg.mil. If you 

have questions on viewing or submitting 


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