Amendment to General Order No. 3: Expansion of the General Order and Addition of Certain Persons, 31716-31719 [E7-11126]
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31716
Federal Register / Vol. 72, No. 110 / Friday, June 8, 2007 / Rules and Regulations
Control 1234L [Amended]
That airspace extending upward from
2,000 feet above the surface within an area
bounded by a line beginning at lat. 58°06′57″
N., long. 160°00′00″ W., then south along
long. 160°00′00″ W. until it intersects the
Anchorage Air Route Traffic Control Center
(ARTCC) boundary; then southwest,
northwest, north, and northeast along the
Anchorage ARTCC boundary to lat. 62°35′00″
N., long. 175°00′00″ W., to lat. 59°59′57″ N.,
long. 168°00′08″ W., to lat. 57°45′57″ N.,
long. 161°46′08″ W., to the point of
beginning; and that airspace extending
upward from the surface within a 4.6-mile
radius of Cold Bay Airport, AK, and within
1.7 miles each side of the 150° bearing from
Cold Bay Airport, AK, extending from the
4.6-mile radius to 7.7 miles southeast of Cold
Bay Airport, AK, and within 3 miles west
and 4 miles east of the 335° bearing from
Cold Bay Airport, AK, extending from the
4.6-mile radius to 12.2 miles northwest of
Cold Bay Airport, AK and that airspace
extending upward from 700 feet above the
surface within a 6.9-mile radius of Eareckson
Air Station, AK, and within a 7-mile radius
of Adak Airport, AK, and within 5.2 miles
northwest and 4.2 miles southeast of the 061°
bearing from the Mount Moffett NDB, AK,
extending from the 7-mile radius of Adak
Airport, AK, to 11.5 miles northeast of Adak
Airport, AK and within a 6.5-mile radius of
King Cove Airport, and that airspace
extending 1.2 miles either side of the 103°
bearing from King Cove Airport from the 6.5mile radius out to 8.8 miles; and within a 6.4mile radius of the Atka Airport, AK, and
within a 6.9-mile radius of Eareckson Air
Station, AK, and within a 6.3-mile radius of
Nelson Lagoon Airport, AK and within a 6.4mile radius of Sand Point Airport, AK, and
within 3 miles each side of the 172° bearing
from the Borland NDB/DME, AK, extending
from the 6.4-mile radius of Sand Point
Airport, AK, to 13.9 miles south of Sand
Point Airport, AK, and within 5 miles either
side of the 318° bearing from the Borland
NDB/DME, AK, extending from the 6.4-mile
radius of Sand Point Airport, AK, to 17 miles
northwest of Sand Point Airport, AK, and
within 5 miles either side of the 324° bearing
from the Borland NDB/DME, AK, and within
a 6.6-mile radius of St. George Airport, AK,
and within an 8-mile radius of St. Paul Island
Airport, AK, and 8 miles west and 6 miles
east of the 360° bearing from St. Paul Island
Airport, AK, to 14 miles north of St. Paul
Island Airport, AK, and within 6 miles west
and 8 miles east of the 172° bearing from St.
Paul Island Airport, AK to 15 miles south of
Paul Island Airport, AK, and within a 6.4mile radius of Unalaska Airport, AK, and
within 2.9 miles each side of the 360° bearing
from the Dutch Harbor NDB, AK, extending
from the 6.4-mile radius of Unalaska Airport,
AK, to 9.5 miles north of Unalaska Airport,
AK; and that airspace extending upward from
1,200 feet above the surface within a 26.2mile radius of Eareckson Air Station, AK,
within an 11-mile radius of Adak Airport,
AK, and within 16 miles of Adak Airport,
AK, extending clockwise from the 033°
bearing to the 081° bearing from the Mount
Moffett NDB, AK, and within a 10-mile
radius of Atka Airport, AK, and within a
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10.6-mile radius from Cold Bay Airport, AK,
and within 9 miles east and 4.3 miles west
of the 321° bearing from Cold Bay Airport,
AK, extending from the 10.6-mile radius to
20 miles northwest of Cold Bay Airport, AK,
and 4 miles each side of the 070° bearing
from Cold Bay Airport, AK, extending from
the 10.6-mile radius to 13.6 miles northeast
of Cold Bay Airport, AK, and within a 26.2mile radius of Eareckson Air Station, AK, and
west of 160° west longitude within an 81.2mile radius of Perryville Airport, AK, and
within a 10-mile radius of St. George Airport,
AK, and within a 73-mile radius of St. Paul
Island Airport, AK, and within a 20-mile
radius of Unalaska Airport, AK, extending
clockwise from the 305° bearing from the
Dutch Harbor NDB, AK, to the 075° bearing
from the Dutch Harbor NDB, AK, and west
of 160° longitude within a 25-mile radius of
the Borland NDB/DME, AK, and west of
160°W. longitude within a 72.8-mile radius
of Chignik Airport, AK.
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Control 1487L [Amended]
That airspace extending upward from
8,000 feet MSL within 149.5 miles of the
Anchorage VOR/DME clockwise from the
090° radial to the 185° radial of the
Anchorage VOR/DME, AK; and that airspace
extending upward from 5,500 feet MSL
within the area bounded by a line beginning
at lat. 58°19′58″ N., long. 148°55′07″ W.; to
lat. 59°08′35″ N., long. 147°16′04″ W.; thence
counterclockwise via the 149.5-mile radius of
the Anchorage VOR/DME, AK, to the
intersection with a point 12 miles from and
parallel to the U.S. coastline; thence
southeast 12 miles from and parallel to the
U.S. coastline to a point 12 miles offshore on
the Vancouver FIR boundary; to lat.
54°32′57″ N., long. 133°11′29″ W.; to lat.
54°00′00″ N., long. 136°00′00″ W.; to lat.
52°43′00″ N., long. 135°00′00″ W.; to lat.
56°45′42″ N., long. 151°45′00″ W.; to the
point of beginning; and that airspace
extending upward from 1,200 feet MSL
within the area bounded by a line beginning
at lat. 59°33′25″ N., long. 141°03′22″ W.;
thence southeast 12 miles from and parallel
to the U.S. coastline to lat. 58°56′18″ N., long.
138°45′19″ W.; to lat. 58°40′00″ N., long.
139°30′00″ W.; to lat. 59°00′00″ N., long.
141°10′00″ W.; to the point of beginning, and
within an 85-mile radius of the Biorka Island
VORTAC, AK, and within a 42-mile radius of
the Middleton Island VOR/DME, AK, and
within a 30-mile radius of the Glacier River
NDB, AK; and within a 149.5-mile radius of
the Anchorage VOR/DME, AK, within the 73mile radius of Homer Airport, AK; and that
airspace extending upward from 700 feet
MSL within 14 miles of the Biorka Island
VORTAC, AK, and within 4 miles west and
8 miles east of the Biorka Island VORTAC
209° radial extending to 16 miles southwest
of the Biorka Island VORTAC, AK.
*
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Issued in Washington, DC, on May 29,
2007.
Paul Gallant,
Acting Manager, Airspace and Rules Group.
[FR Doc. E7–11061 Filed 6–7–07; 8:45 am]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 736
[Docket No. 070523152–7153–01]
RIN 0694–AD99
Amendment to General Order No. 3:
Expansion of the General Order and
Addition of Certain Persons
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: The Bureau of Industry and
Security is revising the Export
Administration Regulations (EAR) by
amending a general order published in
the Federal Register on June 5, 2006
and later amended on September 6,
2006 to add nine additional persons.
The general order imposed a license
requirement for exports and reexports of
all items subject to the EAR where the
transaction involved Mayrow General
Trading (‘‘Mayrow’’) or entities related,
as specified in that general order. The
order also prohibited the use of License
Exceptions for exports or reexports of
any items subject to the EAR involving
such entities.
This rule will expand the general
order and add sixteen additional
persons to it. Pursuant to the expansion,
the general order will cover: (i) Persons
regarding whom the U.S. Government
possesses information of affiliation or
relationship to Mayrow; and (ii) other
persons regarding whom the U.S.
Government possesses information
concerning the acquisition or attempted
acquisition of commodities capable of
being used to construct IEDs, as well as
persons who are related to or affiliated
with such persons. The order will apply
to persons specifically listed who fit
within either of these two groups. To
reflect this expansion, this rule will
update the heading of the general order
to use the term ‘‘persons’’.
In total, pursuant to this expansion,
this rule will add the following sixteen
persons to the general order, listed in
alphabetical order: Al-Faris; Ali Akbar
Yahya; Amir Mohammad Zahedi; EKT
Electronics; Encyclopedia Electronics
Center; Frank Lam; GBNTT; Majid Seif;
Mohammed Katranji; Neda Industrial
Group; Nedayeh Micron Electronics;
Sayed-Ali Hosseini; Speedy Electronics
Ltd.; United Sources Industrial
Enterprises; Vast Solution Sdn Bhd.;
and Y-Sing Components Limited.
EFFECTIVE DATE: This rule is effective
June 8, 2007. Although there is no
formal comment period, public
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comments on this regulation are
welcome on a continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AD99, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov.
Include ‘‘RIN 0694–AD99’’ in the
subject line of the message.
Fax: (202) 482–3355. Please alert the
Regulatory Policy Division, by calling
(202) 482–2440, if you are faxing
comments.
Mail or Hand Delivery/Courier:
Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
Attn: RIN 0694–AD99.
Send comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, to David Rostker,
Office of Management and Budget
(OMB), by e-mail to
David_Rostker@omb.eop.gov, or by fax
to (202) 395–7285; and to the Regulatory
Policy Division, Bureau of Industry and
Security, Department of Commerce, P.O.
Box 273, Washington, DC 20044.
Comments on this collection of
information should be submitted
separately from comments on the final
rule (i.e. RIN 0694–AD99)—all
comments on the latter should be
submitted by one of the three methods
outlined above.
FOR FURTHER INFORMATION CONTACT: John
Sonderman, Assistant Director for
Operations, Office of Export
Enforcement, Bureau of Industry and
Security, Department of Commerce, P.O.
Box 273, Washington, DC 20044; Phone:
(202) 482–1208, x 3; E-mail:
rpd2@bis.doc.gov; Fax: (202) 482–0964.
SUPPLEMENTARY INFORMATION:
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Background
Expansion of the General Order
Pursuant to 15 CFR parts 736 and 744
(2006), General Order No. 3, which was
published on June 5, 2006 and
subsequently amended on September 6,
2006, imposed a license requirement for
exports and reexports of all items
subject to the EAR (15 CFR parts 730–
774) where the transaction involved
Mayrow or related entities.
Prior to this rule, the general order
listed persons who were related to
Mayrow and concerning whom the U.S.
Government possessed information
regarding the acquisition or attempted
acquisition by them of electronic
components and devices
(‘‘commodities’’) capable of being used
in the construction of Improvised
Explosive Devices (‘‘IEDs’’). These
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commodities have been, and may
continue to be, employed in IEDs or
other explosive devices used against
Coalition Forces in Iraq and
Afghanistan.
In light of additional information that
the U.S. Government has received
regarding continuing activity relating to
commodities that are capable of use in
the construction of IEDs, as well as a
broader concern relating to the risk of
diversion of commodities for such a
purpose, this rule will expand the scope
of the general order.
First, the general order will cover
persons whom the U.S. Government,
including the U.S. Department of
Commerce, has reason to believe, based
on specific and articulable facts, are
affiliated with or related to Mayrow.
Inclusion of such persons will guard
against the risk that persons may
attempt to evade the general order’s bar
on unlicensed exports or reexports to
Mayrow by diverting commodities to
Mayrow or to persons who are affiliated
with or related to Mayrow. The general
order will cover such persons by
specifically listing them.
Second, the general order will cover
persons whom the U.S. Government,
including the U.S. Department of
Commerce, has reason to believe, based
on specific and articulable facts, have
acquired or attempted to acquire
commodities that are capable of being
used in the construction of IEDs. These
commodities have been, and may
continue to be, employed in IEDs or
other explosive devices used against
Coalition Forces in Iraq and
Afghanistan. The general order will
cover such persons by specifically
listing them. To guard against the risk
of diversion of such commodities for
IED-related purposes, the order will also
specifically list the persons who are
affiliated with or related to such
persons.
To reflect this expansion, this rule
will update the heading of the general
order. This rule will use the term
‘‘persons,’’ as defined in 15 CFR 772.1,
rather than ‘‘entities,’’ as the term
‘‘persons’’ covers individuals,
organizations and entities. Pursuant to
this rule, the general order will list
alphabetically all of the persons subject
to the order. For each person, the order
will indicate the date on which the
person was added to the order. All of
the persons will be listed in paragraph
(a). All of the persons listed will be
subject to the same license requirements
and limitations on the use of license
exceptions. License applications
involving these persons will be subject
to a general policy of denial.
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31717
Addition of Certain Persons
Specifically, pursuant to the
expansion described above, this rule
adds sixteen additional persons, listed
in alphabetical order, to General Order
No. 3 as follows:
Al-Faris, RAK Free Zone, P.O. Box
10559, Ras Al Khaimah, U.A.E.;
Ali Akbar Yahya, 505 Siraj Building
17B Street, Mankhool, Dubai, U.A.E.;
Amir Mohammad Zahedi, RAK Free
Zone, P.O. Box 10559, Ras Al Khaimah,
U.A.E.;
EKT Electronics, 1st floor, Abbasieh
Building, Hijaz Street, P.O. Box 10112,
Damascus, Syria; and 1st floor, Hujij
Building, Korniche Street, P.O. Box 817
No. 3, Beirut, Lebanon;
Encyclopedia Electronics Center,
Musalam Al-Baroudi Street, Halbouni,
Damascus, Syria;
Frank Lam, 1206–7, 12/F New Victory
House, Hong Kong;
GBNTT, No. 34 Mansour Street,
Tehran, Iran;
Majid Seif, 27–06 Amcorp Building,
Jalan 18, Persiaran Barat 46050 Petaling
Jaya, Selangor, Malaysia;
Mohammed Katranji, 1st floor,
Abbasieh Building, Hijaz Street, P.O.
Box 10112, Damascus, Syria; and 1st
floor, Hujij Building, Korniche Street,
P.O. Box 817 No. 3, Beirut, Lebanon;
Neda Industrial Group, No. 10 and 12,
64th St. Jamalodin Asadabadi Avenue,
Tehran, Iran;
Nedayeh Micron Electronics, No. 34
Mansour St., Tehran, Iran;
Sayed-Ali Hosseini, 201 Latifah
Building, Al Maktoum St., Dubai,
U.A.E.;
Speedy Electronics Ltd., 1206–7, 12/
F New Victory House, Hong Kong;
United Sources Industrial Enterprises,
11/F, Excelsior Building, 68–76 Sha
Tsui Road, Hong Kong;
Vast Solution Sdn Bhd., 27–06
Amcorp Building, Jalan 18, Persiaran
Barat, 46050 Petaling Jaya, Selangor,
Malaysia; and
Y-Sing Components Limited, Unit
401, Harbour Ctr., Tower 2, 8 Hok
Cheung Street, Hung Hom, Kowloon,
Hong Kong.
Under this order, a BIS license is
required for the export or reexport of
any item subject to the EAR to any of
the above-named persons, including any
transaction in which any of the abovenamed persons will act as purchaser,
intermediate consignee, ultimate
consignee, or end-user of the items. This
order also prohibits the use of License
Exceptions (see part 740 of the EAR) for
exports and reexports of items subject to
the EAR involving such persons.
Consistent with section 6 of the
Export Administration Act of 1979, as
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amended (50 U.S.C. app. 2401–2420)
(2000) (the ‘‘Act’’), a foreign policy
report was submitted to Congress on
June 6, 2007, notifying Congress of the
expansion of the general order and the
imposition of a control in the form of a
licensing requirement for exports and
reexports of all items subject to the EAR
destined to the persons listed in the
order. The report also notified Congress
that sixteen additional persons are
added to General Order No. 3 with this
final rule.
On June 5, 2007, BIS published a
proposed rule in the Federal Register
titled, ‘‘Authorization to Impose License
Requirements for Exports or Reexports
to Entities Contrary to the National
Security or Foreign Policy Interests of
the United States’’. RIN 0694–AD92.
That proposed rule, among other
proposed changes related to the Entity
List (Supplement No. 4 to Part 744 of
the EAR), would create a new § 744.11
to authorize BIS to add to the Entity List
entities that BIS has reasonable cause to
believe, based on specific and
articulable facts, have been, are or pose
a risk of being involved in activities that
are contrary to the national security or
foreign policy interests of the United
States or those acting on behalf of such
entities. If that rule is published as a
final rule, it may provide a basis for
adding persons such as those listed in
this expanded General Order No. 3 to
the Entity List. Interested parties may
include references to this final rule, RIN
0694–AD99, in their public comments
submitted for RIN 0694–AD92, as
outlined in that proposed rule under the
Request for Comments section of the
preamble.
Since August 21, 2001, the Act has
been in lapse and the President, through
Executive Order 13222 of August 17,
2001 (3 CFR 2001 Comp. 783 (2002)), as
extended most recently by the Notice of
August 3, 2006 (71 FR 44551 (August 7,
2006)), has continued the EAR in effect
under the International Emergency
Economic Powers Act (50 U.S.C. 1701–
1706 (2000)) (‘‘IEEPA’’). BIS continues
to carry out the provisions of the Act,
as appropriate and to the extent
permitted by law, pursuant to Executive
Order 13222.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to nor be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
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et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves collections previously
approved by the OMB under control
numbers 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748.
Miscellaneous and recordkeeping
activities account for 12 minutes per
submission. Total burden hours
associated with the Paperwork
Reduction Act and Office and
Management and Budget control
number 0694–0088 are expected to
increase slightly as a result of this rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date, are inapplicable because this
regulation involves a military or foreign
affairs function of the United States.
(See 5 U.S.C. 553(a)(1)) Further, no
other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this rule. Because a notice of
proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule by 5
U.S.C. 553, or by any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et. seq., are not applicable.
List of Subjects in 15 CFR Part 736
Exports, foreign trade.
Accordingly, part 736 of the Export
Administration Regulations (15 CFR
part 736) is amended as follows:
I
PART 736—[AMENDED]
1. The authority citation for 15 CFR
part 736 continues to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 2151 (note),
Pub. L. 108–175; E.O. 12938, 59 FR 59099,
3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp. p. 219; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13338, 69 FR 26751, May
13, 2004; Notice of August 3, 2006, 71 FR
44551 (August 7, 2006); Notice of October 27,
2006, 71 FR 64109 (October 31, 2006).
2. General Order 3 to Supplement No.
1 to part 736, is revised to read as
follows:
I
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Supplement No. 1 to Part 736—General
Orders
*
*
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General Order No. 3 of June 5, 2006, as
amended on September 6, 2006 and June 8,
2007; Imposition of license requirement for
exports and reexports of items subject to the
EAR to persons, including persons affiliated
with or related to such persons, as designated
in paragraph (a) of this general order.
(a) License requirements. A license is
required to export or reexport any item
subject to the EAR to the persons listed in
paragraph (a) of this general order. This
license requirement also applies to
specifically listed affiliated and related
persons. This license requirement is effective
for each listed person on the date that person
was added to the general order, as specified
in paragraph (a).
(1) A license is required to export or
reexport any item subject to the EAR to these
persons as follows: A.H. Shamnad (added on
September 6, 2006); Akbar Ashraf Vaghefi
(added on September 6, 2006); Al-Faris
(added on June 8, 2007); Ali Akbar Yahya
(added on June 8, 2007); Amir Mohammad
Zahedi (added on June 8, 2007); Atlinx
Electronics (added on June 5, 2006); EKT
Electronics (added on June 8, 2007);
Encyclopedia Electronics Center (added on
June 8, 2007); Farrokh Nia Yaghmaei, a.k.a.,
Farrokh Nia Yaghmayi (added on June 5,
2006); Frank Lam (added on June 8, 2007);
GBNTT (added on June 8, 2007); H. Ghasir
(added on June 5, 2006); Hamed Athari
(added on September 6, 2006); IKCO Trading
GmbH (added on September 6, 2006); Majid
Seif (added on June 8, 2007); Majidco Micro
Electronics (added on June 5, 2006); Mayrow
General Trading (added on June 5, 2006);
Mayrow Technics Co. (added on September
6, 2006); Micatic General Trading (added on
June 5, 2006); Micro Middle East Electronics
(added on June 5, 2006); Mohammed Katranji
(added on June 8, 2007); Mostafa Salehi
(added on September 6, 2006); Narinco
(added on June 5, 2006); Neda Industrial
Group (added on June 8, 2007); Neda
Overseas Electronics L.L.C. (added on
September 6, 2006); Nedayeh Micron
Electronics (added on June 8, 2007); Pyramid
Technologies (added on September 6, 2006);
S. Basheer (added on September 6, 2006);
Sayed-Ali Hosseini (added on June 8, 2007);
Speedy Electronics Ltd. (added on June 8,
2007); United Sources Industrial Enterprises
(added on June 8, 2007); Vast Solution Sdn
Bhd. (added on June 8, 2007); and Y-Sing
Components Limited (added on June 8,
2007). This license requirement applies with
respect to any transaction in which any of the
above-named persons will act as purchaser,
intermediate consignee, ultimate consignee,
or end-user of the items.
(2) All persons described in paragraph (a)
are located in Dubai, United Arab Emirates,
except for Akbar Ashraf Vaghefi (located in
Germany and Dubai, United Arab Emirates);
EKT Electronics (located in Syria and
Lebanon); Encyclopedia Electronics Center
(located in Syria); Frank Lam (located in
Hong Kong); GBNTT (located in Iran); IKCO
Trading GmbH (located in Germany); Majid
Seif (located in Malaysia); Mohammed
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Katranji (located in Syria and Lebanon); Neda
Industrial Group (located in Iran); Nedayeh
Micron Electronics (located in Iran); Speedy
Electronics Ltd. (located in Hong Kong);
United Sources Industrial Enterprises
(located in Hong Kong); Vast Solution Sdn
Bhd. (located in Malaysia); and Y-Sing
Components Limited (located in Hong Kong).
(b) License Exceptions. No License
Exceptions are available for exports or
reexports involving the persons described in
paragraph (a) of this General Order.
(c) Licensing Policy. License applications
involving the persons described in paragraph
(a) of the General Order will be subject to a
general policy of denial.
Dated: June 5, 2007.
Christopher A. Padilla,
Assistant Secretary for Export
Administration.
[FR Doc. E7–11126 Filed 6–7–07; 8:45 am]
the authority established in 19 U.S.C.
58c(b)(9)(B)(i), this document raises the
existing $0.66 fee assessed on
individual air waybills or bills of lading
to $1.00 to more equitably align it with
the actual costs incurred by CBP in
processing these items.
EFFECTIVE DATE: July 9, 2007.
FOR FURTHER INFORMATION CONTACT:
Michael L. Jackson, Office of Field
Operations, Cargo Control, Tel.: (202)
344–1196.
SUPPLEMENTARY INFORMATION:
Background
On July 28, 2006, CBP published in
the Federal Register (71 FR 42778) a
proposal to reflect the changes to the
customs user fee statute made by section
337 of the Trade Act of 2002 and section
2004(f) of the Miscellaneous Trade and
Technical Corrections Act of 2004, as
well as to raise the existing $0.66 fee
assessed on individual air waybills or
bills of lading to $1.00.
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Customs and Border Protection
Statutory Changes Made by Section
337(a) of the Trade Act of 2002
DEPARTMENT OF THE TREASURY
On August 6, 2002, the President
signed into law the Trade Act of 2002,
Public Law 107–210, 116 Stat. 933.
Section 337(a) of the Trade Act of 2002
amended section 13031(b)(9) of the
Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C.
58c(b)(9)) by adding new requirements
for the payment of user fees for customs
services provided by CBP to express
consignment carrier facilities and
centralized hub facilities in connection
with imported letters, documents,
shipments or other merchandise to
which informal entry procedures apply.
The statutory amendments made by
section 337 replaced the annual lump
sum payment procedure with a
quarterly payment procedure based on a
specific fee for each individual air
waybill or bill of lading. In addition,
section 337(a) amended 19 U.S.C.
58c(b)(9)(B)(i) to authorize the Secretary
of the Treasury to adjust the $0.66 fee
prescribed in 19 U.S.C. 58c(b)(9)(A)(ii)
to an amount that is not less than $0.35
and not more than $1.00 per individual
air waybill or bill of lading.
19 CFR Parts 24, 113, and 128
[CBP Dec. 07–29; USCBP–2006–0015]
RIN 1505–AB39
Fees for Customs Processing at
Express Consignment Carrier Facilities
U.S. Customs and Border
Protection, Department of Homeland
Security; Department of the Treasury.
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCIES:
SUMMARY: This document amends title
19 of the Code of Federal Regulations
(19 CFR) to reflect changes to the
customs user fee statute made by section
337 of the Trade Act of 2002 and section
2004(f) of the Miscellaneous Trade and
Technical Corrections Act of 2004. The
statutory amendments made by section
337 concern the fees payable for
customs services provided in
connection with the informal entry or
release of shipments at express
consignment carrier facilities and
centralized hub facilities, and primarily
serve to replace the annual lump sum
payment procedure with a quarterly
payment procedure based on a specific
fee for each individual air waybill or bill
of lading. Section 2004(f) amended the
user fee statute by authorizing the
assessment of both the merchandise
processing fee and a reimbursable fee
assessed on each air waybill or bill of
lading for merchandise that is formally
entered at these sites and valued at
$2,000 or less. In addition, pursuant to
VerDate Aug<31>2005
17:48 Jun 07, 2007
Jkt 211001
Statutory Changes Made by Section
2004(f) of the Miscellaneous Trade and
Technical Corrections Act of 2004
The Miscellaneous Trade and
Technical Corrections Act of 2004
(‘‘Trade Act of 2004’’) was signed into
law by the President on December 3,
2004 (Pub. L. 108–429, 18 Stat. 2593).
Section 2004(f) of the Trade Act of 2004
made further amendments to section
13031(b)(9) of the Consolidated
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
31719
Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(b)(9)) and
authorized the assessment of
merchandise processing fees provided
for in 19 U.S.C. 58c(a)(9), as well as the
fees that are currently assessed on
individual air waybills or bills of lading,
for merchandise that is formally entered
at express consignment carrier facilities
and centralized hub facilities and
valued at $2,000 or less.
Notice of Proposed Rulemaking
In the Notice of Proposed Rulemaking
published in the Federal Register (71
FR 42778) on July 28, 2006, CBP
proposed amendments to its regulations
to conform to the statutory changes
described above. In addition, pursuant
to the authority established in 19 U.S.C.
58c(b)(9)(B)(i), that document set forth a
proposed adjustment by the Secretary of
the Treasury to increase the $0.66
reimbursable fee prescribed by 19 U.S.C.
58c(b)(9)(A)(ii) and payable to CBP by
express consignment carrier facilities
and centralized carrier facilities to
$1.00. The fee increase is necessary to
adequately reimburse CBP for the actual
costs incurred by the agency in
processing individual air waybills and
bills of lading at these sites. The only
mechanism for reimbursing CBP for
these relocation expenses is through the
established fee, which does not
sufficiently cover CBP’s regular
expenses at these sites.
CBP solicited comments on these
proposals.
Discussion of Comments
Five commenters responded to the
solicitation of public comment in the
proposed rule. A description of the
comments received, together with CBP’s
analyses, is set forth below.
Comment: Four commenters
expressed the view that proposed
§ 24.23(b)(1)(i)(A), which states, in part,
that ‘‘merchandise that is formally
entered is subject to a $1.00 per
individual air waybill or bill of lading
fee * * *’’ does not accurately reflect
section 2004(f) of the Miscellaneous
Trade and Technical Corrections Act of
2004. The commenters uniformly
interpret section 2004(f) as authorizing
the assessment of both the merchandise
processing fee (MPF) and a reimbursable
fee for each air waybill or bill of lading
only for formal entries valued at $2,000
or less.
CBP’s Response: CBP agrees. The final
rule will clarify that only those formal
entries valued at $2,000 or less are
subject to both the merchandise
processing fee and the reimbursable fee
assessed per individual air waybill or
bill of lading.
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 72, Number 110 (Friday, June 8, 2007)]
[Rules and Regulations]
[Pages 31716-31719]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11126]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 736
[Docket No. 070523152-7153-01]
RIN 0694-AD99
Amendment to General Order No. 3: Expansion of the General Order
and Addition of Certain Persons
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security is revising the Export
Administration Regulations (EAR) by amending a general order published
in the Federal Register on June 5, 2006 and later amended on September
6, 2006 to add nine additional persons. The general order imposed a
license requirement for exports and reexports of all items subject to
the EAR where the transaction involved Mayrow General Trading
(``Mayrow'') or entities related, as specified in that general order.
The order also prohibited the use of License Exceptions for exports or
reexports of any items subject to the EAR involving such entities.
This rule will expand the general order and add sixteen additional
persons to it. Pursuant to the expansion, the general order will cover:
(i) Persons regarding whom the U.S. Government possesses information of
affiliation or relationship to Mayrow; and (ii) other persons regarding
whom the U.S. Government possesses information concerning the
acquisition or attempted acquisition of commodities capable of being
used to construct IEDs, as well as persons who are related to or
affiliated with such persons. The order will apply to persons
specifically listed who fit within either of these two groups. To
reflect this expansion, this rule will update the heading of the
general order to use the term ``persons''.
In total, pursuant to this expansion, this rule will add the
following sixteen persons to the general order, listed in alphabetical
order: Al-Faris; Ali Akbar Yahya; Amir Mohammad Zahedi; EKT
Electronics; Encyclopedia Electronics Center; Frank Lam; GBNTT; Majid
Seif; Mohammed Katranji; Neda Industrial Group; Nedayeh Micron
Electronics; Sayed-Ali Hosseini; Speedy Electronics Ltd.; United
Sources Industrial Enterprises; Vast Solution Sdn Bhd.; and Y-Sing
Components Limited.
EFFECTIVE DATE: This rule is effective June 8, 2007. Although there is
no formal comment period, public
[[Page 31717]]
comments on this regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AD99, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AD99'' in
the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230,
Attn: RIN 0694-AD99.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to David
Rostker, Office of Management and Budget (OMB), by e-mail to David--
Rostker@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e. RIN 0694-AD99)--all comments on the latter
should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: John Sonderman, Assistant Director for
Operations, Office of Export Enforcement, Bureau of Industry and
Security, Department of Commerce, P.O. Box 273, Washington, DC 20044;
Phone: (202) 482-1208, x 3; E-mail: rpd2@bis.doc.gov; Fax: (202) 482-
0964.
SUPPLEMENTARY INFORMATION:
Background
Expansion of the General Order
Pursuant to 15 CFR parts 736 and 744 (2006), General Order No. 3,
which was published on June 5, 2006 and subsequently amended on
September 6, 2006, imposed a license requirement for exports and
reexports of all items subject to the EAR (15 CFR parts 730-774) where
the transaction involved Mayrow or related entities.
Prior to this rule, the general order listed persons who were
related to Mayrow and concerning whom the U.S. Government possessed
information regarding the acquisition or attempted acquisition by them
of electronic components and devices (``commodities'') capable of being
used in the construction of Improvised Explosive Devices (``IEDs'').
These commodities have been, and may continue to be, employed in IEDs
or other explosive devices used against Coalition Forces in Iraq and
Afghanistan.
In light of additional information that the U.S. Government has
received regarding continuing activity relating to commodities that are
capable of use in the construction of IEDs, as well as a broader
concern relating to the risk of diversion of commodities for such a
purpose, this rule will expand the scope of the general order.
First, the general order will cover persons whom the U.S.
Government, including the U.S. Department of Commerce, has reason to
believe, based on specific and articulable facts, are affiliated with
or related to Mayrow. Inclusion of such persons will guard against the
risk that persons may attempt to evade the general order's bar on
unlicensed exports or reexports to Mayrow by diverting commodities to
Mayrow or to persons who are affiliated with or related to Mayrow. The
general order will cover such persons by specifically listing them.
Second, the general order will cover persons whom the U.S.
Government, including the U.S. Department of Commerce, has reason to
believe, based on specific and articulable facts, have acquired or
attempted to acquire commodities that are capable of being used in the
construction of IEDs. These commodities have been, and may continue to
be, employed in IEDs or other explosive devices used against Coalition
Forces in Iraq and Afghanistan. The general order will cover such
persons by specifically listing them. To guard against the risk of
diversion of such commodities for IED-related purposes, the order will
also specifically list the persons who are affiliated with or related
to such persons.
To reflect this expansion, this rule will update the heading of the
general order. This rule will use the term ``persons,'' as defined in
15 CFR 772.1, rather than ``entities,'' as the term ``persons'' covers
individuals, organizations and entities. Pursuant to this rule, the
general order will list alphabetically all of the persons subject to
the order. For each person, the order will indicate the date on which
the person was added to the order. All of the persons will be listed in
paragraph (a). All of the persons listed will be subject to the same
license requirements and limitations on the use of license exceptions.
License applications involving these persons will be subject to a
general policy of denial.
Addition of Certain Persons
Specifically, pursuant to the expansion described above, this rule
adds sixteen additional persons, listed in alphabetical order, to
General Order No. 3 as follows:
Al-Faris, RAK Free Zone, P.O. Box 10559, Ras Al Khaimah, U.A.E.;
Ali Akbar Yahya, 505 Siraj Building 17B Street, Mankhool, Dubai,
U.A.E.;
Amir Mohammad Zahedi, RAK Free Zone, P.O. Box 10559, Ras Al
Khaimah, U.A.E.;
EKT Electronics, 1st floor, Abbasieh Building, Hijaz Street, P.O.
Box 10112, Damascus, Syria; and 1st floor, Hujij Building, Korniche
Street, P.O. Box 817 No. 3, Beirut, Lebanon;
Encyclopedia Electronics Center, Musalam Al-Baroudi Street,
Halbouni, Damascus, Syria;
Frank Lam, 1206-7, 12/F New Victory House, Hong Kong;
GBNTT, No. 34 Mansour Street, Tehran, Iran;
Majid Seif, 27-06 Amcorp Building, Jalan 18, Persiaran Barat 46050
Petaling Jaya, Selangor, Malaysia;
Mohammed Katranji, 1st floor, Abbasieh Building, Hijaz Street, P.O.
Box 10112, Damascus, Syria; and 1st floor, Hujij Building, Korniche
Street, P.O. Box 817 No. 3, Beirut, Lebanon;
Neda Industrial Group, No. 10 and 12, 64th St. Jamalodin Asadabadi
Avenue, Tehran, Iran;
Nedayeh Micron Electronics, No. 34 Mansour St., Tehran, Iran;
Sayed-Ali Hosseini, 201 Latifah Building, Al Maktoum St., Dubai,
U.A.E.;
Speedy Electronics Ltd., 1206-7, 12/F New Victory House, Hong Kong;
United Sources Industrial Enterprises, 11/F, Excelsior Building,
68-76 Sha Tsui Road, Hong Kong;
Vast Solution Sdn Bhd., 27-06 Amcorp Building, Jalan 18, Persiaran
Barat, 46050 Petaling Jaya, Selangor, Malaysia; and
Y-Sing Components Limited, Unit 401, Harbour Ctr., Tower 2, 8 Hok
Cheung Street, Hung Hom, Kowloon, Hong Kong.
Under this order, a BIS license is required for the export or
reexport of any item subject to the EAR to any of the above-named
persons, including any transaction in which any of the above-named
persons will act as purchaser, intermediate consignee, ultimate
consignee, or end-user of the items. This order also prohibits the use
of License Exceptions (see part 740 of the EAR) for exports and
reexports of items subject to the EAR involving such persons.
Consistent with section 6 of the Export Administration Act of 1979,
as
[[Page 31718]]
amended (50 U.S.C. app. 2401-2420) (2000) (the ``Act''), a foreign
policy report was submitted to Congress on June 6, 2007, notifying
Congress of the expansion of the general order and the imposition of a
control in the form of a licensing requirement for exports and
reexports of all items subject to the EAR destined to the persons
listed in the order. The report also notified Congress that sixteen
additional persons are added to General Order No. 3 with this final
rule.
On June 5, 2007, BIS published a proposed rule in the Federal
Register titled, ``Authorization to Impose License Requirements for
Exports or Reexports to Entities Contrary to the National Security or
Foreign Policy Interests of the United States''. RIN 0694-AD92. That
proposed rule, among other proposed changes related to the Entity List
(Supplement No. 4 to Part 744 of the EAR), would create a new Sec.
744.11 to authorize BIS to add to the Entity List entities that BIS has
reasonable cause to believe, based on specific and articulable facts,
have been, are or pose a risk of being involved in activities that are
contrary to the national security or foreign policy interests of the
United States or those acting on behalf of such entities. If that rule
is published as a final rule, it may provide a basis for adding persons
such as those listed in this expanded General Order No. 3 to the Entity
List. Interested parties may include references to this final rule, RIN
0694-AD99, in their public comments submitted for RIN 0694-AD92, as
outlined in that proposed rule under the Request for Comments section
of the preamble.
Since August 21, 2001, the Act has been in lapse and the President,
through Executive Order 13222 of August 17, 2001 (3 CFR 2001 Comp. 783
(2002)), as extended most recently by the Notice of August 3, 2006 (71
FR 44551 (August 7, 2006)), has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706
(2000)) (``IEEPA''). BIS continues to carry out the provisions of the
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
expected to increase slightly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military or foreign affairs function
of the United States. (See 5 U.S.C. 553(a)(1)) Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule. Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule by 5 U.S.C. 553, or by any other law, the
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601
et. seq., are not applicable.
List of Subjects in 15 CFR Part 736
Exports, foreign trade.
0
Accordingly, part 736 of the Export Administration Regulations (15 CFR
part 736) is amended as follows:
PART 736--[AMENDED]
0
1. The authority citation for 15 CFR part 736 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 2151 (note), Pub. L. 108-175; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp.
p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, May 13, 2004; Notice of August 3, 2006, 71 FR 44551 (August
7, 2006); Notice of October 27, 2006, 71 FR 64109 (October 31,
2006).
0
2. General Order 3 to Supplement No. 1 to part 736, is revised to read
as follows:
Supplement No. 1 to Part 736--General Orders
* * * * *
General Order No. 3 of June 5, 2006, as amended on September 6,
2006 and June 8, 2007; Imposition of license requirement for exports
and reexports of items subject to the EAR to persons, including
persons affiliated with or related to such persons, as designated in
paragraph (a) of this general order.
(a) License requirements. A license is required to export or
reexport any item subject to the EAR to the persons listed in
paragraph (a) of this general order. This license requirement also
applies to specifically listed affiliated and related persons. This
license requirement is effective for each listed person on the date
that person was added to the general order, as specified in
paragraph (a).
(1) A license is required to export or reexport any item subject
to the EAR to these persons as follows: A.H. Shamnad (added on
September 6, 2006); Akbar Ashraf Vaghefi (added on September 6,
2006); Al-Faris (added on June 8, 2007); Ali Akbar Yahya (added on
June 8, 2007); Amir Mohammad Zahedi (added on June 8, 2007); Atlinx
Electronics (added on June 5, 2006); EKT Electronics (added on June
8, 2007); Encyclopedia Electronics Center (added on June 8, 2007);
Farrokh Nia Yaghmaei, a.k.a., Farrokh Nia Yaghmayi (added on June 5,
2006); Frank Lam (added on June 8, 2007); GBNTT (added on June 8,
2007); H. Ghasir (added on June 5, 2006); Hamed Athari (added on
September 6, 2006); IKCO Trading GmbH (added on September 6, 2006);
Majid Seif (added on June 8, 2007); Majidco Micro Electronics (added
on June 5, 2006); Mayrow General Trading (added on June 5, 2006);
Mayrow Technics Co. (added on September 6, 2006); Micatic General
Trading (added on June 5, 2006); Micro Middle East Electronics
(added on June 5, 2006); Mohammed Katranji (added on June 8, 2007);
Mostafa Salehi (added on September 6, 2006); Narinco (added on June
5, 2006); Neda Industrial Group (added on June 8, 2007); Neda
Overseas Electronics L.L.C. (added on September 6, 2006); Nedayeh
Micron Electronics (added on June 8, 2007); Pyramid Technologies
(added on September 6, 2006); S. Basheer (added on September 6,
2006); Sayed-Ali Hosseini (added on June 8, 2007); Speedy
Electronics Ltd. (added on June 8, 2007); United Sources Industrial
Enterprises (added on June 8, 2007); Vast Solution Sdn Bhd. (added
on June 8, 2007); and Y-Sing Components Limited (added on June 8,
2007). This license requirement applies with respect to any
transaction in which any of the above-named persons will act as
purchaser, intermediate consignee, ultimate consignee, or end-user
of the items.
(2) All persons described in paragraph (a) are located in Dubai,
United Arab Emirates, except for Akbar Ashraf Vaghefi (located in
Germany and Dubai, United Arab Emirates); EKT Electronics (located
in Syria and Lebanon); Encyclopedia Electronics Center (located in
Syria); Frank Lam (located in Hong Kong); GBNTT (located in Iran);
IKCO Trading GmbH (located in Germany); Majid Seif (located in
Malaysia); Mohammed
[[Page 31719]]
Katranji (located in Syria and Lebanon); Neda Industrial Group
(located in Iran); Nedayeh Micron Electronics (located in Iran);
Speedy Electronics Ltd. (located in Hong Kong); United Sources
Industrial Enterprises (located in Hong Kong); Vast Solution Sdn
Bhd. (located in Malaysia); and Y-Sing Components Limited (located
in Hong Kong).
(b) License Exceptions. No License Exceptions are available for
exports or reexports involving the persons described in paragraph
(a) of this General Order.
(c) Licensing Policy. License applications involving the persons
described in paragraph (a) of the General Order will be subject to a
general policy of denial.
Dated: June 5, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-11126 Filed 6-7-07; 8:45 am]
BILLING CODE 3510-33-P
