Addition of Certain Persons to the Entity List: Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States, 73999-74003 [E8-28872]
Download as PDF
<![CDATA[
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Rules and Regulations
airplanes as modified by L2 Consulting
Services. It is not a rule of general
applicability and affects only the
applicant which applied to the FAA for
approval of these features on the
airplane.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
PART 25—[AMENDED]
The authority citation for these
special conditions is as follows:
■
dwashington3 on PROD1PC60 with RULES
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the
supplemental type certificate for the
Airbus A318, A319, A320 and A321
series airplanes, modified by L2
Consulting Services.
Lithium batteries and battery
installations on Airbus A318, A319,
A320, and A321 series airplanes must
be designed and installed as follows:
1. Safe cell temperatures and
pressures must be maintained during
any foreseeable charging or discharging
condition and during any failure of the
charging or battery monitoring system
not shown to be extremely remote. The
lithium battery installation must
preclude explosion in the event of those
failures.
2. Design of the lithium batteries must
preclude the occurrence of selfsustaining, uncontrolled increases in
temperature or pressure.
3. No explosive or toxic gases emitted
by any lithium battery in normal
operation or as the result of any failure
of the battery charging system,
monitoring system, or battery
installation which is not shown to be
extremely remote may accumulate in
hazardous quantities within the
airplane.
4. Installations of lithium batteries
must meet the requirements of
§ 25.863(a) through (d).
5. No corrosive fluids or gases that
may escape from any lithium battery
may damage surrounding structure or
any adjacent systems, equipment, or
electrical wiring of the airplane in such
a way as to cause a major or more severe
failure condition, in accordance with
§ 25.1309(b) and applicable regulatory
guidance.
6. Each lithium battery installation
must have provisions to prevent any
hazardous effect on structure or
essential systems caused by the
VerDate Aug<31>2005
14:57 Dec 04, 2008
Jkt 217001
maximum amount of heat the battery
can generate during a short circuit of the
battery or of its individual cells.
7. Lithium battery installations must
have a system to control the charging
rate of the battery automatically, so as
to prevent battery overheating or
overcharging, and,
(a) A battery temperature sensing and
over-temperature warning system with a
means for automatically disconnecting
the battery from its charging source in
the event of an over-temperature
condition, or
(b) A battery failure sensing and
warning system with a means for
automatically disconnecting the battery
from its charging source in the event of
battery failure.
8. Any lithium battery installation
whose function is required for safe
operation of the airplane must
incorporate a monitoring and warning
feature that will provide an indication
to the appropriate flight crewmembers
whenever the state-of-charge of the
batteries has fallen below levels
considered acceptable for dispatch of
the airplane.
9. The Instructions for Continued
Airworthiness required by § 25.1529
must contain maintenance requirements
to assure that the lithium battery is
sufficiently charged at appropriate
intervals specified by the battery
manufacturer to ensure that batteries
whose function is required for safe
operation of the airplane will not
degrade below specified ampere-hour
levels sufficient to power the electronic
flight bag applications that are required
for continued safe flight and landing.
The Instructions for Continued
Airworthiness must also contain
procedures for the maintenance of
lithium batteries in spare storage to
prevent the replacement of batteries
whose function is required for safe
operation of the airplane with batteries
that have experienced degraded charge
retention ability or other damage due to
prolonged storage at a low state of
charge. Precautions should be included
in the Instructions for Continued
Airworthiness maintenance instructions
to prevent mishandling of the lithium
battery which could result in shortcircuit or other unintentional damage
that could result in personal injury or
property damage.
Note 1: The term ‘‘sufficiently charged’’
means that the battery will retain enough of
a charge, expressed in ampere-hours, to
ensure that the battery cells will not be
damaged. A battery cell may be damaged by
lowering the charge below a point where
there is a reduction in the ability to charge
and retain a full charge. This reduction
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
73999
would be greater than the reduction that may
result from normal operational degradation.
Note 2: These special conditions are not
intended to replace § 25.1353(c), Amendment
25–113 in the certification basis of the L2
Consulting Services supplemental type
certificate. These special conditions apply
only to lithium batteries and their
installations. The requirements of
§ 25.1353(c), Amendment 25–113 remain in
effect for batteries and battery installations
on the L2 Consulting Services supplemental
type certificate that do not use lithium
batteries.
Compliance with the requirements of
these special conditions must be shown
by test or analysis, with the concurrence
of the Fort Worth Special Certification
Office.
Issued in Renton, Washington, on
November 28, 2008.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. E8–28876 Filed 12–4–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 0809191235–81395–01]
RIN 0694–AE48
Addition of Certain Persons to the
Entity List: Persons Acting Contrary to
the National Security or Foreign Policy
Interests of the United States
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: This rule amends the Export
Administration Regulations (EAR) by
adding additional persons to the Entity
List (Supplement No. 4 to Part 744) on
the basis of Section 744.11 of the EAR.
This rule is the second rule to add
persons to the Entity List on the basis
of Section 744.11 of the EAR. These
additional persons being added to the
Entity List have been determined by the
U.S. Government to be acting contrary
to the national security or foreign policy
interests of the United States. The first
rule that added persons to the Entity
List on the basis of Section 744.11 of the
EAR was published on September 22,
2008 (73 FR 54499).
The Entity List provides notice to the
public that certain exports and reexports
to parties identified on the Entity List
require a license from the Bureau of
Industry and Security (BIS) and that
E:\FR\FM\05DER1.SGM
05DER1
74000
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Rules and Regulations
availability of License Exceptions in
such transactions is limited.
DATES: Effective Date: This rule is
effective December 5, 2008. Although
there is no formal comment period,
public comments on this regulation are
welcome on a continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AE48, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov
Include ‘‘RIN 0694–AE48’’ 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–AE48.
Send comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, to Jasmeet K.
Seehra, Office of Management and
Budget (OMB), by e-mail to
Jseehra@omb.eop.gov, or by fax to (202)
395–7285; and to the Regulatory Policy
Division, Bureau of Industry and
Security, Department of Commerce,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230.
Comments on this collection of
information should be submitted
separately from comments on the final
rule (i.e. RIN 0694–AE48)—all
comments on the latter should be
submitted by one of the three methods
outlined above.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, End-User Review
Committee, Office of the Assistant
Secretary, Export Administration,
Bureau of Industry and Security,
Department of Commerce, Phone: (202)
482–3811, Fax: (202) 482–3911, E-mail:
kniesv@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
dwashington3 on PROD1PC60 with RULES
Background
In Supplement No. 4 to part 744 (The
Entity List), this rule adds fifteen (15)
persons to the Entity List on the basis
of Section 744.11 of the EAR. In total,
this rule adds 16 new entries to the
Entity List, including one additional
entry for a newly added person with
multiple addresses. The Entity List
provides notice to the public that
certain exports and reexports to parties
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that availability of
VerDate Aug<31>2005
14:57 Dec 04, 2008
Jkt 217001
License Exceptions in such transactions
is limited.
These additional persons being added
to the Entity List have been determined
by the U.S. Government to be acting
contrary to the national security or
foreign policy interests of the United
States. Specifically, these parties are of
concern to the United States
Government under Section 744.11
(License Requirements that Apply to
Entities Acting Contrary to the National
Security or Foreign Policy Interests of
the United States) of the EAR.
ERC Entity List Decisions
Pursuant to Supplement No. 5 to Part
744 (Procedures for End-User Review
Committee Entity List Decisions), the
End-User Review Committee (ERC)
made the decision to add these 15
persons to the Entity List on the basis
of Section 744.11. The ERC, composed
of representatives of the Departments of
Commerce, State, Defense, Energy and,
where appropriate, the Treasury, makes
all decisions to make additions to,
removals from or changes to the Entity
List. The ERC is chaired by the
Department of Commerce and will make
all decisions to add an entry to the
Entity List by majority vote and all
decisions to remove or modify an entry
by unanimous vote.
The ERC reviewed Section 744.11(b)
(Criteria for Revising the Entity List) in
making this determination to add these
persons to the Entity List. Under that
paragraph, entities for which there is
reasonable cause to believe, based on
specific and articulable facts, that the
entity has been involved, is involved, or
poses a significant risk of being or
becoming involved in activities that are
contrary to the national security or
foreign policy interests of the United
States and those acting on behalf of such
entities may be added to the Entity List
pursuant to Section 744.11.
Paragraph (b) includes an illustrative
list of activities that could be contrary
to the national security or foreign policy
interests of the United States. This
illustrative list of activities of concern is
described under paragraphs (b)(1)–
(b)(5). The persons being added to the
Entity List with this rule have been
determined by the ERC to be involved
in activities that could be contrary to the
national security or foreign policy
interests of the United States.
Implementation of the ERC Decision
This rule implements the decision of
the ERC to add these 15 persons to the
Entity List on the basis of Section
744.11 of the EAR. For all of the persons
being added to the Entity List, the ERC
decided to specify a license requirement
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
for all items subject to the EAR and
establish a license application review
policy of a general policy of denial. A
license requirement applies to any
transaction in which items are to be
exported or reexported to such persons
or in which such persons act as
purchaser, intermediate consignee,
ultimate consignee, or end-user. In
addition, the ERC decided that no
license exceptions are available for
shipments to those persons being added
to the Entity List.
Specifically, this rule adds the
following 15 persons/16 entries to the
Entity List:
Iran
(1) Amir Hosein Atabaki, 5 Yaas St,
Unit 4, Tehran, Iran;
(2) H. Farahani, Ground Floor—No.
31, Alborz Alley, EnghelabSt, Tehran,
Iran;
(3) Mahdi Electronics, Ground Floor—
No. 31 Alborz Alley, EnghelabSt,
Tehran, Iran;
(4) Naser Golshekan, Ground Floor—
No. 31, Alborz Alley, EnghelabSt,
Tehran, Iran;
(5) Pakgostar Company, Appt 501 &
502, Borje Sefid Bldg, Pasadaran
Avenue, Tehran 1946963651, Iran;
(6) Raht Aseman, No. 1.2, Mosque
Alley, Mohammadi St, North Bahar Ave,
Tehran, Iran;
(7) Reza Zahedipour, 5 Yaas St, Unit
4, Tehran, Iran;
(8) Safir Electronics, Ground Floor—
No. 31 Alborz Alley, EnghelabSt.
Tehran, Iran; and
(9) Sahab Phase, 5 Yaas St, Unit 4
Tehran, Iran.
Singapore
(10) Brian Douglas Woodford, 1 Scotts
Road, Suite 25–06 Shaw Centre,
Singapore 228208 (See alternate listing
under the United Kingdom);
(11) Gryphon Aerospace, 36 Lorong N
Telok Kurau Unit #03–03, Singapore
425160;
(12) Monarch Aviation, 1 Scotts Road,
Suite 25–06 Shaw Centre, Singapore
228208; and
(13) Yip Kum Kuan, 36 Lorong N
Telok Kurau, Unit #03–03, Singapore
425160.
United Kingdom
(14) Brian Douglas Woodford, (See
alternate address under Singapore);
(15) Farshid Gillardian, a.k.a., Isaac
Gill, Isaac Gillardian, London, United
Kingdom; and
(16) MCES, London, United Kingdom.
Under these entries on the Entity List,
a BIS license is required for the export
or reexport of any item subject to the
EAR to any of the persons listed above,
E:\FR\FM\05DER1.SGM
05DER1
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Rules and Regulations
including any transaction in which any
of the listed persons will act as
purchaser, intermediate consignee,
ultimate consignee, or end-user of the
items. This listing of these persons 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.
Technical Corrections and Clarifications
to Previously Listed Entities
This rule makes two technical
corrections, to correct two inadvertent
misspellings of Kuala Lumpur that were
included in two Malaysian entities
added to the Entity List in the EAR final
rule published on September 22, 2008
(73 FR 54499). In addition, this rule
makes a clarification to one U.A.E.
entity added to the Entity List, in the
final rule published on September 22,
2008. This U.A.E. entity, Advanced
Technology General Trading Company,
is a co-located entity with addresses
listed under the U.A.E. and Kuwait.
However, the same Kuwaiti address was
listed under both the U.A.E. and
Kuwaiti entries for this entity. This rule
removes the Kuwaiti address from the
U.A.E. entry of this entity and provides
a cross reference to the alternate address
under Kuwait.
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export or reexport without a license
(NLR) as a result of this regulatory
action that were on dock for loading, on
lighter, laden aboard an exporting or
reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on
December 5, 2008, pursuant to actual
orders for export or reexport to a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export or reexport without a license
(NLR) so long as they are exported or
reexported before January 5, 2009. Any
such items not actually exported or
reexported before midnight, on January
74001
5, 2009, require a license in accordance
with this rule.
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the
Notice of July 23, 2008, 73 FR 43603
(July 23, 2008), has continued the
Export Administration Regulations in
effect under the International
Emergency Economic Powers Act.
(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.
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.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
■
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of July 23, 2008, 73 FR 43603
(July 25, 2008); Notice of November 10, 2008,
73 FR 67097 (November 12, 2008).
2. Supplement No. 4 to part 744 is
amended:
■ (a) By adding under Iran, in
alphabetical order, nine Iranian entities;
■ (b) By revising under Malaysia, two
Malaysian entities;
■ (c) By adding under Singapore, in
alphabetical order, four Singaporean
entities;
■ (d) By revising under United Arab
Emirates, one U.A.E. entity, and
■ (e) By adding, in alphabetical order,
the country of the United Kingdom and
three UK entities, to read as follows:
■
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
License requirement
License review policy
Federal Register
citation
*
*
*
*
Amir Hosein Atabaki, 5 Yaas St, Unit 4, For all items subject
Tehran, Iran.
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Country
dwashington3 on PROD1PC60 with RULES
*
Iran ..............................
VerDate Aug<31>2005
Entity
14:57 Dec 04, 2008
Jkt 217001
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
E:\FR\FM\05DER1.SGM
05DER1
74002
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Rules and Regulations
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
License requirement
License review policy
Federal Register
citation
*
*
*
*
*
H. Farahani, Ground Floor—No. 31, Alborz For all items subject
Alley, EnghelabSt, Tehran, Iran.
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
*
Mahdi Electronics, Ground Floor—No. 31 For all items subject
Alborz Alley, EnghelabSt, Tehran, Iran.
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
*
Naser Golshekan, Ground Floor—No. 31, For all items subject
Alborz Alley, EnghelabSt, Tehran, Iran.
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
*
Pakgostar Company, Appt 501 & 502, Borje For all items subject
Sefid Bldg, Pasadaran Avenue, Tehran
to the EAR. (See
1946963651, Iran.
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
*
Raht Aseman, No. 1.2, Mosque Alley, For all items subject
Mohammadi St, North Bahar Ave, Tehran,
to the EAR. (See
Iran.
§ 744.11 of the
EAR).
Reza Zahedipour, 5 Yaas St, Unit 4, Tehran, For all items subject
Iran.
to the EAR. (See
§ 744.11 of the
EAR).
Safir Electronics, Ground floor No. 31 Alborz For all items subject
Alley, EnghelabSt. Tehran, Iran.
to the EAR. (See
§ 744.11 of the
EAR).
Sahab Phase, 5 Yaas St, Unit 4 Tehran, Iran For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Presumption of denial
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Presumption of denial
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Presumption of denial
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
Analytical Solutions, #GB (Ground Floor), For all items subject
Pearl Tower, O.G. Heights, Jalan Awan
to the EAR. (See
Cina, 58200 Kuala Lumpur, Malaysia.
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR 54508 9/22/08.
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
Mohd Ansari, #GB (Ground Floor), Pearl For all items subject
Tower, O.G. Heights, Jalan Awan Cina,
to the EAR. (See
58200 Kuala Lumpur, Malaysia.
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR 54508 9/22/08.
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
Brian Douglas Woodford, 1 Scotts Road, For all items subject
Suite 25–06 Shaw Centre, Singapore
to the EAR. (See
228208 (See alternate address under the
§ 744.11 of the
United Kingdom).
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
*
*
*
Gryphon Aerospace, 36 Lorong N Telok For all items subject
Kurau Unit #03–03, Singapore 425160.
to the EAR. (See
§ 744.11 of the
EAR).
Monarch Aviation, 1 Scotts Road, Suite 25– For all items subject
06 Shaw Centre, Singapore 228208.
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Presumption of denial
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Country
*
Malaysia ......................
*
*
Singapore ....................
dwashington3 on PROD1PC60 with RULES
*
VerDate Aug<31>2005
Entity
14:57 Dec 04, 2008
Jkt 217001
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
E:\FR\FM\05DER1.SGM
05DER1
Federal Register / Vol. 73, No. 235 / Friday, December 5, 2008 / Rules and Regulations
74003
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued
License requirement
License review policy
Federal Register
citation
*
*
*
*
Yip Kum Kuan, 36 Lorong N Telok Kurau, For all items subject
Unit #03–03, Singapore 425160.
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
United Arab Emirates ..
*
*
*
*
Advanced Technology General Trading For all items subject
Company, U.A.E. (See alternate address
to the EAR. (See
under Kuwait).
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR 54509 9/22/08.
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
*
United Kingdom ...........
*
*
*
*
Brian Douglas Woodford (See alternate ad- For all items subject
dress under Singapore).
to the EAR. (See
§ 744.11 of the
EAR).
Farshid Gillardian, a.k.a., Isaac Gill, Isaac For all items subject
Gillardian, London, United Kingdom.
to the EAR. (See
§ 744.11 of the
EAR).
MCES, London, United Kingdom ................... For all items subject
to the EAR. (See
§ 744.11 of the
EAR).
*
Presumption of denial
*
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Presumption of denial
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Presumption of denial
73 FR [INSERT FR
PAGE NUMBER]
12/5/08.
Country
*
Entity
Dated: December 2, 2008.
Christopher R. Wall,
Assistant Secretary for Export
Administration.
[FR Doc. E8–28872 Filed 12–4–08; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
[Docket No. 0811251525–81526–01]
RIN 0648–AS36
Endangered Fish and Wildlife; Final
Rule To Implement Speed Restrictions
To Reduce the Threat of Ship
Collisions With North Atlantic Right
Whales
dwashington3 on PROD1PC60 with RULES
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; OMB approval of
collection-of-information requirements.
SUMMARY: NMFS announces approval by
the Office of Management and Budget
(OMB) of collection-of-information
requirements contained in regulations
implementing speed restrictions to
reduce the incidence and severity of
ship collisions with North Atlantic right
whales.
DATES: Effective December 9, 2008.
VerDate Aug<31>2005
14:57 Dec 04, 2008
Jkt 217001
ADDRESSES: Written comments
regarding burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
NMFS, Office of Protected Resources,
1315 East-West Highway, Silver Spring,
MD 20910.
FOR FURTHER INFORMATION CONTACT:
Gregory Silber, Ph.D., or Shannon
Bettridge, Ph.D., Fishery Biologists,
Office of Protected Resources, NMFS, at
(301) 713–2322.
SUPPLEMENTARY INFORMATION:
Electronic Access
This Federal Register document is
also accessible at the Web site of the
Office of the Federal Register: https://
www.gpoaccess.gov/fr/.
Background
On October 10, 2008, NMFS
published a final rule implementing
speed restrictions to reduce the
incidence and severity of ship collisions
with North Atlantic right whales (73 FR
60173). That final rule contained a
collection-of-information requirement
subject to the Paperwork Reduction Act
(PRA) that had not yet been approved by
OMB. Specifically, 50 CFR 224.105(c)
requires a logbook entry to document
that a deviation from the 10-knot speed
limit was necessary for safe
maneuverability under certain
conditions.
On October 30, 2008, OMB approved
the collection-of-information
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
requirements contained in the October
10, 2008, final rule. NMFS announces
that the collection-of-information
requirements are approved under
Control Number 0648–0580, with an
expiration date of April 30, 2009.
List of Subjects in 15 CFR Part 902
Reporting and recordkeeping
requirements.
Dated: December 1, 2008.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble,
15 CFR part 902 is amended as follows:
■
PART 902—NOAA INFORMATION
COLLECTION REQUIREMENTS UNDER
THE PAPERWORK REDUCTION ACT:
OMB CONTROL NUMBERS
1. The authority citation for part 902
continues to read as follows:
■
Authority: 44 U.S.C. 3501 et seq.
2. In § 902.1, the table in paragraph (b)
under ‘‘50 CFR’’ is amended by adding
a new entry in numerical order to read
as follows:
■
§ 902.1 OMB control numbers assigned
pursuant to the Paperwork Reduction Act.
*
E:\FR\FM\05DER1.SGM
*
*
05DER1
*
*
]]>Agencies
[Federal Register Volume 73, Number 235 (Friday, December 5, 2008)]
[Rules and Regulations]
[Pages 73999-74003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28872]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 0809191235-81395-01]
RIN 0694-AE48
Addition of Certain Persons to the Entity List: Persons Acting
Contrary to the National Security or Foreign Policy Interests of the
United States
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding additional persons to the Entity List (Supplement No. 4 to
Part 744) on the basis of Section 744.11 of the EAR. This rule is the
second rule to add persons to the Entity List on the basis of Section
744.11 of the EAR. These additional persons being added to the Entity
List have been determined by the U.S. Government to be acting contrary
to the national security or foreign policy interests of the United
States. The first rule that added persons to the Entity List on the
basis of Section 744.11 of the EAR was published on September 22, 2008
(73 FR 54499).
The Entity List provides notice to the public that certain exports
and reexports to parties identified on the Entity List require a
license from the Bureau of Industry and Security (BIS) and that
[[Page 74000]]
availability of License Exceptions in such transactions is limited.
DATES: Effective Date: This rule is effective December 5, 2008.
Although there is no formal comment period, public comments on this
regulation are welcome on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE48, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE48'' 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-AE48.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to
Jasmeet K. Seehra, Office of Management and Budget (OMB), by e-mail to
Jseehra@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington,
DC 20230. Comments on this collection of information should be
submitted separately from comments on the final rule (i.e. RIN 0694-
AE48)--all comments on the latter should be submitted by one of the
three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, End-User Review
Committee, Office of the Assistant Secretary, Export Administration,
Bureau of Industry and Security, Department of Commerce, Phone: (202)
482-3811, Fax: (202) 482-3911, E-mail: kniesv@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
In Supplement No. 4 to part 744 (The Entity List), this rule adds
fifteen (15) persons to the Entity List on the basis of Section 744.11
of the EAR. In total, this rule adds 16 new entries to the Entity List,
including one additional entry for a newly added person with multiple
addresses. The Entity List provides notice to the public that certain
exports and reexports to parties identified on the Entity List require
a license from the Bureau of Industry and Security (BIS) and that
availability of License Exceptions in such transactions is limited.
These additional persons being added to the Entity List have been
determined by the U.S. Government to be acting contrary to the national
security or foreign policy interests of the United States.
Specifically, these parties are of concern to the United States
Government under Section 744.11 (License Requirements that Apply to
Entities Acting Contrary to the National Security or Foreign Policy
Interests of the United States) of the EAR.
ERC Entity List Decisions
Pursuant to Supplement No. 5 to Part 744 (Procedures for End-User
Review Committee Entity List Decisions), the End-User Review Committee
(ERC) made the decision to add these 15 persons to the Entity List on
the basis of Section 744.11. The ERC, composed of representatives of
the Departments of Commerce, State, Defense, Energy and, where
appropriate, the Treasury, makes all decisions to make additions to,
removals from or changes to the Entity List. The ERC is chaired by the
Department of Commerce and will make all decisions to add an entry to
the Entity List by majority vote and all decisions to remove or modify
an entry by unanimous vote.
The ERC reviewed Section 744.11(b) (Criteria for Revising the
Entity List) in making this determination to add these persons to the
Entity List. Under that paragraph, entities for which there is
reasonable cause to believe, based on specific and articulable facts,
that the entity has been involved, is involved, or poses a significant
risk of being or becoming involved in activities that are contrary to
the national security or foreign policy interests of the United States
and those acting on behalf of such entities may be added to the Entity
List pursuant to Section 744.11.
Paragraph (b) includes an illustrative list of activities that
could be contrary to the national security or foreign policy interests
of the United States. This illustrative list of activities of concern
is described under paragraphs (b)(1)-(b)(5). The persons being added to
the Entity List with this rule have been determined by the ERC to be
involved in activities that could be contrary to the national security
or foreign policy interests of the United States.
Implementation of the ERC Decision
This rule implements the decision of the ERC to add these 15
persons to the Entity List on the basis of Section 744.11 of the EAR.
For all of the persons being added to the Entity List, the ERC decided
to specify a license requirement for all items subject to the EAR and
establish a license application review policy of a general policy of
denial. A license requirement applies to any transaction in which items
are to be exported or reexported to such persons or in which such
persons act as purchaser, intermediate consignee, ultimate consignee,
or end-user. In addition, the ERC decided that no license exceptions
are available for shipments to those persons being added to the Entity
List.
Specifically, this rule adds the following 15 persons/16 entries to
the Entity List:
Iran
(1) Amir Hosein Atabaki, 5 Yaas St, Unit 4, Tehran, Iran;
(2) H. Farahani, Ground Floor--No. 31, Alborz Alley, EnghelabSt,
Tehran, Iran;
(3) Mahdi Electronics, Ground Floor--No. 31 Alborz Alley,
EnghelabSt, Tehran, Iran;
(4) Naser Golshekan, Ground Floor--No. 31, Alborz Alley,
EnghelabSt, Tehran, Iran;
(5) Pakgostar Company, Appt 501 & 502, Borje Sefid Bldg, Pasadaran
Avenue, Tehran 1946963651, Iran;
(6) Raht Aseman, No. 1.2, Mosque Alley, Mohammadi St, North Bahar
Ave, Tehran, Iran;
(7) Reza Zahedipour, 5 Yaas St, Unit 4, Tehran, Iran;
(8) Safir Electronics, Ground Floor--No. 31 Alborz Alley,
EnghelabSt. Tehran, Iran; and
(9) Sahab Phase, 5 Yaas St, Unit 4 Tehran, Iran.
Singapore
(10) Brian Douglas Woodford, 1 Scotts Road, Suite 25-06 Shaw
Centre, Singapore 228208 (See alternate listing under the United
Kingdom);
(11) Gryphon Aerospace, 36 Lorong N Telok Kurau Unit 03-
03, Singapore 425160;
(12) Monarch Aviation, 1 Scotts Road, Suite 25-06 Shaw Centre,
Singapore 228208; and
(13) Yip Kum Kuan, 36 Lorong N Telok Kurau, Unit 03-03,
Singapore 425160.
United Kingdom
(14) Brian Douglas Woodford, (See alternate address under
Singapore);
(15) Farshid Gillardian, a.k.a., Isaac Gill, Isaac Gillardian,
London, United Kingdom; and
(16) MCES, London, United Kingdom.
Under these entries on the Entity List, a BIS license is required
for the export or reexport of any item subject to the EAR to any of the
persons listed above,
[[Page 74001]]
including any transaction in which any of the listed persons will act
as purchaser, intermediate consignee, ultimate consignee, or end-user
of the items. This listing of these persons 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.
Technical Corrections and Clarifications to Previously Listed Entities
This rule makes two technical corrections, to correct two
inadvertent misspellings of Kuala Lumpur that were included in two
Malaysian entities added to the Entity List in the EAR final rule
published on September 22, 2008 (73 FR 54499). In addition, this rule
makes a clarification to one U.A.E. entity added to the Entity List, in
the final rule published on September 22, 2008. This U.A.E. entity,
Advanced Technology General Trading Company, is a co-located entity
with addresses listed under the U.A.E. and Kuwait. However, the same
Kuwaiti address was listed under both the U.A.E. and Kuwaiti entries
for this entity. This rule removes the Kuwaiti address from the U.A.E.
entry of this entity and provides a cross reference to the alternate
address under Kuwait.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on December 5, 2008, pursuant
to actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before January 5, 2009. Any such
items not actually exported or reexported before midnight, on January
5, 2009, require a license in accordance with this rule.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of July 23, 2008,
73 FR 43603 (July 23, 2008), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.
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 744
Exports, Reporting and recordkeeping requirements, Terrorism.
0
Accordingly, part 744 of the Export Administration Regulations (15 CFR
parts 730-774) is amended as follows:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179;
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of July 23, 2008, 73 FR 43603 (July
25, 2008); Notice of November 10, 2008, 73 FR 67097 (November 12,
2008).
0
2. Supplement No. 4 to part 744 is amended:
0
(a) By adding under Iran, in alphabetical order, nine Iranian entities;
0
(b) By revising under Malaysia, two Malaysian entities;
0
(c) By adding under Singapore, in alphabetical order, four Singaporean
entities;
0
(d) By revising under United Arab Emirates, one U.A.E. entity, and
0
(e) By adding, in alphabetical order, the country of the United Kingdom
and three UK entities, to read as follows:
Supplement No. 4 to Part 744--Entity List
--------------------------------------------------------------------------------------------------------------------------------------------------------
Country Entity License requirement License review policy Federal Register citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Iran.............................. Amir Hosein Atabaki, 5 For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Yaas St, Unit 4, Tehran, EAR. (See Sec. 744.11 of the 12/5/08.
Iran. EAR).
[[Page 74002]]
* * * * * * *
H. Farahani, Ground Floor-- For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
No. 31, Alborz Alley, EAR. (See Sec. 744.11 of the 12/5/08.
EnghelabSt, Tehran, Iran. EAR).
* * * * * * *
Mahdi Electronics, Ground For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Floor--No. 31 Alborz EAR. (See Sec. 744.11 of the 12/5/08.
Alley, EnghelabSt, EAR).
Tehran, Iran.
* * * * * * *
Naser Golshekan, Ground For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Floor--No. 31, Alborz EAR. (See Sec. 744.11 of the 12/5/08.
Alley, EnghelabSt, EAR).
Tehran, Iran.
* * * * * * *
Pakgostar Company, Appt For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
501 & 502, Borje Sefid EAR. (See Sec. 744.11 of the 12/5/08.
Bldg, Pasadaran Avenue, EAR).
Tehran 1946963651, Iran.
* * * * * * *
Raht Aseman, No. 1.2, For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Mosque Alley, Mohammadi EAR. (See Sec. 744.11 of the 12/5/08.
St, North Bahar Ave, EAR).
Tehran, Iran.
Reza Zahedipour, 5 Yaas For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
St, Unit 4, Tehran, Iran. EAR. (See Sec. 744.11 of the 12/5/08.
EAR).
Safir Electronics, Ground For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
floor No. 31 Alborz EAR. (See Sec. 744.11 of the 12/5/08.
Alley, EnghelabSt. EAR).
Tehran, Iran.
Sahab Phase, 5 Yaas St, For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Unit 4 Tehran, Iran. EAR. (See Sec. 744.11 of the 12/5/08.
EAR).
* * * * * * *
Malaysia.......................... Analytical Solutions, For all items subject to the Presumption of denial 73 FR 54508 9/22/08.
GB (Ground EAR. (See Sec. 744.11 of the 73 FR [INSERT FR PAGE NUMBER]
Floor), Pearl Tower, O.G. EAR). 12/5/08.
Heights, Jalan Awan Cina,
58200 Kuala Lumpur,
Malaysia.
* * * * * * *
Mohd Ansari, GB For all items subject to the Presumption of denial 73 FR 54508 9/22/08.
(Ground Floor), Pearl EAR. (See Sec. 744.11 of the 73 FR [INSERT FR PAGE NUMBER]
Tower, O.G. Heights, EAR). 12/5/08.
Jalan Awan Cina, 58200
Kuala Lumpur, Malaysia.
* * * * * * *
Singapore......................... Brian Douglas Woodford, 1 For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Scotts Road, Suite 25-06 EAR. (See Sec. 744.11 of the 12/5/08.
Shaw Centre, Singapore EAR).
228208 (See alternate
address under the United
Kingdom).
* * * * * * *
Gryphon Aerospace, 36 For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Lorong N Telok Kurau Unit EAR. (See Sec. 744.11 of the 12/5/08.
03-03, Singapore EAR).
425160.
Monarch Aviation, 1 Scotts For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Road, Suite 25-06 Shaw EAR. (See Sec. 744.11 of the 12/5/08.
Centre, Singapore 228208. EAR).
[[Page 74003]]
* * * * * * *
Yip Kum Kuan, 36 Lorong N For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Telok Kurau, Unit 03-03, Singapore 425160. EAR).
* * * * * * *
United Arab Emirates.............. Advanced Technology For all items subject to the Presumption of denial 73 FR 54509 9/22/08.
General Trading Company, EAR. (See Sec. 744.11 of the 73 FR [INSERT FR PAGE NUMBER]
U.A.E. (See alternate EAR). 12/5/08.
address under Kuwait).
* * * * * * *
United Kingdom.................... Brian Douglas Woodford For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
(See alternate address EAR. (See Sec. 744.11 of the 12/5/08.
under Singapore). EAR).
Farshid Gillardian, For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
a.k.a., Isaac Gill, Isaac EAR. (See Sec. 744.11 of the 12/5/08.
Gillardian, London, EAR).
United Kingdom.
MCES, London, United For all items subject to the Presumption of denial 73 FR [INSERT FR PAGE NUMBER]
Kingdom. EAR. (See Sec. 744.11 of the 12/5/08.
EAR).
--------------------------------------------------------------------------------------------------------------------------------------------------------
Dated: December 2, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-28872 Filed 12-4-08; 8:45 am]
BILLING CODE 3510-33-P
