Removal and Modification of Certain Entries From the Entity List: Person Removed Based on Removal Request and Clarification of Certain Entries, 8182-8184 [E9-3918]
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8182
Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Rules and Regulations
mstockstill on PROD1PC66 with RULES
Vincentown, NJ, Red Lion, VOR–A, Amdt 6
Reno, NV, Reno/Tahoe Intl, LOC RWY 16R,
Amdt 7
Ogdensburg, NY, Ogdensburg Intl, LOC RWY
27, Amdt 3
Dayton, OH, Greene County-Lewis A Jackson
Rgnl, VOR–A, Orig
Salem, OR, McNary Fld, ILS OR LOC RWY
31, Amdt 29
Salem, OR, McNary Fld, LOC BC RWY 13,
Amdt 7
Salem, OR, McNary Fld, RNAV (GPS) RWY
31, Amdt 2
Salem, OR, McNary Fld, RNAV (GPS) Y RWY
31, Orig–A, CANCELLED
Mount Pocono, PA, Pocono Mountains Muni,
RNAV (GPS) RWY 5, Orig
Mount Pocono, PA, Pocono Mountains Muni,
RNAV (GPS) RWY 13, Amdt 1
Mount Pocono, PA, Pocono Mountains Muni,
RNAV (GPS) RWY 31, Orig
Pageland, SC, Pageland, Takeoff Minimums
and Obstacle DP, Orig
Dallas-Fort Worth, TX, Dallas-Fort Worth
Intl, ILS OR LOC RWY 17L, ILS RWY 17L
(CAT II), ILS RWY 17L (CAT III), Amdt 5A
Dallas-Fort Worth, TX, Dallas-Fort Worth
Intl, RNAV (GPS) RWY 17L, Amdt 3A
Dallas-Fort Worth, TX, Dallas-Fort Worth
Intl, RNAV (GPS) RWY 35R, Amdt 2A
Manitowoc, WI, Manitowoc County, RNAV
(GPS) RWY 17, Amdt 1
Manitowoc, WI, Manitowoc County, RNAV
(GPS) RWY 35, Amdt 1
Manitowoc, WI, Manitowoc County, Takeoff
Minimums and Obstacle DP, Amdt 4
Manitowoc, WI, Manitowoc County, VOR/
DME RWY 35, Amdt 1
Moundsville, WV, Marshall County, GPS
RWY 24, Orig, CANCELLED
Moundsville, WV, Marshall County, RNAV
(GPS) RWY 6, Orig
Moundsville, WV, Marshall County, RNAV
(GPS) RWY 24, Orig
Moundsville, WV, Marshall County, VOR/
DME–A, Amdt 2
Parkersburg, WV, Mid-Ohio Valley Regional,
RNAV (GPS) RWY 3, Amdt 1
Parkersburg, WV, Mid-Ohio Valley Regional,
RNAV (GPS) RWY 21, Amdt 1
Parkersburg, WV, Mid-Ohio Valley Regional,
RNAV (GPS) Y RWY 3, Orig, CANCELLED
Parkersburg, WV, Mid-Ohio Valley Regional,
RNAV (GPS) Y RWY 21, Orig,
CANCELLED
Parkersburg, WV, Mid-Ohio Valley Regional,
Takeoff Minimums and Obstacle DP, Amdt
2
Parkersburg, WV, Mid-Ohio Valley Regional,
VOR RWY 21, Amdt 17
Gillette, WY, Gillette-Campbell County,
Takeoff Minimums and Obstacle DP, Amdt
4
[FR Doc. E9–3048 Filed 2–23–09; 8:45 am]
BILLING CODE 4910–13–P
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16:27 Feb 23, 2009
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 0812241647–9151–01]
RIN 0694–AE51
Removal and Modification of Certain
Entries From the Entity List: Person
Removed Based on Removal Request
and Clarification of Certain Entries
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: This rule amends the Export
Administration Regulations (EAR) by
removing a person from the Entity List
(Supplement No. 4 to Part 744). This
person is being removed from the Entity
List because the End-User Review
Committee (ERC) decided to approve
this person’s request for removal from
the Entity List.
This rule also makes a clarification for
two persons that were listed on the
Entity List prior to this rule being
published to revise the addresses
provided for these listed persons. This
rule updates the address information for
these two persons by replacing incorrect
information.
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.
DATES: Effective Date: This rule is
effective February 24, 2009. 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–AE51, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov
Include ‘‘RIN 0694–AE51’’ 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–AE51.
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
PO 00000
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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–AE51)—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) of the EAR, this rule
removes one person from the Entity List
on the basis of § 744.16 (Procedure for
requesting removal or modification of
an Entity List Entity) of the EAR. In
addition, as a clarification, this rule
modifies the entries for two listed
persons. The modifications to existing
entries include revising the addresses
for two listed persons in Malaysia that
were listed on the Entity List prior to
this rule being published.
On August 21, 2008 (73 FR 49311),
BIS published a final rule that expanded
the Entity List by adding § 744.11
(License Requirements that Apply to
Entities Acting Contrary to the National
Security or Foreign Policy Interests of
the United States) to the EAR. Since the
publication of that August 2008 rule,
BIS has published two final rules that
added persons to the Entity List on the
basis of § 744.11 of the EAR. The first
rule that added persons to the Entity
List on the basis of § 744.11 of the EAR
was published on September 22, 2008
(73 FR 54499) and the second rule was
published on December 5, 2008 (73 FR
73999).
In addition to adding § 744.11, the
August 2008 rule added § 744.16 and
Supplement No. 5 to part 744 to the
EAR. Section 744.16 established a
formal procedure under the EAR
whereby persons listed on the Entity
List could submit to BIS in writing a
formal request for removal or
modification of their listing on the
Entity List. The procedures for
submitting these removal or
modification requests were outlined in
§ 744.16 and the review and decision
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Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Rules and Regulations
process for the requests was outlined in
Supplement No. 5 to part 744.
ERC Entity List Decisions
The ERC, composed of representatives
of the Departments of Commerce, State,
Defense, Energy and, where appropriate,
the Treasury, makes all decisions
regarding additions to, removals from or
changes to the Entity List. The ERC is
chaired by the Department of Commerce
and makes 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. As noted in
the preamble of the August 2008 final
rule and in Supplement No. 5 to part
744, the activities of the ERC include
conducting an annual review of the
Entity List to make a determination
whether any removals or modifications
should be made.
Pursuant to Supplement No. 5 to Part
744, the ERC determined that the
following Entity List entry should be
removed, for the reasons provided
below. This rule implements this
decision. In total, this rule removes one
(1) entry from the Entity List and
modifies two (2) additional entries, as
described below under Technical
Update to Two Entities.
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Removal Based Upon § 744.16
The person being removed with this
rule submitted a formal removal request
to BIS based upon the procedures
outlined in § 744.16 of the EAR. This
one entity is located in Hong Kong:
Hong Kong
(1) Britestone, 4/F, Chinabest
International Centre, 8 Kwai On Rd,
Kwai Chung, N.T., Hong Kong.
As outlined in Supplement No. 5 to
part 744, the ERC received and reviewed
this removal request submitted by this
listed entity. Based upon the review of
the information provided in the removal
request submitted to BIS, in accordance
with § 744.16 and further review that
was conducted by the ERC’s member
agencies of this end-user, the ERC
determined that this one person should
be removed from the Entity List. The
ERC decision to remove Britestone took
into account Britestone’s cooperation
with the U.S. Government, as well as
Britestone’s assurances of future
compliance with the EAR. In
accordance with § 744.16(c), the Deputy
Assistant Secretary for Export
Administration has sent written
notification to this person informing
them of the ERC’s decision to remove
them from the Entity List. This final rule
implements the decision to remove this
one Hong Kong person from the Entity
List.
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Reminder To Consider Other End-Use/
End-User Controls
The removal of this one person from
the Entity List (from Hong Kong, as
described above) eliminates the existing
license requirement in Supplement No.
4 to part 744 for exports and reexports
to this person. However, the removal of
this person from the Entity List does not
relieve persons of other obligations
under part 744 of the EAR or under
other parts of the EAR. Neither the
removal of a person from the Entity List
nor the removal of Entity List-based
license requirements relieve persons of
their obligations under General
Prohibition 5 in § 736.2(b)(5) of the EAR
which provides that, ‘‘you may not,
without a license, knowingly export or
reexport any item subject to the EAR to
an end-user or end-use that is
prohibited by part 744 of the EAR.’’ Nor
do such removals relieve persons of
their obligation to apply for export or
reexport licenses required by other
provisions of the EAR. BIS strongly
urges the use of Supplement No. 3 to
part 732 of the EAR, ‘‘BIS’s ’Know Your
Customer’ Guidance and Red Flags,’’
when persons are involved in
transactions that are subject to the EAR.
Technical Update for Two Entities
This rule revises the addresses of two
persons that were listed on the Entity
List under Malaysia prior to this rule
being published to update the addresses
provided for these listed persons. These
updated addresses will better assist the
public in identifying these listed
persons. This rule revises the addresses
in Malaysia for these two persons,
respectively, as follows:
Malaysia
(2) Antcorp System, 5–02 Wisma
Pantai, Jalan Wisma Pantai 12200
Butterworth, Penang, Malaysia; 27–G
Lorong Kelasah 2, Tamen Kelasah 13700
Seberang Jaya, Penang, Malaysia; and
No. 9 Jalan 3/4C Desa Melawati 53100
Kuala Lumpur, Malaysia; and
(3) Mohd Ansari, 5–02 Wisma Pantai,
Jalan Wisma Pantai 12200 Butterworth,
Penang, Malaysia; 27–G Lorong Kelasah
2, Tamen Kelasah 13700 Seberang Jaya,
Penang Malaysia; and No. 9 Jalan 3/4C
Desa Melawati 53100 Kuala Lumpur
Malaysia.
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.
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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.
■ 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 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. 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,
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Federal Register / Vol. 74, No. 35 / Tuesday, February 24, 2009 / Rules and Regulations
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 removing under Hong Kong,
this one Hong Kong entity ‘‘Britestone,
■
4/F, Chinabest International Centre, 8
Kwai On Rd, Kwai Chung, N.T., Hong
Kong’’; and
(b) By revising under Malaysia, in
alphabetical order, two Malaysian
entities, to read as follows:
SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST
Country
License
requirement
Entity
*
Malaysia
*
*
*
License review
policy
*
*
Federal Register
citation
*
*
*
*
*
Antcorp System, 5–02 Wisma Pantai, Jalan Wisma Pantai
12200 Butterworth, Penang, Malaysia; 27–G Lorong
Kelasah 2, Tamen Kelasah 13700 Seberang Jaya,
Penang, Malaysia; and No. 9 Jalan 3/4C Desa Melawati
53100 Kuala Lumpur, Malaysia.
*
For all items subject to the EAR.
(See § 744.11 of
the EAR).
*
Presumption of denial.
*
73 FR 54508. 9/22/
08.
74 FR [INSERT FR
PAGE NUMBER]. 2/24/2009.
*
*
*
*
Mohd Ansari, 5–02 Wisma Pantai, Jalan Wisma Pantai
12200 Butterworth, Penang, Malaysia; 27–G Lorong
Kelasah 2, Tamen Kelasah 13700 Seberang Jaya,
Penang Malaysia; and No. 9 Jalan 3/4C Desa Melawati
53100 Kuala Lumpur Malaysia.
*
For all items subject to the EAR.
(See § 744.11 of
the EAR).
*
Presumption of denial.
*
73 FR 54508 9/22/
08.
73 FR 74001 12/5/
08.
74 FR [INSERT FR
PAGE NUMBER]. 2/24/2009.
*
*
*
Dated: February 19, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export
Administration.
[FR Doc. E9–3918 Filed 2–23–09; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 11
[Docket No. RM09–6–000]
Update of the Federal Energy
Regulatory Commission’s Fees
Schedule for Annual Charges for the
Use of Government Lands
February 17, 2009.
mstockstill on PROD1PC66 with RULES
AGENCY: Federal Energy Regulatory
Commission.
ACTION: Final rule; update of Federal
land use fees.
SUMMARY: In accordance with the
Commission’s regulations, the
Commission by its designee, the
Executive Director, is updating its
schedule of fees for the use of
government lands. The yearly update is
based on the most recent schedule of
VerDate Nov<24>2008
16:27 Feb 23, 2009
Jkt 217001
*
*
fees for the use of linear rights-of-way
prepared by the United States Forest
Service. Since the next fiscal year will
cover the period from October 1, 2008
through September 30, 2009 the fees in
this notice will become effective
October 1, 2008. The fees will apply to
fiscal year 2009 annual charges for the
use of government lands. The
Commission has concluded, with the
concurrence of the Administrator of the
Office of Information and Regulatory
Affairs of OMB that this rule is not a
‘‘major rule’’ as defined in section 251
of the Small Business Regulatory
Enforcement Fairness Act of 1996, 5
U.S.C. 804(2).
DATES: Effective Date: February 24,
2009.
These fees apply for the fiscal period
from October 1, 2008 through
September 30, 2009.
FOR FURTHER INFORMATION CONTACT:
Fannie Kingsberry, Division of Financial
Services, Office of the Executive
Director, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426, (202) 502–6108.
SUPPLEMENTARY INFORMATION: Document
Availability: In addition to publishing
the full text of this document in the
Federal Register, the Commission
provides all interested persons an
opportunity to view and/or print the
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*
*
contents of this document via the
Internet through the Commission’s
Home Page (https://www.ferc.gov) and in
the Commission’s Public Reference
Room during normal business hours
(8:30 a.m. to 5 p.m. Eastern time) at 888
First Street, NE., Room 2A, Washington,
DC 20426.
From the Commission’s Home Page
on the Internet, this information is
available in the eLibrary. The full text
of this document is available on
eLibrary in PDF and MSWord format for
viewing, printing, and/or downloading.
To access this document in eLibrary,
type the docket number excluding the
last three digits of this document in the
docket number field.
User assistance is available for
eLibrary and the Commission’s Web site
during normal business hours from
FERC’s Online Support at (202) 502–
6652 (toll free 1–866 208–3676) or email at ferconlinesupport@ferc.gov, or
the Public Reference Room at (202) 502–
8371, TTY (202) 502–8659. Email the
Public Reference Room at
public.referenceroom@ferc.gov.
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]]>Agencies
[Federal Register Volume 74, Number 35 (Tuesday, February 24, 2009)]
[Rules and Regulations]
[Pages 8182-8184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-3918]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 0812241647-9151-01]
RIN 0694-AE51
Removal and Modification of Certain Entries From the Entity List:
Person Removed Based on Removal Request and Clarification of Certain
Entries
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by removing a person from the Entity List (Supplement No. 4 to Part
744). This person is being removed from the Entity List because the
End-User Review Committee (ERC) decided to approve this person's
request for removal from the Entity List.
This rule also makes a clarification for two persons that were
listed on the Entity List prior to this rule being published to revise
the addresses provided for these listed persons. This rule updates the
address information for these two persons by replacing incorrect
information.
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.
DATES: Effective Date: This rule is effective February 24, 2009.
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-AE51, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE51'' 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-AE51.
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-
AE51)--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) of the EAR, this
rule removes one person from the Entity List on the basis of Sec.
744.16 (Procedure for requesting removal or modification of an Entity
List Entity) of the EAR. In addition, as a clarification, this rule
modifies the entries for two listed persons. The modifications to
existing entries include revising the addresses for two listed persons
in Malaysia that were listed on the Entity List prior to this rule
being published.
On August 21, 2008 (73 FR 49311), BIS published a final rule that
expanded the Entity List by adding Sec. 744.11 (License Requirements
that Apply to Entities Acting Contrary to the National Security or
Foreign Policy Interests of the United States) to the EAR. Since the
publication of that August 2008 rule, BIS has published two final rules
that added persons to the Entity List on the basis of Sec. 744.11 of
the EAR. The first rule that added persons to the Entity List on the
basis of Sec. 744.11 of the EAR was published on September 22, 2008
(73 FR 54499) and the second rule was published on December 5, 2008 (73
FR 73999).
In addition to adding Sec. 744.11, the August 2008 rule added
Sec. 744.16 and Supplement No. 5 to part 744 to the EAR. Section
744.16 established a formal procedure under the EAR whereby persons
listed on the Entity List could submit to BIS in writing a formal
request for removal or modification of their listing on the Entity
List. The procedures for submitting these removal or modification
requests were outlined in Sec. 744.16 and the review and decision
[[Page 8183]]
process for the requests was outlined in Supplement No. 5 to part 744.
ERC Entity List Decisions
The ERC, composed of representatives of the Departments of
Commerce, State, Defense, Energy and, where appropriate, the Treasury,
makes all decisions regarding additions to, removals from or changes to
the Entity List. The ERC is chaired by the Department of Commerce and
makes 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. As
noted in the preamble of the August 2008 final rule and in Supplement
No. 5 to part 744, the activities of the ERC include conducting an
annual review of the Entity List to make a determination whether any
removals or modifications should be made.
Pursuant to Supplement No. 5 to Part 744, the ERC determined that
the following Entity List entry should be removed, for the reasons
provided below. This rule implements this decision. In total, this rule
removes one (1) entry from the Entity List and modifies two (2)
additional entries, as described below under Technical Update to Two
Entities.
Removal Based Upon Sec. 744.16
The person being removed with this rule submitted a formal removal
request to BIS based upon the procedures outlined in Sec. 744.16 of
the EAR. This one entity is located in Hong Kong:
Hong Kong
(1) Britestone, 4/F, Chinabest International Centre, 8 Kwai On Rd,
Kwai Chung, N.T., Hong Kong.
As outlined in Supplement No. 5 to part 744, the ERC received and
reviewed this removal request submitted by this listed entity. Based
upon the review of the information provided in the removal request
submitted to BIS, in accordance with Sec. 744.16 and further review
that was conducted by the ERC's member agencies of this end-user, the
ERC determined that this one person should be removed from the Entity
List. The ERC decision to remove Britestone took into account
Britestone's cooperation with the U.S. Government, as well as
Britestone's assurances of future compliance with the EAR. In
accordance with Sec. 744.16(c), the Deputy Assistant Secretary for
Export Administration has sent written notification to this person
informing them of the ERC's decision to remove them from the Entity
List. This final rule implements the decision to remove this one Hong
Kong person from the Entity List.
Reminder To Consider Other End-Use/End-User Controls
The removal of this one person from the Entity List (from Hong
Kong, as described above) eliminates the existing license requirement
in Supplement No. 4 to part 744 for exports and reexports to this
person. However, the removal of this person from the Entity List does
not relieve persons of other obligations under part 744 of the EAR or
under other parts of the EAR. Neither the removal of a person from the
Entity List nor the removal of Entity List-based license requirements
relieve persons of their obligations under General Prohibition 5 in
Sec. 736.2(b)(5) of the EAR which provides that, ``you may not,
without a license, knowingly export or reexport any item subject to the
EAR to an end-user or end-use that is prohibited by part 744 of the
EAR.'' Nor do such removals relieve persons of their obligation to
apply for export or reexport licenses required by other provisions of
the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of
the EAR, ``BIS's 'Know Your Customer' Guidance and Red Flags,'' when
persons are involved in transactions that are subject to the EAR.
Technical Update for Two Entities
This rule revises the addresses of two persons that were listed on
the Entity List under Malaysia prior to this rule being published to
update the addresses provided for these listed persons. These updated
addresses will better assist the public in identifying these listed
persons. This rule revises the addresses in Malaysia for these two
persons, respectively, as follows:
Malaysia
(2) Antcorp System, 5-02 Wisma Pantai, Jalan Wisma Pantai 12200
Butterworth, Penang, Malaysia; 27-G Lorong Kelasah 2, Tamen Kelasah
13700 Seberang Jaya, Penang, Malaysia; and No. 9 Jalan 3/4C Desa
Melawati 53100 Kuala Lumpur, Malaysia; and
(3) Mohd Ansari, 5-02 Wisma Pantai, Jalan Wisma Pantai 12200
Butterworth, Penang, Malaysia; 27-G Lorong Kelasah 2, Tamen Kelasah
13700 Seberang Jaya, Penang Malaysia; and No. 9 Jalan 3/4C Desa
Melawati 53100 Kuala Lumpur Malaysia.
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 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. 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,
[[Page 8184]]
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:
(a) By removing under Hong Kong, this one Hong Kong entity
``Britestone, 4/F, Chinabest International Centre, 8 Kwai On Rd, Kwai
Chung, N.T., Hong Kong''; and
(b) By revising under Malaysia, in alphabetical order, two
Malaysian entities, to read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
Federal
Country Entity License License review Register
requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Malaysia
* * * * * * *
Antcorp System, 5-02 Wisma For all items Presumption of 73 FR 54508. 9/
Pantai, Jalan Wisma Pantai subject to the denial. 22/08.
12200 Butterworth, Penang, EAR. (See Sec. 74 FR [INSERT
Malaysia; 27-G Lorong Kelasah 744.11 of FR PAGE
2, Tamen Kelasah 13700 the EAR). NUMBER]. 2/24/
Seberang Jaya, Penang, 2009.
Malaysia; and No. 9 Jalan 3/
4C Desa Melawati 53100 Kuala
Lumpur, Malaysia.
* * * * * * *
Mohd Ansari, 5-02 Wisma For all items Presumption of 73 FR 54508 9/
Pantai, Jalan Wisma Pantai subject to the denial. 22/08.
12200 Butterworth, Penang, EAR. (See Sec. 73 FR 74001 12/
Malaysia; 27-G Lorong Kelasah 744.11 of 5/08.
2, Tamen Kelasah 13700 the EAR). 74 FR [INSERT
Seberang Jaya, Penang FR PAGE
Malaysia; and No. 9 Jalan 3/ NUMBER]. 2/24/
4C Desa Melawati 53100 Kuala 2009.
Lumpur Malaysia.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: February 19, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-3918 Filed 2-23-09; 8:45 am]
BILLING CODE 3510-33-P
