Addition of Certain Persons to the Entity List, 14914-14917 [2013-05387]
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14914
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
254.6, as most recently amended in (73
FR 70591, November 21, 2008) and is
simply a ministerial inflation update
based on a formula. Accordingly, we
find that prior notice and comment are
unnecessary, and we are issuing these
revisions to Part 254 as a final rule.
Although this final rule will become
effective on June 6, 2013, in order to
avoid imposing an undue burden the
Department will defer enforcement of
the notice provision in the rule (section
254.5) as it pertains to printed notices
about the new limit for a reasonable
time period to allow carriers to replace
or update any current paper ticket stock
and ticket jackets or inserts. Electronic
notices about the minimum domestic
liability limit, including notices that are
printed ‘‘on demand’’ from an electronic
source (e.g., Web sites, email messages,
and airport kiosks) should be updated
no later than the effective date of this
final rule. Carriers are subject to
enforcement action from the effective
date of this final rule if they fail to
provide notice of the new minimum
liability limit in the manner described
above, or if they fail to apply the new
limit.
experience a mishandled bag each year
(.003 multiplied by 652.2 equals
1,956,536). However, the vast majority
of the instances of mishandled baggage
do not result in a claim in an amount
that is affected by the liability limit in
this rule. We contacted a few carriers to
determine how many of their domestic
passengers have had claims that exceed
the prior minimum liability limit of
$3,300. Based on the information
provided, we believe a little more than
one half percent (0.0058) of the
domestic passengers who experience a
mishandled bag would benefit from an
increase in the minimum limit on
baggage liability, i.e., about 11,300
passengers. Therefore, we expect that
there would be a cost to the airline
industry of $1.1 million each year (the
number of domestic passengers who
receive a baggage settlement that
exceeds the prior minimum liability
limit of $3,300, which is 11,300
passengers multiplied by the maximum
potential impact in those instances
which is $100). There would also be a
benefit to passengers in the same
amount.
Executive Order 12866
This final rule has been evaluated in
accordance with existing policies and
procedures and is considered not
significant under both Executive Order
12866 and DOT’s Regulatory Policies
and Procedures. The rule has not been
reviewed by the Office of Management
and Budget (OMB) under Executive
Order 12866. This revision of 14 CFR
254.4 provides for an inflation
adjustment to the amount of the
minimum limit on baggage liability that
air carriers may incur in cases of
mishandled baggage, as required by
section 254.6. The provisions are
required by current regulatory language,
without interpretation.
This rule will pose minor additional
costs to airlines only in those instances
in which carriers lose, damage or delay
baggage and where the amount of the
passenger’s claim in those instances
exceeds the prior minimum liability
limit of $3,300. The maximum potential
impact in those instances is $100 on
each such claim. Reports filed each
month with the Department by airlines
that each account for at least one
percent of total domestic scheduledservice passenger revenues show that, in
2012, approximately 0.3 percent (.003)
of domestic passengers experience a
mishandled bag. The total number of
domestic scheduled passenger
enplanements in 2012 was 652,178,681.
This means that approximately 2
million domestic scheduled passengers
Regulatory Flexibility Act
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The Regulatory Flexibility Act of 1980
(5 U.S.C. 601–612) requires an
assessment of the impact of proposed
and final rules on small entities unless
the agency certifies that the proposed
regulation will not have a significant
economic impact on a substantial
number of small entities. Since notice
and comment rulemaking is not
necessary for this rule, the provisions of
the Regulatory Flexibility Act (Pub. L.
96–354, 5 U.S.C. 601–612) do not apply.
However, DOT has evaluated the effects
of this action on small entities and has
determined that the action would not
have a significant economic impact on
a substantial number of small entities.
An air carrier is a small business if it
provides air transportation only with
small aircraft (i.e., aircraft with up to 60
seats/18,000 pound payload capacity).
See 14 CFR 399.73. This revision affects
only flight segments operated with large
aircraft and other flight segments
appearing on the same ticket as a largeaircraft segment. As a result, many
operations of small entities, such as air
taxis and many commuter air carriers,
are not covered by the rule. Moreover,
any additional costs for small entities
associated with the rule should be
minimal and may be covered by
insurance. Accordingly, we certify that
this action will not have a significant
economic impact on a substantial
number of small entities.
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Paperwork Reduction Act
This final rule imposes no new
reporting or record keeping
requirements necessitating clearance by
OMB.
List of Subjects in 14 CFR Part 254
Air carriers, Administrative practice
and procedure, Consumer protection,
Department of Transportation.
Accordingly, the Department of
Transportation amends 14 CFR part 254
as follows:
PART 254—DOMESTIC BAGGAGE
LIABILITY
1. The authority citation for part 254
continues to read as follows:
■
Authority: 49 U.S.C. 40113, 41501, 41504,
41510, 41702 and 41707.
§ 254.4
[Amended]
2. Section 254.4 is amended by
removing ‘‘$3,300,’’ and adding
‘‘$3,400’’ in its place.
■
§ 254.5
[Amended]
3. In § 254.5, paragraph (b) is amended
by removing ‘‘$3,300’’ and adding
‘‘$3,400’’ in its place.
■
Issued in Washington, DC, on March 4,
2013, pursuant to authority delegated in 49
CFR 1.27(n).
Robert S. Rivkin,
General Counsel.
[FR Doc. 2013–05475 Filed 3–7–13; 8:45 am]
BILLING CODE 4910–9X–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 121219726–2726–01]
RIN 0694–AF85
Addition of Certain Persons to the
Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
SUMMARY: This rule amends the Export
Administration Regulations (EAR) by
adding three entries to the Entity List for
one person who has been determined by
the U.S. Government to be acting
contrary to the national security or
foreign policy interests of the United
States. This person will be listed on the
Entity List under Germany, Russia, and
Taiwan.
DATES: Effective date: This rule is
effective March 8, 2013.
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Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to
Part 744) notifies the public about
entities that have engaged in activities
that could result in an increased risk of
the diversion of exported, reexported, or
transferred (in-country) items to
weapons of mass destruction (WMD)
programs. Since its initial publication,
grounds for inclusion on the Entity List
have expanded to activities sanctioned
by the State Department and activities
contrary to U.S. national security or
foreign policy interests, including
terrorism and export control violations
involving abuse of human rights.
Certain exports, reexports, and transfers
(in-country) to entities identified on the
Entity List require licenses from BIS and
are usually subject to a policy of denial.
The availability of license exceptions in
such transactions is very limited. The
license review policy for each entity is
identified in the License Review Policy
column on the Entity List and the
availability of license exceptions is
noted in the Federal Register notices
adding persons to the Entity List. BIS
places entities on the Entity List based
on certain sections of part 744 (Control
Policy: End-User and End-Use Based) of
the EAR.
The ERC, composed of representatives
of the Departments of Commerce
(Chair), State, Defense, Energy and,
when appropriate, the Treasury, makes
all decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC 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.
tkelley on DSK3SPTVN1PROD with RULES
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add one person, under three
entries, to the Entity List on the basis of
§ 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. The three entries, two of which are
alternate addresses and slightly different
names used in different countries for the
person being added to the Entity List,
consist of single entries in Russia,
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Germany, and Taiwan. The ERC
reviewed § 744.11(b) (Criteria for
revising the Entity List) in making the
determination to add this one person
under three entries to the Entity List.
Under that paragraph, persons for which
there is reasonable cause to believe,
based on specific and articulable facts,
that the persons have been involved, are
involved, or pose 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 persons may be
added to the Entity List. Paragraphs
(b)(1) through (5) of § 744.11 include an
illustrative list of activities that could be
contrary to the national security or
foreign policy interests of the United
States. The ERC has reasonable cause to
believe that the one person being listed
under three separate entries, T
–Platforms, a company headquartered in
Russia, has been listed as the ultimate
consignee on multiple automated export
system (AES) records filed for the export
of dual-use items controlled for national
security reasons but shipped without
the required licenses. Further, the ERC
has reason to believe that T-Platforms is
associated with military procurement
activities, including the development of
computer systems for military end-users
and the production of computers for
nuclear research. T-Platforms has
locations in Germany and Taiwan that
are engaged in the same types of
activities of concern. Based on TPlatforms’ activities, including those of
its locations in Germany and Taiwan,
the ERC determined that it is engaged in
activities contrary to U.S. national
security and foreign policy interests and
poses a high risk of involvement in
violations of the EAR.
Therefore, pursuant to § 744.11(b)(3)
and (5) of the EAR, the ERC determined
that such conduct raises sufficient
concern that prior review of exports,
reexports, or transfers (in-country) of
items subject to the EAR involving this
one person being listed under three
entries, and the possible imposition of
license conditions or license denials,
will enhance BIS’s ability to prevent
violations of the EAR.
For the one person being added to the
Entity List under three entries, the ERC
specified a license requirement for all
items subject to the EAR and established
a license application review policy of a
presumption of denial. The license
requirement applies to any transaction
in which items are to be exported,
reexported, or transferred (in-country) to
such person or in which such person
acts as purchaser, intermediate
consignee, ultimate consignee, or end-
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14915
user. In addition, no license exceptions
are available for exports, reexports, or
transfers (in-country) to this person
being added to the Entity List under
three entries.
This final rule adds the following one
person under three entries to the Entity
List:
Germany
(1) T-Platforms GmbH, a.k.a., the
following one alias:
–tPlatforms GmbH.
Woehlerstrasse 42, d–30163, Hanover,
Germany (See alternate addresses
under T-Platforms in Russia and T
Platforms in Taiwan).
Russia
(1) T-Platforms, Leninsky Prospect
113/1, Suite B–705, Moscow, Russia;
and 8 Vvedenskogo Street, Suite K52B,
Moscow, Russia (See alternate addresses
under T-Platforms GmbH in Germany
and T Platforms in Taiwan).
Taiwan
(1) T Platforms, a.k.a., the following
one alias:
–Platforms Solutions Development
Limited.
10F, No. 409, Sec. 2 Tiding Blvd., Neihu
District, Taipei, Taiwan (See alternate
addresses under T-Platforms GmbH in
Germany and T-Platforms in Russia).
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 en route aboard a
carrier to a port of export or reexport, on
March 8, 2013, 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).
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 August 15, 2012, 77 FR 49699
(August 16, 2012), has continued the
Export Administration Regulations in
effect under the International
Emergency Economic Powers Act. BIS
continues to carry out the provisions of
the Export Administration Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
13222.
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Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations
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 OMB under control
number 0694–0088, Simplified Network
Application Processing System, which
includes, among other things, license
applications and carries a burden
estimate of 58 minutes for a manual or
electronic submission.
Total burden hours associated with
the PRA and OMB control number
0694–0088 are not expected to increase
as a result of this rule. You may 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
email to
Jasmeet_K._Seehra@omb.eop.gov, or by
fax to (202) 395–7285.
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
comment and a 30-day delay in effective
Country
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)). BIS
implements this rule to protect U.S.
national security or foreign policy
interests by preventing items from being
exported, reexported, or transferred (in
country) to the person being added to
the Entity List. If this rule were delayed
to allow for notice and comment and a
30-day delay in effective date, then the
entity being added (one person under
three entries) to the Entity List by this
action would continue to be able to
receive items without a license and to
conduct activities contrary to the
national security or foreign policy
interests of the United States. In
addition, because this party may receive
notice of the U.S. Government’s
intention to place this entity on the
Entity List once a final rule was
published, it would create an incentive
for this person to either accelerate
receiving items subject to the EAR to
conduct activities that are contrary to
the national security or foreign policy
interests of the United States, and/or to
take steps to set up additional aliases,
change addresses, and other measures to
try to limit the impact of the listing on
the Entity List once a final rule was
published. 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.
Entity
*
GERMANY
*
*
*
T-Platforms GmbH, a.k.a., the following one
alias:
—tPlatforms GmbH Woehlerstrasse 42,
d-30163, Hanover, Germany (See alternate addresses under T-Platforms
in Russia and T Platforms in Taiwan).
*
*
*
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,
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 January 19, 2012, 77 FR 3067
(January 20, 2012); Notice of August 15,
2012, 77 FR 49699 (August 16, 2012); Notice
of September 11, 2012, 77 FR 56519
(September, 12, 2012); Notice of November 1,
2012, 77 FR 66513 (November 5, 2012).
2. Supplement No. 4 to part 744 is
amended:
■ a. By adding under Germany, in
alphabetical order, one German entity;
■ b. By adding under Russia, in
alphabetical order, one Russian entity;
and
■ c. By adding under Taiwan, in
alphabetical order, one Taiwanese
entity;
The additions read as follows:
■
Supplement No. 4 to Part 744—Entity
List
*
*
*
For all items subject to the
EAR. (See § 744.11 of the
EAR.)
*
Exports, Reporting and recordkeeping
requirements, Terrorism.
License
review policy
License requirement
*
List of Subject in 15 CFR Part 744
*
*
Presumption of denial ............
*
Federal Register citation
*
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*
78 FR [INSERT FR PAGE
NUMBER] 3/8/13.
*
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RUSSIA
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T-Platforms, Leninsky Prospect 113/1, Suite
B–705,
Moscow,
Russia;
and
8
Vvedenskogo Street, Suite K52B, Moscow,
Russia (See alternate addresses under TPlatforms GmbH in Germany and T Platforms in Taiwan)
*
*
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For all items subject to the
EAR. (See § 744.11 of the
EAR)
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Presumption of denial ............
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78 FR [INSERT FR PAGE
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14917
Federal Register / Vol. 78, No. 46 / Friday, March 8, 2013 / Rules and Regulations
Country
Entity
*
TAIWAN
*
*
*
*
T Platforms, a.k.a., the following one alias:
—Platforms Solutions Development Limited. 10F, No. 409, Sec. 2 Tiding
Blvd., Neihu District, Taipei, Taiwan
(See alternate addresses under TPlatforms GmbH in Germany and TPlatforms in Russia)
*
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BILLING CODE 3510–33–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 55
[OAR–2004–0091; FRL–9773–9]
Outer Continental Shelf Air
Regulations Consistency Update for
California
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Final rule—consistency update.
AGENCY:
tkelley on DSK3SPTVN1PROD with RULES
*
*
*
For all items subject to the
EAR. (See § 744.11 of the
EAR)
*
*
*
*
*
EPA has established docket
number OAR–2004–0091 for this action.
The index to the docket is available
electronically at www.regulations.gov
and in hard copy at EPA Region IX, 75
Hawthorne Street, San Francisco,
California. While all documents in the
docket are listed in the index, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material), and some may
not be publicly available in either
location (e.g., CBI). To inspect the hard
copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia G. Allen, Air Division (Air-4),
U.S. EPA Region 9, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
947–4120, allen.cynthia@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, the terms
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ refer to U.S. EPA.
Organization of this document: The
following outline is provided to aid in
locating information in this preamble.
SUMMARY: EPA is finalizing the update
of the Outer Continental Shelf (‘‘OCS’’)
Air Regulations proposed in the Federal
Register on October 9, 2012.
Requirements applying to OCS sources
located within 25 miles of States’
seaward boundaries must be updated
periodically to remain consistent with
the requirements of the corresponding
onshore area (‘‘COA’’), as mandated by
the Clean Air Act, as amended in 1990
(‘‘the Act’’). The portion of the OCS air
regulations that is being updated
pertains to the requirements for OCS
sources for which the Ventura County
Air Pollution Control District (‘‘Ventura
County APCD’’ or ‘‘District’’) is the
designated COA. The intended effect of
approving the OCS requirements for the
Ventura County APCD is to regulate
emissions from OCS sources in
accordance with the requirements
onshore.
This rule is effective on April 8,
2013. The incorporation by reference of
certain publications listed in this rule is
approved by the Director of the Federal
Register as of April 8, 2013.
DATES:
Jkt 229001
Table of Contents
I. Background
II. Public Comment
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Background
On October 9, 2012 (77 FR 61308),
EPA proposed to incorporate various
Ventura County APCD air pollution
control requirements into the OCS Air
Regulations at 40 CFR part 55. We are
incorporating these requirements in
response to the submittal of these rules
by the District. EPA has evaluated the
proposed requirements to ensure that
they are rationally related to the
attainment or maintenance of federal or
state ambient air quality standards or
Part C of title I of the Act, that they are
not designed expressly to prevent
exploration and development of the
OCS and that they are applicable to OCS
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Federal Register citation
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Presumption of denial ............
ADDRESSES:
[FR Doc. 2013–05387 Filed 3–7–13; 8:45 am]
16:06 Mar 07, 2013
*
*
Dated: March 1, 2013.
Matthew S. Borman,
Assistant Secretary for Export
Administration.
VerDate Mar<15>2010
License
review policy
License requirement
*
*
*
78 FR [INSERT FR PAGE
NUMBER] 3/8/13.
*
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sources. 40 CFR 55.1. EPA has also
evaluated the rules to ensure that they
are not arbitrary or capricious. 40 CFR
55.12(e).
Section 328(a) of the Act requires that
EPA establish requirements to control
air pollution from OCS sources located
within 25 miles of states’ seaward
boundaries that are the same as onshore
requirements. To comply with this
statutory mandate, EPA must
incorporate applicable onshore rules
into 40 CFR part 55 as they exist
onshore. This limits EPA’s flexibility in
deciding which requirements will be
incorporated into part 55 and prevents
EPA from making substantive changes
to the requirements it incorporates. As
a result, EPA may be incorporating rules
into part 55 that do not conform to all
of EPA’s state implementation plan
(SIP) guidance or certain requirements
of the Act. Consistency updates may
result in the inclusion of state or local
rules or regulations into part 55, even
though the same rules may ultimately be
disapproved for inclusion as part of the
SIP. Inclusion in the OCS rule does not
imply that a rule meets the requirements
of the Act for SIP approval, nor does it
imply that the rule will be approved by
EPA for inclusion in the SIP.
II. Public Comment
EPA’s proposed actions provided a
30-day public comment period. During
this period, we received no comments
on the proposed actions.
III. EPA Action
In this document, EPA takes final
action to incorporate the proposed
changes into 40 CFR part 55. No
changes were made to the proposed
action except for minor technical
corrections to the list of rules in the part
55 regulatory text to accurately reflect
the action we proposed. EPA is
approving the proposed action under
section 328(a)(1) of the Act, 42 U.S.C.
7627. Section 328(a) of the Act requires
that EPA establish requirements to
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]]>Agencies
[Federal Register Volume 78, Number 46 (Friday, March 8, 2013)]
[Rules and Regulations]
[Pages 14914-14917]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05387]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 121219726-2726-01]
RIN 0694-AF85
Addition of Certain Persons to the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding three entries to the Entity List for one person who has been
determined by the U.S. Government to be acting contrary to the national
security or foreign policy interests of the United States. This person
will be listed on the Entity List under Germany, Russia, and Taiwan.
DATES: Effective date: This rule is effective March 8, 2013.
[[Page 14915]]
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email:
ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to Part 744) notifies the public
about entities that have engaged in activities that could result in an
increased risk of the diversion of exported, reexported, or transferred
(in-country) items to weapons of mass destruction (WMD) programs. Since
its initial publication, grounds for inclusion on the Entity List have
expanded to activities sanctioned by the State Department and
activities contrary to U.S. national security or foreign policy
interests, including terrorism and export control violations involving
abuse of human rights. Certain exports, reexports, and transfers (in-
country) to entities identified on the Entity List require licenses
from BIS and are usually subject to a policy of denial. The
availability of license exceptions in such transactions is very
limited. The license review policy for each entity is identified in the
License Review Policy column on the Entity List and the availability of
license exceptions is noted in the Federal Register notices adding
persons to the Entity List. BIS places entities on the Entity List
based on certain sections of part 744 (Control Policy: End-User and
End-Use Based) of the EAR.
The ERC, composed of representatives of the Departments of Commerce
(Chair), State, Defense, Energy and, when appropriate, the Treasury,
makes all decisions regarding additions to, removals from, or other
modifications to the Entity List. The ERC 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.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add one person,
under three entries, to the Entity List on the basis of Sec. 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. The three entries, two of which are alternate addresses and
slightly different names used in different countries for the person
being added to the Entity List, consist of single entries in Russia,
Germany, and Taiwan. The ERC reviewed Sec. 744.11(b) (Criteria for
revising the Entity List) in making the determination to add this one
person under three entries to the Entity List. Under that paragraph,
persons for which there is reasonable cause to believe, based on
specific and articulable facts, that the persons have been involved,
are involved, or pose 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 persons may be added to the Entity List. Paragraphs (b)(1) through
(5) of Sec. 744.11 include an illustrative list of activities that
could be contrary to the national security or foreign policy interests
of the United States. The ERC has reasonable cause to believe that the
one person being listed under three separate entries, T -Platforms, a
company headquartered in Russia, has been listed as the ultimate
consignee on multiple automated export system (AES) records filed for
the export of dual-use items controlled for national security reasons
but shipped without the required licenses. Further, the ERC has reason
to believe that T-Platforms is associated with military procurement
activities, including the development of computer systems for military
end-users and the production of computers for nuclear research. T-
Platforms has locations in Germany and Taiwan that are engaged in the
same types of activities of concern. Based on T-Platforms' activities,
including those of its locations in Germany and Taiwan, the ERC
determined that it is engaged in activities contrary to U.S. national
security and foreign policy interests and poses a high risk of
involvement in violations of the EAR.
Therefore, pursuant to Sec. 744.11(b)(3) and (5) of the EAR, the
ERC determined that such conduct raises sufficient concern that prior
review of exports, reexports, or transfers (in-country) of items
subject to the EAR involving this one person being listed under three
entries, and the possible imposition of license conditions or license
denials, will enhance BIS's ability to prevent violations of the EAR.
For the one person being added to the Entity List under three
entries, the ERC specified a license requirement for all items subject
to the EAR and established a license application review policy of a
presumption of denial. The license requirement applies to any
transaction in which items are to be exported, reexported, or
transferred (in-country) to such person or in which such person acts as
purchaser, intermediate consignee, ultimate consignee, or end-user. In
addition, no license exceptions are available for exports, reexports,
or transfers (in-country) to this person being added to the Entity List
under three entries.
This final rule adds the following one person under three entries
to the Entity List:
Germany
(1) T-Platforms GmbH, a.k.a., the following one alias:
-tPlatforms GmbH.
Woehlerstrasse 42, d-30163, Hanover, Germany (See alternate addresses
under T-Platforms in Russia and T Platforms in Taiwan).
Russia
(1) T-Platforms, Leninsky Prospect 113/1, Suite B-705, Moscow,
Russia; and 8 Vvedenskogo Street, Suite K52B, Moscow, Russia (See
alternate addresses under T-Platforms GmbH in Germany and T Platforms
in Taiwan).
Taiwan
(1) T Platforms, a.k.a., the following one alias:
-Platforms Solutions Development Limited.
10F, No. 409, Sec. 2 Tiding Blvd., Neihu District, Taipei, Taiwan (See
alternate addresses under T-Platforms GmbH in Germany and T-Platforms
in Russia).
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 en route aboard a carrier to a port of
export or reexport, on March 8, 2013, 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).
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 August 15,
2012, 77 FR 49699 (August 16, 2012), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222.
[[Page 14916]]
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 OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of 58
minutes for a manual or electronic submission.
Total burden hours associated with the PRA and OMB control number
0694-0088 are not expected to increase as a result of this rule. You
may 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 email to
Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.
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 comment and a 30-day 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. Sec. 553(a)(1)). BIS implements
this rule to protect U.S. national security or foreign policy interests
by preventing items from being exported, reexported, or transferred (in
country) to the person being added to the Entity List. If this rule
were delayed to allow for notice and comment and a 30-day delay in
effective date, then the entity being added (one person under three
entries) to the Entity List by this action would continue to be able to
receive items without a license and to conduct activities contrary to
the national security or foreign policy interests of the United States.
In addition, because this party may receive notice of the U.S.
Government's intention to place this entity on the Entity List once a
final rule was published, it would create an incentive for this person
to either accelerate receiving items subject to the EAR to conduct
activities that are contrary to the national security or foreign policy
interests of the United States, and/or to take steps to set up
additional aliases, change addresses, and other measures to try to
limit the impact of the listing on the Entity List once a final rule
was published. 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 Subject 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]
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, 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 January 19, 2012, 77 FR 3067
(January 20, 2012); Notice of August 15, 2012, 77 FR 49699 (August
16, 2012); Notice of September 11, 2012, 77 FR 56519 (September, 12,
2012); Notice of November 1, 2012, 77 FR 66513 (November 5, 2012).
0
2. Supplement No. 4 to part 744 is amended:
0
a. By adding under Germany, in alphabetical order, one German entity;
0
b. By adding under Russia, in alphabetical order, one Russian entity;
and
0
c. By adding under Taiwan, in alphabetical order, one Taiwanese entity;
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
GERMANY * * * * * * *
T-Platforms GmbH, a.k.a., For all items Presumption of 78 FR [INSERT FR
the following one alias: subject to the denial. PAGE NUMBER] 3/8/
--tPlatforms GmbH EAR. (See Sec. 13.
Woehlerstrasse 42, d-30163, 744.11 of the
Hanover, Germany (See EAR.)
alternate addresses under T-
Platforms in Russia and T
Platforms in Taiwan).
* * * * * * *
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA * * * * * * *
T-Platforms, Leninsky For all items Presumption of 78 FR [INSERT FR
Prospect 113/1, Suite B- subject to the denial. PAGE NUMBER] 3/8/
705, Moscow, Russia; and 8 EAR. (See Sec. 13.
Vvedenskogo Street, Suite 744.11 of the EAR)
K52B, Moscow, Russia (See
alternate addresses under T-
Platforms GmbH in Germany
and T Platforms in Taiwan)
* * * * * * *
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[[Page 14917]]
* * * * * * *
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TAIWAN * * * * * * *
T Platforms, a.k.a., the For all items Presumption of 78 FR [INSERT FR
following one alias: subject to the denial. PAGE NUMBER] 3/8/
--Platforms Solutions EAR. (See Sec. 13.
Development Limited. 10F, 744.11 of the EAR)
No. 409, Sec. 2 Tiding
Blvd., Neihu District,
Taipei, Taiwan (See
alternate addresses under T-
Platforms GmbH in Germany
and T-Platforms in Russia)
* * * * * * *
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* * * * * * *
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Dated: March 1, 2013.
Matthew S. Borman,
Assistant Secretary for Export Administration.
[FR Doc. 2013-05387 Filed 3-7-13; 8:45 am]
BILLING CODE 3510-33-P
