Revisions to the Unverified List (UVL), 16730-16733 [2017-06857]
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by
removing Airworthiness Directive (AD)
2013–24–17, Amendment 39–17694 (78
FR 76045, December 16, 2013), and
adding the following new AD:
■
2017–07–04 General Electric Company:
Amendment 39–18842; Docket No.
FAA–2013–0879; Directorate Identifier
2013–NE–30–AD.
(a) Effective Date
This AD is effective April 21, 2017.
(b) Affected ADs
This AD replaces AD 2013–24–17,
Amendment 39–17694 (78 FR 76045,
December 16, 2013) (‘‘AD 2013–24–17’’).
(c) Applicability
All GE90–110B1 and GE90–115B engines
with high-pressure compressor (HPC) stage
2–5 spools, with:
(1) a part number (P/N) 351–103–106–0,
351–103–107–0, 351–103–108–0, 351–103–
141–0, 351–103–142–0, 351–103–143–0,
351–103–144–0, 351–103–145–0, 351–103–
146–0, 351–103–148–0, 351–103–149–0,
351–103–150–0, or 351–103–151–0; and
(2) a serial number listed in paragraph 4,
Appendix A, of GE Service Bulletin (SB)
GE90–100 SB 72–0659 R01, dated February
18, 2016.
(d) Subject
Joint Aircraft System Component (JASC)
Code 7230, Turbine Engine Compressor
Section.
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(e) Unsafe Condition
This AD was prompted by reports of cracks
in HPC rotor stage 2–5 spool aft spacer arms
since AD 2013–24–17.We are issuing this AD
to prevent failure of the HPC rotor stage 2–
5 spools, uncontained spool release, damage
to the engine, and damage to the airplane.
(f) Compliance
(1) Comply with this AD within the
compliance times specified, unless already
done.
(2) Remove from service HPC rotor stage 2–
5 spools listed in paragraph 4, Appendix A,
of GE SB GE90–100 SB 72–0659 R01, dated
February 18, 2016, as follows:
(i) For spools that have fewer than 4,500
flight cycles since new (CSN) on the effective
date of this AD, remove before exceeding
5,000 CSN.
(ii) For spools that have 4,500 CSN or more
but fewer than 5,200 CSN on the effective
date of this AD, remove within 500 cycles in
service (CIS) but not to exceed 5,500 CSN.
(iii) For spools that have 5,200 CSN or
more but fewer than 5,600 CSN on the
effective date of this AD, remove within 300
CIS but not to exceed 5,800 CSN.
(iv) For spools that have 5,600 CSN or
more but fewer than 5,800 CSN on the
effective date of this AD, remove within 200
CIS but not to exceed 5,850 CSN.
(v) For spools that have 5,800 CSN or more
but fewer than 6,000 CSN on the effective
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date of this AD, remove within 50 CIS but not
to exceed 6,000 CSN.
(vi) For spools that have 6,000 CSN or
more on the effective date of this AD, remove
before the next flight.
(g) Alternative Methods of Compliance
(AMOCs)
The Manager, Engine Certification Office,
may approve AMOCs for this AD. Use the
procedures found in 14 CFR 39.19 to make
your request. You may email your request to:
ANE–AD–AMOC@faa.gov.
(h) Related Information
For more information about this AD,
contact John Frost, Aerospace Engineer,
Engine Certification Office, FAA, Engine &
Propeller Directorate, 1200 District Avenue,
Burlington, MA 01803; phone: 781–238–
7756; fax: 781–238–7199; email: john.frost@
faa.gov.
(i) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) General Electric Company (GE) Service
Bulletin GE90–100 SB 72–0659 R01, dated
February 18, 2016.
(ii) Reserved.
(3) For GE service information identified in
this AD, contact General Electric Company,
GE-Aviation, Room 285, 1 Neumann Way,
Cincinnati, OH 45215, phone: 513–552–3272;
fax: 513–552–3329; email: geae.aoc@ge.com.
(4) You may view this service information
at FAA, FAA, Engine & Propeller Directorate,
1200 District Avenue, Burlington, MA. For
information on the availability of this
material at the FAA, call 781–238–7125.
(5) You may view this service information
at the National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://www.archives.
gov/federal-register/cfr/ibr-locations.html.
Issued in Burlington, Massachusetts, on
March 24, 2017.
Carlos A. Pestana,
Acting Assistant Manager, Engine & Propeller
Directorate, Aircraft Certification Service.
[FR Doc. 2017–06715 Filed 4–5–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 170105022–7022–01]
RIN 0694–AH29
Revisions to the Unverified List (UVL)
Bureau of Industry and
Security, Commerce.
AGENCY:
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ACTION:
Final rule.
The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) by
adding six (6) persons to the Unverified
List (the ‘‘Unverified List’’ or UVL);
revising two addresses and adding an
alternate name, or a.k.a., for one (1)
person currently listed on the UVL; and
revising three addresses, adding three
additional addresses, and adding an
alternate name, or a.k.a, for one (1)
person currently listed on the UVL. The
six persons are being added to the UVL
on the basis that BIS could not verify
their bona fides because an end-use
check could not be completed
satisfactorily for reasons outside the
U.S. Government’s control. Two
addresses are revised for one person
currently listed on the UVL to add the
official Hong Kong district name. In
addition, this rule adds an alternate
name for this person. This rule also
revises three addresses for an additional
person currently listed on the UVL to
add the official Hong Kong district
names and correct a previous error.
Finally, this rule adds three additional
addresses and an alternate name for this
person, as BIS has determined this
person is receiving U.S. exports at
additional addresses and using an
additional name.
DATES: Effective date: This rule is
effective: April 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–4255 or by
email at UVLRequest@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Unverified List, found in
Supplement No. 6 to Part 744 to the
EAR, contains the names and addresses
of foreign persons who are or have been
parties to a transaction, as that term is
described in § 748.5 of the EAR,
involving the export, reexport, or
transfer (in-country) of items subject to
the EAR, and whose bona fides BIS has
been unable to verify through an enduse check. BIS may add persons to the
UVL when BIS or federal officials acting
on BIS’s behalf have been unable to
verify a foreign person’s bona fides (i.e.,
legitimacy and reliability relating to the
end use and end user of items subject
to the EAR) because an end-use check,
such as a pre-license check (PLC) or a
post-shipment verification (PSV),
cannot be completed satisfactorily for
such purposes for reasons outside the
U.S. Government’s control.
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
End-use checks cannot be completed
for a number of reasons, including
reasons unrelated to the cooperation of
the foreign party subject to the end-use
check. For example, BIS sometimes
initiates end-use checks and cannot find
a foreign party at the address indicated
on export documents, and cannot locate
the party by telephone or email.
Additionally, BIS sometimes is unable
to conduct end-use checks when host
government agencies do not respond to
requests to conduct end-use checks, are
prevented from scheduling such checks
by a party to the transaction other than
the foreign party that is the proposed
subject of the end-use check or refuse to
schedule them in a timely manner.
Under these circumstances, although
BIS has an interest in informing the
public of its inability to verify the
foreign party’s bona fides, there may not
be sufficient information to add the
foreign persons at issue to the Entity
List under § 744.11 of the EAR (Criteria
for revising the Entity List). In such
circumstances, BIS may add the foreign
persons to the UVL.
Furthermore, BIS sometimes conducts
end-use checks but cannot verify the
bona fides of a foreign party. For
example, BIS may be unable to verify
bona fides if during the conduct of an
end-use check a recipient of items
subject to the EAR is unable to produce
those items for visual inspection or
provide sufficient documentation or
other evidence to confirm the
disposition of those items. The inability
of foreign persons subject to end-use
checks to demonstrate their bona fides
raises concerns about the suitability of
such persons as participants in future
exports, reexports, or transfers (incountry) of items subject to the EAR and
indicates a risk that such items may be
diverted to prohibited end uses and/or
end users. However, BIS may not have
sufficient information to establish that
such persons are involved in activities
described in part 744 of the EAR,
preventing the placement of the persons
on the Entity List. In such
circumstances, the foreign persons may
be added to the Unverified List.
As provided in § 740.2(a)(17) of the
EAR, the use of license exceptions for
exports, reexports, and transfers (incountry) involving a party or parties to
the transaction who are listed on the
UVL is suspended. Additionally, under
§ 744.15(b) of the EAR, there is a
requirement for exporters, reexporters,
and transferors to obtain (and keep a
record of) a UVL statement from a party
or parties to the transaction who are
listed on the UVL before proceeding
with exports, reexports, and transfers
(in-country) to such persons, when the
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exports, reexports and transfers (incountry) are not subject to a license
requirement.
Requests for removal of a UVL entry
must be made in accordance with
§ 744.15(d) of the EAR. Decisions
regarding the removal or modification of
UVL listings will be made by the Deputy
Assistant Secretary for Export
Enforcement, based on a demonstration
by the listed person of its bona fides.
Changes to the EAR
Supplement No. 6 to Part 744 (‘‘the
Unverified List’’ or ‘‘UVL’’)
This rule adds six (6) persons to the
UVL by amending Supplement No. 6 to
Part 744 of the EAR to include their
names and addresses. BIS adds these
persons in accordance with the criteria
for revising the UVL set forth in
§ 744.15(c) of the EAR. The new entries
consist of three persons located in China
and one person located in each of the
following countries or territories:
Azerbaijan, Lebanon, and the United
Arab Emirates. Each listing is grouped
within the UVL by country with each
party’s name(s) listed in alphabetical
order under the country; each entry
includes available alias(es) and
address(es), as well as the Federal
Register citation and the date the person
was added to the UVL. The UVL is
included in the Consolidated Screening
List, available at www.export.gov.
This rule also revises two addresses
for one person currently listed on the
UVL, Brilliance Technology Ltd., to add
the official Hong Kong district name. In
addition, BIS is adding an alternate
name for Brilliance Technology Ltd., as
BIS has determined this person is doing
business as Brilliance Technology
Group. Additionally, this rule revises
two addresses for Ling Ao Electronic
Technology Co., Ltd., which is currently
listed on the UVL, to add the official
Hong Kong district name. BIS is revising
a third address for this person to correct
a previous error in the street name and
to add the name of the building in
which this person is located. BIS is also
adding three additional addresses for
Ling Ao Electronic Technology Co.,
Ltd., as BIS has determined this person
is receiving U.S. exports at these
addresses. Finally, BIS is adding Xuan
Qi Technology Co., Ltd. as an alternate
name for Ling Ao Electronic Technology
Co., Ltd.
Savings Clause
Shipments (1) removed from license
exception eligibility or that are now
subject to requirements in § 744.15 of
the EAR as a result of this regulatory
action; (2) eligible for export, reexport,
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16731
or transfer (in-country) without a license
before this regulatory action; and (3) on
dock for loading, on lighter, laden
aboard an exporting carrier, or en route
aboard a carrier to a port of export, on
April 6, 2017, pursuant to actual orders,
may proceed to that UVL listed person
under the previous license exception
eligibility or without a license so long
as the items have been exported from
the United States, reexported or
transferred (in-country) before May 8,
2017. Any such items not actually
exported, reexported or transferred (incountry) before midnight on May 8,
2017 are subject to the requirements in
§ 744.15 of the EAR in accordance with
this regulation.
Export Administration Act
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse. However,
the President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August
4, 2016, 81 FR 52587 (August 8, 2016)
has continued the EAR in effect under
the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.). 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 as amended by Executive Order
13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has not been designated a ‘‘significant
regulatory action,’’ under section 3(f) of
Executive Order 12866.
2. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
comment and a delay in effective date
are inapplicable to this rule, which is
adding 6 persons, revising 2 addresses
and adding an alternate name, or a.k.a.
for 1 person currently listed on the UVL,
and revising 3 addresses, adding 3 new
addresses, and adding an alternate
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
name, or a.k.a. for 1 other person
currently listed on the UVL, because
this regulation involves military or
foreign affairs under 5 U.S.C. 553(a)(1).
BIS implements this rule to protect U.S.
national security or foreign policy
interests by requiring a license or, where
no license is required, a UVL statement
for items being exported, reexported, or
transferred (in country) involving a
party or parties to the transaction who
are listed on the UVL. If this rule were
delayed to allow for notice and
comment and a delay in effective date,
the entities being added to the UVL by
this action, the entities now operating
under an alternate name, and the
entities whose addresses were revised
would continue to be able to receive
items without additional oversight by
BIS and to conduct activities contrary to
the national security or foreign policy
interests of the United States. In
addition, publishing a proposed rule
would give these parties notice of the
U.S. Government’s intention to place
them on the UVL or amend their current
entry on the UVL, and create an
incentive for these persons to accelerate
receiving items subject to the EAR in
furtherance of activities contrary to the
national security or foreign policy
interests of the United States, and/or
take steps to set up additional aliases,
change addresses, and other measures to
try to limit the impact of the listing 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. Accordingly,
no regulatory flexibility analysis is
required and none has been prepared.
3. Notwithstanding any other
provision of law, no person is required
to respond to, nor is 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 the following
control numbers: 0694–0088, 0694–
0122, 0694–0134, and 0694–0137.
This rule slightly increases public
burden in a collection of information
approved by OMB under control
number 0694–0088, which authorizes,
among other things, export license
applications. The removal of license
exceptions for listed persons on the
Unverified List will result in increased
license applications being submitted to
BIS by exporters. Total burden hours
associated with the Paperwork
Reduction Act and OMB control number
0694–0088 are expected to increase
minimally, as the suspension of license
exceptions will only affect transactions
involving persons listed on the
Unverified List and not all export
transactions. Because license exceptions
are restricted from use, this rule
decreases public burden in a collection
of information approved by OMB under
control number 0694–0137 minimally,
as this will only affect specific
individual listed persons. The increased
burden under 0694–0088 is reciprocal to
the decrease of burden under 0694–
0137, and results in no change of
burden to the public. This rule also
increases public burden in a collection
of information under OMB control
number 0694–0122, as a result of the
exchange of UVL statements between
private parties, and under OMB control
number 0694–0134, as a result of
appeals from persons listed on the UVL
for removal of their listing. The total
increase in burden hours associated
with both of these collections is
expected to be minimal, as they involve
a limited number of persons listed on
the UVL.
4. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
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 through 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. 4601 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 August 4, 2016, 81 FR 52587
(August 8, 2016); Notice of September 15,
2016, 81 FR 64343 (September 19, 2016);
Notice of November 8, 2016, 81 FR 79379
(November 10, 2016); Notice of January 13,
2017, 82 FR 6165 (January 18, 2017).
2. Supplement No. 6 to Part 744 is
amended by:
■ a. Adding one entry, in alphabetical
order, for ‘‘Azerbaijan’’;
■ b. Adding three entries, in
alphabetical order, under ‘‘China’’;
■ c. Revising the entries for ‘‘Brilliance
Technology Ltd’’ and ‘‘Ling Ao
Electronic Technology Co. Ltd.’’ under
‘‘Hong Kong’’;
■ d. Adding one entry, in alphabetical
order, for ‘‘Lebanon’’; and
■ e. Adding one entry, in alphabetical
order, under ‘‘United Arab Emirates’’.
The additions and revisions read as
follows:
■
Supplement No. 6 to Part 744—
Unverified List
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Listed person and address
Federal Register citation and date of publication
AZERBAIJAN .......................
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Country
Caspian Oil Montaj, Office 39, Block B, 30 Kaverochkin
Street, Baku, Azerbaijan.
82 FR [INSERT Federal Register PAGE NUMBER]
April 6, 2017.
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CHINA .................................. ARI International, Ltd., Room 1208, Block B, Jiangsu
Building, No. 6013 Yitian Road, Futian District,
Shenzhen, China.
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82 FR [INSERT Federal Register PAGE NUMBER]
April 6, 2017.
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Jiangsu HNHB Equipment Co., Ltd., No. 9, Xiangtou
West Road, Yixing City, Jiangsu Province, China.
Shenzhen Winthought Tech, Room 223, Zhong Xing Industrial City, Chuangye Road, Nanshan District,
Shenzhen, China.
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82 FR [INSERT Federal Register PAGE NUMBER]
April 6, 2017.
82 FR [INSERT Federal Register PAGE NUMBER]
April 6, 2017.
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Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
Country
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HONG KONG
Listed person and address
Federal Register citation and date of publication
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Brilliance Technology Ltd, a.k.a., Brilliance Technology 79 FR 34220, June 16, 2014. 82 FR [INSERT Federal
Group, Flat A, 11/F, Adolfo Mansion, 114–116 Austin
Register PAGE NUMBER] April 6, 2017.
Road, Tsim Sha Tsui, Yau Tsim Mong, Hong Kong;
and Rm. 1203, 12/F, Hip Kwan Commercial Bldg., 38
Pitt Street, Yau Ma Tei, Yau Tsim Mong, Hong Kong.
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Ling Ao Electronic Technology Co. Ltd., a.k.a. Voyage
Technology (HK) Co. Ltd., a.k.a. Xuan Qi Technology
Co., Ltd.
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80 FR 4779, January 29, 2015.
80 FR 60529, October 7, 2015.
82 FR [INSERT Federal Register PAGE NUMBER]
April 6, 2017.
Room 17, 7/F, Metro Centre Phase 1, No. 32 Lam Hing
St., Kowloon Bay, Kwun Tong, Hong Kong; and
15B, 15/F, Cheuk Nang Plaza, 250 Hennessy Road,
Wanchai, Hong Kong; and
Flat C, 11/F, Block No. 2, Camelpaint Bldg. 62 Hoi
Yuen Street, Kwun Tong, Kowloon, Hong Kong; and
Room C1–D, 6/F, Wing Hing Industrial Building 14 Hing
Yip Street, Kwun Tong, Kowloon, Hong Kong; and
Flat/Rm. A30, 9/F Silvercorp International Tower, 707–
713 Nathan Road, Mongkok, Kowloon, Hong Kong;
and
Room, 912A, 9/F. Witty Commercial Building, 1A–1L
Tung Choi Street, Mongkok, Kowloon, Hong Kong;
and
Unit A, 7/F, King Yip Factory Bldg., 59 King Yip Street,
Kwun Tong, Kowloon, Hong Kong.
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LEBANON ............................ Al Ghayth Trade and Transport, 1st Floor, Bohsali
Bldg., Beirut Port Street, Beirut, Lebanon.
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UNITED ARAB EMIRATES
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82 FR [INSERT Federal Register PAGE NUMBER]
April 6, 2017.
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Blue Wing General Trading, Damas Tower #506, Al 82 FR [INSERT Federal Register PAGE NUMBER]
Maktoum Road, Dubai, UAE.
April 6, 2017.
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Dated: March 29, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
*
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Federal Food, Drug, and Cosmetic Act
(FD&C Act).
DATES: The waivers are effective as of
April 6, 2017.
FOR FURTHER INFORMATION CONTACT:
Michael Kashtock, Center for Food
Safety and Applied Nutrition, Food and
Drug Administration, 5001 Campus Dr.,
College Park, MD 20740, 240–402–2022,
Michael.Kashtock@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–06857 Filed 4–5–17; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
I. Background
21 CFR Part 1
[Docket No. FDA–2013–N–0013]
Waivers From Requirements of the
Sanitary Transportation of Human and
Animal Food Rule
AGENCY:
Food and Drug Administration,
HHS.
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ACTION:
Notification.
The Food and Drug
Administration (FDA, Agency, or we) is
publishing three waivers from the
requirements of the Sanitary
Transportation of Human and Animal
Food (the Sanitary Transportation rule).
The Agency is taking this action in
accord with the requirements of the
SUMMARY:
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18:09 Apr 05, 2017
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In a proposed rule published on
February 5, 2014 (79 FR 7006), entitled
‘‘Sanitary Transportation of Human and
Animal Food,’’ the Agency announced
that it had tentatively determined that,
in accordance with the provisions of
section 416 (21 U.S.C. 350e) of the
FD&C Act,1 it would be appropriate to
waive the applicable provisions of the
rule, if finalized as proposed, with
1 Section 416(d) of the FD&C Act states that the
Secretary of Health and Human Services may waive
any requirement under this section, with respect to
any class of persons, vehicles, food, or nonfood
products, if the Secretary determines that the
waiver will not result in the transportation of food
under conditions that would be unsafe for human
or animal health; and will not be contrary to the
public interest.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
*
*
respect to the following classes of
persons:
• Shippers, carriers, and receivers
who hold valid permits and are
inspected under the National
Conference on Interstate Milk
Shipments Grade ‘‘A’’ Milk Safety
Program, only when engaged in
transportation operations involving
Grade ‘‘A’’ milk and milk products and
• Food establishments holding valid
permits, only when engaged in
transportation operations as receivers,
or as shippers and carriers in operations
in which food is relinquished to
consumers after transportation from the
establishment.
We requested comment regarding
whether these proposed waivers could
result in the transportation of food
under conditions that would be unsafe
for human or animal health, or could be
contrary to the public interest. We did
not receive any comments with
information indicating that these
waivers would lead to these outcomes.
We published the final rule on April 6,
2016 (81 FR 20091), and established an
effective date of June 6, 2016, but did
not finalize the proposed waivers at that
time, stating that we intended to do so
prior to the rule’s initial compliance
E:\FR\FM\06APR1.SGM
06APR1
]]>Agencies
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)]
[Rules and Regulations]
[Pages 16730-16733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06857]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 170105022-7022-01]
RIN 0694-AH29
Revisions to the Unverified List (UVL)
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by adding six (6) persons to
the Unverified List (the ``Unverified List'' or UVL); revising two
addresses and adding an alternate name, or a.k.a., for one (1) person
currently listed on the UVL; and revising three addresses, adding three
additional addresses, and adding an alternate name, or a.k.a, for one
(1) person currently listed on the UVL. The six persons are being added
to the UVL on the basis that BIS could not verify their bona fides
because an end-use check could not be completed satisfactorily for
reasons outside the U.S. Government's control. Two addresses are
revised for one person currently listed on the UVL to add the official
Hong Kong district name. In addition, this rule adds an alternate name
for this person. This rule also revises three addresses for an
additional person currently listed on the UVL to add the official Hong
Kong district names and correct a previous error. Finally, this rule
adds three additional addresses and an alternate name for this person,
as BIS has determined this person is receiving U.S. exports at
additional addresses and using an additional name.
DATES: Effective date: This rule is effective: April 6, 2017.
FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of
Enforcement Analysis, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-4255 or by email at UVLRequest@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Unverified List, found in Supplement No. 6 to Part 744 to the
EAR, contains the names and addresses of foreign persons who are or
have been parties to a transaction, as that term is described in Sec.
748.5 of the EAR, involving the export, reexport, or transfer (in-
country) of items subject to the EAR, and whose bona fides BIS has been
unable to verify through an end-use check. BIS may add persons to the
UVL when BIS or federal officials acting on BIS's behalf have been
unable to verify a foreign person's bona fides (i.e., legitimacy and
reliability relating to the end use and end user of items subject to
the EAR) because an end-use check, such as a pre-license check (PLC) or
a post-shipment verification (PSV), cannot be completed satisfactorily
for such purposes for reasons outside the U.S. Government's control.
[[Page 16731]]
End-use checks cannot be completed for a number of reasons,
including reasons unrelated to the cooperation of the foreign party
subject to the end-use check. For example, BIS sometimes initiates end-
use checks and cannot find a foreign party at the address indicated on
export documents, and cannot locate the party by telephone or email.
Additionally, BIS sometimes is unable to conduct end-use checks when
host government agencies do not respond to requests to conduct end-use
checks, are prevented from scheduling such checks by a party to the
transaction other than the foreign party that is the proposed subject
of the end-use check or refuse to schedule them in a timely manner.
Under these circumstances, although BIS has an interest in informing
the public of its inability to verify the foreign party's bona fides,
there may not be sufficient information to add the foreign persons at
issue to the Entity List under Sec. 744.11 of the EAR (Criteria for
revising the Entity List). In such circumstances, BIS may add the
foreign persons to the UVL.
Furthermore, BIS sometimes conducts end-use checks but cannot
verify the bona fides of a foreign party. For example, BIS may be
unable to verify bona fides if during the conduct of an end-use check a
recipient of items subject to the EAR is unable to produce those items
for visual inspection or provide sufficient documentation or other
evidence to confirm the disposition of those items. The inability of
foreign persons subject to end-use checks to demonstrate their bona
fides raises concerns about the suitability of such persons as
participants in future exports, reexports, or transfers (in-country) of
items subject to the EAR and indicates a risk that such items may be
diverted to prohibited end uses and/or end users. However, BIS may not
have sufficient information to establish that such persons are involved
in activities described in part 744 of the EAR, preventing the
placement of the persons on the Entity List. In such circumstances, the
foreign persons may be added to the Unverified List.
As provided in Sec. 740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec. 744.15(b) of the EAR, there is a
requirement for exporters, reexporters, and transferors to obtain (and
keep a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports and transfers (in-country) are not subject to a
license requirement.
Requests for removal of a UVL entry must be made in accordance with
Sec. 744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL listings will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of its bona fides.
Changes to the EAR
Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'')
This rule adds six (6) persons to the UVL by amending Supplement
No. 6 to Part 744 of the EAR to include their names and addresses. BIS
adds these persons in accordance with the criteria for revising the UVL
set forth in Sec. 744.15(c) of the EAR. The new entries consist of
three persons located in China and one person located in each of the
following countries or territories: Azerbaijan, Lebanon, and the United
Arab Emirates. Each listing is grouped within the UVL by country with
each party's name(s) listed in alphabetical order under the country;
each entry includes available alias(es) and address(es), as well as the
Federal Register citation and the date the person was added to the UVL.
The UVL is included in the Consolidated Screening List, available at
www.export.gov.
This rule also revises two addresses for one person currently
listed on the UVL, Brilliance Technology Ltd., to add the official Hong
Kong district name. In addition, BIS is adding an alternate name for
Brilliance Technology Ltd., as BIS has determined this person is doing
business as Brilliance Technology Group. Additionally, this rule
revises two addresses for Ling Ao Electronic Technology Co., Ltd.,
which is currently listed on the UVL, to add the official Hong Kong
district name. BIS is revising a third address for this person to
correct a previous error in the street name and to add the name of the
building in which this person is located. BIS is also adding three
additional addresses for Ling Ao Electronic Technology Co., Ltd., as
BIS has determined this person is receiving U.S. exports at these
addresses. Finally, BIS is adding Xuan Qi Technology Co., Ltd. as an
alternate name for Ling Ao Electronic Technology Co., Ltd.
Savings Clause
Shipments (1) removed from license exception eligibility or that
are now subject to requirements in Sec. 744.15 of the EAR as a result
of this regulatory action; (2) eligible for export, reexport, or
transfer (in-country) without a license before this regulatory action;
and (3) on dock for loading, on lighter, laden aboard an exporting
carrier, or en route aboard a carrier to a port of export, on April 6,
2017, pursuant to actual orders, may proceed to that UVL listed person
under the previous license exception eligibility or without a license
so long as the items have been exported from the United States,
reexported or transferred (in-country) before May 8, 2017. Any such
items not actually exported, reexported or transferred (in-country)
before midnight on May 8, 2017 are subject to the requirements in Sec.
744.15 of the EAR in accordance with this regulation.
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March
13, 2013), and as extended by the Notice of August 4, 2016, 81 FR 52587
(August 8, 2016) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
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 as amended by Executive Order 13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
2. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable to this
rule, which is adding 6 persons, revising 2 addresses and adding an
alternate name, or a.k.a. for 1 person currently listed on the UVL, and
revising 3 addresses, adding 3 new addresses, and adding an alternate
[[Page 16732]]
name, or a.k.a. for 1 other person currently listed on the UVL, because
this regulation involves military or foreign affairs under 5 U.S.C.
553(a)(1). BIS implements this rule to protect U.S. national security
or foreign policy interests by requiring a license or, where no license
is required, a UVL statement for items being exported, reexported, or
transferred (in country) involving a party or parties to the
transaction who are listed on the UVL. If this rule were delayed to
allow for notice and comment and a delay in effective date, the
entities being added to the UVL by this action, the entities now
operating under an alternate name, and the entities whose addresses
were revised would continue to be able to receive items without
additional oversight by BIS and to conduct activities contrary to the
national security or foreign policy interests of the United States. In
addition, publishing a proposed rule would give these parties notice of
the U.S. Government's intention to place them on the UVL or amend their
current entry on the UVL, and create an incentive for these persons to
accelerate receiving items subject to the EAR in furtherance of
activities contrary to the national security or foreign policy
interests of the United States, and/or take steps to set up additional
aliases, change addresses, and other measures to try to limit the
impact of the listing 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. Accordingly, no regulatory
flexibility analysis is required and none has been prepared.
3. Notwithstanding any other provision of law, no person is
required to respond to, nor is 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 the following control
numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137.
This rule slightly increases public burden in a collection of
information approved by OMB under control number 0694-0088, which
authorizes, among other things, export license applications. The
removal of license exceptions for listed persons on the Unverified List
will result in increased license applications being submitted to BIS by
exporters. Total burden hours associated with the Paperwork Reduction
Act and OMB control number 0694-0088 are expected to increase
minimally, as the suspension of license exceptions will only affect
transactions involving persons listed on the Unverified List and not
all export transactions. Because license exceptions are restricted from
use, this rule decreases public burden in a collection of information
approved by OMB under control number 0694-0137 minimally, as this will
only affect specific individual listed persons. The increased burden
under 0694-0088 is reciprocal to the decrease of burden under 0694-
0137, and results in no change of burden to the public. This rule also
increases public burden in a collection of information under OMB
control number 0694-0122, as a result of the exchange of UVL statements
between private parties, and under OMB control number 0694-0134, as a
result of appeals from persons listed on the UVL for removal of their
listing. The total increase in burden hours associated with both of
these collections is expected to be minimal, as they involve a limited
number of persons listed on the UVL.
4. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
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 through 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. 4601 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 August 4, 2016, 81 FR 52587
(August 8, 2016); Notice of September 15, 2016, 81 FR 64343
(September 19, 2016); Notice of November 8, 2016, 81 FR 79379
(November 10, 2016); Notice of January 13, 2017, 82 FR 6165 (January
18, 2017).
0
2. Supplement No. 6 to Part 744 is amended by:
0
a. Adding one entry, in alphabetical order, for ``Azerbaijan'';
0
b. Adding three entries, in alphabetical order, under ``China'';
0
c. Revising the entries for ``Brilliance Technology Ltd'' and ``Ling Ao
Electronic Technology Co. Ltd.'' under ``Hong Kong'';
0
d. Adding one entry, in alphabetical order, for ``Lebanon''; and
0
e. Adding one entry, in alphabetical order, under ``United Arab
Emirates''.
The additions and revisions read as follows:
Supplement No. 6 to Part 744--Unverified List
* * * * *
------------------------------------------------------------------------
Federal Register
Country Listed person and citation and date of
address publication
------------------------------------------------------------------------
AZERBAIJAN.................. Caspian Oil Montaj, 82 FR [INSERT
Office 39, Block B, Federal Register
30 Kaverochkin PAGE NUMBER] April
Street, Baku, 6, 2017.
Azerbaijan.
* * * * * * *
CHINA....................... ARI International, 82 FR [INSERT
Ltd., Room 1208, Federal Register
Block B, Jiangsu PAGE NUMBER] April
Building, No. 6013 6, 2017.
Yitian Road, Futian
District, Shenzhen,
China.
* * * * * * *
Jiangsu HNHB 82 FR [INSERT
Equipment Co., Federal Register
Ltd., No. 9, PAGE NUMBER] April
Xiangtou West Road, 6, 2017.
Yixing City,
Jiangsu Province,
China.
Shenzhen Winthought 82 FR [INSERT
Tech, Room 223, Federal Register
Zhong Xing PAGE NUMBER] April
Industrial City, 6, 2017.
Chuangye Road,
Nanshan District,
Shenzhen, China.
[[Page 16733]]
* * * * * * *
HONG KONG * * * * *
Brilliance 79 FR 34220, June
Technology Ltd, 16, 2014. 82 FR
a.k.a., Brilliance [INSERT Federal
Technology Group, Register PAGE
Flat A, 11/F, NUMBER] April 6,
Adolfo Mansion, 114- 2017.
116 Austin Road,
Tsim Sha Tsui, Yau
Tsim Mong, Hong
Kong; and Rm. 1203,
12/F, Hip Kwan
Commercial Bldg.,
38 Pitt Street, Yau
Ma Tei, Yau Tsim
Mong, Hong Kong.
* * * * * * *
Ling Ao Electronic 80 FR 4779, January
Technology Co. 29, 2015.
Ltd., a.k.a. Voyage 80 FR 60529, October
Technology (HK) Co. 7, 2015.
Ltd., a.k.a. Xuan 82 FR [INSERT
Qi Technology Co., Federal Register
Ltd. PAGE NUMBER] April
6, 2017.
Room 17, 7/F, Metro ....................
Centre Phase 1, No.
32 Lam Hing St.,
Kowloon Bay, Kwun
Tong, Hong Kong;
and
15B, 15/F, Cheuk ....................
Nang Plaza, 250
Hennessy Road,
Wanchai, Hong Kong;
and
Flat C, 11/F, Block ....................
No. 2, Camelpaint
Bldg. 62 Hoi Yuen
Street, Kwun Tong,
Kowloon, Hong Kong;
and
Room C1-D, 6/F, Wing ....................
Hing Industrial
Building 14 Hing
Yip Street, Kwun
Tong, Kowloon, Hong
Kong; and
Flat/Rm. A30, 9/F ....................
Silvercorp
International
Tower, 707-713
Nathan Road,
Mongkok, Kowloon,
Hong Kong; and
Room, 912A, 9/F. ....................
Witty Commercial
Building, 1A-1L
Tung Choi Street,
Mongkok, Kowloon,
Hong Kong; and
Unit A, 7/F, King ....................
Yip Factory Bldg.,
59 King Yip Street,
Kwun Tong, Kowloon,
Hong Kong.
* * * * * * *
LEBANON..................... Al Ghayth Trade and 82 FR [INSERT
Transport, 1st Federal Register
Floor, Bohsali PAGE NUMBER] April
Bldg., Beirut Port 6, 2017.
Street, Beirut,
Lebanon.
* * * * * * *
UNITED ARAB EMIRATES * * * * *
Blue Wing General 82 FR [INSERT
Trading, Damas Federal Register
Tower #506, Al PAGE NUMBER] April
Maktoum Road, 6, 2017.
Dubai, UAE.
* * * * * * *
------------------------------------------------------------------------
Dated: March 29, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2017-06857 Filed 4-5-17; 8:45 am]
BILLING CODE 3510-33-P
