Addition of Certain Persons and Revisions to Entries on the Entity List, 24242-24248 [2017-10804]
Download as PDF
24242
Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations
National Archives and Records
Administration (NARA). For
information on the availability of FAA
Order 7400.11A at NARA, call (202)
741–6030, or go to https://
www.archives.gov/federal_register/
code_of_federal-regulations/ibr_
locations.html.
FAA Order 7400.11, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15.
FOR FURTHER INFORMATION CONTACT: Ron
Laster, Federal Aviation Administration,
Contract Support, Operations Support
Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX
76177; telephone (817) 222–5879.
SUPPLEMENTARY INFORMATION:
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
controlled airspace at Kingsville NAS,
Kingsville, TX.
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History
On March 27, 2017, the FAA
published in the Federal Register a
notice of proposed rulemaking (NPRM)
to modify Class D airspace at Kingsville
NAS, Kingsville, TX (82 FR 15172).
Interested parties were invited to
participate in this rulemaking effort by
submitting written comments on the
proposal to the FAA. No comments
were received.
Class D airspace designations are
published in paragraph 5000, of FAA
Order 7400.11A, dated August 3, 2016,
and effective September 15, 2016, which
is incorporated by reference in 14 CFR
part 71.1. The Class D airspace
designation listed in this document will
be published subsequently in the Order.
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11A, Airspace Designations and
Reporting Points, dated August 3, 2016,
and effective September 15, 2016. FAA
Order 7400.11A is publicly available as
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17:49 May 25, 2017
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listed in the ADDRESSES section of this
document. FAA Order 7400.11A lists
Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting
points.
List of Subjects in 14 CFR Part 71
The Rule
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
The FAA is finalizing this amendment
to Title 14 Code of Federal Regulations
(14 CFR) part 71 by modifying Class D
airspace extending up to and including
2,500 feet MSL within a 4.3-mile radius
of Kingsville NAS by removing the area
within two miles each side of the 200
degree bearing from the Kingsville RBN
extending from the 4.3-mile radius to
4.9 miles south of the airport. This
action also updates the geographic
coordinates of the airport to be in
concert with the FAA’s aeronautical
database.
Airspace reconfiguration is necessary
due to the decommissioning of the RBN
and cancellation of the RBN approach,
and enhances the safety and
management of standard instrument
approach procedures for IFR operations
at the airport.
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, and
effective September 15, 2016, is
amended as follows:
■
Paragraph 6000
Class D Airspace Areas.
Regulatory Notices and Analyses
*
*
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, would not have a
significant economic impact on a
substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
ASW TX D Kingsville, TX [Amended]
Kingsville Naval Air Station (NAS), TX
(Lat. 27°30′16″ N., long. 97°48′30″ W.)
Kingsville TACAN
(Lat. 27°29′57″ N., long. 97°48′20″ W.)
That airspace extends upward from the
surface to and including 2,500 feet MSL
within a 4.3-mile radius of Kingsville NAS,
and within 1.3 miles each side of the 191°
radial of the Kingsville TACAN extending
from the 4.3-mile radius to 4.9 miles south
of the airport.
Environmental Review
15 CFR Part 744
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5.a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
[Docket No. 170303229–7229–01]
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Issued in Fort Worth, Texas on May 11,
2017.
Walter Tweedy,
Acting Manager, Operations Support Group,
ATO Central Service Center.
[FR Doc. 2017–10429 Filed 5–25–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
RIN 0694–AH36
Addition of Certain Persons and
Revisions to Entries on the Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
SUMMARY:
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Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations
adding sixteen persons to the Entity
List. The sixteen persons who are added
to the Entity List have been determined
by the U.S. Government to be acting
contrary to the national security or
foreign policy interests of the United
States. These sixteen persons will be
listed on the Entity List under the
destinations of Pakistan, Turkey and the
United Arab Emirates. This final rule is
also modifying two existing entries in
the Entity List under the destinations of
China and Hong Kong.
DATES:
This rule is effective May 26,
2017.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Email: ERC@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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Background
The Entity List (15 CFR, subchapter C,
part 744, Supplement No. 4) identifies
entities and other persons reasonably
believed to be involved, or to pose a
significant risk of being or becoming
involved, in activities contrary to the
national security or foreign policy
interests of the United States. The
Export Administration Regulations
(EAR) (15 CFR, subchapter C, parts 730–
774) imposes additional license
requirements on, and limits the
availability of most license exceptions
for, exports, reexports, and transfers (incountry) to those listed. The license
review policy for each listed entity or
other person is identified in the License
Review Policy column on the Entity
List, and the impact on the availability
of license exceptions is described in the
relevant Federal Register notice adding
entities or other persons to the Entity
List. BIS places entities and other
persons on the Entity List pursuant to
part 744 (Control Policy: End-User and
End-Use Based) and part 746
(Embargoes and Other Special Controls)
of the EAR.
The End-User Review Committee
(ERC), composed of representatives of
the Departments of Commerce (Chair),
State, Defense, Energy and, where
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 makes all
decisions to remove or modify an entry
by unanimous vote.
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ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of
the ERC to add sixteen persons to the
Entity List. These sixteen persons are
being added 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 sixteen
entries added to the Entity List consist
of eleven entries located in Pakistan,
three entries in Turkey and two entries
in the United Arab Emirates (UAE).
The ERC reviewed § 744.11(b)
(Criteria for revising the Entity List) in
making the determination to add these
sixteen persons to the Entity List. Under
that paragraph, persons for whom there
is reasonable cause to believe, based on
specific and articulable facts, that they
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
provide an illustrative list of activities
that could be contrary to the national
security or foreign policy interests of the
United States.
Of the eleven entries that are being
added to the Entity List under the
destination of Pakistan, the ERC
determined that nine of the entities—
MSN International, Creative Dynamics
Engineering, FACO Trading, Interscan,
Micado, Premier International, Sumico
Technologies, Oriental Engineers and
Imam Group—are government,
parastatal and private entities involved
in activities that are contrary to the
national security and/or foreign policy
interests of the United States. The ERC
determined that for one entity, KMA
International Import and Export Co.,
information is available indicating that
the company is acting and procuring
items on behalf of Abdul Qader Khan
Research Laboratories (AQKRL). AQKRL
was added to the Entity list on
November 19, 1998 (63 FR 64322).
One of the Pakistani entities, Makkays
Hi-Tech Systems, is being added to the
Entity List, along with two persons
under the destination of the UAE,
Euromoto Middle East FZE and its
owner, Talaat Mehmood. The ERC
determined that Makkays Hi-Tech
Systems directed Euromoto Middle East
FZE and Talaat Mehmood to supply
U.S.-origin items, without obtaining the
necessary licenses, to Pakistan’s
Advanced Engineering Research
Organization (AERO). AERO was added
to the Entity List on September 18, 2014
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(79 FR 5999), based on its involvement
in the procurement of sensitive U.S.
technology in support of Pakistan’s
development of its missile and strategic
unmanned aerial vehicle (UAV)
programs.
This final rule also adds three persons
located in the destination of Turkey—
ERA Metalurji San. Ve Tic. Ltd. Sti.,
Mehmet Cingi and Cenk Ozturk—to the
Entity List. These persons are being
added on the basis of their involvement
in the reexportation of U.S.-origin metal
alloy powders with aerospace, missile
and nuclear applications to Iran without
the required license, in violation of both
the EAR and the Department of the
Treasury’s Iranian Transactions and
Sanctions Regulations (ITSR).
Pursuant to § 744.11(b) of the EAR,
the ERC determined that the conduct of
these sixteen persons raises sufficient
concern that prior review of exports,
reexports or transfers (in-country) of all
items subject to the EAR involving these
persons, and the possible imposition of
license conditions or license denials on
shipments to the persons, will enhance
BIS’s ability to prevent violations of the
EAR.
For the sixteen persons added to the
Entity List, BIS imposes a license
requirement for all items subject to the
EAR, and a license review policy of
presumption of denial. The license
requirements apply to any transaction in
which items are to be exported,
reexported, or transferred (in-country) to
any of the persons or in which such
persons act as purchaser, intermediate
consignee, ultimate consignee, or enduser. In addition, no license exceptions
are available for exports, reexports, or
transfers (in-country) to the persons
being added to the Entity List in this
rule. The acronym ‘‘a.k.a.’’ (also known
as) is used in entries on the Entity List
to identify aliases and help exporters,
reexporters and transferors to better
identify persons on the Entity List.
This final rule adds the following
sixteen persons to the Entity List:
Pakistan
(1) Creative Dynamics Engineering,
a.k.a., the following one alias:
—Creative Dynamics.
66/1–M Block 6, PECHS, Karachi,
Sindh 75400, Pakistan;
(2) FACO Trading,
204, Bank & Business Centre Near
Duty Free Shop off Shahrah-eFaisal, Karachi, Sindh, Pakistan;
(3) Imam Group, a.k.a., the following
one alias:
—Pana Communication Inc.
Plot No. 227, St. No. 7, Sector I–9/2,
Industrial Area, Near Dry Port,
Islamabad, Pakistan; and 70-East
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A.A. Plaza, Mezz. Floor Blue Area,
Islamabad 44000, Capital, Pakistan;
(4) Interscan,
Sattar Villa B, 32/1–C–1 Block-6,
P.E.C.H.S., Karachi 75400i, Singh,
Pakistan;
(5) KMA International Import and
Export Co.,
Sector I–8/4, House No. 460, Street
No. 105, Islamabad 44000, Pakistan;
(6) Makkays Hi-Tech Systems, a.k.a., the
following one alias:
—Zaib Electronics.
Block 14 Civic Centre, G–6 Markaz,
Islamabad, Pakistan; and Kulsum
Plaza, 42 Jinnah Avenue,
Islamabad, Pakistan; and Basement
Khyber Plaza, Barma Town, near
Barma Bridge, Lehtrar Road; and
House No. 675, Street No. 19, G–9/
3, Islamabad, Pakistan;
(7) Micado,
40–C, Block-6, P.E.C.H.S., Shahrah-eFaisal, Karachi, Singh, Pakistan;
(8) MSN International,
Office No. 32/37, 1st Floor, Behind
NBP, Aslam Market, Wah Cantt,
Pakistan;
(9) Oriental Engineers,
11–B Main Gulberg, Lahore, Pakistan;
(10) Premier International, a.k.a., the
following one alias:
—Align Impex.
Suite E–2, E-Market, DHA EME
Sector, Multan Road, Lahore-54500,
Pakistan; and Suite 22 1st Floor
Lodhi Arcade, 42 Ferozpur Road,
Lahore, Pakistan; and
(11) Sumico Technologies,
185–J–1, Muhammad Ali Johar Town,
Lahore, Pakistan; and House #307–
B Upper Floor Main Margalla Road,
F–11/3 Islamabad, Pakistan; and
House #E–26 Block A Railway
Society, Gulshan-E-Jamal, Karachi,
Pakistan.
International Free (SAIF) Zone,
Sharjah, UAE; and
(2) Talaat Mehmood,
Q–4 136 Warehouse, Sharjah Airport
International Free (SAIF) Zone,
Sharjah, UAE; and Q1–08–051/B,
Sharjah Airport International Free
(SAIF) Zone, Sharjah, UAE; and
P.O. Box 121826, Sharjah Airport
International Free (SAIF) Zone,
Sharjah, UAE.
Turkey
(1) Xianfa Lin, a.k.a., the following one
alias:
—Alpha Lam.
Room 1041 Pacific Trade Center No.
2 Kai Hing Road, Kowloon Bay,
Hong Kong (See alternate address
under China).
(1) Cenk Ozturk,
Aktepe Sanayi Sitesi, Kinalikar Sokak,
Orta Mahalle No. 19, Orhanli—
Tuzla, Istanbul, Turkey;
(2) ERA Metalurji San. Ve Tic. Ltd. Sti.,
Aktepe Sanayi Sitesi, Kinalikar Sokak,
Orta Mahalle No. 19, Orhanli—
Tuzla, Istanbul, Turkey; and
(3) Mehmet Cingi,
Aktepe Sanayi Sitesi, Kinalikar Sokak,
Orta Mahalle No. 19, Orhanli—
Tuzla, Istanbul, Turkey.
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United Arab Emirates
(1) Euromoto Middle East FZE,
Q–4 136 Warehouse, Sharjah Airport
International Free (SAIF) Zone,
Sharjah, UAE; and Q1–08–051/B,
Sharjah Airport International Free
(SAIF) Zone, Sharjah, UAE; and
P.O. Box 121826, Sharjah Airport
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Modifications to Entries on the Entity
List
This final rule implements a decision
of the ERC to modify two existing
entries on the Entity List under the
destinations of China and Hong Kong.
The modifications include the addition
of the name Xianfa Lin to two existing
entries and the identification of the
previously listed name (Alpha Lam) in
these entries as an alias. This final rule
does not make any other changes to
these two entries, except for revising the
Federal Register citation column to
reflect this modification. The license
requirement for these two existing
entries remains for all items subject to
the EAR and the license review policy
remains a presumption of denial.
This final rule makes the following
revisions to two entries on the Entity
List:
China
(1) Xianfa Lin, a.k.a., the following one
alias:
—Alpha Lam.
15H Office Building, Buji Central
Plaza, Jihua Road, Buji Longgang,
Shenzhen, China (See alternate
address under Hong Kong).
Hong Kong
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
May 26, 2017, 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).
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Export Administration Act of 1979
Although the Export Administration
Act of 1979 expired on August 20, 2001,
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 (15 U.S.C. 1701 et seq.). BIS
continues to carry out the provisions of
the Export Administration Act of 1979,
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 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 43.8 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@
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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. For the sixteen persons added to
the Entity List in this final rule, the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking, the
opportunity for public participation and
a 30-day delay in effective date are
inapplicable, because this regulation
involves a military or foreign affairs
function of the United States (5 U.S.C.
553(a)(1)). BIS implementation of this
rule is necessary to protect U.S. national
security or foreign policy interests by
preventing items from being exported,
reexported, or transferred (in-country) to
the persons being added to the Entity
List. If this rule were delayed to allow
for notice and comment and a delay in
effective date, the entities being added
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, publishing a
proposed rule would give these parties
notice of the U.S. Government’s
intention to place them on the Entity
List, which could create an incentive for
these persons 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, including
taking 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 is
Country
*
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues to read as follows:
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Presumption of denial.
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79 FR 32445, 6/5/14.
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
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Federal Register
citation
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For all items subject to the EAR.
(See § 744.11 of the EAR).
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License
review policy
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License
requirement
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Supplement No. 4 to Part 744—Entity
List
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;
Xianfa Lin, a.k.a., the following
alias:
—Alpha Lam.
15H Office Building, Buji Central
Plaza, Jihua Road, Buji
Longgang, Shenzhen, China
(See alternate address under
Hong Kong).
*
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HONG KONG ............
2. Supplement No. 4 to part 744 is
amended:
■ a. By revising, under China, People’s
Republic of, one Chinese entity ‘‘Alpha
Lam, 15H Office Building, Buji Central
Plaza, Jihua Road, Buji Longgang,
Shenzhen, China (See alternate address
under Hong Kong)’’;
■ b. By revising, under Hong Kong, one
Hong Kong entity ‘‘Alpha Lam, Room
1041 Pacific Trade Center No. 2 Kai
Hing Road, Kowloon Bay, Hong Kong
(See alternate address under China)’’;
■ c. By adding, under Pakistan, in
alphabetical order, eleven Pakistani
entities;
■ d. By adding, under Turkey, in
alphabetical order, three Turkish
entities; and
■ e. By adding, under the United Arab
Emirates, in alphabetical order, two
Emirati entities.
The additions and revisions read as
follows:
■
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:
Entity
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CHINA, PEOPLE’s
REPUBLIC OF.
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).
published. Further, no other law
requires that a notice of proposed
rulemaking and an opportunity for
public comment be given for this rule.
5. The Department finds that there is
good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the
Administrative Procedure Act (APA)
requiring prior notice and the
opportunity for public comment for the
two modifications included in this rule
because, as described above, they are
impracticable and are contrary to the
public interest. In addition, these two
changes are limited to the addition of
the name of an entity on the Entity List
under two entries, which will assist the
public in more easily identifying this
listed person on the Entity List.
6. 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.
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26MYR1
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*
24246
Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations
Entity
License
requirement
Xianfa Lin, a.k.a., the following
alias:
—Alpha Lam.
Room 1041 Pacific Trade Center No. 2 Kai Hing Road,
Kowloon Bay, Hong Kong
(See alternate address under
China).
*
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
Country
mstockstill on DSK30JT082PROD with RULES
*
PAKISTAN .................
VerDate Sep<11>2014
*
*
*
*
Creative Dynamics Engineering,
a.k.a., the following one alias:
—Creative Dynamics.
66/1–M Block 6, PECHS, Karachi, Sindh 75400, Pakistan.
*
*
FACO Trading,
204, Bank & Business Centre
Near Duty Free Shop off
Shahrah-e-Faisal,
Karachi,
Sindh, Pakistan.
*
*
Imam Group, a.k.a., the following one alias:
—Pana Communication Inc.
Plot No. 227, St. No. 7, Sector
I–9/2, Industrial Area, Near
Dry Port, Islamabad, Pakistan; and 70-East A.A. Plaza,
Mezz. Floor Blue Area,
Islamabad 44000, Capital,
Pakistan.
Interscan,
Sattar Villa B, 32/1–C–1 Block6,
P.E.C.H.S.,
Karachi
75400i, Singh, Pakistan.
*
*
KMA International Import and
Export Co.,
Sector I–8/4, House No. 460,
Street No. 105, Islamabad
44000, Pakistan.
*
*
Makkays Hi-Tech Systems,
a.k.a., the following one alias:
—Zaib Electronics.
Block 14 Civic Centre, G–6
Markaz, Islamabad, Pakistan;
and Kulsum Plaza, 42 Jinnah
Avenue, Islamabad, Pakistan;
and Basement Khyber Plaza,
Barma Town, near Barma
Bridge, Lehtrar Road; and
House No. 675, Street No. 19
, G–9/3, Islamabad, Pakistan.
*
*
Micado,
40–C,
Block-6,
P.E.C.H.S.,
Shahrah-e-Faisal,
Karachi,
Singh, Pakistan.
*
*
MSN International,
Office No. 32/37, 1st Floor, Behind NBP, Aslam Market,
Wah Cantt, Pakistan.
*
*
Oriental Engineers,
11–B Main Gulberg, Lahore,
Pakistan.
*
*
17:49 May 25, 2017
Jkt 241001
PO 00000
License
review policy
*
Federal Register
citation
Presumption of denial
*
79 FR 32445, 6/5/14.
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
*
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
*
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
For all items subject to the EAR.
(See § 744.11 of the EAR).
Presumption of denial
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
Frm 00036
*
Fmt 4700
Sfmt 4700
*
E:\FR\FM\26MYR1.SGM
*
26MYR1
24247
Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations
Entity
License
requirement
Premier International, a.k.a., the
following one alias:
—Align Impex.
Suite E–2, E-Market, DHA EME
Sector, Multan Road, Lahore54500, Pakistan; and Suite
22 1st Floor Lodhi Arcade, 42
Ferozpur Road, Lahore, Pakistan.
*
*
Sumico Technologies,
185–J–1, Muhammad Ali Johar
Town, Lahore, Pakistan; and
House #307–B Upper Floor
Main Margalla Road, F–11/3
Islamabad, Pakistan; and
House #E–26 Block A Railway
Society,
Gulshan-EJamal, Karachi, Pakistan.
*
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
Country
*
TURKEY ....................
mstockstill on DSK30JT082PROD with RULES
*
UNITED ARAB EMIRATES.
*
*
*
*
Cenk Ozturk,
Aktepe Sanayi Sitesi, Kinalikar
Sokak, Orta Mahalle No. 19,
Orhanli-Tuzla, Istanbul, Turkey.
ERA Metalurji San. Ve Tic. Ltd.
Sti.,
Aktepe Sanayi Sitesi, Kinalikar
Sokak, Orta Mahalle No. 19,
Orhanli-Tuzla, Istanbul, Turkey.
*
*
Mehmet Cingi,
Aktepe Sanayi Sitesi, Kinalikar
Sokak, Orta Mahalle No. 19,
Orhanli-Tuzla, Istanbul, Turkey.
*
*
*
*
VerDate Sep<11>2014
*
17:49 May 25, 2017
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
PO 00000
*
*
*
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
*
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
Presumption of denial
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
*
*
*
*
*
For all items subject to the EAR.
(See § 744.11 of the EAR).
*
*
*
*
Presumption of denial
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
*
*
For all items subject to the EAR. Presumption of denial
(See § 744.11 of the EAR).
*
82 FR [INSERT FR
PAGE NUMBER
AND 5/26/17].
*
Jkt 241001
*
*
*
Euromoto Middle East FZE,
Q–4 136 Warehouse, Sharjah
Airport
International
Free
(SAIF) Zone, Sharjah, UAE;
and Q1–08–051/B, Sharjah
Airport
International
Free
(SAIF) Zone, Sharjah, UAE;
and
P.O.
Box
121826,
Sharjah Airport International
Free (SAIF) Zone, Sharjah,
UAE.
*
*
Talaat Mehmood,
Q–4 136 Warehouse, Sharjah
Airport
International
Free
(SAIF) Zone, Sharjah, UAE;
and Q1–08–051/B, Sharjah
Airport
International
Free
(SAIF) Zone, Sharjah, UAE;
and
P.O.
Box
121826,
Sharjah Airport International
Free (SAIF) Zone, Sharjah,
UAE.
*
*
Federal Register
citation
Presumption of denial
*
*
License
review policy
*
*
Frm 00037
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*
26MYR1
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24248
Federal Register / Vol. 82, No. 101 / Friday, May 26, 2017 / Rules and Regulations
Dated: May 22, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2017–10804 Filed 5–25–17; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0443]
Drawbridge Operation Regulation;
Charles River, Boston, MA
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Massachusetts
Department of Transportation (Craigie)
Bridge across the Charles River, mile
1.0, at Boston, Massachusetts. This
deviation is necessary in order to
facilitate an annual fireworks display
and allows the bridge to remain in the
closed position for two hours.
DATES: This deviation is effective from
11 p.m. on July 4, 2017 to 1 a.m. on July
5, 2017.
ADDRESSES: The docket for this
deviation, USCG–2017–0443 is available
at https://www.regulations.gov. Type the
docket number in the ‘‘SEARCH’’ box
and click ‘‘SEARCH’’. Click on Open
Docket Folder on the line associated
with this deviation.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email James L.
Rousseau, Senior Bridge Management
Specialist, First District Bridge Branch,
U.S. Coast Guard; telephone 617–223–
8619, email james.l.rousseau2@
uscg.mil.
SUPPLEMENTARY INFORMATION: The owner
of the bridge, the Massachusetts
Department of Transportation, requested
a temporary deviation from the normal
operating schedule to facilitate a public
fireworks event.
The Massachusetts Department of
Transportation (Craigie Bridge), mile
1.0, across the Charles River, has a
vertical clearance of 5 feet at mean high
water and 15 feet at mean low water in
the closed position. The existing
drawbridge operating regulations are
listed at 33 CFR 117.591(e).
This temporary deviation will allow
the bridge to remain closed from 11 p.m.
July 4, 2017 to 1 a.m. on July 5, 2017.
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
17:49 May 25, 2017
Jkt 241001
The waterway is used primarily by
seasonal recreational vessels and
occasional small commercial traffic.
Coordination with waterway users has
indicated no objections to this shortterm closure of the draw.
Vessels that can pass under the bridge
without an opening may do so at all
times. The bridge will be able to open
for emergencies. There is no alternate
route for vessels to pass.
The Coast Guard will also inform the
users of the waterways through our
Local and Broadcast Notices to Mariners
of the change in operating schedule for
the bridge so that vessel operators can
arrange their transits to minimize any
impact caused by the temporary
deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: May 23, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–10855 Filed 5–25–17; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2017–0449]
Drawbridge Operation Regulation;
Lake Champlain, North Hero Island, VT
Coast Guard, DHS.
Notice of deviation from
drawbridge regulation.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the US2 Bridge
across Lake Champlain, mile 91.8,
between North Hero and South Hero
Island, Vermont. This deviation is
necessary to extend the operating life of
the drawbridge until a replacement
bridge is constructed. This deviation
allows the bridge to open only on the
hour during the day for the 2017 boating
season.
DATES: This deviation is effective
without actual notice from May 26, 2017
through 8 p.m. on October 15, 2016. For
the purposes of enforcement, actual
notice will be used from May 18, 2017,
until May 26, 2017.
ADDRESSES: The docket for this
deviation, USCG–2017–0449, is
SUMMARY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 9990
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH’’.
Click on Open Docket Folder on the line
associated with this deviation.
If
you have questions on this temporary
deviation, call or email Jeffrey Stieb;
Bridge Management Specialist, First
Coast Guard District, telephone 617–
223–8364, email Jeffrey.D.Stieb@
uscg.mil.
FOR FURTHER INFORMATION CONTACT:
The bridge
owner, Vermont Agency of
Transportation, requested a temporary
deviation from the normal operating
schedule of the US2 Bridge, mile 91.8,
across Lake Champlain at North Hero
Island, Vermont. The drawbridge
navigation span has a vertical clearance
of 18 feet at ordinary high water in the
closed position. The existing bridge
operating regulations are found at 33
CFR 117.993(b). The waterway is
transited by seasonal recreational
vessels of various sizes. Several marina
facilities are in the area of the bridge.
In response to the request, the Coast
Guard’s First District has approved a
deviation from 8 a.m. on May 18, 2017
to 8 p.m. on October 15, 2017, to
conduct repairs to extend the life of the
machinery which operates the
drawbridge. During this deviation, the
US2 Bridge shall open on signal only on
the hour from 8 a.m. to 8 p.m.
Vessels that are able to pass under the
bridge in the closed position may do so
at anytime. The bridge will be able to
open for emergencies, and for vessels
unable to pass through the bridge in the
closed position there is an alternate
route to the north under the Alburg
Passage US2 fixed bridge. The Alburg
Passage US2 Bridge has a vertical
clearance of 26 feet at ordinary high
water. The Coast Guard will inform the
users of the waterway through our Local
Notice and Broadcast Notice to Mariners
of the change in operating schedule so
that vessel operators can arrange their
transits to minimize any impact caused
by the temporary deviation.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
deviation. This deviation from the
operating regulations is authorized
under 33 CFR 117.35.
SUPPLEMENTARY INFORMATION:
Dated: May 23, 2017.
C.J. Bisignano,
Supervisory Bridge Management Specialist,
First Coast Guard District.
[FR Doc. 2017–10899 Filed 5–25–17; 8:45 am]
BILLING CODE 9110–04–P
E:\FR\FM\26MYR1.SGM
26MYR1
Agencies
[Federal Register Volume 82, Number 101 (Friday, May 26, 2017)]
[Rules and Regulations]
[Pages 24242-24248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10804]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 170303229-7229-01]
RIN 0694-AH36
Addition of Certain Persons and Revisions to Entries on the
Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by
[[Page 24243]]
adding sixteen persons to the Entity List. The sixteen persons who are
added to the Entity List have been determined by the U.S. Government to
be acting contrary to the national security or foreign policy interests
of the United States. These sixteen persons will be listed on the
Entity List under the destinations of Pakistan, Turkey and the United
Arab Emirates. This final rule is also modifying two existing entries
in the Entity List under the destinations of China and Hong Kong.
DATES: This rule is effective May 26, 2017.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (15 CFR, subchapter C, part 744, Supplement No. 4)
identifies entities and other persons reasonably believed to be
involved, or to pose a significant risk of being or becoming involved,
in activities contrary to the national security or foreign policy
interests of the United States. The Export Administration Regulations
(EAR) (15 CFR, subchapter C, parts 730-774) imposes additional license
requirements on, and limits the availability of most license exceptions
for, exports, reexports, and transfers (in-country) to those listed.
The license review policy for each listed entity or other person is
identified in the License Review Policy column on the Entity List, and
the impact on the availability of license exceptions is described in
the relevant Federal Register notice adding entities or other persons
to the Entity List. BIS places entities and other persons on the Entity
List pursuant to part 744 (Control Policy: End-User and End-Use Based)
and part 746 (Embargoes and Other Special Controls) of the EAR.
The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, where
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
makes 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 sixteen persons
to the Entity List. These sixteen persons are being added 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 sixteen entries added to the Entity List
consist of eleven entries located in Pakistan, three entries in Turkey
and two entries in the United Arab Emirates (UAE).
The ERC reviewed Sec. 744.11(b) (Criteria for revising the Entity
List) in making the determination to add these sixteen persons to the
Entity List. Under that paragraph, persons for whom there is reasonable
cause to believe, based on specific and articulable facts, that they
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 provide an illustrative
list of activities that could be contrary to the national security or
foreign policy interests of the United States.
Of the eleven entries that are being added to the Entity List under
the destination of Pakistan, the ERC determined that nine of the
entities--MSN International, Creative Dynamics Engineering, FACO
Trading, Interscan, Micado, Premier International, Sumico Technologies,
Oriental Engineers and Imam Group--are government, parastatal and
private entities involved in activities that are contrary to the
national security and/or foreign policy interests of the United States.
The ERC determined that for one entity, KMA International Import and
Export Co., information is available indicating that the company is
acting and procuring items on behalf of Abdul Qader Khan Research
Laboratories (AQKRL). AQKRL was added to the Entity list on November
19, 1998 (63 FR 64322).
One of the Pakistani entities, Makkays Hi-Tech Systems, is being
added to the Entity List, along with two persons under the destination
of the UAE, Euromoto Middle East FZE and its owner, Talaat Mehmood. The
ERC determined that Makkays Hi-Tech Systems directed Euromoto Middle
East FZE and Talaat Mehmood to supply U.S.-origin items, without
obtaining the necessary licenses, to Pakistan's Advanced Engineering
Research Organization (AERO). AERO was added to the Entity List on
September 18, 2014 (79 FR 5999), based on its involvement in the
procurement of sensitive U.S. technology in support of Pakistan's
development of its missile and strategic unmanned aerial vehicle (UAV)
programs.
This final rule also adds three persons located in the destination
of Turkey--ERA Metalurji San. Ve Tic. Ltd. Sti., Mehmet Cingi and Cenk
Ozturk--to the Entity List. These persons are being added on the basis
of their involvement in the reexportation of U.S.-origin metal alloy
powders with aerospace, missile and nuclear applications to Iran
without the required license, in violation of both the EAR and the
Department of the Treasury's Iranian Transactions and Sanctions
Regulations (ITSR).
Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that the
conduct of these sixteen persons raises sufficient concern that prior
review of exports, reexports or transfers (in-country) of all items
subject to the EAR involving these persons, and the possible imposition
of license conditions or license denials on shipments to the persons,
will enhance BIS's ability to prevent violations of the EAR.
For the sixteen persons added to the Entity List, BIS imposes a
license requirement for all items subject to the EAR, and a license
review policy of presumption of denial. The license requirements apply
to any transaction in which items are to be exported, reexported, or
transferred (in-country) to any of the persons or in which such persons
act as purchaser, intermediate consignee, ultimate consignee, or end-
user. In addition, no license exceptions are available for exports,
reexports, or transfers (in-country) to the persons being added to the
Entity List in this rule. The acronym ``a.k.a.'' (also known as) is
used in entries on the Entity List to identify aliases and help
exporters, reexporters and transferors to better identify persons on
the Entity List.
This final rule adds the following sixteen persons to the Entity
List:
Pakistan
(1) Creative Dynamics Engineering, a.k.a., the following one alias:
--Creative Dynamics.
66/1-M Block 6, PECHS, Karachi, Sindh 75400, Pakistan;
(2) FACO Trading,
204, Bank & Business Centre Near Duty Free Shop off Shahrah-e-
Faisal, Karachi, Sindh, Pakistan;
(3) Imam Group, a.k.a., the following one alias:
--Pana Communication Inc.
Plot No. 227, St. No. 7, Sector I-9/2, Industrial Area, Near Dry
Port, Islamabad, Pakistan; and 70-East
[[Page 24244]]
A.A. Plaza, Mezz. Floor Blue Area, Islamabad 44000, Capital, Pakistan;
(4) Interscan,
Sattar Villa B, 32/1-C-1 Block-6, P.E.C.H.S., Karachi 75400i,
Singh, Pakistan;
(5) KMA International Import and Export Co.,
Sector I-8/4, House No. 460, Street No. 105, Islamabad 44000,
Pakistan;
(6) Makkays Hi-Tech Systems, a.k.a., the following one alias:
--Zaib Electronics.
Block 14 Civic Centre, G-6 Markaz, Islamabad, Pakistan; and Kulsum
Plaza, 42 Jinnah Avenue, Islamabad, Pakistan; and Basement Khyber
Plaza, Barma Town, near Barma Bridge, Lehtrar Road; and House No. 675,
Street No. 19, G-9/3, Islamabad, Pakistan;
(7) Micado,
40-C, Block-6, P.E.C.H.S., Shahrah-e-Faisal, Karachi, Singh,
Pakistan;
(8) MSN International,
Office No. 32/37, 1st Floor, Behind NBP, Aslam Market, Wah Cantt,
Pakistan;
(9) Oriental Engineers,
11-B Main Gulberg, Lahore, Pakistan;
(10) Premier International, a.k.a., the following one alias:
--Align Impex.
Suite E-2, E-Market, DHA EME Sector, Multan Road, Lahore-54500,
Pakistan; and Suite 22 1st Floor Lodhi Arcade, 42 Ferozpur Road,
Lahore, Pakistan; and
(11) Sumico Technologies,
185-J-1, Muhammad Ali Johar Town, Lahore, Pakistan; and House #307-
B Upper Floor Main Margalla Road, F-11/3 Islamabad, Pakistan; and House
#E-26 Block A Railway Society, Gulshan-E-Jamal, Karachi, Pakistan.
Turkey
(1) Cenk Ozturk,
Aktepe Sanayi Sitesi, Kinalikar Sokak, Orta Mahalle No. 19,
Orhanli--Tuzla, Istanbul, Turkey;
(2) ERA Metalurji San. Ve Tic. Ltd. Sti.,
Aktepe Sanayi Sitesi, Kinalikar Sokak, Orta Mahalle No. 19,
Orhanli--Tuzla, Istanbul, Turkey; and
(3) Mehmet Cingi,
Aktepe Sanayi Sitesi, Kinalikar Sokak, Orta Mahalle No. 19,
Orhanli--Tuzla, Istanbul, Turkey.
United Arab Emirates
(1) Euromoto Middle East FZE,
Q-4 136 Warehouse, Sharjah Airport International Free (SAIF) Zone,
Sharjah, UAE; and Q1-08-051/B, Sharjah Airport International Free
(SAIF) Zone, Sharjah, UAE; and P.O. Box 121826, Sharjah Airport
International Free (SAIF) Zone, Sharjah, UAE; and
(2) Talaat Mehmood,
Q-4 136 Warehouse, Sharjah Airport International Free (SAIF) Zone,
Sharjah, UAE; and Q1-08-051/B, Sharjah Airport International Free
(SAIF) Zone, Sharjah, UAE; and P.O. Box 121826, Sharjah Airport
International Free (SAIF) Zone, Sharjah, UAE.
Modifications to Entries on the Entity List
This final rule implements a decision of the ERC to modify two
existing entries on the Entity List under the destinations of China and
Hong Kong. The modifications include the addition of the name Xianfa
Lin to two existing entries and the identification of the previously
listed name (Alpha Lam) in these entries as an alias. This final rule
does not make any other changes to these two entries, except for
revising the Federal Register citation column to reflect this
modification. The license requirement for these two existing entries
remains for all items subject to the EAR and the license review policy
remains a presumption of denial.
This final rule makes the following revisions to two entries on the
Entity List:
China
(1) Xianfa Lin, a.k.a., the following one alias:
--Alpha Lam.
15H Office Building, Buji Central Plaza, Jihua Road, Buji Longgang,
Shenzhen, China (See alternate address under Hong Kong).
Hong Kong
(1) Xianfa Lin, a.k.a., the following one alias:
--Alpha Lam.
Room 1041 Pacific Trade Center No. 2 Kai Hing Road, Kowloon Bay,
Hong Kong (See alternate address under China).
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 May 26, 2017, 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).
Export Administration Act of 1979
Although the Export Administration Act of 1979 expired on August
20, 2001, 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 (15 U.S.C. 1701 et seq.). BIS continues to carry out the
provisions of the Export Administration Act of 1979, 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 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
43.8 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@
[[Page 24245]]
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. For the sixteen persons added to the Entity List in this final
rule, the provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking, the opportunity for public
participation and a 30-day delay in effective date are inapplicable,
because this regulation involves a military or foreign affairs function
of the United States (5 U.S.C. 553(a)(1)). BIS implementation of this
rule is necessary to protect U.S. national security or foreign policy
interests by preventing items from being exported, reexported, or
transferred (in-country) to the persons being added to the Entity List.
If this rule were delayed to allow for notice and comment and a delay
in effective date, the entities being added 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, publishing a
proposed rule would give these parties notice of the U.S. Government's
intention to place them on the Entity List, which could create an
incentive for these persons 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,
including taking 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 is published. Further, no other law
requires that a notice of proposed rulemaking and an opportunity for
public comment be given for this rule.
5. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act (APA) requiring prior notice and the opportunity for public comment
for the two modifications included in this rule because, as described
above, they are impracticable and are contrary to the public interest.
In addition, these two changes are limited to the addition of the name
of an entity on the Entity List under two entries, which will assist
the public in more easily identifying this listed person on the Entity
List.
6. 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.
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]
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. 4 to part 744 is amended:
0
a. By revising, under China, People's Republic of, one Chinese entity
``Alpha Lam, 15H Office Building, Buji Central Plaza, Jihua Road, Buji
Longgang, Shenzhen, China (See alternate address under Hong Kong)'';
0
b. By revising, under Hong Kong, one Hong Kong entity ``Alpha Lam, Room
1041 Pacific Trade Center No. 2 Kai Hing Road, Kowloon Bay, Hong Kong
(See alternate address under China)'';
0
c. By adding, under Pakistan, in alphabetical order, eleven Pakistani
entities;
0
d. By adding, under Turkey, in alphabetical order, three Turkish
entities; and
0
e. By adding, under the United Arab Emirates, in alphabetical order,
two Emirati entities.
The additions and revisions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Federal Register
Country Entity License requirement License review policy citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
CHINA, PEOPLE's REPUBLIC OF....... * * * * * *
Xianfa Lin, a.k.a., the For all items subject to the EAR. Presumption of denial. 79 FR 32445, 6/5/14.
following alias: (See Sec. 744.11 of the EAR). 82 FR [INSERT FR PAGE
--Alpha Lam. NUMBER AND 5/26/17].
15H Office Building, Buji
Central Plaza, Jihua Road,
Buji Longgang, Shenzhen, China
(See alternate address under
Hong Kong).
* * * * * *
* * * * * * *
HONG KONG......................... * * * * * *
[[Page 24246]]
Xianfa Lin, a.k.a., the For all items subject to the EAR. Presumption of denial 79 FR 32445, 6/5/14.
following alias: (See Sec. 744.11 of the EAR). 82 FR [INSERT FR PAGE
--Alpha Lam. NUMBER AND 5/26/17].
Room 1041 Pacific Trade Center
No. 2 Kai Hing Road, Kowloon
Bay, Hong Kong (See alternate
address under China).
* * * * * *
* * * * * * *
PAKISTAN.......................... * * * * * *
Creative Dynamics Engineering, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
a.k.a., the following one (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
alias:
--Creative Dynamics.
66/1-M Block 6, PECHS, Karachi,
Sindh 75400, Pakistan.
* * * * * *
FACO Trading, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
204, Bank & Business Centre (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Near Duty Free Shop off
Shahrah-e-Faisal, Karachi,
Sindh, Pakistan.
* * * * * *
Imam Group, a.k.a., the For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
following one alias: (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
--Pana Communication Inc.
Plot No. 227, St. No. 7, Sector
I-9/2, Industrial Area, Near
Dry Port, Islamabad, Pakistan;
and 70-East A.A. Plaza, Mezz.
Floor Blue Area, Islamabad
44000, Capital, Pakistan.
Interscan, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Sattar Villa B, 32/1-C-1 Block- (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
6, P.E.C.H.S., Karachi 75400i,
Singh, Pakistan.
* * * * * *
KMA International Import and For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Export Co., (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Sector I-8/4, House No. 460,
Street No. 105, Islamabad
44000, Pakistan.
* * * * * *
Makkays Hi-Tech Systems, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
a.k.a., the following one (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
alias:
--Zaib Electronics.
Block 14 Civic Centre, G-6
Markaz, Islamabad, Pakistan;
and Kulsum Plaza, 42 Jinnah
Avenue, Islamabad, Pakistan;
and Basement Khyber Plaza,
Barma Town, near Barma Bridge,
Lehtrar Road; and House No.
675, Street No. 19 , G-9/3,
Islamabad, Pakistan.
* * * * * *
Micado, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
40-C, Block-6, P.E.C.H.S., (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Shahrah-e-Faisal, Karachi,
Singh, Pakistan.
* * * * * *
MSN International, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Office No. 32/37, 1st Floor, (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Behind NBP, Aslam Market, Wah
Cantt, Pakistan.
* * * * * *
Oriental Engineers, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
11-B Main Gulberg, Lahore, (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Pakistan.
* * * * * *
[[Page 24247]]
Premier International, a.k.a., For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
the following one alias: (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
--Align Impex.
Suite E-2, E-Market, DHA EME
Sector, Multan Road, Lahore-
54500, Pakistan; and Suite 22
1st Floor Lodhi Arcade, 42
Ferozpur Road, Lahore,
Pakistan.
* * * * * *
Sumico Technologies, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
185-J-1, Muhammad Ali Johar (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Town, Lahore, Pakistan; and
House #307-B Upper Floor Main
Margalla Road, F-11/3
Islamabad, Pakistan; and House
#E-26 Block A Railway Society,
Gulshan-E-Jamal, Karachi,
Pakistan.
* * * * * *
* * * * * * *
TURKEY............................ * * * * * *
Cenk Ozturk, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Aktepe Sanayi Sitesi, Kinalikar (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Sokak, Orta Mahalle No. 19,
Orhanli-Tuzla, Istanbul,
Turkey.
ERA Metalurji San. Ve Tic. Ltd. For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Sti., (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Aktepe Sanayi Sitesi, Kinalikar
Sokak, Orta Mahalle No. 19,
Orhanli-Tuzla, Istanbul,
Turkey.
* * * * * *
Mehmet Cingi, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Aktepe Sanayi Sitesi, Kinalikar (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Sokak, Orta Mahalle No. 19,
Orhanli-Tuzla, Istanbul,
Turkey.
* * * * * *
* * * * * * *
UNITED ARAB EMIRATES.............. * * * * * *
Euromoto Middle East FZE, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Q-4 136 Warehouse, Sharjah (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Airport International Free
(SAIF) Zone, Sharjah, UAE; and
Q1-08-051/B, Sharjah Airport
International Free (SAIF)
Zone, Sharjah, UAE; and P.O.
Box 121826, Sharjah Airport
International Free (SAIF)
Zone, Sharjah, UAE.
* * * * * *
Talaat Mehmood, For all items subject to the EAR. Presumption of denial 82 FR [INSERT FR PAGE
Q-4 136 Warehouse, Sharjah (See Sec. 744.11 of the EAR). NUMBER AND 5/26/17].
Airport International Free
(SAIF) Zone, Sharjah, UAE; and
Q1-08-051/B, Sharjah Airport
International Free (SAIF)
Zone, Sharjah, UAE; and P.O.
Box 121826, Sharjah Airport
International Free (SAIF)
Zone, Sharjah, UAE.
* * * * * *
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 24248]]
Dated: May 22, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2017-10804 Filed 5-25-17; 8:45 am]
BILLING CODE 3510-33-P