Foreign-Trade Zone 64-Jacksonville, Florida, Application for Reorganization (Expansion of Service Area) Under Alternative Site Framework, 70779-70780 [2022-25269]

Download as PDF Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices utility, and clarity of the information to be collected; and (d) Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology. Comments that you submit in response to this notice are a matter of public record. We will include, or summarize, each comment in our request to OMB to approve this ICR. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Sheleen Dumas, Department PRA Clearance Officer, Office of the Chief Information Officer, Commerce Department. [FR Doc. 2022–25316 Filed 11–18–22; 8:45 am] BILLING CODE 3510–07–P DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–51–2022] lotter on DSK11XQN23PROD with NOTICES1 Foreign-Trade Zone 39—Dallas/Fort Worth, Texas, Application for Reorganization and Expansion Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Dallas/Fort Worth international Airport Board, grantee of Foreign-Trade Zone 39, requesting authority to reorganize the zone to expand its service area and to include a new usage-driven site under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usagedriven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on November 15, 2022. FTZ 39 was approved by the FTZ Board on August 17, 1978 (Board Order 133, 43 FR 37478, August 23, 1978), VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 reorganized under the ASF on January 15, 2010 (Board Order 1660, 75 FR 4355, January 27, 2010), and expanded the ASF service area on May 16, 2014 (Board Order 1939, 79 FR 30079, May 27, 2014). The zone currently has a service area that includes Dallas, Tarrant, Kaufman, Collin, Grayson, Denton and Hunt Counties, Texas. The applicant is now requesting authority to expand the service area of the zone to include Hill County, as described in the application. If approved, the grantee would be able to serve sites throughout the expanded service area based on companies’ needs for FTZ designation. The application indicates that the proposed expanded service area is adjacent to the Dallas/ Fort Worth Customs and Border Protection Port of Entry. The applicant is also requesting to expand its zone to include an additional usage-driven site: Proposed Site 34 (127 acres)—Frontier Support Logistics facilities located at 201, 350, 401 and 788 Industrial Loop Boulevard in Hillsboro, Hill County. In accordance with the FTZ Board’s regulations, Camille Evans of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is January 20, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 6, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Camille Evans at Camille.Evans@ trade.gov. Dated: November 15, 2022. Andrew McGilvray, Executive Secretary. [FR Doc. 2022–25268 Filed 11–18–22; 8:45 am] BILLING CODE 3510–DS–P PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 70779 DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B–52–2022] Foreign-Trade Zone 64—Jacksonville, Florida, Application for Reorganization (Expansion of Service Area) Under Alternative Site Framework An application has been submitted to the Foreign-Trade Zones (FTZ) Board by the Jacksonville Port Authority, grantee of Foreign-Trade Zone 64, requesting authority to reorganize the zone to expand its service area under the alternative site framework (ASF) adopted by the FTZ Board (15 CFR 400.2(c)). The ASF is an option for grantees for the establishment or reorganization of zones and can permit significantly greater flexibility in the designation of new subzones or ‘‘usagedriven’’ FTZ sites for operators/users located within a grantee’s ‘‘service area’’ in the context of the FTZ Board’s standard 2,000-acre activation limit for a zone. The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a–81u), and the regulations of the FTZ Board (15 CFR part 400). It was formally docketed on November 15, 2022. FTZ 64 was approved by the FTZ Board on December 29, 1980 (Board Order 170, 46 FR 1330, January 6, 1981) and reorganized under the ASF on May 6, 2011 (Board Order 1759, 76 FR 28418, May 17, 2011). The ASF service area was expanded on July 5, 2012 (Board Order 1840, 77 FR 41374, July 13, 2012) and on March 15, 2019 (Board Order 2080, 84 FR 10298, March 20, 2019). The zone currently has a service area that includes Baker, Bradford, Clay, Columbia, Duval, Flagler, Nassau, Putnam and St. Johns Counties, Florida. The applicant is now requesting authority to expand the service area of the zone to include a portion of Alachua County, Florida, as described in the application. If approved, the grantee would be able to serve sites throughout the expanded service area based on companies’ needs for FTZ designation. The application indicates that the proposed expanded service area is adjacent to the Jacksonville, Florida U.S. Customs and Border Protection Port of Entry. In accordance with the FTZ Board’s regulations, Christopher Kemp of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board. Public comment is invited from interested parties. Submissions shall be E:\FR\FM\21NON1.SGM 21NON1 70780 Federal Register / Vol. 87, No. 223 / Monday, November 21, 2022 / Notices addressed to the FTZ Board’s Executive Secretary and sent to: ftz@trade.gov. The closing period for their receipt is January 20, 2023. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to February 6, 2023. A copy of the application will be available for public inspection in the ‘‘Online FTZ Information Section’’ section of the FTZ Board’s website, which is accessible via www.trade.gov/ ftz. For further information, contact Christopher Kemp at Christopher.Kemp@trade.gov. interest to prevent an imminent violation of the Regulations. The order was issued ex parte pursuant to Section 766.24(a) of the Regulations and was effective upon issuance.2 On October 24, 2022, BIS, through OEE, submitted a written request for renewal of the TDO that issued on May 20, 2022. The written request was made more than 20 days before the TDO’s scheduled expiration. A copy of the renewal request was sent to Rossiya in accordance with Sections 766.5 and 766.24(d) of the Regulations. No opposition to the renewal of the TDO has been received. Dated: November 15, 2022. Andrew McGilvray, Executive Secretary. II. Renewal of the TDO [FR Doc. 2022–25269 Filed 11–18–22; 8:45 am] BILLING CODE 3510–DS–P DEPARTMENT OF COMMERCE Bureau of Industry and Security Rossiya Airlines, Pilotov St 18–4, St. Petersburg, Russia, 196210 Order Renewing Temporary Denial of Export Privileges Pursuant to Section 766.24 of the Export Administration Regulations, 15 CFR parts 730–774 (2021) (‘‘EAR’’ or ‘‘the Regulations’’),1 I hereby grant the request of the Office of Export Enforcement (‘‘OEE’’) to renew the temporary denial order (‘‘TDO’’) issued in this matter on May 20, 2022. I find that renewal of this order is necessary in the public interest to prevent an imminent violation of the Regulations. lotter on DSK11XQN23PROD with NOTICES1 I. Procedural History On May 20, 2022, I signed an order denying the export privileges of Rossiya Airlines (‘‘Rossiya’’) for a period of 180 days on the ground that issuance of the order was necessary in the public 1 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which includes the Export Control Reform Act of 2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While Section 1766 of ECRA repeals the provisions of the Export Administration Act, 50 U.S.C. App. § 2401 et seq. (‘‘EAA’’), (except for three sections which are inapplicable here), Section 1768 of ECRA provides, in pertinent part, that all orders, rules, regulations, and other forms of administrative action that were made or issued under the EAA, including as continued in effect pursuant to to the International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s date of enactment (August 13, 2018), shall continue in effect according to their terms until modified, superseded, set aside, or revoked through action undertaken pursuant to the authority provided under ECRA. Moreover, Section 1761(a)(5) of ECRA authorizes the issuance of temporary denial orders. 50 U.S.C. 4820(a)(5). VerDate Sep<11>2014 21:25 Nov 18, 2022 Jkt 259001 A. Legal Standard Pursuant to Section 766.24, BIS may issue an order temporarily denying a respondent’s export privileges upon a showing that the order is necessary in the public interest to prevent an ‘‘imminent violation’’ of the Regulations, or any order, license or authorization issued thereunder. 15 CFR 766.24(b)(1) and 766.24(d). ‘‘A violation may be ‘imminent’ either in time or degree of likelihood.’’ 15 CFR 766.24(b)(3). BIS may show ‘‘either that a violation is about to occur, or that the general circumstances of the matter under investigation or case under criminal or administrative charges demonstrate a likelihood of future violations.’’ Id. As to the likelihood of future violations, BIS may show that the violation under investigation or charge ‘‘is significant, deliberate, covert and/or likely to occur again, rather than technical or negligent[.]’’ Id. A ‘‘lack of information establishing the precise time a violation may occur does not preclude a finding that a violation is imminent, so long as there is sufficient reason to believe the likelihood of a violation.’’ Id. B. The TDO and BIS’s Request for Renewal The U.S. Commerce Department, through BIS, responded to the Russian Federation’s (‘‘Russia’s’’) further invasion of Ukraine by implementing a sweeping series of stringent export controls that severely restrict Russia’s access to technologies and other items that it needs to sustain its aggressive military capabilities. These controls primarily target Russia’s defense, aerospace, and maritime sectors and are intended to cut off Russia’s access to vital technological inputs, atrophy key sectors of its industrial base, and undercut Russia’s strategic ambitions to 2 The TDO was published in the Federal Register on May 25, 2022 (87 FR 31856). PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 exert influence on the world stage. Effective February 24, 2022, BIS imposed expansive controls on aviationrelated (e.g., Commerce Control List Categories 7 and 9) items to Russia, including a license requirement for the export, reexport or transfer (in-country) to Russia of any aircraft or aircraft parts specified in Export Control Classification Number (ECCN) 9A991 (Section 746.8(a)(1) of the EAR).3 BIS will review any export or reexport license applications for such items under a policy of denial. See Section 746.8(b). Effective March 2, 2022, BIS excluded any aircraft registered in, owned, or controlled by, or under charter or lease by Russia or a national of Russia from being eligible for license exception Aircraft, Vessels, and Spacecraft (AVS) (Section 740.15 of the EAR).4 Accordingly, any U.S.-origin aircraft or foreign aircraft that includes more than 25% controlled U.S.-origin content, and that is registered in, owned, or controlled by, or under charter or lease by Russia or a national of Russia, is subject to a license requirement before it can travel to Russia. OEE’s request for renewal is based upon the facts underlying the issuance of the initial TDO and the evidence developed over the course of this investigation, which indicate a blatant disregard for U.S. export controls, as well as the TDO. Specifically, the initial TDO, issued on May 20, 2022, was based on evidence that Rossiya engaged in conduct prohibited by the Regulations by operating multiple aircraft subject to the EAR and classified under ECCN 9A991.b on flights into Russia after March 2, 2022, from destinations including but not limited to, Hurghada, Egypt; Sharm el-Sheikh, Egypt; Dubai, United Arab Emirates; and Sharjah, United Arab Emirates, without the required BIS authorization.5 Further evidence submitted by BIS indicated that Rossiya was continuing to operate aircraft subject to the EAR domestically 3 87 FR 12226 (Mar. 3, 2022). Additionally, BIS published a final rule effective April 8, 2022, which imposed licensing requirements on items controlled on the Commerce Control List (‘‘CCL’’) under Categories 0–2 that are destined for Russia or Belarus. Accordingly, now all CCL items require export, reexport, and transfer (in-country) licenses if destined for or within Russia or Belarus. 87 FR 22130 (Apr. 14, 2022). 4 87 FR 13048 (Mar. 8, 2022). 5 Publicly available flight tracking information shows that on March 8, 2022, serial number (SN) 27650 flew from Hurghada, Egypt to Moscow, Russia. On March 6, 2022, SN 41212 flew from Sharm el-Sheikh, Egypt to St. Petersburg, Russia and SN 44435 flew from Dubai, United Arab Emirates to St. Petersburg, Russia. In addition, on March 7, 2022, SN 41202 flew from Sharjah, United Arab Emirates to Moscow, Russia. E:\FR\FM\21NON1.SGM 21NON1

Agencies

[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70779-70780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25269]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Foreign-Trade Zones Board

[B-52-2022]


Foreign-Trade Zone 64--Jacksonville, Florida, Application for 
Reorganization (Expansion of Service Area) Under Alternative Site 
Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) 
Board by the Jacksonville Port Authority, grantee of Foreign-Trade Zone 
64, requesting authority to reorganize the zone to expand its service 
area under the alternative site framework (ASF) adopted by the FTZ 
Board (15 CFR 400.2(c)). The ASF is an option for grantees for the 
establishment or reorganization of zones and can permit significantly 
greater flexibility in the designation of new subzones or ``usage-
driven'' FTZ sites for operators/users located within a grantee's 
``service area'' in the context of the FTZ Board's standard 2,000-acre 
activation limit for a zone. The application was submitted pursuant to 
the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the 
regulations of the FTZ Board (15 CFR part 400). It was formally 
docketed on November 15, 2022.
    FTZ 64 was approved by the FTZ Board on December 29, 1980 (Board 
Order 170, 46 FR 1330, January 6, 1981) and reorganized under the ASF 
on May 6, 2011 (Board Order 1759, 76 FR 28418, May 17, 2011). The ASF 
service area was expanded on July 5, 2012 (Board Order 1840, 77 FR 
41374, July 13, 2012) and on March 15, 2019 (Board Order 2080, 84 FR 
10298, March 20, 2019). The zone currently has a service area that 
includes Baker, Bradford, Clay, Columbia, Duval, Flagler, Nassau, 
Putnam and St. Johns Counties, Florida.
    The applicant is now requesting authority to expand the service 
area of the zone to include a portion of Alachua County, Florida, as 
described in the application. If approved, the grantee would be able to 
serve sites throughout the expanded service area based on companies' 
needs for FTZ designation. The application indicates that the proposed 
expanded service area is adjacent to the Jacksonville, Florida U.S. 
Customs and Border Protection Port of Entry.
    In accordance with the FTZ Board's regulations, Christopher Kemp of 
the FTZ Staff is designated examiner to evaluate and analyze the facts 
and information presented in the application and case record and to 
report findings and recommendations to the FTZ Board.
    Public comment is invited from interested parties. Submissions 
shall be

[[Page 70780]]

addressed to the FTZ Board's Executive Secretary and sent to: 
[email protected]. The closing period for their receipt is January 20, 
2023. Rebuttal comments in response to material submitted during the 
foregoing period may be submitted during the subsequent 15-day period 
to February 6, 2023.
    A copy of the application will be available for public inspection 
in the ``Online FTZ Information Section'' section of the FTZ Board's 
website, which is accessible via www.trade.gov/ftz. For further 
information, contact Christopher Kemp at [email protected].

    Dated: November 15, 2022.
Andrew McGilvray,
Executive Secretary.
[FR Doc. 2022-25269 Filed 11-18-22; 8:45 am]
BILLING CODE 3510-DS-P
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