Reorganization of Foreign-Trade Zone 29 (Expansion of Service Area) Under Alternative Site Framework; Louisville, Kentucky, 66802 [2023-21188]
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Federal Register / Vol. 88, No. 187 / Thursday, September 28, 2023 / Notices
(3) Email: program.intake@usda.gov.
USDA is an equal opportunity
provider, employer, and lender.
Christopher A. McLean,
Acting Administrator, Rural Utilities Service,
USDA Rural Development.
[FR Doc. 2023–21129 Filed 9–27–23; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 2151]
ddrumheller on DSK120RN23PROD with NOTICES1
Reorganization of Foreign-Trade Zone
29 (Expansion of Service Area) Under
Alternative Site Framework; Louisville,
Kentucky
Pursuant to its authority under the
Foreign-Trade Zones Act of June 18,
1934, as amended (19 U.S.C. 81a–81u),
the Foreign-Trade Zones Board (the
Board) adopts the following Order:
Whereas, the Foreign-Trade Zones
(FTZ) Act provides for ‘‘. . . the
establishment . . . of foreign-trade
zones in ports of entry of the United
States, to expedite and encourage
foreign commerce, and for other
purposes,’’ and authorizes the Board to
grant to qualified corporations the
privilege of establishing foreign-trade
zones in or adjacent to U.S. Customs
and Border Protection ports of entry;
Whereas, the Board adopted the
alternative site framework (ASF) (15
CFR 400.2(c)) as an option for the
establishment or reorganization of
zones;
Whereas, the Louisville & Jefferson
County Riverport Authority, grantee of
Foreign-Trade Zone 29, submitted an
application to the Board (FTZ Docket B–
3–2023, docketed January 9, 2023) for
authority to expand the service area of
the zone to include Christian, Todd,
Logan, Simpson, Warren, Allen, and
Barren Counties, Kentucky and to
include two additional subzones (for
Southern Kentucky Warehousing &
Fulfillment, LLC and Envision AESC
Bowling Green LLC), as described in the
application, adjacent to the Nashville
Customs and Border Protection port of
entry;
Whereas, notice inviting public
comment was given in the Federal
Register (88 FR 2322–2323, January 13,
2023) and the application has been
processed pursuant to the FTZ Act and
the Board’s regulations; and,
Whereas, the Board adopts the
findings and recommendations of the
examiner’s report, and finds that the
requirements of the FTZ Act and the
Board’s regulations would be satisfied if
VerDate Sep<11>2014
18:09 Sep 27, 2023
Jkt 259001
approval is limited to the proposed
subzone for Envision AESC Bowling
Green LLC;
Now, therefore, the Board hereby
approves subzone status at the facility of
Envision AESC Bowling Green LLC,
located in Bowling Green, Kentucky
(Subzone 29T), as described in the
application and Federal Register notice,
subject to the FTZ Act and the Board’s
regulations, including section 400.13.
Dated: September 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and
Compliance, Alternate Chairman, ForeignTrade Zones Board.
[FR Doc. 2023–21188 Filed 9–27–23; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Renewing Temporary Denial of
Export Privileges; UTair Aviation JSC,
Khanty-Mansiysk Airport, Tyumen
Region, Russia 628012
Pursuant to section 766.24 of the
Export Administration Regulations, 15
CFR parts 730–774 (‘‘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 October 3, 2022. I find
that renewal of this order is necessary
in the public interest to prevent an
imminent violation of the Regulations
and that renewal for an extended period
is appropriate because UTair Aviation
JSC (‘‘UTair’’) has engaged in a pattern
of repeated, ongoing and/or continuous
apparent violations of the EAR.
I. Procedural History
On April 7, 2022, I signed an order
denying UTair’s export privileges for a
period of 180 days on the ground that
issuance of the order was necessary in
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 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).
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
the public 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 This
temporary denial order was
subsequently renewed in accordance
with section 766.24(d) of the
Regulations.3 The renewal order issued
on October 3, 2022 and was effective
upon issuance.4 A second renewal order
issued on March 29, 2023 and was also
effective upon issuance.5
On September 5, 2023, BIS, through
OEE, submitted a written request for
renewal of the TDO that issued on
March 29, 2023. The written request
was made more than 20 days before the
TDO’s scheduled expiration and, given
the temporary suspension of
international mail service to Russia,
OEE has attempted to deliver a copy of
the renewal request to UTair by
alternative means in accordance with
sections 766.5 and 766.24(d) of the
Regulations. No opposition to the
renewal of the TDO has been received.
II. Renewal of the TDO
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
CFR766.24(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
2 The TDO was published in the Federal Register
on April 12, 2022 (87 FR 21616).
3 At the time of the renewal, section 766.24(d)
provided that BIS may seek renewal of a temporary
denial order for additional 180-day renewal
periods, if it believes that renewal is necessary in
the public interest to prevent an imminent
violation. Renewal requests are to be made in
writing no later than 20 days before the scheduled
expiration date of a temporary denial order.
4 The October 3, 2022 renewal order was
published in the Federal Register on October 7,
2022 (87 FR 60987).
5 The March 29, 2023 renewal order was
published in the Federal Register on April 4, 2023
(88 FR 19911).
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[Federal Register Volume 88, Number 187 (Thursday, September 28, 2023)]
[Notices]
[Page 66802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21188]
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DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[Order No. 2151]
Reorganization of Foreign-Trade Zone 29 (Expansion of Service
Area) Under Alternative Site Framework; Louisville, Kentucky
Pursuant to its authority under the Foreign-Trade Zones Act of June
18, 1934, as amended (19 U.S.C. 81a-81u), the Foreign-Trade Zones Board
(the Board) adopts the following Order:
Whereas, the Foreign-Trade Zones (FTZ) Act provides for ``. . . the
establishment . . . of foreign-trade zones in ports of entry of the
United States, to expedite and encourage foreign commerce, and for
other purposes,'' and authorizes the Board to grant to qualified
corporations the privilege of establishing foreign-trade zones in or
adjacent to U.S. Customs and Border Protection ports of entry;
Whereas, the Board adopted the alternative site framework (ASF) (15
CFR 400.2(c)) as an option for the establishment or reorganization of
zones;
Whereas, the Louisville & Jefferson County Riverport Authority,
grantee of Foreign-Trade Zone 29, submitted an application to the Board
(FTZ Docket B-3-2023, docketed January 9, 2023) for authority to expand
the service area of the zone to include Christian, Todd, Logan,
Simpson, Warren, Allen, and Barren Counties, Kentucky and to include
two additional subzones (for Southern Kentucky Warehousing &
Fulfillment, LLC and Envision AESC Bowling Green LLC), as described in
the application, adjacent to the Nashville Customs and Border
Protection port of entry;
Whereas, notice inviting public comment was given in the Federal
Register (88 FR 2322-2323, January 13, 2023) and the application has
been processed pursuant to the FTZ Act and the Board's regulations;
and,
Whereas, the Board adopts the findings and recommendations of the
examiner's report, and finds that the requirements of the FTZ Act and
the Board's regulations would be satisfied if approval is limited to
the proposed subzone for Envision AESC Bowling Green LLC;
Now, therefore, the Board hereby approves subzone status at the
facility of Envision AESC Bowling Green LLC, located in Bowling Green,
Kentucky (Subzone 29T), as described in the application and Federal
Register notice, subject to the FTZ Act and the Board's regulations,
including section 400.13.
Dated: September 22, 2023.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance, Alternate Chairman,
Foreign-Trade Zones Board.
[FR Doc. 2023-21188 Filed 9-27-23; 8:45 am]
BILLING CODE 3510-DS-P
