Addition of Entities to the Entity List, 75476-75477 [2024-21109]
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75476
Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations
the airport and its location, the
procedure, and the amendment number.
Availability and Summary of Material
Incorporated by Reference
The material incorporated by
reference is publicly available as listed
in the ADDRESSES section.
The material incorporated by
reference describes SIAPS, Takeoff
Minimums and/or ODPs as identified in
the amendatory language for part 97 of
this final rule.
lotter on DSK11XQN23PROD with RULES1
The Rule
This amendment to 14 CFR part 97 is
effective upon publication of each
separate SIAP, Takeoff Minimums and
ODP as amended in the transmittal.
Some SIAP and Takeoff Minimums and
textual ODP amendments may have
been issued previously by the FAA in a
Flight Data Center (FDC) Notice to Air
Missions (NOTAM) as an emergency
action of immediate flights safety
relating directly to published
aeronautical charts.
The circumstances that created the
need for some SIAP and Takeoff
Minimums and ODP amendments may
require making them effective in less
than 30 days. For the remaining SIAPs
and Takeoff Minimums and ODPs, an
effective date at least 30 days after
publication is provided.
Further, the SIAPs and Takeoff
Minimums and ODPs contained in this
amendment are based on the criteria
contained in the U.S. Standard for
Terminal Instrument Procedures
(TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the
TERPS criteria were applied to the
conditions existing or anticipated at the
affected airports. Because of the close
and immediate relationship between
these SIAPs, Takeoff Minimums and
ODPs, and safety in air commerce, I find
that notice and public procedure under
5 U.S.C. 553(b) are impracticable and
contrary to the public interest and,
where applicable, under 5 U.S.C. 553(d),
good cause exists for making some
SIAPs effective in less than 30 days.
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. 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
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FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. For the same
reason, the FAA certifies that this
amendment will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Lists of Subjects in 14 CFR Part 97
Air Traffic Control, Airports,
Incorporation by reference, Navigation
(Air).
Issued in Washington, DC on August 30,
2024.
Thomas J. Nichols,
Standards Section Manager, Flight
Procedures and Airspace Group, Flight
Technologies and Procedures Division, Office
of Safety Standards, Flight Standards Service,
Aviation Safety, Federal Aviation
Administration.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me, 14 CFR part
97 is amended by establishing,
amending, suspending, or removing
Standard Instrument Approach
Procedures and/or Takeoff Minimums
and Obstacle Departure Procedures
effective at 0901 UTC on the dates
specified, as follows:
Part 97—Standard Instrument
Approach Procedures
Jefferson City, MO, JEF, ILS OR LOC RWY
30, Amdt 7
Jefferson City, MO, JEF, RNAV (GPS) RWY
12, Amdt 1C
Jefferson City, MO, JEF, RNAV (GPS) RWY
30, Orig-C
Reidsville, NC, SIF, RNAV (GPS) RWY 13,
Amdt 1
Reidsville, NC, SIF, RNAV (GPS) RWY 31,
Amdt 1
Reidsville, NC, KSIF, Takeoff Minimums and
Obstacle DP, Amdt 4
Broken Bow, NE, BBW, RNAV (GPS) RWY
14, Orig-C
Follett, TX, T93, Takeoff Minimums and
Obstacle DP, Orig, CANCELED
Fort Worth, TX, 50F, RNAV (GPS) RWY 17,
Amdt 1
Fort Worth, TX, 50F, RNAV (GPS) RWY 35,
Amdt 3
Lago Vista, TX, RYW, RNAV (GPS) RWY 15,
Amdt 1A
Navasota, TX, 60R, RNAV (GPS) RWY 17,
Amdt 1
Navasota, TX, 60R, RNAV (GPS) RWY 35,
Amdt 1
San Antonio, TX, KSAT, Takeoff Minimums
and Obstacle DP, Amdt 1B
Abingdon, VA, VJI, LOC RWY 24, Amdt 6
Abingdon, VA, VJI, RNAV (GPS) RWY 6,
Amdt 2
Abingdon, VA, VJI, RNAV (GPS) RWY 24,
Amdt 3
Abingdon, VA, KVJI, Takeoff Minimums and
Obstacle DP, Amdt 4
[FR Doc. 2024–20810 Filed 9–13–24; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
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1. The authority citation for part 97
continues to read as follows:
Bureau of Industry and Security
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40113, 40114, 40120, 44502, 44514,
44701, 44719, 44721–44722.
15 CFR Part 744
2. Part 97 is amended to read as
follows:
■
Effective 3 October 2024
Lakeland, FL, KLAL, RNAV (GPS) Y RWY 28,
Orig
Lakeland, FL, KLAL, RNAV (RNP) Z RWY
28, Orig
Effective 31 October 2024
Shungnak, AK, SHG/PAGH, RNAV (GPS)
RWY 28, Amdt 4
Shungnak, AK, PAGH, Takeoff Minimums
and Obstacle DP, Amdt 2
Shungnak, AK, PAGH, TOMPY ONE,
Graphic DP
San Francisco, CA, SFO, RNAV (GPS) Z RWY
28R, Amdt 8
Atlanta, GA, ATL, RNAV (GPS) RWY 8R,
Amdt 5
Sandersville, GA, OKZ, RNAV (GPS) RWY
13, Amdt 3A
Grayling, MI, GOV, NDB RWY 14, Amdt 9
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Addition of Entities to the Entity List
CFR Correction
This rule is being published by the
Office of the Federal Register to correct
an editorial or technical error that
appeared in the most recent annual
revision of the Code of Federal
Regulations.
In Title 15 of the Code of Federal
Regulations, Parts 300 to 799, revised as
of January 1, 2024, in supplement
number 4 to part 744, in the table, under
NETHERLANDS, restore the entry for
‘‘Kapil Raj Arora’’, and under
PAKISTAN, restore the entry for ‘‘Orion
Eleven Pvt. Ltd.’’, to read as set forth
below:
Supplement No. 4 to Part 744—Entity
List
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Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations
Country
License
requirement
Entity
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NETHERLANDS .....
PAKISTAN .............
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Orion Eleven Pvt. Ltd., Street 11 Valley
Road, Westridge Rawalpindi, Pakistan.
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For all items subject to the
EAR. (See § 744.11 of the
EAR).
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 764 and 766
[Docket No. 240911–0236]
RIN 0694–AJ84
Administrative and Enforcement
Provisions
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
With this final rule, the
Bureau of Industry and Security (BIS)
amends the Export Administration
Regulations (EAR) by making certain
revisions and clarifications. This final
rule revises provisions related to the
voluntary self-disclosure process for
exporters who believe that they may
have violated the EAR, or any order,
license or authorization issued
thereunder. This final rule also provides
clarified guidance on charging and
penalty determinations in settlement of
administrative enforcement cases.
DATES: This rule is effective September
16, 2024.
FOR FURTHER INFORMATION CONTACT: For
general questions, contact Tracy Martin,
Office of Export Enforcement, Bureau of
Industry and Security, U.S. Department
of Commerce at (202) 482–1208 or by
email: Tracy.Martin@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
With this rule BIS revises § 764.5 of
the EAR regarding the procedures for
submitting voluntary self-disclosures
(VSDs) and supplement No. 1 to part
766, which includes guidance on
charging and penalty determinations in
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1. Relevant Statutory Authority and
Regulatory Framework
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (50 U.S.C. 4801–4852). Section
1760(c) of ECRA (50 U.S.C. 4819(c))
authorizes the Secretary of Commerce
(Secretary) to impose civil penalties for
violations of ECRA, its implementing
regulations, or any order or license
issued thereunder. Specifically, ECRA
authorizes the Secretary to impose the
following civil penalties for each
violation:
(A) A fine of not more than $300,000
or an amount that is twice the value of
the transaction that is the basis of the
violation with respect to which the
penalty is imposed, whichever is
greater.
(B) Revocation of a license issued
under [ECRA] to the person.
(C) A prohibition on the person’s
ability to export, reexport, or in-country
transfer any items controlled under
[ECRA].
50 U.S.C. 4819(c)(1). The amount of the
maximum civil penalty per violation
under ECRA is subject to adjustment
under the Civil Penalties Inflation
Adjustment Act of 1990 (28 U.S.C. 2461)
and is currently $364,992. See 15 CFR
6.3(c)(6). Within these limits, 50 U.S.C.
4819(c)(3) authorizes the Secretary to
issue regulations to ‘‘provide standards
for establishing levels of civil penalty
. . . based upon factors such as the
seriousness of the violation, the
culpability of the violator, and such
mitigating factors as the violator’s
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settlement of administrative
enforcement cases. As discussed in
more detail below, these revisions
implement certain policies related to the
VSD process that BIS has announced in
policy memoranda since 2022, and also
makes changes to how BIS calculates
penalties in administrative cases.
BILLING CODE 0099–10–P
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For all items subject to the
EAR. (See § 744.11 of the
EAR).
[FR Doc. 2024–21109 Filed 9–13–24; 8:45 am]
VerDate Sep<11>2014
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Kapil Raj Arora, Breukelensestraat 44, 2574
RC, The Hague, Netherlands; and
Knobbelswaansingel 19, 2496 LN, The
Hague, Netherlands.
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License
review policy
75477
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81 FR 14958, 3/21/16.
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79 FR 56003, 9/18/14.
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record of cooperation with the
Government in disclosing the
violation.’’ The Secretary’s authority
under ECRA is delegated to BIS (see
section 1781 of ECRA, 50 U.S.C. 4851)
and is implemented through the EAR.
Consistent with these authorities, BIS
has implemented regulations providing
standards for establishing levels of civil
penalties in supplement No. 1 to part
766, titled ‘‘Guidance on Charging and
Penalty Determinations in Settlement of
Administrative Enforcement Cases’’
(‘‘BIS Penalty Guidelines’’). Last revised
in the rule entitled ‘‘Guidance on
Charging and Penalty Determinations in
Settlement of Administrative
Enforcement Cases’’ published in the
Federal Register on June 22, 2016 (81
FR 40506), the BIS Penalty Guidelines
describe how BIS’s Office of Export
Enforcement (OEE), the organizational
unit of BIS that is responsible for
enforcing the provisions of the EAR,
makes penalty determinations in
administrative enforcement cases. The
BIS Penalty Guidelines describe various
factors—including aggravating, general,
and mitigating factors—that OEE will
consider in determining how to respond
to apparent export violations in
administrative cases. Specifically, the
BIS Penalty Guidelines outline how
OEE calculates monetary penalties for a
particular violation, which includes
determination of the relevant base
penalty, and how the various
aggravating, general, and mitigating
factors justify an upward or downward
departure from that base penalty. As
discussed in the BIS Penalty Guidelines,
the presence of significant aggravating
factors may lead OEE to consider the
conduct to be egregious, which may
result in considerably higher monetary
penalties. Conversely, the presence of
significant mitigating factors may result
in a lower monetary penalty.
One factor given significant weight in
the BIS Penalty Guidelines is whether a
party submitted a VSD regarding the
violation. BIS encourages parties who
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[Federal Register Volume 89, Number 179 (Monday, September 16, 2024)]
[Rules and Regulations]
[Pages 75476-75477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21109]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
Addition of Entities to the Entity List
CFR Correction
This rule is being published by the Office of the Federal Register
to correct an editorial or technical error that appeared in the most
recent annual revision of the Code of Federal Regulations.
In Title 15 of the Code of Federal Regulations, Parts 300 to 799,
revised as of January 1, 2024, in supplement number 4 to part 744, in
the table, under NETHERLANDS, restore the entry for ``Kapil Raj
Arora'', and under PAKISTAN, restore the entry for ``Orion Eleven Pvt.
Ltd.'', to read as set forth below:
Supplement No. 4 to Part 744--Entity List
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[[Page 75477]]
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License review Federal Register
Country Entity License requirement policy citation
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NETHERLANDS.............. * * * * * *
Kapil Raj Arora, For all items Presumption of 81 FR 14958, 3/21/
Breukelensestraat subject to the EAR. denial. 16.
44, 2574 RC, The (See Sec. 744.11
Hague, Netherlands; of the EAR).
and
Knobbelswaansingel
19, 2496 LN, The
Hague, Netherlands.
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PAKISTAN................. * * * * * *
Orion Eleven Pvt. For all items Presumption of 79 FR 56003, 9/18/
Ltd., Street 11 subject to the EAR. denial. 14.
Valley Road, (See Sec. 744.11
Westridge of the EAR).
Rawalpindi,
Pakistan.
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[FR Doc. 2024-21109 Filed 9-13-24; 8:45 am]
BILLING CODE 0099-10-P
