Unknown. Final rule
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/register/2019/05/14/2019-09945·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2019-05-14.xml --- 84 93 Tuesday, May 14, 2019 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21340-21341 2019-09855 Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Plant Variety Protection Certification and Objective Description of Variety—Asexually Reproduced Varieties, 21314-21315 2019-09839 Agriculture Agriculture Department See Agricultural Marketing Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 21315 2019-09902 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Board of Scientific Counselors, National Center for Environmental Health/Agency for Toxic Substances and Disease Registry, 21341-21342 2019-09847 Children Children and Families Administration NOTICES Meetings: Tribal Consultation, 21342 2019-09927 Civil Rights Civil Rights Commission NOTICES Meetings: Florida Advisory Committee, 21321-21322 2019-09897 Mississippi Advisory Committee, 21320-21321 2019-09862 Montana Advisory Committee, 21322 2019-09861 Nebraska Advisory Committee, 21321 2019-09933 Ohio Advisory Committee, 21320 2019-09865 Coast Guard Coast Guard PROPOSED RULES Safety Zone:
Ohio River, Owensboro, KY, 21302-21304 2019-09852 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Request for Information: Commercial Capabilities in Space Situational Awareness Data and Space Traffic Management Services, 21322-21323 2019-09896 Copyright Office Copyright Office, Library of Congress NOTICES Public Draft of the Compendium of U.S.
Copyright Office Practices, 21363 2019-09895 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prompt Payment, 21340 2019-09851 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 7-OB Annual Performance Report for the Independent Living Services for Older Individuals Who are Blind Program, 21334 2019-09846 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Amendments to Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector, 21240-21253 2019-09829 Designation of Areas for Air Quality Planning Purposes:
Ohio; Redesignation of the Lake County Sulfur Dioxide Nonattainment Area, 21253-21255 2019-09925 PROPOSED RULES Relaxation of the Federal Reid Vapor Pressure Gasoline Volatility Standard for the Atlanta Area, 21305-21309 2019-09929 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21339 2019-09917 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 21268-21279 2019-09643 2019-09806 2019-09807 Fokker Services B.V.
Airplanes, 21270-21272 2019-09644 The Boeing Company Airplanes, 21279-21282 2019-09866 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Employment with the Federal Aviation Administration, 21391-21392 2019-09845 Federal Deposit Federal Deposit Insurance Corporation PROPOSED RULES Resolution Plans Required, 21600-21631 2019-08478 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Riverdale Power and Electric Co., Inc., 21335-21336 2019-09883 Combined Filings, 21334-21335, 21338-21339 2019-09880 2019-09881 Effectiveness of Exempt Wholesale Generator and Foreign Utility Company Status:
Hillcrest Solar I, LLC; Long Ridge Energy Generation LLC; Waipio PV, LLC; et al., 21334 2019-09882 Meetings; Sunshine Act, 21336-21338 2019-10044 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Hearing, 21392-21393, 21395-21396 2019-09936 2019-09941 Vision, 21393-21395, 21397-21404 2019-09938 2019-09939 2019-09940 Federal Reserve Federal Reserve System PROPOSED RULES Control and Divestiture Proceedings, 21634-21666 2019-09415 Resolution Plans Required, 21600-21631 2019-08478 NOTICES Change in Bank Control:
Acquisitions of Shares of a Bank or Bank Holding Company, 21339-21340 2019-09911 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21404-21405 2019-09864 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Removing the Gray Wolf (Canis lupus) from the List of Endangered and Threatened Wildlife, 21312-21313 2019-09857 Food and Drug Food and Drug Administration NOTICES Guidance:
Considerations in Demonstrating Interchangeability with a Reference Product, 21342-21344 2019-10001 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Expansion of Subzone: Flemish Master Weavers, Foreign-Trade Zone 186, Waterville, ME, 21325-21326 2019-09908 Mayfield Consumer Products; Foreign-Trade Zone 294; Western Kentucky, 21326 2019-09905 Production Activity: Merck and Co., Inc.; Foreign-Trade Zone 185—Front Royal, VA, 21326-21327 2019-09909 Proposed Production Activity:
Lam Research Corp., Foreign-Trade Zone 18, San Jose, CA, 21323-21325 2019-09907 LLFlex, LLC (Aluminum and Steel Cable Wraps), Foreign-Trade Zone 29, Louisville, KY, 21326 2019-09906 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Prompt Payment, 21340 2019-09851 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See National Institutes of Health NOTICES Meetings:
National Clinical Care Commission, 21347-21348 2019-09920 Secretary's Advisory Committee on National Health Promotion and Disease Prevention Objectives for 2030, 21348-21349 2019-09923 Privacy Act; Systems of Records, 21344-21347 2019-09926 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Industry Industry and Security Bureau RULES Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of an Entity from the Entity List, 21233-21238 2019-09945 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 21327 2019-09892 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Circular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey, 21327-21329 2019-09935 Multilayered Wood Flooring from the People's Republic of China, 21329-21331 2019-09900 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Quartz Surface Products from India and Turkey, 21361-21362 2019-09934 Investigations; Determinations, Modifications, and Rulings, etc.: Fresh Tomatoes from Mexico, 21360 2019-09848 Justice Department Justice Department See Justice Programs Office NOTICES Proposed Consent Decree: Clean Water Act, 21362 2019-09879 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21362-21363 2019-09873 Labor Department Labor Department See Occupational Safety and Health Administration See Wage and Hour Division Land Land Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Browns Canyon National Monument, Colorado, 21352-21353 2019-09837 Haines Amendment to the Ring of Fire Resource Management Plan, 21353-21354 2019-09931 Meetings: California Desert District Advisory Council, 21351-21352 2019-09930 Library Library of Congress See Copyright Office, Library of Congress Management Management and Budget Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information on Meetings with Outside Parties Pursuant to Executive Order 12866, 21363-21364 2019-09912 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Prompt Payment, 21340 2019-09851 National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standards: Accelerator Control Systems, 21309-21312 2019-09820 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 21405-21410 2019-09849 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reports, Forms and Record Keeping Requirements, 21410-21411 2019-09850 National Institute National Institutes of Health NOTICES Meetings:
National Institute of Biomedical Imaging and Bioengineering, 21350 2019-09870 National Institute of Neurological Disorders and Stroke, 21349-21350 2019-09863 2019-09868 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Licensing of Private Remote Sensing Space Systems, 21282-21300 2019-09320 NOTICES Meetings: Advisory Committee on Commercial Remote Sensing, 21331 2019-09898 New England Fishery Management Council, 21332-21333 2019-09913 2019-09914 Permit Application:
Marine Mammals; File No. 18786, 21332-21333 2019-09916 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Land and Water Conservation Fund State Assistance Program, 21357-21360 2019-09904 National Park Service President's Park National Christmas Tree Music Program Application, 21354-21355 2019-09903 NPS Institutional Animal Care and Use Committee (IACUC) General Submission, Exhibitor, Annual Review, and Amendment Forms, 21355-21357 2019-09901 Navy Navy Department NOTICES Government-Owned Inventions;
Available for Licensing, 21333 2019-09891 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 21364-21365 2019-10094 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Standards Improvement Project—Phase IV, 21416-21598 2019-07902 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 21365 2019-10000 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Request for Nominations:
Lithium Battery Safety Advisory Committee, 21411-21412 2019-09878 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Mail Classification Schedule, 21304-21305 2019-09853 Postal Service Postal Service RULES New Electronic Signature Option, 21238-21240 2019-09840 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Military Spouse Day (Proc. 9881), 21683-21686 2019-10130 Rural Business Rural Business-Cooperative Service NOTICES Privacy Act;
Systems of Records, 21315-21320 2019-09874 Rural Housing Service Rural Housing Service NOTICES Privacy Act; Systems of Records, 21315-21320 2019-09874 Rural Utilities Rural Utilities Service NOTICES Privacy Act; Systems of Records, 21315-21320 2019-09874 Securities Securities and Exchange Commission NOTICES Applications: Ellington Income Opportunities Fund, et al., 21365-21368 2019-09843 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 21382-21384 2019-09869 Cboe BZX Exchange, Inc., 21375-21382 2019-09860 Miami International Securities Exchange LLC, 21371-21375 2019-09859 MIAX PEARL, LLC, 21368-21371 2019-09867 The Nasdaq Stock Market LLC, 21384-21387 2019-09871 Small Business Small Business Administration PROPOSED RULES Women-Owned Small Business and Economically Disadvantaged Women-Owned Small Business—Certification, 21256-21267 2019-09684 NOTICES Disaster Declaration:
Alabama, 21389 2019-09887 Illinois, 21388-21389 2019-09886 Major Disaster Declaration for Public Assistance Only: Alabama, 21388 2019-09888 Sac and Fox Tribe of the Mississippi in Iowa, 21387 2019-09889 Major Disaster Declaration: Iowa; Amendment 3, 21387 2019-09890 Iowa; Public Assistance Only, 21387-21388 2019-09876 Nebraska, Public Assistance Only, 21388 2019-09875 Trade Representative Trade Representative, Office of United States NOTICES Product Exclusions: China's Acts, Policies, and Practices Related to Technology Transfer, Intellectual Property, and Innovation, 21389-21391 2019-09872 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 21412-21413 2019-09937 Customs U.S. Customs and Border Protection NOTICES Meetings: Commercial Customs Operations Advisory Committee, 21350-21351 2019-09899 Veteran Affairs Veterans Affairs Department RULES Veterans Care Agreements, 21668-21682 2019-10076 Wage Wage and Hour Division PROPOSED RULES Joint Employer Status Under the Fair Labor Standards Act, 21301-21302 2019-09841 Regular Rate Under the Fair Labor Standards Act, 21300-21301 2019-09842 Separate Parts In This Issue Part II Labor Department, Occupational Safety and Health Administration, 21416-21598 2019-07902 Part III Federal Deposit Insurance Corporation, 21600-21631 2019-08478 Federal Reserve System, 21600-21631 2019-08478 Part IV Federal Reserve System, 21634-21666 2019-09415 Part V Veterans Affairs Department, 21668-21682 2019-10076 Part VI Presidential Documents, 21683-21686 2019-10130 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 93 Tuesday, May 14, 2019 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 181219999-8999-01] RIN 0694-AH72 Addition of Certain Entities to the Entity List, Revision of an Entry on the Entity List, and Removal of an Entity From the Entity List AGENCY:
Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: This final rule amends the Export Administration Regulations
(EAR)by adding twelve entities, under a total of sixteen entries, to the Entity List. These twelve entities have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States and will be listed on the Entity List under the destinations of China, Hong Kong, Pakistan and the United Arab Emirates. This rule also modifies one existing entry on the Entity List under the destination of the United Arab Emirates. Finally, this rule removes one entity under the destination of the United Arab Emirates. The removal is made in connection with a request for removal that BIS received pursuant to sections of the EAR used for requesting removal or modification of an Entity List entry and a review of information provided in that request. DATES: This rule is effective May 14, 2019. 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 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) impose additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to listed entities. The license review policy for each listed entity 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 to the Entity List. BIS places entities 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 twelve entities, under a total of sixteen entries, to the Entity List; four of the entities being added are located in two destinations. The twelve entities are being added based on § 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 consist of six entries located in China, four entries located in Hong Kong, one entry located Pakistan and five entries in the United Arab Emirates (U.A.E.). The ERC reviewed § 744.11(b) (Criteria for revising the Entity List) in making the determination to add these twelve entities 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, along with 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. For each of the twelve entities described below, the ERC made the requisite determination under the standard set forth in § 744.11(b). Pursuant to § 744.11(b) of the EAR, the ERC determined to add Longkui Qu and Taizhou CBM-Future New Material Science and Technology Co., Ltd., both located in China, to the Entity List for engaging in activities contrary to the national security interests of the United States. Specifically, these entities participated in the prohibited export of controlled technology concerning the manufacture of syntactic foam and supplying syntactic foam to PRC state-owned enterprises, PRC defense industrial corporations, and PRC military-related academic institutions. The ERC also determined to add four companies—Avin Electronics Technology Co., Ltd. (AETC); Multi-Mart Electronics Technology Co, Ltd.; Tenco Technology Company Ltd.; and Yutron Technology Co. Ltd.—to the Entity List under the destinations of China and Hong Kong for actions contrary to the national security or foreign policy interests of the United States. Specifically, these entities have been attempting to procure U.S.-origin commodities that would ultimately provide material support to Iran's weapons of mass destruction and military programs, in violation of U.S. export controls. In addition, the ERC determined to add Impex Trade & Services, located in the destination of Pakistan, to the Entity List for actions contrary to the national security or foreign policy interests of the United States. Specifically, Impex Trade & Services has been involved in proliferation to unsafeguarded nuclear activities. Under the destination of the United Arab Emirates (U.A.E.), the ERC determined that German Sky International Trading Company LLC has been involved in activities that are contrary to the national security and foreign policy interests of the United States. Specifically, in accordance with § 744.11(b)(4), German Sky International Trading Company LLC is being added to the Entity List because it has prevented the accomplishment of end-user checks conducted by the Department of Commerce. Also under the destination of the U.A.E., the ERC has determined to add to the Entity List Emirates Hermes General Trading; Presto Freight International, LLC; Basha Asmath Shaikh; and Manohar Nair. These four entities have been involved in activities that are contrary to the national security and foreign policy interests of the United States as set forth in § 744.11(b). Emirates Hermes General Trading and Presto Freight International, LLC, operated by Basha Asmath Shaikh and Manohar Nair, procured U.S.-origin items for Complete Freight Solutions, a listed entity on the Entity List, and for Mahan Air, an Iranian airline that is subject to a BIS temporary denial order and has been designated a Specially Designated Global Terrorist by the U.S. Department of Treasury's Office of Foreign Assets Control. Pursuant to § 744.11(b) of the EAR, the ERC determined that the conduct of these twelve entities raises sufficient concern that prior review of exports, reexports, or transfers (in-country) of all items subject to the EAR involving these entities, 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 twelve entities, under a total of sixteen entries, being 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 entities or in which such entities 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 entities 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, thereby assisting exporters, reexporters, and transferors in identifying entities on the Entity List. This final rule adds the following twelve entities, under a total of sixteen entries, to the Entity List: China
(1)*Avin Electronics Technology Co., Ltd. (AETC),* Room 401, Yuepeng Building, Jiabin Road, Luohu District, Shenzhen, Guangdong, China; *and* 1019 Jiabin Road, Luohu Qu, Shenzhen Shi, Guangdong, China (see alternate address under Hong Kong);
(2)*Longkui Qu,* Gucheng, Linhai, Zhejiang, China 317000; *and* China Jincheon Tung Cheng Jin Road, Linhai City, Zhejiang Province, #431, 317005, China;
(3)*Multi-Mart Electronics Technology Co, Ltd.,* 5/F Blk 37A, 3 Qiaogao Road, Nanhai, Guangdong, Foshan, China (see alternate address under Hong Kong);
(4)*Taizhou CBM-Future New Material Science and Technology Co., Ltd.,* a.k.a., the following one alias: —CBM Future. China Jincheon Tung Cheng Jin Road, Linhai City, Zhejiang Province #431, 317005, China;
(5)*Tenco Technology Company Ltd.,* a.k.a., the following three aliases: —Tenco International Co., Ltd.; —Shenzhen Tenco Technology Co., Ltd.; *and* —Shenzhen Shengfaweiye Electronic Co., Ltd. Rm. 2709, Block A, Jiahe Huaqiang Building, Shennan Middle Rd., F Shenzhen, Guangdong 518007, China; *and* Room 2709, Block A, Jiahe Building, Shennan Mid Road, Futian District, Shenzhen, 518000, China (see alternate addresses under Hong Kong); *and*
(6)*Yutron Technology Co. Ltd.,* Room 201-203, Building 7B, International Business Center, 1001 Honghua Road, Futian Free Trade Zone, Shenzhen, China (see alternate addresses under Hong Kong). Hong Kong
(1)*Avin Electronics Technology Co., Ltd. (AETC),* 10F, Kras Asia Industrial Bldg., No. 79 Hung To Road Kwun Kowloon, Hong Kong, 999077 (see alternate addresses under China);
(2)*Multi-Mart Electronics Technology Co, Ltd.,* 29J King Palace Plaza, 55 King Yip Street, KwunTong, Kowloon, Hong Kong (see alternate address under China);
(3)*Tenco Technology Company Ltd.,* a.k.a., the following three aliases: —Tenco International Co., Ltd.; —Shenzhen Tenco Technology Co., Ltd.; *and* —Shenzhen Shengfaweiye Electronic Co., Ltd. Room 311 3F Genplas Industrial Building, 56 Hoi Yuen Road, Kwun Kowloon, Hong Kong; *and* Room 15, 6F Corporation Square, 8 Lam Lok Street, Kowloon Bay, Hong Kong (see alternate addresses under China); *and*
(4)*Yutron Technology Co. Ltd.,* Suite B, 11/F, Foo Cheong Building, 82-86 Wing Lok Street, Sheung Wan, Hong Kong; *and* 24-28 5F, Topsail Plaza, 11 On Sum Street, Shaitin, Hong Kong (see alternate address under China). Pakistan
(1)*IMPEX Trade & Services,* 455/A Adamjee Road, Saddar, Rawalpuindi, Pakistan. United Arab Emirates
(1)*Basha Asmath Shaikh,* Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E.; *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E.;
(2)*Emirates Hermes General Trading,* a.k.a. the following two aliases: —Emirates Hermes General Trading LLC; *and* —Emirates Hermes General Trading Co., Inc. Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E.; *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E.; *and* 73 Al Mina Rd., Dubai, U.A.E.; *and* Emirates Islamic Bank Building Al Diyafa, Dubai, U.A.E.; *and* P.O. Box: 29687, Office No: M-02, Al Andalus Building, Shoe-Mart Building, Next To Abu Hail Shopping Centre, Abu Hail, Dubai, U.A.E.; *and* 2nd of December Street 3, Office 314, Yousuf Al Otaiba Building near Al Maya Supermarket, Trade Center, 191252, Dubai, U.A.E.;
(3)*German Sky International Trading Company LLC,* a.k.a., the one alias: —Civil Trading FZE. Office No. 901, Riqqa Al Buteen Plaza, Al Maktoum Street, Dubai, UAE; *and* Al Maktoum Road, 9th Floor, Riqqa Al Buteen Plaza Bldg, Dubai, UAE; *and* P.O. Box 16111 Ras Al Khaimah, U.A.E.;
(4)*Manohar Nair,* a.k.a., the following one alias: —Manoharan Nair. Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E., *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E.; *and*
(5)*Presto Freight International, LLC, aka Presto Freight International LLC (PFI),* Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E.; *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E.; *and* P.O. Box No. 115360, Mezzanine Floor, Office No. M-02, Al Andalus Building, Above Shoe -Mart shop (Next to Abu Hail Center), Abu Hail, Dubai U.A.E. Modification to the Entity List This final rule implements the decision of the ERC to modify one existing entry, Modest Marking LLC, which was added to the Entity List under the destination of the United Arab Emirates on January 26, 2018 (83 FR 3580). BIS is modifying the existing entry to add an alias. This final rule makes the following modifications to one entry on the Entity List: United Arab Emirates
(1)*Modest Marketing LLC,* a.k.a. the following one alias: —Argos Composites Trading LLC. P.O. Box 51436, Dubai, U.A.E. Removal From the Entity List This rule implements a decision of the ERC to remove DGL Clearing and Forwarding LLC, an entity located in the U.A.E., from the Entity List on the basis of a removal request. The entry for DGL Clearing and Forwarding LLC was added to the Entity List on January 26, 2018 (83 FR 3580). The ERC decided to remove this entry based on information BIS received pursuant to § 744.16 of the EAR and the review the ERC conducted in accordance with procedures described in Supplement No. 5 to part 744. This final rule implements the decision to remove the following entity located in the U.A.E. from the Entity List: United Arab Emirates
(1)*DGL Clearing and Forwarding LLC,* P.O. Box 94353, Abu Dhabi, U.A.E. Savings Clause Shipments of items removed from eligibility for a License Exception or for 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 14, 2019, 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 NLR. Export Control Reform Act of 2018 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)(Title XVII, Subtitle B of Pub. L. 115-232), which provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. As set forth in § 1768 of ECRA, all delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (50 U.S.C. 4601 *et seq.* ) (as in effect prior to August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 *et seq.* ) and 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 8, 2018, 83 FR 39871 (August 13, 2018)), or the Export Administration Regulations, and are in effect as of August 13, 2018, shall continue in effect according to their terms until modified, superseded, set aside, or revoked under the authority of ECRA. 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. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to or 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@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. Pursuant to sec. 1762 of the Export Control Reform Act of 2018 (Title XVII, Subtitle B of Pub. L. 115-232), which was included in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, this action is exempt from the Administrative Procedure Act (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date. 5. This action involves the removal of an entity from the Entity List. Removals from the Entity List involve interagency deliberation and result from review of public and non-public sources, including, where applicable, sensitive law enforcement information and classified information, and the measurement of such information against the Entity List removal criteria. This information is reviewed according to the procedures and criteria for evaluating removal requests from the Entity List, as set forth in 15 CFR 744.11, 15 CFR 744.16, and 15 CFR part 744, Supplement No. 5. For reasons of national security, BIS is not at liberty to provide to the public detailed information on which the ERC relies to make the decisions to remove these entities. In addition, the information included in a removal request is exchanged between the applicant and the ERC, which by law (sec. 1761(h) of the ECRA), BIS is restricted from sharing with the public. Moreover, removal requests from the Entity List may contain confidential business information that is necessary for the extensive review conducted by the ERC. 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] 1. The authority citation for 15 CFR part 744 continues to read as follows: Authority: Pub. L. 115-232, Title XVII, Subtitle B. 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 8, 2018, 83 FR 39871 (August 13, 2018); Notice of September 19, 2018, 83 FR 47799 (September 20, 2018); Notice of November 8, 2018, 83 FR 56253 (November 9, 2019); Notice of January 16, 2019, 84 FR 127 (January 18, 2019). 2. Supplement No. 4 to part 744 is amended: a. Under China, by adding in alphabetical order, six Chinese entities, “Avin Electronics Technology Co., Ltd. (AETC),” “Longkui Qu,” “Multi-Mart Electronics Technology Co, Ltd.,” “Taizhou CBM-Future New Material Science and Technology Co., Ltd.,” “Tenco Technology Company Ltd.” and “Yutron Technology Co. Ltd.”; b. Under Hong Kong, by adding in alphabetical order, four Hong Kong entities, “Avin Electronics Technology Co., Ltd. (AETC),” “Multi-Mart Electronics Technology Co, Ltd.,” “Tenco Technology Company Ltd.” and “Yutron Technology Co. Ltd.”; c. Under Pakistan, by adding in alphabetical order, one Pakistani entity, “IMPEX Trade & Services”; and d. Under the United Arab Emirates: i. By adding in alphabetical order, one Emirati entity, “Basha Asmath Shaikh”; ii. By removing one Emirati entity, “DGL Clearing and Forwarding LLC, P.O. Box 94353, Abu Dhabi, U.A.E.”; iii. By adding in alphabetical order, three Emirati entities, “Emirates Hermes General Trading”, “German Sky International Trading Company LLC,” and “Manohar Nair”; iv. By revising Emirati entity “Modest Marketing LLC”; and v. By adding in alphabetical order, one Emirati entity, “Presto Freight International, LLC”; The additions and revisions read as follows: Supplement No. 4 to Part 744—Entity List Country Entity License requirement License review policy Federal Register citation * * * * * * * CHINA, PEOPLE'S REPUBLIC OF * * * * * * Avin Electronics Technology Co., Ltd. (AETC), Room 401, Yuepeng Building, Jiabin Road, Luohu District, Shenzhen, Guangdong, China; *and* 1019 Jiabin Road, Luohu Qu, Shenzhen Shi, Guangdong, China (see alternate address under Hong Kong). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Longkui Qu, Gucheng, Linhai, Zhejiang, China 317000; *and* China Jincheon Tung Cheng Jin Road, Linhai City, Zhejian Province, #431, 317005, China. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Multi-Mart Electronics Technology Co, Ltd., S/F Blk 37A, 3 Qiaogao Road, Nanhai, Guangdong, Foshan, China (see alternate address under Hong Kong). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Taizhou CBM-Future New Material Science and Technology Co., Ltd., a.k.a., the following one alias: —CBM Future. China Jincheon Tung Cheng Jin Road, Linhai City, Zhejiang Province #431, 317005, China For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Tenco Technology Company Ltd., a.k.a., the following three aliases: —Tenco International Co., Ltd.; —Shenzhen Tenco Technology Co., Ltd.; *and* —Shenzhen Shengfaweiye Electronic Co., Ltd. Rm. 2709, Block A, Jiahe Huaqiang Building, Shennan Middle Rd., F Shenzhen, Guangdong 518007, China; *and* Room 2709, Block A, Jiahe Building, Shennan Mid Road, Futian District, Shenzhen, 518000, China (see alternate addresses under Hong Kong). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Yutron Technology Co. Ltd., Room 201-203, Building 7B, International Business Center, 1001 Honghua Road, Futian Free Trade Zone, Shenzhen, China (see alternate addresses under Hong Kong). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * * * * * * * * HONG KONG * * * * * * Avin Electronics Technology Co., Ltd. (AETC), 10F, Kras Asia Industrial Bldg., No. 79 Hung To Road Kwun Kowloon, Hong Kong, 999077 (see alternate addresses under China). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019] * * * * * * Multi-Mart Electronics Technology Co, Ltd., 29J King Palace Plaza, 55 King Yip Street, Kwun Tong, Kowloon, Hong Kong (see alternate address under China). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Tenco Technology Company Ltd., a.k.a., the following three aliases: —Tenco International Co., Ltd.; —Shenzhen Tenco Technology Co., Ltd.; *and* —Shenzhen Shengfaweiye Electronic Co., Ltd. Room 311 3F Genplas Industrial Building, 56 Hoi Yuen Road, Kwun Kowloon, Hong Kong; *and* Room 15, 6F Corporation Square, 8 Lam Lok Street, Kowloon Bay, Hong Kong (see alternate addresses under China). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Yutron Technology Co. Ltd., Suite B, 11/F, Foo Cheong Building, 82-86 Wing Lok Street, Sheung Wan, Hong Kong; *and* 24-28 5F, Topsail Plaza, 11 On Sum Street, Shaitin, Hong Kong (see alternate address under China). For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * * * * * * * * PAKISTAN * * * * * * IMPEX Trade & Services, 455/A Adamjee Road, Saddar, Rawalpuindi, Pakistan. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * * * * * * * * UNITED ARAB EMIRATES * * * * * * Basha Asmath Shaikh Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E.; *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Emirates Hermes General Trading, a.k.a. the following two aliases: —Emirates Hermes General Trading LLC; *and* —Emirates Hermes General Trading Co., Inc. Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E.; *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E.; *and* 73 Al Mina Rd., Dubai, U.A.E.; *and* Emirates Islamic Bank Building Al Diyafa, Dubai, U.A.E.; *and* P.O. Box: 29687, Office No: M-02, Al Andalus Building, Shoe-Mart Building, Next To Abu Hail Shopping Centre, Abu Hail , Dubai, U.A.E.; *and* 2nd of December Street 3, Office 314, Yousuf Al Otaiba Building near Al Maya Supermarket, Trade Center, 191252, Dubai, U.A.E. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * German Sky International Trading Company LLC, a.k.a., the one alias: —Civil Trading FZE Office No. 901, Riqqa Al Buteen Plaza, Al Maktoum Street, Dubai, UAE; *and* Al Maktoum Road, 9th Floor, Riqqa Al Buteen Plaza Bldg, Dubai, UAE; *and* P.O. Box 16111 Ras Al Khaimah, U.A.E. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Manohar Nair, a.k.a., the following one alias: —Manoharan Nair. Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E., *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial *Insert previous citations* 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Modest Marketing LLC, a.k.a. the following one alias: —Argos Composites Trading LLC. P.O. Box 51436, Dubai, U.A.E. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 83 FR 3580, 1/26/18. 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * Presto Freight International, LLC, aka Presto Freight International LLC (PFI), Office M-2, Al Andalus Bldg, Next to Shoemart Bldg, Abu Hail, Dubai, U.A.E.; *and* P.O. Box 29687, Dubai, U.A.E.; *and* P.O. Box 191252, Dubai, U.A.E.; *and* P.O. Box No. 115360, Mezzanine Floor, Office No. M-02, Al Andalus Building, Above Shoe-Mart shop (Next to Abu Hail Center), Abu Hail, Dubai U.A.E. For all items subject to the EAR. (See § 744.11 of the EAR.) Presumption of denial 84 FR [INSERT FR PAGE NUMBER 05/14/2019]. * * * * * * * * * * * * * Dated: May 9, 2019. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2019-09945 Filed 5-13-19; 8:45 am]
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public-private-law
U.S. Code
- Repealed. Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232§ 4601
- Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities§ 1701
- Purposes§ 3501
- Rule making§ 553
- Definitions§ 601
- Congressional declaration of policy§ 3201
- Regulations implementing requirements relating to licensing for components and other parts of facilities§ 2139a
- Definitions§ 7201
- Application of the Trade Sanctions Reform and Export Enhancement Act§ 7210
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- 15 CFR 744
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