82 FR 16730 - Revisions to the Unverified List (UVL)
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 82, Issue 65 (April 6, 2017)
Bureau of Industry and Security
Federal Register Volume 82, Issue 65 (April 6, 2017)
| Page Range | 16730-16733 | |
| FR Document | 2017-06857 |
[Federal Register Volume 82, Number 65 (Thursday, April 6, 2017)] [Rules and Regulations] [Pages 16730-16733] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06857] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 170105022-7022-01] RIN 0694-AH29 Revisions to the Unverified List (UVL) AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding six (6) persons to the Unverified List (the ``Unverified List'' or UVL); revising two addresses and adding an alternate name, or a.k.a., for one (1) person currently listed on the UVL; and revising three addresses, adding three additional addresses, and adding an alternate name, or a.k.a, for one (1) person currently listed on the UVL. The six persons are being added to the UVL on the basis that BIS could not verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government's control. Two addresses are revised for one person currently listed on the UVL to add the official Hong Kong district name. In addition, this rule adds an alternate name for this person. This rule also revises three addresses for an additional person currently listed on the UVL to add the official Hong Kong district names and correct a previous error. Finally, this rule adds three additional addresses and an alternate name for this person, as BIS has determined this person is receiving U.S. exports at additional addresses and using an additional name. DATES: Effective date: This rule is effective: April 6, 2017. FOR FURTHER INFORMATION CONTACT: Kevin Kurland, Director, Office of Enforcement Analysis, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-4255 or by email at [email protected]. SUPPLEMENTARY INFORMATION: Background The Unverified List, found in Supplement No. 6 to Part 744 to the EAR, contains the names and addresses of foreign persons who are or have been parties to a transaction, as that term is described in Sec. 748.5 of the EAR, involving the export, reexport, or transfer (in- country) of items subject to the EAR, and whose bona fides BIS has been unable to verify through an end-use check. BIS may add persons to the UVL when BIS or federal officials acting on BIS's behalf have been unable to verify a foreign person's bona fides (i.e., legitimacy and reliability relating to the end use and end user of items subject to the EAR) because an end-use check, such as a pre-license check (PLC) or a post-shipment verification (PSV), cannot be completed satisfactorily for such purposes for reasons outside the U.S. Government's control. [[Page 16731]] End-use checks cannot be completed for a number of reasons, including reasons unrelated to the cooperation of the foreign party subject to the end-use check. For example, BIS sometimes initiates end- use checks and cannot find a foreign party at the address indicated on export documents, and cannot locate the party by telephone or email. Additionally, BIS sometimes is unable to conduct end-use checks when host government agencies do not respond to requests to conduct end-use checks, are prevented from scheduling such checks by a party to the transaction other than the foreign party that is the proposed subject of the end-use check or refuse to schedule them in a timely manner. Under these circumstances, although BIS has an interest in informing the public of its inability to verify the foreign party's bona fides, there may not be sufficient information to add the foreign persons at issue to the Entity List under Sec. 744.11 of the EAR (Criteria for revising the Entity List). In such circumstances, BIS may add the foreign persons to the UVL. Furthermore, BIS sometimes conducts end-use checks but cannot verify the bona fides of a foreign party. For example, BIS may be unable to verify bona fides if during the conduct of an end-use check a recipient of items subject to the EAR is unable to produce those items for visual inspection or provide sufficient documentation or other evidence to confirm the disposition of those items. The inability of foreign persons subject to end-use checks to demonstrate their bona fides raises concerns about the suitability of such persons as participants in future exports, reexports, or transfers (in-country) of items subject to the EAR and indicates a risk that such items may be diverted to prohibited end uses and/or end users. However, BIS may not have sufficient information to establish that such persons are involved in activities described in part 744 of the EAR, preventing the placement of the persons on the Entity List. In such circumstances, the foreign persons may be added to the Unverified List. As provided in Sec. 740.2(a)(17) of the EAR, the use of license exceptions for exports, reexports, and transfers (in-country) involving a party or parties to the transaction who are listed on the UVL is suspended. Additionally, under Sec. 744.15(b) of the EAR, there is a requirement for exporters, reexporters, and transferors to obtain (and keep a record of) a UVL statement from a party or parties to the transaction who are listed on the UVL before proceeding with exports, reexports, and transfers (in-country) to such persons, when the exports, reexports and transfers (in-country) are not subject to a license requirement. Requests for removal of a UVL entry must be made in accordance with Sec. 744.15(d) of the EAR. Decisions regarding the removal or modification of UVL listings will be made by the Deputy Assistant Secretary for Export Enforcement, based on a demonstration by the listed person of its bona fides. Changes to the EAR Supplement No. 6 to Part 744 (``the Unverified List'' or ``UVL'') This rule adds six (6) persons to the UVL by amending Supplement No. 6 to Part 744 of the EAR to include their names and addresses. BIS adds these persons in accordance with the criteria for revising the UVL set forth in Sec. 744.15(c) of the EAR. The new entries consist of three persons located in China and one person located in each of the following countries or territories: Azerbaijan, Lebanon, and the United Arab Emirates. Each listing is grouped within the UVL by country with each party's name(s) listed in alphabetical order under the country; each entry includes available alias(es) and address(es), as well as the Federal Register citation and the date the person was added to the UVL. The UVL is included in the Consolidated Screening List, available at www.export.gov. This rule also revises two addresses for one person currently listed on the UVL, Brilliance Technology Ltd., to add the official Hong Kong district name. In addition, BIS is adding an alternate name for Brilliance Technology Ltd., as BIS has determined this person is doing business as Brilliance Technology Group. Additionally, this rule revises two addresses for Ling Ao Electronic Technology Co., Ltd., which is currently listed on the UVL, to add the official Hong Kong district name. BIS is revising a third address for this person to correct a previous error in the street name and to add the name of the building in which this person is located. BIS is also adding three additional addresses for Ling Ao Electronic Technology Co., Ltd., as BIS has determined this person is receiving U.S. exports at these addresses. Finally, BIS is adding Xuan Qi Technology Co., Ltd. as an alternate name for Ling Ao Electronic Technology Co., Ltd. Savings Clause Shipments (1) removed from license exception eligibility or that are now subject to requirements in Sec. 744.15 of the EAR as a result of this regulatory action; (2) eligible for export, reexport, or transfer (in-country) without a license before this regulatory action; and (3) on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on April 6, 2017, pursuant to actual orders, may proceed to that UVL listed person under the previous license exception eligibility or without a license so long as the items have been exported from the United States, reexported or transferred (in-country) before May 8, 2017. Any such items not actually exported, reexported or transferred (in-country) before midnight on May 8, 2017 are subject to the requirements in Sec. 744.15 of the EAR in accordance with this regulation. Export Administration Act Since August 21, 2001, the Export Administration Act of 1979, as amended, has been in lapse. However, 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 (50 U.S.C. 1701 et seq.). BIS continues to carry out the provisions of the Export Administration Act, 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 not been designated a ``significant regulatory action,'' under section 3(f) of Executive Order 12866. 2. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public comment and a delay in effective date are inapplicable to this rule, which is adding 6 persons, revising 2 addresses and adding an alternate name, or a.k.a. for 1 person currently listed on the UVL, and revising 3 addresses, adding 3 new addresses, and adding an alternate [[Page 16732]] name, or a.k.a. for 1 other person currently listed on the UVL, because this regulation involves military or foreign affairs under 5 U.S.C. 553(a)(1). BIS implements this rule to protect U.S. national security or foreign policy interests by requiring a license or, where no license is required, a UVL statement for items being exported, reexported, or transferred (in country) involving a party or parties to the transaction who are listed on the UVL. If this rule were delayed to allow for notice and comment and a delay in effective date, the entities being added to the UVL by this action, the entities now operating under an alternate name, and the entities whose addresses were revised would continue to be able to receive items without additional oversight by BIS 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 UVL or amend their current entry on the UVL, and create an incentive for these persons to accelerate receiving items subject to the EAR in furtherance of activities contrary to the national security or foreign policy interests of the United States, and/or take steps to set up additional aliases, change addresses, and other measures to try to limit the impact of the listing once a final rule was published. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. 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. 3. Notwithstanding any other provision of law, no person is required to respond to, nor is 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 the following control numbers: 0694-0088, 0694-0122, 0694-0134, and 0694-0137. This rule slightly increases public burden in a collection of information approved by OMB under control number 0694-0088, which authorizes, among other things, export license applications. The removal of license exceptions for listed persons on the Unverified List will result in increased license applications being submitted to BIS by exporters. Total burden hours associated with the Paperwork Reduction Act and OMB control number 0694-0088 are expected to increase minimally, as the suspension of license exceptions will only affect transactions involving persons listed on the Unverified List and not all export transactions. Because license exceptions are restricted from use, this rule decreases public burden in a collection of information approved by OMB under control number 0694-0137 minimally, as this will only affect specific individual listed persons. The increased burden under 0694-0088 is reciprocal to the decrease of burden under 0694- 0137, and results in no change of burden to the public. This rule also increases public burden in a collection of information under OMB control number 0694-0122, as a result of the exchange of UVL statements between private parties, and under OMB control number 0694-0134, as a result of appeals from persons listed on the UVL for removal of their listing. The total increase in burden hours associated with both of these collections is expected to be minimal, as they involve a limited number of persons listed on the UVL. 4. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132. 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 through 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. 6 to Part 744 is amended by: 0 a. Adding one entry, in alphabetical order, for ``Azerbaijan''; 0 b. Adding three entries, in alphabetical order, under ``China''; 0 c. Revising the entries for ``Brilliance Technology Ltd'' and ``Ling Ao Electronic Technology Co. Ltd.'' under ``Hong Kong''; 0 d. Adding one entry, in alphabetical order, for ``Lebanon''; and 0 e. Adding one entry, in alphabetical order, under ``United Arab Emirates''. The additions and revisions read as follows: Supplement No. 6 to Part 744--Unverified List * * * * * ------------------------------------------------------------------------ Federal Register Country Listed person and citation and date of address publication ------------------------------------------------------------------------ AZERBAIJAN.................. Caspian Oil Montaj, 82 FR [INSERT Office 39, Block B, Federal Register 30 Kaverochkin PAGE NUMBER] April Street, Baku, 6, 2017. Azerbaijan. * * * * * * * CHINA....................... ARI International, 82 FR [INSERT Ltd., Room 1208, Federal Register Block B, Jiangsu PAGE NUMBER] April Building, No. 6013 6, 2017. Yitian Road, Futian District, Shenzhen, China. * * * * * * * Jiangsu HNHB 82 FR [INSERT Equipment Co., Federal Register Ltd., No. 9, PAGE NUMBER] April Xiangtou West Road, 6, 2017. Yixing City, Jiangsu Province, China. Shenzhen Winthought 82 FR [INSERT Tech, Room 223, Federal Register Zhong Xing PAGE NUMBER] April Industrial City, 6, 2017. Chuangye Road, Nanshan District, Shenzhen, China. [[Page 16733]] * * * * * * * HONG KONG * * * * * Brilliance 79 FR 34220, June Technology Ltd, 16, 2014. 82 FR a.k.a., Brilliance [INSERT Federal Technology Group, Register PAGE Flat A, 11/F, NUMBER] April 6, Adolfo Mansion, 114- 2017. 116 Austin Road, Tsim Sha Tsui, Yau Tsim Mong, Hong Kong; and Rm. 1203, 12/F, Hip Kwan Commercial Bldg., 38 Pitt Street, Yau Ma Tei, Yau Tsim Mong, Hong Kong. * * * * * * * Ling Ao Electronic 80 FR 4779, January Technology Co. 29, 2015. Ltd., a.k.a. Voyage 80 FR 60529, October Technology (HK) Co. 7, 2015. Ltd., a.k.a. Xuan 82 FR [INSERT Qi Technology Co., Federal Register Ltd. PAGE NUMBER] April 6, 2017. Room 17, 7/F, Metro .................... Centre Phase 1, No. 32 Lam Hing St., Kowloon Bay, Kwun Tong, Hong Kong; and 15B, 15/F, Cheuk .................... Nang Plaza, 250 Hennessy Road, Wanchai, Hong Kong; and Flat C, 11/F, Block .................... No. 2, Camelpaint Bldg. 62 Hoi Yuen Street, Kwun Tong, Kowloon, Hong Kong; and Room C1-D, 6/F, Wing .................... Hing Industrial Building 14 Hing Yip Street, Kwun Tong, Kowloon, Hong Kong; and Flat/Rm. A30, 9/F .................... Silvercorp International Tower, 707-713 Nathan Road, Mongkok, Kowloon, Hong Kong; and Room, 912A, 9/F. .................... Witty Commercial Building, 1A-1L Tung Choi Street, Mongkok, Kowloon, Hong Kong; and Unit A, 7/F, King .................... Yip Factory Bldg., 59 King Yip Street, Kwun Tong, Kowloon, Hong Kong. * * * * * * * LEBANON..................... Al Ghayth Trade and 82 FR [INSERT Transport, 1st Federal Register Floor, Bohsali PAGE NUMBER] April Bldg., Beirut Port 6, 2017. Street, Beirut, Lebanon. * * * * * * * UNITED ARAB EMIRATES * * * * * Blue Wing General 82 FR [INSERT Trading, Damas Federal Register Tower #506, Al PAGE NUMBER] April Maktoum Road, 6, 2017. Dubai, UAE. * * * * * * * ------------------------------------------------------------------------ Dated: March 29, 2017. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2017-06857 Filed 4-5-17; 8:45 am] BILLING CODE 3510-33-P
![16730 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
Authority: 49 U.S.C. 106(g), 40113, 44701. date of this AD, remove within 50 CIS but not ACTION: Final rule.
to exceed 6,000 CSN.
§ 39.13 [Amended] (vi) For spools that have 6,000 CSN or SUMMARY: The Bureau of Industry and
more on the effective date of this AD, remove Security (BIS) is amending the Export
■ 2. The FAA amends § 39.13 by before the next flight.
removing Airworthiness Directive (AD) Administration Regulations (EAR) by
2013–24–17, Amendment 39–17694 (78 (g) Alternative Methods of Compliance adding six (6) persons to the Unverified
FR 76045, December 16, 2013), and (AMOCs) List (the ‘‘Unverified List’’ or UVL);
adding the following new AD: The Manager, Engine Certification Office, revising two addresses and adding an
may approve AMOCs for this AD. Use the alternate name, or a.k.a., for one (1)
2017–07–04 General Electric Company: procedures found in 14 CFR 39.19 to make person currently listed on the UVL; and
Amendment 39–18842; Docket No. your request. You may email your request to: revising three addresses, adding three
FAA–2013–0879; Directorate Identifier ANE–AD–AMOC@faa.gov.
2013–NE–30–AD. additional addresses, and adding an
(h) Related Information alternate name, or a.k.a, for one (1)
(a) Effective Date person currently listed on the UVL. The
For more information about this AD,
This AD is effective April 21, 2017. contact John Frost, Aerospace Engineer, six persons are being added to the UVL
(b) Affected ADs Engine Certification Office, FAA, Engine & on the basis that BIS could not verify
Propeller Directorate, 1200 District Avenue, their bona fides because an end-use
This AD replaces AD 2013–24–17, Burlington, MA 01803; phone: 781–238– check could not be completed
Amendment 39–17694 (78 FR 76045, 7756; fax: 781–238–7199; email: john.frost@
December 16, 2013) (‘‘AD 2013–24–17’’). satisfactorily for reasons outside the
faa.gov. U.S. Government’s control. Two
(c) Applicability (i) Material Incorporated by Reference addresses are revised for one person
All GE90–110B1 and GE90–115B engines (1) The Director of the Federal Register currently listed on the UVL to add the
with high-pressure compressor (HPC) stage approved the incorporation by reference official Hong Kong district name. In
2–5 spools, with: (IBR) of the service information listed in this addition, this rule adds an alternate
(1) a part number (P/N) 351–103–106–0, paragraph under 5 U.S.C. 552(a) and 1 CFR name for this person. This rule also
351–103–107–0, 351–103–108–0, 351–103– part 51. revises three addresses for an additional
141–0, 351–103–142–0, 351–103–143–0, (2) You must use this service information
351–103–144–0, 351–103–145–0, 351–103– person currently listed on the UVL to
as applicable to do the actions required by add the official Hong Kong district
146–0, 351–103–148–0, 351–103–149–0, this AD, unless the AD specifies otherwise.
351–103–150–0, or 351–103–151–0; and (i) General Electric Company (GE) Service names and correct a previous error.
(2) a serial number listed in paragraph 4, Bulletin GE90–100 SB 72–0659 R01, dated Finally, this rule adds three additional
Appendix A, of GE Service Bulletin (SB) February 18, 2016. addresses and an alternate name for this
GE90–100 SB 72–0659 R01, dated February (ii) Reserved. person, as BIS has determined this
18, 2016. (3) For GE service information identified in person is receiving U.S. exports at
(d) Subject this AD, contact General Electric Company, additional addresses and using an
GE-Aviation, Room 285, 1 Neumann Way, additional name.
Joint Aircraft System Component (JASC) Cincinnati, OH 45215, phone: 513–552–3272;
Code 7230, Turbine Engine Compressor DATES: Effective date: This rule is
fax: 513–552–3329; email: geae.aoc@ge.com.
Section. (4) You may view this service information effective: April 6, 2017.
(e) Unsafe Condition at FAA, FAA, Engine & Propeller Directorate, FOR FURTHER INFORMATION CONTACT:
1200 District Avenue, Burlington, MA. For Kevin Kurland, Director, Office of
This AD was prompted by reports of cracks information on the availability of this
in HPC rotor stage 2–5 spool aft spacer arms Enforcement Analysis, Bureau of
material at the FAA, call 781–238–7125. Industry and Security, Department of
since AD 2013–24–17.We are issuing this AD (5) You may view this service information
to prevent failure of the HPC rotor stage 2– Commerce, Phone: (202) 482–4255 or by
at the National Archives and Records
5 spools, uncontained spool release, damage Administration (NARA). For information on email at UVLRequest@bis.doc.gov.
to the engine, and damage to the airplane. the availability of this material at NARA, call SUPPLEMENTARY INFORMATION:
(f) Compliance 202–741–6030, or go to: http://www.archives.
gov/federal-register/cfr/ibr-locations.html. Background
(1) Comply with this AD within the
compliance times specified, unless already The Unverified List, found in
Issued in Burlington, Massachusetts, on
done. March 24, 2017. Supplement No. 6 to Part 744 to the
(2) Remove from service HPC rotor stage 2– EAR, contains the names and addresses
5 spools listed in paragraph 4, Appendix A, Carlos A. Pestana, of foreign persons who are or have been
of GE SB GE90–100 SB 72–0659 R01, dated Acting Assistant Manager, Engine & Propeller parties to a transaction, as that term is
February 18, 2016, as follows: Directorate, Aircraft Certification Service. described in § 748.5 of the EAR,
(i) For spools that have fewer than 4,500 [FR Doc. 2017–06715 Filed 4–5–17; 8:45 am] involving the export, reexport, or
flight cycles since new (CSN) on the effective BILLING CODE 4910–13–P transfer (in-country) of items subject to
date of this AD, remove before exceeding
5,000 CSN.
the EAR, and whose bona fides BIS has
(ii) For spools that have 4,500 CSN or more been unable to verify through an end-
but fewer than 5,200 CSN on the effective DEPARTMENT OF COMMERCE use check. BIS may add persons to the
date of this AD, remove within 500 cycles in UVL when BIS or federal officials acting
service (CIS) but not to exceed 5,500 CSN. Bureau of Industry and Security on BIS’s behalf have been unable to
(iii) For spools that have 5,200 CSN or verify a foreign person’s bona fides (i.e.,
more but fewer than 5,600 CSN on the 15 CFR Part 744 legitimacy and reliability relating to the
mstockstill on DSK3G9T082PROD with RULES
effective date of this AD, remove within 300 end use and end user of items subject
CIS but not to exceed 5,800 CSN. [Docket No. 170105022–7022–01]
to the EAR) because an end-use check,
(iv) For spools that have 5,600 CSN or RIN 0694–AH29
more but fewer than 5,800 CSN on the
such as a pre-license check (PLC) or a
effective date of this AD, remove within 200 post-shipment verification (PSV),
Revisions to the Unverified List (UVL)
CIS but not to exceed 5,850 CSN. cannot be completed satisfactorily for
(v) For spools that have 5,800 CSN or more AGENCY: Bureau of Industry and such purposes for reasons outside the
but fewer than 6,000 CSN on the effective Security, Commerce. U.S. Government’s control.
VerDate Sep<11>2014 18:09 Apr 05, 2017 Jkt 241001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\06APR1.SGM 06APR1](https://thefederalregister.org/doc/82_FR_16795/page/1.svg)
![16732 Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations
name, or a.k.a. for 1 other person of information, subject to the term is defined in Executive Order
currently listed on the UVL, because requirements of the Paperwork 13132.
this regulation involves military or Reduction Act of 1995 (44 U.S.C. 3501
List of Subjects in 15 CFR Part 744
foreign affairs under 5 U.S.C. 553(a)(1). et seq.) (PRA), unless that collection of
BIS implements this rule to protect U.S. information displays a currently valid Exports, Reporting and recordkeeping
national security or foreign policy Office of Management and Budget requirements, Terrorism.
interests by requiring a license or, where (OMB) Control Number. This regulation Accordingly, part 744 of the Export
no license is required, a UVL statement involves collections previously Administration Regulations (15 CFR
for items being exported, reexported, or approved by OMB under the following parts 730 through 774) is amended as
transferred (in country) involving a control numbers: 0694–0088, 0694– follows:
party or parties to the transaction who 0122, 0694–0134, and 0694–0137.
are listed on the UVL. If this rule were This rule slightly increases public PART 744—[AMENDED]
delayed to allow for notice and burden in a collection of information
comment and a delay in effective date, approved by OMB under control ■ 1. The authority citation for 15 CFR
the entities being added to the UVL by number 0694–0088, which authorizes, part 744 continues to read as follows:
this action, the entities now operating among other things, export license
Authority: 50 U.S.C. 4601 et seq.; 50
under an alternate name, and the applications. The removal of license U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
entities whose addresses were revised exceptions for listed persons on the 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
would continue to be able to receive Unverified List will result in increased U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
items without additional oversight by license applications being submitted to 1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
BIS and to conduct activities contrary to BIS by exporters. Total burden hours 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
the national security or foreign policy associated with the Paperwork FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
interests of the United States. In Reduction Act and OMB control number 12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
addition, publishing a proposed rule 0694–0088 are expected to increase 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
would give these parties notice of the minimally, as the suspension of license Comp., p. 228; E.O. 13099, 63 FR 45167, 3
exceptions will only affect transactions CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
U.S. Government’s intention to place 44025, 3 CFR, 2001 Comp., p. 783; E.O.
them on the UVL or amend their current involving persons listed on the 13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
entry on the UVL, and create an Unverified List and not all export 786; Notice of August 4, 2016, 81 FR 52587
incentive for these persons to accelerate transactions. Because license exceptions (August 8, 2016); Notice of September 15,
receiving items subject to the EAR in are restricted from use, this rule 2016, 81 FR 64343 (September 19, 2016);
furtherance of activities contrary to the decreases public burden in a collection Notice of November 8, 2016, 81 FR 79379
national security or foreign policy of information approved by OMB under (November 10, 2016); Notice of January 13,
interests of the United States, and/or control number 0694–0137 minimally, 2017, 82 FR 6165 (January 18, 2017).
take steps to set up additional aliases, as this will only affect specific ■ 2. Supplement No. 6 to Part 744 is
change addresses, and other measures to individual listed persons. The increased amended by:
try to limit the impact of the listing once burden under 0694–0088 is reciprocal to
■ a. Adding one entry, in alphabetical
a final rule was published. the decrease of burden under 0694–
order, for ‘‘Azerbaijan’’;
Further, no other law requires that a 0137, and results in no change of
■ b. Adding three entries, in
notice of proposed rulemaking and an burden to the public. This rule also
opportunity for public comment be increases public burden in a collection alphabetical order, under ‘‘China’’;
given for this rule. Because a notice of of information under OMB control ■ c. Revising the entries for ‘‘Brilliance
proposed rulemaking and an number 0694–0122, as a result of the Technology Ltd’’ and ‘‘Ling Ao
opportunity for public comment are not exchange of UVL statements between Electronic Technology Co. Ltd.’’ under
required to be given for this rule by 5 private parties, and under OMB control ‘‘Hong Kong’’;
U.S.C. 553, or by any other law, the number 0694–0134, as a result of ■ d. Adding one entry, in alphabetical
analytical requirements of the appeals from persons listed on the UVL order, for ‘‘Lebanon’’; and
Regulatory Flexibility Act, 5 U.S.C. 601 for removal of their listing. The total ■ e. Adding one entry, in alphabetical
et seq., are not applicable. Accordingly, increase in burden hours associated order, under ‘‘United Arab Emirates’’.
no regulatory flexibility analysis is with both of these collections is The additions and revisions read as
required and none has been prepared. expected to be minimal, as they involve follows:
3. Notwithstanding any other a limited number of persons listed on
provision of law, no person is required Supplement No. 6 to Part 744—
the UVL.
to respond to, nor is subject to a penalty 4. This rule does not contain policies Unverified List
for failure to comply with, a collection with Federalism implications as that * * * * *
Country Listed person and address Federal Register citation and date of publication
AZERBAIJAN ....................... Caspian Oil Montaj, Office 39, Block B, 30 Kaverochkin 82 FR [INSERT Federal Register PAGE NUMBER]
Street, Baku, Azerbaijan. April 6, 2017.
* * * * * * *
CHINA .................................. ARI International, Ltd., Room 1208, Block B, Jiangsu 82 FR [INSERT Federal Register PAGE NUMBER]
Building, No. 6013 Yitian Road, Futian District, April 6, 2017.
mstockstill on DSK3G9T082PROD with RULES
Shenzhen, China.
* * * * * * *
Jiangsu HNHB Equipment Co., Ltd., No. 9, Xiangtou 82 FR [INSERT Federal Register PAGE NUMBER]
West Road, Yixing City, Jiangsu Province, China. April 6, 2017.
Shenzhen Winthought Tech, Room 223, Zhong Xing In- 82 FR [INSERT Federal Register PAGE NUMBER]
dustrial City, Chuangye Road, Nanshan District, April 6, 2017.
Shenzhen, China.
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![Federal Register / Vol. 82, No. 65 / Thursday, April 6, 2017 / Rules and Regulations 16733
Country Listed person and address Federal Register citation and date of publication
* * * * * * *
HONG KONG * * * * *
Brilliance Technology Ltd, a.k.a., Brilliance Technology 79 FR 34220, June 16, 2014. 82 FR [INSERT Federal
Group, Flat A, 11/F, Adolfo Mansion, 114–116 Austin Register PAGE NUMBER] April 6, 2017.
Road, Tsim Sha Tsui, Yau Tsim Mong, Hong Kong;
and Rm. 1203, 12/F, Hip Kwan Commercial Bldg., 38
Pitt Street, Yau Ma Tei, Yau Tsim Mong, Hong Kong.
* * * * * * *
Ling Ao Electronic Technology Co. Ltd., a.k.a. Voyage 80 FR 4779, January 29, 2015.
Technology (HK) Co. Ltd., a.k.a. Xuan Qi Technology 80 FR 60529, October 7, 2015.
Co., Ltd. 82 FR [INSERT Federal Register PAGE NUMBER]
April 6, 2017.
Room 17, 7/F, Metro Centre Phase 1, No. 32 Lam Hing
St., Kowloon Bay, Kwun Tong, Hong Kong; and
15B, 15/F, Cheuk Nang Plaza, 250 Hennessy Road,
Wanchai, Hong Kong; and
Flat C, 11/F, Block No. 2, Camelpaint Bldg. 62 Hoi
Yuen Street, Kwun Tong, Kowloon, Hong Kong; and
Room C1–D, 6/F, Wing Hing Industrial Building 14 Hing
Yip Street, Kwun Tong, Kowloon, Hong Kong; and
Flat/Rm. A30, 9/F Silvercorp International Tower, 707–
713 Nathan Road, Mongkok, Kowloon, Hong Kong;
and
Room, 912A, 9/F. Witty Commercial Building, 1A–1L
Tung Choi Street, Mongkok, Kowloon, Hong Kong;
and
Unit A, 7/F, King Yip Factory Bldg., 59 King Yip Street,
Kwun Tong, Kowloon, Hong Kong.
* * * * * * *
LEBANON ............................ Al Ghayth Trade and Transport, 1st Floor, Bohsali 82 FR [INSERT Federal Register PAGE NUMBER]
Bldg., Beirut Port Street, Beirut, Lebanon. April 6, 2017.
* * * * * * *
UNITED ARAB EMIRATES * * * * *
Blue Wing General Trading, Damas Tower #506, Al 82 FR [INSERT Federal Register PAGE NUMBER]
Maktoum Road, Dubai, UAE. April 6, 2017.
* * * * * * *
Dated: March 29, 2017. Federal Food, Drug, and Cosmetic Act respect to the following classes of
Matthew S. Borman, (FD&C Act). persons:
Deputy Assistant Secretary for Export DATES: The waivers are effective as of • Shippers, carriers, and receivers
Administration. April 6, 2017. who hold valid permits and are
[FR Doc. 2017–06857 Filed 4–5–17; 8:45 am] FOR FURTHER INFORMATION CONTACT:
inspected under the National
BILLING CODE 3510–33–P Michael Kashtock, Center for Food Conference on Interstate Milk
Safety and Applied Nutrition, Food and Shipments Grade ‘‘A’’ Milk Safety
Drug Administration, 5001 Campus Dr., Program, only when engaged in
DEPARTMENT OF HEALTH AND College Park, MD 20740, 240–402–2022, transportation operations involving
HUMAN SERVICES Michael.Kashtock@fda.hhs.gov. Grade ‘‘A’’ milk and milk products and
• Food establishments holding valid
SUPPLEMENTARY INFORMATION: permits, only when engaged in
Food and Drug Administration
I. Background transportation operations as receivers,
21 CFR Part 1 or as shippers and carriers in operations
In a proposed rule published on
in which food is relinquished to
[Docket No. FDA–2013–N–0013] February 5, 2014 (79 FR 7006), entitled
consumers after transportation from the
‘‘Sanitary Transportation of Human and
establishment.
Waivers From Requirements of the Animal Food,’’ the Agency announced We requested comment regarding
Sanitary Transportation of Human and that it had tentatively determined that, whether these proposed waivers could
Animal Food Rule in accordance with the provisions of result in the transportation of food
section 416 (21 U.S.C. 350e) of the under conditions that would be unsafe
AGENCY: Food and Drug Administration,
FD&C Act,1 it would be appropriate to for human or animal health, or could be
HHS.
waive the applicable provisions of the contrary to the public interest. We did
ACTION: Notification. rule, if finalized as proposed, with not receive any comments with
SUMMARY: The Food and Drug information indicating that these
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1 Section 416(d) of the FD&C Act states that the
Administration (FDA, Agency, or we) is Secretary of Health and Human Services may waive
waivers would lead to these outcomes.
publishing three waivers from the any requirement under this section, with respect to We published the final rule on April 6,
requirements of the Sanitary any class of persons, vehicles, food, or nonfood 2016 (81 FR 20091), and established an
Transportation of Human and Animal products, if the Secretary determines that the effective date of June 6, 2016, but did
waiver will not result in the transportation of food
Food (the Sanitary Transportation rule). under conditions that would be unsafe for human
not finalize the proposed waivers at that
The Agency is taking this action in or animal health; and will not be contrary to the time, stating that we intended to do so
accord with the requirements of the public interest. prior to the rule’s initial compliance
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Document Created: 2017-04-06 01:46:33
Document Modified: 2017-04-06 01:46:33
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective date: This rule is effective: April 6, 2017. | |
| Contact | Kevin Kurland, Director, Office of Enforcement Analysis, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-4255 or by email at [email protected] | |
| FR Citation | 82 FR 16730 | |
| RIN Number | 0694-AH29 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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