Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25055 

(4) SBA may reconsider its approval 

to retain the use of the original Class 2 

Appreciation at any time based on 

information that may affect the value of 

an investment. 

(b) Any time you submit a request for 

SBA approval to retain the use of the 

original Class 2 Appreciation under 

paragraph (a) of this section, you may 

also request SBA’s written approval to 

modify your computation of Adjusted 

Unrealized Gain under § 107.1840(d)(4) 

as provided in paragraph (c) of this 

section. 

(c) If SBA determines that the 

appreciation on an investment, based on 

its current fair value, is at least two 

times the original Class 2 Appreciation 

on the investment, SBA may allow you, 

based on relevant information, to 

compute your Adjusted Unrealized Gain 

for the duration of the extension period 

as follows: 

(1) Compute Adjusted Unrealized 

Gain in accordance with 

§ 107.1840(d)(4). 

(2) If your result in paragraph (c)(1) of 

this section was computed using the 

first line of the table in § 107.1840(d)(4): 

(i) Calculate 50 percent of the original 

Class 2 Appreciation on the individual 

investment that is the subject of this 

paragraph (c), and 

(ii) Add it to the result from paragraph 

(c)(1) of this section to determine your 

Adjusted Unrealized Gain. 

(3) If your result in paragraph (c)(1) of 

this section was computed using the 

second line of the table in 

§ 107.1840(d)(4): 

(i) Calculate 50 percent of the original 

Class 2 Appreciation on the individual 

investment that is the subject of this 

paragraph (c). 

(ii) Subtract your Class 1 Appreciation 

from your Net Appreciation, and 

multiply the result by 50 percent. 

(iii) Add the lesser of (c)(3)(i) and (ii) 

of this section to the result from 

paragraph (c)(1) of this section to 

determine your Adjusted Unrealized 

Gain. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2012–10120 Filed 4–26–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 120314191–2216–01] 

RIN 0694–AF61 

Addition of Certain Persons to the 

Entity List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding sixteen persons under eighteen 

entries to the Entity List. The persons 

who are added to the Entity List have 

been determined by the U.S. 

Government to be acting contrary to the 

national security or foreign policy 

interests of the United States. These 

persons will be listed on the Entity List 

under the countries of Afghanistan, 

Pakistan and the United Arab Emirates 

(U.A.E.). 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to entities 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security (BIS) and that availability of 

license exceptions in such transactions 

is limited. 

DATES: Effective Date: This rule is 

effective April 27, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chair, End-User 

Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–5991, Fax: (202) 482– 

3911, Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (Supplement No. 4 to 

Part 744) provides notice to the public 

that certain exports, reexports, and 

transfers (in-country) to entities 

identified on the Entity List require a 

license from BIS and that the 

availability of license exceptions in 

such transactions is limited. Entities are 

placed on the Entity List on the basis of 

certain sections of part 744 (Control 

Policy: End-User and End-Use Based) 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 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 sixteen persons under 

eighteen entries to the Entity List on the 

basis of Section 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 eighteen entries 

added to the Entity List consist of 

twelve entries in Afghanistan, three in 

Pakistan, and three in the U.A.E. Two of 

the eighteen entries cover multiple 

addresses, in different countries for two 

of the persons being added to the Entity 

List. 

The ERC reviewed Section 744.11(b) 

(Criteria for revising the Entity List) in 

making the determination to add these 

persons to the Entity List. Under that 

paragraph, persons for which there is 

reasonable cause to believe, based on 

specific and articulable facts, that the 

persons 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 and those 

acting on behalf of such persons may be 

added to the Entity List pursuant to 

Section 744.11. Paragraphs (b)(1)–(b)(5) 

of Section 744.11 include an illustrative 

list of activities that could be contrary 

to the national security or foreign policy 

interests of the United States. All 

sixteen persons are believed to have 

been involved in activities described 

under paragraphs (b)(1) and (b)(2) of 

Section 744.11. Specifically, the sixteen 

persons are being added to the Entity 

List on the basis of their provision of 

support to persons engaged against U.S. 

and Coalition forces in Afghanistan. All 

sixteen of the persons are involved in 

supply networks that provide 

components used to make improvised 

explosive devices (IEDs) used against 

U.S. and coalition troops in 

Afghanistan. 

For the sixteen persons added to the 

Entity List under eighteen entries, the 

ERC specified a license requirement for 

all items subject to the EAR, and 

established a license application review 

policy of a presumption of denial. The 

license requirement applies to any 

transaction in which items are to be 

exported, reexported, or transferred (incountry) to such persons or in which 

such persons act as purchaser, 

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25056 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

intermediate consignee, ultimate 

consignee, or end-user. In addition, no 

license exceptions are available for 

exports, reexports, or transfers (incountry) to those persons being added to 

the Entity List. 

This final rule adds the following 

sixteen persons under eighteen entries 

to the Entity List: 

Afghanistan 

(1) Afghan-German Construction 

Company, Golaye Park, Shari Naw, 

Kabul, Afghanistan; and Dasht Qala, 

Takhar Province, Afghanistan; 

(2) Haji Khalil Construction Company, 

Wazir Akbar Khan, Road Number 10, In 

front of National Bank, District 10, 

Kabul, Afghanistan; 

(3) Khalil Zadran, a.k.a., the following 

eight aliases: 

—Samar Gul Khalil; 

—Khalil Samar Gul; 

—Samer Khalil; 

—Samer Gul Khalil; 

—Khlil Khalil; 

—Kalil Khalil; 

—Khalil Khualil; and 

—Haji Khalil. 

Shahreno, Kabul, Afghanistan (See 

alternate address in Pakistan); 

(4) Heim German Afghan Khalil 

Company, Wazir Akbar Khan, District 

10, Kabul, Afghanistan; and Shahr-eNow, Kabul, Afghanistan; and 

Paktiyakoot, Jalalabad Road, District #9, 

Kabul, Afghanistan; 

(5) Ibrahim Haqqani, a.k.a., the 

following two aliases: 

—Hajji Sahib; and 

—Maulawi Haji Ibrahim Haqqani. 

Afghanistan; 

(6) Khalil Zadran Company, a.k.a., the 

following alias: 

—Khalil Construction. 

Afghanistan (See alternate address in 

Pakistan); 

(7) Onyx Construction Company, 

Shahr-e-Now, Charahi Haji Yaqoub, In 

front of the AIB Bank, District 10, Kabul, 

Afghanistan; and Char Rahi Ansari, 

Toaward Kolola Poshta, Shar-Naw 

Kabul, Afghanistan 11496; 

(8) Triangle Technologies, 

Afghanistan; 

(9) Zurmat Construction Company 

offices, House No. 319, 10th Street 

Wazeer Akbar Khan, Kabul, 

Afghanistan; and Wazir Akbar Khan, 

District 10, Apartment 319, Kabul, 

Afghanistan; and Tarin Cot City, 

Afghanistan; and Behind UNAMA 

Office, Pir Bagh Office, Gardez, 

Afghanistan; and House No. 01, Street 

No. 01, Muhaqeq Road (Behind Pakistan 

and Turkish Embassies), Mazar-e-Sharif, 

Afghanistan; and Hazratan Street 

(Behind Jalalalabad Teaching Hospital), 

Jalalalabad, Afghanistan; and Aino 

Mena, Street No. 22 (Blue Color House 

Left Side of Road), Kandahar, 

Afghanistan; 

(10) Zurmat Foundation, House No. 

319, 10th Street Wazeer Akbar Khan, 

Kabul, Afghanistan; and Wazir 

Muhammad—Akbar Khan, Kabul, 

Afghanistan; and Wazir Akbar Khan, 

District 10, Apartment 319, Kabul, 

Afghanistan; 

(11) Zurmat Group of Companies, 

House No. 319, 10th Street Wazeer 

Akbar Khan, Kabul, Afghanistan; and 

(12) Zurmat Material Testing 

Laboratory, House 01, Street 01, Kart-e3 (opposite of Habibia High School), 

Dar-ul-Aman Road, Kabul, Afghanistan; 

and House No. 02, Street No. 01, Karte-Malemin, Khandahar, Afghanistan. 

Pakistan 

(1) Khalil Zadran, a.k.a., the following 

eight aliases: 

—Samar Gul Khalil; 

—Khalil Samar Gul; 

—Samer Khalil; 

—Samer Gul Khalil; 

—Khlil Khalil; 

—Kalil Khalil; 

—Khalil Khualil; and 

—Haji Khalil. 

House 14, Street 13, Sector F–7/2, 

Islamabad, Pakistan; and House 20–B, 

Main College Road, Sector F–7/2, 

Islamabad, Pakistan (See alternate 

address in Afghanistan); 

(2) Jalaluddin Haqqani, a.k.a., the 

following seven aliases: 

—General Jalaluddin; 

—Haqqani Sahib; 

—Maulama Jalaluddin; 

—Maulawi Haqqani; 

—Molvi Sahib; 

—Mulawi Jalaluddin; and 

—Mullah Jalaluddin. 

Miram Shah, Pakistan; and 

(3) Khalil Zadran Company, a.k.a., the 

following alias: 

—Khalil Construction. 

Pakistan (See alternate address in 

Afghanistan). 

United Arab Emirates 

(1) Al Maskah Used Car and Spare 

Parts, Maliha Road, Industrial Area 6, 

Sharajah, U.A.E.; 

(2) Feroz Khan, a.k.a., the following 

three aliases: 

—Haaje Khan; 

—Haaji Khan, and 

—Firoz. 

Maliha Road, Industrial Area 6, 

Sharajah, U.A.E.; and 

(3) Zurmat General Trading, Office 

No. 205, Platinum Business Center, 

Baghdad Street, Al-Nahda 2, Al-Qusais, 

Dubai, U.A.E.; and P.O. Box No. 171452, 

Dubai, U.A.E.; and 1st Street, Industrial 

Area 4th, Sharajah, U.A.E. (Behind the 

Toyota Showroom); and P.O. Box 

35470, Sharajah, U.A.E. 

Savings Clause 

Shipments of items removed from 

eligibility for a License Exception or 

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 

April 27, 2012, 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 reexport without a license 

(NLR). 

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. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor 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 the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour 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. 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25057 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. 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 because this regulation 

involves a military or foreign affairs 

function of the United States. (See 5 

U.S.C. 553(a)(1)). BIS implements this 

rule to protect U.S. national security or 

foreign policy interests by preventing 

items from being exported, reexported, 

or transferred (in country) to the persons 

being added to the Entity List. If this 

rule were delayed to allow for notice 

and comment and a delay in effective 

date, then entities being added to the 

Entity List by this action would 

continue to be able to receive items 

without a license and to conduct 

activities contrary to the national 

security or foreign policy interests of the 

United States. In addition, because these 

parties may receive notice of the U.S. 

Government’s intention to place these 

entities on the Entity List once a final 

rule was published, it would create an 

incentive for these persons to either 

accelerate receiving items subject to the 

EAR to conduct activities that are 

contrary to the national security or 

foreign policy interests of the United 

States, and/or to take steps to set up 

additional aliases, change addresses, 

and other measures to try to limit the 

impact of the listing on the Entity List 

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. 

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: 50 U.S.C. app. 2401 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 12, 2011, 76 FR 50661 

(August 16, 2011); Notice of September 21, 

2011, 76 FR 59001 (September, 22, 2011); 

Notice of November 9, 2011, 76 FR 70319 

(November 10, 2011); Notice of January 19, 

2012, 77 FR 3067 (January 20, 2012). 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ (a) By adding under Afghanistan, in 

alphabetical order, twelve Afghan 

entities; 

■ (b) By adding under Pakistan, in 

alphabetical order, three Pakistani 

entities; and 

■ (c) By adding under the United Arab 

Emirates, in alphabetical order, three 

Emirati entities. 

The additions read as follows: 

Supplement No. 4 to Part 744—Entity 

List 

Country Entity License requirement License review policy Federal Register citation 

Afghanistan * * * * * 

Afghan-German Construction Company, Golaye Park, Shari Naw, 

Kabul, Afghanistan, and Dasht Qala, 

Takhar Province, Afghanistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

*****

Haji Khalil Construction Company, 

Wazir Akbar Khan, Road Number 10, 

In front of National Bank, District 10, 

Kabul, Afghanistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

*****

Heim German Afghan Khalil Company, 

Wazir Akbar Khan, District 10, Kabul, 

Afghanistan; and Shahr-e-Now, 

Kabul, Afghanistan, and Paktiyakoot, 

Jalalabad Road, District #9, Kabul, 

Afghanistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Ibrahim Haqqani, a.k.a., the following 

two aliases: 

—Hajji Sahib; and 

—Maulawi Haji Ibrahim Haqqani. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Afghanistan. 

*****

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25058 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

Country Entity License requirement License review policy Federal Register citation 

Khalil Zadran, a.k.a., the following eight 

aliases: 

—Samar Gul Khalil; 

—Khalil Samar Gul; 

—Samer Khalil; 

—Samer Gul Khalil; 

—Khlil Khalil; 

—Kalil Khalil; 

—Khalil Khualil; and 

—Haji Khalil. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Shahreno, Kabul, Afghanistan. (See alternate address in Pakistan). 

Khalil Zadran Company, a.k.a., the following alias: 

—Khalil Construction. 

Afghanistan (See alternate address in 

Pakistan). 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

*****

Onyx Construction Company, Shahr-eNow, Charahi Haji Yaqoub, In front 

of the AIB Bank, District 10, Kabul, 

Afghanistan; and Char Rahi Ansari, 

Toaward Kolola Poshta, Shar-Naw 

Kabul, Afghanistan 11496. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

*****

Triangle Technologies, Afghanistan. For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Zurmat Construction Company offices, 

House No. 319, 10th Street Wazeer 

Akbar Khan, Kabul, Afghanistan; and 

Wazir Akbar Khan, District 10, Apartment 319, Kabul, Afghanistan; and 

Tarin Cot City, Afghanistan; and Behind UNAMA Office, Pir Bagh Office, 

Gardez, Afghanistan; and House No. 

01, Street No. 01, Muhaqeq Road 

(Behind Pakistan and Turkish Embassies), Mazar-e-Sharif, Afghanistan; and Hazratan Street (Behind 

Jalalalabad Teaching Hospital), 

Jalalalabad, Afghanistan, and Aino 

Mena, Street No. 22 (Blue Color 

House Left Side of Road), Kandahar, 

Afghanistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Zurmat Foundation, House No. 319, 

10th Street Wazeer Akbar Khan, 

Kabul, Afghanistan; and Wazir Muhammad—Akbar Khan, Kabul, Afghanistan; and Wazir Akbar Khan, 

District 10, Apartment 319, Kabul, Afghanistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Zurmat Group of Companies, House 

No. 319, 10th Street Wazeer Akbar 

Khan, Kabul, Afghanistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Zurmat Material Testing Laboratory, 

House 01, Street 01, Kart-e-3 (opposite of Habibia High School), Dar-ulAman Road, Kabul, Afghanistan; and 

House No. 02, Street No. 01, Kart-eMalemin, Khandahar, Afghanistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

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Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 25059 

Country Entity License requirement License review policy Federal Register citation 

*******

Pakistan * * * * * 

Jalaluddin Haqqani, a.k.a., the following 

seven aliases: 

—General Jalaluddin; 

—Haqqani Sahib; 

—Maulama Jalaluddin; 

—Maulawi Haqqani; 

—Molvi Sahib; 

—Mulawi Jalaluddin; and 

—Mullah Jalaluddin. 

—Miram Shah, Pakistan. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Khalil Zadran, a.k.a., the following eight 

aliases: 

—Samar Gul Khalil; 

—Khalil Samar Gul; 

—Samer Khalil; 

—Samer Gul Khalil; 

—Khlil Khalil; 

—Kalil Khalil; 

—Khalil Khualil; and 

—Haji Khalil. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

House 14, Street 13, Sector F–7/2, 

Islamabad, Pakistan; and House 20– 

B, Main College Road, Sector F–7/2, 

Islamabad, Pakistan (See alternate 

address in Afghanistan). 

Khalil Zadran Company, a.k.a., the following alias: 

—Khalil Construction. 

Pakistan (See alternate address in Afghanistan). 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

*****

*******

United Arab 

Emirates 

* * * * * 

Al Maskah Used Car and Spare Parts, 

Maliha Road, Industrial Area 6, 

Sharajah, U.A.E. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Feroz Khan, a.k.a., the following three 

aliases: 

—Haaje Khan; 

—Haaji Khan; and 

—Firoz. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

Maliha Road, Industrial Area 6, 

Sharajah, U.A.E. 

*****

Zurmat General Trading, Office No. 

205, Platinum Business Center, 

Baghdad Street, Al-Nahda 2, AlQusais, Dubai, U.A.E.; and P.O. Box 

No. 171452, Dubai, U.A.E.; and 1st 

Street, Industrial Area 4th, Sharajah, 

U.A.E. (Behind the Toyota Showroom), and P.O. Box 35470, 

Sharajah, U.A.E. 

For all items subject to 

the EAR. (See § 744.11 

of the EAR). 

Presumption of denial 77 FR [INSERT FR PAGE 

NUMBER] 4/27/12. 

*******

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25060 Federal Register / Vol. 77, No. 82 / Friday, April 27, 2012 / Rules and Regulations 

Dated: April 23, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–10104 Filed 4–26–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 100222109–2171–02] 

RIN 0648–AY35 

Flower Garden Banks National Marine 

Sanctuary Regulations 

AGENCIES: Office of National Marine 

Sanctuaries (ONMS), National Oceanic 

and Atmospheric Administration 

(NOAA), Department of Commerce 

(DOC). 

ACTION: Final rule; Public availability of 

final management plan and 

environmental assessment. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

amending the regulations for Flower 

Garden Banks National Marine 

Sanctuary to improve vessel and user 

safety, protect sanctuary resources from 

user impacts, clarify discharge language, 

and make other technical changes and 

corrections. 

DATES: Effective Date: May 29, 2012. 

ADDRESSES: Copies of the final 

management plan (FMP) and 

environmental assessment (EA) 

described in this rule and the Finding 

of No Significant Impact (FONSI) are 

available upon request to Flower Garden 

Banks National Marine Sanctuary, 4700 

Avenue U, Building 216, Galveston, TX 

77551. The FMP and EA can also be 

viewed on the Web and downloaded at 

http://flowergarden.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

George Schmahl, Superintendent, 

Flower Garden Banks National Marine 

Sanctuary, 4700 Avenue U, Building 

216, Galveston, TX 77551. Email: 

fgbmanagementplan@noaa.gov. Phone: 

(409) 621–5151. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Marine Sanctuaries Act 

(NMSA) (16 U.S.C. 1431 et seq.) 

authorizes the Secretary of Commerce 

(Secretary) to designate and protect as a 

national marine sanctuary areas of the 

marine environment that are of special 

national significance due to their 

conservation, recreational, ecological, 

historical, scientific, cultural, 

archeological, educational, or esthetic 

qualities. Day-to-day management of 

national marine sanctuaries has been 

delegated by the Secretary to NOAA’s 

Office of National Marine Sanctuaries 

(ONMS). The primary objective of the 

NMSA is to protect sanctuary resources, 

such as coral reefs, and cultural 

resources, such as historical shipwrecks, 

historic structures, and archaeological 

sites. 

NOAA designated Flower Garden 

Banks National Marine Sanctuary 

(FGBNMS or sanctuary) on December 5, 

1991 (56 FR 63634). Congress 

subsequently passed a law recognizing 

the designation in January 1992 (Pub. L. 

102–251, Title I, Sec. 101). At the time, 

the Sanctuary consisted of two areas 

known as East and West Flower Garden 

Banks (56 FR 63634). Congress later 

added Stetson Bank in 1996 (Pub. L. 

104–283). 

These three areas are located in the 

northwestern Gulf of Mexico and are 

described as underwater hills formed by 

rising domes of ancient salt. The 

sanctuary ranges in depth from 55 feet 

to nearly 500 feet, providing conditions 

that support several distinct habitats, 

including the northern-most coral reefs 

in the continental United States. These 

and similar formations throughout the 

northern Gulf of Mexico provide the 

foundation for essential habitat for a 

variety of species. The combination of 

location and geology makes the 

sanctuary an extremely productive and 

diverse ecosystem, but it also presents a 

unique set of challenges for managing 

and protecting its natural wonders. 

The FGBNMS regulations 

implementing the sanctuary were first 

published on December 5, 1991 (56 FR 

63634). Those regulations became 

effective on January 18, 1994 (58 FR 

65664). Among other things, the 

regulations set forth the sanctuary 

boundaries, prohibit a relatively narrow 

range of activities, and establish permit 

and certification procedures. The 

regulations were revised in December 

2000 to add Stetson Bank to the 

boundary pursuant to Public Law 104– 

283 (65 FR 81176). NOAA amended the 

FGBNMS regulations again in 2001 (66 

FR 58370) to conform to the regulations 

adopted by the International Maritime 

Organization and prohibit all anchoring 

in the sanctuary and restrict mooring to 

vessels 100 feet (30.48 meters) or 

shorter. 

The ONMS is required by NMSA 

Section 304(e) to periodically review 

sanctuary management plans to ensure 

that sanctuary management continues to 

best conserve, protect, and enhance the 

sanctuaries’ nationally significant living 

and cultural resources. Management 

plans generally outline regulatory goals, 

describe boundaries, identify staffing 

and budget needs, and set priorities and 

performance measures for resource 

protection, research, and education 

programs. The plans also guide the 

development of future management 

activities. 

The FGBNMS management plan 

review process began in the fall of 2006 

with the release of the Flower Garden 

Banks National Marine Sanctuary State 

of the Sanctuary Report. At the outset, 

NOAA held a series of public meetings 

to obtain information about the public’s 

interests and priorities for FGBNMS 

management (71 FR 52757; September 

7, 2006). NOAA then worked with the 

FGBNMS Advisory Council to prioritize 

issues and develop appropriate 

management strategies and activities for 

the preparation of a draft revised 

management plan. Based on this input, 

NOAA prepared a revised management 

plan consisting of six action plans: 

Sanctuary expansion, education and 

outreach, research and monitoring, 

resource protection, visitor use, and 

operations and administration. Because 

the resource protection and visitor use 

action plans include several strategies 

that require changes to the FGBNMS 

regulations, NOAA sought to amend the 

regulations for the sanctuary. Pursuant 

to the National Environmental Policy 

Act, 42 U.S.C. 4331–4345 (NEPA), 

NOAA also prepared a programmatic 

environmental assessment to analyze 

the environmental impacts associated 

with the proposed management plan 

revision and proposed rule. On October 

22, 2010, the proposed rule, draft 

management plan, and programmatic 

environmental assessment were released 

for 90-day public review and comment 

(75 FR 65256). 

NOAA is now amending the FGBNMS 

regulations to reflect these new 

strategies. The changes address: 

Potential conflicts between vessels and 

divers; protection of rays and whale 

sharks; and discharges and deposits. 

The changes also eliminate outdated 

references to paragraphs that no longer 

exist, update cross references to other 

paragraphs, and establish definitions for 

various new terms adopted in this 

rulemaking. 

II. Summary of the Revisions 

This rulemaking: 

1. Requires any vessel moored in the 

sanctuary to exhibit the blue and white 

International Code flag ‘‘A’’ (‘‘alpha’’ 

dive flag) or red and white ‘‘sports 

diver’’ flag whenever a SCUBA diver 

from that vessel is in the water and 

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