36516 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

■ 19. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

5—Telecommunications and 

‘‘Information Security,’’ Part 1 

Telecommunications, Export Control 

Classification Number (ECCN) 5A001 is 

amended by revising the Technical 

Notes (2) to paragraph (b)(6) of the 

‘‘items’’ paragraph in List of Items 

Controlled section, to read as follows: 

5A001 Telecommunications systems, 

equipment, components and accessories, 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

b.6. * * * 

Technical Notes: 

1. * * * 

2. For the purpose of 5A001.b.6, ‘voice 

coding’ is defined as the technique to take 

samples of human voice and then convert 

these samples of human voice into a digital 

signal taking into account specific 

characteristics of human speech. 

* * * * * 

■ 20. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

7—Navigation and Avionics, Export 

Control Classification Number (ECCN) 

7A008 is amended by revising the 

License Exceptions section, to read as 

follows: 

7A008 Underwater sonar navigation 

systems, using Doppler velocity or 

correlation velocity logs integrated with 

a heading source and having a 

positioning accuracy of equal to or less 

(better) than 3% of distance traveled 

‘‘Circular Error Probable’’ (‘‘CEP’’), and 

specially designed components therefor. 

* * * * * 

License Exceptions 

LVS: N/A 

GBS: N/A 

CIV: N/A 

* * * * * 

■ 21. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

8—Marine, Export Control Classification 

Number (ECCN) 8A018 is amended by 

revising paragraph (b) of the ‘‘items’’ 

paragraph in the List of Items Controlled 

section, to read as follows: 

8A018 Items on the Wassenaar 

Arrangement Munitions List. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. * * * 

b. Naval equipment, as follows: 

b.1. Diesel engines of 1,500 hp and over 

with rotary speed of 700 rpm or over 

specially designed for submarines, and 

specially designed components therefor; 

b.2. Electric motors specially designed for 

submarines, i.e., over 1,000 hp, quick 

reversing type, liquid cooled, and totally 

enclosed, and specially designed components 

therefor; 

b.3. Nonmagnetic diesel engines, 50 hp and 

over, specially designed for military purposes 

with nonmagnetic content in excess of 75 

percent of total mass and specially designed 

components therefor; 

b.4. Submarine and torpedo nets and 

specially designed components therefor. 

■ 22. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Propulsion Systems, Space Vehicles 

and Related Equipment, Export Control 

Classification Number (ECCN) 9A018 is 

amended by revising paragraphs (c),(d) 

and (f) of the ‘‘items’’ paragraph in the 

List of Items Controlled section, to read 

as follows: 

9A018 Equipment on the Wassenaar 

Arrangement Munitions List. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definition: * * * 

Items: 

* * * * * 

c. Pressure refuelers, pressure refueling 

equipment, equipment specially designed to 

facilitate operations in confined areas; and 

ground equipment, developed specially for 

military ‘‘aircraft’’, and specially designed 

parts and accessories, n.e.s.; 

d. Pressurized breathing equipment 

specially designed for use in military 

‘‘aircraft’’; 

e. * * * 

f. Military instrument flight trainers, except 

for combat simulation; and components and 

accessories specially designed for such 

equipment. 

■ 23. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9A991 is amended: 

■ a. By revising ‘‘items’’ paragraph (b) in 

the List of Items Controlled section; and 

■ b. By revising ‘‘items’’ paragraph (c) in 

the List of Items Controlled section and 

the note to paragraph (c), to read as 

follows: 

9A991 ‘‘Aircraft’’, n.e.s., and gas turbine 

engines not controlled by 9A001 or 

9A101 and parts and components, n.e.s. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

b. Civil aircraft; 

Note: * * * 

c. Aero gas turbine engines, and specially 

designed parts therefor. 

Note: 9A991.c does not control aero gas 

turbine engines that are destined for use in 

civil ‘‘aircraft’’ and that have been in use in 

bona fide civil ‘‘aircraft’’ for more than eight 

years. If they have been in use in bona fide 

civil ‘‘aircraft’’ for more than eight years, such 

engines are controlled under 9A991.d. 

* * * * * 

■ 24. In Supplement No. 1 to part 774 

(The Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9E003 is amended by revising the 

‘‘Control(s)’’ paragraph in the License 

Requirements section, to read as 

follows: 

9E003 Other ‘‘technology’’ as follows (see 

List of Items Controlled). 

License Requirements 

Reason for Control: NS, SI, AT 

Control(s) Country Chart 

NS applies to entire 

entry.

NS Column 1 

SI applies to 

9E003.a.1 through 

a.10, and h. See 

§ 742.14 of the 

EAR for additional 

information.

AT applies to entire 

entry.

AT Column 1 

* * * * * 

Dated: June 21, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–15444 Filed 6–25–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 100429205–0248–01] 

RIN 0694–AE92 

Addition and Removal of Certain 

Persons on the Entity List: Addition of 

Persons Acting Contrary to the 

National Security or Foreign Policy 

Interests of the United States; Removal 

of Person Based on Removal Request 

AGENCY: Bureau of Industry and 

Security, Commerce. 


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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36517 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding twenty-four persons to the Entity 

List (Supplement No. 4 to Part 744) on 

the basis of Section 744.11 of the EAR. 

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 under the 

following nine destinations on the 

Entity List: Belarus, China, Hong Kong, 

Iran, Malaysia, New Zealand, Norway, 

South Africa and United Kingdom. 

This rule also removes one person 

located in Hong Kong from the Entity 

List. This person is being removed from 

the Entity List as a result of a request for 

removal submitted by that person, a 

review of information provided in the 

removal request in accordance with 

Section 744.16 (Procedure for requesting 

removal or modification of an Entity 

List entity), and further review 

conducted by the End-User Review 

Committee’s (ERC) member agencies. 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to parties 

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 June 28, 2010. Although there 

is no formal comment period, public 

comments on this regulation are 

welcome on a continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE92, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov. 

Include ‘‘RIN 0694–AE92’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: 

Timothy Mooney, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AE92. 

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 e-mail to 

Jasmeet_K._Seehra@omb.eop.gov, or by 

fax to (202) 395–7285; and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 14th St. & Pennsylvania 

Avenue, NW., Room 2705, Washington, 

DC 20230. Comments on this collection 

of information should be submitted 

separately from comments on the final 

rule (i.e. RIN 0694–AE92)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chairman, End-User 

Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–3811, Fax: (202) 482– 

3911, E-mail: kniesv@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to parties 

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. Persons are placed on the 

Entity List on the basis of criteria set 

forth in 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 changes 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 

The ERC made a determination to add 

twenty-four persons under twenty-five 

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 twenty-five entries added to 

the Entity List consist of three persons 

in Belarus, three persons in China, two 

persons in Hong Kong, three persons in 

Iran, four persons in Malaysia, two 

persons in New Zealand, two persons in 

Norway, five persons in South Africa, 

and one person in the United Kingdom. 

The twenty-fifth entry is to account for 

one person who has addresses in both 

Norway and South Africa. 

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, entities for which there is 

reasonable cause to believe, based on 

specific and articulable facts, that 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 entities may be 

added to the Entity List pursuant to 

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

include an illustrative list of activities 

that could be contrary to the national 

security or foreign policy interests of the 

United States. The persons being added 

to the Entity List under this rule have 

been determined by the ERC to be 

involved in activities that could be 

contrary to the national security or 

foreign policy interests of the United 

States. Examples of the specific 

activities these persons were involved 

with that are contrary to the national 

security or foreign policy interests of the 

United States pursuant to Section 

744.11 are, as follows: 

Belmicrosystems Research and Design 

Center, SOE Semiconductor Devices 

Factory, Vasili Kuntsevich and Hamid 

Reza Simchi are being added based on 

evidence that they reexported U.S.- 

origin read-out integrated circuit (ROIC) 

wafers to Electronic Components 

Industries (ECI) of Iran. 

Fang Yu and Xi’an Xiangyu Aviation 

Technology Group are being added due 

to their role in the illegal export to 

China of Unmanned Aerial Vehicle 

(UAV) autopilots controlled for national 

security reasons. 

OnTime Electronics Technology 

Company and Tam Wai Tak, a.k.a., 

Thomsom Tam, are being added due to 

their involvement in the diversion of 

controlled U.S.-origin items through 

Hong Kong to China. On June 5, 2008, 

OnTime Electronics Technology 

Company and Tam Wai Tak were 

indicted in the Southern District of 

Florida for conspiracy and violations of 

the Arms Export Control Act and the 

International Emergency Economic 

Powers Act. 

Fadjr Marine Industries, a.k.a., 

SADAF; Tadbir Sanaat Sharif 

Technology Development Center (TSS); 

Austral Aero-Marine Corp. Sdn Bhd; 

Austral Aviation Corp.; Jimmy Tok; Mok 

Chin Fan, a.k.a., Chong Chen Fah; Leigh 

Michau; Q–SPD (Q–Marine 

International Ltd.); Gunther Migeotte; 

Icarus Design AS; Icarus Marine (Pty) 

Ltd.; Ralph Brucher; Scavenger 

Manufacturing (Pty) Ltd.; Shawn Hugo 

De Villiers; and Ad Hoc Marine Designs 

Ltd., are being added for illegally 

reexporting the Bradstone Challenger, a 

vessel that was subject to the EAR, to 

Iran for intended use by the Iranian 


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36518 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

Revolutionary Guard Corps (IRGC) Navy 

and for providing technical assistance 

on Iranian naval projects. 

In addition, the Department of 

Commerce has reason to believe that 

Chinese electro-optics procurement firm 

Toptics, Inc. has procured U.S. origin 

uncooled thermal imaging cameras and 

may have reexported these items to Iran. 

This rule implements the decision of 

the ERC to add twenty-four persons 

under twenty-five entries to the Entity 

List on the basis of Section 744.11 of the 

EAR. For all of the twenty-four persons 

under twenty-five entries added to the 

Entity List, the ERC specifies a license 

requirement for all items subject to the 

EAR and establishes a license 

application review policy of a 

presumption of denial. A BIS license is 

required for the export, reexport or 

transfer (in-country) of any item subject 

to the EAR to any of the persons listed 

above and described below in further 

detail, including any transaction in 

which any of the listed persons will act 

as purchaser, intermediate consignee, 

ultimate consignee, or end-user of the 

items. This listing of these persons also 

prohibits the use of license exceptions 

(see part 740 of the EAR) for exports, 

reexports and transfers (in-country) of 

items subject to the EAR involving such 

persons. 

Specifically, this rule adds the 

following twenty-four persons under 

twenty-five entries to the Entity List: 

BELARUS 

(1) Belmicrosystems Research and 

Design Center, Office 313, 12 

Korzhenevsky Street, 20108 Minsk, 

Republic of Belarus; 

(2) SOE Semiconductor Devices Factory, 

Office 313, 12 Korzhenevsky Street, 

20108 Minsk, Republic of Belarus; 

and 

(3) Vasili Kuntsevich, Office 313, 12 

Korzhenevsky Street, 20108 Minsk, 

Republic of Belarus. 

CHINA 

(1) Fang Yu, 16 Gaoxin 4th Road, Xian 

High Tech Industrial Development 

Zone, Xian, China; 

(2) Toptics, Inc., Chuangye Building 7/ 

1F, 1197 Bin’An Road, Binjiang, 

Hangzhou, Zhejiang 310052, China; 

and 

(3) Xi’an Xiangyu Aviation Technology 

Group, a.k.a., Xi’an Xiangyu 

Aviation Technology Company, 16 

Gaoxin 4th Road, Xian High Tech 

Industrial Development Zone, Xian, 

China. 

HONG KONG 

(1) OnTime Electronics Technology 

Company, Room 609–610 6/F Boss 

Commercial Center, 28 Ferry Street, 

Jordon, Kowloon, Hong Kong; and 

(2) Tam Wai Tak, a.k.a., Thomsom Tam, 

Room 609–610 6/F, Boss 

Commercial Center, 28 Ferry Street, 

Jordon, Kowloon, Hong Kong. 

IRAN 

(1) Fadjr Marine Industries, a.k.a., 

SADAF, 169 Malekloo Ave, Farjam 

Ave, Tehran Pars, Tehran, Iran; 

(2) Hamid Reza Simchi, P.O. Box 

19575–354, Tehran, Iran; and 

(3) Tadbir Sanaat Sharif Technology 

Development Center (TSS), First 

Floor, No. 25 Shahid Siadat 

Boulevard, North Zanjan 

Street,Yadegar Emam Highway, 

Tehran, Iran. 

MALAYSIA 

(1) Austral Aero-Marine Corp. Sdn Bhd, 

10A Jalan 2/137B, Resource 

Industrial Centre Off Jalan Kelang 

Lama 58000, Kuala Lumpur, 

Malaysia; 

(2) Austral Aviation Corp., 10A Jalan 2/ 

137B, Resource Industrial Centre 

Off Jalan Kelang Lama 58000, Kuala 

Lumpur, Malaysia; 

(3) Jimmy Tok, 10A Jalan 2/137B, 

Resource Industrial Centre Off Jalan 

Kelang Lama 58000, Kuala Lumpur, 

Malaysia; and 

(4) Mok Chin Fan, a.k.a., Chong Chen 

Fah, 10A Jalan 2/137B, Resource 

Industrial Centre Off Jalan Kelang 

Lama 58000, Kuala Lumpur, 

Malaysia. 

NEW ZEALAND 

(1) Leigh Michau, P.O. Box 34–881, 

Birkenhead, Auckland, New 

Zealand; and 

(2) Q–SPD (Q–Marine International 

Ltd.), P.O. Box 34–881, Birkenhead, 

Auckland, New Zealand. 

NORWAY 

(1) Gunther Migeotte, Titangata 1, N– 

1630 Gamle, Fredrikstad, Norway; 

and H. Evjes vei 8A, Gressvik, 

Norway; and Holsneset 19, 6030 

Langevag, Norway; and Titangata 1, 

1630 Fredrikstad, Norway (See 

alternate address under South 

Africa); and 

(2) Icarus Design AS, Titangata 1 N– 

1630 Gamle, Fredrikstad, Norway. 

SOUTH AFRICA 

(1) Gunther Migeotte, 1 River Street, 

Rosebank, Cape Town, 7700, South 

Africa; and P.O. Box 36623, Menlo 

Park, 0102, South Africa; and 16 

Manu Rua, 262 Sprite Avenue, 

Faerie Glen, 0081, South Africa (See 

alternate address under Norway); 

(2) Icarus Marine (Pty) Ltd., 1 River 

Street, Rosebank, Cape Town, South 

Africa; 

(3) Ralph Brucher, P.O. Box 9523, 

Centurion 0046, South Africa; 

(4) Scavenger Manufacturing (Pty) Ltd., 

P.O. Box 288, Silverton, Pretoria 

0127, South Africa; and 

(5) Shawn Hugo De Villiers, 1 River 

Street, Rosebank, Cape Town 7700, 

South Africa; and 39 Myburgii 

Street, Somerset West, Cape Town, 

South Africa. 

UNITED KINGDOM 

(1) Ad Hoc Marine Designs Ltd., 38 

Buckland Gardens, Ryde Isle of 

Wight PO 33 3AG United Kingdom. 

Removal From the Entity List 

The ERC also made a determination to 

remove one person, Asia Link, located 

in Hong Kong, as a result of Asia Link’s 

request for removal from the Entity List. 

Based upon the review of the 

information provided in the removal 

request in accordance with Section 

744.16 (Procedure for requesting 

removal or modification of an Entity 

List entity), and further review that was 

conducted by the ERC’s member 

agencies, the ERC determined that Asia 

Link should be removed from the Entity 

List. 

The ERC decision to remove Asia 

Link took into account Asia Link’s 

cooperation with the U.S. Government, 

as well as Asia Link’s assurances of 

future compliance with the EAR. In 

accordance with Section 744.16(c), the 

Deputy Assistant Secretary for Export 

Administration has sent written 

notification to Asia Link informing this 

entity of the ERC’s decision to remove 

it from the Entity List. This final rule 

implements the decision to remove this 

one Hong Kong person from the Entity 

List. 

Specifically, this rule removes the 

following person from the Entity List: 

HONG KONG 

(1) Asia Link, Flat 1022, 10/F, No. 1 

Hung To Rd., Kwun Tong, 

Kowloon, Hong Kong. 

The removal of Asia Link from the 

Entity List (from Hong Kong, as 

described above) eliminates the existing 

license requirement in Supplement No. 

4 to part 744 for exports, reexports and 

transfers (in-country) to this person. 

However, the removal of Asia Link from 

the Entity List does not relieve persons 

of other obligations under part 744 of 

the EAR or under other parts of the 

EAR. Neither the removal of a person 

from the Entity List nor the removal of 

Entity List-based license requirements 

relieves persons of their obligations 


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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36519 

under General Prohibition 5 in Section 

736.2(b)(5) of the EAR, which provides 

that, ‘‘you may not, without a license, 

knowingly export or reexport any item 

subject to the EAR to an end-user or 

end-use that is prohibited by part 744 of 

the EAR.’’ Nor do such removals relieve 

persons of their obligation to apply for 

export, reexport or in-country transfer 

licenses required by other provisions of 

the EAR. BIS strongly urges the use of 

Supplement No. 3 to part 732 of the 

EAR, ‘‘BIS’s ‘Know Your Customer’ 

Guidance and Red Flags,’’ when persons 

are involved in transactions that are 

subject to the EAR. 

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 on dock for loading, on 

lighter, laden aboard an exporting or 

reexporting carrier, or en route aboard a 

carrier to a port of export or reexport, on 

June 28, 2010, 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) so long as they are exported or 

reexported before July 13, 2010. Any 

such items not actually exported or 

reexported before midnight, on July 13, 

2010, require a license in accordance 

with this rule. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 13, 2009, 74 FR 41325 

(August 14, 2009), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. 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 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. Total burden hours 

associated with the Paperwork 

Reduction Act and Office and 

Management and Budget control 

number 0694–0088 are expected to 

increase slightly as a result of this rule. 

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 

participation, 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 prevent 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. 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 13, 2009, 74 FR 41325 

(August 14, 2009); Notice of November 6, 

2009, 74 FR 58187 (November 10, 2009). 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ (a) By adding, in alphabetical order, 

the destination of Belarus under the 

Country column and three Belarusian 

entities; 

■ (b) By adding under China, People’s 

Republic of, in alphabetical order, three 

Chinese entities; 

■ (c) By removing under Hong Kong, 

this one Hong Kong entity ‘‘Asia Link, 

Flat 1022, 10/F, No. 1 Hung To Rd., 

Kwun Tong, Kowloon, Hong Kong’’; 

■ (d) By adding under Hong Kong, in 

alphabetical order, two Hong Kong 

entities; 

■ (e) By adding under Iran, in 

alphabetical order, three Iranian 

entities; 

■ (f) By adding under Malaysia, in 

alphabetical order, four Malaysian 

entities; 

■ (g) By adding, in alphabetical order, 

the destination of New Zealand under 

the Country column and two New 

Zealanders entities; 

■ (h) By adding, in alphabetical order, 

the destination of Norway under the 

Country column and two Norwegian 

entities; 

■ (i) By adding, in alphabetical order, 

the destination of South Africa under 

the Country column and five South 

African entities; and 

■ (j) By adding under United Kingdom, 

in alphabetical order, one British entity. 

The additions read as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License requirement License 

review policy 

Federal 

Register 

citation 


erowe on DSK5CLS3C1PROD with RULES
36520 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License requirement License 

review policy 

Federal 

Register 

citation 

*******

BELARUS ................... Belmicrosystems Research and Design Center, Office 313, 12 Korzhenevsky Street, 

20108 Minsk, Republic of Belarus.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

SOE Semiconductor Devices Factory, Office 

313, 12 Korzhenevsky Street, 20108 

Minsk, Republic of Belarus.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER ] 

6/28/10. 

Vasili Kuntsevich, Office 313, 12 

Korzhenevsky Street, 20108 Minsk, Republic of Belarus.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

CHINA, PEOPLE’S 

REPUBLIC OF 

*******

Fang Yu, 16 Gaoxin 4th Road, Xian High 

Tech Industrial Development Zone, Xian, 

China.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER]. 

6/28/10. 

*******

Toptics, Inc., Chuangye Building 7/1F, 1197 

Bin’An Road, Binjiang, Hangzhou, 

Zhejiang 310052, China.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

Xi’an Xiangyu Aviation Technology Group, 

a.k.a., Xi’an Xiangyu Aviation Technology 

Company, 16 Gaoxin 4th Road, Xian High 

Tech Industrial Development Zone, Xian, 

China.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

HONG KONG 

*******

OnTime Electronics Technology Company, 

Room 609–610 6/F Boss Commercial 

Center, 28 Ferry Street, Jordon, Kowloon, 

Hong Kong.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

Tam Wai Tak, a.k.a., Thomsom Tam, Room 

609–610 6/F, Boss Commercial Center, 28 

Ferry Street, Jordon, Kowloon, Hong Kong.

For all items subject 

to the EAR. (See 

744.11 of the EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

IRAN 

*******

Fadjr Marine Industries, a.k.a., SADAF, 169 

Malekloo Ave., Farjam Ave., Tehran Pars, 

Tehran, Iran.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 


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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 36521 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License requirement License 

review policy 

Federal 

Register 

citation 

*******

Hamid Reza Simchi, P.O. Box 19575–354, 

Tehran, Iran.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

Tadbir Sanaat Sharif Technology Development Center (TSS), First Floor, No. 25 

Shahid Siadat Boulevard, North Zanjan 

Street, Yadegar Emam Highway, Tehran, 

Iran.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

MALAYSIA 

*******

Austral Aero-Marine Corp. Sdn Bhd, 10A 

Jalan 2/137B, Resource Industrial Centre 

Off Jalan Kelang Lama 58000, Kuala 

Lumpur, Malaysia.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Austral Aviation Corp., 10A Jalan 2/137B, 

Resource Industrial Centre Off Jalan 

Kelang Lama 58000, Kuala Lumpur, Malaysia.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

Jimmy Tok, 10A Jalan 2/137B, Resource Industrial Centre Off Jalan Kelang Lama 

58000, Kuala Lumpur, Malaysia.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

Mok Chin Fan, a.k.a., Chong Chen Fah, 10A 

Jalan 2/137B, Resource Industrial Centre 

Off Jalan Kelang Lama 58000, Kuala 

Lumpur, Malaysia.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

NEW ZEALAND ......... Leigh Michau, P.O. Box 34–881, 

Birkenhead, Auckland, New Zealand.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Q–SPD (Q-Marine International Ltd.), P.O. 

Box 34–881, Birkenhead, Auckland, New 

Zealand.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

NORWAY ................... Gunther Migeotte, Titangata 1, N–1630 

Gamle, Fredrikstad, Norway; and H. Evjes 

vei 8A, Gressvik, Norway; and Holsneset 

19, 6030 Langevag, Norway; and 

Titangata 1, 1630 Fredrikstad, Norway. 

(See alternate address under South Africa).

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Icarus Design AS, Titangata 1 N–1630 

Gamle, Fredrikstad, Norway.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 


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36522 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License requirement License 

review policy 

Federal 

Register 

citation 

*******

SOUTH AFRICA ........ Gunther Migeotte, 1 River Street, Rosebank, 

Cape Town, 7700, South Africa; and P.O. 

Box 36623, Menlo Park, 0102, South Africa; and 16 Manu Rua, 262 Sprite Avenue, 

Faerie Glen, 0081, South Africa (See alternate address under Norway).

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Icarus Marine (Pty) Ltd., 1 River Street, 

Rosebank, Cape Town, South Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Ralph Brucher, P.O. Box 9523, Centurion 

0046, South Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Scavenger Manufacturing (Pty) Ltd., P.O. 

Box 288, Silverton, Pretoria 0127, South 

Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

Shawn Hugo De Villiers, 1 River Street, 

Rosebank, Cape Town 7700, South Africa; 

and 39 Myburgii Street, Somerset West, 

Cape Town, South Africa.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

UNITED KINGDOM .... Ad Hoc Marine Designs Ltd., 38 Buckland 

Gardens, Ryde, Isle of Wight PO 33 3AG, 

United Kingdom.

For all items subject 

to the EAR. (See 

§ 744.11 of the 

EAR).

Presumption of denial 75 FR [INSERT FR 

PAGE NUMBER] 

6/28/10. 

*******

Dated: June 21, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–15447 Filed 6–25–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Parts 22 and 51 

[Public Notice: 7068] 

RIN 1400–AC58 

Schedule of Fees for Consular 

Services, Department of State and 

Overseas Embassies and Consulates 

AGENCY: Bureau of Consular Affairs, 

State. 

ACTION: Interim final rule. 

SUMMARY: Further to the Department’s 

proposed rule to amend the Schedule of 

Fees for Consular Services (Schedule of 

Fees), the Department of State is 

adjusting a number of fees in light of an 

independent cost of service study’s 

findings that the U.S. Government is not 

fully covering its costs for providing 

these services under the current fee 

structure. The primary objective of the 

adjustments to the Schedule of Fees is 

to ensure that fees for consular services 

reflect costs to the United States of 

providing the services to the extent 

possible. Seventeen hundred and 

ninety-seven comments were received 

during the period for public comment. 

This rule addresses comments received 

thus far, and reopens the comment 

period on these fees for an additional 60 

days. 

DATES: Effective date: This interim final 

rule becomes effective July 13, 2010. 

Comment date: Written comments must 

be received on or before August 27, 

2010. 

ADDRESSES: Submit comments to Office 

of the Executive Director, Bureau of 

Consular Affairs, Department of State, 

Suite H1004, 2401 E Street, NW., 

Washington, DC 20520. 

FOR FURTHER INFORMATION CONTACT: 

Adriel Bush, Office of the Comptroller, 

Bureau of Consular Affairs, Department 

of State; phone: 202–663–2596, telefax: 

202–663–2499; e-mail: fees@state.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Department published a proposed 

rule in the Federal Register, 75 FR 6321, 

on February 9, 2010 (Public Notice 

6887), proposing to amend sections of 

22 CFR 22. Specifically, the rule 

proposed changes to the Schedule of 

Fees for Consular Services and provided 

30 days for comments from the public. 

In response to requests by the public for 

more information and a further 

opportunity to submit comments, the 

Department subsequently published a 

supplementary notice in the Federal 

Register, 75 FR 14111, on March 24, 

2010 (Public Notice 6928). The 

supplementary notice provided a more 

detailed explanation of the Cost of 

Service Study (CoSS), the activity-based 

costing model that the Department used 

to determine the proposed fees for 

consular services, and reopened the 

comment period for an additional 15 

days. During this and the previous 30- 

day comment period, 1,797 comments 

were received, either by email or 

through the submission process at 

http://www.regulations.gov. The current 

notice reflects responses by the 


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