7358 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 100115025–0032–01] 

RIN 0694–AE84 

Addition of Certain Persons to the 

Entity List: Addition of Persons Acting 

Contrary to the National Security or 

Foreign Policy Interests of the United 

States 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding ten additional persons located in 

Hong Kong and Taiwan to the Entity 

List (Supplement No. 4 to Part 744) on 

the basis of Section 744.11 of the EAR. 

These persons that 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. 

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 February 19, 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–AE84, by any of 

the following methods: 

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

Include ‘‘RIN 0694–AE84’’ 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–AE84. 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–AE84)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Scott Sangine, Acting 

Chairman, End-User Review Committee, 

Office of the Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–3343, Fax: (202) 482– 

3911, e-mail: bscott@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 

The ERC made a determination to add 

ten persons to the Entity List on the 

basis of § 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 ten entries added to the 

Entity List consist of six persons in 

Hong Kong and four persons in Taiwan. 

The ERC reviewed § 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 

§ 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. 

Additions to the Entity List 

This rule implements the decision of 

the ERC to add ten persons to the Entity 

List on the basis of § 744.11 of the EAR. 

For all of the ten persons 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. The license 

requirement applies to any transaction 

in which items are to be exported, 

reexported or transferred (in-country) to 

such persons or in which such persons 

act as purchaser, intermediate 

consignee, ultimate consignee, or enduser. In addition, no license exceptions 

are available for shipments to those 

persons being added to the Entity List. 

Specifically, this rule adds the 

following ten persons to the Entity List: 

Hong Kong 

(1) ACTeam Logistics Ltd., Unit B1– 

B3, 21/F, Block B, Kong Nam Industrial 

Building, 603–609 Castle Peak Road, 

Tsuen Wan, N.T., Hong Kong; 

(2) Dick Kuo, Room 9–11, 5/F, Block 

B, Hoplite Industrial Centre, 3–5 Wang 

Tai Road, Kowloon, Hong Kong; 

(3) Dick Leung, GF Seapower 

Industrial Building 177, Hoi Bun Road, 

Kowloon, Hong Kong; 

(4) Joe Shih, Room 9–11, 5/F, Block B, 

Hoplite Industrial Centre, 3–5 Wang Tai 

Road, Kowloon, Hong Kong; 

(5) Signet Express Co., Ltd., Room 9– 

11, 5/F, Block B, Hoplite Industrial 

Centre, 3–5 Wang Tai Road, Kowloon, 

Hong Kong; and 

(6) Tex-Co Logistics Ltd., GF 

Seapower Industrial Building 177, Hoi 

Bun Road, Kowloon, Hong Kong, and 

Room 2202, 22F, Causeway Bay Plaza 1, 

489 Hennessey Road, Causeway Bay, 

Hong Kong, and Room B03, 6/F, Cheong 

Wah Factory Building, 39–41 Sheung 

Heung Road, Tokwawan, Kowloon, 

Hong Kong. 

Taiwan 

(1) Christine Sun, 7th Floor, Number 

17, Zhonghua Rd., Sec 2, Xinzhuang 

City, Taipei, Taiwan; 

(2) In-Tech Company, a.k.a., In-Tech 

Telecom, Number 15, Lane 347, 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 7359 

Jhongjheng Road, Sinjihuang City, 

Taipei, Taiwan, and 7th Floor, Number 

17, Zhonghua Rd., Sec 2, Xinzhuang 

City, Taipei, Taiwan; 

(3) Landstar Tech Company Ltd., 13/ 

F, Number 181, Sec 1, Datong Rd., 

Sijhih City, Taipei, Taiwan; and 

(4) Yi-Lan Chen, a.k.a., Kevin Chen, 

13/F, Number 181, Sec 1, Datong Rd., 

Sijhih City, Taipei, Taiwan, and 7th 

Floor, Number 17, Zhonghua Rd., Sec 2, 

Xinzhuang City, Taipei, Taiwan. 

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, 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. 

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 

February 19, 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 March 22, 2010. Any 

such items not actually exported or 

reexported before midnight, on March 

22, 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)). 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 under Hong Kong, in 

alphabetical order, six Hong Kong 

entities; and 

■ b. By adding, in alphabetical order, 

the destination of Taiwan under the 

Country column and four Taiwanese 

entities; 

The additions read as follows: 

Supplement No. 4 to Part 744—Entity 

List 

Country Entity License requirement License 

review policy Federal Register citation 

* * * * * * * 

HONG KONG 

* * * * * * * 

ACTeam Logistics Ltd., Unit 

B1–B3, 21/F, Block B, Kong 

Nam Industrial Building, 

603–609 Castle Peak 

Road, Tsuen Wan, N.T., 

Hong Kong.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 75 FR [INSERT FR PAGE 

NUMBER], 2/19/10. 


srobinson on DSKHWCL6B1PROD with RULES
7360 Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 

Country Entity License requirement License 

review policy Federal Register citation 

* * * * * * * 

Dick Kuo, Room 9–11, 5/F, 

Block B, Hoplite Industrial 

Centre, 3–5 Wang Tai 

Road, Kowloon, Hong Kong.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 75 [INSERT FR PAGE NUMBER], 2/19/10. 

Dick Leung, GF Seapower Industrial Building 177, Hoi 

Bun Road, 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], 2/19/10. 

* * * * * * * 

Joe Shih, Room 9–11, 5/F, 

Block B, Hoplite Industrial 

Centre, 3–5 Wang Tai 

Road, 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], 2/19/10. 

* * * * * * * 

Signet Express Co., Ltd., 

Room 9–11, 5/F, Block B, 

Hoplite Industrial Centre, 3– 

5 Wang Tai Road, 

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], 2/19/10. 

* * * * * * * 

Tex-Co Logistics Ltd., GF 

Seapower Industrial Building 177, Hoi Bun Road, 

Kowloon, Hong Kong, and 

Room 2202, 22F, Causeway Bay Plaza 1, 489 

Hennessey Road, Causeway Bay, Hong Kong, and 

Room B03, 6/F, Cheong 

Wah Factory Building, 39– 

41 Sheung Heung Road, 

Tokwawan, 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], 2/19/10. 

* * * * * * * 

TAIWAN ........ Christine Sun, 7th Floor, 

Number 17, Zhonghua Rd., 

Sec 2, Xinzhuang City, Taipei, Taiwan.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 75 FR [INSERT FR PAGE 

NUMBER], 2/19/10. 

In-Tech Company, a.k.a., InTech Telecom, Number 15, 

Lane 347, Jhongjheng 

Road, Sinjihuang City, Taipei, Taiwan, and 7th Floor, 

Number 17, Zhonghua Rd., 

Sec 2, Xinzhuang City, Taipei, Taiwan.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 75 FR [INSERT FR PAGE 

NUMBER], 2/19/10. 

Landstar Tech Company Ltd., 

13/F, Number 181, Sec 1, 

Datong Rd., Sijhih City, Taipei, Taiwan.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 75 FR [INSERT FR PAGE 

NUMBER], 2/19/10. 

Yi-Lan Chen, a.k.a., Kevin 

Chen, 13/F, Number 181, 

Sec 1, Datong Rd., Sijhih 

City, Taipei, Taiwan, and 

7th Floor, Number 17, 

Zhonghua Rd., Sec 2, 

Xinzhuang City, Taipei, Taiwan.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 75 FR [INSERT FR PAGE 

NUMBER], 2/19/10. 

* * * * * * * 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 33 / Friday, February 19, 2010 / Rules and Regulations 7361 

Dated: February 3, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–3278 Filed 2–18–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 300 

[Docket No. 070717350–9936–02] 

RIN 0648–AV63 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Initial 

Implementation of the Western and 

Central Pacific Fisheries Convention; 

Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects the 

effective date of final regulations 

published in the Federal Register on 

January 21, 2010, from February 22, 

2010, to April 21, 2010. The rule 

establishes regulations needed to carry 

out the obligations of the United States 

under the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention). The regulations include 

requirements related to permitting, 

vessel monitoring systems, vessel 

observers, vessel markings, reporting 

and recordkeeping, at-sea 

transshipment, and boarding and 

inspection on the high seas, among 

others. The rule will have the effect of 

requiring that all relevant U.S. fishing 

vessels are operated in conformance 

with the provisions of the Convention. 

DATES: The effective date of the final 

regulations published in the Federal 

Register on January 21, 2010, at 75 FR 

3335, is April 21, 2010. 

FOR FURTHER INFORMATION CONTACT: Tom 

Graham, NMFS Pacific Islands Region, 

808–944–2219. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

In the document published January 

21, 2010 (75 FR 3335), under the DATES

section, the effective date of the final 

rule was erroneously stated as being 

February 22, 2010. This document 

corrects the effective date to read as 

follows: 

DATES: This final rule is effective April 

21, 2010. 

Authority: 16 U.S.C. 5501 et seq; 16 U.S.C. 

6901 et seq. 

Dated: February 12, 2010. 

Samuel D. Rauch III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

[FR Doc. 2010–3277 Filed 2–18–10; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 922 

[Docket No. 090122043–0025–02] 

RIN 0648–AX37 

Gray’s Reef National Marine Sanctuary 

Regulations on the Use of Spearfishing 

Gear 

AGENCY: Office of National Marine 

Sanctuaries (ONMS), National Ocean 

Service (NOS), National Oceanic and 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Final rule. 

SUMMARY: The National Oceanic and 

Atmospheric Administration (NOAA) is 

issuing a final rule to prohibit the use 

of spearfishing gear in Gray’s Reef 

National Marine Sanctuary (GRNMS or 

sanctuary). Possession of spearfishing 

gear is also prohibited except for vessels 

passing through the sanctuary without 

interruption, and only when the gear is 

stowed and not available for immediate 

use. Spearfishing can selectively target 

larger fish, and can significantly reduce 

abundance and alter the relative size 

structure of target species toward 

smaller fish. In addition, spearfishing 

can impact ecosystem health by altering 

the composition of the overall natural 

communities of species. The largest fish 

are important as predators in 

maintaining a balanced and complete 

ecosystem; their selective removal may 

cause ecological imbalance. Therefore, 

the prohibition provides protection to 

the fishes and natural live-bottom 

community for which the sanctuary was 

designated. The final rule also facilitates 

enforcement of an existing prohibition 

against the use of powerheads within 

the sanctuary. An environmental 

assessment has been prepared for this 

proposed action. 

DATES: Effective Date: These regulations 

are effective on March 22, 2010. 

ADDRESSES: Copies of the environmental 

assessment and the socio-economic 

study described in this rule are available 

upon request to Gray’s Reef National 

Marine Sanctuary, 10 Ocean Science 

Circle, Savannah, GA 31411, Attn: Dr. 

George Sedberry, Superintendent. These 

documents can also be viewed on the 

Web and downloaded at http:// 

graysreef.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stewardship Coordinator Becky 

Shortland at (912) 598–2381. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Gray’s Reef National Marine 

Sanctuary 

GRNMS was designated as the 

nation’s fourth national marine 

sanctuary in 1981 for the purposes of 

protecting the quality of its unique and 

fragile ecological community; promoting 

scientific understanding of the live 

bottom ecosystem; and enhancing 

public awareness and wise use of this 

significant regional resource. GRNMS 

protects 16.68 square nautical miles of 

open ocean and submerged lands of 

particularly dense and nearshore 

patches of productive live bottom 

habitat. The sanctuary is influenced by 

complex ocean currents and serves as a 

mixing zone for temperate (colder 

water) and sub-tropical species. The 

series of rock ledges and sand expanses 

has produced a complex habitat of 

caves, burrows, troughs, and overhangs 

that provide a solid base upon which a 

rich carpet of temperate and tropical 

marine flora and fauna attach and grow. 

This flourishing ecosystem attracts 

mackerel, grouper, black sea bass, 

angelfish, and a host of other fishes. An 

estimated 180 species of fish, 

encompassing a wide variety of sizes, 

forms, and ecological roles, have been 

recorded at GRNMS. Loggerhead sea 

turtles, a threatened species, use 

GRNMS year-round for foraging and 

resting, and the highly endangered 

northern right whale is occasionally 

seen in Gray’s Reef. GRNMS is one of 

the most popular sportfishing areas 

along the Georgia coast. 

B. Need for Action 

This regulation is being promulgated 

for two reasons. First, the action 

provides greater protection to sanctuary 

resources by removing a gear type that 

can be used to selectively target larger 

fish, and can thereby negatively alter the 

size structure of fish populations. While 

the number of recreational divers 

spearfishing at GRNMS appears to be 


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