46088 Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 

The application to expand the scope 

of manufacturing authority under zone 

procedures within Subzone 15E, as 

described in the application and 

Federal Register notice, is approved, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28. 

Signed at Washington, DC, this 27th day of 

August 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary of Commerce for 

Import Administration, Alternate Chairman, 

Foreign-Trade Zones Board. 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–21622 Filed 9–4–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1642] 

Designation of New Grantee; ForeignTrade Zone 219, Yuma, AZ; Resolution 

and Order 

Pursuant to its authority under the 

Foreign-Trade Zones Act of June 18, 

1934, as amended (19 U.S.C. 81a–81u), 

and the Foreign-Trade Zones Board 

Regulations (15 CFR Part 400), the 

Foreign-Trade Zones Board (the Board) 

adopts the following Order: 

The Foreign-Trade Zones (FTZ) Board (the 

Board) has considered the application (filed 

06/23/2009) submitted by the Yuma County 

Airport Authority, grantee of FTZ 219, Yuma, 

Arizona, requesting reissuance of the grant of 

authority for said zone to the Greater Yuma 

Economic Development Corporation, a nonprofit organization, which has accepted such 

reissuance subject to approval by the FTZ 

Board. Upon review, the Board finds that the 

requirements of the FTZ Act and the Board’s 

regulations are satisfied, and that the 

proposal is in the public interest. 

Therefore, the Board approves the 

application and recognizes the Greater Yuma 

Economic Development Corporation as the 

new grantee of Foreign Trade Zone 219, 

subject to the FTZ Act and the Board’s 

regulations, including Section 400.28. 

Signed at Washington, DC, this 27th day of 

August 2009. 

Ronald K. Lorentzen, 

Acting Assistant Secretary of Commerce for 

Import Administration, Alternate Chairman, 

Foreign-Trade Zones Board. 

Attest: 

Andrew McGilvray, 

Executive Secretary. 

[FR Doc. E9–21621 Filed 9–4–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

[Docket No. 0908181241–91250–01] 

Effects of Foreign Policy-Based Export 

Controls 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Request for comments on 

foreign policy-based export controls. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is reviewing the foreign 

policy-based export controls in the 

Export Administration Regulations to 

determine whether they should be 

modified, rescinded or extended. To 

help make these determinations, BIS is 

seeking comments on how existing 

foreign policy-based export controls 

have affected exporters and the general 

public. 

DATES: Comments must be received by 

October 8, 2009. 

ADDRESSES: Comments may be sent by 

e-mail to publiccomments@bis.doc.gov 

or on paper to Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230. Include the phrase ‘‘FPBEC 

Comment’’ in the subject line of the email message or on the envelope if 

submitting comments on paper. 

FOR FURTHER INFORMATION CONTACT: Joan 

Roberts, Foreign Policy Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–4252. 

Copies of the current Annual Foreign 

Policy Report to the Congress are 

available at http://www.bis.doc.gov/ 

news/2009/2009-fpr.pdf and copies may 

also be requested by calling the Office 

of Nonproliferation and Treaty 

Compliance at the number listed above. 

SUPPLEMENTARY INFORMATION: Foreign 

policy-based controls in the Export 

Administration Regulations (EAR) are 

implemented pursuant to Section 6 of 

the Export Administration Act of 1979, 

as amended. The current foreign policybased export controls maintained by the 

Bureau of Industry and Security (BIS) 

are set forth in the EAR, including in 

parts 742 (CCL Based Controls), 744 

(End-User and End-Use Based Controls) 

and 746 (Embargoes and Other Special 

Controls). These controls apply to a 

range of countries, items, activities and 

persons, including: entities acting 

contrary to the national security or 

foreign policy interests of the United 

States (§ 744.11); certain general 

purpose microprocessors for ‘military 

end-uses’ and ‘military end-users’ 

(§ 744.17); significant items (SI): hot 

section technology for the development, 

production, or overhaul of commercial 

aircraft engines, components, and 

systems (§ 742.14); encryption items 

(§ 742.15); crime control and detection 

commodities (§ 742.7); specially 

designed implements of torture 

(§ 742.11); certain firearms and related 

items based on the Organization of 

American States Model Regulations for 

the Control of the International 

Movement of Firearms, their Parts and 

Components and Munitions included 

within the Inter-American Convention 

Against the Illicit Manufacturing of and 

Trafficking in Firearms, Ammunition, 

Explosives, and Other Related Materials 

(§ 742.17); regional stability items 

(§ 742.6); equipment and related 

technical data used in the design, 

development, production, or use of 

certain rocket systems and unmanned 

air vehicles (§§ 742.5 and 744.3); 

chemical precursors and biological 

agents, associated equipment, technical 

data, and software related to the 

production of chemical and biological 

agents (§§ 742.2 and 744.4) and various 

chemicals included in those controlled 

pursuant to the Chemical Weapons 

Convention (§ 742.18); nuclear 

propulsion (§ 744.5); aircraft and vessels 

(§ 744.7); restrictions to exports on 

certain persons designated as weapons 

of mass destruction proliferators 

(§ 744.8); communication intercepting 

devices (software and technology) 

(§ 742.13); embargoed countries (part 

746); countries designated as supporters 

of acts of international terrorism 

(§§ 742.8, 742.9, 742.10, 742.19, 746.2, 

746.4, 746.7, and 746.9); certain entities 

in Russia (§ 744.10); individual 

terrorists and terrorist organizations 

(§§ 744.12, 744.13 and 744.14); certain 

persons designated by Executive Order 

13315 (‘‘Blocking Property of the 

Former Iraqi Regime, Its Senior Officials 

and Their Family Members’’) (§ 744.18); 

and certain sanctioned entities 

(§ 744.20). Attention is also given in this 

context to the controls on nuclearrelated commodities and technology 

(§§ 742.3 and 744.2), which are, in part, 

implemented under section 309(c) of the 

Nuclear Non Proliferation Act. 

Under the provisions of section 6 of 

the Export Administration Act of 1979, 

as amended (50 U.S.C. app. §§ 2401– 

2420 (2000)) (EAA), export controls 

maintained for foreign policy purposes 

require annual extension. Section 6 of 

the EAA requires a report to Congress 

when foreign policy-based export 

controls are extended. The EAA expired 

on August 20, 2001. Executive Order 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 172 / Tuesday, September 8, 2009 / Notices 46089 

13222 of August 17, 2001 (3 CFR, 2001 

Comp., p. 783 (2002)), which has been 

extended by successive Presidential 

Notices, the most recent being that of 

August 13, 2009 (74 FR 41,325 (August 

14, 2009)), continues the EAR and, to 

the extent permitted by law, the 

provisions of the EAA, in effect under 

the International Emergency Economic 

Powers Act (50 U.S.C. 1701–1706 

(2000)). The Department of Commerce, 

insofar as appropriate, is following the 

provisions of Section 6 by reviewing its 

foreign policy-based export controls, 

requesting public comments on such 

controls, and preparing a report to be 

submitted to Congress. In January 2009, 

the Secretary of Commerce, on the 

recommendation of the Secretary of 

State, extended for one year all foreign 

policy-based export controls then in 

effect. BIS is now soliciting public 

comment on the effects of extending or 

modifying the existing foreign policybased export controls for another year. 

Among the criteria considered in 

determining whether to continue or 

revise U.S. foreign policy-based export 

controls are the following: 

1. The likelihood that such controls 

will achieve the intended foreign policy 

purpose, in light of other factors, 

including the availability from other 

countries of the goods, software or 

technology proposed for such controls; 

2. Whether the foreign policy 

objective of such controls can be 

achieved through negotiations or other 

alternative means; 

3. The compatibility of the controls 

with the foreign policy objectives of the 

United States and with overall United 

States policy toward the country subject 

to the controls; 

4. Whether the reaction of other 

countries to the extension of such 

controls is not likely to render the 

controls ineffective in achieving the 

intended foreign policy objective or be 

counterproductive to United States 

foreign policy interests; 

5. The comparative benefits to U.S. 

foreign policy objectives versus the 

effect of the controls on the export 

performance of the United States, the 

competitive position of the United 

States in the international economy, the 

international reputation of the United 

States as a supplier of goods and 

technology; and 

6. The ability of the United States to 

enforce the controls effectively. 

BIS is particularly interested in 

receiving comments on the economic 

impact of proliferation controls. BIS is 

also interested in industry information 

relating to the following: 

1. Information on the effect of foreign 

policy-based export controls on sales of 

U.S. products to third countries (i.e., 

those countries not targeted by 

sanctions), including the views of 

foreign purchasers or prospective 

customers regarding U.S. foreign policybased export controls. 

2. Information on controls maintained 

by U.S. trade partners. For example, to 

what extent do U.S. trade partners have 

similar controls on goods and 

technology on a worldwide basis or to 

specific destinations? 

3. Information on licensing policies or 

practices by our foreign trade partners 

that are similar to U.S. foreign policybased export controls, including license 

review criteria, use of conditions, 

requirements for pre- and post-shipment 

verifications (preferably supported by 

examples of approvals, denials and 

foreign regulations). 

4. Suggestions for revisions to foreign 

policy-based export controls that would 

bring them more into line with 

multilateral practice. 

5. Comments or suggestions as to 

actions that would make multilateral 

controls more effective. 

6. Information that illustrates the 

effect of foreign policy-based export 

controls on trade or acquisitions by 

intended targets of the controls. 

7. Data or other information on the 

effect of foreign policy-based export 

controls on overall trade at the level of 

individual industrial sectors. 

8. Suggestions as to how to measure 

the effect of foreign policy-based export 

controls on trade. 

9. Information on the use of foreign 

policy-based export controls on targeted 

countries, entities, or individuals. 

BIS is also interested in comments 

relating generally to the extension or 

revision of existing foreign policy-based 

export controls. 

Parties submitting comments are 

asked to be as specific as possible. All 

comments received before the close of 

the comment period will be considered 

by BIS in reviewing the controls and 

developing the report to Congress. 

All comments must be in writing 

(either e-mail or on paper). All 

comments will be a matter of public 

record and will be available for public 

inspection and copying. 

These comments will be displayed on 

BIS’s Freedom of Information Act 

(FOIA) Web site at www.bis.doc.gov/ 

foia. 

Dated: September 2, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–21591 Filed 9–4–09; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[Order No. 1644] 

Grant of Authority for Subzone Status; 

Cellusuede Products, Inc. (Flock 

Fiber), Rockford, IL 

Pursuant to its authority under the 

Foreign-Trade Zones Act of June 18, 

1934, as amended (19 U.S.C. 81a-81u), 

the Foreign-Trade Zones Board (the 

Board) adopts the following Order: 

Whereas, the Foreign-Trade Zones Act 

provides for ‘‘* * * the establishment 

* * * of foreign-trade zones in ports of 

entry of the United States, to expedite 

and encourage foreign commerce, and 

for other purposes,’’ and authorizes the 

Foreign-Trade Zones Board to grant to 

qualified corporations the privilege of 

establishing foreign-trade zones in or 

adjacent to U.S. Customs and Border 

Protection ports of entry; 

Whereas, the Board’s regulations (15 

CFR Part 400) provide for the 

establishment of special-purpose 

subzones when existing zone facilities 

cannot serve the specific use involved, 

and when the activity results in a 

significant public benefit and is in the 

public interest; 

Whereas, the Greater Rockford Airport 

Authority, grantee of Foreign-Trade 

Zone 176, has made application to the 

Board for authority to establish a 

special-purpose subzone at the flock 

fiber manufacturing and distribution 

facility of Cellusuede Products, Inc., 

located in Rockford, Illinois, (FTZ 

Docket 48–2008, filed 9–3–2008); 

Whereas, notice inviting public 

comment has been given in the Federal 

Register (73 FR 52816–52817, 9–11–08) 

and the application has been processed 

pursuant to the FTZ Act and the Board’s 

regulations; and, 

Whereas, the Board adopts the 

findings and recommendations of the 

examiner’s report, and finds that the 

requirements of the FTZ Act and 

Board’s regulations would be satisfied, 

and that the proposal would be in the 

public interest if subject to the 

restriction listed below; 

Now, therefore, the Board hereby 

grants authority for subzone status for 

activity related to the manufacturing 

and distribution of flock fiber at the 

facility of Cellusuede Products, Inc., 

located in Rockford, Illinois (Subzone 

1‘76F), as described in the application 

and Federal Register notice, subject to 

the FTZ Act and the Board’s regulations, 

including Section 400.28, and further 

subject to the following restriction: 

Privileged foreign status (19 CFR 146.41) 

shall be elected on foreign status nylon, 


jlentini on DSKJ8SOYB1PROD with NOTICES