Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47915 

1The Related Persons Order was issued in 

accordance with Section 766.23 of the Regulations, 

15 CFR 766.23, and was published in the Federal 

Register on July 24, 2008. 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Eastern Washington Cascades 

Provincial Advisory Committee and the 

Yakima Provincial Advisory Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of Meeting. 

SUMMARY: The Eastern Washington 

Cascades Provincial Advisory 

Committee and the Yakima Provincial 

Advisory Committee will meet on 

October 7, 2009 at the OkanoganWenatchee National Forest 

Headquarters Office, 215 Melody Lane, 

Wenatchee, WA. During this meeting 

information will be shared about the 

Forest’s Travel Management plan and 

process, the Forest Plan update, and 

Cabin Users Fee Fairness Act. All 

Eastern Washington Cascades and 

Yakima Province Advisory Committee 

meetings are open to the public. 

FOR FURTHER INFORMATION CONTACT: 

Direct questions regarding this meeting 

to Becki Heath, Designated Federal 

Official, USDA, Okanogan-Wenatchee 

National Forest, 215 Melody Lane, 

Wenatchee, Washington 98801, 509– 

664–9200. 

Dated: September 14, 2009. 

Rebecca Lockett Heath, 

Designated Federal Official, OkanoganWenatchee National Forest. 

[FR Doc. E9–22548 Filed 9–17–09; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF COMMERCE 

Department of Commerce: National 

Webinar for Industry on Climate 

Change Negotiations Under the United 

Nations Framework Convention on 

Climate Change (UNFCCC) 

AGENCY: International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of meeting. 

SUMMARY: The U.S. Department of 

Commerce (DOC) will host a Webinar 

(online presentations and audio 

conference) for industry participants on 

September 22, 2009. Participants will 

learn from U.S. government officials 

about the status of current negotiations 

and hear about key issues for U.S. 

industry, as well as potential 

commercial opportunities. The Webinar 

will also allow private sector 

stakeholders, particularly industry and 

trade associations, to advise U.S. 

officials on the impact a new UNFCCC 

agreement could have on their 

respective operations and on associated 

commercial opportunities. 

DATES: September 22, 2009. 

ADDRESSES: To participate in the 

Webinar, please contact Frank Caliva, 

Office of Energy & Environmental 

Industries, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Ave., 

NW., Room 4053, Washington, DC 

20230; 202–482–8245; 

Frank.Caliva@mail.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Participation 

Any private sector participant may 

register to attend; the number of call-in 

lines is limited and available on a firstcome, first-serve basis. Please contact 

Frank Caliva, Office of Energy & 

Environmental Industries, International 

Trade Administration, U.S. Department 

of Commerce, at 202–482–8245 or 

Frank.Caliva@mail.doc.gov to register 

and receive call-in and log-on 

instruction. 

The United Nations Framework 

Convention on Climate Change—The 

UNFCCC was signed in 1992 in Rio de 

Janeiro, Brazil, and entered into force on 

March 21, 1994. Currently, 193 states 

have ratified the Convention, including 

the United States. The treaty requires 

national inventories of greenhouse gas 

emissions from developed countries, 

and encourages national action to stem 

greenhouse gas emissions and slow 

climate change. Developed nations also 

pledge to share technology and 

resources with developing nations. 

Kyoto Protocol to the United Nations 

Framework Convention on Climate 

Change—The Kyoto Protocol was 

adopted in December 1997, entered into 

force on February 16, 2005, and has 

been ratified by 188 countries and the 

European Community. While the United 

States signed the document, the U.S. 

Senate has never ratified the treaty. The 

Kyoto Protocol sets binding emissions 

targets for 37 industrialized countries, 

includes mechanisms for measuring and 

reporting emissions, and provides for 

financing and technology assistance to 

developing countries. The commitment 

period specified in the Protocol will 

expire at the end of 2012. 

Current UNFCCC Negotiations— 

Negotiations under the UNFCCC are 

underway to formulate a successor 

agreement to the Kyoto Protocol. The 

discussions have the goal of concluding 

an agreement in Copenhagen this 

December. Potential impacts on U.S. 

industrial competitiveness will be 

discussed during the upcoming webinar 

including technology transfer, 

intellectual property, financing, and 

related commercial opportunities. 

Cheryl McQueen, 

Acting Director, Office of Energy and 

Environmental Industries, U.S. Department 

of Commerce. 

[FR Doc. E9–22586 Filed 9–17–09; 8:45 am] 

BILLING CODE 3510–DR–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Action Affecting Export Privileges; 

Mahan Airways 

In the matter of: Mahan Airways, Mahan 

Tower, No. 21, Azadegan St., M.A. Jenah 

Exp. Way, Tehran, Iran; Respondent. 

Order Renewing Order Temporarily 

Denying Export Privileges 

Pursuant to Section 766.24 of the 

Export Administration Regulations, 15 

CFR Parts 730–774 (2009) (‘‘EAR’’ or the 

‘‘Regulations’’), I hereby grant the 

request of the Bureau of Industry and 

Security (‘‘BIS’’) to renew for 180 days 

the Order Temporarily Denying the 

Export Privileges of Respondent Mahan 

Airways (the ‘‘TDO’’), as I find that 

renewal of the TDO is necessary in the 

public interest to prevent an imminent 

violation of the EAR. 

I. Procedural History 

On March 17, 2008, the Assistant 

Secretary of Commerce for Export 

Enforcement (‘‘Assistant Secretary’’) 

signed an Order Temporarily Denying 

the Export Privileges of Mahan Airways, 

as well as Balli Group PLC, Balli 

Aviation, Balli Holdings, Vahid 

Alaghband, Hassan Alaghband, Blue 

Sky One Ltd., Blue Sky Two Ltd., Blue 

Sky Three Ltd., Blue Sky Four Ltd., Blue 

Sky Five Ltd., Blue Sky Six Ltd, and 

Blue Airways, for 180 days on the 

grounds that its issuance was necessary 

in the public interest to prevent an 

imminent violation of the Regulations 

(‘‘TDO’’). The TDO was issued ex parte 

pursuant to Section 766.24(a), and went 

into effect on March 21, 2008, the date 

it was published in the Federal 

Register. On July 18, 2008, the Assistant 

Secretary issued an Order adding Blue 

Airways FZE and Blue Airways, both of 

Dubai, United Arab Emirates, as Related 

Persons to the TDO in accordance with 

Section 766.23 of the Regulations.1 On 

September 17, 2008, the TDO was 

renewed for an additional 180 days in 

accordance with Section 766.24 of the 


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47916 Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 

2The September 17, 2008 Renewal Order was 

published in the Federal Register on October 1, 

2008. 

3The March 16, 2009 Renewal order was 

published in the Federal Register on March 25, 

2009. 

4Engaging in conduct prohibited by a denial 

order violates the Regulations. 15 CFR 764.2(a) and 

(k). 

Regulations via an order effective upon 

issuance.2 On March 16, 2009, the TDO 

was renewed for an additional 180 days 

via an order that also was effective upon 

issuance.3

On August 20, 2009, BIS, through its 

Office of Export Enforcement (‘‘OEE’’), 

filed a written request for renewal of the 

TDO against Mahan Airways for an 

additional 180 days, and served a copy 

of its request on the Respondent in 

accordance with Section 766.5 of the 

Regulations. No opposition to renewal 

of the TDO has been received from 

Mahan Airways. BIS did not seek 

renewal of the TDO as to Balli Group 

PLC, Balli Aviation, Balli Holdings, 

Vahid Alaghband, Hassan Alaghband, 

Blue Sky One Ltd., Blue Sky Two Ltd., 

Blue Sky Three Ltd., and Blue Airways 

of Armenia. OEE also did not seek 

renewal as to the Related Persons Blue 

Airways and Blue Airways FZE of 

Dubai, United Arab Emirates. 

II. Discussion 

A. Legal Standard 

Pursuant to section 766.24(d)(3) of the 

EAR, the sole issue to be considered in 

determining whether to continue a TDO 

is whether the TDO should be renewed 

to prevent an ‘‘imminent’’ violation of 

the EAR as defined in Section 766.24. 

‘‘A violation may be ‘imminent’ either 

in time or in degree of likelihood.’’ 15 

CFR 766.24(b)(3). BIS may show ‘‘either 

that a violation is about to occur, or that 

the general circumstances of the matter 

under investigation or case under 

criminal or administrative charges 

demonstrate a likelihood of future 

violations.’’ Id. As to the likelihood of 

future violations, BIS may show that 

‘‘the violation under investigation or 

charges is significant, deliberate, covert 

and/or likely to occur again, rather than 

technical and negligent [.]’’ Id. A ‘‘lack 

of information establishing the precise 

time a violation may occur does not 

preclude a finding that a violation is 

imminent, so long as there is sufficient 

reason to believe the likelihood of a 

violation.’’ Id. 

B. The TDO and BIS’s Request for 

Renewal 

OEE’s request for renewal of the TDO 

is based upon the facts underlying the 

issuance of the initial TDO, as well as 

evidence developed over the course of 

this investigation indicating a clear 

willingness on the part of Mahan 

Airways to continue to disregard U.S. 

export controls and the TDO. The initial 

TDO was issued as a result of evidence 

that showed that the Mahan Airways 

along with other parties engaged in 

conduct prohibited by the EAR by 

knowingly re-exporting to Iran three 

U.S.-origin aircraft, specifically Boeing 

747s (‘‘Aircraft 1–3’’), items subject to 

the EAR and classified under Export 

Control Classification Number 

(‘‘ECCN’’) 9A991.b, without the required 

U.S. Government authorization. Further 

evidence submitted by BIS indicated 

that Mahan Airways was involved in the 

attempted re-export of three additional 

U.S.-origin Boeing 747s to Iran. 

As more fully discussed in the 

September 17, 2008 TDO Renewal 

Order, evidence presented by BIS 

indicated that Aircraft 1–3 continued to 

be flown on Mahan Airways’ routes 

after issuance of the TDO, in violation 

of the Regulations and the TDO itself.4

It also showed that Aircraft 1–3 had 

been flown in further violation of the 

Regulations and the TDO on the routes 

of Iran Air, an Iranian Government 

airline. In addition, as more fully 

discussed in the March 16, 2009 

Renewal Order, in October 2008, Mahan 

Airways caused Aircraft 1–3 to be 

deregistered from the Armenian civil 

aircraft registry and subsequently 

registered the aircraft in Iran. The 

aircraft were relocated to Iran and have 

been issued Iranian tail numbers, 

including EP–MNA and EP–MNB, and 

continue to be operated on Mahan 

Airways’ flights in violation of the 

Regulations and the TDO. 

OEE seeks renewal of the TDO against 

Mahan Airways based on its 

participation in the violations discussed 

in the initial and renewed TDOs, as well 

as additional evidence of unlawful 

actions obtained by OEE since it last 

requested renewal of the TDO on 

February 24, 2009. In addition to the 

Boeing 747’s discussed above, OEE has 

presented evidence as part of its current 

renewal request indicating that in early 

2009, while subject to the TDO, Mahan 

Airways acquired an additional U.S.- 

origin aircraft in violation of the 

Regulations and the TDO itself. The 

additional aircraft is an MD–82 aircraft 

painted in Mahan Airways livery and 

currently flying under tail number TC– 

TUA. 

C. Findings 

In determining whether to renew the 

TDO in order to prevent imminent 

violation of the Regulations, I have 

reviewed the entire record, including 

OEE’s current and prior submissions 

and related evidence. I find that 

violations of the Regulations have 

occurred and continue to occur 

involving the unlicensed re-export of 

three U.S.-origin 747s presently 

possessed by Mahan Airways. 

Moreover, the aircraft are currently 

located in Iran and are registered and/ 

or operated by Mahan Airways in 

violation of the Regulations and the 

TDO. The likelihood of future violations 

by Mahan Airways is further heightened 

by its acquisition of the U.S.-origin MD– 

82 aircraft in clear violation of the TDO. 

I find that the evidence presented by 

BIS convincingly demonstrates that 

Mahan Airways has continued to violate 

the EAR and the TDO and that such 

knowing violations have been 

significant, deliberate and covert, and 

that there is a likelihood of future 

violations. As such, a TDO is needed to 

give notice to persons and companies in 

the United States and abroad that they 

should continue to cease dealing with 

Mahan Airways in export transactions 

involving items subject to the EAR. 

Such a TDO is consistent with the 

public interest to prevent violations of 

the EAR. 

Accordingly, I find pursuant to 

Section 766.24, that renewal of the TDO 

for 180 days against Mahan Airways is 

necessary in the public interest to 

prevent an imminent violation of the 

EAR. 

III. Order 

It is therefore ordered: First, that the 

Respondent, MAHAN AIRWAYS, 

Mahan Tower, No. 21, Azadegan St., 

M.A. Jenah Exp.Way, Tehran, Iran (the 

‘‘Denied Person’’) may not, directly or 

indirectly, participate in any way in any 

transaction involving any commodity, 

software or technology (hereinafter 

collectively referred to as ‘‘item’’) 

exported or to be exported from the 

United States that is subject to the 

Export Administration Regulations 

(‘‘EAR’’), or in any other activity subject 

to the EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license, License Exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR, or in any other 

activity subject to the EAR; or 

C. Benefiting in any way from any 

transaction involving any item exported 


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Federal Register / Vol. 74, No. 180 / Friday, September 18, 2009 / Notices 47917 

or to be exported from the United States 

that is subject to the EAR, or in any 

other activity subject to the EAR. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export or reexport to or on behalf 

of the Denied Person any item subject to 

the EAR; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

the Denied Person of the ownership, 

possession, or control of any item 

subject to the EAR that has been or will 

be exported from the United States, 

including financing or other support 

activities related to a transaction 

whereby the Denied Person acquires or 

attempts to acquire such ownership, 

possession or control; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from the Denied Person of 

any item subject to the EAR that has 

been exported from the United States; 

D. Obtain from the Denied Person in 

the United States any item subject to the 

EAR with knowledge or reason to know 

that the item will be, or is intended to 

be, exported from the United States; or 

E. Engage in any transaction to service 

any item subject to the EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by the Denied 

Person, or service any item, of whatever 

origin, that is owned, possessed or 

controlled by the Denied Person if such 

service involves the use of any item 

subject to the EAR that has been or will 

be exported from the United States. For 

purposes of this paragraph, servicing 

means installation, maintenance, repair, 

modification or testing. 

Third, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to the Denied 

Person by affiliation, ownership, 

control, or position of responsibility in 

the conduct of trade or related services 

may also be made subject to the 

provisions of this Order. 

Fourth, that this Order does not 

prohibit any export, reexport, or other 

transaction subject to the EAR where the 

only items involved that are subject to 

the EAR are the foreign-produced direct 

product of U.S.-origin technology. 

In accordance with the provisions of 

Section 766.24(e) of the EAR, the 

Respondent may, at any time, appeal 

this Order by filing a full written 

statement in support of the appeal with 

the Office of the Administrative Law 

Judge, U.S. Coast Guard ALJ Docketing 

Center, 40 South Gay Street, Baltimore, 

Maryland 21202–4022. 

In accordance with the provisions of 

Section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. The 

Respondent may oppose a request to 

renew this Order by filing a written 

submission with the Assistant Secretary 

of Commerce for Export Enforcement, 

which must be received not later than 

seven days before the expiration date of 

the Order. 

A copy of this Order shall be served 

on the Respondent and shall be 

published in the Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Entered this 11th day of September 2009. 

Kevin Delli-Colli, 

Acting Assistant Secretary of Commerce for 

Export Enforcement. 

[FR Doc. E9–22547 Filed 9–17–09; 8:45 am] 

BILLING CODE 3510–D2–P 

DEPARTMENT OF COMMERCE 

Census Bureau 

Proposed Information Collection; 

Comment Request; Survey of Income 

and Program Participation (SIPP) Wave 

6 of the 2008 Panel 

AGENCY: U.S. Census Bureau, 

Commerce. 

ACTION: Notice. 

SUMMARY: The Department of 

Commerce, as part of its continuing 

effort to reduce paperwork and 

respondent burden, invites the general 

public and other Federal agencies to 

take this opportunity to comment on 

proposed and/or continuing information 

collections, as required by the 

Paperwork Reduction Act of 1995, 

Public Law 104–13 (44 U.S.C. 

3506(c)(2)(A)). 

DATES: To ensure consideration, written 

comments must be submitted on or 

before November 17, 2009. 

ADDRESSES: Direct all written comments 

to Diana Hynek, Departmental 

Paperwork Clearance Officer, 

Department of Commerce, Room 7845, 

14th and Constitution Avenue, NW., 

Washington, DC 20230 (or via the 

Internet at dHynek@doc.gov). 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the information collection 

instrument(s) and instructions should 

be directed to Patrick J. Benton, Census 

Bureau, Room HQ–6H045, Washington, 

DC 20233–8400, (301) 763–4618. 

SUPPLEMENTARY INFORMATION: 

I. Abstract 

The Census Bureau conducts the 

SIPP, which is a household-based 

survey designed as a continuous series 

of national panels. New panels are 

introduced every few years with each 

panel usually having durations of one to 

four years. Respondents are interviewed 

at 4-month intervals or ‘‘waves’’ over 

the life of the panel. The survey is 

molded around a central ‘‘core’’ of labor 

force and income questions that remain 

fixed throughout the life of the panel. 

The core is supplemented with 

questions designed to address specific 

needs, such as obtaining information on 

household members participation in 

government programs as well as prior 

labor force patterns of household 

members. These supplemental questions 

are included with the core and are 

referred to as ‘‘topical modules.’’ 

The SIPP represents a source of 

information for a wide variety of topics 

and allows information for separate 

topics to be integrated to form a single, 

unified database so that the interaction 

between tax, transfer, and other 

government and private policies can be 

examined. Government domestic-policy 

formulators depend heavily upon the 

SIPP information concerning the 

distribution of income received directly 

as money or indirectly as in-kind 

benefits and the effect of tax and 

transfer programs on this distribution. 

They also need improved and expanded 

data on the income and general 

economic and financial situation of the 

U.S. population. The SIPP has provided 

these kinds of data on a continuing basis 

since 1983 permitting levels of 

economic well-being and changes in 

these levels to be measured over time. 

The 2008 panel is currently scheduled 

for 4 years and will include 13 waves 

of interviewing beginning September 

2008. Approximately 65,300 households 

were selected for the 2008 panel, of 

which 42,032 households were 

interviewed. We estimate that each 

household contains 2.1 people, yielding 

88,267 person-level interviews in Wave 

1 and subsequent waves. Interviews take 

30 minutes on average. Three waves 

will occur in the 2008 SIPP Panel 

during FY 2010. The total annual 

burden for 2008 Panel SIPP interviews 

would be 132,400 hours in FY 2010. 

The topical modules for the 2008 

Panel Wave 6 collect information about: 

• Adult Well-Being. 

• Employer Provided Health Benefits. 

• Functional Limitations and 

Disability (Adults and Children). 

• Support for Non-Household 

Members. 

• Child Support Agreements. 


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