Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 3317 

areas and safety areas by pedestrians 

and ground vehicles, including 

provisions identifying the consequences 

of noncompliance with the procedures 

by all persons; 

* * * * * 

(e) Ensure that all persons are trained 

on procedures required under paragraph 

(b) of this section prior to the initial 

performance of such duties and at least 

once every 12 consecutive calendar 

months, including consequences of 

noncompliance, prior to moving on foot, 

or operating a ground vehicle, in 

movement areas or safety areas; and 

* * * * * 

Issued in Washington, DC, on January 4, 

2013. 

Michael P. Huerta, 

Acting Administrator. 

[FR Doc. 2013–00848 Filed 1–15–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 121113624–2624–01] 

RIN 0694–AF82 

Removal of Persons From the Entity 

List Based on Removal Request; 

Implementation of Entity List Annual 

Review Changes; and Implementation 

of Modifications and Corrections to the 

Entity List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

removing two persons from the Entity 

List (Supplement No. 4 to Part 744), as 

the result of a request for removal 

submitted by these two persons. In 

addition, on the basis of the annual 

review conducted by the End User 

Review Committee, this rule amends the 

Entity List to remove two entries from 

the United Arab Emirates (U.A.E.). 

Finally, this rule modifies two existing 

entries to correct the scope of those 

entries, including removing a redundant 

entry that was inadvertently added in a 

final rule. 

DATES: Effective Date: This rule is 

effective January 16, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chair, End-User 

Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

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

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

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (Supplement No. 4 to 

Part 744) notifies the public about 

entities that have engaged in activities 

that could result in an increased risk of 

the diversion of exported, reexported, or 

transferred (in-country) items to 

weapons of mass destruction (WMD) 

programs. Since its initial publication, 

grounds for inclusion on the Entity List 

have expanded to activities sanctioned 

by the State Department and activities 

contrary to U.S. national security or 

foreign policy interests, including 

terrorism and export control violations 

involving abuse of human rights. 

Certain exports, reexports, and transfers 

(in-country) to entities identified on the 

Entity List require licenses from BIS and 

are usually subject to a policy of denial. 

The availability of license exceptions in 

such transactions is very limited. The 

license review policy for each entity is 

identified in the License Review Policy 

column on the Entity List and the 

availability of license exceptions is 

published in the Federal Register 

notices adding persons to the Entity 

List. BIS places entities on the Entity 

List based on certain sections of part 

744 (Control Policy: End-User and EndUse Based) of the EAR. 

The End-user Review Committee 

(ERC), composed of representatives of 

the Departments of Commerce (Chair), 

State, Defense, Energy and, where 

appropriate, the Treasury, makes all 

decisions regarding additions to, 

removals from, or other modifications to 

the Entity List. The ERC makes all 

decisions to add an entry to the Entity 

List by majority vote and all decisions 

to remove or modify an entry by 

unanimous vote. 

ERC Entity List Decisions 

Removal From the Entity List 

This rule implements a decision of 

the ERC to remove two persons, 

Laurence Mattiucci and Toulouse Air 

Spares SAS, both located in France, 

from the Entity List as a result of a 

successful request for removal from the 

Entity List. Based upon the review of 

the information provided in the removal 

request in accordance with § 744.16 

(Procedure for requesting removal or 

modification of an Entity List entity), 

and after review by the ERC’s member 

agencies, the ERC determined that these 

persons should be removed from the 

Entity List. 

The ERC’s decision to remove these 

two persons took into account their 

cooperation with the U.S. Government, 

as well as their assurances of future 

compliance with the EAR. In 

accordance with § 744.16(c), the Deputy 

Assistant Secretary for Export 

Administration has sent written 

notification to these two persons, 

informing these entities of the ERC’s 

decision to remove them from the Entity 

List. This final rule implements the 

decision to remove the following two 

persons from the Entity List: 

France 

(1) Laurence Mattiucci, 8 Rue de la 

Bruyere, 31120 Pinsaguel, Toulouse, 

France; and 

(2) Toulouse Air Spares SAS, 8 Rue de 

la Bruyere, 31120 Pinsaguel, Toulouse, 

France. 

Annual Review of the Entity List 

This rule also amends the Entity List 

on the basis of the annual review of the 

Entity List conducted by the ERC, in 

accordance with the procedures 

outlined in Supplement No. 5 to part 

744 (Procedures for End-User Review 

Committee Entity List Decisions). The 

changes from the annual review of the 

Entity List that are approved by the ERC 

are implemented in stages as the ERC 

completes its review of entities listed 

under different destinations on the 

Entity List. This rule implements the 

results of the annual review for entities 

located in the United Arab Emirates 

(U.A.E.). The entities located Armenia, 

Cyprus, France, and Iran were also 

reviewed by the ERC, but no additional 

changes are being made to those entries 

as a result of the annual review of the 

Entity List. 

Removals From the Entity List on the 

Basis of Annual Reviews 

This rule removes two entries from 

the Entity List on the basis of the annual 

review of the Entity List. The persons 

removed were determined to no longer 

meet the criteria for inclusion on the 

Entity List. Specifically, this rule 

implements the decision of the ERC to 

remove two persons located in the 

U.A.E., as follows: 

United Arab Emirates 

(1) Abubakr Abuelazm, Dubai, U.A.E., 

500100; and 

(1) Advanced Technology General 

Trading Company, a.k.a, Advanced 

Technologies Emirates FZ–LLC, Office 

#124 1st Floor, Building #3, Dell 

Building, Sheikh Zayed Road, Dubai 

Internet City, Dubai, U.A.E. 

The removal of the above-referenced 

two entities on the basis of annual 

review of the Entity List, and the 

removal of the two entities referenced 


srobinson on DSK4SPTVN1PROD with 
3318 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 

above on the basis of a § 744.16 removal 

request that was approved by the ERC, 

eliminates the existing license 

requirements in Supplement No. 4 to 

part 744 for exports, reexports, and 

transfers (in-country) to these four 

entities. However, the removal of these 

four entities 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 an entity from the Entity List 

nor the removal of Entity List-based 

license requirements relieves persons of 

their obligations under General 

Prohibition 5 in § 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.’’ 

Additionally, these removals do not 

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. 

Modifications and Corrections to the 

Entity List 

On October 9, 2012, BIS published a 

final rule, ‘‘Addition of Certain Persons 

to the Entity List’’ in the Federal 

Register (77 FR 61249). This rule 

amends the Entity List by revising one 

entry added on October 9 under Finland 

and by removing one redundant entry 

under Russia. Specifically, the spelling 

of the ‘‘Olkerboy Oy’’ entry under 

Finland is corrected to ‘‘Olkebor Oy’’ 

and the ‘‘Bolshaya Semenovskaya’’ 

entry under Russia is removed. This 

rule revises the Olkerboy Oy entry 

under Finland, as follows: 

Finland 

(1) Olkebor Oy/Nurminen Oy, 231B 

Vanha Porvoontie, Vantaa, Finland 

01380. 

This rule also removes the Bolshaya 

Semenovskaya entry under Russia: 

Russia 

(1) Bolshaya Semenovskaya 40/505, 

Moscow, Russia 107023; and Ulitsa 

Metallurgov, 29, Str. 1, Komnata 

Pravleni, Moscow, Russia 111401. 

Savings Clause 

Shipments of items removed from 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) as a result of this regulatory 

action that were en route aboard a 

carrier to a port of export or reexport, on 

January 16, 2013, 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). 

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 15, 2012, 77 FR 49699 

(August 16, 2012), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. BIS 

continues to carry out the provisions of 

the Export Administration Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222. 

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 43.8 minutes for a 

manual or electronic submission. This 

rule does not alter any information 

collection requirements; therefore, total 

burden hours associated with the PRA 

and OMB control number 0694–0088 

are not expected to increase as a result 

of this rule. You may send comments 

regarding the collection of information 

associated with this rule, including 

suggestions for reducing the burden, to 

Jasmeet K. Seehra, Office of 

Management and Budget (OMB), by 

email to 

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

fax to (202) 395–7285. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

comment, and a 30-day 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)). The U.S. 

Government’s original basis for adding 

the entities affected by this rule to the 

Entity List was the entities’ involvement 

in activities contrary to U.S. national 

security or foreign policy interests. BIS 

implements this rule to further protect 

U.S. national security and foreign policy 

interests by preventing items from being 

exported, reexported or transferred (incountry) to these persons listed on the 

Entity List and by ensuring that 

potential transactions with individuals 

no longer listed on the Entity List are 

not turned away to the detriment of U.S. 

economic interests. If this rule were 

delayed to allow for notice and 

comment and a 30-day delay in effective 

date, there is a chance that certain 

exporters, reexporters, and persons 

making transfers (in-country) to this 

listed person may inadvertently export, 

reexport or transfer (in-country) to 

Olkebor Oy/Nurminen Oy because the 

exporter, reexporter or person making 

the transfer (in-country) did not realize 

the listed person was subject to the 

Entity List-based license requirement. 

There is also a chance an exporter, 

reexporter, or person making a transfer 

(in-country) may turn away a potential 

export, reexport, or transfer (in-country) 

because the customer remained a listed 

person on the Entity List after the ERC 

approved removal, thereby harming U.S. 

economic interests. The correction and 

removals provided in this rule may 

make clear that the persons are no 

longer subject to Entity List-based 

license requirements. For these reasons, 

there is a public interest that these 

changes be implemented as a final 

action. 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 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 3319 

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 January 19, 2012, 77 FR 3067 

(January 20, 2012) Notice of August 15, 2012, 

77 FR 49699 (August 16, 2012); Notice of 

September 11, 2012, 77 FR 56519 

(September, 12, 2012); Notice of November 1, 

2012, 77 FR 66513 (November 5, 2012). 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ a. By removing under Finland the 

Finnish entity ‘‘Olkerboy Oy/Nurminen 

Oy’’, and adding in alphabetical order, 

one Finnish entity for Olkebor Oy/ 

Nurminen Oy’’; 

■ b. By removing under France, the two 

French entities: ‘‘Laurence Mattiucci, 8 

Rue de la Bruyere, 31120 Pinsaguel, 

Toulouse, France.’’ and ‘‘Toulouse Air 

Spares SAS, 8 Rue de la Bruyere, 31120 

Pinsaguel, Toulouse, France.’’; 

■ c. By removing under Russia, the 

Russian entity: ‘‘Bolshaya 

Semenovskaya, 40/505, Moscow, Russia 

107023; and Ulitsa Metallurgov, 29, Str. 

1, Komnata Pravleni, Moscow, Russia 

111401.’’; and 

■ d. By removing under United Arab 

Emirates, the two Emirati entities: 

‘‘Abubakr Abuelazm, Dubai, U.A.E., 

500100.’’ and ‘‘Advanced Technology 

General Trading Company, a.k.a, 

Advanced Technologies Emirates FZ– 

LLC, Office #124 1st Floor, Building #3, 

Dell Building, Sheikh Zayed Road, 

Dubai Internet City, Dubai, U.A.E.’’ 

The addition reads as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License requirement License review policy Federal Register citation 

*******

FINLAND

* * * * * * * 

Olkebor Oy/Nurminen Oy, 

231B Vanha Porvoontie, 

Vantaa, Finland 01380.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ........... 77 FR 61256, 10/9/2012. 78 

FR [INSERT FR PAGE 

NUMBER] 1/16/13. 

* * * * * * * 

Dated: January 10, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–00767 Filed 1–15–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 121220730–2730–01] 

RIN 0694–AF84 

Amendments to Existing Validated End 

User Authorizations: Advanced Micro 

Devices China, Inc., Lam Research 

Corporation, SK hynix Semiconductor 

(China) Ltd., and SK hynix 

Semiconductor (Wuxi) Ltd. in the 

People’s Republic of China; 

Clarification of Scope of Entries in 

Supplement 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to revise the existing 

Authorization Validated End-User 

(VEU) listings for four VEUs in the 

People’s Republic of China (PRC). 

Specifically, BIS amends Supplement 

No. 7 to part 748 of the EAR to update 

VEU Advanced Micro Devices China 

Inc.’s (AMD China) current list of 

eligible destinations. BIS also amends 

the authorization of VEU Lam Research 

Corporation (Lam) by updating the 

addresses of ten eligible destinations 

and reformatting the list of Lam’s 

existing eligible destinations into groups 

associated with specific eligible items. 

BIS also updates the EAR to amend the 

addresses and lists of eligible items for 

VEUs SK hynix Semiconductor (China) 

Ltd. and SK hynix Semiconductor 

(Wuxi) Ltd. Finally, BIS amends 

Supplement No. 7 to part 748 of the 

EAR to include language reminding 

exporters that the language in the 

Supplement does not supersede other 

requirements in the EAR. 

These amendments to the 

authorizations of the named VEUs are 

not the result of activities of concern. 

The respective changes were prompted 

by factors arising from the companies’ 

normal course of business or are being 

done at the request of the companies. 

DATES: This rule is effective January 16, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chair, End-User 

Review Committee, Bureau of Industry 

and Security, U.S. Department of 

Commerce, 14th Street & Pennsylvania 

Avenue NW., Washington, DC 20230; by 

telephone: (202) 482–5991, fax: (202) 

482–3991, or email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

Validated end-users (VEUs) are 

designated entities located in eligible 

destinations to which eligible items may 

be exported, reexported, or transferred 

(in-country) under a general 

authorization instead of a license. The 

names of the VEUs, as well as the date 

they were so designated, and their 

respective eligible destinations and 

items are identified in Supplement No. 

7 to part 748 of the EAR. Under the 

terms described in that supplement, 

VEUs may obtain eligible items without 

an export license from BIS. Eligible 

items may include commodities, 

software, and technology, except those 

controlled for missile technology or 

crime control reasons. 

VEUs are reviewed and approved by 

the U.S. Government in accordance with 

the provisions of Section 748.15 and 

Supplement Nos. 8 and 9 to part 748 of 

the EAR. The End-User Review 

Committee (ERC), composed of 

representatives from the Departments of 

State, Defense, Energy and Commerce, 

and other agencies, as appropriate, is 

responsible for administering the VEU 

program. BIS amended the EAR in a 

final rule on June 19, 2007 (72 FR 

33646) to create Authorization VEU. 


srobinson on DSK4SPTVN1PROD with