70928 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

1On August 13, 2018, the President signed into 

law the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019, which 

includes the Export Control Reform Act of 2018, 50 

U.S.C. 4801–4852 (‘‘ECRA’’). While Section 1766 of 

ECRA repeals the provisions of the Export 

Administration Act, 50 U.S.C. App. 2401 et seq. 

(‘‘EAA’’), (except for three sections which are 

inapplicable here), Section 1768 of ECRA provides, 

in pertinent part, that all orders, rules, regulations, 

and other forms of administrative action that were 

made or issued under the EAA, including as 

continued in effect pursuant to the International 

Emergency Economic Powers Act, 50 U.S.C. 1701 

et seq. (‘‘IEEPA’’), and were in effect as of ECRA’s 

date of enactment (August 13, 2018), shall continue 

in effect according to their terms until modified, 

superseded, set aside, or revoked through action 

undertaken pursuant to the authority provided 

under ECRA. Moreover, Section 1761(a)(5) of ECRA 

authorizes the issuance of temporary denial orders. 

50 U.S.C. 4820(a)(5). 

2The TDO was published in the Federal Register 

on April 26, 2022 (87 FR 24514). 

3The October 17, 2022 renewal order, which was 

effective upon issuance, was published in the 

Federal Register on October 20, 2022 (87 FR 

63760). 

4The April 14, 2023 renewal order, which was 

also effective upon issuance, was published in the 

Federal Register on April 19, 2023 (88 FR 24162). 

5Section 766.24(d) provides that BIS may seek 

renewal of a temporary denial order for additional 

180-day renewal periods, if it believes that renewal 

is necessary in the public interest to prevent an 

imminent violation. Renewal requests are to be 

made in writing no later than 20 days before the 

scheduled expiration date of a temporary denial 

order. 

D. Obtain from URAL 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 except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; 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 URAL, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by URAL if such service involves the 

use of any item subject to the EAR that 

has been or will be exported from the 

United States except directly related to 

safety of flight and authorized by BIS 

pursuant to Section 764.3(a)(2) of the 

Regulations. 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 URAL by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

Sections 766.24(e) of the EAR, URAL 

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. A renewal 

request may be opposed by URAL as 

provided in Section 766.24(d), 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 provided 

to URAL and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for one year. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce, for Export 

Enforcement. 

[FR Doc. 2023–22604 Filed 10–12–23; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Aviastar—TU) 5 b. 7 Leningradsky 

prospekt g. Moskva, 125040 Moscow, 

Russia; Order Renewing Temporary 

Denial of Export Privileges 

Pursuant to Section 766.24 of the 

Export Administration Regulations, 15 

CFR parts 730–774 (‘‘EAR’’ or ‘‘the 

Regulations’’),1 I hereby grant the 

request of the Office of Export 

Enforcement (‘‘OEE’’) to renew the 

temporary denial order (‘‘TDO’’) issued 

in this matter on April 14, 2023. I find 

that renewal of this order is necessary 

in the public interest to prevent an 

imminent violation of the Regulations. 

I. Procedural History 

On April 21, 2022, I signed an order 

denying Aviastar—TU’s (‘‘Aviastar’’) 

export privileges for a period of 180 

days on the ground that issuance of the 

order was necessary in the public 

interest to prevent an imminent 

violation of the Regulations. The order 

was issued ex parte pursuant to Section 

766.24(a) of the Regulations and was 

effective upon issuance.2 The temporary 

denial order was subsequently renewed 

on October 17, 2022 3 and again on 

April 14, 2023,4 in accordance with 

Section 766.24(d) of the Regulations.5

On September 19, 2023, BIS, through 

OEE, submitted a written request for a 

third renewal of the TDO. The written 

request was made more than 20 days 

before the TDO’s scheduled expiration 

and, given the temporary suspension of 

international mail service to Russia, 

OEE has attempted to deliver a copy of 

the renewal request to Aviastar by 

alternative means in accordance with 

Sections 766.5 and 766.24(d) of the 

Regulations. No opposition to the 

renewal of the TDO has been received. 

II. Renewal of the TDO 

A. Legal Standard 

Pursuant to Section 766.24, BIS may 

issue an order temporarily denying a 

respondent’s export privileges upon a 

showing that the order is necessary in 

the public interest to prevent an 

‘‘imminent violation’’ of the 

Regulations, or any order, license or 

authorization issued thereunder. 15 CFR 

766.24(b)(1) and 766.24(d). ‘‘A violation 

may be ‘imminent’ either in time or 

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 charge 

‘‘is significant, deliberate, covert and/or 

likely to occur again, rather than 

technical or 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 

The U.S. Commerce Department, 

through BIS, responded to the Russian 

Federation’s (‘‘Russia’s’’) further 

invasion of Ukraine by implementing a 

sweeping series of stringent export 

controls that severely restrict Russia’s 

access to technologies and other items 

that it needs to sustain its aggressive 

military capabilities. These controls 

primarily target Russia’s defense, 

aerospace, and maritime sectors and are 

intended to cut off Russia’s access to 

vital technological inputs, atrophy key 

sectors of its industrial base, and 

undercut Russia’s strategic ambitions to 

exert influence on the world stage. 

Effective February 24, 2022, BIS 

imposed expansive controls on aviationrelated (e.g., Commerce Control List 

Categories 7 and 9) items to Russia, 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 70929 

6 87 FR 12226 (Mar. 3, 2022). Additionally, BIS 

published a final rule effective April 8, 2022, which 

imposed licensing requirements on items controlled 

on the Commerce Control List (‘‘CCL’’) under 

Categories 0–2 that are destined for Russia or 

Belarus. Accordingly, now all CCL items require 

export, reexport, and transfer (in-country) licenses 

if destined for or within Russia or Belarus. 87 FR 

22130 (Apr. 14, 2022). 

7 87 FR 13048 (Mar. 8, 2022). 

8Publicly available flight tracking information 

shows that on April 10, 2022, serial number (SN) 

27054 flew from Hangzhou, China to Novosibirsk, 

Russia, and on April 12, 2022, SN 27054 flew from 

Zhengzhou, China to Abakan, Russia. In addition, 

on April 12, 2022, SN 27053 flew from Shenzhen, 

China to Abakan, Russia. 

9Engaging in conduct prohibited by a denial 

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

(k). 

10Publicly available flight tracking information 

shows that on May 22, 2022, SN 27054 flew from 

Zhengzhou, China to Novosibirsk, Russia, and on 

May 25, 2022, SN 27053 flew from Hangzhou, 

China to Novosibirsk, Russia. In addition, on 

September 22, 2022, SN 25731 flew from Irkutsk, 

Russia to Moscow, Russia. On February 24, 2023, 

SN 27053 flew from Novosibirsk, Russia to Mirny, 

Russia. On March 7, 2023, SN 25696 flew from 

Novosibirsk, Russia to Moscow, Russia. 

including a license requirement for the 

export, reexport or transfer (in-country) 

to Russia of any aircraft or aircraft parts 

specified in Export Control 

Classification Number (‘‘ECCN’’) 9A991 

(Section 746.8(a)(1) of the EAR).6 BIS 

will review any export or reexport 

license applications for such items 

under a policy of denial. See Section 

746.8(b). Effective March 2, 2022, BIS 

excluded any aircraft registered in, 

owned, or controlled by, or under 

charter or lease by Russia or a national 

of Russia from being eligible for license 

exception Aircraft, Vessels, and 

Spacecraft (‘‘AVS’’) (Section 740.15 of 

the EAR).7 Accordingly, any U.S.-origin 

aircraft or foreign aircraft that includes 

more than 25% controlled U.S.-origin 

content, and that is registered in, 

owned, or controlled by, or under 

charter or lease by Russia or a national 

of Russia, is subject to a license 

requirement before it can travel to 

Russia. 

This OEE request for renewal is based 

upon the facts underlying the issuance 

of the TDO and the renewal orders 

subsequently issued in this matter on 

October 17, 2022, and April 14, 2023, as 

well as other evidence developed during 

this investigation. This evidence 

demonstrates that Aviastar has acted, 

and continues to act, in blatant 

disregard for U.S. export controls and 

the terms of existing TDOs. The TDO, 

initially issued on April 21, 2022, was 

based on evidence that Aviastar violated 

the Regulations by operating multiple 

aircraft subject to the EAR and classified 

under ECCN 9A991.b on flights into and 

out of Russia after March 2, 2022 from 

destinations including, but not limited 

to, Hangzhou, China; Shenzhen, China; 

and Zhengzhou, China from/to 

Novosibirsk, Russia and Abakan, Russia, 

without the required BIS authorization.8

Further evidence indicated that Aviastar 

also operated aircraft subject to the EAR 

on domestic flights within Russia, 

potentially in violation of Section 

736.2(b)(10) of the Regulations. 

BIS also presented evidence that, 

while subject to a TDO, Aviastar 

operated aircraft subject to the EAR and 

classified under ECCN 9A991.b on 

flights both into and out of Russia, in 

violation of the Regulations and the 

terms of the existing TDO.9 Specifically, 

previous renewal orders detailed 

Aviastar’s continued operation of 

aircraft subject to the EAR, including, 

but not limited to, on flights into and 

out of Russia from/to Zhengzhou, China 

and Hangzhou, China, as well as on 

domestic flights within Russia.10

In its September 19, 2023 request for 

TDO renewal, BIS submitted evidence 

that Aviastar violated the TDO and/or 

the Regulations by operating aircraft 

subject to the EAR and flown into 

Russia on or after March 2, 2022, on 

flights within Russia, in apparent 

violation of Section 736.2(b)(10) of the 

Regulations, as well as the TDO. 

Information about those flights includes, 

but is not limited to, the following: 

Tail No. Serial No. Aircraft type Departure/arrival cities Dates 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Hangzhou, CN/Novosibirsk, RU .................. April 11, 2022. 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Zhengzhou, CN/Novosibirsk, RU ................. May 24, 2022. 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Ulan-Ude, RU/Moscow, RU ......................... April 16, 2023. 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Moscow, RU/Blagoveshchensk, RU ............ June 3, 2023. 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Novosibirsk, RU/Mirny, RU .......................... August 31, 2023. 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Krasnoyarsk, RU/Magadan, RU .................. September 8, 2023. 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Moscow, RU/Mirny, RU ............................... September 10, 2023. 

RA–73351 ......... 25696 757–223 (PCF) (B752) .................. Ulan-Ude, RU/Moscow, RU ......................... September 16, 2023. 

RA–73352 ......... 25731 757–223 (B752) ............................. Hangzhou, CN/Novosibirsk, RU .................. April 14, 2022.

RA–73352 ......... 25731 757–223 (B752) ............................. Hangzhou, CN/Novosibirsk, RU .................. May 25, 2022. 

RA–73352 ......... 25731 757–223 (B752) ............................. Anadyr, RU/Ulan-Ude, RU ........................... August 30, 2023. 

RA–73352 ......... 25731 757–223 (B752) ............................. Norilsk, RU/Moscow, RU ............................. September 22, 2023. 

RA–73352 ......... 25731 757–223 (B752) ............................. Ulan-Ude, RU/Moscow, RU ......................... September 26, 2023. 

RA–73354 ......... 27053 757–223 (B752) ............................. Shenzhen, CN/Abakan, RU ......................... April 12, 2022. 

RA–73354 ......... 27053 757–223 (B752) ............................. Hangzhou, CN/Novosibirsk, RU .................. May 25, 2022. 

RA–73354 ......... 27053 757–223 (B752) ............................. Moscow, RU/Novosibirsk, RU ...................... April 18, 2023. 

RA–73354 ......... 27053 757–223 (B752) ............................. Nizhnevartovsk, RU/Moscow, RU ................ June 16, 2023. 

RA–73354 ......... 27053 757–223 (B752) ............................. Mirny, RU/Krasnoyarsk, RU ......................... August 10, 2023. 

RA–73354 ......... 27053 757–223 (B752) ............................. Norilsk, RU/Moscow, RU ............................. September 8, 2023. 

RA–73354 ......... 27053 757–223 (B752) ............................. Ulan-Ude, RU/Moscow, RU ......................... September 16, 2023. 

RA–73354 ......... 27053 757–223 (B752) ............................. Ulan-Ude, RU/Moscow, RU ......................... September 23, 2023. 

RA–73355 ......... 27054 757–223 (B752) ............................. Hangzhou, CN/Novosibirsk, RU .................. April 10, 2022.

RA–73355 ......... 27054 757–223 (B752) ............................. Zhengzhou, CN/Novosibirsk, RU ................. May 22, 2022. 

RA–73355 ......... 27054 757–223 (B752) ............................. Norilsk, RU/Moscow, RU ............................. September 6, 2023. 

RA–73355 ......... 27054 757–223 (B752) ............................. Moscow, RU/Norilsk, RU ............................. September 15, 2023. 

RA–73355 ......... 27054 757–223 (B752) ............................. Norilsk, RU/Moscow, RU ............................. September 20, 2023. 

III. Findings 

Under the applicable standard set 

forth in Section 766.24 of the 

Regulations and my review of the entire 

record, I find that the evidence 

presented by BIS convincingly 

demonstrates that Aviastar has acted in 

violation of the Regulations and the 

TDO; that such violations have been 


lotter on DSK11XQN23PROD with NOTICES1
70930 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

significant and deliberate; and that 

given the foregoing and the nature of the 

matters under investigation, there is a 

likelihood of imminent violations. 

Therefore, renewal of the TDO is 

necessary in the public interest to 

prevent imminent violation of the 

Regulations and to give notice to 

companies and individuals in the 

United States and abroad that they 

should avoid dealing with Aviastar, in 

connection with export and reexport 

transactions involving items subject to 

the Regulations and in connection with 

any other activity subject to the 

Regulations. 

IV. Order 

It is therefore ordered: 

First, Aviastar—TU, 5 b. 7 

Leningradsky prospekt, g. Moskva, 

125040, Moscow, Russia, when acting 

for or on their behalf, any successors or 

assigns, agents, or employees 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 

EAR, or in any other activity subject to 

the EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), 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 except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations, or engaging in any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or from any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of Aviastar any 

item subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

Aviastar 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 Aviastar acquires 

or attempts to acquire such ownership, 

possession or control except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from Aviastar of any item 

subject to the EAR that has been 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; 

D. Obtain from Aviastar 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 except 

directly related to safety of flight and 

authorized by BIS pursuant to Section 

764.3(a)(2) of the Regulations; 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 Aviastar, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Aviastar if such service involves the 

use of any item subject to the EAR that 

has been or will be exported from the 

United States except directly related to 

safety of flight and authorized by BIS 

pursuant to Section 764.3(a)(2) of the 

Regulations. 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 Aviastar by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

Sections 766.24(e) of the EAR, Aviastar 

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. A renewal 

request may be opposed by Aviastar as 

provided in Section 766.24(d), 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 provided 

to Aviastar, and shall be published in 

the Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2023–22614 Filed 10–12–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

North American Free Trade Agreement 

(NAFTA), Article 1904 Binational Panel 

Reviews: Notice of Completion of 

Panel Review 

AGENCY: United States Section, NAFTA 

Secretariat, International Trade 

Administration, Department of 

Commerce. 

ACTION: Notice of completion of panel 

review in the matter of Certain 

Fabricated Structural Steel from Canada; 

Final Negative Injury Determination 

(Secretariat File Number: USA–CDA– 

2020–1904–05). 

SUMMARY: The USA–CDA–2020–1904– 

05 Panel has granted a consent motion 

filed on behalf of the Full Member 

Subgroup of the American Institute of 

Steel Construction, LLC, requesting the 

termination of panel review in the 

Certain Fabricated Structural Steel from 

Canada; Final Negative Injury 

Determination (Fabricated Structural 

Steel from Canada IN) dispute. Given 

the Panel’s ruling on this consent 

motion, and pursuant to Rule 71(2) of 

the NAFTA Rules of Procedure for 

Article 1904 Binational Panel Reviews 

(Rules), the Fabricated Structural Steel 

from Canada IN dispute has been 

terminated. As a result, and in 

accordance with Rule 78(a), notice is 

hereby given that panel review of the 

Fabricated Structural Steel from Canada 

IN dispute has been completed effective 

September 28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Vidya Desai, United States Secretary, 

NAFTA Secretariat, Room 2061, 1401 

Constitution Avenue NW, Washington, 

DC 20230, (202) 482–5438. 

SUPPLEMENTARY INFORMATION: Chapter 

19 of article 1904 of NAFTA provides a 


lotter on DSK11XQN23PROD with NOTICES1