Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 70925 

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superseded, set aside, or revoked through action 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). 

deaf, hard of hearing, or who have 

certain cognitive or learning 

impairments. To request additional 

accommodations, please email Liliana 

Schiller, Support Services Specialist, at 

lschiller@usccr.gov at least 10 business 

days prior to the meeting. 

Members of the public are entitled to 

submit written comments; the 

comments must be received in the 

regional office within 30 days following 

the meeting. Written comments may be 

emailed to Kayla Fajota at kfajota@

usccr.gov. Persons who desire 

additional information may contact the 

Regional Programs Coordination Unit at 

(312) 353–8311. 

Records generated from this meeting 

may be inspected and reproduced at the 

Regional Programs Coordination Unit 

Office, as they become available, both 

before and after the meeting. Records of 

the meetings will be available via 

www.facadatabase.gov under the 

Commission on Civil Rights, Wyoming 

Advisory Committee link. Persons 

interested in the work of this Committee 

are directed to the Commission’s 

website, http://www.usccr.gov, or may 

contact the Regional Programs 

Coordination Unit at lschiller@

usccr.gov. 

Agenda 

I. Welcome & Roll Call 

II. Opening Remarks 

III. Panelist Presentations & Committee 

Q&A 

IV. Public Comment 

V. Closing Remarks 

VI. Adjournment 

Dated: October 6, 2023. 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2023–22600 Filed 10–12–23; 8:45 am] 

BILLING CODE P 

COMMISSION ON CIVIL RIGHTS 

Notice of Public Briefing of the 

Minnesota Advisory Committee to the 

U.S. Commission on Civil Rights 

AGENCY: U.S. Commission on Civil 

Rights. 

ACTION: Notice of public briefing. 

SUMMARY: Notice is hereby given, 

pursuant to the provisions of the rules 

and regulations of the U.S. Commission 

on Civil Rights (Commission) and the 

Federal Advisory Committee Act, that 

the Minnesota Advisory Committee 

(Committee) to the U.S. Commission on 

Civil Rights will hold a public briefing 

via Zoom at 2:00 p.m. CT on Thursday, 

November 9, 2023. The purpose of this 

briefing is to hear testimony on housing 

affordability in the state. 

DATES: Thursday, November 9, 2023, 

from 2:00 p.m.–4:00 p.m. Central Time. 

ADDRESSES: The meeting will be held 

via Zoom. 

FOR FURTHER INFORMATION CONTACT: Ana 

Victoria Fortes, Designated Federal 

Officer, at afortes@usccr.gov or (202) 

519–2938. 

SUPPLEMENTARY INFORMATION: 

Registration Link (Audio/Visual): 

https://www.zoomgov.com/j/ 

1603587740. 

Join by Phone (Audio Only): (833) 

435–1820 USA Toll-Free; Meeting ID: 

160 358 7740. 

This committee meeting is available 

to the public through the registration 

link above. Any interested member of 

the public may listen to the meeting. An 

open comment period will be provided 

to allow members of the public to make 

a statement as time allows. Per the 

Federal Advisory Committee Act, public 

minutes of the meeting will include a 

list of persons who are present at the 

meeting. If joining via phone, callers can 

expect to incur regular charges for calls 

they initiate over wireless lines, 

according to their wireless plan. The 

Commission will not refund any 

incurred charges. Callers will incur no 

charge for calls they initiate over landline connections to the toll-free 

telephone number. Closed captioning 

will be available for individuals who are 

deaf, hard of hearing, or who have 

certain cognitive or learning 

impairments. To request additional 

accommodations, please email Liliana 

Schiller, Support Services Specialist, at 

lschiller@usccr.gov at least 10 business 

days prior to the meeting. 

Members of the public are entitled to 

submit written comments; the 

comments must be received in the 

regional office within 30 days following 

the meeting. Written comments may be 

emailed to Ana Victoria Fortes at 

afortes@usccr.gov. Persons who desire 

additional information may contact the 

Regional Programs Coordination Unit at 

(312) 353–8311. 

Records generated from this meeting 

may be inspected and reproduced at the 

Regional Programs Coordination Unit 

Office, as they become available, both 

before and after the meeting. Records of 

the meetings will be available via 

www.facadatabase.gov under the 

Commission on Civil Rights, Minnesota 

Advisory Committee link. Persons 

interested in the work of this Committee 

are directed to the Commission’s 

website, http://www.usccr.gov, or may 

contact the Regional Programs 

Coordination Unit at lschiller@

usccr.gov. 

Agenda 

I. Welcome & Roll Call 

II. Introductory Remarks 

III. Panelist Presentations & Committee 

Q&A 

IV. Public Comment 

V. Closing Remarks 

VI. Adjournment 

David Mussatt, 

Supervisory Chief, Regional Programs Unit. 

[FR Doc. 2023–22607 Filed 10–12–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Renewing Temporary Denial of 

Export Privileges; URAL Airlines JSC, 

Utrenniy Lane 1-g, Yekaterinburg, 

Russia 620025 

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 10, 2023. I find 

that renewal of this order is necessary 

in the public interest to prevent an 

imminent violation of the Regulations 

and that renewal for an extended period 

is appropriate because URAL Airlines 

JSC (‘‘URAL’’) has engaged in a pattern 

of repeated, ongoing and/or continuous 

apparent violations of the EAR. 

I. Procedural History 

On October 13, 2022, I signed an 

order denying URAL’s 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. 


lotter on DSK11XQN23PROD with NOTICES1
70926 Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 

2The TDO was published in the Federal Register 

on October 19, 2022 (87 FR 63477). 

3At the time of the renewal, Section 766.24(d) 

provided 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. 

4The April 10, 2023 renewal order was published 

in the Federal Register on April 13, 2023 (88 FR 

22406). 

5 88 FR 59791 (Aug. 30, 2023). 

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 multiple flights into Russia, including the 

following: on September 10, 2022, SN 5055 flew 

from Dushanbe, Tajikistan to Irkutsk, Russia, and 

on September 6, 2022, SN 5055 flew from 

Khudzhand, Tajikistan to Sochi, Russia. In 

addition, on October 6, 2022, serial number (SN) 

5055 flew from Bishkek, Kyrgyzstan to Samara, 

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 SN 5055 flew from Dushanbe, Tajikistan 

to Ufa, Russia on March 20, 2023 and from Osh, 

Kyrgyzstan to Krasnoyarsk, Russia on March 19, 

2023. In addition, on March 19, 2023, SN 2376 flew 

from Bishkek, Kyrgyzstan to Yekaterinburg, Russia. 

On March 6, 2023, SN 1941 flew from Khujand, 

Tajikistan to Yekaterinburg, Russia. On March 16, 

2023, SN 1941 flew from Sochi, Russia to Moscow, 

Russia. 

The order was issued ex parte pursuant 

to Section 766.24(a) of the Regulations 

and was effective upon issuance.2 This 

temporary denial order was 

subsequently renewed in accordance 

with Section 766.24(d) of the 

Regulations.3 The renewal order issued 

on April 10, 2023 and was effective 

upon issuance.4

On September 15, 2023, BIS, through 

OEE, submitted a written request for 

renewal of the TDO that issued on April 

10, 2023. 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 serve a copy of the renewal 

request on URAL 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. 

If BIS believes that renewal of a denial 

order is necessary in the public interest 

to prevent an imminent violation, it may 

file a written request for renewal, with 

any modifications if appropriate. 15 

CFR 766.24(d)(1). The written request, 

which must be filed no later than 20 

days prior to the TDO’s expiration, 

should set forth the basis for BIS’s belief 

that renewal is necessary, including any 

additional or changed circumstances. Id. 

‘‘In cases demonstrating a pattern of 

repeated, ongoing and/or continuous 

apparent violations, BIS may request the 

renewal of a temporary denial order for 

an additional period not exceeding one 

year.’’ 5 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, 

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. 

OEE’s request for renewal for a period 

of one year is based upon the facts 

underlying the issuance of the initial 

TDO, the renewal orders subsequently 

issued in this matter, and evidence that 

continues to develop during this 

investigation. These facts and evidence 

demonstrate that URAL has continued, 

and continues, to act in blatant 

disregard for U.S. export controls and 

the terms of previously issued TDOs. 

Specifically, the initial TDO, issued on 

October 13, 2022, was based on 

evidence that URAL engaged in conduct 

prohibited by the Regulations by 

operating multiple aircraft subject to the 

EAR and classified under ECCN 

9A991.b on flights into Russia after 

March 2, 2022, from destinations 

including, but not limited to, Bishkek, 

Kyrgyzstan; Dushanbe, Tajikistan; 

Khudzhand, Tajikistan; and Tamchy, 

Kyrgyzstan without the required BIS 

authorization.8 Further evidence 

submitted by BIS indicated that URAL 

was also continuing to operate aircraft 

subject to the EAR domestically on 

flights within Russia, potentially in 

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

Regulations. 

As discussed in the April 10, 2023 

renewal order, evidence presented by 

BIS indicated that, after the initial 

October 13, 2022 TDO issued, URAL 

continued to operate aircraft subject to 

the EAR and classified under ECCN 

9A991.b on flights both into and within 

Russia, in violation of the Regulations 

and the TDO itself.9 Specifically, the 

April 10, 2023 renewal order detailed 

URAL’s continued operation of aircraft 

subject to the EAR, including, but not 

limited to, on flights into and out of 

Russia from/to Bishkek, Kyrgyzstan, 

Dushanbe, Tajikistan, and Khujand, 

Tajikistan, as well as within Russia.10

Since that time, URAL has continued 

to engage in conduct prohibited by the 


lotter on DSK11XQN23PROD with NOTICES1
Federal Register / Vol. 88, No. 197 / Friday, October 13, 2023 / Notices 70927 

TDO and Regulations. In its September 

15, 2023, request for renewal of the 

TDO, BIS submitted evidence that 

URAL continues to operate aircraft 

subject to the EAR and classified under 

ECCN 9A991.b, both on flights into and 

within Russia, in violation of the April 

10, 2023 TDO and/or the Regulations. 

Specifically, BIS’s evidence and related 

investigation demonstrates that URAL 

has continued to operate aircraft subject 

to the EAR, including, but not limited 

to, on flights into and out of Russia 

from/to Dushanbe, Tajikistan, Tamchy, 

Kyrgyzstan, and Bishkek, Kyrgyzstan, as 

well as domestically within Russia. 

Information about those flights includes, 

but is not limited to, the following: 

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

RA–73817 ...... 5055 A320–232 Bishkek, KG/Yekaterinburg, RU ................................................. August 7, 2023. 

RA–73817 ...... 5055 A320–232 Kulob, TJ/Moscow, RU ............................................................... August 15, 2023.

RA–73817 ...... 5055 A320–232 Irkutsk, RU/Yekaterinburg, RU ................................................... August 17, 2023. 

RA–73817 ...... 5055 A320–232 Osh, KG/Krasnoyarsk, RU ......................................................... September 1, 2023. 

RA–73817 ...... 5055 A320–232 Dushanbe, TJ/Yekaterinburg, RU .............................................. September 5, 2023. 

RA–73817 ...... 5055 A320–232 Yekaterinburg, RU/Sochi, RU ..................................................... September 8, 2023. 

RA–73817 ...... 5055 A320–232 Bishkek, KG/Yekaterinburg, RU ................................................. September 12, 2023. 

RA–73817 ...... 5055 A320–232 Bishkek, KG/Yekaterinburg, RU ................................................. September 22, 2023. 

RA–73817 ...... 5055 A320–232 Khujand, TJ/Yekaterinburg, RU .................................................. September 30, 2023. 

RA–73818 ...... 2376 A320–232 Tamchy, KG/Moscow, RU .......................................................... August 21, 2023. 

RA–73818 ...... 2376 A320–232 Kulob, TJ/Moscow, RU ............................................................... August 22, 2023.

RA–73818 ...... 2376 A320–232 Khujand, TJ/Yekaterinburg, RU .................................................. August 30, 2023. 

RA–73818 ...... 2376 A320–232 Dushanbe, TJ/Sochi, RU ............................................................ September 2, 2023. 

RA–73818 ...... 2376 A320–232 Beslan, RU/Moscow, RU ............................................................ September 3, 2023.

RA–73818 ...... 2376 A320–232 Kulob, TJ/Moscow, RU ............................................................... September 7, 2023. 

RA–73818 ...... 2376 A320–232 Sochi, RU/Yekaterinburg, RU ..................................................... September 14, 2023.

RA–73818 ...... 2376 A320–232 Khujand, TJ/Yekaterinburg, RU .................................................. September 24, 2023. 

RA–73844 ...... 1941 A321–231 Dushanbe, TJ/Moscow, RU ........................................................ August 25, 2023. 

RA–73844 ...... 1941 A321–231 Dushanbe, TJ/Moscow, RU ........................................................ August 30, 2023. 

RA–73844 ...... 1941 A321–231 Osh, KG/Moscow, RU ................................................................ September 3, 2023. 

RA–73844 ...... 1941 A321–231 Osh, KG/Moscow, RU ................................................................ September 6, 2023. 

RA–73844 ...... 1941 A321–231 Bishkek, KG/Moscow, RU .......................................................... September 4, 2023. 

RA–73844 ...... 1941 A321–231 Kaliningrad, RU/Moscow, RU ..................................................... September 8, 2023. 

RA–73844 ...... 1941 A321–231 Bishkek, KG/Moscow, RU .......................................................... September 12, 2023.

RA–73844 ...... 1941 A321–231 Kulob, TJ/Moscow, RU ............................................................... September 29, 2023. 

RA–73844 ...... 1941 A321–231 Bishkek, KG/Moscow, RU .......................................................... October 1, 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 demonstrates that 

URAL has acted in violation of the 

Regulations and the TDO; that such 

violations have been significant, 

deliberate and covert; and that given the 

foregoing and the nature of the matters 

under investigation, there is a likelihood 

of imminent violations. Moreover, I find 

that renewal for an extended period is 

appropriate because URAL has engaged 

in a pattern of repeated, ongoing and/or 

continuous apparent violations of the 

EAR. Therefore, renewal of the TDO for 

one year 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 URAL, 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, URAL Airlines JSC, Utrenniy 

Lane 1-g, Yekaterinburg, Russia 620025, 

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 URAL 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 

URAL 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 URAL 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 URAL 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; 


lotter on DSK11XQN23PROD with NOTICES1
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, 


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