### 67731 Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices

amended, also imposes the following measures against such foreign persons: no departments or agencies of the United States government shall procure or enter into any contract for the procurement of any goods, technology, or services from these persons including the termination of existing contracts; and no departments or agencies of the United States government shall provide any assistance to these persons, and shall not obligate further funds for such

purposes.

The complete list of foreign persons on which the Secretary of State has determined to impose an import ban because of their WMD proliferation
activities can be found at http:// www.state.gov/t/isn/c15233.htm

.

Executive Order 13382 (issued on June 28, 2005) provides the Secretary of State with the authority, in consultation with the Secretary of the Treasury, the Attorney General, and other relevant agencies, to designate foreign persons that the Secretary of State determines to have engaged, or attempted to engage, in
activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, develop, transport, transfer or use such items, by any person or foreign country of proliferation concern. Among other things, this designation blocks, with limited exceptions, all of the designated persons’ property and interests in property that are in the United States or
come within the United States or that come within the possession or control of U.S. persons. The Secretary of the Treasury also may, in consultation with the Secretary of State, the Attorney General, and other relevant agencies, designate individuals and entities that: (1) Are owned or controlled by a person blocked pursuant to the order, including a person designated by the Secretary of State; (2) act or purport to act for or on behalf of, directly or indirectly, a person blocked pursuant to the order, including a person designated by the Secretary of State; or (3) have provided, or attempted to provide, financial, material, technological or other support for, or goods or services in support of, a person blocked pursuant to the order, including a person designated by the Secretary of State. Section 211 of TRA also provides for certain sanctions to be imposed pursuant to E.O. 13382 in connection with the knowing sale, lease, or provision of vessels, insurance, or any other shipping service for the transportation to or from Iran of goods that could materially contribute to the
activities of the Government of Iran with respect to the proliferation of weapons
of mass destruction. The list of individuals and entities designated by the Secretary of State pursuant to E.O.
13382 is available at http:// www.state.gov/t/isn/c22080.htm

.

The Arms Export Control Act and the Export Administration Act require the imposition of sanctions against any foreign person that knowingly transfers items on the Missile Technology Control Regime (MTCR) Annex that contributeto MTCR-class missile programs in nonMTCR adherent countries. Sanctions consist of a ban on export licenses and U.S. government procurement, and they may also include an import ban. The sanctions may be waived if it is essential to the national security interest of the United States, and the sanctions need not be imposed if the transfer was authorized by the laws of an MTCR
adherent or if an MTCR adherent has taken adequate enforcement action. These laws also require imposition of sanctions against any foreign person that knowingly and materially
contributes to the efforts of another foreign country, project, or entity to use, develop, produce, stockpile, or otherwise acquire chemical and biological weapons. Sanctions consist of a ban on U.S. government procurement and imports. The sanctions may be waived after 12 months if it is important to the national security interests of the United States, and sanctions need not be applied if the government with primary jurisdiction over the offender has taken effective steps to terminate the sanctions-triggering activities.

Under the Iran-Iraq Arms NonProliferation Act, sanctions are required against entities that transfer goods or technology so as to contribute knowingly and materially to the efforts by Iran and Iraq to acquire chemical, biological or nuclear weapons or destabilizing numbers and types of advance conventional weapons, as
defined in the statute. Sanctions include a procurement ban, export prohibition
on items contained on the United States Munitions List, and the authority to impose sanctions pursuant to the International Emergency Economic
Powers Act. A waiver is available if it is essential to the national security of
the United States.

The Iran, North Korea, and Syria Nonproliferation Act requires the Secretary of State to report to Congress, and further gives the Secretary the authority to sanction, a foreign entity if there is credible information indicating that that the entity transferred to or acquired from Iran, North Korea, or Syria items listed on certain multilateral export control regimes or if the entity transferred to or acquired from those countries goods, services or technology not listed in the multilateral export regimes but which nevertheless would be if they were U.S. goods, services or technology prohibited for export to
those countries because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems. Sanctions include those provided for under EO 12938 as well as an arms export prohibition and a dual use export prohibition.

The Nuclear Proliferation Prevention Act of 1994 requires a cutoff of government contracts with any U.S. or foreign person that contributes knowingly and materially, through the export of nuclear-related goods or technology, to the efforts of any individual, group, or nonnuclear weapon state to acquire a nuclear explosive device or unsafeguarded special nuclear material. The sanction may be waived after 12 months if continued imposition would have a
serious adverse effect on vital U.S. interests, and sanctions need not be applied if the government with primary jurisdiction over the offender has taken effective steps to terminate the sanctions-triggering activities.

William J. Burns, Deputy Secretary of State, Department of

State.

[FR Doc. 2012–27642 Filed 11–9–12; 8:45 am]

**BILLING CODE 4710–31–P**

**DEPARTMENT OF TRANSPORTATION**

**Office of the Secretary**

**Notice of Applications for Certificates of Public Convenience and Necessity**  **and Foreign Air Carrier Permits Filed Under Subpart B (Formerly Subpart Q)**  **During the Week Ending October 13,**

**2012**

The following Applications for
Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits were filed under Subpart B (formerly Subpart Q) of the Department of Transportation’s Procedural Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers, Conforming Applications, or Motions to Modify Scope are set forth below for each application. Following the Answer period DOT may process the application by expedited procedures. Such procedures may consist of the adoption of a show-cause order, a tentative order,


### 67732 Federal Register / Vol. 77, No. 219 / Tuesday, November 13, 2012 / Notices

or in appropriate cases a final order without further proceedings.

Docket Number: DOT–OST–2012–

0171.

Date Filed: October 11, 2012.
Due Date for Answers, Conforming Applications, or Motion to Modify Scope: November 1, 2012.

Description: Application of Fly Jamaica Airways Limited requesting a foreign air carrier permit and corresponding exemption authority entitling it to engage in scheduled air transportation between points on the following routes: (1) From points behind Jamaica via Jamaica and intermediate points to a point or points in the United States; (2) for all-cargo services between the United States and any point or points; (3) fifth freedom charter services pursuant to the prior approval requirements and; (4) such other, further, or different relief as may be

proper.

Docket Number: DOT–OST–2012–

0169.

Date Filed: October 9, 2012.
Due Date for Answers, Conforming Applications, or Motion to Modify Scope: October 30, 2012.

Description: Application of New Livingston S.p.A. requesting exemption authority and a foreign air carrier permit to engage in: (a) Foreign charter air transportation of persons, property, and mail from any point or points behind any Member State of the European Community via any point or points in any Member State and via intermediate points to any point or points in the United States and beyond; (b) foreign charter air transportation of persons, property, and mail between any point or points in the United States and any point or points in any Member State of the European Common Aviation Area; (c) foreign charter cargo air transportation between any point or points in the United States and any other point or points; and (d) charter transportation consistent with any future, additional rights that may be granted to foreign air carriers of the Member States of the European Community.

Barbara J. Hairston,
Acting Program Manager, Docket Operations, Federal Register Liaison.

[FR Doc. 2012–27500 Filed 11–9–12; 8:45 am]

**BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION** 

**National Highway Traffic Safety**

**Administration**

**[Docket No. NHTSA–2012–0150, Notice 1]**

**Notice of Receipt of Petition for Decision That Nonconforming 2009**  **Porsche Cayenne S Multipurpose Passenger Vehicles Are Eligible for**  **Importation**

**AGENCY :**  National Highway Traffic Safety Administration, DOT.

**ACTION :**  Notice of receipt of petition.

**SUMMARY :**  This document announces receipt by the National Highway Traffic Safety Administration (NHTSA) of a petition for a decision that nonconforming 2009 Porsche Cayenne S multipurpose passenger vehicles (MPV) that were not originally manufactured to comply with all applicable Federal Motor Vehicle Safety Standards (FMVSS), are eligible for importation into the United States because they are substantially similar to vehicles that were originally manufactured for sale in
the United States and that were certified by their manufacturer as complying with the safety standards (the U.S.-
certified version of the 2009 Porsche Cayenne S MPV) and they are capable of being readily altered to conform to
the standards.

**DATES :**  The closing date for comments on the petition is December 13, 2012.

**ADDRESSES :**  Comments should refer to
the docket and notice numbers above and be submitted by any of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting

comments.

• Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001.

• Hand Delivery or Courier: West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal holidays.

• Fax: 202–493–2251.
Instructions: Comments must be written in the English language, and be no greater than 15 pages in length, although there is no limit to the length of necessary attachments to the
comments. If comments are submitted in hard copy form, please ensure that two copies are provided. If you wish to receive confirmation that your comments were received, please enclose a stamped, self-addressed postcard with the comments. Note that all comments received will be posted without change

to http://www.regulations.gov, including any personal information provided. Please see the Privacy Act heading
below.

Privacy Act: Anyone is able to search
the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR 19477–78).

How to Read Comments submitted to
the Docket: You may read the comments received by Docket Management at the address and times given above. You may
also view the documents from the

Internet at http://www.regulations.gov

. Follow the online instructions for accessing the dockets. The docket ID
number and title of this notice are shown at the heading of this document
notice. Please note that even after the comment closing date, we will continue
to file relevant information in the Docket as it becomes available. Further, some people may submit late comments. Accordingly, we recommend that you periodically search the Docket for new
material.

**FOR FURTHER INFORMATION CONTACT :**  George Stevens, Office of Vehicle Safety Compliance, NHTSA (202–366–5308).

**SUPPLEMENTARY INFORMATION :** 
Background

Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally
manufactured to conform to all applicable FMVSS shall be refused
admission into the United States unless
NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as
the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS.

Petitions for eligibility decisions may be submitted by either manufacturers or importers who have registered with NHTSA pursuant to 49 CFR part 592. As specified in 49 CFR 593.7, NHTSA publishes notice in the Federal Register of each petition that it receives, and affords interested persons an opportunity to comment on the petition. At the close of the comment period, NHTSA decides, on the basis of the petition and any comments that it has