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

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 contribute 

to 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, 


srobinson on DSK4SPTVN1PROD with 
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 


srobinson on DSK4SPTVN1PROD with