37632 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

the availability of this material at the FAA, 

call 781–238–7125. For information on the 

availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

June 14, 2011. 

Peter A. White, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2011–16087 Filed 6–27–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 110128065–1135–01] 

RIN 0694–AF12 

Addition of Certain Persons on the 

Entity List: Addition of Persons Acting 

Contrary to the National Security or 

Foreign Policy Interests of the United 

States 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

adding eight persons to the Entity List 

(Supplement No. 4 to part 744) on the 

basis of section 744.11 of the EAR. The 

persons who are added to the Entity List 

have been determined by the U.S. 

Government to be acting contrary to the 

national security or foreign policy 

interests of the United States. These 

eight persons will be listed under the 

following three destinations on the 

Entity List: France, Iran and the United 

Arab Emirates (U.A.E.). 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to parties 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security (BIS) and that availability of 

license exceptions in such transactions 

is limited. 

DATES: This rule is effective June 28, 

2011. 

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, E-mail: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to parties 

identified on the Entity List require a 

license from BIS, and that availability of 

license exceptions in such transactions 

is limited. Persons are placed on the 

Entity List on the basis of criteria set 

forth in certain sections of part 744 

(Control Policy: End-User and End-Use 

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, Treasury, makes all 

decisions regarding additions to, 

removals from, or changes 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 

The ERC made a determination to add 

eight persons to the Entity List on the 

basis of section 744.11 (License 

Requirements that Apply to Entities 

Acting Contrary to the National Security 

or Foreign Policy Interests of the United 

States) of the EAR. The eight entries 

added to the Entity List consist of three 

new entries in France, three new entries 

in Iran, and two new entries in the 

U.A.E. 

The ERC reviewed the criteria for 

revising the Entity List (section 

744.11(b) of the EAR) in making the 

determination to add these persons to 

the Entity List. These criteria establish 

how to add to the Entity List those 

entities that, based on specific and 

articulable facts, there is reasonable 

cause to believe have been involved, are 

involved, or pose a significant risk of 

being or becoming involved in activities 

that are contrary to the national security 

or foreign policy interests of the United 

States, and those acting on behalf of 

such entities (section 744.11 of the 

EAR). The persons being added to the 

Entity List under this rule have been 

determined by the ERC to be involved 

in activities that could be contrary to the 

national security or foreign policy 

interests of the United States. An 

illustrative list of such activities can be 

found in paragraphs (b)(1)–(b)(5) of 

section 744.11 of the EAR. 

Pursuant to section 744.11, these eight 

persons are being added based on 

evidence that they have engaged in 

actions that could enhance the military 

capability of Iran, a country designated 

by the U.S. Secretary of State as having 

repeatedly provided support for acts of 

international terrorism. These persons 

are also being added because their 

overall conduct poses a risk of ongoing 

EAR violations. 

Additions to the Entity List 

This rule implements the decision of 

the ERC to add eight persons to the 

Entity List on the basis of section 744.11 

of the EAR. For all eight persons added 

to the Entity List, the ERC specified a 

license requirement for all items subject 

to the EAR and established a license 

application review policy of a 

presumption of denial. A BIS license is 

required to export, reexport or transfer 

(in-country) any item subject to the EAR 

to any of the persons described below, 

including any transaction in which any 

of the listed persons will act as 

purchaser, intermediate consignee, 

ultimate consignee, or end-user of the 

items. This listing of these persons also 

prohibits the use of license exceptions 

(see part 740 of the EAR) for exports, 

reexports and transfers (in-country) of 

items subject to the EAR involving such 

persons. 

Specifically, this rule adds the 

following eight persons to the Entity 

List: 

France 

(1) Aerotechnic France SAS, 8 Rue de 

la Bruyere, 31120 Pinsaguel, France; 

(2) Luc Teuly, 8 Rue de la Bruyere, 

31120 Pinsaguel, France; and 

(3) Philippe Sanchez, 8 Rue de la 

Bruyere, 31120 Pinsaguel, France. 

Iran 

(1) Hassan Seifi, Unit #23, Eighth 

Floor, No. 193 West Sarve Boulevard 

Kaj Square, Saadat Abad, 19987–14434, 

Tehran, Iran; 

(2) Reza Seifi, Unit #23, Eighth Floor, 

No. 193 West Sarve Boulevard Kaj 

Square, Saadat Abad, 19987–14434, 

Tehran, Iran; and 

(3) Sabanican Company, (a.k.a., 

Sabanican Pad Co.), Unit #23, Eighth 

Floor, No. 193 West Sarve Boulevard 

Kaj Square, Saadat Abad, 19987–14434, 

Tehran, Iran. 

United Arab Emirates 

(1) Aletra General Trading, (a.k.a., 

Erman & Sultan Trading Co.), Sabkha 

Street, Shop No. 8, Dubai, U.A.E.; and 

(2) Syed Amir Ahmed Najfi, Sabkha 

Street, Shop No. 8, Dubai, U.A.E. 

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 on dock for loading, on 

lighter, laden aboard an exporting or 

reexporting carrier, or en route aboard a 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37633 

carrier to a port of export or reexport, on 

June 28, 2011, 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) so long as they are exported or 

reexported before July 13, 2011. Any 

such items not actually exported or 

reexported before midnight, on July 13, 

2011, require a license in accordance 

with this rule. 

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 12, 2010, 75 FR 50681 

(August 16, 2010), has continued the 

EAR in effect under the International 

Emergency Economic Powers Act, 50 

U.S.C. 1701, et seq. 

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 a collection of information 

previously approved by the OMB under 

control number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a 

burden hour estimate of 58 minutes to 

prepare and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. Total burden hours 

associated with the PRA and OMB 

control number 0694–0088 are expected 

to increase slightly as a result of this 

rule. However, this increase is not 

significant enough to require an 

amendment to the previously approved 

information collection. 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 

participation, and a 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)). BIS implements this 

rule to prevent items from being 

exported, reexported or transferred (in 

country) to the persons being added to 

the Entity List. If this rule were delayed 

to allow for notice and comment and a 

delay in effective date, then entities 

being added to the Entity List by this 

action would continue to be able to 

receive items without a license and to 

conduct activities contrary to the 

national security or foreign policy 

interests of the United States. In 

addition, because these parties may 

receive notice of the U.S. Government’s 

intention to place these entities on the 

Entity List once a final rule was 

published it would create an incentive 

for these persons to either accelerate 

receiving items subject to the EAR to 

conduct activities that are contrary to 

the national security or foreign policy 

interests of the United States and/or to 

take steps to set up additional aliases, 

change addresses and take other steps to 

try to limit the impact of the listing on 

the Entity List once a final rule was 

published. 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) are 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 

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 August 12, 2010, 75 FR 50681 

(August 16, 2010); Notice of November 4, 

2010, 75 FR 68673 (November 8, 2010); 

Notice of January 13, 2011, 76 FR 3009 

(January 18, 2011). 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ (a) By adding, in alphabetical order, 

the destination of France under the 

Country column and three French 

entities; 

■ (b) By adding under Iran, in 

alphabetical order, three Iranian 

entities; and 

■ (c) By adding under the United Arab 

Emirates, in alphabetical order, two 

U.A.E. entities. 

The additions read as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License requirement License review policy Federal Register 

citation 

*******

France ................................ Aerotechnic France SAS, 

8 Rue de la Bruyere, 

31120 Pinsaguel, 

France.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

Luc Teuly, 8 Rue de la 

Bruyere, 31120 

Pinsaguel, France.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

Philippe Sanchez, 8 Rue 

de la Bruyere, 31120 

Pinsaguel, France.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

37634 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License requirement License review policy Federal Register 

citation 

*******

Iran 

*******

Hassan Seifi, Unit #23, 

Eighth Floor, No. 193 

West Sarve Boulevard 

Kaj Square, Saadat 

Abad, 19987–14434, 

Tehran, Iran.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

Reza Seifi, Unit #23, 

Eighth Floor, No. 193 

West Sarve Boulevard 

Kaj Square, Saadat 

Abad, 19987–14434, 

Tehran, Iran.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

Sabanican Company 

(a.k.a., Sabanican Pad 

Co.), Unit #23, Eighth 

Floor, No. 193 West 

Sarve Boulevard Kaj 

Square, Saadat Abad, 

19987–14434, Tehran, 

Iran.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

United Arab Emirates 

* * * * * * * 

Aletra General Trading 

(a.k.a., Erman & Sultan 

Trading Co.), Sabkha 

Street, Shop No. 8, 

Dubai, U.A.E.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28 2011, 

* * * * * * * 

Syed Amir Ahmed Najfi, 

Sabkha Street, Shop 

No. 8, Dubai, U.A.E.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

Dated: June 21, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–16165 Filed 6–27–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 110519290–1298–01] 

RIN 0694–AF25 

Revision to the Validated End-User 

Authorization for CSMC Technologies 

Corporation in the People’s Republic 

of China 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to revise the validated end-user 

authorization for CSMC Technologies 

Corporation (CSMC) in the People’s 

Republic of China (PRC) by adding an 

item to the list of items that may be 

exported, reexported, or transferred (incountry) to CSMC’s eligible destinations 

under Authorization Validated EndUser (VEU). 

DATES: This rule is effective June 28, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chair, End-User 

Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, U.S. Department of Commerce, 

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

3911, E-mail: ERC@bis.doc.gov. 

WReier-Aviles on DSKGBLS3C1PROD with RULES