75476 Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations 

the airport and its location, the 

procedure, and the amendment number. 

Availability and Summary of Material 

Incorporated by Reference 

The material incorporated by 

reference is publicly available as listed 

in the ADDRESSES section. 

The material incorporated by 

reference describes SIAPS, Takeoff 

Minimums and/or ODPs as identified in 

the amendatory language for part 97 of 

this final rule. 

The Rule 

This amendment to 14 CFR part 97 is 

effective upon publication of each 

separate SIAP, Takeoff Minimums and 

ODP as amended in the transmittal. 

Some SIAP and Takeoff Minimums and 

textual ODP amendments may have 

been issued previously by the FAA in a 

Flight Data Center (FDC) Notice to Air 

Missions (NOTAM) as an emergency 

action of immediate flights safety 

relating directly to published 

aeronautical charts. 

The circumstances that created the 

need for some SIAP and Takeoff 

Minimums and ODP amendments may 

require making them effective in less 

than 30 days. For the remaining SIAPs 

and Takeoff Minimums and ODPs, an 

effective date at least 30 days after 

publication is provided. 

Further, the SIAPs and Takeoff 

Minimums and ODPs contained in this 

amendment are based on the criteria 

contained in the U.S. Standard for 

Terminal Instrument Procedures 

(TERPS). In developing these SIAPs and 

Takeoff Minimums and ODPs, the 

TERPS criteria were applied to the 

conditions existing or anticipated at the 

affected airports. Because of the close 

and immediate relationship between 

these SIAPs, Takeoff Minimums and 

ODPs, and safety in air commerce, I find 

that notice and public procedure under 

5 U.S.C. 553(b) are impracticable and 

contrary to the public interest and, 

where applicable, under 5 U.S.C. 553(d), 

good cause exists for making some 

SIAPs effective in less than 30 days. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. It, therefore—(1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Lists of Subjects in 14 CFR Part 97 

Air Traffic Control, Airports, 

Incorporation by reference, Navigation 

(Air). 

Issued in Washington, DC on August 30, 

2024. 

Thomas J. Nichols, 

Standards Section Manager, Flight 

Procedures and Airspace Group, Flight 

Technologies and Procedures Division, Office 

of Safety Standards, Flight Standards Service, 

Aviation Safety, Federal Aviation 

Administration. 

Adoption of the Amendment 

Accordingly, pursuant to the 

authority delegated to me, 14 CFR part 

97 is amended by establishing, 

amending, suspending, or removing 

Standard Instrument Approach 

Procedures and/or Takeoff Minimums 

and Obstacle Departure Procedures 

effective at 0901 UTC on the dates 

specified, as follows: 

Part 97—Standard Instrument 

Approach Procedures 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40106, 40113, 40114, 40120, 44502, 44514, 

44701, 44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

Effective 3 October 2024 

Lakeland, FL, KLAL, RNAV (GPS) Y RWY 28, 

Orig 

Lakeland, FL, KLAL, RNAV (RNP) Z RWY 

28, Orig 

Effective 31 October 2024 

Shungnak, AK, SHG/PAGH, RNAV (GPS) 

RWY 28, Amdt 4 

Shungnak, AK, PAGH, Takeoff Minimums 

and Obstacle DP, Amdt 2 

Shungnak, AK, PAGH, TOMPY ONE, 

Graphic DP 

San Francisco, CA, SFO, RNAV (GPS) Z RWY 

28R, Amdt 8 

Atlanta, GA, ATL, RNAV (GPS) RWY 8R, 

Amdt 5 

Sandersville, GA, OKZ, RNAV (GPS) RWY 

13, Amdt 3A 

Grayling, MI, GOV, NDB RWY 14, Amdt 9 

Jefferson City, MO, JEF, ILS OR LOC RWY 

30, Amdt 7 

Jefferson City, MO, JEF, RNAV (GPS) RWY 

12, Amdt 1C 

Jefferson City, MO, JEF, RNAV (GPS) RWY 

30, Orig-C 

Reidsville, NC, SIF, RNAV (GPS) RWY 13, 

Amdt 1 

Reidsville, NC, SIF, RNAV (GPS) RWY 31, 

Amdt 1 

Reidsville, NC, KSIF, Takeoff Minimums and 

Obstacle DP, Amdt 4 

Broken Bow, NE, BBW, RNAV (GPS) RWY 

14, Orig-C 

Follett, TX, T93, Takeoff Minimums and 

Obstacle DP, Orig, CANCELED 

Fort Worth, TX, 50F, RNAV (GPS) RWY 17, 

Amdt 1 

Fort Worth, TX, 50F, RNAV (GPS) RWY 35, 

Amdt 3 

Lago Vista, TX, RYW, RNAV (GPS) RWY 15, 

Amdt 1A 

Navasota, TX, 60R, RNAV (GPS) RWY 17, 

Amdt 1 

Navasota, TX, 60R, RNAV (GPS) RWY 35, 

Amdt 1 

San Antonio, TX, KSAT, Takeoff Minimums 

and Obstacle DP, Amdt 1B 

Abingdon, VA, VJI, LOC RWY 24, Amdt 6 

Abingdon, VA, VJI, RNAV (GPS) RWY 6, 

Amdt 2 

Abingdon, VA, VJI, RNAV (GPS) RWY 24, 

Amdt 3 

Abingdon, VA, KVJI, Takeoff Minimums and 

Obstacle DP, Amdt 4 

[FR Doc. 2024–20810 Filed 9–13–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

Addition of Entities to the Entity List 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

In Title 15 of the Code of Federal 

Regulations, Parts 300 to 799, revised as 

of January 1, 2024, in supplement 

number 4 to part 744, in the table, under 

NETHERLANDS, restore the entry for 

‘‘Kapil Raj Arora’’, and under 

PAKISTAN, restore the entry for ‘‘Orion 

Eleven Pvt. Ltd.’’, to read as set forth 

below: 

Supplement No. 4 to Part 744—Entity 

List 

* * * * * 


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Federal Register / Vol. 89, No. 179 / Monday, September 16, 2024 / Rules and Regulations 75477 

Country Entity License 

requirement 

License 

review policy 

Federal Register 

citation 

*******

NETHERLANDS ..... * * * * * * 

Kapil Raj Arora, Breukelensestraat 44, 2574 

RC, The Hague, Netherlands; and 

Knobbelswaansingel 19, 2496 LN, The 

Hague, Netherlands.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 81 FR 14958, 3/21/16. 

* * * * * * 

PAKISTAN ............. * * * * * * 

Orion Eleven Pvt. Ltd., Street 11 Valley 

Road, Westridge Rawalpindi, Pakistan.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ............ 79 FR 56003, 9/18/14. 

* * * * * * 

* * * * * 

[FR Doc. 2024–21109 Filed 9–13–24; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 764 and 766 

[Docket No. 240911–0236] 

RIN 0694–AJ84 

Administrative and Enforcement 

Provisions 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: With this final rule, the 

Bureau of Industry and Security (BIS) 

amends the Export Administration 

Regulations (EAR) by making certain 

revisions and clarifications. This final 

rule revises provisions related to the 

voluntary self-disclosure process for 

exporters who believe that they may 

have violated the EAR, or any order, 

license or authorization issued 

thereunder. This final rule also provides 

clarified guidance on charging and 

penalty determinations in settlement of 

administrative enforcement cases. 

DATES: This rule is effective September 

16, 2024. 

FOR FURTHER INFORMATION CONTACT: For 

general questions, contact Tracy Martin, 

Office of Export Enforcement, Bureau of 

Industry and Security, U.S. Department 

of Commerce at (202) 482–1208 or by 

email: Tracy.Martin@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

With this rule BIS revises § 764.5 of 

the EAR regarding the procedures for 

submitting voluntary self-disclosures 

(VSDs) and supplement No. 1 to part 

766, which includes guidance on 

charging and penalty determinations in 

settlement of administrative 

enforcement cases. As discussed in 

more detail below, these revisions 

implement certain policies related to the 

VSD process that BIS has announced in 

policy memoranda since 2022, and also 

makes changes to how BIS calculates 

penalties in administrative cases. 

1. Relevant Statutory Authority and 

Regulatory Framework 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (50 U.S.C. 4801–4852). Section 

1760(c) of ECRA (50 U.S.C. 4819(c)) 

authorizes the Secretary of Commerce 

(Secretary) to impose civil penalties for 

violations of ECRA, its implementing 

regulations, or any order or license 

issued thereunder. Specifically, ECRA 

authorizes the Secretary to impose the 

following civil penalties for each 

violation: 

(A) A fine of not more than $300,000 

or an amount that is twice the value of 

the transaction that is the basis of the 

violation with respect to which the 

penalty is imposed, whichever is 

greater. 

(B) Revocation of a license issued 

under [ECRA] to the person. 

(C) A prohibition on the person’s 

ability to export, reexport, or in-country 

transfer any items controlled under 

[ECRA]. 

50 U.S.C. 4819(c)(1). The amount of the 

maximum civil penalty per violation 

under ECRA is subject to adjustment 

under the Civil Penalties Inflation 

Adjustment Act of 1990 (28 U.S.C. 2461) 

and is currently $364,992. See 15 CFR 

6.3(c)(6). Within these limits, 50 U.S.C. 

4819(c)(3) authorizes the Secretary to 

issue regulations to ‘‘provide standards 

for establishing levels of civil penalty 

. . . based upon factors such as the 

seriousness of the violation, the 

culpability of the violator, and such 

mitigating factors as the violator’s 

record of cooperation with the 

Government in disclosing the 

violation.’’ The Secretary’s authority 

under ECRA is delegated to BIS (see 

section 1781 of ECRA, 50 U.S.C. 4851) 

and is implemented through the EAR. 

Consistent with these authorities, BIS 

has implemented regulations providing 

standards for establishing levels of civil 

penalties in supplement No. 1 to part 

766, titled ‘‘Guidance on Charging and 

Penalty Determinations in Settlement of 

Administrative Enforcement Cases’’ 

(‘‘BIS Penalty Guidelines’’). Last revised 

in the rule entitled ‘‘Guidance on 

Charging and Penalty Determinations in 

Settlement of Administrative 

Enforcement Cases’’ published in the 

Federal Register on June 22, 2016 (81 

FR 40506), the BIS Penalty Guidelines 

describe how BIS’s Office of Export 

Enforcement (OEE), the organizational 

unit of BIS that is responsible for 

enforcing the provisions of the EAR, 

makes penalty determinations in 

administrative enforcement cases. The 

BIS Penalty Guidelines describe various 

factors—including aggravating, general, 

and mitigating factors—that OEE will 

consider in determining how to respond 

to apparent export violations in 

administrative cases. Specifically, the 

BIS Penalty Guidelines outline how 

OEE calculates monetary penalties for a 

particular violation, which includes 

determination of the relevant base 

penalty, and how the various 

aggravating, general, and mitigating 

factors justify an upward or downward 

departure from that base penalty. As 

discussed in the BIS Penalty Guidelines, 

the presence of significant aggravating 

factors may lead OEE to consider the 

conduct to be egregious, which may 

result in considerably higher monetary 

penalties. Conversely, the presence of 

significant mitigating factors may result 

in a lower monetary penalty. 

One factor given significant weight in 

the BIS Penalty Guidelines is whether a 

party submitted a VSD regarding the 

violation. BIS encourages parties who 


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