Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices 78845 

information provided. Only include 

information you would like to be made 

public. 

Instructions: Response to this RFC is 

voluntary. Responses should include 

the name of the person(s) or 

organization(s) filing the response. 

Responses containing references, 

studies, research, and other empirical 

data that are not widely published 

should include copies of or electronic 

links to the referenced materials. Please 

do not submit copyrighted material. 

OPOG will not consider responses 

containing profanity, vulgarity, threats, 

or other inappropriate language or 

content. Any information obtained from 

this RFC is intended to be used by the 

Government on a non-attribution basis. 

The Department of Commerce will not 

respond to individual submissions. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information 

should be directed to open@doc.gov 

with ‘‘Open Government Plan RFC’’ in 

the subject line, or by mail to Office of 

Privacy and Open Government, U.S. 

Department of Commerce, Attn: Jennifer 

Goode, Ph.D., Deputy Director for Open 

Government and Departmental Privacy 

Act Officer, 1401 Constitution Ave. NW, 

Mail Stop 61013, Washington, DC 

20230, (202) 482–1190. 

SUPPLEMENTARY INFORMATION: In 

accordance with OMB Memorandum 

M–09–12, President’s Memorandum on 

Transparency and Open Government— 

Interagency Collaboration, OMB 

Memorandum M–10–06, Open 

Government Directive, and OMB 

Memorandum M–16–16, 2016 Agency 

Open Government Plans, the 

Department continues to develop, 

publish, and update its Open 

Government Plan every two years. The 

Plan describes how the Department 

continuously strives to improve 

transparency and integrate public 

participation and collaboration into its 

activities. In September 2022, the 

Department published the seventh 

version of its Open Government Plan, 

building on the Department’s long 

history of innovative approaches to data 

dissemination and highlighting the 

adoption of new tools and technology to 

facilitate the principles of open 

government. 

Now, as the Department develops the 

eighth version of its Open Government 

Plan, we welcome public input on how 

to improve upon the approach we took 

for the presentation of the seventh 

version of the Open Government Plan, 

including how to improve the 

organization, scope, form and format of 

the plan; enhance readability; and reach 

a broader audience. We also welcome 

public input on how best to convey how 

the Department will incorporate the 

following themes from the fifth U.S. 

Open Government National Action Plan, 

issued on December 28, 2022: 

• improving access to government 

data, research, and information; 

• increasing civic space within which 

to engage with the public; 

• transforming government service 

delivery; 

• countering corruption and ensuring 

government integrity and accountability 

to the public; and 

• ensuring equal justice under the 

law.Please Note: The focus of this 

request for information is the 

presentation of the Department’s Open 

Government Plan document. Comments 

or suggestions for improvements to the 

Department’s programs or activities in 

furtherance of open government will not 

be considered in connection with this 

request for information. 

To learn more about the Department’s 

commitment to open government and to 

access the seventh or previous versions 

of the Department’s Open Government 

Plan, visit www.commerce.gov/open. To 

learn more about the fifth U.S. Open 

Government National Action Plan, visit: 

https://open.usa.gov/national-actionplan/5/. 

Charles R. Cutshall, 

Department of Commerce, Director of Open 

Government, Office of Privacy and Open 

Government. 

[FR Doc. 2024–21731 Filed 9–25–24; 8:45 am] 

BILLING CODE 3510–17–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[B–50–2024] 

Foreign-Trade Zone (FTZ) 49, 

Notification of Proposed Production 

Activity; Merck, Sharp & Dohme LLC; 

(Pharmaceutical Products for 

Research and Development); Rahway, 

New Jersey 

Merck, Sharp & Dohme LLC 

submitted a notification of proposed 

production activity to the FTZ Board 

(the Board) for its facility in Rahway, 

New Jersey, within Subzone 49Y. The 

notification conforming to the 

requirements of the Board’s regulations 

(15 CFR 400.22) was received on 

September 18, 2024. 

Pursuant to 15 CFR 400.14(b), FTZ 

production activity would be limited to 

the specific foreign-status material(s)/ 

component(s) and specific finished 

product(s) described in the submitted 

notification (summarized below) and 

subsequently authorized by the Board. 

The benefits that may stem from 

conducting production activity under 

FTZ procedures are explained in the 

background section of the Board’s 

website—accessible via www.trade.gov/ 

ftz. The proposed finished product and 

material/component would be added to 

the production authority that the Board 

previously approved for the operation, 

as reflected on the Board’s website. 

The proposed finished product for 

research and development is MK–6878 

HIV drug product (duty-free). 

The proposed foreign-status material/ 

component is MK–6878 HIV active 

pharmaceutical ingredient (duty rate, 

6.5%). The request indicates that this 

material/component is subject to duties 

under section 301 of the Trade Act of 

1974 (section 301), depending on the 

country of origin. The applicable section 

301 decisions require subject 

merchandise to be admitted to FTZs in 

privileged foreign status (19 CFR 

146.41). 

Public comment is invited from 

interested parties. Submissions shall be 

addressed to the Board’s Executive 

Secretary and sent to: ftz@trade.gov. The 

closing period for their receipt is 

November 5, 2024. 

A copy of the notification will be 

available for public inspection in the 

‘‘Online FTZ Information System’’ 

section of the Board’s website. 

For further information, contact Diane 

Finver at Diane.Finver@trade.gov. 

Dated: September 23, 2024. 

Elizabeth Whiteman, 

Executive Secretary. 

[FR Doc. 2024–22102 Filed 9–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Foreign-Trade Zones Board 

[B–29–2024] 

Foreign-Trade Zone (FTZ) 32; 

Authorization of Production Activity; 

J.J.C. International Distributors LLC 

dba Clar Company; (Galvanized Steel 

Products); Miami, Florida 

On May 23, 2024, J.J.C. International 

Distributors LLC dba Clar Company 

submitted a notification of proposed 

production activity to the FTZ Board for 

its facility within FTZ 32, in Miami, 

Florida. 

The notification was processed in 

accordance with the regulations of the 

FTZ Board (15 CFR part 400), including 

notice in the Federal Register inviting 

public comment (89 FR 47129, May 31, 

2024). On September 20, 2024, the 


khammond on DSKJM1Z7X2PROD with NOTICES
78846 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / 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 12, 2022 (87 FR 21616). 

3The October 3, 2022 renewal order, which was 

effective upon issuance, was published in the 

Federal Register on October 7, 2022 (87 FR 60987). 

4The March 29, 2023 renewal order, which was 

effective upon issuance, was published in the 

Federal Register on April 4, 2023 (88 FR 19911). 

5The September 23, 2023 renewal order, which 

was effective upon issuance, was published in the 

Federal Register on September 28, 2023 (88 FR 

66802). 

6Section 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. 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. 

7 88 FR 59791 (Aug. 30, 2023). 

8 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). 

9 87 FR 13048 (Mar. 8, 2022). 

applicant was notified of the FTZ 

Board’s decision that no further review 

of the activity is warranted at this time. 

The production activity described in the 

notification was authorized, subject to 

the FTZ Act and the FTZ Board’s 

regulations, including section 400.14. 

Dated: September 20, 2024. 

Elizabeth Whiteman, 

Executive Secretary. 

[FR Doc. 2024–21970 Filed 9–25–24; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Renewing Temporary Denial of 

Export Privileges; UTair Aviation JSC, 

Khanty-Mansiysk Airport Tyumen 

Region, Russia 628012 

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 September 23, 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 

UTair Aviation JSC (‘‘UTair’’) has 

engaged in a pattern of repeated, 

ongoing and/or continuous apparent 

violations of the EAR. 

I. Procedural History 

On April 7, 2022, I signed an order 

denying UTair’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. 

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 3, 

2022,3 March 29, 2023,4 and September 

23, 2023 5 in accordance with section 

766.24(d) of the Regulations.6

On August 27, 2024, BIS, through 

OEE, submitted a written request for 

renewal of the TDO that issued on 

September 23, 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 deliver a copy of 

the renewal request to UTair 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. 

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.’’ 7 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).8 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).9 Accordingly, any U.S.-origin 


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