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superseded, set aside, or revoked through action 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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Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices 78847 

10Publicly available flight tracking information 

shows that on March 5, 2022, serial number (SN) 

36387 flew from Jeddah, Saudi Arabia to Grozny, 

Russia, and on March 30, 2022, SN 28907 flew from 

Yerevan, Armenia to Tyumen, Russia. In addition, 

on March 31, 2022, SN 30437 flew from Tashkent, 

Uzbekistan to Moscow, Russia. 

11Engaging in conduct prohibited by a denial 

order violates the Regulations. 15 CFR 764.2(a) and 

(k). 

12Publicly available flight tracking information 

shows that on September 19, 2022, SN 30437 flew 

from Tashkent, Uzbekistan to Moscow, Russia, and 

SN 30435 flew from Yerevan, Armenia to Moscow, 

Russia. In addition, on September 21, 2022, SN 

28912 flew from Baku, Azerbaijan to Moscow, 

Russia. 

13Publicly available flight tracking information 

shows that SN 37752 flew from Yerevan, Armenia 

to Moscow, Russia on March 23, 2023 and from 

Dubai, United Arab Emirates to Grozny, Russia on 

March 28, 2023. In addition, on March 29, 2023, SN 

30437 flew from Dushanbe, Tajikistan to Moscow 

Russia and on March 7, 2023, SN 28912 flew from 

Baku, Azerbaijan to Ufa, Russia. 

14Publicly available flight tracking information 

shows that SN 37552 flew from Istanbul, Turkey to 

Grozny, Russia on September 19, 2023, SN 29936 

flew from Yerevan, Armenia to Moscow, Russia on 

September 15, 2023. In addition, SN 32780 flew 

from Dushanbe, Tajikistan to Moscow, Russia on 

September 8, 2023. 

aircraft or foreign aircraft that includes 

more than 25% controlled U.S.-origin 

content, and that is registered in, 

owned, or controlled by, or under 

charter or lease by Russia or a national 

of Russia, is subject to a license 

requirement before it can travel to 

Russia. 

OEE’s request for renewal for a period 

of one year is based upon the facts 

underlying the issuance of the initial 

TDO and the renewal orders 

subsequently issued in this matter, as 

well as other evidence developed during 

this investigation. These facts and 

evidence demonstrate that UTair has 

continued, and continues, to act in 

blatant disregard for U.S. export 

controls and the terms of previously 

issued TDOs. Specifically, the initial 

TDO, issued on April 7, 2022, was based 

on evidence that UTair engaged in 

conduct prohibited by the Regulations 

by operating multiple aircraft subject to 

the EAR and classified under ECCN 

9A991.b on flights into Russia after 

March 2, 2022 from destinations 

including, but not limited to, Jeddah, 

Saudi Arabia, Yerevan, Armenia, and 

Tashkent, Uzbekistan, without the 

required BIS authorization.10 Further 

evidence submitted by BIS indicated 

that UTair was continuing to operate 

aircraft subject to the EAR domestically 

on flights within Russia, potentially in 

violation of section 736.2(b)(10) of the 

Regulations. 

As discussed in the October 3, 2022, 

March 29, 2023, and September 23, 

2023 renewal orders, evidence 

presented by BIS indicated that, after 

the initial order issued, UTair continued 

to operate aircraft subject to the EAR 

and classified under ECCN 9A991.b on 

flights both into and out of Russia, in 

violation of the Regulations and the 

TDO itself.11 Specifically, the October 3, 

2022 renewal order detailed UTair’s 

continued operation of aircraft subject 

to the EAR, including, but not limited 

to, on flights into and out of Russia 

from/to Yerevan, Armenia, Baku, 

Azerbaijan, and Tashkent, Uzbekistan.12

Similarly, the March 29, 2023 renewal 

order detailed UTair’s continued 

operation of aircraft subject to the EAR, 

including, but not limited to, on flights 

into and out of Russia from/to Yerevan, 

Armenia, Baku, Azerbaijan, Dushanbe, 

Tajikistan, and Dubai, United Arab 

Emirates (‘‘UAE’’).13 The September 23, 

2023 renewal order outlined UTair’s 

further operation of aircraft subject to 

the EAR including, but not limited to, 

on flights into and out of Russia from/ 

to Yerevan, Armenia, Baku, Azerbaijan, 

Dushanbe, Tajikistan, Istanbul, Turkey, 

Tashkent, Uzbekistan, and Dubai, 

UAE.14

Since that time, UTair has continued 

to engage in conduct prohibited by the 

applicable TDO and Regulations. In its 

August 27, 2024 request for renewal of 

the TDO, BIS submitted evidence that 

UTair is operating aircraft subject to the 

EAR and classified under ECCN 

9A991.b, both on flights into and within 

Russia, in violation of the September 23, 

2023 TDO and/or the Regulations. 

Specifically, BIS’s evidence and related 

investigation demonstrates that UTair 

has continued to operate aircraft subject 

to the EAR, including, but not limited 

to, on flights into and out of Russia 

from/to Khujand, Tajikistan, Istanbul, 

Turkey, Dubai, UAE, Baku, Azerbaijan, 

Samarkand, Uzbekistan, Bukhara, 

Uzbekistan, and Bishkek, Kyrgyzstan. 

Information about those flights includes, 

but is not limited to, the following: 

Tail No. Serial No. Aircraft type Departure/arrival cities Dates 

RA–73089 ......... 37552 737–8GU (B738) .... Khujand, TJ/Tyumen, RU .................................................... August 11, 2024. 

RA–73089 ......... 37552 737–8GU (B738) .... Istanbul, TR/Grozny, RU ..................................................... September 6, 2024. 

RA–73089 ......... 37552 737–8GU (B738) .... Dubai, AE/Grozny, RU ......................................................... September 8, 2024. 

RA–73087 ......... 29936 737–8AS (B738) .... Samarkand, UZ/Moscow, RU .............................................. August 5, 2024. 

RA–73087 ......... 29936 737–8AS (B738) .... Baku, AZ/Moscow, RU ........................................................ August 14, 2024. 

RA–73087 ......... 29936 737–8AS (B738) .... Baku, AZ/Moscow, RU ........................................................ September 9, 2024. 

RA–73085 ......... 32779 737–8AS (B738) .... Bukhara UZ/Moscow, RU .................................................... August 3, 2024. 

RA–73085 ......... 32779 737–8AS (B738) .... Baku, AZ/Moscow, RU ........................................................ August 13, 2024. 

RA–73085 ......... 32779 737–8AS (B738) .... Samarkand, UZ/St Petersburg, RU ..................................... September 10, 2024. 

RA–73086 ......... 32780 737–8AS (B738) .... Bishkek, KG/Surgut RU ....................................................... August 11, 2024. 

RA–73086 ......... 32780 737–8AS (B738) .... Baku, AZ/Moscow, RU ........................................................ August 12, 2024. 

RA–73086 ......... 32780 737–8AS (B738) .... Baku, AZ/Moscow, RU ........................................................ September 10, 2024. 

III. Findings 

Under the applicable standard set 

forth in section 766.24 of the 

Regulations and my review of the entire 

record, I find that the evidence 

presented by BIS convincingly 

demonstrates that UTair has acted in 

violation of the Regulations and the 

TDO; that such violations have been 

significant and deliberate; and that 

given the foregoing and the nature of the 

matters under investigation, there is a 

likelihood of imminent violations. 

Moreover, I find that renewal for an 

extended period is appropriate because 

UTair has engaged in a pattern of 

repeated, ongoing and/or continuous 

apparent violations of the EAR. 

Therefore, renewal of the TDO for one 

year is necessary in the public interest 

to prevent imminent violation of the 

Regulations and to give notice to 

companies and individuals in the 

United States and abroad that they 

should avoid dealing with UTair, in 

connection with export and reexport 

transactions involving items subject to 

the Regulations and in connection with 

any other activity subject to the 

Regulations. 

IV. Order 

It is therefore ordered: 

First, UTair Aviation JSC, KhantyMansiysk Airport, Tyumen Region, 

Russia 628012, when acting for or on 


khammond on DSKJM1Z7X2PROD with NOTICES
78848 Federal Register / Vol. 89, No. 187 / Thursday, September 26, 2024 / Notices 

1See Certain Tungsten Shot from the People’s 

Republic of China: Initiation of Countervailing Duty 

Investigation, 89 FR 65852 (August 13, 2024). 

2The petitioner is Tungsten Parts Wyoming, Inc. 

their behalf, any successors or assigns, 

agents, or employees may not, directly 

or indirectly, participate in any way in 

any transaction involving any 

commodity, software or technology 

(hereinafter collectively referred to as 

‘‘item’’) exported or to be exported from 

the United States that is subject to the 

EAR, or in any other activity subject to 

the EAR including, but not limited to: 

A. Applying for, obtaining, or using 

any license (except directly related to 

safety of flight), license exception, or 

export control document; 

B. Carrying on negotiations 

concerning, or ordering, buying, 

receiving, using, selling, delivering, 

storing, disposing of, forwarding, 

transporting, financing, or otherwise 

servicing in any way, any transaction 

involving any item exported or to be 

exported from the United States that is 

subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to section 764.3(a)(2) of 

the Regulations, or engaging in any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations; or 

C. Benefitting in any way from any 

transaction involving any item exported 

or to be exported from the United States 

that is subject to the EAR, or from any 

other activity subject to the EAR except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations. 

Second, that no person may, directly 

or indirectly, do any of the following: 

A. Export, reexport, or transfer (incountry) to or on behalf of UTair any 

item subject to the EAR except directly 

related to safety of flight and authorized 

by BIS pursuant to section 764.3(a)(2) of 

the Regulations; 

B. Take any action that facilitates the 

acquisition or attempted acquisition by 

UTair of the ownership, possession, or 

control of any item subject to the EAR 

that has been or will be exported from 

the United States, including financing 

or other support activities related to a 

transaction whereby UTair acquires or 

attempts to acquire such ownership, 

possession or control except directly 

related to safety of flight and authorized 

by BIS pursuant to Section 764.3(a)(2) of 

the Regulations; 

C. Take any action to acquire from or 

to facilitate the acquisition or attempted 

acquisition from UTair of any item 

subject to the EAR that has been 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations; 

D. Obtain from UTair in the United 

States any item subject to the EAR with 

knowledge or reason to know that the 

item will be, or is intended to be, 

exported from the United States except 

directly related to safety of flight and 

authorized by BIS pursuant to section 

764.3(a)(2) of the Regulations; or 

E. Engage in any transaction to service 

any item subject to the EAR that has 

been or will be exported from the 

United States and which is owned, 

possessed or controlled by UTair, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by UTair if such service involves the use 

of any item subject to the EAR that has 

been or will be exported from the 

United States except directly related to 

safety of flight and authorized by BIS 

pursuant to section 764.3(a)(2) of the 

Regulations. For purposes of this 

paragraph, servicing means installation, 

maintenance, repair, modification, or 

testing. 

Third, that, after notice and 

opportunity for comment as provided in 

section 766.23 of the EAR, any other 

person, firm, corporation, or business 

organization related to UTair by 

ownership, control, position of 

responsibility, affiliation, or other 

connection in the conduct of trade or 

business may also be made subject to 

the provisions of this Order. 

In accordance with the provisions of 

sections 766.24(e) of the EAR, UTair 

may, at any time, appeal this Order by 

filing a full written statement in support 

of the appeal with the Office of the 

Administrative Law Judge, U.S. Coast 

Guard ALJ Docketing Center, 40 South 

Gay Street, Baltimore, Maryland 21202– 

4022. 

In accordance with the provisions of 

section 766.24(d) of the EAR, BIS may 

seek renewal of this Order by filing a 

written request not later than 20 days 

before the expiration date. A renewal 

request may be opposed by UTair as 

provided in section 766.24(d), by filing 

a written submission with the Assistant 

Secretary of Commerce for Export 

Enforcement, which must be received 

not later than seven days before the 

expiration date of the Order. 

A copy of this Order shall be provided 

to UTair, and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for one year. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2024–21947 Filed 9–25–24; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–570–179] 

Certain Tungsten Shot From People’s 

Republic of China: Postponement of 

Preliminary Determination in the 

Countervailing Duty Investigation 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable September 26, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Samuel Evans at (202) 482–2420, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 6, 2024, the U.S. 

Department of Commerce (Commerce) 

initiated a countervailing duty (CVD) 

investigation of imports of certain 

tungsten shot (tungsten shot) from the 

People’s Republic of China.1 Currently, 

the preliminary determination is due no 

later than October 10, 2024. 

Postponement of Preliminary 

Determination 

Section 703(b)(1) of the Tariff Act of 

1930, as amended (the Act), requires 

Commerce to issue the preliminary 

determination in a countervailing duty 

investigation within 65 days after the 

date on which Commerce initiated the 

investigation. However, section 

703(c)(1) of the Act permits Commerce 

to postpone the preliminary 

determination until no later than 130 

days after the date on which Commerce 

initiated the investigation if: (A) the 

petitioner 2 makes a timely request for a 

postponement; or (B) Commerce 

concludes that the parties concerned are 

cooperating, that the investigation is 

extraordinarily complicated, and that 

additional time is necessary to make a 

preliminary determination. Under 19 

CFR 351.205(e), the petitioner must 

submit a request for postponement 25 

days or more before the scheduled date 

of the preliminary determination and 

must state the reasons for the request. 

Commerce will grant the request unless 

it finds compelling reasons to deny the 

request. 

On September 12, 2024, the petitioner 

submitted a timely request that 


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