Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Rules and Regulations 83427 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Pub. L. 104–121) (set forth as 

a note to 5 U.S.C. 601) requires FAA to 

comply with small entity requests for 

information or advice about compliance 

with statutes and regulations within its 

jurisdiction. A small entity with 

questions regarding this document may 

contact its local FAA official or the 

persons listed under the FOR FURTHER 

INFORMATION CONTACT heading at 

the beginning of the preamble. To find 

out more about SBREFA on the internet, 

visit http://www.faa.gov/regulations_

policies/rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 91 

Air traffic control, Aircraft, Airmen, 

Airports, Aviation safety, Freight, Iraq. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations, as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40101, 

40103, 40105, 40113, 40120, 44101, 44111, 

44701, 44704, 44709, 44711, 44712, 44715, 

44716, 44717, 44722, 46306, 46315, 46316, 

46504, 46506–46507, 47122, 47508, 47528– 

47531, 47534, Pub. L. 114–190, 130 Stat. 615 

(49 U.S.C. 44703 note); articles 12 and 29 of 

the Convention on International Civil 

Aviation (61 Stat. 1180), (126 Stat. 11). 

■ 2. Amend § 91.1605 by revising 

paragraph (e) to read as follows: 

§ 91.1605 Special Federal Aviation 

Regulation No. 77—Prohibition Against 

Certain Flights in the Baghdad Flight 

Information Region (FIR) (ORBB). 

* * * * * 

(e) Expiration. This SFAR will remain 

in effect until October 26, 2027. The 

FAA may amend, rescind, or extend this 

SFAR, as necessary. 

Issued in Washington, DC, under the 

authority of 49 U.S.C. 106(f), 

40101(d)(1), 40105(b)(1)(A), and 

44701(a)(5). 

Michael Gordon Whitaker, 

Administrator. 

[FR Doc. 2024–23785 Filed 10–15–24; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 740 

[Docket No. 240917–0241] 

RIN 0694–AJ89 

Updated License Exception 

Implemented Export Controls (IEC) 

Eligible Items and Destinations 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: This rule revises the version 

date for the License Exception 

Implemented Export Controls (IEC) table 

posted on the Bureau of Industry and 

Security (BIS) website and replaces the 

long URL address for the table to a 

shorter and simpler URL address. BIS 

posted an updated table on September 

17, 2024, that updated the eligible 

countries for License Exception IEC by 

adding Denmark, Finland, and Japan to 

appropriate items in the table. 

DATES: This rule is effective October 16, 

2024. The incorporation by reference of 

certain material listed in the rule is 

approved by the Director of the Federal 

Register as of October 16, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Office of National Security Controls, 

phone: 202–482–0092; email: 

LicenseExceptionIEC@bis.doc. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 27, 2024, the Office of the 

Federal Register approved an 

Incorporation By Reference (IBR) 

request submitted by BIS to post a table 

entitled ‘‘License Exception 

Implemented Export Controls (IEC) 

eligible items and destinations’’ on BIS’ 

website. The table includes items and 

countries eligible for License Exception 

IEC, see § 740.24 of the EAR. 

On September 5, 2024, BIS posted on 

its website updates to that table. The 

updates included changing the last 

modified date from ‘‘August 27, 2024’’ 

to ‘‘September 5, 2024’’; changing the 

eligibility date for all the rows from 

‘‘August 27, 2024’’ to ‘‘September 6, 

2024’’ (which was the date of 

publication for the rule entitled 

‘‘Commerce Control List Additions and 

Revisions; Implementation of Controls 

on Advanced Technologies Consistent 

with Controls Implemented by 

International Partners,’’ RIN 0694–AJ60 

(89 FR 72926)); and correcting the 

misspelling of ‘‘eligibility’’ in the table 

title. 

On September 17, 2024, BIS posted on 

its website an update to the table that 

added Denmark, Finland to the table, 

and modified the entries for Japan on 

the table for appropriate item eligibility 

to match the implementation by these 

countries. 

Finally, this rule revises paragraph (c) 

of § 740.24 by revising the last modified 

date to September 17, 2024, and 

changing the URL to a simpler address 

of www.bis.gov/IEC. 

Export Control Reform Act of 2018 

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) (codified, as amended, at 50 

U.S.C. 4801–4852). ECRA provides the 

legal basis for BIS’s principal authorities 

and serves as the authority under which 

BIS issues this rule. In particular, and as 

noted elsewhere, Section 1753 of ECRA 

(50 U.S.C. 4812) authorizes the 

regulation of exports, reexports, and 

transfers (in-country) of items subject to 

U.S. jurisdiction. Further, Section 

1754(a)(1)–(16) of ECRA (50 U.S.C. 

4813(a)(1)–(16)) authorizes, inter alia, 

the establishment of a list of controlled 

items; the prohibition of unauthorized 

exports, reexports, and transfers (incountry) of controlled items; the 

requirement of licenses or other 

authorizations for exports, reexports, 

and transfers (in-country) of controlled 

items; apprising the public of changes in 

policy, regulations, and procedures; and 

any other action necessary to carry out 

ECRA that is not otherwise prohibited 

by law. Pursuant to Section 1762(a) of 

ECRA (50 U.S.C. 4821(a)), these changes 

can be imposed in a final rule without 

prior notice and comment. 

Rulemaking Requirements 

1. Executive Orders 12866, 13563, and 

14094 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects and distributive impacts and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits and 

of reducing costs, harmonizing rules, 

and promoting flexibility. This final rule 

has not been designated a significant 

regulatory action under section 3(f) of 

Executive Order 12866, as amended by 

Executive Order 14094. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 


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83428 Federal Register / Vol. 89, No. 200 / Wednesday, October 16, 2024 / Rules and Regulations 

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. Although this 

rule makes important changes to the 

EAR for items controlled for national 

security reasons, the overall decreases 

in burdens and costs associated with the 

following information collections due to 

this rule are estimated to decrease the 

number of submissions by 50, which 

will not require revision of the current 

approved estimated time burdens for 

completing related submissions 

described below. 

• 0694–0088, ‘‘Simplified Network 

Application Processing System,’’ which 

carries a burden- hour estimate of 29.6 

minutes for a manual or electronic 

submission; 

• 0694–0137 ‘‘License Exceptions and 

Exclusions,’’ which carries a burdenhour estimate average of 1.5 hours per 

submission (Note: submissions for 

License Exceptions are rarely required); 

• 0694–0096 ‘‘Five Year Records 

Retention Period,’’ which carries a 

burden-hour estimate of less than 1 

minute; and 

• 0607–0152 ‘‘Automated Export 

System (AES) Program,’’ which carries a 

burden-hour estimate of 3 minutes per 

electronic submission. 

Additional information regarding 

these collections of information— 

including all background materials—can 

be found at https://www.reginfo.gov/ 

public/do/PRAMain and using the 

search function to enter either the title 

of the collection or the OMB Control 

Number. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of ECRA 

(50 U.S.C. 4821), this action is exempt 

from the Administrative Procedure Act 

(APA) (5 U.S.C. 553) requirements for 

notice of proposed rulemaking, 

opportunity for public participation and 

delay in effective date. 

5. 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. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

List of Subjects for 15 CFR Parts 740 

Administrative practice and 

procedure, Exports, Incorporation by 

reference, Reporting and recordkeeping. 

Accordingly, part 740 of the Export 

Administration Regulations (15 CFR 

parts 730 through 774) is amended as 

follows: 

PART 740—LICENSE EXCEPTIONS 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 2. Section 740.24 is amended by 

revising paragraph (c) to read as follows: 

§ 740.24 Implemented Export Controls 

(IEC). 

* * * * * 

(c) Incorporation by reference. License 

Exception Implemented Export Controls 

(IEC) Eligible Items and Destinations, 

last modified September 17, 2024, is 

incorporated by reference into this 

section with the approval of the Director 

of the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. This material 

is available for inspection at the BIS and 

at the National Archives and Records 

Administration (NARA). Contact BIS at: 

BIS Office of National Security Controls, 

phone: 202–482–0092; email: 

LicenseExceptionIEC@bis.doc; website: 

www.bis.gov. For information on the 

availability of this material at NARA, 

visit www.archives.gov/federal-register/ 

cfr/ibr-locations or email fr.inspection@

nara.gov. The material may be obtained 

from BIS and is available for inspection 

on the BIS website at www.bis.gov/IEC. 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2024–23814 Filed 10–15–24; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 241004–0262] 

RIN 0694–AJ91 

Revisions to the Unverified List 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

adding eight persons to the Unverified 

List (UVL). Of the eight persons being 

added, three are under the destination 

of China, People’s Republic of (China); 

two are under the destination of 

Germany; one is under the destination 

of Pakistan; and two are under the 

destination of Tu ̈rkiye. BIS is also 

amending the EAR by removing two 

persons from the UVL. Of the two 

persons being removed, one is under the 

destination of Saudi Arabia, and the 

other is under the destination of China. 

DATES: This rule is effective October 16, 

2024. 

FOR FURTHER INFORMATION CONTACT: 

Deniz Muslu, Director, Office of 

Enforcement Analysis, Phone: (202) 

482–4255, Email: UVLrequest@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Unverified List (UVL), found in 

supplement no. 6 to part 744 of the EAR 

(15 CFR parts 730–774), contains the 

names and addresses of foreign persons 

who are or have been parties to a 

transaction, as described in § 748.5 of 

the EAR, involving the export, reexport, 

or transfer (in-country) of items subject 

to the EAR. These foreign persons are 

added to the UVL because BIS or federal 

officials acting on BIS’s behalf were 

unable to verify their bona fides (i.e., 

legitimacy and reliability relating to the 

end use and end user of items subject 

to the EAR) through the completion of 

an end-use check. Sometimes these 

checks, such as a pre-license check 

(PLC) or a post-shipment verification 

(PSV), cannot be completed 

satisfactorily for reasons outside the 

U.S. Government’s control. 

There are any number of reasons why 

these checks cannot be completed to the 

satisfaction of the U.S. Government. The 

reasons include, but are not limited to: 

(1) reasons unrelated to the cooperation 

of the foreign party subject to the enduse check (e.g., BIS sometimes initiates 

end-use checks but is unable to 

complete them because the foreign party 

cannot be found at the address indicated 

on the associated export documents and 

BIS cannot contact the party by 

telephone or email); (2) reasons related 

to a lack of cooperation by a host 

government that fails to schedule and 

facilitate the completion of an end-use 

check (e.g., a host government agencies’ 

lack of responses to requests to conduct 

end-use checks, actions preventing the 

scheduling of such checks, or refusals to 

schedule checks in a timely manner); or 

(3) when, during the end-use check, a 

recipient of items subject to the EAR is 


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