Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11469 

DEPARTMENT OF TRANSPORTATION 

14 CFR Part 382 

[Dockets OST–2004–19482; OST–2005– 

22298; OST–2006–23999] 

RINs 2105–AC97; 2105–AC29; 2105–AD41 

Nondiscrimination on the Basis of 

Disability in Air Travel 

AGENCY: Department of Transportation, 

Office of the Secretary. 

ACTION: Final rule; correction. 

SUMMARY: The Department of 

Transportation published the new Air 

Carrier Access Act (ACAA) rule in the 

Federal Register on Tuesday, May 13, 

2008 (73 FR 27614). This document 

corrects editorial errors or omissions 

and clarifies ambiguities in the 

preamble, rule text and appendix of the 

final rule. 

DATES: Effective Date: These corrections 

are effective May 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Blank Riether or Blane A. 

Workie, Office of the Assistant General 

Counsel for Aviation Enforcement and 

Proceedings, Department of 

Transportation, 1200 New Jersey Ave., 

SE., Washington, DC 20590, 202–366– 

9342 (voice), 202–366–7152 (fax), 

kathleen.blankriether@dot.gov or 

blane.workie@dot.gov (e-mail). TTY 

users may reach both individuals via the 

Federal Relay Service toll-free at 800– 

877–8339. Arrangements to receive this 

notice in an alternative format may also 

be made by contacting the above named 

individuals. 

SUPPLEMENTARY INFORMATION:

I. Background 

The Department of Transportation 

published the final Air Carrier Access 

Act rule, Nondiscrimination on the 

Basis of Disability in Air Travel (Part 

382), in the Federal Register on May 13, 

2008, (73 FR 27614), applying it to 

foreign carriers, adding new provisions 

concerning accommodations for 

passengers who use medical oxygen and 

who are deaf or hard-of-hearing, and 

reorganizing the entire rule (FR Doc. 08– 

1228). The final rule, which will 

become effective on May 13, 2009, 

contained some editorial errors, 

inconsistencies, and omissions, which 

this document corrects. We have set 

forth these corrections below. The 

provisions in this correction notice are 

effective as if they had been included in 

the final rule. Accordingly, the 

corrections are effective as of May 13, 

2009. 

II. Summary of the Corrections to the 

Final ACAA Rule 

The Department received inquiries 

about whether carriers should file a 

conflict of law waiver request when the 

conflict of law in question is anticipated 

in the text of Part 382 itself because we 

believed the existence of foreign 

requirements parallel to those of the 

U.S. Federal Aviation Administration 

(FAA) was likely. The question was 

raised specifically in reference to 

section 382.87(a), which prohibits 

seating restrictions for passengers with 

disabilities, except to comply with an 

FAA or applicable foreign government 

safety requirement. We have added 

language on page 27616 of the Federal 

Register indicating the Department’s 

intent that in such instances carriers 

nonetheless should strongly consider 

submitting a conflict of law waiver 

request as outlined in section 382.9(a). 

Of course, as a compliance matter if 

such a conflict exists, the filing of the 

waiver request would not be required to 

avoid enforcement action. On pages 

27618, 27634, 27640, 27648, 27655, we 

have corrected typographical errors to 

the preamble. 

Due to an oversight, food service 

locations were included in the preamble 

discussion of requirements for 

providing passengers with disabilities 

assistance in accessing key functional 

areas in the terminal. Prior to issuing 

the final rule, the Department had 

decided to exclude food service 

locations from the terminal areas to 

which carriers are required to provide 

access. Section 382.91(b) and the 

corresponding analysis on page 27654 of 

the preamble reflect this exclusion as 

the Department intended. We have 

therefore deleted the remaining 

overlooked references to food service 

locations in the preamble discussion on 

page 27621. 

U.S. carriers have submitted inquiries 

about conflicts of law affecting the 

services required by Part 382 that the 

U.S. carrier must ensure on code share 

flights between two foreign points 

operated by their foreign-carrier code 

share partners on behalf of passengers 

traveling under the U.S. carrier’s code. 

In response to these inquiries, the 

Department has added a clarification 

paragraph to the analysis of section 

382.9 on page 27647 of the preamble. 

Prior to issuing the final rule, the 

Department decided to exclude from the 

final rule certain proposed requirements 

in section 382.43 for accommodating 

individuals with visual impairments. 

The Department’s intention was to seek 

further information from the public 

concerning these requirements through 

a Supplemental Notice of Proposed 

Rulemaking (SNPRM). We have deleted 

references to these requirements that 

were inadvertently overlooked in the 

title of section 382.43 on page 27650 

and in the analysis on page 27651 of the 

preamble. We are also deleting a 

reference to these requirements that, 

due to an oversight, remained in the 

section title on page 27666 of the 

published rule. 

We have also revised the title of 

section 382.53 as it appears both on 

page 27652 of the preamble and on page 

27666 to be consistent with the section 

title as it appears in the rule text on page 

27673. 

On page 27653 of the preamble in the 

Section-by-Section Analysis of section 

382.71 we have aligned the language 

describing the accessibility standard for 

replacement or refurbishing of cabin 

features with its counterpart language in 

the rule text on page 27675. 

On page 27655 of the preamble we 

have corrected an erroneous reference to 

the location of the service animal 

guidance in the final rule and have 

added an omitted reference to licensed 

mental health professionals and medical 

doctors specifically treating a 

passenger’s recognized mental or 

emotional disability. 

To clarify the Department’s intent 

concerning documentation that may be 

required as a condition for allowing an 

emotional support or psychiatric service 

animal to travel in the cabin, we have 

added language on page 27659 of the 

Guidance Concerning Service Animals 

stating carriers should also accept 

documentation provided by a medical 

doctor for passengers traveling with an 

emotional support or psychiatric service 

animal. On page 27679 in section 

382.117 of the rule text, we have added 

language indicating that documentation 

for an emotional support or psychiatric 

service animal from a medical doctor 

who is specifically treating the 

passenger’s mental or emotional 

disability is acceptable. On the same 

page, in the same section, we have also 

added language further explaining when 

the factors that preclude the transport of 

a service animal in the aircraft cabin 

may apply. 

For consistency of terminology and to 

avoid any misunderstanding concerning 

which operations of foreign carriers are 

and are not covered by this rule, the 

word ‘‘operation’’ is replaced with the 

word ‘‘flight’’ in section 382.7 of the 

rule text on page 27668, for consistent 

use throughout the section of the 

defined term ‘‘flight’’. 

On page 27673 in section 382.51(c), 

we have clarified the applicability of the 

section’s effective dates with respect to 


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11470 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

foreign carriers. On pages 27669 and 

27674, we have corrected minor 

typographical errors in the rule text. 

On page 27675, in section 382.71(b), 

we have clarified the level of 

accessibility that applies when 

refurbishing aircraft cabins or any 

elements thereof. 

On page 27677 in section 382.99(c) of 

the rule text, we have corrected a 

typographical error in the effective date 

applicable to foreign carriers so that it 

is consistent with the effective date of 

this provision as stated in the Sectionby-Section Analysis on page 27654. 

On page 27682 in section 

382.143(a)(2) of the rule text, we revised 

awkward language addressing the time 

frame for the completion of training on 

the changes to Part 382 for existing 

employees without changing the 

substance of the provision, corrected an 

erroneous reference, and deleted 

superfluous text. On page 27683 in 

section 382.151(a) of the rule text, we 

corrected a typographical error. 

On page 27687, we have added a 

section and a subject that had been 

omitted from the Cross-Reference Table. 

We note that there are two additional 

corrections we have determined to be 

substantive in nature, which we intend 

to address through a notice of proposed 

rulemaking (NPRM). The first involves 

an omission of Subpart I from the 

subparts listed in section 382.7(c). 

Section 382.7(c) contains the servicerelated requirements with which a U.S. 

carrier must comply with respect to 

passengers traveling under its code on 

flights operated by a foreign carrier 

between two foreign points. Subpart I 

(14 CFR 382.121 to 14 CFR 382.133) is 

titled ‘‘Stowage of Wheelchairs, Other 

Mobility Aids, and Other Assistive 

Devices.’’ Among other things, Subpart 

I contains requirements related to the 

in-cabin use of portable oxygen 

concentrators and other respiratory 

assistive devices that will apply for the 

first time to both U.S. and foreign 

carriers. We will provide an opportunity 

for public comment on the inclusion of 

Subpart I, which contains these new 

requirements, in the list of subparts 

with which a U.S. carrier must comply 

with respect to passengers traveling 

under its code on flights operated by a 

foreign carrier between two foreign 

points. 

The second matter that we intend to 

address through an NPRM involves 

inconsistencies in the amended rule 

with respect to requirements concerning 

in-cabin stowage of passenger 

wheelchairs. Because the Department’s 

enforcement policy has in the past 

permitted the use of seat-strapping (i.e., 

strapping a wheelchair across a row of 

seats on aircraft that do not have a closet 

or similar compartment for stowing the 

device), the Department in the amended 

ACAA rule in effect ‘‘grandfathered’’ 

situations in which carriers, in reliance 

on the DOT Enforcement Office’s 

statements, continued to utilize seatstrapping rather than having a closet or 

compartment space for a wheelchair. 

The rule does prohibit the use of seatstrapping beyond a certain date. More 

specifically, section 382.123(c) states 

that carriers must not use the seatstrapping method for wheelchair 

stowage in any aircraft ordered after 

May 13, 2009 or which are delivered 

after May 13, 2011. However, section 

382.67(c) states that a foreign carrier 

must have a priority space in the cabin 

to stow a standard size wheelchair on 

aircraft ordered after May 13, 2009 or 

delivered after May 13, 2010. The 

Department intended to provide one 

year after the effective date of the rule 

(i.e., May 13, 2010) for obtaining new 

aircraft that would have priority space 

in the cabin to stow a standard size 

wheelchair and to allow carriers to use 

the seat-strapping method only on 

aircraft on which this method was 

previously allowed and on aircraft 

ordered on or before May 13, 2009 and 

delivered on or before May 13, 2010. 

The Department erroneously stated that 

carriers may not use the seat-strapping 

method in any aircraft delivered after 

May 13, 2011 instead of stating carriers 

may not use the seat-strapping method 

in any aircraft delivered after May 13, 

2010. Nevertheless, we are not fixing 

this mistake through this correction 

notice since we believe correcting the 

error in the compliance date is 

substantive and would require notice 

and opportunity to comment. We also 

recognize that it often takes up to two 

years after the order date of an aircraft 

for that aircraft to be delivered to a 

carrier. Therefore, U.S. carriers relying 

on the language in 382.123(c) are likely 

not to have requested that the ordered 

aircraft, to be delivered between May 

13, 2010 and May 13, 2011, contain 

priority space in the cabin to stow a 

standard size wheelchair. 

To ensure that the changes to the 

preamble and final rule outlined in this 

correction notice are readily accessible 

and easily understandable to the public, 

it is the Department’s intention to place 

in the docket and post on the Aviation 

Consumer Protection Web site a version 

of the complete final rule incorporating 

all the changes described herein within 

2 to 4 weeks. This consolidated version 

will be available at http:// 

airconsumer.dot.gov/rules/rules.htm. 

III. Waiver of Proposed Rulemaking 

Pursuant to section 553(b) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)), the Department can 

waive prior notice and opportunity for 

public comment on this action if it finds 

that the notice and comment procedure 

is impracticable, unnecessary, or 

contrary to the public interest, and 

incorporates a statement of the finding 

and the reasons therefore in the notice. 

The revisions contained in this 

document correct typographical errors, 

omissions, and unclear language in the 

final rule. Minor editorial corrections 

and clarifications consistent with the 

rule text have also been added to the 

preamble. These corrections are 

necessary to ensure the accuracy of the 

final rule. Since all are minor and nonsubstantive, public comments on these 

revisions are unnecessary. Therefore, we 

find good cause to waive the notice and 

comment procedure. 

IV. Correction of Errors and 

Clarifications 

In FR Doc. 08–1228, appearing on 

page 27614 in the Federal Register on 

Tuesday, May 13, 2008, the following 

corrections are made: 

A. Corrections to the Preamble 

1. On page 27614, in the first column, 

correct the footnote so it reads ‘‘The 

dates and citations for these 

amendments are the following: April 3, 

1990, 55 FR 12336; June 11, 1990, 55 FR 

23539; November 1, 1996, 61 FR 56409; 

January 2, 1997, 62 FR 16; March 4, 

1998, 63 FR 10528; March 11, 1998, 63 

FR 11954; August 2, 1999, 64 FR 41781; 

January 5, 2000, 65 FR 352; May 3, 

2001, 66 FR 22107; July 8, 2003, 68 FR 

40488.’’ 

2. On page 27616, in the third 

column, add the sentence, ‘‘We strongly 

encourage carriers, even where a 

provision of Part 382 itself explicitly 

allows an exception in order to comply 

with a foreign law (i.e., section 

382.87(a)), to consider filing a conflict of 

law waiver request as outlined in 

section 382.9(a) whenever a carrier 

believes itself bound by a legal mandate 

that requires something Part 382 

prohibits or prohibits something Part 

382 requires.’’ before the sentence 

starting with the word ‘‘If’’ in the 

eighteenth line. 

3. On page 27618, in the first column, 

in the 13th line, revise the phrase, 

‘‘regulatory provision that was shown’’ 

to read, ‘‘regulatory provision was 

shown’’. 

4. On the same page, in the same 

column, in the 15th line, revise the 

phrase, ‘‘addition, The Department’’ to 

read, ‘‘addition, the Department’’. 


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5. On page 27621, in the second 

column, in the first full paragraph, in 

the 10th and 11th lines, delete the 

phrase, ‘‘or food service location’’. 

6. On the same page, in the same 

column, in the same paragraph, from the 

22nd through the 30th lines, delete the 

last two sentences. 

7. On page 27634, in the third 

column, in the 24th and 25th lines, 

revise the phrase, ‘‘fear that 

Department’’ to read, ‘‘fear that the 

Department’’. 

8. On page 27640, in the first column, 

in the 34th line, add a comma and 

delete the period following the acronym 

‘‘NPRM’’. 

9. On page 27647, in the second 

column, after the second full paragraph, 

insert the following new paragraph: 

‘‘Finally, the Department recognizes that 

a U.S. carrier may wish to file a waiver 

request on behalf of a foreign carrier. 

This may occur, for example, in the case 

of U.S. carriers who must ensure 

compliance with the service-related 

provisions of this Part on code share 

flights between two foreign points 

operated by their foreign code share 

partners on behalf of passengers 

traveling under the U.S. carriers’ codes. 

Where a U.S. carrier believes a foreign 

law conflicts with a service-related 

provision of this Part and bars 

compliance on a code-share flight 

operated by its foreign code share 

partner, the U.S. carrier may file a 

waiver request on behalf of its foreign 

code-share partner(s) subject to that law. 

The waiver request should include a 

proposal for an alternative means of 

compliance with the Part 382 provision 

or a justification of why it would be 

impossible to achieve the objective. If 

granted, the responsibility of the U.S. 

carrier with respect to code-share flights 

operated by its foreign partner(s) will be 

limited in accordance with the terms of 

the waiver.’’ 

10. On page 27648, in the third 

column, in the 37th line, revise the 

phrase ‘‘users and, people traveling’’ to 

read, ‘‘users and people traveling’’. 

11. On page 27650, in the third 

column, in the 16th line, correct the title 

of section 382.43 to read, ‘‘Must 

information and reservation services of 

carriers be accessible to individuals with 

hearing impairments?’’ 

12. On the same page, in the third 

column, starting in the 63rd line, delete 

the entire paragraph beginning at the 

bottom of the column and continuing on 

page 27651, in the first column, from 

the 1st through the 7th line. 

13. On page 27652, in the first 

column, in the 1st to 3rd lines, correct 

the title of section 382.53 to read, ‘‘What 

information must carriers give 

individuals with a vision or hearing 

impairment at airports?’’ 

14. On page 27653, in the third 

column, in the 14th line, insert the 

phrase, ‘‘to a level below that specified 

for new aircraft in this Part’’ 

immediately before the period. 

15. On page 27655, in the first 

column, in the 32nd to 34th lines, delete 

the sentence, ‘‘Appendix A provides 

further guidance to carriers and 

passengers concerning service 

animals.’’, and replace with ‘‘Further 

guidance to carriers and passengers 

concerning service animals follows the 

Section-by-Section Analysis.’’ 

16. On the same page, in the second 

column, in the 13th line, revise the 

phrase, ‘‘mental health professional’’ to 

read, ‘‘licensed mental health 

professional (e.g., a medical doctor that 

is treating the passenger’s mental or 

emotional disability or a licensed 

clinical social worker)’’. 

B. Corrections to the Service Animal 

Guidance 

On page 27659, in the second column, 

in the 32nd line, revise the phrase 

‘‘licensed mental health professional’’ to 

read ‘‘licensed mental health 

professional, including a medical doctor 

that is treating the passenger’s mental or 

emotional disability’’. 

C. Corrections to the Regulatory Text 

PART 382—[CORRECTED] 

■ 1. On page 27666, in the first column, 

in the Table of Contents to Part 382, , 

revise the title of § 382.43 to read, ‘‘Must 

information and reservation services of 

carriers be accessible to individuals 

with hearing impairments?’’ 

■ 2. On the same page, in the same 

column, revise the title of § 382.53 to 

read, ‘‘What information must carriers 

give individuals with a vision or hearing 

impairment at airports?’’ 

§ 382.7 [Corrected] 

■ 3. On page 27668, in the first column, 

in § 382.7, in paragraph (c), the phrase 

‘‘with respect to operations’’ is corrected 

to read, ‘‘with respect to flights’’ 

wherever it may appear. 

■ 4. On the same page, in the same 

section, in the same paragraph, in the 

9th line, the phrase ‘‘with respect to 

operations’’ is corrected to read, ‘‘with 

respect to flights’’. 

■ 5. On the same page, in the second 

column, in the same section, in 

paragraph (d), in the 5th and 6th lines, 

the phrase ‘‘the charter operation is not’’ 

is corrected to read: ‘‘the charter flight 

is not’’. 

§ 382.17 [Corrected] 

■ 6. On page 27669, in the third column, 

in § 382.17, in the 4th line, change 

‘‘§ 382.27(b)(6)’’ to ‘‘§ 382.27(c)(6)’’. 

§ 382.27 [Corrected] 

■ 7. On page 27671, in the first column, 

§ 382.27, in paragraph (a), in the 1st and 

2nd lines, remove the phrase 

‘‘paragraph (b)’’ and add in its place the 

phrase ‘‘paragraphs (b) and (c)’’. 

§ 382.43 [Corrected] 

■ 8. On page 27672, in the third column, 

in the 36th line, correct the title of 

§ 382.43 to read ‘‘Must information and 

reservation services of carriers be 

accessible to individuals with hearing 

impairments?’’ 

§ 382.51 [Corrected] 

■ 9. On page 27673, in the third column, 

§ 382.51, in paragraph (c), in the 3rd 

line, insert the phrase, ‘‘, except as 

otherwise indicated in paragraph (a)’’ 

after the word ‘‘2010’’. 

§ 382.55 [Corrected] 

■ 10. On page 27674, in the first 

column, in § 382.55, in paragraph (c), in 

the 2nd line, change ‘‘(c)’’ to ‘‘(d)’’. 

§ 382.71 [Corrected] 

■ 11. On page 27675, in the third 

column, in § 382.71, in paragraph (b), in 

the fifth line, insert the phrase ‘‘for new 

aircraft’’ immediately following the 

word ‘‘specified’’. 

§ 382.99 [Corrected] 

■ 12. On page 27677, in the third 

column, in § 382.99, in paragraph (c), in 

the 6th and 7th lines, remove the phrase 

‘‘May 13, 2010’’ and add in its place the 

phrase ‘‘May 13, 2011’’. 

§ 382.117 [Corrected] 

■ 13. On page 27679, in the first 

column, in § 382.117, in paragraph (e), 

in the 13th line, insert the phrase, 

‘‘including a medical doctor specifically 

treating the passenger’s mental or 

emotional disability’’ immediately 

before the parenthesis. 

■ 14. On the same page, in the same 

column, in the same section, in 

paragraph (f), in the 5th and 6th lines, 

replace the phrase ‘‘With respect to 

other unusual or exotic animals’’ with 

the phrase ‘‘With respect to all other 

animals, including unusual or exotic 

animals’’ and in the 9th line, delete the 

abbreviation ‘‘U.S.’’ before the word 

‘‘carrier’’. 

■ 15. On the same page, in the second 

column, in § 382.117, in paragraph (f), 

in the 12th line, remove the word ‘‘As’’ 

and add in its place ‘‘However, as’’. 


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11472 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

§ 382.143 [Corrected] 

■ 16. On page 27682, in the third 

column, in § 382.143, in paragraph 

(a)(2), in the 3rd line, insert the phrase 

‘‘for each such employee no later than’’ 

after the phrase ‘‘must take place’’. 

■ 17. On the same page, in the same 

column, in the same section, in the 

same paragraph, in the 3rd and 4th 

lines, remove the phrase ‘‘as part of’’. 

■ 18. On the same page, in the same 

column, in the same section, in the 

same paragraph, in the 5th line, insert 

the phrase ‘‘taking place’’ before the 

word ‘‘after’’. 

■ 19. On the same page, in the same 

column, in the same section, in the 

same paragraph, in the 5th and 6th 

lines, delete the phrase ‘‘for each such 

employee’’. 

■ 20. On the same page, in the same 

column, in the same section, in 

paragraph (b), in the 4th and 5th lines, 

remove the phrase, ‘‘paragraph (a) of 

this section’’ and replace it with 

‘‘§ 382.141(a)’’. 

■ 21. On the same page, in the same 

column, in the same section, in 

paragraph (b)(4), in the 3rd line remove 

the phrase ‘‘a date’’. 

§ 382.151 [Corrected] 

■ 22. On page 27683, in the first 

column, in § 382.151, in paragraph (a), 

in the 2nd line, remove the comma after 

‘‘service’’. 

D. Corrections to Appendix B: CrossReference Table 

■ 23. On page 27687, in the second 

column, in the Section Numbers: Old 

and New Rules Table, in the 21st line, 

insert ‘‘95, ‘‘ immediately before ‘‘99’’. 

■ 24. On the same page, in the third 

column, in the same table, in the 22nd 

line, insert ‘‘, POCs and other 

respiratory assistive devices’’ 

immediately before the period. 

Dated March 9, 2009, at Washington, DC, 

under authority delegated in 49 CFR 1.57(j). 

Rosalind A. Knapp, 

Acting General Counsel. 

[FR Doc. E9–5606 Filed 3–17–09; 8:45 am] 

BILLING CODE 4910–9X–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 090223225–9275–01] 

RIN 0694–AE57 

Removal and Modification of Certain 

Entries From the Entity List: Persons 

Removed or Modified Based on ERC 

Annual Review 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) by 

removing two persons from the Entity 

List (Supplement No. 4 to Part 744). 

These persons are being removed from 

the Entity List because of 

determinations made by the United 

States Government during the annual 

review of the Entity List conducted by 

the End-User Review Committee (ERC). 

This rule also makes a clarification for 

two persons that were listed on the 

Entity List prior to this rule being 

published to revise the addresses 

provided for these listed persons or add 

an address. These two listed persons 

were listed under addresses in more 

than one country. This rule removes one 

of the addresses for each of these 

entities. 

The Entity List provides notice to the 

public that certain exports and reexports 

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: Effective Date: This rule is 

effective March 18, 2009. Although 

there is no formal comment period, 

public comments on this regulation are 

welcome on a continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE57, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov. 

Include ‘‘RIN 0694–AE57’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: 

Timothy Mooney, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AE57. 

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 e-mail to 

Jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230. 

Comments on this collection of 

information should be submitted 

separately from comments on the final 

rule (i.e. RIN 0694–AE57)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, End-User Review 

Committee, Office of the Assistant 

Secretary, Export Administration, 

Bureau of Industry and Security, 

Department of Commerce, Phone: (202) 

482–3811, Fax: (202) 482–3911, e-mail: 

kniesv@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In Supplement No. 4 to part 744 (The 

Entity List) of the EAR, this rule 

removes two listed persons and 

modifies the entries for two listed 

persons on the basis of an annual review 

of the Entity List that was conducted by 

the End-User Review Committee (ERC). 

The modifications of the entries of two 

of the listed entries include the removal 

of their addresses under the United 

Arab Emirates (U.A.E.) and deletion of 

cross-references to the U.A.E. entries for 

these listed persons’ entries under 

Germany and Hong Kong. The ERC 

approved these modifications pursuant 

to an annual review of the Entity List, 

which was conducted in accordance 

with the procedures outlined in 

Supplement No. 5 to part 744 

(Procedures for End-User Review 

Committee Entity List Decisions). 

ERC Entity List Decisions 

The ERC, composed of representatives 

of the Departments of Commerce, State, 

Defense, Energy and, where appropriate, 

the Treasury, makes all decisions 

regarding additions to, removals from or 

changes to the Entity List. The ERC is 

chaired by the Department of Commerce 

and 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. As noted in 

the preamble of the August 2008 final 

rule and in Supplement No. 5 to part 

744, the activities of the ERC include 

conducting an annual review of the 

Entity List to make a determination 


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