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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Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 11473 

whether any removals or modifications 

should be made. 

Pursuant to Supplement No. 5 to Part 

744, the ERC determined that the 

following Entity List entries should be 

removed or revised, for the reasons 

provided below. This rule implements 

these decisions. In total, this rule 

removes four entries from the Entity 

List, including two entries for persons 

that had been listed on the Entity List 

as persons with addresses in multiple 

countries prior to publication of this 

rule, and modifies two entries, 

including removing cross-references for 

the two entities that had previously 

been listed with addresses in multiple 

countries. 

Removals Based Upon ERC Annual 

Review 

The two persons being removed from 

the Entity List with this rule are 

removed on the basis of the results of 

the annual review of the Entity List that 

was conducted by the ERC in 

accordance with the procedures 

outlined in Supplement No. 5 to Part 

744. These two entities are both located 

in the United Arab Emirates: 

United Arab Emirates 

(1) Bazaar Trading Co., No. 212 

Baniyas Tower, Dubai, U.A.E. 6708; and 

(2) Elmstone Trading L.L.C., P.O. Box 

24896, Sharjah, U.A.E. 

As outlined in Supplement No. 5 to 

part 744, the ERC conducts a systematic 

review of the Entity List. Based upon 

the results of that annual review, the 

ERC made a determination that these 

two persons, described above, should be 

removed from the Entity List. The ERC 

decision to recommend removal of these 

persons also took into account recent 

cooperation between the U.S. 

Government and the U.A.E. Government 

regarding certain end-users of concern. 

This final rule implements the decision 

to remove these two U.A.E. persons 

from the Entity List. 

Reminder To Consider Other End-Use/ 

End-User Controls 

The removal of these two persons 

from the Entity List (from the U.A.E, as 

described above—based upon the ERC 

Annual Review) eliminates the existing 

license requirements in Supplement No. 

4 to part 744 for exports and reexports 

to these persons. However, the removal 

of these persons from the Entity List 

does not relieve persons of other 

obligations under part 744 of the EAR or 

under other parts of the EAR. Neither 

the removal of a person from the Entity 

List nor the removal of Entity List-based 

license requirements relieve persons of 

their obligations under General 

Prohibition 5 in § 736.2(b)(5) of the EAR 

which provides that, ‘‘you may not, 

without a license, knowingly export or 

reexport any item subject to the EAR to 

an end-user or end-use that is 

prohibited by part 744 of the EAR.’’ Nor 

do such removals relieve persons of 

their obligation to apply for export or 

reexport licenses required by other 

provisions of the EAR. BIS strongly 

urges the use of Supplement No. 3 to 

part 732 of the EAR, ‘‘BIS’s ‘Know Your 

Customer’ Guidance and Red Flags,’’ 

when persons are involved in 

transactions that are subject to the EAR. 

Modifications Based Upon ERC Annual 

Review 

This rule makes modifications to the 

entries for two listed persons on the 

Entity List. This rule removes additional 

addresses for these persons that had 

been listed on the Entity List as 

alternate addresses for these entities 

prior to publication of this final rule. 

Both of these alternate addresses that 

are removed were addresses in the 

U.A.E. In other words, prior to 

publication of this final rule, these 

listed persons were entities that had two 

entries each on the Entity List to 

account for addresses in two different 

countries. This rule removes the 

addresses in the U.A.E. for these two 

persons, but retains the listing for these 

listed persons on the Entity List under 

Germany and Hong Kong, respectively, 

as follows: 

United Arab Emirates 

(3) Akbar Ashraf Vaghefi, Shop No. 

3–4, Sharafia Ahmed Ali Building, Al 

Nakheel, Deira, Dubai, U.A.E.; (See 

alternate address under Germany); and 

Note that Akbar Ashraf Vaghefi is still 

listed on the Entity List as a German 

entry. The changes in this rule are 

limited to eliminating the alternate 

country address that had been provided 

for this listed person in the U.A.E. 

(4) Antony Emmanuel, No. 3 & 4, 

Sharifia Ahmed Ali Bldg, P.O. Box 

42340, Al Nakheel, Deira, Dubai, U.A.E. 

(See alternate address under Hong 

Kong). 

Note that Antony Emmanuel is still 

listed on the Entity List as a Hong Kong 

entry. The changes in this rule are 

limited to eliminating the alternate 

country address that had been provided 

for this listed person in the U.A.E. 

Based upon the results of the annual 

review, the ERC made a determination 

to remove these two listed persons’ 

entries under the U.A.E, but to retain 

their listings on the Entity List under 

Germany and Hong Kong. The ERC 

decision to recommend removal of these 

persons also took into account recent 

cooperation between the U.S. 

Government and the U.A.E. Government 

regarding certain end-users of concern. 

This rule implements that decision by 

removing the U.A.E. entries for these 

two listed persons and by revising their 

respective entries under Germany and 

Hong Kong, to remove the last sentence 

of the ‘‘Entity’’ column entry that had 

referred persons to ‘‘(See alternate 

address under U.A.E.)’’ for these listed 

persons prior to publication of this rule. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of July 23, 2008, 73 FR 43603 

(July 23, 2008), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor be 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. This regulation 

involves collections previously 

approved by the OMB under control 

numbers 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 58 minutes to prepare 

and submit form BIS–748. 

Miscellaneous and recordkeeping 

activities account for 12 minutes per 

submission. Total burden hours 

associated with the Paperwork 

Reduction Act and Office of 

Management and Budget control 

number 0694–0088 are expected to 

increase slightly as a result of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military or foreign 

affairs function of the United States. 

(See 5 U.S.C. 553(a)(1)). Further, no 

other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this rule. Because a notice of 


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11474 Federal Register / Vol. 74, No. 51 / Wednesday, March 18, 2009 / Rules and Regulations 

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. 

List of Subjects in 15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

■ Accordingly, part 744 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 744—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 744 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008); Notice of November 10, 2008, 

73 FR 67097 (November 12, 2008) 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ (a) By removing under United Arab 

Emirates, these four U.A.E. entities 

‘‘Akbar Ashraf Vaghefi, Shop No. 3–4 

Sharafia Ahmed Ali Building, Al 

Nakheel, Deira, Dubai, U.A.E. (See 

alternate address under Germany)’’; 

‘‘Antony Emmanuel, No. 3 & 4; Sharifia 

Ahmed Ali Bldg, P.O. Box 42340, Al 

Nakheel , Deira, Dubai, U.A.E. (See 

alternate address under Hong Kong)’’; 

‘‘Bazaar Trading Co., No. 212 Baniyas 

Tower, Dubai, U.A.E. 6708’’; and 

‘‘Elmstone Trading L.L.C., P.O. Box 

24896, Sharjah, U.A.E.’’; 

■ (b) By revising under Germany, in 

alphabetical order, one German entity; 

and 

■ (c) By revising under Hong Kong, in 

alphabetical order, one Hong Kong 

entity to read as follows: 

SUPPLEMENT NO. 4 TO PART 7–4—ENTITY LIST

Country Entity License requirement License review 

policy Federal Register Citation 

* * * * * * * 

GERMANY .................. Akbar Ashraf Vaghefi, Koburgerstr 10, D– 

10825, Berlin, Germany.

For all items subject to 

the EAR. (See § 744.11 

of the EAR).

Presumption of 

denial.

73 FR 54504, 9/22/08, 74 

FR [INSERT FR PAGE 

NUMBER] 03/18/09. 

* * * * * * * 

HONG KONG .............. Antony Emmanuel, No: 3 & 4; 12F Commercial VIP Building, 112–116 Canton 

Rd., Tsim Sha Tsui, Hong Kong.

For all items subject to 

the EAR. (See § 744.11 

of the EAR).

Presumption of 

denial.

73 FR 54505, 9/22/08, 74 

FR [INSERT FR PAGE 

NUMBER] 03/18/09. 

* * * * * * * 

Dated: March 13, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–5860 Filed 3–17–09; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 360 

[Docket No.: 0809261282–9117–02] 

RIN 0625–AA82 

Steel Import Monitoring and Analysis 

System 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Final rule. 

SUMMARY: The Department of Commerce 

(the Department) publishes this action 

to make final a rule to extend the Steel 

Import Monitoring and Analysis (SIMA) 

system until March 21, 2013. The 

purpose of the SIMA system is to 

provide statistical data on steel imports 

entering the United States seven weeks 

earlier than it would otherwise be 

available to the public. Aggregate data 

collected from the licenses are made 

available to the public on a weekly basis 

following review by the Department. 

DATES: This final rule is effective March 

18, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

information about the SIMA system, 

please contact Kelly Parkhill (202) 482– 

3791 or Julie Al-Saadawi (202) 482– 

1930. 

SUPPLEMENTARY INFORMATION: 

Background 

The SIMA system has been operating 

under its current authority since March 

21, 2005. Prior to this date, authority for 

steel import licensing and monitoring 

was derived from the Proclamation 7529 

of March 5, 2002, which placed 

temporary tariffs on many steel imports 

and provided the steel industry time to 

restructure. The monitoring system 

outlined in Proclamation 7529 required 

all importers of steel products to obtain 

a license from the Department prior to 

completing their Customs entry 

summary documentation. This provided 

a monitoring tool to ensure that the 

effectiveness of the safeguard was not 

undermined by large quantities of 

imports originating from countries that 

were excluded from the tariffs. 

In Proclamation 7741 of December 4, 

2003 (68 FR 68483), the President 

terminated the steel safeguard measures, 

but directed the Secretary of Commerce 

to continue the monitoring system until 

the earlier of March 21, 2005, or such 

time as the Secretary of Commerce 

established a replacement program. On 

December 9, 2003, the Department 

published a notice stating that the 

system would continue in effect as 

described in Proclamation 7741 until 

March 21, 2005 (68 FR 68594). On 

August 25, 2004, the Department 

published an advanced notice of 

proposed rulemaking soliciting 

comments from the public on whether 

to continue the monitoring system 

beyond March 21, 2005 (69 FR 52211). 

On March 11, 2005, the Department 

published an interim final rule 

responding to the comments received 

from the public and implementing a 

slightly expanded version of SIMA until 

March 21, 2009. That interim final was 


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