29884 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 100311137–0138–01] 

RIN 0694–AE88 

Implementation of Changes from the 

2009 Annual Review of the Entity List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final Rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) to 

implement changes to the Entity List 

(Supplement No. 4 to Part 744) on the 

basis of the 2009 annual review of the 

Entity List conducted by the End-User 

Review Committee. The changes from 

the annual review will be implemented 

in two rules. The first rule published 

today implements the results of the 

annual review for listed entities under 

eleven destinations on the Entity List: 

Canada, Egypt, Germany, Hong Kong, 

Israel, Kuwait, Lebanon, Malaysia, 

South Korea, Singapore, and the United 

Kingdom. 

The second rule will implement the 

results of the annual review for entities 

listed under the remaining seven 

destinations that were included in the 

2009 annual review: China, India, Iran, 

Pakistan, Russia, Syria, and the United 

Arab Emirates. Entities listed under the 

destinations of Armenia, Ireland or 

Taiwan were not included in the 2009 

annual review because they were added 

to the Entity List in 2009 or 2010. 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to entities 

identified on the Entity List require a 

license from the Bureau of Industry and 

Security and that availability of license 

exceptions in such transactions is 

limited. 

DATES: Effective Date: This rule is 

effective May 28, 2010. 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–AE88, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AE88’’ 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–AE88. 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 email to 

Jasmeet_K._Seehra@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–AE88)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Susan Kramer, Acting Chairman, EndUser Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–0117, Fax: (202) 482– 

4145, E-mail: skramer@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List provides notice to the 

public that certain exports, reexports, 

and transfers (in-country) to entities 

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. Entities are placed on the 

Entity List on the basis of certain 

sections of part 744 (Control Policy: 

End-User and End-Use Based) of the 

EAR. 

The End-User Review Committee 

(ERC), composed of representatives of 

the Departments of Commerce (Chair), 

State, Defense, Energy and, where 

appropriate, the Treasury, makes all 

decisions to make additions to, 

removals from and other changes to the 

Entity List. The ERC 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. 

2009 Annual Review of the Entity List 

This rule amends the Export 

Administration Regulations (EAR) to 

implement changes to the Entity List 

(Supplement No. 4 to part 744) on the 

basis of the 2009 annual review of the 

Entity List conducted by the ERC, in 

accordance with the procedures 

outlined in Supplement No. 5 to part 

744 (Procedures for End-User Review 

Committee Entity List Decisions). 

As of January 1, 2009, entities on the 

Entity List were listed under one or 

more of eighteen different destinations. 

The changes from the 2009 annual 

review of the Entity List that were 

approved by the ERC will be 

implemented in two rules. The first rule 

published today implements the results 

of the annual review for listed entities 

under eleven destinations on the Entity 

List: Canada, Egypt, Germany, Hong 

Kong, Israel, Kuwait, Lebanon, 

Malaysia, South Korea, Singapore, and 

the United Kingdom. The second rule 

will implement the results of the annual 

review for entities listed under the 

remaining seven destinations: China, 

India, Iran, Pakistan, Russia, Syria, and 

the United Arab Emirates. Entities listed 

under the destinations of Armenia, 

Ireland or Taiwan were not included in 

the 2009 annual review because they 

were added to the Entity List in 2009 or 

2010. 

ERC Entity List Decisions 

This rule removes one entity from the 

Entity List under Hong Kong. This rule 

also makes two modifications to the 

Entity List: by making a correction to 

the address of one entity listed under 

Egypt, and by making a clarification to 

the license requirement for one entity 

listed under Israel. On the basis of the 

2009 annual review, no additional 

changes will be made to listed entities 

under the following eight destinations: 

Canada, Germany, Kuwait, Lebanon, 

Malaysia, South Korea, Singapore, and 

the United Kingdom. 

Removal From the Entity List 

The entity being removed from the 

Entity List is located in Hong Kong: 

Hong Kong 

(1) Speedy Electronics Ltd., 1206–7, 

12/F New Victory House, Hong Kong. 

The removal of Speedy Electronics 

Ltd. from the Entity List (from Hong 

Kong, as described above) eliminates the 

existing license requirement in 

Supplement No. 4 to part 744 for 

exports, reexports and transfers (incountry) to this entity. However, the 

removal of Speedy Electronics Ltd. 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 an entity 

from the Entity List nor the removal of 

Entity List-based license requirements 

relieves 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 

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Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 29885 

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, reexport or in-country transfer 

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 to the Entity List 

(1) This rule amends one Egyptian 

entry currently on the Entity List by 

adding an additional address for the 

entity listed, as follows: 

Egypt 

H Logic, Behind 14 Mahmoud Sedky 

St., El Ekbal, Alexandria, Egypt; and 11 

Abd El-Hamid Shoman St., Nasser City, 

Cairo. 

A BIS license is required for the 

export, reexport or transfer (in-country) 

of any item subject to the EAR to H 

Logic, including any transaction in 

which this listed entity will act as 

purchaser, intermediate consignee, 

ultimate consignee, or end-user of the 

items. This listing of this entity also 

prohibits the use of license exceptions 

(see part 740 of the EAR) for exports, 

reexports and transfers (in-country) of 

items subject to the EAR involving this 

entity. 

(2) Finally, this rule amends one 

Israeli entry currently on the Entity List 

(i.e., Ben Gurion University) by revising 

the license requirement for the entity 

listed. This change was needed because 

the license requirement for this listed 

entity prior to publication of this rule 

was based on a section of the EAR that 

is no longer in the EAR (i.e., Section 

742.12 (High Performance Computers)). 

This section of the EAR was removed 

and reserved on April 24, 2006 (71 FR 

20876). To conform to the April 2006 

change and to clarify the Entity List 

based license requirement for this listed 

entity, this rule is revising the license 

requirement to indicate the license 

requirement applies to computers above 

the Tier 3 level described in Section 

740.7(d) of License APP (Computers). 

The entity column and the revision to 

the license requirement column for this 

listed entity is, as follows: 

Israel 

Ben Gurion University, Israel. 

License Requirement 

For computers above the Tier 3 level 

described in Section 740.7(d) (i.e., Tier 

3 under APP). 

A BIS license is required for the 

export, reexport or transfer (in-country) 

of any computers above the Tier 3 level 

described in Section 740.7(d) (i.e., Tier 

3 under APP) subject to the EAR to Ben 

Gurion University, including any 

transaction in which this listed entity 

will act as purchaser, intermediate 

consignee, ultimate consignee, or enduser of the items. This listing of this 

entity also prohibits the use of license 

exceptions (see part 740 of the EAR) for 

exports, reexports and transfers (incountry) of these types of computers 

subject to the EAR involving this entity. 

Savings Clause 

Shipments of items removed from 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) as a result of this regulatory 

action that were on dock for loading, on 

lighter, laden aboard an exporting or 

reexporting carrier, or en route aboard a 

carrier to a port of export or reexport, on 

May 28, 2010 pursuant to actual orders 

for export or reexport to a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) so long as they are exported or 

reexported before June 28, 2010. Any 

such items not actually exported or 

reexported before midnight, on June 28, 

2010, require a license in accordance 

with 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 August 13, 2009, 74 FR 41325 

(August 14, 2009), 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 and 

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 

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 August 13, 2009, 74 FR 41325 

(August 14, 2009); Notice of November 6, 

2009, 74 FR 58187 (November 10, 2009). 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ a. By removing under Hong Kong, one 

Hong Kong entity ‘‘Speedy Electronics 

Ltd., 1206–7, 12/F New Victory House, 

Hong Kong’’; 

■ b. By revising under Egypt, in 

alphabetical order, one Egyptian entity; 

and 

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29886 Federal Register / Vol. 75, No. 103 / Friday, May 28, 2010 / Rules and Regulations 

■ c. By revising under Israel, in 

alphabetical order, one Israeli entity; 

The revisions read as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License requirement License review policy Federal Register citation 

*******

EGYPT ............... H Logic, Behind 14 

Mahmoud Sedky St., El 

Ekbal, Alexandria, Egypt; 

and 11 Abd El-Hamid 

Shoman St., Nasser City, 

Cairo.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ........... 73 FR 54504, 9/22/08. 75 FR 

[Insert FR page number 

and 5/28/10. 

* * * * * * * 

ISRAEL .............. Ben Gurion University, Israel For computers above the 

Tier 3 level described in 

Section 740.7(d) (i.e., Tier 

3 under APP)..

Case-by-case basis .............. 62 FR 4910, 2/3/97 65 FR 

12919, 03/10/00. 75 FR 

[Insert FR page number 

and 5/28/10. 

******

Dated: May 21, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–12956 Filed 5–27–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0307] 

RIN 1625–AA08 

Special Local Regulation for Marine 

Events; Temporary Change of Dates 

for Recurring Marine Events in the 

Fifth Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard will 

temporarily change the enforcement 

period of special local regulations for 

recurring marine events in the Fifth 

Coast Guard District. These regulations 

apply to only one recurring marine 

event that conducts various river boat 

races and a parade. Special local 

regulations are necessary to provide for 

the safety of life on navigable waters 

during the event. This action is 

intended to restrict vessel traffic in 

portions of the Southern Branch, 

Elizabeth River, VA during the event. 

DATES: This rule is effective from June 

11, 2010, through June 13, 2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0307 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0307 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are also available for inspection or 

copying at the Docket Management 

Facility (M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail LT Tiffany Duffy, 

Project Manager, Sector Hampton 

Roads, Waterways Management 

Division, Coast Guard; telephone 757– 

668–5580, email 

Tiffany.A.Duffy@uscg.mil. If you have 

questions on viewing or submitting 

material to the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

delaying the effective date would be 

contrary to the public interest since 

immediate action is needed to ensure 

the public’s safety during the 34th 

Annual Norfolk Harborfest Celebration. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date 

would be contrary to the public interest 

since immediate action is needed to 

ensure the public’s safety during 34th 

Annual Norfolk Harborfest Celebration. 

Basis and Purpose 

Marine events are frequently held on 

the navigable waters within the 

boundary of the Fifth Coast Guard 

District. The on water activities that 

typically comprise marine events 

include sailing regattas, power boat 

races, swim races and holiday boat 

parades. For a description of the 

geographical area of each Coast Guard 

Sector—Captain of the Port Zone, please 

see 33 CFR 3.25. 

This regulation temporarily changes 

the enforcement period of special local 

regulations for recurring marine events 

within the Fifth Coast Guard District. 

This regulation applies to one marine 

event in 33 CFR 100.501, Table to 

§ 100.501. 

On June 11, 12, and 13, 2010, Norfolk 

Festevents Ltd. will sponsor the ‘‘34th 

Annual Norfolk Harborfest Celebration’’ 

on the waters of the Southern Branch of 

the Elizabeth River near Norfolk, 

Virginia. The regulation at 33 CFR 

100.501 is effective annually for this 

marine event. The event will consist of 

several boat races and parades on the 

Southern Branch of the Elizabeth River 

in the vicinity of Town Point Reach, 

Norfolk, Virginia. A fleet of spectator 

vessels is expected to gather near the 

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