This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

100949 

Vol. 89, No. 240 

Friday, December 13, 2024 

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superseded, set aside, or revoked through action 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 June 29, 2022 (87 FR 38704). 

3The December 20, 2022 renewal order was 

published in the Federal Register on December 27, 

2022 (87 FR 79725). 

4The June 15, 2023 renewal order was published 

in the Federal Register on June 21, 2023 (88 FR 

40202). The renewal order was subsequently 

modified on June 27, 2023 and published in the 

Federal Register on June 30, 2023 (88 FR 42290). 

The June 27, 2023 modification made no changes 

to the scope or length of prohibitions against 

Nordwind. 

5The December 11, 2023 renewal order was 

published in the Federal Register on December 14, 

2023 (88 FR 86623). 

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. 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

[DOCKET: RBS–24–NONE–0020] 

Notice of Extension of Application 

Deadline for Biorefinery, Renewable 

Chemical, and Biobased Product 

Manufacturing Assistance Program 

AGENCY: Rural Business-Cooperative 

Service, USDA. 

ACTION: Notice. 

SUMMARY: The Rural BusinessCooperative Service (RBCS, Agency), a 

Rural Development (RD) agency of the 

United States Department of Agriculture 

(USDA) is announcing the extension 

and re-opening of the Biorefinery, 

Renewable Chemical, and Biobased 

Product Manufacturing Assistance 

Program (9003 Program) loan guarantee 

application deadline through December 

31, 2024 at 4:30 p.m. Eastern Time (ET). 

DATES: Complete applications must be 

submitted by December 31, 2024, at 4:30 

p.m. ET. 

ADDRESSES: Questions on 9003 Program 

may be directed to the Rural BusinessCooperative Service, U.S. Department of 

Agriculture, 1400 Independence Avenue 

SW, Stop 3225, Washington, DC 20250– 

3201; telephone (202) 205–2421 or 

email EnergyPrograms@rd.usda.gov. 

FOR FURTHER INFORMATION CONTACT: 

James Campbell; telephone: (202) 205– 

2421; or by email: james.campbell3@

usda.gov. Program information may be 

made available in languages other than 

English. 

SUPPLEMENTARY INFORMATION: 

Background 

The 9003 Biorefinery, Renewable 

Chemical, and Biobased Product 

Manufacturing Assistance Program 

provides loan guarantees up to $250 

million to assist in the development, 

construction, and retrofitting of new and 

emerging technologies. 

Unless otherwise specified by the 

Agency in a notice published in the 

Federal Register, application deadlines 

are typically October 1 and April 1 of 

each year. If the application deadline 

falls on a weekend or an observed 

holiday, the deadline will be the next 

federal business day. As provided for in 

7 CFR 4279.260(b), RBCS, by this notice, 

is specifying a new application 

deadline. 

With this notice, RBCS is re-opening 

the October 1 deadline and extending it 

until 4:30 p.m. ET on December 31, 

2024. 

Additionally, the Lender or the 

Borrower generally must submit to the 

Agency a non-binding letter of intent to 

apply for loan guarantee not less than 30 

calendar days prior to the application 

deadline. However, RBCS, at its 

discretion, may accept applications that 

do not submit a letter of intent as 

provided for in 7 CFR 4279.260(a)(1). 

Kathryn E. Dirksen Londrigan, 

Administrator, Rural Business-Cooperative 

Service. 

[FR Doc. 2024–29361 Filed 12–12–24; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Renewing Temporary Denial of 

Export Privileges; Nordwind Airlines, 

Leningradskaya Str., Building 25, 

Office 27. 28, Moscow Region, Khimki 

City, 141402, Russia 

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 December 11, 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 

Nordwind Airlines (‘‘Nordwind’’) has 

engaged in a pattern of repeated, 

ongoing and/or continuous apparent 

violations of the EAR. 

I. Procedural History 

On June 24, 2022, I signed an order 

denying Nordwind 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 December 20, 

2022,3 June 15, 2023 4 and December 11, 

2023 5 in accordance with Section 

766.24(d) of the Regulations.6

On November 14, 2024, BIS, through 

OEE, submitted a written request for a 

fourth renewal of the TDO. 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 Nordwind by 

alternative means in accordance with 


khammond on DSK9W7S144PROD with NOTICES
100950 Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices 

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). 

10Publicly available flight tracking information 

shows, for example, that on March 7, 2022, serial 

number (‘‘SN’’) 40874 flew from Yerevan, Armenia 

to Kazan, Russia; SN 40233 flew from Istanbul, 

Turkey to Kazan, Russia; and SN 40236 flew from 

Sharm el-Sheikh, Egypt 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 December 3, 2022, SN 42059 flew 

from Sharm el-Sheikh, Egypt to Orenberg, Russia 

and on December 2, 2022, SN 40874 flew from 

Hurghada, Egypt to Moscow, Russia. In addition, on 

November 29, 2022, SN 35700 flew from Bokhtar, 

Tajikistan to Moscow, Russia. 

13Publicly available flight tracking information 

shows that SN 35700 flew from Bokhtar, Tajikistan 

to Orsk, Russia on June 2, 2023. Additionally, SN 

40874 flew from Tehran, Iran to Moscow, Russia on 

May 16, 2023 and SN 42233 flew from Osh, 

Kyrgyzstan to Tyumen, Russia on June 10, 2023. 

14Publicly available flight tracking information 

shows that SN 35700 flew from Khujand, Tajikistan 

to Kazan, Russia on December 6, 2023. In addition, 

SN 40874 flew from Dushanbe, Tajikistan to Kazan, 

Russia on November 26, 2023. On November 4, 

2023 SN 40233 flew from Osh, Kyrgyzstan to 

Tyumen, Russia. 

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 

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 TDO and 

the renewal orders subsequently issued 

in this matter on December 20, 2022, 

June 15, 2023, and December 11, 2023, 

as well as other evidence developed 

during this investigation. This evidence 

demonstrates that Nordwind 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 June 24, 2022, was 

based on evidence that Nordwind 

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, Yerevan, Armenia, Istanbul, Turkey, 

and Sharm el-Sheikh, Egypt, without 

the required BIS authorization.10

Further evidence indicated that 

Nordwind also operated aircraft subject 

to the EAR on domestic flights within 

Russia, potentially in violation of 

Section 736.2(b)(10) of the Regulations. 

As discussed in the prior renewal 

orders, BIS presented evidence 

indicating that, after the initial TDO 

issued, Nordwind 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

The December 20, 2022 renewal order 

detailed flights into and out of Russia 

from/to Sharm el-Sheikh, Egypt and 

Bokhtar, Tajikistan.12 The June 15, 2023 

order documented a similar pattern of 

prohibited conduct including a flight 

from Tehran, Iran to Moscow, Russia.13

Similarly, the December 11, 2023 order 

detailed flights into and out of Russia 

from/to Khujand, Tajikistan, Dushanbe, 

Tajikistan, and Osh, Kyrgyzstan.14

Since that time, Nordwind has 

continued to engage in conduct 

prohibited by the applicable TDO and 

Regulations. In its November 14, 2024 

request for renewal of the TDO, BIS 

submitted evidence that Nordwind 

continues to operate aircraft subject to 

the EAR and classified under ECCN 

9A991.b, both on flights into and within 

Russia, in violation of the December 11, 

2023 renewal order and/or the 

Regulations. Specifically, BIS’s evidence 

and related investigation demonstrates 

that Nordwind continues to operate 

aircraft subject to the EAR, including, 

but not limited to, on flights into and 

out of Russia from/to Bishkek, 


khammond on DSK9W7S144PROD with NOTICES
Federal Register / Vol. 89, No. 240 / Friday, December 13, 2024 / Notices 100951 

Kyrgyzstan, Bokhtar, Tajikistan, and 

Khujand, Tajikistan. Information about 

those flights includes, but is not limited 

to, the following: 

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

RA–73313 ......... 35700 737–82R (B738) ........................ Bokhtar, TJ/Moscow, RU ..................................... November 19, 2024. 

RA–73313 ......... 35700 737–82R (B738) ........................ Moscow, RU/Kazan, RU ...................................... November 6, 2024. 

RA–73313 ......... 35700 737–82R (B738) ........................ Bishkek, KG/Kazan, RU ...................................... October 27, 2024. 

RA–73313 ......... 35700 737–82R (B738) ........................ Khujand, TJ/Ufa, RU ........................................... October 25, 2024. 

RA–73313 ......... 35700 737–82R (B738) ........................ Dushanbe, TJ/Kazan, RU .................................... October 16, 2024. 

RA–73317 ......... 40874 737–82R (B738) ........................ Bokhtar, TJ/Moscow, RU ..................................... November 21, 2024. 

RA–73317 ......... 40874 737–82R (B738) ........................ Bokhtar, TJ/Moscow, RU ..................................... November 5, 2024. 

RA–73317 ......... 40874 737–82R (B738) ........................ Moscow, RU/Orenburg, RU ................................. November 4, 2024. 

RA–73317 ......... 40874 737–82R (B738) ........................ Bokhtar, TJ/Orsk, RU .......................................... November 2, 2024. 

RA–73317 ......... 40874 737–82R (B738) ........................ Dushanbe, TJ/Ufa, RU ........................................ October 23, 2024. 

RA–73314 ......... 40233 737–8KN (B738) ........................ Osh, KG/Tyumen, RU ......................................... November 20, 2024. 

RA–73314 ......... 40233 737–8KN (B738) ........................ Khujand, TJ/Kazan, RU ....................................... October 31, 2024. 

RA–73314 ......... 40233 737–8KN (B738) ........................ Dushanbe, TJ/Kazan, RU .................................... October 29, 2024. 

RA–73314 ......... 40233 737–8KN (B738) ........................ Dushanbe, TJ/Kazan, RU .................................... October 26, 2024. 

RA–73314 ......... 40233 737–8KN (B738) ........................ Bokhtar, TJ/Orsk, RU .......................................... October 17, 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 Nordwind 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 

Nordwind 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 Nordwind, 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, Nordwind Airlines, 

Leningradskaya str., building 25, office 

27. 28m, Moscow region, Khimki city, 

141402, Russia, when acting for or on 

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 Nordwind 

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 

Nordwind 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 Nordwind 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 Nordwind 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 Nordwind 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 Nordwind, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Nordwind 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 Nordwind 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, 

Nordwind may, at any time, appeal this 


khammond on DSK9W7S144PROD with NOTICES
100952 Federal Register / Vol. 89, No. 240 / Friday, December 13, 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. section 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 June 29, 2022 (87 FR 38709). 

3The December 20, 2022 renewal order was 

published in the Federal Register on December 23, 

2022 (87 FR. 78921). 

4The June 15, 2023 renewal order was published 

in the Federal Register on June 21, 2023 (88 FR 

40205). 

5The December 11, 2023 renewal order was 

published in the Federal Register on December 14, 

2023 (88 FR 86626). 

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 

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 Nordwind 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 Nordwind, 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. 2024–29186 Filed 12–12–24; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Order Renewing Temporary Denial of 

Export Privileges: Siberian Airlines 

d/b/a S7 Airlines 

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 December 11, 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 

Siberian Airlines d/b/a S7 Airlines 

(‘‘Siberian’’) has engaged in a pattern of 

repeated, ongoing and/or continuous 

apparent violations of the EAR. 

I. Procedural History 

On June 24, 2022, I signed an order 

denying Siberian 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 December 20, 

2022,3 June 15, 2023 4 and December 11, 

2023 5 in accordance with Section 

766.24(d) of the Regulations.6

On November 14, 2024, BIS, through 

OEE, submitted a written request for a 

fourth renewal of the TDO. 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 Siberian 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 


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