33116 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

principal inspector or local Flight Standards 

District Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (j) of this 

AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Seattle ACO Branch, FAA, to make 

those findings. To be approved, the repair 

method, modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(4) AMOCs approved previously for AD 

2016–25–29 are approved as AMOCs for the 

corresponding provisions of Boeing Special 

Attention Service Bulletin 767–25–0550, 

Revision 1, dated December 4, 2019, that are 

required by paragraph (g) of this AD. 

(5) For service information that contains 

steps that are labeled as Required for 

Compliance (RC), the provisions of 

paragraphs (i)(5)(i) and (ii) of this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(j) Related Information 

For more information about this AD, 

contact Julie Linn, Aerospace Engineer, 

Cabin Safety and Environmental Systems 

Section, FAA, Seattle ACO Branch, 2200 

South 216th St., Des Moines, WA 98198; 

phone and fax: 206–231–3584; email: 

Julie.Linn@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Special Attention Service 

Bulletin 767–25–0550, Revision 1, dated 

December 4, 2019. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; internet https://

www.myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: https:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on June 3, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–13097 Filed 6–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1028; Project 

Identifier AD–2020–00978–T; Amendment 

39–21599; AD 2021–12–12] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model 717–200 

airplanes. This AD was prompted by a 

report of discrepant spoiler assemblies, 

which have the wrong splice bar 

installed and lack reinforcing doublers, 

and by reports that some splice bars 

were shipped for installation on Model 

717–200 airplanes, although they were 

not eligible for installation on Model 

717–200 airplanes and were identified 

incorrectly with the Model 717–200 

splice bar part number. This AD 

requires a one-time inspection of the 

left- and right-wing inboard and 

outboard spoiler assemblies, for the 

correct configuration of the splice bar 

and doublers, and repair or replacement 

if necessary. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective July 29, 

2021. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of July 29, 2021. 

ADDRESSES: For service information 

identified in this final rule, contact 

Boeing Commercial Airplanes, 

Attention: Contractual & Data Services 

(C&DS), 2600 Westminster Blvd., MC 

110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; internet 

https://www.myboeingfleet.com. You 

may view this service information at the 

FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 

216th St., Des Moines, WA. For 

information on the availability of this 

material at the FAA, call 206–231–3195. 

It is also available at https://

www.regulations.gov by searching for 

and locating Docket No. FAA–2020– 

1028. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1028; or in person at Docket 

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

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The address for 

Docket Operations is U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Mohit Garg, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles 

ACO Branch, 3960 Paramount 

Boulevard, Lakewood, CA 90712–4137; 

phone: 562–627–5264; fax: 562–627– 

5210; email: mohit.garg@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all The Boeing Company Model 

717–200 airplanes. The NPRM 

published in the Federal Register on 

December 29, 2020 (85 FR 85559). The 

NPRM was prompted by a report of 

discrepant spoiler assemblies, which 

have the wrong splice bar installed and 

lack reinforcing doublers, and by reports 

that some splice bars were shipped for 

installation on Model 717–200 

airplanes, although they were not 

eligible for installation on Model 717– 

200 airplanes and were identified 

incorrectly with the Model 717–200 

splice bar part number. In the NPRM, 

the FAA proposed to require a one-time 

inspection of the left- and right-wing 

inboard and outboard spoiler assemblies 

for the correct splice bar and doublers 


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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33117 

configuration, and repair if necessary. 

The FAA is issuing this AD to address 

splice bars which are not structurally 

adequate, which can lead to failure of 

the splice bar to keep the spoiler drive 

link engaged, and could result in spoiler 

float and consequent reduced 

controllability of the airplane. 

Discussion of Final Airworthiness 

Directive 

Comments 

The FAA received comments from 

The Air Line Pilots Association, 

International (ALPA) and Boeing, who 

supported the NPRM without change. 

The FAA received comments from 

two additional commenters, Delta Air 

Lines (Delta) and Hawaiian Airlines. 

The following presents the comments 

received on the NPRM and the FAA’s 

response to each comment. 

Request To Revise Compliance Time 

Delta asked that the compliance time 

of the proposed AD be changed to 27 

months of ‘‘flying days’’ instead of 

calendar days. Delta stated that 

paragraph (g) of the proposed AD states, 

in part, ‘‘At the applicable times 

specified in the ‘‘Compliance’’ 

paragraph of Boeing Alert Requirements 

Bulletin 717–57A0027 RB, dated June 

26, 2020.’’ Delta noted that Paragraph 

1.E., Compliance, of the referenced 

service information requires a general 

visual inspection for the correct splice 

bar and doubler configuration within 

6,400 flight hours or 27 months. Delta 

added that because of the Covid-19 

pandemic airlines have a large quantity 

of aircraft in storage, so changing to 

flight time would not affect the unsafe 

condition. 

The FAA does not agree with the 

commenter’s request. In developing an 

appropriate compliance time for this 

action, the FAA considered the degree 

of urgency associated with addressing 

the subject unsafe condition, the 

manufacturer’s recommendation for an 

appropriate compliance time, and the 

practical aspect of accomplishing the 

required inspection within a period of 

time that corresponds to the normal 

scheduled maintenance for most 

affected operators. In addition, the FAA 

notes that some Model 717–200 

airplanes may have been in service 

during the pandemic and must comply 

within the required compliance time. 

Operators do have the option to inspect 

the airplane before the first flight 

following storage if the airplane is in 

storage for more than 27 months. 

However, under the provisions of 

paragraph (k) of this AD, the FAA will 

consider requests for approval of an 

extension of the compliance time if 

sufficient data are submitted to 

substantiate that the new compliance 

time would provide an acceptable level 

of safety. 

Requests To Allow Alternative Methods 

for Corrective Action 

Hawaiian Airlines asked that 

paragraph (h)(2) of the proposed AD, 

which requires obtaining approval of an 

alternative method of compliance 

(AMOC) for repair of any discrepant 

spoiler, be changed to add another 

method: Removal and replacement of 

the discrepant spoiler with a serviceable 

spoiler that has the correct splice bar 

and doublers using the procedure 

specified in the Model 717 airplane 

maintenance manual (AMM), Chapter 

27–60–01. Hawaiian Airlines stated that 

this would alleviate further out-ofservice time of the aircraft, and the 

discrepant spoiler can be repaired offwing. 

The FAA agrees with the commenter’s 

request. The FAA has added paragraphs 

(h)(2)(i) and (ii) of this AD to specify 

that either repair using a method 

approved in accordance with the 

procedures specified in paragraph (k) of 

this AD or replacement of any spoiler 

assembly having an incorrect 

configuration with a replacement 

spoiler assembly is acceptable for 

compliance with this AD. The FAA 

notes that a replacement spoiler 

assembly must have a correct 

configuration as specified in Boeing 

Alert Requirements Bulletin 717– 

57A0027 RB, dated June 26, 2020. The 

FAA has also added Note 2 to paragraph 

(h)(2)(ii) to specify that guidance for 

replacement can be found in Model 717 

AMM, Chapter 27–60–01. 

Delta requested the FAA provide an 

approved method to correct the unsafe 

condition by removing and discarding 

any non-blueprint parts and reassembling per original equipment 

manufacturer (OEM) spoiler drawing 

5940974–1/–2/–501/–502. Delta stated 

that the OEM spoiler drawing was 

acceptable for the type certification 

basis for the Model 717–200 airplane 

during assembly of the aircraft. Delta 

added that restoring the spoiler to the 

OEM blueprint would restore the part to 

an approved configuration with the 

unsafe condition removed. 

The FAA disagrees with the 

commenter’s request. An operator 

cannot bring a discrepant spoiler 

assembly back to the OEM correct 

configuration without modifying the 

underlying spoiler structure. Modifying 

the spoiler assembly requires repair 

instructions from the OEM. An operator 

may request an AMOC under the 

provisions of paragraph (k) of this AD. 

Conclusion 

The FAA reviewed the relevant data, 

considered any comments received, and 

determined that air safety requires 

adopting this AD as proposed. Except 

for minor editorial changes, and any 

other changes described previously, this 

AD is adopted as proposed in the 

NPRM. None of the changes will 

increase the economic burden on any 

operator. 

Related Service Information Under 1 

CFR Part 51 

The FAA reviewed Boeing Alert 

Requirements Bulletin 717–57A0027 

RB, dated June 26, 2020. This service 

information describes procedures for a 

one-time general visual inspection of 

the left- and right-wing inboard and 

outboard spoiler assemblies for the 

correct splice bar and doublers 

configuration, and repair. This service 

information is reasonably available 

because the interested parties have 

access to it through their normal course 

of business or by the means identified 

in ADDRESSES. 

Costs of Compliance 

The FAA estimates that this AD 

affects 114 airplanes of U.S. registry. 

The FAA estimates the following costs 

to comply with this AD: 

ESTIMATED COSTS FOR REQUIRED ACTIONS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Inspection .......... 4 work-hours × $85 per hour = $340 ........................................................... $0 $340 $38,760 

The FAA estimates the following 

costs to do any necessary on-condition 

actions that would be required. The 

FAA has no way of determining the 

number of aircraft that might need these 

on-condition actions: 


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33118 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 

ESTIMATED COSTS OF ON-CONDITION ACTIONS

Labor cost Parts cost Cost per product 

Up to 2 work-hour × $85 per hour = Up to $170 per spoiler assembly $5,432 per spoiler assembly ......... Up to $5,602 per spoiler assembly. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

(2) Will not affect intrastate aviation 

in Alaska, and 

(3) Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–12–12 The Boeing Company: 

Amendment 39–21599; Docket No. 

FAA–2020–1028; Project Identifier AD– 

2020–00978–T. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective July 29, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to all The Boeing 

Company Model 717–200 airplanes, 

certificated in any category. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 57, Wings. 

(e) Unsafe Condition 

This AD was prompted by a report of 

discrepant spoiler assemblies, which have 

the wrong splice bar installed and lack 

reinforcing doublers. The FAA is issuing this 

AD to address splice bars which are not 

structurally adequate, which can lead to 

failure of the splice bar to keep the spoiler 

drive link engaged, and could result in 

spoiler float and consequent reduced 

controllability of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified by paragraph (h) of this 

AD: At the applicable times specified in the 

‘‘Compliance’’ paragraph of Boeing Alert 

Requirements Bulletin 717–57A0027 RB, 

dated June 26, 2020, do all applicable actions 

identified in, and in accordance with, the 

Accomplishment Instructions of Boeing Alert 

Requirements Bulletin 717–57A0027 RB, 

dated June 26, 2020. 

Note 1 to paragraph (g): Guidance for 

accomplishing the actions required by this 

AD can be found in Boeing Alert Service 

Bulletin 717–57A0027, dated June 26, 2020, 

which is referred to in Boeing Alert 

Requirements Bulletin 717–57A0027 RB, 

dated June 26, 2020. 

(h) Exceptions to Service Information 

Specifications 

(1) Where Boeing Alert Requirements 

Bulletin 717–57A0027 RB, dated June 26, 

2020, uses the phrase ‘‘the original issue date 

of Requirements Bulletin 717–57A0027 RB,’’ 

this AD requires using ‘‘the effective date of 

this AD.’’ 

(2) Where Boeing Alert Requirements 

Bulletin 717–57A0027 RB, dated June 26, 

2020, specifies contacting Boeing for repair 

instructions: This AD requires doing the 

actions specified in paragraph (h)(2)(i) or (ii) 

of this AD before further flight. 

(i) Repair using a method approved in 

accordance with the procedures specified in 

paragraph (k) of this AD. 

(ii) Replace any spoiler assembly having 

incorrect configuration with a replacement 

spoiler assembly. A replacement spoiler 

assembly must have a correct configuration 

as specified in Boeing Alert Requirements 

Bulletin 717–57A0027 RB, dated June 26, 

2020. 

Note 2 to paragraph (h)(2)(ii): Guidance for 

replacing the spoiler assembly with the 

correct configuration spoiler assembly can be 

found in Model 717 Airplane Maintenance 

Manual (AMM), Chapter 27–60–01. 

(i) Credit for Previous Actions 

This paragraph provides credit for the 

actions specified in paragraph (g) of this AD, 

if those actions were performed before the 

effective date of this AD using Boeing Multi 

Operator Message MOM–MOM–19–0572– 

01B, dated October 16, 2019. 

(j) Parts Installation Limitation 

As of the effective date of this AD, no 

person may install, on any airplane, any 

affected spoiler assembly (a spoiler assembly 

that does not have a splice bar having part 

number 3914588–501 and two doublers 

having part number 5940974–31), unless it 

has been inspected and all applicable 

corrective actions have been done as 

specified in paragraph (g) of this AD. 

(k) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Los Angeles ACO Branch, 

FAA, has the authority to approve AMOCs 

for this AD, if requested using the procedures 

found in 14 CFR 39.19. In accordance with 

14 CFR 39.19, send your request to your 

principal inspector or responsible Flight 

Standards Office, as appropriate. If sending 

information directly to the manager of the 

certification office, send it to the attention of 

the person identified in paragraph (l)(1) of 

this AD. Information may be emailed to: 

9-ANM-LAACO-AMOC-Requests@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 


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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Rules and Regulations 33119 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, Los Angeles ACO Branch, FAA, to 

make those findings. To be approved, the 

repair method, modification deviation, or 

alteration deviation must meet the 

certification basis of the airplane, and the 

approval must specifically refer to this AD. 

(l) Related Information 

(1) For more information about this AD, 

contact Mohit Garg, Aerospace Engineer, 

Airframe Section, FAA, Los Angeles ACO 

Branch, 3960 Paramount Boulevard, 

Lakewood, CA 90712–4137; phone: 562–627– 

5264; fax: 562–627–5210; email: mohit.garg@

faa.gov. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (m)(3) and (4) of this AD. 

(m) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Alert Requirements Bulletin 

717–57A0027 RB, dated June 26, 2020. 

(ii) [Reserved] 

(3) For service information identified in 

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; internet https://

www.myboeingfleet.com. 

(4) You may view this service information 

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

email fedreg.legal@nara.gov, or go to: https:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on June 3, 2021. 

Gaetano A. Sciortino, 

Deputy Director for Strategic Initiatives, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2021–13124 Filed 6–23–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 210617–0134] 

RIN 0694–AI56 

Addition of Certain Entities to the 

Entity List 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Export Administration Regulations 

(EAR) by adding five entities to the 

Entity List. These five entities have been 

determined by the United States 

Government to be acting contrary to the 

foreign policy interests of the United 

States and will be listed on the Entity 

List under the destination of the 

People’s Republic of China (China). 

DATE: This rule is effective June 24, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–5991, Email: ERC@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (supplement no. 4 to 

part 744 of the EAR) identifies entities 

reasonably believed to be involved in, or 

to pose a significant risk of being or 

becoming involved in, activities 

contrary to the national security or 

foreign policy interests of the United 

States. The Export Administration 

Regulations (EAR) (15 CFR parts 730– 

774) impose additional license 

requirements on, and limit the 

availability of most license exceptions 

for, exports, reexports, and transfers (in 

country) to listed entities. The license 

review policy for each listed entity is 

identified in the ‘‘License review 

policy’’ column on the Entity List, and 

the impact on the availability of license 

exceptions is described in the relevant 

Federal Register document adding 

entities to the Entity List. BIS places 

entities on the Entity List pursuant to 

part 744 (Control Policy: End-User and 

End-Use Based) and part 746 

(Embargoes and Other Special Controls) 

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 regarding additions to, 

removals from, or other modifications to 

the Entity List. The ERC makes all 

decisions to add an entry to the Entity 

List by majority vote and makes all 

decisions to remove or modify an entry 

by unanimous vote. 

ERC Entity List Decisions 

Additions to the Entity List 

This rule implements the decision of 

the ERC to add five entities to the Entity 

List. The five entities are being added 

based on § 744.11 (License requirements 

that apply to entities acting contrary to 

the national security or foreign policy 

interests of the United States) of the 

EAR. The five entities are located in 

China. 

The ERC reviewed and applied 

§ 744.11(b) (Criteria for revising the 

Entity List) in making the determination 

to add these five entities to the Entity 

List. Under that paragraph, persons for 

whom there is reasonable cause to 

believe, based on specific and 

articulable facts, that they have been 

involved, are involved, or pose a 

significant risk of being or becoming 

involved in, activities that are contrary 

to the national security or foreign policy 

interests of the United States, along with 

those acting on behalf of such persons, 

may be added to the Entity List. 

Paragraphs (b)(1) through (b)(5) of 

§ 744.11 provide an illustrative list of 

activities that could be contrary to the 

national security or foreign policy 

interests of the United States. 

For each of the five entities described 

below, the ERC made the requisite 

determination under the standard set 

forth in § 744.11(b). Specifically, the 

ERC determined that the subject entities 

are engaging in or enabling activities 

contrary to U.S. foreign policy interests. 

These entities have been implicated in 

human rights violations and abuses in 

the implementation of China’s campaign 

of repression, mass arbitrary detention, 

forced labor and high-technology 

surveillance against Uyghurs, Kazakhs, 

and other members of Muslim minority 

groups in the Xinjiang Uyghur 

Autonomous Region. Specifically, the 

ERC determined that Xinjiang GCL New 

Energy Material Technology, Co. Ltd; 

Xinjiang Daqo New Energy, Co. Ltd; 

Xinjiang East Hope Nonferrous Metals 

Co. Ltd.; Hoshine Silicon Industry 

(Shanshan) Co., Ltd.; and Xinjiang 

Production and Construction Corps are 

engaging in activities contrary to the 

foreign policy interests of the United 

States through participating in the 

practice of, accepting, or utilizing forced 

labor. 


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