24514 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / 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. 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superseded, set aside, or revoked through action 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). 

All RAC meetings are subject to 

cancellation. For status of the meeting 

prior to attendance and information on 

how to connect to the meeting, please 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

ADDRESSES: The meeting is open to the 

public and will be held virtually via 

telephone and/or video conference. 

Virtual meeting participation details can 

be found on the website listed under 

Summary or can be obtained by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. 

Written comments may be submitted 

as described under SUPPLEMENTARY

INFORMATION. All comments, including 

names and addresses when provided, 

are placed in the record and are 

available for public inspection and 

copying. The public may inspect 

comments received at the Dubois Ranger 

District Office, 98 N Oakley, Dubois, ID 

83420. 

FOR FURTHER INFORMATION CONTACT: Bill 

Davis, RAC Coordinator, by phone at 

208–374–5422 or via email at 

william.davis6@usda.gov. 

Individuals who use 

telecommunication devices for the deaf 

and hard of hearing (TDD) may call the 

Federal Relay Service (FRS) at 1–800– 

877–8339, 24 hours a day, every day of 

the year, including holidays. 

SUPPLEMENTARY INFORMATION: The 

purpose of the meeting is to: 

1. Discuss the current status of RAC; 

2. Elect a Committee Chair; and 

3. Discuss and make 

recommendations on new Title II 

projects. 

The meeting is open to the public. 

The agenda will include time for 

individuals to make oral statements of 

three minutes or less. Individuals 

wishing to make an oral statement at the 

meeting should request in writing by 

Friday, May 6, 2022, to be scheduled on 

the agenda. Individuals who would like 

to bring related matters to the attention 

of the committee may file written 

statements with the committee staff 

before or after the meeting. Written 

comments and requests for time for oral 

comments must be sent to Bill Davis, 

RAC Coordinator, P.O. Box 46, Dubois, 

ID 83420 or by email to william.davis6@

usda.gov or via facsimile to 208–374– 

5623. 

Meeting Accommodations: Please 

make requests in advance for sign 

language interpreter services, assistive 

listening devices, or other reasonable 

accommodation. For access to 

proceedings, please contact the person 

listed in the section titled FOR FURTHER

INFORMATION CONTACT. All reasonable 

accommodation requests are managed 

on a case-by-case basis. 

Equal opportunity practices, in line 

with USDA policies, will be followed in 

all membership appointments to the 

RAC. To help ensure that 

recommendations of the RAC have 

taken into account the needs of the 

diverse groups served by the 

Department, membership shall include, 

to the extent practicable, individuals 

with demonstrated ability to represent 

minorities, women, and persons with 

disabilities. 

The USDA prohibits discrimination in 

all of its programs and activities on the 

basis of race, color, national origin, 

religion, sex, gender identity (including 

gender expression), sexual orientation, 

disability, age, marital status, family/ 

parental status, political beliefs, income 

derived from a public assistance 

program, or reprisal or retaliation for 

prior civil rights activity in any program 

or activity conducted or funded by 

USDA (not all bases apply to all 

programs). 

Dated: April 21, 2022. 

Cikena Reid, 

USDA Committee Management Officer. 

[FR Doc. 2022–08879 Filed 4–25–22; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Aviastar—TU, 5 b. 7 Leningradsky 

Prospekt, g. Moskva, 125040, Moscow, 

Russia; Order Temporarily Denying 

Export Privileges 

Pursuant to Section 766.24 of the 

Export Administration Regulations, 15 

CFR parts 730–774 (2021) (‘‘EAR’’ or 

‘‘the Regulations’’),1 the Bureau of 

Industry and Security (‘‘BIS’’), U.S. 

Department of Commerce, through its 

Office of Export Enforcement (‘‘OEE’’), 

has requested the issuance of an Order 

temporarily denying, for a period of 180 

days, the export privileges under the 

Regulations of: Aviastar—TU 

(‘‘Aviastar’’). OEE’s request and related 

information indicates that Aviastar is an 

airline headquartered in Zhukovsky, 

Moscow Oblast, Russia, and that 

Aviastar provides a variety of cargo 

services, including delivery of military 

cargo, dangerous goods, and oversized 

goods. 

I. 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. 

II. OEE’s Request for a Temporary 

Denial Order (‘‘TDO’’) 

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 


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Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 24515 

2 87 FR 12226 (Mar. 3, 2022). 

3 87 FR 13048 (Mar. 8, 2022). 

4Section 736.2(b)(10) of the EAR provides: 

General Prohibition Ten—Proceeding with 

transactions with knowledge that a violation has 

occurred or is about to occur (Knowledge Violation 

to Occur). You may not sell, transfer, export, 

reexport, finance, order, buy, remove, conceal, 

store, use, loan, dispose of, transport, forward, or 

otherwise service, in whole or in part, any item 

subject to the EAR and exported or to be exported 

with knowledge that a violation of the Export 

Administration Regulations, the Export 

Administration Act or any order, license, License 

Exception, or other authorization issued thereunder 

has occurred, is about to occur, or is intended to 

occur in connection with the item. Nor may you 

rely upon any license or License Exception after 

notice to you of the suspension or revocation of that 

license or exception. There are no License 

Exceptions to this General Prohibition Ten in part 

740 of the EAR. (emphasis in original). 

5https://aviastartu.com/. 

6https://aviastartu.com/ourfleet. 

specified in Export Control 

Classification Number (ECCN) 9A991 

(Section 746.8(a)(1) of the EAR).2 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).3 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 is based upon facts 

indicating that Aviastar engaged in 

recent conduct prohibited by the 

Regulations by operating aircraft subject 

to the EAR and classified under ECCN 

9A991 on flights into Russia after March 

2, 2022, without the required BIS 

authorization. 

Specifically, OEE’s investigation, 

including publicly available flight 

tracking information, indicates that after 

March 2, 2022, Aviastar operated 

multiple U.S.-origin aircraft subject to 

the EAR, including, but not limited to, 

those identified below, on flights into 

and out of Novosibirsk, Russia and 

Abakan, Russia from/to Hangzhou, 

China; Shenzhen, China; and 

Zhengzhou, China. Pursuant to Section 

746.8 of the EAR, all of these flights 

would have required export or reexport 

licenses from BIS. Moreover, Aviastar 

flights would not be eligible to use 

license exception AVS. No BIS 

authorizations were either sought or 

obtained by Aviastar for these exports or 

reexports to Russia. The information 

about those flights includes the 

following: 

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

RA–73355 ................. 27054 757–223 (PCF) (B752) Hangzhou, CN/Novosibirsk, RU ........................................ April 10, 2022. 

RA–73355 ................. 27054 757–223 (PCF) (B752) Zhengzhou, CN/Abakan, RU ............................................. April 12, 2022. 

RA–73351 ................. 25696 757–223 (PCF) (B752) Hangzhou, CN/Novosibirsk, RU ........................................ April 8, 2022. 

RA–73351 ................. 25696 757–223 (PCF) (B752) Hangzhou, CN/Novosibirsk, RU ........................................ April 11, 2022. 

RA–73352 ................. 25731 757–223 (PCF) (B752) Shenzhen, CN/Abakan, RU ............................................... April 9, 2022. 

RA–73352 ................. 25731 757–223 (PCF) (B752) Hangzhou, CN/Novosibirsk, RU ........................................ April 14, 2022. 

RA–73354 ................. 27053 757–223 (PCF) (B752) Shenzhen, CN/Abakan, RU ............................................... April 5, 2022. 

RA–73354 ................. 27053 757–223 (PCF) (B752) Shenzhen, CN/Abakan, RU ............................................... April 12, 2022. 

‘Based on this information, there are 

heightened concerns of future violations 

of the EAR, especially given that any 

subsequent actions taken with regard to 

any of the listed aircraft, or other 

Aviastar aircraft illegally exported or 

reexported to Russia after March 2, 

2022, may violate the EAR. Such actions 

include, but are not limited to, 

refueling, maintenance, repair, or the 

provision of spare parts or services. See 

General Prohibition 10 of the EAR at 15 

CFR 736.2(b)(10).4 Even Aviastar’s 

continued use of such U.S.-origin 

aircraft only on domestic routes within 

Russia runs afoul of General Prohibition 

10, which (among other restrictions) 

prohibits the continued use of an item 

that was known to have been exported 

or reexported in violation of the EAR. 

For example, publicly available flight 

tracking data shows that, between April 

12 and April 15, 2022, aircraft RA– 

73355 (SN: 27054) and RA–73351 (SN: 

25696) flew on flights into and out of 

Moscow, Russia to/from Norilsk, Russia, 

Novosibirsk, Russia, and Yakutsk, 

Russia, following those aircrafts’ 

unauthorized flights into Russia as 

referenced in the chart above. In 

addition, in a public statement on its 

website and available as of the signing 

of this order, Aviastar states that it 

‘‘regularly carr[ies] out express delivery 

of mail and freight across Russia . . .’’ 5

Moreover, additional concerns of 

future violations of the Regulations are 

raised by other public statements 

available as of the signing of this order 

on Aviastar’s website stating that its 

fleet includes multiple U.S.-origin 757– 

200F aircraft.6 Given BIS’s review 

policy of denial under Section 746.8(a) 

of the Regulations for exports and 

reexports to Russia, it is foreseeable that 

Aviastar will attempt to evade the 

Regulations in order to obtain new or 

additional aircraft parts or service for its 

existing aircraft that were exported or 

reexported to Russia in violation of 

Section 746.8 of the Regulations. 

Additionally, as a cargo carrier and 

given its prior record of apparent EAR 

non-compliance, Aviastar presents a 

heightened risk of committing future 

violations by transporting items subject 

to the EAR into Russia without the 

required BIS authorization, potentially 

enabling a means of transport to support 

Russia’s military efforts and/or attempts 

to evade U.S. sanctions by acquiring 

such items from abroad. 

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 Aviastar took actions 

in apparent violation of the Regulations 

by exporting or reexporting the aircraft 

cited above, among many others, on 

flights into Russia after March 2, 2022, 

without the required BIS authorization. 

Moreover, the continued operation of 

these cargo aircraft by Aviastar, the 

company’s on-going need to acquire 

replacement parts and components 

(many of which are U.S.-origin), and the 

concern the aircraft can be used to 

evade U.S. export controls, presents a 

high likelihood of imminent violations 

warranting imposition of a TDO. I 

further find that such apparent 

violations have been significant and 

deliberate. Therefore, issuance of the 

TDO 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 Aviastar, in 

connection with export and reexport 


jspears on DSK121TN23PROD with NOTICES1
24516 Federal Register / Vol. 87, No. 80 / Tuesday, April 26, 2022 / Notices 

1ECRA was enacted on August 13, 2018, as part 

of the John S. McCain National Defense 

Authorization Act for Fiscal Year 2019 and, as 

amended, is codified at 50 U.S.C. 4801–4852. 

2The Regulations are currently codified in the 

Code of Federal Regulations at 15 CFR parts 730– 

774 (2021). 

transactions involving items subject to 

the Regulations and in connection with 

any other activity subject to the 

Regulations. 

This Order is being issued on an ex 

parte basis without a hearing based 

upon BIS’s showing of an imminent 

violation in accordance with Section 

766.24 and 766.23(b) of the Regulations. 

IV. Order 

It is therefore ordered: 

First, Aviastar-TU, 5 b. 7 

Leningradsky prospekt, g. Moskva, 

125040, Moscow, 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 Aviastar 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 

Aviastar 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 Aviastar 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 Aviastar 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 Aviastar 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 Aviastar, or 

service any item, of whatever origin, 

that is owned, possessed or controlled 

by Aviastar 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 Aviastar 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, Aviastar 

may, at any time, appeal this 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 Aviastar 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 Aviastar and shall be published in the 

Federal Register. 

This Order is effective immediately 

and shall remain in effect for 180 days. 

Dated: April 21, 2022. 

Matthew S. Axelrod, 

Assistant Secretary of Commerce for Export 

Enforcement. 

[FR Doc. 2022–08885 Filed 4–25–22; 8:45 am] 

BILLING CODE 3510–DT–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

In the Matter of: Arnoldo Vidaurri, 113 

Coronado Ave., Laredo, TX 78043; 

Order Denying Export Privileges 

On March 29, 2019, in the U.S. 

District Court for the Southern District 

of Texas, Arnoldo Vidaurri (‘‘Vidaurri’’) 

was convicted of violating 18 U.S.C. 

554(a). Specifically, Vidaurri was 

convicted of fraudulently and 

knowingly exporting and sending, from 

the United States to Mexico, two Ruger 

LCP 380 pistols and 100 rounds of 

ammunition, without a Department of 

State export license or other written 

authorization, in violation of 18 U.S.C. 

554. 

As a result of his conviction, the 

Court sentenced Vidaurri to 36 months 

of probation, 75 hours of community 

service, and a $100 court assessment. 

Pursuant to Section 1760(e) of the 

Export Control Reform Act (‘‘ECRA’’),1

the export privileges of any person who 

has been convicted of certain offenses, 

including, but not limited to, 18 U.S.C. 

554, may be denied for a period of up 

to ten (10) years from the date of his/her 

conviction. 50 U.S.C. 4819(e) (Prior 

Convictions). In addition, any Bureau of 

Industry and Security (BIS) licenses or 

other authorizations issued under 

ECRA, in which the person had an 

interest at the time of the conviction, 

may be revoked. Id. 

BIS received notice of Vidaurri’s 

conviction for violating 18 U.S.C. 554 

and, as provided in Section 766.25 of 

the Export Administration Regulations 

(‘‘EAR’’ or the ‘‘Regulations’’). has 

provided notice and opportunity for 

Vidaurri to make a written submission 

to BIS. 15 CFR 766.25.2 BIS received 


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