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Federal Register/Vol. 84, No. 70/Thursday, April 11, 2019/Rules 14608 Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations SUMMARY: This action withdraws the NATIONAL AERONAUTICS AND Background FAA’s interpretation of the special rule SPACE ADMINISTRATION The Unverified List, found in for model aircraft. That interpretation Supplement No. 6 to Part 744 to the 14 CFR Parts 1264 and 1271 no longer is valid or necessary because EAR, contains the names and addresses Congress repealed the special rule for RIN 2700–AE48 of foreign persons who are or have been model aircraft. parties to a transaction, as that such [Document Number NASA–19–003: Docket parties are described in § 748.5 of the DATES: The interpretation published on Number–NASA–2019–0002] June 25, 2014 (79 FR 36172) is EAR, involving the export, reexport, or transfer (in-country) of items subject to withdrawn as of April 11, 2019. Implementation of the Federal Civil Penalties Inflation Adjustment Act and the EAR, and whose bona fides (i.e., FOR FURTHER INFORMATION CONTACT: Adjustment of Amounts for 2019 legitimacy and reliability relating to the Jonathan W. Cross, Regulations end use and end user of items subject Division, Office of the Chief Counsel, Correction to the EAR) BIS has been unable to Federal Aviation Administration, 800 In rule document 2019–06555 verify through an end-use check. BIS Independence Avenue SW, Washington, appearing on pages 13114–13115 in the may add persons to the UVL when BIS DC 20591; telephone 202–267–7173; issue of April 4, 2019, make the or federal officials acting on BIS’s behalf email: [email protected]. following correction: have been unable to verify a foreign person’s bona fides because an end-use SUPPLEMENTARY INFORMATION: Section § 1264.102 [Corrected] check, such as a pre-license check (PLC) 336 of the FAA Modernization and ■ On page 13115, in the second column, or a post-shipment verification (PSV), Reform Act of 2012 (FMRA) established in amendatory instruction 2, the fifth cannot be completed satisfactorily for the special rule for model aircraft (Pub. line ‘‘(b)(1)(iii)’’ should read ‘‘(b)(1)(ii)’’. such purposes for reasons outside the L. 112–95, Feb. 14, 2012). On June 25, U.S. Government’s control. 2014, the FAA published an [FR Doc. C1–2019–06555 Filed 4–10–19; 8:45 am] There are occasions where, for a interpretation of that special rule with a BILLING CODE 1301–00–D number of reasons, end-use checks request for comments (79 FR 36172). cannot be completed. These include The interpretation clarified, among reasons unrelated to the cooperation of other things, that: (1) Model aircraft DEPARTMENT OF COMMERCE the foreign party subject to the end-use check. For example, BIS sometimes must satisfy all criteria of section 336(a) Bureau of Industry and Security to qualify as model aircraft and be initiates end-use checks and cannot find a foreign party at the address indicated exempt from future FAA rulemaking; 15 CFR Part 744 and (2) the FAA retains enforcement on export documents and cannot locate authority against operators who [Docket No. 190130021–9021–01] the party by telephone or email. endanger the safety of the national Additionally, BIS sometimes is unable RIN 0694–AH73 to conduct end-use checks when host airspace system. The FAA received government agencies do not respond to more than 18,000 comments from Revisions to the Unverified List (UVL) requests to conduct end-use checks, are organizations and individuals to the prevented from scheduling such checks interpretation. AGENCY: Bureau of Industry and Security, Commerce. by a party to the transaction other than Section 349 of the FAA the foreign party that is the proposed ACTION: Final rule. Reauthorization Act of 2018 repealed subject of the end-use check, or refuse section 336 of FMRA and replaced it SUMMARY: The Bureau of Industry and to schedule them in a timely manner. with a new exception to conduct limited Security (BIS) is amending the Export Under these circumstances, although recreational operations of unmanned Administration Regulations (EAR) by BIS has an interest in informing the aircraft without FAA certification or adding fifty (50) persons to the public of its inability to verify the operating authority (Pub. L. 115–254, Unverified List (‘‘UVL’’), removing ten foreign party’s bona fides, there may not Oct. 5, 2018). (10) persons, and adding an additional be sufficient information to add the foreign person at issue to the Entity List As a result of the repeal of the special address for one (1) person currently under § 744.11 of the EAR (Criteria for rule for model aircraft, the FAA’s June listed on the UVL. The fifty persons are added to the UVL on the basis that BIS revising the Entity List). In such 25, 2014, interpretation is no longer could not verify their bona fides circumstances, BIS may add the foreign valid or necessary. Accordingly, the because an end-use check could not be person to the UVL. FAA is withdrawing the interpretation. completed satisfactorily for reasons Furthermore, BIS sometimes conducts Because that interpretation is outside the U.S. Government’s control. end-use checks but cannot verify the withdrawn, the FAA will take no further BIS is adding a new address for one bona fides of a foreign party. For action to respond to any comments to person as BIS has determined that this example, BIS may be unable to verify the interpretation. person is receiving exports from the bona fides if during the conduct of an Issued in Washington, DC, on March 12, United States at an additional address. end-use check a recipient of items 2019. DATES: This rule is effective: April 11, subject to the EAR is unable to produce those items for visual inspection or Daniel K. Elwell, 2019. provide sufficient documentation or Acting Administrator. FOR FURTHER INFORMATION CONTACT: other evidence to confirm the [FR Doc. 2019–07215 Filed 4–10–19; 8:45 am] Kevin Kurland, Director, Office of disposition of those items. The inability BILLING CODE 4910–13–P Enforcement Analysis, Bureau of of foreign persons subject to end-use Industry and Security, Department of checks to demonstrate their bona fides Commerce, Phone: (202) 482–4255 or by raises concerns about the suitability of email at [email protected]. such persons as participants in future SUPPLEMENTARY INFORMATION: exports, reexports, or transfers (in- VerDate Sep<11>2014 16:02 Apr 10, 2019 Jkt 247001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\11APR1.SGM 11APR1 amozie on DSK9F9SC42PROD with RULES Federal Register / Vol. 84, No. 70 / Thursday, April 11, 2019 / Rules and Regulations 14609 country) of items subject to the EAR and additional address. Further, this rule aboard a carrier to a port of export, on indicates a risk that such items may be fixes minor typographical errors in two April 11, 2019, pursuant to actual diverted to prohibited end uses and/or of the existing addresses for the same orders, may proceed to that UVL listed end users. However, BIS may not have company. person under the previous license sufficient information to establish that Finally, this rule removes ten persons exception eligibility or without a license such persons are involved in activities from the UVL. BIS is removing these so long as the items have been exported described in parts 744 or 746 of the persons pursuant to information from the United States, reexported or EAR, preventing the placement of the received by BIS pursuant to § 744.15(d) transferred (in-country) before May 13, persons on the Entity List. In such of the EAR and further review 2019. Any such items not actually circumstances, the foreign persons may conducted by BIS. This final rule exported, reexported or transferred (in- be added to the Unverified List. implements the decision to remove the country) before midnight on May 13, As provided in § 740.2(a)(17) of the following three persons located in 2019 are subject to the requirements in EAR, the use of license exceptions for China, one person located in Finland, § 744.15 of the EAR in accordance with exports, reexports, and transfers (in- five persons located in Russia, and one this regulation. country) involving a party or parties to person located in the United Arab Export Control Reform Act of 2018 the transaction who are listed on the Emirates from the UVL: UVL is suspended. Additionally, under On August 13, 2018, the President China § 744.15(b) of the EAR, there is a signed into law the John S. McCain requirement for exporters, reexporters, (1) Jiujiang Jinxin Nonferrous Metals National Defense Authorization Act for and transferors to obtain (and keep a Co., Ltd., Xunyang Chem. Bldg., Fiscal Year 2019, which included the record of) a UVL statement from a party Materials Factory, Xunyang District, Export Control Reform Act of 2018 or parties to the transaction who are Jiujiang City, China, (ECRA) (Title XVII, Subtitle B of Pub. L. listed on the UVL before proceeding (2) Liupanshui Normal University, 19 115–232) that provides the legal basis with exports, reexports, and transfers Minhu Road, Zhongshan District, for BIS’s principal authorities and (in-country) to such persons, when the Liupanshui, Guizhou, 553004, China, serves as the authority under which BIS exports, reexports and transfers (in- and issues this rule. As set forth in Section country) are not subject to a license (3) Yantai Salvage Bureau, No. 100 1768 of ECRA, all delegations, rules, requirement. Zhifudao East Road, Zhifu District, regulations, orders, determinations, Requests for removal of a UVL entry Yantai, Shandong, 264012, China licenses, or other forms of administrative action that have been must be made in accordance with Finland § 744.15(d) of the EAR.
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