Addition of Certain Entities to the Entity List; Correction of Existing Entry on the Entity List

• Published date: 06 July 2021
• Citation: 86 FR 35389
• Record Number: 2021-14367
• Section: Rules and Regulations
• Court: Industry And Security Bureau

35389

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations

of AD 2002–08–16), whichever occurs first,

remove the tie bar from service.

(ii) Thereafter following paragraph (g)(2)(i)

of this AD, remove any tie bar P/N 341A31–

4933–00 and –01 from service as follows:

(A) For a tie bar manufactured before 1995,

remove the tie bar from service before

accumulating 300 total hours TIS or 1 year

since initial installation on any helicopter,

whichever occurs first, and

(B) For a tie bar manufactured in 1995 or

later, remove the tie bar from service before

accumulating 600 total hours TIS or 2 years

since initial installation on any helicopter,

whichever occurs first.

(3) For tie bar P/N 704A33–633–270:

(i) Before further flight after the effective

date of this AD, determine the date of initial

installation on any helicopter, or if the date

of initial installation cannot be determined,

use the date of manufacture.

(ii) If the tie bar has accumulated 600 or

more total hours TIS or 2 or more years since

initial installation on any helicopter,

whichever occurs first, before further flight,

remove the tie bar from service.

(iii) If the tie bar has accumulated less than

600 total hours TIS or 2 years since initial

installation on any helicopter, whichever

occurs first, remove the tie bar from service

before accumulating 600 total hours TIS or 2

years since initial installation on any

helicopter, whichever occurs first.

(iv) Thereafter following paragraph

(g)(3)(ii) or (iii) of this AD, remove any tie bar

P/N 704A33–633–270 from service before

accumulating 600 total hours TIS or 2 years

since initial installation on any helicopter,

whichever occurs first.

(4) As of the effective date of this AD, do

not install tie bar P/N 341A31–4904–00, –01,

–02, or –03; or 360A31–1097–02 or –03, on

any helicopter.

(h) Special Flight Permits

Special flight permits are prohibited.

(i) Alternative Methods of Compliance

(AMOCs)

(1) The Manager, International Validation

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 local

Flight Standards District Office, as

appropriate. If sending information directly

to the manager of the International Validation

Branch, send it to the attention of the person

identified in paragraph (j)(1) of this AD.

Information may be emailed to: 9-AVS-AIR-

730-AMOC@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.

(j) Related Information

(1) For more information about this AD,

contact Hal Jensen, Aerospace Engineer,

Operational Safety Branch, Compliance &

Airworthiness Division, FAA, 950 L’Enfant

Plaza N SW, Washington, DC 20024;

telephone (202) 267–9167; email hal.jensen@

faa.gov.

(2) The subject of this AD is addressed in

Generale De L’Aviation Civile (France) AD

2001–588–047(A) R1, dated December 26,

2001, and AD 2001–587–041(A) R2, dated

January 8, 2003. You may view those ADs at

https://www.regulations.gov in Docket No.

FAA–2006–24733.

Issued on June 28, 2021.

Lance T. Gant,

Director, Compliance & Airworthiness

Division, Aircraft Certification Service.

[FR Doc. 2021–14258 Filed 7–2–21; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 210629–0139]

RIN 0694–AI52

Addition of Certain Entities to the

Entity List; Correction of Existing

Entry on 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 four entities to the

Entity List. These four entities have

been determined by the U.S.

Government to be acting contrary to the

foreign policy and national security

interests of the United States and will be

listed on the Entity List under the

destination of Burma. This rule also

amends the EAR by correcting the

address of one entity, listed under

Burma, on the Entity List.

DATES

: This rule is effective July 6,

2021.

FOR FURTHER INFORMATION CONTACT

:

Chair, End-User Review Committee,

Office of the Assistant Secretary for

Export Administration, Bureau of

Industry and Security, Department of

Commerce, Phone: (202) 482–5991,

Email: ERC@bis.doc.gov.

SUPPLEMENTARY INFORMATION

:

Background

Entity List

The Entity List (supplement no. 4 to

part 744 of the EAR) identifies entities

for which there is reasonable cause to

believe, based on specific and

articulable facts, that the entities have

been involved, are involved, or 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 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.

Burma

This rule is part of an ongoing effort

by the United States Government to

impose restrictions on Burmese entities

that support the Burmese military as

part of a broader response to the

February 1, 2021 coup by the military,

which overthrew Burma’s

democratically-elected government. On

February 10, 2021, President Biden

signed Executive Order (E.O.) 14014,

‘‘Blocking Property With Respect to the

Situation in Burma’’ (E.O. 14104), in

which he declared a national emergency

to address the threat posed to the United

States by the situation in, and in

relation to, Burma following the coup.

See 86 FR 9429 (Feb. 12, 2021).

Since February 2021, BIS has taken

several actions under the EAR to

strengthen export controls on Burma.

These include the publication of

‘‘Burma: Implementation of Sanctions’’

(86 FR 10011) on February 18, 2021;

‘‘Burma: Implementation of Sanctions’’

(86 FR 13173) on March 8, 2021;

‘‘Addition of Entities to the Entity List’’

(86 FR 13179) on March 8, 2021; and

‘‘Expansion of Certain End-Use and

End-User Controls and Controls on

Specific Activities of U.S. Persons;

Corrections; and Burma Sanctions’’ (86

FR 18433) on April 9, 2021.

ERC Entity List Decisions

Additions to the Entity List

This rule implements the decision of

the ERC to add four entities to the Entity

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35390

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations

List. The four entities are 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 four entities are located in

Burma.

By making these Entity List additions,

this final rule further strengthens export

controls on Burma and addresses the

foreign policy and national security

concerns that formed the basis for the

issuance of E.O. 14104. This rule also

supports the United States

Government’s efforts to promote an

immediate return to democracy in

Burma. Specifically, BIS is adding the

following four entities to the Entity List

under the destination of Burma: Wanbao

Mining, Ltd. and its two subsidiaries,

Myanmar Wanbao Mining Copper, Ltd.

and Myanmar Yang Tse Copper, Ltd.;

and King Royal Technologies Co., Ltd.

In particular, by adding Wanbao

Mining, Ltd., Myanmar Wanbao Mining

Copper, Ltd., and Myanmar Yang Tse

Copper, Ltd. to the Entity List, this rule

enhances the U.S. Government’s efforts

to ensure that items subject to the EAR

are not available for copper mining

operations by these three entities, which

have revenue-sharing agreements with

Myanmar Economic Holdings Limited

(MEHL). MEHL provides revenue for

Burma’s Ministry of Defence, an entity

responsible for the February 1, 2021

military coup. On March 8, 2021, BIS

added MEHL and the Ministry of

Defence to the Entity List. See 86 FR

13179 (March 8, 2021). Additionally,

BIS is adding King Royal Technologies

Co., Ltd., a telecommunications

company, to the Entity List for

providing satellite communication

services in support of the Burmese

military.

Pursuant to § 744.11(b) of the EAR,

the ERC determined that the conduct of

the above-described four entities raises

sufficient concerns that prior review, via

the imposition of a license requirement

for exports, reexports, or transfers (in-

country) of all items subject to the EAR

involving these four entities and the

possible issuance of license denials or

the possible imposition of license

conditions on shipments to these

entities, will enhance BIS’s ability to

prevent violations of the EAR or

otherwise protect U.S. national security

or foreign policy interests.

For the four entities added to the

Entity List in this final rule, BIS

imposes a license requirement that

applies to all items subject to the EAR.

In addition, no license exceptions are

available for exports, reexports, or

transfers (in-country) to the persons

being added to the Entity List in this

rule. BIS imposes a license review

policy of a presumption of denial for

these four entities. The acronym

‘‘a.k.a.,’’ which is an abbreviation of

‘also known as,’ is used in entries on the

Entity List to identify aliases, thereby

assisting exporters, reexporters and

transferors in identifying entities on the

Entity List.

For the reasons described above, this

final rule adds the following four

entities to the Entity List and includes,

where appropriate, aliases:

Burma

•King Royal Technologies Co., Ltd.;

•Myanmar Wanbao Mining Copper,

Ltd.;

•Myanmar Yang Tse Copper, Ltd.;

and

•Wanbao Mining, Ltd.

Correction to the Entity List

This final rule implements a

correction to one existing entry on the

Entity List for an entity that was added

to the Entity List under the destination

of Burma on March 8, 2021 (86 FR

13180, March 8, 2021). Specifically, BIS

is correcting the entry for Myanmar

Economic Corporation by changing the

address to refer to ‘‘Burma.’’

Savings Clause

Shipments of items removed from

eligibility for a License Exception or

export, reexport, or transfer (in-country)

without a license (NLR) as a result of

this regulatory action that were en route

aboard a carrier to a port of export,

reexport, or transfer (in-country), on

July 6, 2021, pursuant to actual orders

for export, reexport, or transfer (in-

country) to or within a foreign

destination, may proceed to that

destination under the previous

eligibility for a License Exception or

export, reexport, or transfer (in-country)

without a license (NLR).

Export Control Reform Act of 2018

On August 13, 2018, the President

signed into law the John S. McCain

National Defense Authorization Act for

Fiscal Year 2019, which included the

Export Control Reform Act of 2018

(ECRA) (50 U.S.C. 4801–4852). ECRA

provides the legal basis for BIS’s

principal authorities and serves as the

authority under which BIS issues this

rule.

Rulemaking Requirements

1. Executive Orders 13563 and 12866

direct agencies to assess all costs and

benefits of available regulatory

alternatives and, if regulation is

necessary, to select regulatory

approaches that maximize net benefits

(including potential economic,

environmental, public health and safety

effects, distributive impacts, and

equity). Executive Order 13563

emphasizes the importance of

quantifying both costs and benefits, of

reducing costs, of harmonizing rules,

and of promoting flexibility. This rule

has been determined to be not

significant for purposes of Executive

Order 12866.

2. Notwithstanding any other

provision of law, no person is required

to respond to or be subject to a penalty

for failure to comply with a collection

of information, subject to the

requirements of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.) (PRA), unless that collection of

information displays a currently valid

Office of Management and Budget

(OMB) Control Number. This regulation

involves collections previously

approved by OMB under control

number 0694–0088, Simplified Network

Application Processing System, which

includes, among other things, license

applications and commodity

classification, and carries a burden

estimate of 29.6 minutes for a manual or

electronic submission for a total burden

estimate of 31,835 hours. Total burden

hours associated with the PRA and

OMB control number 0694–0088 are not

expected to increase as a result of this

rule.

3. This rule does not contain policies

with Federalism implications as that

term is defined in Executive Order

13132.

4. Pursuant to section 1762 of the

Export Control Reform Act of 2018, this

action is exempt from the

Administrative Procedure Act (5 U.S.C.

553) requirements for notice of

proposed rulemaking, opportunity for

public participation, and delay in

effective date.

5. Because a notice of proposed

rulemaking and an opportunity for

public comment are not required to be

given for this rule by 5 U.S.C. 553, or

by any other law, the analytical

requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601, et seq., are

not applicable. Accordingly, no

regulatory flexibility analysis is required

and none has been prepared.

List of Subjects in 15 CFR Part 744

Exports, Reporting and recordkeeping

requirements, Terrorism.

Accordingly, part 744 of the Export

Administration Regulations (15 CFR

parts 730–774) is amended as follows:

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35391

Federal Register / Vol. 86, No. 126 / Tuesday, July 6, 2021 / Rules and Regulations

PART 744—[AMENDED]

■1. The authority citation for 15 CFR

part 744 continues to read as follows:

Authority: 50 U.S.C. 4801–4852; 50 U.S.C.

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.

3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201

et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR

20947, 3 CFR, 1978 Comp., p. 179; E.O.

12851, 58 FR 33181, 3 CFR, 1993 Comp., p.

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994

Comp., p. 950; E.O. 13026, 61 FR 58767, 3

CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR

45167, 3 CFR, 1998 Comp., p. 208; E.O.

13222, 66 FR 44025, 3 CFR, 2001 Comp., p.

783; E.O. 13224, 66 FR 49079, 3 CFR, 2001

Comp., p. 786; Notice of September 18, 2020,

85 FR 59641 (September 22, 2020); Notice of

November 12, 2020, 85 FR 72897 (November

13, 2020).

■2. Supplement No. 4 to part 744 is

amended under BURMA by:

■a. Adding in alphabetical order an

entry for ‘‘King Royal Technologies Co.,

Ltd.’’;

■b. Revising the listing for ‘‘Myanmar

Economic Corporation’’; and

■c. Adding in alphabetical order entries

for ‘‘Myanmar Wanbao Mining Copper,

Ltd.,’’ ‘‘Myanmar Yang Tse Copper,

Ltd.,’’ and ‘‘Wanbao Mining, Ltd.’’.

The additions and revision read as

follows:

Supplement No. 4 to Part 744—Entity

List

* * * * *

Country Entity License

requirement License review policy Federal Register

citation

*******

BURMA ............ ******

King Royal Technologies Co., Ltd.,

a.k.a., the following one alias:

—KRT.

All items subject to the

EAR. (See § 744.11 of

the EAR).

Presumption of denial ...... 86 FR [INSERT FR PAGE

NUMBER AND July 6,

2021].

4, Min Dhama Rd., Shwe Gabar 6th St,

Shwe Gabar Housing, Mayangone,

Yangon , Burma; and

Room 4 Shwe Gabar 6th Yangon,

Burma. ******

Myanmar Economic Corporation, a.k.a.,

the following one alias:

—MEC.

For all items subject to

the EAR. (See § 744.11

of the EAR).

Presumption of denial ...... 86 FR 13180, 3/8/2021.

86 FR [INSERT FR

PAGE NUMBER AND

July 6, 2021].

Corner of Ahlone Road and Strand

Road, Ahlone Township, Yangon,

Burma. ******

Myanmar Wanbao Mining Copper, Ltd.,

Yangon Office 70 (I)Bo Chein Street

Pyay Road, Hlaing Township,

Yangon, Burma.

All items subject to the

EAR. (See § 744.11 of

the EAR).

Presumption of denial ...... 86 FR [INSERT FR PAGE

NUMBER AND July 6,

2021].

Myanmar Yang Tse Copper, Ltd., 70/I,

Bo Chein St., Ward (11), Hlaing,

Yangon, Burma.

All items subject to the

EAR. (See § 744.11 of

the EAR).

Presumption of denial ...... 86 FR [INSERT FR PAGE

NUMBER AND July 6,

2021].

Wanbao Mining, Ltd., 70 Bo Chain Ln,

Yangon, Burma. All items subject to the

EAR. (See § 744.11 of

the EAR).

Presumption of denial ...... 86 FR [INSERT FR PAGE

NUMBER AND July 6,

2021].

*******

* * * * *

Matthew S. Borman,

Deputy Assistant Secretary for Export

Administration.

[FR Doc. 2021–14367 Filed 7–2–21; 8:45 am]

BILLING CODE 3510–33–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Part 11

[Docket No. FR–6192–F–02]

RIN 2501–AD93

Implementing Executive Order 13992,

Revocation of Certain Executive

Orders Concerning Federal Regulation

AGENCY

: Office of General Counsel,

HUD.

ACTION

: Final rule.

SUMMARY

: On November 10, 2020, the

U.S. Department of Housing and Urban

Development (HUD, or the Department)

published an interim final rule that

implemented Executive Order 13891,

‘‘Promoting the Rule of Law Through

Improved Agency Guidance

Documents.’’ This order required

Federal agencies to publish regulations

to codify processes and procedures for

issuing guidance documents. HUD

created new regulations that outlined

HUD policy and procedures for issuing

guidance documents. On January 20,

2021, President Biden issued Executive

Order 13992, ‘‘Revocation of Certain

Executive Orders Concerning Federal

Regulation’’ which, among other things,

revoked Executive Order 13891. After

considering the public comments HUD

received in response to its interim final

rule and given the revocation of

Executive Order 13891, this final rule

removes the regulations HUD created in

January.

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