Federal Register - July 12, 2021
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Source: Federal Register
36496
Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Rules and Regulations
compensation is provided solely for the flight training and not the use of the aircraft.
The FAA notes that any operator of a limited category aircraft that holds an exemption to conduct Living History of Flight LHFE operations already holds the necessary exemption relief to conduct flight training for its flightcrew members. LHFE exemptions grant relief to the extent necessary to allow the exemption holder to operate certain aircraft for the purpose of carrying persons for compensation or hire for living history flight experiences. As a condition of these exemptions, the operators must provide regular flight training and checking to flightcrew members. As such, these flight training operations are considered necessary for the operator to conduct the LHFE flights themselves.9 The FAA will clarify this relief when operators apply for renewal of their LHFE exemptions.
For the safety reasons set forth in this notification, the FAA is considering a rulemaking that would enable the flight training activity discussed in this notification without the need to obtain an exemption or LODA from the FAA.
Issued in Washington, DC.
Ricardo Domingo, Executive Director, Flight Standards Service, AFX1.
FR Doc. 202114765 Filed 7821; 8:45 am BILLING CODE 491013P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security 15 CFR Part 744
Docket No. 2107020143
RIN 0694AI57
Addition of Certain Entities to the Entity List; Revision of Existing Entry on the Entity List; Removal of Entity From the Unverified List; and Addition of Entity to the Military End-User MEU
List Bureau of Industry and Security, Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends the Export Administration Regulations EAR by adding thirty-four entities
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SUMMARY:
9 The FAA cautions, however, that LHFE
exemptions do not permit operators to allow passengers on LHFE flights to manipulate the controls of the aircraft under the guise of flight training. The flight training relief extends only to the LHFE operators own flightcrew members for the purpose of training those individuals to conduct LHFE flights.
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under forty-three entries to the Entity List. These thirty-four entities have been determined by the U.S. Government to be acting contrary to the foreign policy interests of the United States and will be listed on the Entity List under the destinations of Canada; Peoples Republic of China China; Iran;
Lebanon; Netherlands The Netherlands; Pakistan; Russia;
Singapore; South Korea; Taiwan;
Turkey; the United Arab Emirates UAE; and the United Kingdom. This final rule also revises one entry on the Entity List under the destination of China. This final rule also removes one entry from the Entity List under the destination of Germany. This final rule removes one entity from the Unverified List, as a conforming change to this same entity being added to the Entity List. In addition, this final rule amends the EAR by adding one entity to the Military End-User MEU List under the destination of Russia.
DATES: This rule is effective July 12, 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 4825991, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background 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 730774 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 Military End-User MEU List supplement no. 7 to part 744 of the EAR identifies entities that have been determined by the End-User Review
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Committee ERC to be military end users pursuant to 744.21 of the EAR.
That section imposes additional license requirements on, and limits the availability of, most license exceptions for, exports, reexports, and transfers incountry to listed entities on the MEU
List, as specified in supplement no. 7 to part 744 and 744.21 of the EAR.
Entities may be listed on the MEU List under the destinations of Burma, China, Russia, or Venezuela. The license review policy for each listed entity is identified in the introductory text of supplement no. 7 to part 744 and in 744.21b and e. The MEU List includes introductory text, which specifies the scope of the license requirements, limitations on the use of EAR license exceptions, and the license review policy that applies to the entities. These requirements are also reflected in 744.21, but for ease of reference, these are also included in the introductory text of the supplement.
The Unverified List, found in supplement no. 6 to part 744 of the EAR, contains the names and addresses of foreign persons who are or have been parties to a transaction, as such parties are described in 748.5 of the EAR, involving the export, reexport, or transfer in-country of items subject to the EAR, and whose bona fides BIS has been unable to verify through an enduse check. BIS may add persons to the Unverified List when BIS or federal officials acting on BISs behalf have been unable to verify a foreign persons bona fides because an end-use check, such as a pre-license check or a postshipment verification, cannot be completed satisfactorily for reasons outside the U.S. Governments control.
The 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 and MEU List. The ERC
makes all decisions to add an entry to the Entity List and MEU List by majority vote and makes all decisions to remove or modify an entry by unanimous vote.
In addition, when an entity listed on the Unverified List is being added to the Entity List based on a majority vote of the ERC, the ERCs determination to add that entity to the Entity List constitutes interagency approval for a conforming change to remove the same entity from the Unverified List in supplement no. 6
to part 744 of the EAR.
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