Removal and Modifications for Persons Listed Under Russia on the Entity List, 29998-30001 [2011-12803]
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
applicable, modifying the configuration
strapping units, installing the outboard
low-heat detection switches and wing
A/ICE box assembly and its associated
wires; and activating the outboard lowheat detection switches; for Bombardier,
Inc. Model CL–600–2B19 (Regional Jet
Series 100 & 440) airplanes.
In the AD as published, the reference
to Bombardier Service Bulletin 601R–
30–034, dated November 19, 2007, in
paragraph (g)(7) of the AD is incorrect.
The reference to the Bombardier Service
Bulletin should read Bombardier
Service Bulletin 601R–31–034, dated
November 19, 2007.
No other part of the preamble or
regulatory information has been
changed; therefore, only the changed
portion of the final rule is being
published in the Federal Register.
The effective date of this AD remains
May 6, 2011.
Correction of Regulatory Text
§ 39.13
[Corrected]
In the Federal Register of April 1,
2011, on page 18028, in the first
column, paragraph (g)(7) of AD 2011–
07–06 is corrected to read as follows:
■
*
*
*
*
*
(7) Replacing DCUs P/N 622–9820–007,
622–9820–008, or 622–9820–009 with
modified DCUs having P/N 622–9820–010,
and modifying CSUs, are also acceptable for
compliance with the requirements of
paragraph (g)(3) of this AD if done before the
effective date of this AD, in accordance with
Accomplishment Instructions of Bombardier
Service Bulletin 601R–31–034, dated
November 19, 2007.
*
*
*
*
*
Issued in Renton, Washington, on May 13,
2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–12587 Filed 5–23–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
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[Docket No. 110502271–1278–01]
RIN 0694–AF24
Removal and Modifications for
Persons Listed Under Russia on the
Entity List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
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This final rule amends the
Export Administration Regulations
(EAR) by removing one and revising two
Russian entries on the Entity List
(Supplement No. 4 to Part 744). This
final rule removes the Federal Atomic
Power of Russia (Rusatom) (now known
as the Russian State Corporation of
Atomic Energy (Rosatom)) entry from
the Entity List and adds language
clarifying that both the All-Russian
Scientific Research Institute of
Technical Physics (VNIITF) and the AllRussian Scientific Research Institute of
Experimental Physics (VNIIEF), which
are Rosatom components, remain on the
Entity List. In addition, this rule adds
additional aliases and revises some of
the existing aliases for the two Russian
entries that are being retained on the
Entity List. These changes will better
inform exporters, reexporters, and
transferors of the scope of these Entity
List-based license requirements.
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to parties
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that availability of
license exceptions in such transactions
is limited.
DATES: Effective Date: This rule is
effective May 24, 2011.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, E-mail: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Entity List provides notice to the
public that certain exports, reexports,
and transfers (in-country) to entities
identified on the Entity List require a
license from the Bureau of Industry and
Security (BIS) and that the availability
of license exceptions in such
transactions is limited. Entities are
placed on the Entity List on the basis of
certain sections of part 744 (Control
Policy: End-User and End-Use Based) of
the EAR.
The End-User Review Committee
(ERC), composed of representatives of
the Departments of Commerce (Chair),
State, Defense, Energy and, when
appropriate, the Treasury, makes all
decisions to make additions to,
removals from and other changes to the
Entity List. The ERC makes all decisions
to add an entry to the Entity List by
majority vote and all decisions to
remove or modify an entry by
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unanimous vote. The Departments
represented on the ERC approved these
changes to the Entity List.
Entity List Decisions
In recognition of the bilateral
partnership between the United States
and Russia, a policy decision was made
by the Departments represented on the
ERC to clarify the Russian entries on the
Entity List by removing one and revising
two Russian entities listed on the Entity
List. The decision implemented by this
final rule includes removing the Federal
Atomic Power of Russia (Rusatom)
(which is now known as the Russian
State Corporation of Atomic Energy
(Rosatom)) as an individual entry on the
Entity List and adding language to
clarify that two specified Russian
entries (i.e., the All-Russian Scientific
Research Institute of Technical Physics
(VNIITF) and the All-Russian Scientific
Research Institute of Experimental
Physics (VNIIEF)) which are Rosatom
components, are both remaining on the
Entity List. These revisions further
clarify that VNIITF and VNIIEF are the
only Rosatom components remaining on
the Entity List. This language is being
added to clarify that neither Rosatom at
locations outside of Snezhinsk and
Sarov nor any of its components or
subsidiaries located outside of
Snezhinsk and Sarov are subject to the
Entity List’s supplemental licensing
requirements and policies.
In addition, this rule adds other
aliases and revises some of the existing
aliases for the two Russian entries that
are being retained on the Entity List.
These changes will better inform
exporters, reexporters, and transferors of
the scope of these Entity List-based
license requirements.
A. Removal From the Entity List
This rule implements a policy
decision made by the Departments
represented on the ERC to remove one
Russian entity from the Entity List.
Specifically, this rule removes the
Federal Atomic Power of Russia
(Rusatom), which is now known as the
Russian State Corporation of Atomic
Energy (Rosatom) from the Entity List.
However, VNIITF and VNIIEF will
remain on the Entity List. Moreover, this
rule adds and revises particular aliases
of VNIITF and VNIIEF to the Entity List
to better assist exporters, reexporters
and transferors in identifying these two
entities on the Entity List.
This rule removes the following
person located in Russia from the Entity
List:
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
Russia
Russia
(1) Federal Atomic Power of Russia
(Rusatom) (any entities, institutes, or
centers associated with), a.k.a. the
following three aliases:
—Federal Atomic Agency (FAAE);
—MINATOM; and
—Ministry of Atomic Power and
Industry (MAPI).
Located in either Snezhinsk or Kremlev
(Sarov).
The removal of this entity from the
Entity List eliminates the existing
license requirements in Supplement No.
4 to part 744 for exports, reexports and
transfers (in-country) to this entity,
although those licensing requirements
remain in place for VNIITF and VNIIEF.
Moreover, the removal of this entity
from the Entity List does not relieve
persons of other obligations under part
744 of the EAR or under other parts of
the EAR. Neither the removal of an
entity from the Entity List nor the
removal of Entity List-based license
requirements relieves persons of their
obligations under General Prohibition 5
in section 736.2(b)(5) of the EAR which
provides that, ‘‘you may not, without a
license, knowingly export or reexport
any item subject to the EAR to an enduser or end-use that is prohibited by
part 744 of the EAR.’’ Nor do these
removals relieve persons of their
obligation to apply for export, reexport
or in-country transfer licenses required
by other provisions of the EAR. BIS
strongly urges the use of Supplement
No. 3 to part 732 of the EAR, ‘‘BIS’s
‘Know Your Customer’ Guidance and
Red Flags,’’ when persons are involved
in transactions that are subject to the
EAR.
(1) *All-Russian Scientific Research
Institute of Technical Physics (VNIITF),
a.k.a., the following eight aliases:
*—Vserossiyskiy NauchnoIssledovatelskiy Institut
Tekhnicheskoy Fiziki;
*—Russian Federal Nuclear CenterVNIITF (RFNC–VNIITF);
*—Kasli Nuclear Weapons Development
Center;
*—Institute of Technical Physics;
*—Zababakhin Institute;
*—ARITP (All Russian Institute for
Technical Physics);
—Federal State Unitary Enterprise
Russian Federal Nuclear Center—
Academician E.I. Zababkhin AllRussian Scientific Research Institute
of Technical Physics (FGUPRFYaTs–
VNIITF)
—Chelyabinsk—70,
(Address: P.O. Box 245, 456770,
Snezhinsk, Chelyabinsk Region Russia);
and
*Any nuclear-related entities, institutes
or centers located in Snezhinsk.
(2) *All-Russian Scientific Research
Institute of Experimental Physics
(VNIIEF), a.k.a., the following nine
aliases:
*—Vserossiyskiy NauchnoIssledovatelskiy Institut
Eksperimentalnoy Fiziki;
*—Russian Federal Nuclear CenterVNIIEF (RFNC–VNIIEF);
*—Institute of Experimental Physics;
*—ARIEP (All Russian Institute for
Experimental Physics);
—Khariton Institute;
—Sarov Nuclear Weapons Plant;
—Avangard Electromechanical Plant;
—Federal State Unitary Enterprise
Russian Federal Nuclear Center—All
Russian Scientific Research Institute
of Experimental Physics (FGUPRFNCs
VNIIEF)
—Arzamas—16,
(Address: 37 Mira Ave. Sarov, Nizhny
Novgorod Region, 607188 Russia); and
* Any nuclear-related entities, institutes
or centers located in Sarov (Kremlev).
A BIS license is required for the
export, reexport or transfer (in-country)
of any item subject to the EAR to the
persons described above, including any
transaction in which this listed entity
will act as purchaser, intermediate
consignee, ultimate consignee, or enduser of the items. This listing of these
entities also prohibits the use of license
exceptions (see part 740 of the EAR) for
exports, reexports and transfers (incountry) of items subject to the EAR
involving this entity.
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
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B. Modifications to the Entity List
As noted above, this rule is removing
the Russian entity Rusatom, which is
now known as Rosatom, from the Entity
List. However, and also as noted above,
because Rosatom has components
(VNIITF and VNIIEF) located in
Snezhinsk and Sarov that will remain
on the Entity List, this final rule
specifies that VNIITF and VNIIEF will
remain on the Entity List.
In addition, the changes in the final
rule include adding additional aliases
and revising some of the existing aliases
for VNIITF and VNIIEF to better assist
exporters, reexporters and transferors in
identifying these two entities on the
Entity List. Specifically, this rule revises
the following two persons on the Entity
List:
Note: The asterisks below indicate where
revisions are being made to these two
Russian entries on the Entity List.
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13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the
Notice of August 12, 2010, 75 FR 50681
(August 16, 2010), has continued the
Export Administration Regulations in
effect under the International
Emergency Economic Powers Act.
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 designated a ‘‘significant
regulatory action’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed
by the Office of Management and
Budget.
2. Notwithstanding any other
provision of law, no person is required
to respond to nor 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 the OMB under control
numbers 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748.
Miscellaneous and recordkeeping
activities account for 12 minutes per
submission. Total burden hours
associated with the Paperwork
Reduction Act and Office and
Management and Budget control
number 0694–0088 are not expected to
increase as a result of this rule. You may
send comments regarding the collection
of information associated with this rule,
including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of
Management and Budget (OMB), by email to Jasmeet_K._Seehra@omb.
eop.gov, or by fax to (202) 395–7285.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
rulemaking, the opportunity for public
comment and a delay in effective date
are inapplicable because this regulation
involves a military or foreign affairs
function of the United States. (See 5
U.S.C. 553(a)(1)). The U.S.
Government’s original basis for adding
the entities affected by this rule to the
Entity List was the entities’ involvement
in activities contrary to U.S. national
security or foreign policy interests. BIS
implements this rule to further protect
U.S. national security and foreign policy
interests by preventing items from being
exported, reexported or transferred (incountry) to these persons listed on the
Entity List by making clarifications to
the existing entries to inform exporters,
reexporters and persons making
transfers (in-country) of the intended
scope of the license requirements for
these listed persons. This action does
this by clarifying the listings of VNIITF
and VNIIEF, clarifying the names of
existing aliases, and adding aliases for
the listed persons. If this rule were
delayed to allow for notice and
comment and a delay in effective date,
there is a chance that certain exporters,
reexporters and persons making
transfers (in-country) to these listed
persons may inadvertently export,
reexport or transfer (in-country) to a
listed person on the Entity List because
the exporter, reexporter or person
making the transfer (in-country) did not
realize the listed person was subject to
the Entity List-based license
requirement because of perceived
ambiguity regarding the listed person,
such as a perceived ambiguity resulting
from the use of an alias by a listed
person. There is also a chance an
exporter, reexporter or person making a
transfer (in-country) may turn away a
potential export, reexport, or transfer
(in-country) because the customer
incorrectly appeared to be within the
scope of a listed person on the Entity
List, thereby harming U.S. economic
interests. The clarification of language
provided in this rule may make clear
that the person was not subject to an
Entity List-based license requirement.
For these reasons there is a public
interest that these changes be
implemented as a final action. Further,
no other law requires that a notice of
proposed rulemaking and an
opportunity for public comment be
given for this rule. 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.
PART 744—[AMENDED]
1. The authority citation for 15 CFR
part 744 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 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.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; 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 August 12, 2010, 75 FR 50681
(August 16, 2010); Notice of November 4,
2010, 75 FR 68673 (November 8, 2010);
Notice of January 13, 2011, 76 FR 3009
(January 18, 2011).
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:
License
requirement
Country
*
*
All-Russian Scientific Research Institute of Technical Physics (VNIITF), a.k.a., the following
eight aliases:
Supplement No. 4 to Part 744—Entity
List
License review policy
Federal Register
citation
*
For all items subject to
the EAR.
*
*
Case-by-case basis .......
*
62 FR 35334, 6/30/97
66 FR 24267, 5/14/01
75 FR 78883, 12/17/
10.
***76 FR [INSERT FR
PAGE NUMBER] 5/
24/11.
For all items subject to
the EAR.
Case-by-case basis .......
62 FR 35334, 6/30/97
66 FR 24267, 5/14/01
75 FR 78883, 12/17/
10.
Entity
*
RUSSIA .....
2. Supplement No. 4 to part 744 is
amended:
■ a. By removing under Russia, the
Russian entity, Federal Atomic Power of
Russia (Rusatom); and
■ b. By revising, under Russia, the
following two Russian entities: AllRussian Scientific Research Institute of
Technical Physics (VNIITF) and AllRussian Scientific Research Institute of
Experimental Physics (VNIIEF).
The revisions read as follows:
■
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
—Vserossiyskiy
Nauchno-Issledovatelskiy
Institut Tekhnicheskoy Fiziki;
—Russian Federal Nuclear Center-VNIITF
(RFNC–VNIITF);
—Kasli Nuclear Weapons Development Center;
—Institute of Technical Physics;
—Zababakhin Institute;
—ARITP (All Russian Institute for Technical
Physics);
—Federal State Unitary Enterprise Russian
Federal Nuclear Center—Academician E.I.
Zababkhin All-Russian Scientific Research Institute of Technical Physics (FGUPRFYaTs-VNIITF)
—Chelyabinsk-70, (Address: P.O. Box 245,
456770, Snezhinsk, Chelyabinsk Region Russia);
and any nuclear-related entities, institutes, or
centers located in Snezhinsk.
All-Russian Scientific Research Institute of Experimental Physics (VNIIEF), a.k.a., the following nine aliases:
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Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Rules and Regulations
Country
License
requirement
Entity
License review policy
—Vserossiyskiy
Nauchno-Issledovatelskiy
Institut Eksperimentalnoy Fiziki;
Federal Register
citation
***76 FR [INSERT FR
PAGE NUMBER], 5/
24/11.
—Russian Federal Nuclear Center-VNIIEF
(RFNC–VNIIEF);
—Institute of Experimental Physics;
—ARIEP (All Russian Institute for Experimental
Physics);
—Khariton Institute;
—Sarov Nuclear Weapons Plant;
—Avangard Electromechanical Plant;
—Federal State Unitary Enterprise Russian
Federal Nuclear Center—All Russian Scientific
Research Institute of Experimental Physics
(FGUPRFNCs VNIIEF)
—Arzamas-16, (Address: 37 Mira Ave. Sarov,
Nizhny Novgorod Region, 607188 Russia); and
any nuclear-related entities, institutes or centers
located in Sarov (Kremlev)
*
*
*
Dated: May 19, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2011–12803 Filed 5–23–11; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF STATE
22 CFR Part 126
RIN 1400–AC83
[Public Notice 7466]
Amendment to the International Traffic
in Arms Regulations: Libya
Department of State.
Final rule.
AGENCY:
ACTION:
The Department of State is
amending the International Traffic in
Arms Regulations (ITAR) to update the
policy regarding Libya to reflect the
United Nations Security Council arms
embargoes adopted in February and
March.
SUMMARY:
Effective Date: This rule is
effective May 24, 2011.
DATES:
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
FOR FURTHER INFORMATION CONTACT:
Nicholas Memos, Office of Defense
Trade Controls Policy, Department of
State, by telephone: (202) 663–2804; fax:
(202) 261–8199; or e-mail:
memosni@state.gov. Attn: Part 126,
Libya.
On
February 26, 2011, the United Nations
Security Council adopted Resolution
1970, paragraph 9 of which provides
that U.N. member states shall
immediately take the necessary
measures to prevent the sale, supply or
SUPPLEMENTARY INFORMATION:
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*
*
*
*
transfer of arms and related materiel of
all types to the Libyan Arab Jamahiriya,
with certain exceptions. Additionally,
on March 17, 2011, the U.N. Security
Council adopted Resolution 1973,
paragraph 4 of which authorizes
member states to take all necessary
measures, notwithstanding the arms
embargo established by paragraph 9 of
Resolution 1970, to protect civilians and
civilian populated areas under threat of
attack in Libya. This rulemaking
implements the Security Council’s
actions within the ITAR by adding
Libya to § 126.1(c) and revising the
previous policy on Libya contained in
§ 126.1(k) to announce a policy of denial
for all requests for licenses or other
approvals to export or otherwise transfer
defense articles and services to Libya,
except where not prohibited under
UNSC embargo and determined to be in
the interests of the national security and
foreign policy of the United States.
and public procedure on this rule would
be impracticable, unnecessary, or
contrary to the public interest. See 5
U.S.C. 808(2).
Regulatory Analysis and Notices
Executive Order 13175
The Department has determined that
this rule will not have tribal
implications, will not impose
substantial direct compliance costs on
Indian tribal governments, and will not
pre-empt tribal law. Accordingly, the
requirements of Section 5 of Executive
Order 13175 do not apply to this rule.
Administrative Procedure Act
The Department of State is of the
opinion that controlling the import and
export of defense articles and services is
a foreign affairs function of the United
States Government and that rules
implementing this function are exempt
from § 553 (Rulemaking) and § 554
(Adjudications) of the Administrative
Procedure Act. Since this rule is exempt
from 5 U.S.C. 553, it is the view of the
Department of State that the provisions
of § 553(d) do not apply to this
rulemaking. Therefore, this rule is
effective upon publication. The
Department also finds that, given the
national security issues surrounding
U.S. policy towards Libya, that notice
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Regulatory Flexibility Act
Since this amendment is not subject
to the notice-and-comment procedures
of 5 U.S.C. 553, it does not require
analysis under the Regulatory
Flexibility Act.
Unfunded Mandates Reform Act of 1995
This amendment does not involve a
mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
Small Business Regulatory Enforcement
Fairness Act of 1996
This amendment has been found not
to be a major rule within the meaning
of the Small Business Regulatory
Enforcement Fairness Act of 1996.
Executive Orders 12372 and 13132
This amendment will not have
substantial direct effects on the States,
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]]>Agencies
[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Rules and Regulations]
[Pages 29998-30001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12803]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 110502271-1278-01]
RIN 0694-AF24
Removal and Modifications for Persons Listed Under Russia 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 removing one and revising two Russian entries on the Entity
List (Supplement No. 4 to Part 744). This final rule removes the
Federal Atomic Power of Russia (Rusatom) (now known as the Russian
State Corporation of Atomic Energy (Rosatom)) entry from the Entity
List and adds language clarifying that both the All-Russian Scientific
Research Institute of Technical Physics (VNIITF) and the All-Russian
Scientific Research Institute of Experimental Physics (VNIIEF), which
are Rosatom components, remain on the Entity List. In addition, this
rule adds additional aliases and revises some of the existing aliases
for the two Russian entries that are being retained on the Entity List.
These changes will better inform exporters, reexporters, and
transferors of the scope of these Entity List-based license
requirements.
The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to parties identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that availability of license exceptions in such transactions
is limited.
DATES: Effective Date: This rule is effective May 24, 2011.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, Department of
Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, E-mail:
ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List provides notice to the public that certain exports,
reexports, and transfers (in-country) to entities identified on the
Entity List require a license from the Bureau of Industry and Security
(BIS) and that the availability of license exceptions in such
transactions is limited. Entities are placed on the Entity List on the
basis of certain sections of part 744 (Control Policy: End-User and
End-Use Based) of the EAR.
The End-User Review Committee (ERC), composed of representatives of
the Departments of Commerce (Chair), State, Defense, Energy and, when
appropriate, the Treasury, makes all decisions to make additions to,
removals from and other changes to the Entity List. The ERC makes all
decisions to add an entry to the Entity List by majority vote and all
decisions to remove or modify an entry by unanimous vote. The
Departments represented on the ERC approved these changes to the Entity
List.
Entity List Decisions
In recognition of the bilateral partnership between the United
States and Russia, a policy decision was made by the Departments
represented on the ERC to clarify the Russian entries on the Entity
List by removing one and revising two Russian entities listed on the
Entity List. The decision implemented by this final rule includes
removing the Federal Atomic Power of Russia (Rusatom) (which is now
known as the Russian State Corporation of Atomic Energy (Rosatom)) as
an individual entry on the Entity List and adding language to clarify
that two specified Russian entries (i.e., the All-Russian Scientific
Research Institute of Technical Physics (VNIITF) and the All-Russian
Scientific Research Institute of Experimental Physics (VNIIEF)) which
are Rosatom components, are both remaining on the Entity List. These
revisions further clarify that VNIITF and VNIIEF are the only Rosatom
components remaining on the Entity List. This language is being added
to clarify that neither Rosatom at locations outside of Snezhinsk and
Sarov nor any of its components or subsidiaries located outside of
Snezhinsk and Sarov are subject to the Entity List's supplemental
licensing requirements and policies.
In addition, this rule adds other aliases and revises some of the
existing aliases for the two Russian entries that are being retained on
the Entity List. These changes will better inform exporters,
reexporters, and transferors of the scope of these Entity List-based
license requirements.
A. Removal From the Entity List
This rule implements a policy decision made by the Departments
represented on the ERC to remove one Russian entity from the Entity
List. Specifically, this rule removes the Federal Atomic Power of
Russia (Rusatom), which is now known as the Russian State Corporation
of Atomic Energy (Rosatom) from the Entity List. However, VNIITF and
VNIIEF will remain on the Entity List. Moreover, this rule adds and
revises particular aliases of VNIITF and VNIIEF to the Entity List to
better assist exporters, reexporters and transferors in identifying
these two entities on the Entity List.
This rule removes the following person located in Russia from the
Entity List:
[[Page 29999]]
Russia
(1) Federal Atomic Power of Russia (Rusatom) (any entities,
institutes, or centers associated with), a.k.a. the following three
aliases:
--Federal Atomic Agency (FAAE);
--MINATOM; and
--Ministry of Atomic Power and Industry (MAPI).
Located in either Snezhinsk or Kremlev (Sarov).
The removal of this entity from the Entity List eliminates the
existing license requirements in Supplement No. 4 to part 744 for
exports, reexports and transfers (in-country) to this entity, although
those licensing requirements remain in place for VNIITF and VNIIEF.
Moreover, the removal of this entity from the Entity List does not
relieve persons of other obligations under part 744 of the EAR or under
other parts of the EAR. Neither the removal of an entity from the
Entity List nor the removal of Entity List-based license requirements
relieves persons of their obligations under General Prohibition 5 in
section 736.2(b)(5) of the EAR which provides that, ``you may not,
without a license, knowingly export or reexport any item subject to the
EAR to an end-user or end-use that is prohibited by part 744 of the
EAR.'' Nor do these removals relieve persons of their obligation to
apply for export, reexport or in-country transfer licenses required by
other provisions of the EAR. BIS strongly urges the use of Supplement
No. 3 to part 732 of the EAR, ``BIS's `Know Your Customer' Guidance and
Red Flags,'' when persons are involved in transactions that are subject
to the EAR.
B. Modifications to the Entity List
As noted above, this rule is removing the Russian entity Rusatom,
which is now known as Rosatom, from the Entity List. However, and also
as noted above, because Rosatom has components (VNIITF and VNIIEF)
located in Snezhinsk and Sarov that will remain on the Entity List,
this final rule specifies that VNIITF and VNIIEF will remain on the
Entity List.
In addition, the changes in the final rule include adding
additional aliases and revising some of the existing aliases for VNIITF
and VNIIEF to better assist exporters, reexporters and transferors in
identifying these two entities on the Entity List. Specifically, this
rule revises the following two persons on the Entity List:
Note: The asterisks below indicate where revisions are being
made to these two Russian entries on the Entity List.
Russia
(1) *All-Russian Scientific Research Institute of Technical Physics
(VNIITF), a.k.a., the following eight aliases:
*--Vserossiyskiy Nauchno-Issledovatelskiy Institut Tekhnicheskoy
Fiziki;
*--Russian Federal Nuclear Center-VNIITF (RFNC-VNIITF);
*--Kasli Nuclear Weapons Development Center;
*--Institute of Technical Physics;
*--Zababakhin Institute;
*--ARITP (All Russian Institute for Technical Physics);
--Federal State Unitary Enterprise Russian Federal Nuclear Center--
Academician E.I. Zababkhin All-Russian Scientific Research Institute of
Technical Physics (FGUPRFYaTs-VNIITF)
--Chelyabinsk--70,
(Address: P.O. Box 245, 456770, Snezhinsk, Chelyabinsk Region Russia);
and
*Any nuclear-related entities, institutes or centers located in
Snezhinsk.
(2) *All-Russian Scientific Research Institute of Experimental
Physics (VNIIEF), a.k.a., the following nine aliases:
*--Vserossiyskiy Nauchno-Issledovatelskiy Institut Eksperimentalnoy
Fiziki;
*--Russian Federal Nuclear Center-VNIIEF (RFNC-VNIIEF);
*--Institute of Experimental Physics;
*--ARIEP (All Russian Institute for Experimental Physics);
--Khariton Institute;
--Sarov Nuclear Weapons Plant;
--Avangard Electromechanical Plant;
--Federal State Unitary Enterprise Russian Federal Nuclear Center--All
Russian Scientific Research Institute of Experimental Physics
(FGUPRFNCs VNIIEF)
--Arzamas--16,
(Address: 37 Mira Ave. Sarov, Nizhny Novgorod Region, 607188 Russia);
and
* Any nuclear-related entities, institutes or centers located in Sarov
(Kremlev).
A BIS license is required for the export, reexport or transfer (in-
country) of any item subject to the EAR to the persons described above,
including any transaction in which this listed entity will act as
purchaser, intermediate consignee, ultimate consignee, or end-user of
the items. This listing of these entities also prohibits the use of
license exceptions (see part 740 of the EAR) for exports, reexports and
transfers (in-country) of items subject to the EAR involving this
entity.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 12,
2010, 75 FR 50681 (August 16, 2010), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.
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 designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
2. Notwithstanding any other provision of law, no person is
required to respond to nor 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 the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748.
Miscellaneous and recordkeeping activities account for 12 minutes per
submission. Total burden hours associated with the Paperwork Reduction
Act and Office and Management and Budget control number 0694-0088 are
not expected to increase as a result of this rule. You may send
comments regarding the collection of information associated with this
rule, including suggestions for reducing the burden, to Jasmeet K.
Seehra, Office of Management and Budget (OMB), by e-mail to Jasmeet--
K.--Seehra@omb. eop.gov, or by fax to (202) 395-7285.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
[[Page 30000]]
rulemaking, the opportunity for public comment and a delay in effective
date are inapplicable because this regulation involves a military or
foreign affairs function of the United States. (See 5 U.S.C.
553(a)(1)). The U.S. Government's original basis for adding the
entities affected by this rule to the Entity List was the entities'
involvement in activities contrary to U.S. national security or foreign
policy interests. BIS implements this rule to further protect U.S.
national security and foreign policy interests by preventing items from
being exported, reexported or transferred (in-country) to these persons
listed on the Entity List by making clarifications to the existing
entries to inform exporters, reexporters and persons making transfers
(in-country) of the intended scope of the license requirements for
these listed persons. This action does this by clarifying the listings
of VNIITF and VNIIEF, clarifying the names of existing aliases, and
adding aliases for the listed persons. If this rule were delayed to
allow for notice and comment and a delay in effective date, there is a
chance that certain exporters, reexporters and persons making transfers
(in-country) to these listed persons may inadvertently export, reexport
or transfer (in-country) to a listed person on the Entity List because
the exporter, reexporter or person making the transfer (in-country) did
not realize the listed person was subject to the Entity List-based
license requirement because of perceived ambiguity regarding the listed
person, such as a perceived ambiguity resulting from the use of an
alias by a listed person. There is also a chance an exporter,
reexporter or person making a transfer (in-country) may turn away a
potential export, reexport, or transfer (in-country) because the
customer incorrectly appeared to be within the scope of a listed person
on the Entity List, thereby harming U.S. economic interests. The
clarification of language provided in this rule may make clear that the
person was not subject to an Entity List-based license requirement. For
these reasons there is a public interest that these changes be
implemented as a final action. Further, no other law requires that a
notice of proposed rulemaking and an opportunity for public comment be
given for this rule. 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.
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:
PART 744--[AMENDED]
0
1. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 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. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; 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 August 12, 2010, 75 FR 50681
(August 16, 2010); Notice of November 4, 2010, 75 FR 68673 (November
8, 2010); Notice of January 13, 2011, 76 FR 3009 (January 18, 2011).
0
2. Supplement No. 4 to part 744 is amended:
0
a. By removing under Russia, the Russian entity, Federal Atomic Power
of Russia (Rusatom); and
0
b. By revising, under Russia, the following two Russian entities: All-
Russian Scientific Research Institute of Technical Physics (VNIITF) and
All-Russian Scientific Research Institute of Experimental Physics
(VNIIEF).
The revisions read as follows:
Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
Federal Register
Country Entity License requirement License review policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
RUSSIA............. All-Russian Scientific For all items subject Case-by-case basis... 62 FR 35334, 6/30/97
Research Institute of to the EAR. 66 FR 24267, 5/14/01
Technical Physics 75 FR 78883, 12/17/
(VNIITF), a.k.a., the 10.
following eight
aliases:
--Vserossiyskiy ***76 FR [INSERT FR
Nauchno- PAGE NUMBER] 5/24/
Issledovatelskiy 11.
Institut Tekhnicheskoy
Fiziki;
--Russian Federal
Nuclear Center-VNIITF
(RFNC-VNIITF);
--Kasli Nuclear
Weapons Development
Center;
--Institute of
Technical Physics;
--Zababakhin
Institute;
--ARITP (All Russian
Institute for
Technical Physics);
--Federal State
Unitary Enterprise
Russian Federal
Nuclear Center--
Academician E.I.
Zababkhin All-Russian
Scientific Research
Institute of Technical
Physics (FGUPRFYaTs-
VNIITF)
--Chelyabinsk-70,
(Address: P.O. Box
245, 456770,
Snezhinsk, Chelyabinsk
Region Russia); and
any nuclear-related
entities, institutes,
or centers located in
Snezhinsk.
All-Russian Scientific For all items subject Case-by-case basis... 62 FR 35334, 6/30/97
Research Institute of to the EAR. 66 FR 24267, 5/14/01
Experimental Physics 75 FR 78883, 12/17/
(VNIIEF), a.k.a., the 10.
following nine
aliases:
[[Page 30001]]
--Vserossiyskiy ***76 FR [INSERT FR
Nauchno- PAGE NUMBER], 5/24/
Issledovatelskiy 11.
Institut
Eksperimentalnoy
Fiziki;
--Russian Federal
Nuclear Center-VNIIEF
(RFNC-VNIIEF);
--Institute of
Experimental Physics;
--ARIEP (All Russian
Institute for
Experimental Physics);
--Khariton
Institute;
--Sarov Nuclear
Weapons Plant;
--Avangard
Electromechanical
Plant;
--Federal State
Unitary Enterprise
Russian Federal
Nuclear Center--All
Russian Scientific
Research Institute of
Experimental Physics
(FGUPRFNCs VNIIEF)
--Arzamas-16,
(Address: 37 Mira Ave.
Sarov, Nizhny Novgorod
Region, 607188
Russia); and any
nuclear-related
entities, institutes
or centers located in
Sarov (Kremlev)
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: May 19, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-12803 Filed 5-23-11; 8:45 am]
BILLING CODE 3510-33-P
