Addition of Certain Entities to the Entity List, 60304-60306 [2017-27388]
Download as PDF
<![CDATA[
60304
Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
decisions regarding additions to,
removals from, or other modifications to
the Entity List. The ERC makes
decisions to add an entry to the Entity
List by majority vote and decisions to
remove or modify an entry by
unanimous vote. The Departments
represented on the ERC have approved
these changes to the Entity List.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 140908761–7999–02]
RIN 0694—AG29
Addition of Certain Entities to the
Entity List
ERC Entity List Decisions
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
This rule amends the Export
Administration Regulations (EAR) by
adding two entities to the Entity List.
The two entities being added to the
Entity List have been determined by the
U.S. Government to be acting contrary
to the national security or foreign policy
interests of the United States. These two
entities will be listed on the Entity List
under the destination of Russia.
DATES: This rule is effective December
20, 2017.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary, Export
Administration, Bureau of Industry and
Security, Department of Commerce,
Phone: (202) 482–5991, Email: ERC@
bis.doc.gov.
SUPPLEMENTARY INFORMATION:
ethrower on DSK3G9T082PROD with RULES
SUMMARY:
Background
The Entity List (Supplement No. 4 to
part 744 of the Export Administration
Regulations (EAR)) identifies entities
and other persons reasonably believed
to be involved, or to 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 imposes
additional license requirements on, and
limits the availability of most license
exceptions for, exports, reexports, and
transfers (in-country) to those listed.
The ‘‘license review policy’’ for each
listed entity or other person 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 Federal Register
document adding entities or other
persons to the Entity List. BIS places
entities and other persons on the Entity
List pursuant to sections of 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
VerDate Sep<11>2014
16:19 Dec 19, 2017
Jkt 244001
Additions to the Entity List
This rule implements the decision of
the ERC to add two entities to the Entity
List. These two entities are being added
on the basis of § 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 two entries
added to the Entity List consist of two
entities located in Russia.
Under § 744.11(b) (Criteria for
revising the Entity List) of the EAR,
persons for whom there is reasonable
cause to believe, based on specific and
articulable facts, that they have been
involved, are involved, or pose a
significant risk of being or becoming
involved in, activities that are contrary
to the national security or foreign policy
interests of the United States and those
acting on behalf of such persons may be
added to the Entity List. Paragraphs
(b)(1) through (b)(5) of § 744.11 provide
an illustrative list of activities that could
be contrary to the national security or
foreign policy interests of the United
States.
BIS, pursuant to Section 744.11(b) of
the EAR, and in consultation with the
Departments of State, Defense, Energy
and the Treasury, has designated the
two persons, located in the Russian
Federation, to be added to the Entity
List for actions contrary to the national
security or foreign policy interests of the
United States. Specifically, these
entities produced, for the Russian
Federation Ministry of Defense, a
ground-launched cruise missile system,
and associated transporter-erectorlauncher, with a range prohibited by the
Intermediate-Range Nuclear Forces
Treaty. Both the Russian Federation and
the United States are party to the INF
Treaty. Therefore, there is reasonable
cause to believe, based on specific and
articulable facts, that Joint Stock
Company Experimental Design Bureau
Novator, and Joint Stock Company
Federal Scientific and Production
Center Titan-Barrikady have been
involved in actions contrary to the
national security or foreign policy
interests of the United States.
The prior review of exports, reexports
or transfers (in-country) of all items
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
subject to the EAR involving these
persons, and the possible imposition of
license conditions or license denials on
shipments to the persons, will enhance
BIS’s ability to prevent use of items
subject to the EAR contrary to U.S.
national security or foreign policy
interests.
For the two persons added to the
Entity List, BIS imposes a license
requirement for all items subject to the
EAR, and a license review policy of
presumption of denial. The license
requirements apply to any transaction in
which items are to be exported,
reexported, or transferred (in-country) to
either of the persons or in which such
persons act as purchaser, intermediate
consignee, ultimate consignee, or enduser. 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. The acronym ‘‘a.k.a.’’ (also known
as) is used in entries on the Entity List
to identify aliases and help exporters,
reexporters and transferors to better
identify persons on the Entity List.
This final rule adds the following two
entities to the Entity List:
Russia
(1) Joint Stock Company Experimental
Design Bureau Novator, a.k.a., the
following two aliases:
—Novator Design Bureau; and
—JSC OKB Novator.
18 Prospekt Kosmonavtov, 620017
Yekaterinburg, Russia; and
(2) Joint Stock Company Federal
Scientific and Production Center TitanBarrikady, a.k.a., the following three
aliases:
—Federal Research and Production
Center Titan Barrikady JSC;
—Titan Design Bureau; and
—JSC FNPTS Titan-Barrikady.
Prospekt Imeni V.I. Lenina, b/n
400071, Volgograd, Russia.
Export Administration Act of 1979
Although the Export Administration
Act of 1979 expired on August 20, 2001,
the President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013) and
as extended by the Notice of August 15,
2017, 82 FR 39005 (August 16, 2017),
has continued the Export
Administration Regulations in effect
under the International Emergency
Economic Powers Act. BIS continues to
carry out the provisions of the Export
Administration Act of 1979, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
E:\FR\FM\20DER1.SGM
20DER1
60305
Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
13222, as amended by Executive Order
13637.
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. This rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
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 OMB under control
number 0694–0088, Simplified Network
Application Processing System, which
includes, among other things, license
applications, and carries a burden
estimate of 43.8 minutes for a manual or
electronic submission.
Total burden hours associated with
the PRA and OMB 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
Country
Entity
*
License requirement
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]
1. The authority citation for part 744
is revised to read as follows:
■
Authority: 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. 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 January
13, 2017, 82 FR 6165 (January 18, 2017);
Notice of August 15, 2017, 82 FR 39005
(August 16, 2017); Notice of September 18,
2017, 82 FR 43825 (September 19, 2017);
Notice of November 6, 2017, 82 FR 51971
(November 8, 2017).
2. Supplement No. 4 to part 744 is
amended by adding under Russia, two
Russian entities.
The additions read as follows:
■
Supplement No. 4 to Part 744—Entity
List
*
*
*
*
License review policy
*
Federal Register citation
*
*
*
*
*
*
*
*
*
*
*
Joint Stock Company Experimental Design Bureau Novator, a.k.a., the following two aliases:
—Novator Design Bureau; and
—JSC OKB Novator.
18 Prospekt Kosmonavtov, 620017
Yekaterinburg, Russia.
VerDate Sep<11>2014
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. Accordingly, no
regulatory flexibility analysis is required
and none has been prepared.
*
RUSSIA ............
ethrower on DSK3G9T082PROD with RULES
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. For the two persons added to the
Entity List in this final rule, the
provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking, the
opportunity for public participation and
a 30-day delay in effective date are
inapplicable because this regulation
involves a military or foreign affairs
function of the United States (5 U.S.C.
553(a)(1)). BIS implementation of this
rule is necessary to protect U.S. national
security or foreign policy interests by
preventing items from being exported,
reexported, or transferred (in-country) to
the persons being added to the Entity
List. If this rule were delayed to allow
for notice and comment and a delay in
effective date, the entities being added
to the Entity List by this action would
continue to be able to receive items
without a license and to conduct
activities contrary to the national
security or foreign policy interests of the
United States. In addition, publishing a
proposed rule would give these parties
notice of the U.S. Government’s
intention to place them on the Entity
List, which could create an incentive for
these persons to accelerate receiving
items subject to the EAR to conduct
activities that are contrary to the
national security or foreign policy
interests of the United States, including
taking steps to set up additional aliases,
change addresses, and other measures to
try to limit the impact of the listing on
the Entity List once a final rule is
published. Further, no other law
requires that a notice of proposed
rulemaking and an opportunity for
16:19 Dec 19, 2017
Jkt 244001
PO 00000
For all items subject to
the EAR. (See § 744.11
of the EAR).
Frm 00025
Fmt 4700
Sfmt 4700
Presumption of denial ......
E:\FR\FM\20DER1.SGM
20DER1
82 FR [INSERT FR PAGE
NUMBER], December
12/20/17.
60306
Federal Register / Vol. 82, No. 243 / Wednesday, December 20, 2017 / Rules and Regulations
Country
Entity
License requirement
License review policy
Federal Register citation
Joint Stock Company Federal Scientific
and
Production
Center
TitanBarrikady, a.k.a., the following three
aliases:
—Federal Research and Production
Center Titan Barrikady JSC;
—Titan Design Bureau; and
—JSC FNPTS Titan-Barrikady.
Prospekt Imeni V.I. Lenina, b/n 400071,
Volgograd, Russia.
For all items subject to
the EAR. (See § 744.11
of the EAR).
Presumption of denial ......
82 FR [INSERT FR PAGE
NUMBER], 12/20/17.
*
*
*
Dated: December 15, 2017.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 880
[Docket No. FDA–2017–N–6570]
Medical Devices; General Hospital and
Personal Use Devices; Classification
of the Image Processing Device for
Estimation of External Blood Loss
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA or we) is
classifying the image processing device
for estimation of external blood loss into
class II (special controls). The special
controls that apply to the device type
are identified in this order and will be
part of the codified language for the
image processing device for estimation
of external blood loss’ classification. We
are taking this action because we have
determined that classifying the device
into class II (special controls) will
provide a reasonable assurance of safety
and effectiveness of the device. We
believe this action will also enhance
patients’ access to beneficial innovative
devices, in part by reducing regulatory
burdens.
DATES: This order is effective December
20, 2017. The classification was
applicable on May 9, 2014.
FOR FURTHER INFORMATION CONTACT:
Jitendra Virani, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. G459, Silver Spring,
ethrower on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:19 Dec 19, 2017
*
MD 20993–0002, 301–796–6398,
Jitendra.Virani@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–27388 Filed 12–19–17; 8:45 am]
AGENCY:
*
Jkt 244001
I. Background
Upon request, FDA has classified the
image processing device for estimation
of external blood loss as class II (special
controls), which we have determined
will provide a reasonable assurance of
safety and effectiveness. In addition, we
believe this action will enhance
patients’ access to beneficial innovation,
in part by reducing regulatory burdens
by placing the device into a lower
device class than the automatic class III
assignment.
The automatic assignment of class III
occurs by operation of law and without
any action by FDA, regardless of the
level of risk posed by the new device.
Any device that was not in commercial
distribution before May 28, 1976, is
automatically classified as, and remains
within, class III and requires premarket
approval unless and until FDA takes an
action to classify or reclassify the device
(see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
devices’’ because they were not in
commercial distribution prior to the
date of enactment of the Medical Device
Amendments of 1976, which amended
the Federal Food, Drug, and Cosmetic
Act (FD&C Act).
FDA may take a variety of actions in
appropriate circumstances to classify or
reclassify a device into class I or II. We
may issue an order finding a new device
to be substantially equivalent under
section 513(i) of the FD&C Act (21
U.S.C. 360c(i)) to a predicate device that
does not require premarket approval.
We determine whether a new device is
substantially equivalent to a predicate
by means of the procedures for
premarket notification under section
510(k) of the FD&C Act and part 807 (21
U.S.C. 360(k) and 21 CFR part 807,
respectively).
FDA may also classify a device
through ‘‘De Novo’’ classification, a
common name for the process
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
*
*
authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and
Drug Administration Modernization Act
of 1997 established the first procedure
for De Novo classification (Pub. L. 105–
115). Section 607 of the Food and Drug
Administration Safety and Innovation
Act modified the De Novo application
process by adding a second procedure
(Pub. L. 112–144). A device sponsor
may utilize either procedure for De
Novo classification.
Under the first procedure, the person
submits a 510(k) for a device that has
not previously been classified. After
receiving an order from FDA classifying
the device into class III under section
513(f)(1) of the FD&C Act, the person
then requests a classification under
section 513(f)(2).
Under the second procedure, rather
than first submitting a 510(k) and then
a request for classification, if the person
determines that there is no legally
marketed device upon which to base a
determination of substantial
equivalence, that person requests a
classification under section 513(f)(2) of
the FD&C Act.
Under either procedure for De Novo
classification, FDA shall classify the
device by written order within 120 days.
The classification will be according to
the criteria under section 513(a)(1) of
the FD&C Act. Although the device was
automatically placed within class III,
the De Novo classification is considered
to be the initial classification of the
device.
We believe this De Novo classification
will enhance patients’ access to
beneficial innovation, in part by
reducing regulatory burdens. When FDA
classifies a device into class I or II via
the De Novo process, the device can
serve as a predicate for future devices of
that type, including for 510(k)s (see 21
U.S.C. 360c(f)(2)(B)(i)). As a result, other
device sponsors do not have to submit
a De Novo request or premarket
approval application (PMA) in order to
market a substantially equivalent device
(see 21 U.S.C. 360c(i), defining
E:\FR\FM\20DER1.SGM
20DER1
]]>Agencies
[Federal Register Volume 82, Number 243 (Wednesday, December 20, 2017)]
[Rules and Regulations]
[Pages 60304-60306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27388]
[[Page 60304]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 140908761-7999-02]
RIN 0694--AG29
Addition of Certain Entities to the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Export Administration Regulations (EAR)
by adding two entities to the Entity List. The two entities being added
to the Entity List have been determined by the U.S. Government to be
acting contrary to the national security or foreign policy interests of
the United States. These two entities will be listed on the Entity List
under the destination of Russia.
DATES: This rule is effective December 20, 2017.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to part 744 of the Export
Administration Regulations (EAR)) identifies entities and other persons
reasonably believed to be involved, or to 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
imposes additional license requirements on, and limits the availability
of most license exceptions for, exports, reexports, and transfers (in-
country) to those listed. The ``license review policy'' for each listed
entity or other person 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 Federal Register document adding
entities or other persons to the Entity List. BIS places entities and
other persons on the Entity List pursuant to sections of 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
decisions to add an entry to the Entity List by majority vote and
decisions to remove or modify an entry by unanimous vote. The
Departments represented on the ERC have approved these changes to the
Entity List.
ERC Entity List Decisions
Additions to the Entity List
This rule implements the decision of the ERC to add two entities to
the Entity List. These two entities are being added on the basis of
Sec. 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 two entries added to the Entity List
consist of two entities located in Russia.
Under Sec. 744.11(b) (Criteria for revising the Entity List) of
the EAR, persons for whom there is reasonable cause to believe, based
on specific and articulable facts, that they have been involved, are
involved, or pose a significant risk of being or becoming involved in,
activities that are contrary to the national security or foreign policy
interests of the United States and those acting on behalf of such
persons may be added to the Entity List. Paragraphs (b)(1) through
(b)(5) of Sec. 744.11 provide an illustrative list of activities that
could be contrary to the national security or foreign policy interests
of the United States.
BIS, pursuant to Section 744.11(b) of the EAR, and in consultation
with the Departments of State, Defense, Energy and the Treasury, has
designated the two persons, located in the Russian Federation, to be
added to the Entity List for actions contrary to the national security
or foreign policy interests of the United States. Specifically, these
entities produced, for the Russian Federation Ministry of Defense, a
ground-launched cruise missile system, and associated transporter-
erector-launcher, with a range prohibited by the Intermediate-Range
Nuclear Forces Treaty. Both the Russian Federation and the United
States are party to the INF Treaty. Therefore, there is reasonable
cause to believe, based on specific and articulable facts, that Joint
Stock Company Experimental Design Bureau Novator, and Joint Stock
Company Federal Scientific and Production Center Titan-Barrikady have
been involved in actions contrary to the national security or foreign
policy interests of the United States.
The prior review of exports, reexports or transfers (in-country) of
all items subject to the EAR involving these persons, and the possible
imposition of license conditions or license denials on shipments to the
persons, will enhance BIS's ability to prevent use of items subject to
the EAR contrary to U.S. national security or foreign policy interests.
For the two persons added to the Entity List, BIS imposes a license
requirement for all items subject to the EAR, and a license review
policy of presumption of denial. The license requirements apply to any
transaction in which items are to be exported, reexported, or
transferred (in-country) to either of the persons or in which such
persons act as purchaser, intermediate consignee, ultimate consignee,
or end-user. 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. The acronym ``a.k.a.'' (also
known as) is used in entries on the Entity List to identify aliases and
help exporters, reexporters and transferors to better identify persons
on the Entity List.
This final rule adds the following two entities to the Entity List:
Russia
(1) Joint Stock Company Experimental Design Bureau Novator, a.k.a.,
the following two aliases:
--Novator Design Bureau; and
--JSC OKB Novator.
18 Prospekt Kosmonavtov, 620017 Yekaterinburg, Russia; and
(2) Joint Stock Company Federal Scientific and Production Center
Titan-Barrikady, a.k.a., the following three aliases:
--Federal Research and Production Center Titan Barrikady JSC;
--Titan Design Bureau; and
--JSC FNPTS Titan-Barrikady.
Prospekt Imeni V.I. Lenina, b/n 400071, Volgograd, Russia.
Export Administration Act of 1979
Although the Export Administration Act of 1979 expired on August
20, 2001, the President, through Executive Order 13222 of August 17,
2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order
13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by
the Notice of August 15, 2017, 82 FR 39005 (August 16, 2017), has
continued the Export Administration Regulations in effect under the
International Emergency Economic Powers Act. BIS continues to carry out
the provisions of the Export Administration Act of 1979, as appropriate
and to the extent permitted by law, pursuant to Executive Order
[[Page 60305]]
13222, as amended by Executive Order 13637.
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. This rule is not an Executive Order
13771 regulatory action because this rule is not significant under
Executive Order 12866.
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 OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications, and carries a burden estimate of
43.8 minutes for a manual or electronic submission.
Total burden hours associated with the PRA and OMB 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
[email protected], 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. For the two persons added to the Entity List in this final rule,
the provisions of the Administrative Procedure Act (5 U.S.C. 553)
requiring notice of proposed rulemaking, the opportunity for public
participation and a 30-day delay in effective date are inapplicable
because this regulation involves a military or foreign affairs function
of the United States (5 U.S.C. 553(a)(1)). BIS implementation of this
rule is necessary to protect U.S. national security or foreign policy
interests by preventing items from being exported, reexported, or
transferred (in-country) to the persons being added to the Entity List.
If this rule were delayed to allow for notice and comment and a delay
in effective date, the entities being added to the Entity List by this
action would continue to be able to receive items without a license and
to conduct activities contrary to the national security or foreign
policy interests of the United States. In addition, publishing a
proposed rule would give these parties notice of the U.S. Government's
intention to place them on the Entity List, which could create an
incentive for these persons to accelerate receiving items subject to
the EAR to conduct activities that are contrary to the national
security or foreign policy interests of the United States, including
taking steps to set up additional aliases, change addresses, and other
measures to try to limit the impact of the listing on the Entity List
once a final rule is published. 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. 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:
PART 744--[AMENDED]
0
1. The authority citation for part 744 is revised to read as follows:
Authority: 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. 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 January 13, 2017, 82 FR 6165
(January 18, 2017); Notice of August 15, 2017, 82 FR 39005 (August
16, 2017); Notice of September 18, 2017, 82 FR 43825 (September 19,
2017); Notice of November 6, 2017, 82 FR 51971 (November 8, 2017).
0
2. Supplement No. 4 to part 744 is amended by adding under Russia, two
Russian entities.
The additions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA................. * * * * * *
----------------------------------------------------------------------------------------
Joint Stock Company For all items Presumption of 82 FR [INSERT FR
Experimental Design Bureau subject to the denial. PAGE NUMBER],
Novator, a.k.a., the EAR. (See Sec. December 12/20/
following two aliases: 744.11 of the 17.
--Novator Design Bureau; and EAR).
--JSC OKB Novator.
18 Prospekt Kosmonavtov,
620017 Yekaterinburg,
Russia.
[[Page 60306]]
Joint Stock Company Federal For all items Presumption of 82 FR [INSERT FR
Scientific and Production subject to the denial. PAGE NUMBER], 12/
Center Titan-Barrikady, EAR. (See Sec. 20/17.
a.k.a., the following three 744.11 of the
aliases: EAR).
--Federal Research and
Production Center Titan
Barrikady JSC;
--Titan Design Bureau; and
--JSC FNPTS Titan-Barrikady.
Prospekt Imeni V.I. Lenina,
b/n 400071, Volgograd,
Russia.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: December 15, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-27388 Filed 12-19-17; 8:45 am]
BILLING CODE 3510-33-P
