Addition of Entities to the Entity List and Revision of an Entry on the Entity List, 29371-29375 [2019-13245]
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29371
Rules and Regulations
Federal Register
Vol. 84, No. 121
Monday, June 24, 2019
Federal Aviation Administration
Subsequent to publication, the FAA
found that the legal description listed
the airport name as Monroe-County
Airport. This action corrects the error.
Class E airspace designations are
published in paragraph 6005, of FAA
Order 7400.11C, dated August 13, 2018,
and effective September 15, 2018, which
is incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
14 CFR Part 71
Correction to Final Rule
[Docket No. FAA–2019–0206; Airspace
Docket No. 19–ASO–6]
■
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF TRANSPORTATION
Accordingly, pursuant to the authority
delegated to me, in the Federal Register
of June 7, 2019 (84 FR 26558) FR Doc.
2019–0206, Amendment of Class E
Airspace; Monroe, GA, is corrected as
follows:
RIN 2120–AA66
Amendment of Class E Airspace;
Monroe, GA
§ 71.1
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule, correction.
AGENCY:
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This action corrects a final
rule published in the Federal Register
on June 7, 2019, amending Class E
airspace extending upward from 700
feet or more above the surface in
Monroe, GA. The legal description
listed the airport name as MonroeCounty Airport. The correct name is
Monroe-Walton County Airport.
DATES: Effective 0901 UTC, August 15,
2019. The Director of the Federal
Register approves this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Ave.,
College Park, GA 30337; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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ASO GA E5 Monroe, GA [Corrected]
On page 26559, column 2, line 58, remove
‘‘Monroe-County Airport’’, and add in its
place, ‘‘Monroe-Walton County Airport’’
Issued in College Park, Georgia, on June 12,
2019.
Matthew Cathcart,
Acting Manager, Operations Support Group,
Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2019–13288 Filed 6–21–19; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 190503424–9424–01]
RIN 0694–AH83
Addition of Entities to the Entity List
and Revision of an Entry on the Entity
List
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
History
The FAA published a final rule in the
Federal Register (84 FR 26558, June 7,
2019) for Docket No. FAA–2019–0206
amending Class E airspace extending
upward from 700 feet above the surface
for Monroe-Walton County Airport,
Monroe, GA, due to the
decommissioning of the Monroe NDB
and cancellation of the NDB approach.
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[Amended]
16:11 Jun 21, 2019
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In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) by adding five entities to the
Entity List. These five entities have been
determined by the U.S. Government to
be acting contrary to the national
SUMMARY:
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security or foreign policy interests of the
United States. These entities will be
listed on the Entity List under the
destination of China. This rule also
modifies one entry on the Entity List
under the destination of China.
DATES:
This rule is effective June 24,
2019.
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, Fax: (202) 482–
3911, Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to
part 744 of the Export Administration
Regulations (EAR)) identifies entities for
which there is reasonable cause to
believe, based on specific and
articulable facts, 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,
subchapter C, parts 730–774) imposes
additional license requirements on, and
limits 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 notice 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 all decisions
to remove or modify an entry by
unanimous vote.
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ERC Entity List Decision
Additions to the Entity List
Under § 744.11(b) (Criteria for
revising the Entity List) of the EAR,
entities for which there is reasonable
cause to believe, based on specific and
articulable facts, 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.
Pursuant to § 744.11(b) of the EAR,
the ERC determined that Chinese
entities Sugon and the Wuxi Jiangnan
Institute of Computing Technology are
involved in activities determined to be
contrary to the national security and
foreign policy interests of the United
States. Sugon also is, as further
described below, the majority owner of
Higon, and Higon has ownership
interests in Chengdu Haiguang
Integrated Circuit and Chengdu
Haiguang Microelectronics Technology.
Accordingly, the ERC has also
determined that Higon, Chengdu
Haiguang Integrated Circuit, and
Chengdu Haiguang Microelectronics
Technology pose a significant risk of
being or becoming involved in activities
contrary to the national security and
foreign policy interests of the United
States.
Sugon, the Wuxi Jiangnan Institute of
Computing Technology, and the
National University of Defense
Technology (NUDT) are the three
entities leading China’s development of
exascale high performance computing.
Sugon has publicly acknowledged a
variety of military end uses and end
users of its high-performance
computers. Wuxi Jiangnan Institute of
Computing Technology is owned by the
56th Research Institute of the General
Staff of China’s People’s Liberation
Army. Its mission is to support China’s
military modernization. NUDT was
added to the Entity List in February
2015, because of its use of U.S-origin
multicores, boards, and (co)processors
to power supercomputers believed to
support nuclear explosive simulation
and military simulation activities. Since
then, NUDT has procured items under
the name Hunan Guofang Kei University
using four separate, additional
addresses not already listed on the
Entity List.
Sugon is the majority owner of Higon,
as noted above. Higon’s business
activities include integrated circuits,
electronic information systems, software
development, and computer system
integration. Chengdu Haiguang
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Integrated Circuit is majority owned by
Higon, and designs X86 architecture
computer chips for network information
servers. Chengdu Haiguang
Microelectronics Technology is engaged
in integrated circuit production
(including design and/or
manufacturing) and has a substantial
ownership share by Higon through a
second joint venture.
The ERC determined that the
activities of Sugon, the Wuxi Jiangan
Institute of Computing Technology, the
NUDT under its alias Hunan Guofang
Kei University, as well as Sugon’s
majority ownership of Higon and
Higon’s ownership interests in Chengdu
Haiguang Integrated Circuit and
Chengdu Haiguang Microelectronics
Technology, raise sufficient concern
that prior review of exports, reexports,
or transfers (in-country) of items subject
to the EAR involving these entities, and
the possible imposition of license
conditions or license denials on
shipments to these entities, will
enhance BIS’s ability to prevent
activities contrary to the national
security and foreign policy interests of
the United States.
For the five entities added to the
Entity List in this final rule, BIS
imposes a license requirement for all
items subject to the EAR and a license
review policy of presumption of denial.
In addition, no license exceptions are
available for exports, reexports, or
transfers (in-country) to the persons
being added to the Entity List by this
rule. The acronym ‘‘a.k.a.’’ (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.
This final rule adds the following five
entities to the Entity List in China:
• Chengdu Haiguang Integrated
Circuit, including two aliases (Hygon
and Chengdu Haiguang Jincheng Dianlu
Sheji);
• Chengdu Haiguang
Microelectronics Technology, including
two aliases (HMC and Chengdu
Haiguang Wei Dianzi Jishu);
• Higon, including five aliases (Higon
Information Technology, Haiguang
Xinxi Jishu Youxian Gongsi, THATIC,
Tianjing Haiguang Advanced
Technology Investment, and Tianjing
Haiguang Xianjin Jishu Touzi Youxian
Gongsi);
• Sugon, including nine aliases
(Dawning, Dawning Information
Industry, Sugon Information Industry,
Shuguang, Shuguang Information
Industry, Zhongke Dawn, Zhongke
Shuguang, Dawning Company, and
Tianjin Shuguang Computer Industry);
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• Wuxi Jiangnan Institute of
Computing Technology, including two
aliases (Jiangnan Institute of Computing
Technology and JICT).
Modification to the Entity List
This final rule implements the
decision of the ERC to modify one
existing entry, NUDT, which was added
to the Entity List under the destination
of China on February 18, 2015 (80 FR
8527). BIS is modifying the existing
entry National University of Defense
Technology (NUDT) to add one alias
(Hunan Guofang Keji University) and
four locations.
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export or reexport without a license
(NLR) as a result of this regulatory
action that were en route aboard a
carrier to a port of export or reexport, on
June 24, 2019, pursuant to actual orders
for export or reexport to a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export or reexport 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), which
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule. As set forth in sec. 1768 of ECRA,
all delegations, rules, regulations,
orders, determinations, licenses, or
other forms of administrative action that
have been made, issued, conducted, or
allowed to become effective under the
Export Administration Act of 1979 (50
U.S.C. 4601 et seq.) (as in effect prior to
August 13, 2018 and as continued in
effect pursuant to the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) and 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
8, 2018, 83 FR 39871 (August 13, 2018)),
or the Export Administration
Regulations, and were in effect as of
August 13, 2018, shall continue in effect
according to their terms until modified,
superseded, set aside, or revoked under
the authority of ECRA.
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Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations
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 42.5 minutes for a manual or
electronic submission. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
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CHINA, PEOPLE’S REPUBLIC OF.
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. Pursuant to sec. 1762 of the Export
Control Reform Act of 2018 (Title XVII,
Subtitle B of Pub. L. 115–232), which
was included in the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, 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.
License requirement
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. 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
8, 2018, 83 FR 39871 (August 13, 2018);
Notice of September 19, 2018, 83 FR 47799
(September 20, 2018); Notice of November 8,
2018, 83 FR 56253 (November 9, 2018);
Notice of January 16, 2019, 84 FR 127
(January 18, 2019).
2. Supplement No. 4 to part 744 is
amended:
■ a. under CHINA, PEOPLE’S
REPUBLIC OF, by adding in
alphabetical order, five Chinese entities,
‘‘Chengdu Haiguang Integrated Circuit,’’
‘‘Chengdu Haiguang Microelectronics
Technology,’’ ‘‘Higon,’’ ‘‘Sugon,’’ and
‘‘Wuxi Jiangnan Institute of Computing
Technology’’;
■ b. under CHINA, PEOPLE’S
REPUBLIC OF, by revising the entry
‘‘National University of Defense
Technology (NUDT)’’.
The additions and revisions read as
follows:
■
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License review policy
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Federal Register citation
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Chengdu Haiguang Integrated Circuit,
a.k.a., the following two aliases:
—Hygon; and
—Chengdu Haiguang Jincheng Dianlu
Sheji.
China (Sichuan) Free Trade Zone, No.
22–31, 11th Floor, E5, Tianfu Software Park, No. 1366, Middle Section
of Tianfu Avenue, Chengdu Hightech Zone, Chengdu, China.
Chengdu Haiguang Microelectronics
Technology, a.k.a., the following two
aliases:
—HMC; and
—Chengdu Haiguang Wei Dianzi Jishu.
VerDate Sep<11>2014
1. The authority citation for part 744
is revised to read as follows:
■
Supplement No. 4 to Part 744—Entity
List
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
Entity
PART 744—[AMENDED]
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For all items subject to
the EAR. (See § 744.11
of the EAR).
Presumption of denial ......
84 FR [INSERT FR PAGE
NUMBER], 6/24/19.
For all items subject to
the EAR. (See § 744.11
of the EAR).
Presumption of denial ......
84 FR [INSERT FR PAGE
NUMBER], 6/24/19.
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Country
Entity
China (Sichuan) Free Trade Zone, No.
23–32, 12th Floor, E5, Tianfu Software Park, No. 1366, Middle Section
of Tianfu Avenue, Chengdu Hightech Zone, Chengdu, China.
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Higon, a.k.a., the following five aliases:
—Higon Information Technology;
—Haiguang Xinxi Jishu Youxian
Gongsi;
—THATIC;
—Tianjing Haiguang Advanced Technology Investment; and
—Tianjing Haiguang Xianjin Jishu
Touzi Youxian Gongsi.
Industrial Incubation-3–8, North 2–204,
18 Haitai West Road, Huayuan Industrial Zone, Tianjin, China.
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National University of Defense Technology (NUDT), a.k.a., the following
one alias:
—Hunan Guofang Keji University.
Garden Road (Metro West), Changsha
City, Kaifu District, Hunan Province,
China; and 109 Deya Road, Kaifu
District, Changsha City, Hunan Province, China, and 47 Deya Road,
Kaifu District, Changsha City, Hunan
Province, China, and 147 Deya
Road, Kaifu District, Changsha City,
Hunan Province, China, and 47
Yanwachi, Kaifu District, Changsha,
Hunan, China.
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Sugon, a.k.a., the following nine
aliases:
—Dawning;
—Dawning Information Industry;
—Sugon Information Industry;
—Shuguang;
—Shuguang Information Industry;
—Zhongke Dawn;
—Zhongke Shuguang;
—Dawning Company; and
—Tianjin Shuguang Computer Industry.
Sugon Building, No. 36 Zhongguancun
Software Park, No. 8 Dongbeiwang
West Road, Haidian District, Beijing;
and No. 15, Haitai Huake Street,
Huayuan Industrial Zone, Tianjin; and
Sugon Science and Technology
Park, No. 64 Shuimo West Street,
Haidian District, Beijing, China.
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Wuxi Jiangnan Institute of Computing
Technology, a.k.a., the following two
aliases:
—Jiangnan Institute of Computing
Technology; and
—JICT.
No. 699, Shanshui East Road, Binhu
District, Wuxi City, China, and No.
188, Shanshui East Road, Binhu District, Wuxi City, China.
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18:53 Jun 21, 2019
License requirement
License review policy
Federal Register citation
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For all items subject to
the EAR. (See § 744.11
of the EAR).
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Presumption of denial ......
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84 FR [INSERT FR PAGE
NUMBER], 6/24/19.
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For all items subject to
the EAR. (See § 744.11
of the EAR).
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Presumption of denial ......
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80 FR 8527, 2/18/15. 84
FR [INSERT FR PAGE
NUMBER], 6/24/19.
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For all items subject to
the EAR. (See § 744.11
of the EAR).
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Presumption of denial ......
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84 FR [INSERT FR PAGE
NUMBER], 6/24/19.
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For all items subject to
the EAR. (See § 744.11
of the EAR)
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Presumption of denial ......
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84 FR [INSERT FR PAGE
NUMBER], 6/24/19.
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Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations
Dated: June 18, 2019.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
PART 338—[REMOVED]
Accordingly, by the authority of 5
U.S.C. 301, 32 CFR part 338 is removed.
■
[FR Doc. 2019–13245 Filed 6–21–19; 8:45 am]
Dated: June 17, 2019.
Shelly E. Finke,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
BILLING CODE 3510–33–P
[FR Doc. 2019–13199 Filed 6–21–19; 8:45 am]
DEPARTMENT OF DEFENSE
BILLING CODE 5001–06–P
Office of the Secretary
32 CFR Part 338
DEPARTMENT OF HOMELAND
SECURITY
[Docket ID: DOD–2019–OS–0013]
Coast Guard
RIN 0790–AK55
33 CFR Part 100
Availability to the Public of Defense
Nuclear Agency (DNA) Instructions
and Changes Thereto
[Docket No. USCG–2019–0457]
Defense Threat Reduction
Agency (DTRA), Department of Defense
(DoD).
ACTION: Final rule.
AGENCY:
This final rule removes an
obsolete DoD regulation (last updated
on December 10, 1991) which provides
information related to public requests
for Defense Nuclear Agency (DNA)
records. DNA is an obsolete predecessor
organization of DTRA. As a result, this
part should be removed.
DATES: This rule is effective on June 24,
2019.
FOR FURTHER INFORMATION CONTACT:
Todd A. Cimbura at 571–616–5941.
SUPPLEMENTARY INFORMATION: It has been
determined that publication of this rule
for public comment is impracticable,
unnecessary, and contrary to public
interest since it is based on the removal
of obsolete information. Due to the
disestablishment of the DNA and the
eventual incorporation of its successor
organization into DTRA, 32 CFR part
338 (last updated on December 10, 1991
at 56 FR 64482) is obsolete.
Additionally, the public retains the
ability to obtain information using
established DoD Freedom of Information
Act procedures outlined in 32 CFR part
286, ‘‘DoD Freedom of Information Act
(FOIA) Program,’’ by submitting a
request to DTRA’s FOIA Office at https://
www.dtra.mil/Home/Freedom-ofInformation-Act-and-Privacy-Act/.
This rule is not significant under
Executive Order (E.O.) 12866,
‘‘Regulatory Planning and Review,’’
therefore E.O. 13771, ‘‘Reducing
Regulation and Controlling Regulatory
Costs’’ does not apply.
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SUMMARY:
List of Subjects in 32 CFR Part 338
Freedom of information.
VerDate Sep<11>2014
16:11 Jun 21, 2019
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Special Local Regulations; Seattle
Seafair Unlimited Hydroplane Race,
Lake Washington, WA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
This year the Seattle Seafair
Unlimited Hydroplane Race Special
Local Regulation on Lake Washington,
WA will be subject to enforcement from
7 a.m. until 7 p.m. daily, from August
1 through August 4. This action is
necessary to ensure public safety from
the inherent dangers associated with
high-speed, hydroplane races, while
allowing race area access for rescue
personnel in the event of an emergency.
While these regulations are subject to
enforcement, no person or vessel will be
allowed to enter Zone 1 of the regulated
area without the permission of the
Captain of the Port, on-scene Patrol
Commander, or her Designated
Representative.
SUMMARY:
The regulations in 33 CFR
100.1301 will be subject to enforcement
from 7 a.m. until 7 p.m. on August 1,
2019, through August 4, 2019.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this notice of
enforcement, call or email Lieutenant
Ellie Wu, Sector Puget Sound
Waterways Management Division, Coast
Guard; telephone 206–217–6051, email
SectorPugetSound@uscg.mil.
SUPPLEMENTARY INFORMATION: The
Seattle Seafair Unlimited Hydroplane
Race special local regulations in 33 CFR
100.1301 will be subject to enforcement
daily, from 7 a.m. until 7 p.m., from
August 1, 2019, through August 4, 2019.
Hydroplane races are scheduled to take
place within these time periods.
Under the provisions of 33 CFR
100.1301, the Coast Guard will restrict
DATES:
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general navigation in the following area:
All waters of Lake Washington bounded
by the Interstate 90 (Mercer Island/
Lacey V. Murrow) Bridge, the western
shore of Lake Washington, and the east/
west line drawn tangent to Bailey
Peninsula and along the shoreline of
Mercer Island.
The regulated area has been divided
into two zones. The zones are separated
by a line perpendicular from the I–90
Bridge to the northwest corner of the
East log boom and a line extending from
the southeast corner of the East log
boom to the southeast corner of the
hydroplane race course and then to the
northerly tip of Ohlers Island in
Andrews Bay. The western zone is
designated Zone I, the eastern zone,
Zone II. (Refer to NOAA Chart 18447).
The Coast Guard will maintain a
patrol consisting of Coast Guard vessels,
assisted by Coast Guard Auxiliary
vessels, in Zone II. The Coast Guard
patrol of this area is under the direction
of the Coast Guard Patrol Commander
(the ‘‘Patrol Commander’’). The Patrol
Commander is empowered to control
the movement of vessels on the race
course and in the adjoining waters
during the periods this regulation is
subject to enforcement. The Patrol
Commander may be assisted by other
federal, state and local law enforcement
agencies.
Only vessels authorized by the Patrol
Commander may be allowed to enter
Zone I during the hours this regulation
is subject to enforcement. Vessels in the
vicinity of Zone I shall maneuver and
anchor as directed by the Patrol
Commander.
During the times in which the
regulation is subject to enforcement, the
following rules will apply:
(1) Swimming, wading, or otherwise
entering the water in Zone I by any
person is prohibited while hydroplane
boats are on the race course. At other
times in Zone I, any person entering the
water from the shoreline shall remain
west of the swim line, denoted by
buoys, and any person entering the
water from the log boom shall remain
within 10 feet of the log boom.
(2) Any person swimming or
otherwise entering the water in Zone II
shall remain within 10 feet of a vessel.
(3) Rafting to a log boom will be
limited to groups of three vessels.
(4) Up to six vessels may raft together
in Zone II if none of the vessels are
secured to a log boom. Only vessels
authorized by the Patrol Commander,
other law enforcement agencies or event
sponsors shall be permitted to tow other
watercraft or inflatable devices.
(5) Vessels proceeding in either Zone
I or Zone II during the hours this
E:\FR\FM\24JNR1.SGM
24JNR1
]]>Agencies
[Federal Register Volume 84, Number 121 (Monday, June 24, 2019)]
[Rules and Regulations]
[Pages 29371-29375]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13245]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 190503424-9424-01]
RIN 0694-AH83
Addition of Entities to the Entity List and Revision of an Entry
on the Entity List
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding five entities to
the Entity List. These five entities 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 entities will be listed on
the Entity List under the destination of China. This rule also modifies
one entry on the Entity List under the destination of China.
DATES: This rule is effective June 24, 2019.
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,
Fax: (202) 482-3911, Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Entity List (Supplement No. 4 to part 744 of the Export
Administration Regulations (EAR)) identifies entities for which there
is reasonable cause to believe, based on specific and articulable
facts, 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, subchapter C, parts 730-774) imposes additional license
requirements on, and limits 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 notice 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
all decisions to remove or modify an entry by unanimous vote.
[[Page 29372]]
ERC Entity List Decision
Additions to the Entity List
Under Sec. 744.11(b) (Criteria for revising the Entity List) of
the EAR, entities for which there is reasonable cause to believe, based
on specific and articulable facts, 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.
Pursuant to Sec. 744.11(b) of the EAR, the ERC determined that
Chinese entities Sugon and the Wuxi Jiangnan Institute of Computing
Technology are involved in activities determined to be contrary to the
national security and foreign policy interests of the United States.
Sugon also is, as further described below, the majority owner of Higon,
and Higon has ownership interests in Chengdu Haiguang Integrated
Circuit and Chengdu Haiguang Microelectronics Technology. Accordingly,
the ERC has also determined that Higon, Chengdu Haiguang Integrated
Circuit, and Chengdu Haiguang Microelectronics Technology pose a
significant risk of being or becoming involved in activities contrary
to the national security and foreign policy interests of the United
States.
Sugon, the Wuxi Jiangnan Institute of Computing Technology, and the
National University of Defense Technology (NUDT) are the three entities
leading China's development of exascale high performance computing.
Sugon has publicly acknowledged a variety of military end uses and end
users of its high-performance computers. Wuxi Jiangnan Institute of
Computing Technology is owned by the 56th Research Institute of the
General Staff of China's People's Liberation Army. Its mission is to
support China's military modernization. NUDT was added to the Entity
List in February 2015, because of its use of U.S-origin multicores,
boards, and (co)processors to power supercomputers believed to support
nuclear explosive simulation and military simulation activities. Since
then, NUDT has procured items under the name Hunan Guofang Kei
University using four separate, additional addresses not already listed
on the Entity List.
Sugon is the majority owner of Higon, as noted above. Higon's
business activities include integrated circuits, electronic information
systems, software development, and computer system integration. Chengdu
Haiguang Integrated Circuit is majority owned by Higon, and designs X86
architecture computer chips for network information servers. Chengdu
Haiguang Microelectronics Technology is engaged in integrated circuit
production (including design and/or manufacturing) and has a
substantial ownership share by Higon through a second joint venture.
The ERC determined that the activities of Sugon, the Wuxi Jiangan
Institute of Computing Technology, the NUDT under its alias Hunan
Guofang Kei University, as well as Sugon's majority ownership of Higon
and Higon's ownership interests in Chengdu Haiguang Integrated Circuit
and Chengdu Haiguang Microelectronics Technology, raise sufficient
concern that prior review of exports, reexports, or transfers (in-
country) of items subject to the EAR involving these entities, and the
possible imposition of license conditions or license denials on
shipments to these entities, will enhance BIS's ability to prevent
activities contrary to the national security and foreign policy
interests of the United States.
For the five entities added to the Entity List in this final rule,
BIS imposes a license requirement for all items subject to the EAR and
a license review policy of presumption of denial. In addition, no
license exceptions are available for exports, reexports, or transfers
(in-country) to the persons being added to the Entity List by this
rule. The acronym ``a.k.a.'' (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.
This final rule adds the following five entities to the Entity List
in China:
Chengdu Haiguang Integrated Circuit, including two aliases
(Hygon and Chengdu Haiguang Jincheng Dianlu Sheji);
Chengdu Haiguang Microelectronics Technology, including
two aliases (HMC and Chengdu Haiguang Wei Dianzi Jishu);
Higon, including five aliases (Higon Information
Technology, Haiguang Xinxi Jishu Youxian Gongsi, THATIC, Tianjing
Haiguang Advanced Technology Investment, and Tianjing Haiguang Xianjin
Jishu Touzi Youxian Gongsi);
Sugon, including nine aliases (Dawning, Dawning
Information Industry, Sugon Information Industry, Shuguang, Shuguang
Information Industry, Zhongke Dawn, Zhongke Shuguang, Dawning Company,
and Tianjin Shuguang Computer Industry);
Wuxi Jiangnan Institute of Computing Technology, including
two aliases (Jiangnan Institute of Computing Technology and JICT).
Modification to the Entity List
This final rule implements the decision of the ERC to modify one
existing entry, NUDT, which was added to the Entity List under the
destination of China on February 18, 2015 (80 FR 8527). BIS is
modifying the existing entry National University of Defense Technology
(NUDT) to add one alias (Hunan Guofang Keji University) and four
locations.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export or reexport, on June 24, 2019, pursuant to actual orders for
export or reexport to a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export or reexport 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), which provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule. As set
forth in sec. 1768 of ECRA, all delegations, rules, regulations,
orders, determinations, licenses, or other forms of administrative
action that have been made, issued, conducted, or allowed to become
effective under the Export Administration Act of 1979 (50 U.S.C. 4601
et seq.) (as in effect prior to August 13, 2018 and as continued in
effect pursuant to the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) and 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 8, 2018, 83 FR 39871 (August 13, 2018)), or the Export
Administration Regulations, and were in effect as of August 13, 2018,
shall continue in effect according to their terms until modified,
superseded, set aside, or revoked under the authority of ECRA.
[[Page 29373]]
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
42.5 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. Pursuant to sec. 1762 of the Export Control Reform Act of 2018
(Title XVII, Subtitle B of Pub. L. 115-232), which was included in the
John S. McCain National Defense Authorization Act for Fiscal Year 2019,
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:
PART 744--[AMENDED]
0
1. The authority citation for part 744 is revised 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. 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 8,
2018, 83 FR 39871 (August 13, 2018); Notice of September 19, 2018,
83 FR 47799 (September 20, 2018); Notice of November 8, 2018, 83 FR
56253 (November 9, 2018); Notice of January 16, 2019, 84 FR 127
(January 18, 2019).
0
2. Supplement No. 4 to part 744 is amended:
0
a. under CHINA, PEOPLE'S REPUBLIC OF, by adding in alphabetical order,
five Chinese entities, ``Chengdu Haiguang Integrated Circuit,''
``Chengdu Haiguang Microelectronics Technology,'' ``Higon,'' ``Sugon,''
and ``Wuxi Jiangnan Institute of Computing Technology'';
0
b. under CHINA, PEOPLE'S REPUBLIC OF, by revising the entry ``National
University of Defense Technology (NUDT)''.
The additions and revisions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License review Federal Register
Country Entity License requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Chengdu Haiguang Integrated For all items Presumption of 84 FR [INSERT FR
Circuit, a.k.a., the subject to the denial. PAGE NUMBER], 6/
following two aliases: EAR. (See Sec. 24/19.
--Hygon; and 744.11 of the
--Chengdu Haiguang Jincheng EAR).
Dianlu Sheji.
China (Sichuan) Free Trade
Zone, No. 22-31, 11th
Floor, E5, Tianfu Software
Park, No. 1366, Middle
Section of Tianfu Avenue,
Chengdu High-tech Zone,
Chengdu, China.
Chengdu Haiguang For all items Presumption of 84 FR [INSERT FR
Microelectronics subject to the denial. PAGE NUMBER], 6/
Technology, a.k.a., the EAR. (See Sec. 24/19.
following two aliases: 744.11 of the
--HMC; and EAR).
--Chengdu Haiguang Wei
Dianzi Jishu.
[[Page 29374]]
China (Sichuan) Free Trade
Zone, No. 23-32, 12th
Floor, E5, Tianfu Software
Park, No. 1366, Middle
Section of Tianfu Avenue,
Chengdu High-tech Zone,
Chengdu, China.
* * * * * *
Higon, a.k.a., the following For all items Presumption of 84 FR [INSERT FR
five aliases: subject to the denial. PAGE NUMBER], 6/
--Higon Information EAR. (See Sec. 24/19.
Technology; 744.11 of the
--Haiguang Xinxi Jishu EAR).
Youxian Gongsi;
--THATIC;
--Tianjing Haiguang Advanced
Technology Investment; and
--Tianjing Haiguang Xianjin
Jishu Touzi Youxian Gongsi.
Industrial Incubation-3-8,
North 2-204, 18 Haitai West
Road, Huayuan Industrial
Zone, Tianjin, China.
* * * * * *
National University of For all items Presumption of 80 FR 8527, 2/18/
Defense Technology (NUDT), subject to the denial. 15. 84 FR
a.k.a., the following one EAR. (See Sec. [INSERT FR PAGE
alias: 744.11 of the NUMBER], 6/24/
--Hunan Guofang Keji EAR). 19.
University.
Garden Road (Metro West),
Changsha City, Kaifu
District, Hunan Province,
China; and 109 Deya Road,
Kaifu District, Changsha
City, Hunan Province,
China, and 47 Deya Road,
Kaifu District, Changsha
City, Hunan Province,
China, and 147 Deya Road,
Kaifu District, Changsha
City, Hunan Province,
China, and 47 Yanwachi,
Kaifu District, Changsha,
Hunan, China.
* * * * * *
Sugon, a.k.a., the following For all items Presumption of 84 FR [INSERT FR
nine aliases: subject to the denial. PAGE NUMBER], 6/
--Dawning; EAR. (See Sec. 24/19.
--Dawning Information 744.11 of the
Industry; EAR).
--Sugon Information
Industry;
--Shuguang;
--Shuguang Information
Industry;
--Zhongke Dawn;
--Zhongke Shuguang;
--Dawning Company; and
--Tianjin Shuguang Computer
Industry.
Sugon Building, No. 36
Zhongguancun Software Park,
No. 8 Dongbeiwang West
Road, Haidian District,
Beijing; and No. 15, Haitai
Huake Street, Huayuan
Industrial Zone, Tianjin;
and Sugon Science and
Technology Park, No. 64
Shuimo West Street, Haidian
District, Beijing, China.
* * * * * *
Wuxi Jiangnan Institute of For all items Presumption of 84 FR [INSERT FR
Computing Technology, subject to the denial. PAGE NUMBER], 6/
a.k.a., the following two EAR. (See Sec. 24/19.
aliases: 744.11 of the EAR)
--Jiangnan Institute of
Computing Technology; and
--JICT.
No. 699, Shanshui East Road,
Binhu District, Wuxi City,
China, and No. 188,
Shanshui East Road, Binhu
District, Wuxi City, China.
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 29375]]
Dated: June 18, 2019.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2019-13245 Filed 6-21-19; 8:45 am]
BILLING CODE 3510-33-P
