Addition of Entities to the Entity List and Revision of an Entry on the Entity List, 29371-29375 [2019-13245]

Download as PDF 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: * 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: jbell on DSK3GLQ082PROD with RULES * * * * 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. VerDate Sep<11>2014 [Amended] 16:11 Jun 21, 2019 Jkt 247001 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: PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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. E:\FR\FM\24JNR1.SGM 24JNR1 29372 Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES 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 VerDate Sep<11>2014 16:11 Jun 21, 2019 Jkt 247001 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); PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 • 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. E:\FR\FM\24JNR1.SGM 24JNR1 29373 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 Country * jbell on DSK3GLQ082PROD with RULES 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: ■ * * * * License review policy * Federal Register citation * * * * * * * * * * * * 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] 18:53 Jun 21, 2019 Jkt 247001 PO 00000 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. Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1 29374 Federal Register / Vol. 84, No. 121 / Monday, June 24, 2019 / Rules and Regulations jbell on DSK3GLQ082PROD with RULES 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. * * 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. * * 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. * * 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. * * 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. * * * VerDate Sep<11>2014 * 18:53 Jun 21, 2019 License requirement License review policy Federal Register citation * 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 ...... * 80 FR 8527, 2/18/15. 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. * 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. * Jkt 247001 PO 00000 Frm 00004 Fmt 4700 * * * * * * * * Sfmt 4700 E:\FR\FM\24JNR1.SGM 24JNR1 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 http:// 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. jbell on DSK3GLQ082PROD with RULES SUMMARY: List of Subjects in 32 CFR Part 338 Freedom of information. VerDate Sep<11>2014 16:11 Jun 21, 2019 Jkt 247001 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: PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 29375 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