Additions of Entities to the Entity List, 51876-51880 [2022-18268]
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51876
Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Rules and Regulations
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[FR Doc. 2022–18222 Filed 8–23–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 220818–0172]
RIN 0694–AI79
Additions of Entities to the Entity List
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
The Department of Commerce
is amending the Export Administration
Regulations (EAR) by adding seven
entities under seven entries to the Entity
List. These 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 and will be listed on the
Entity List under the destination of the
People’s Republic of China (China). This
final rule also corrects typographical
errors in two existing entries on the
Entity List.
DATES: This rule is effective August 24,
2022.
FOR FURTHER INFORMATION CONTACT:
Chair, End-User Review Committee,
Office of the Assistant Secretary for
Export Administration, Bureau of
Industry and Security, Department of
Commerce, Phone: (202) 482–5991,
Email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Background
Additions to the Entity List
The Entity List (supplement No. 4 to
part 744 of the EAR (15 CFR parts 730–
774)) identifies entities for which there
is reasonable cause to believe, based on
specific and articulable facts, that the
entities have been involved, are
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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, pursuant to § 744.11(b). The EAR
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 document that added the entity
to the Entity List. The Bureau of
Industry and Security (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 makes all
decisions to remove or modify an entry
by unanimous vote. This rule
implements the ERC’s decisions to add
seven entities to the Entity List on the
basis of § 744.11(b). Paragraphs (b)(1)
through (5) of § 744.11 include an
illustrative list of activities that could be
contrary to the national security or
foreign policy interests of the United
States.
The ERC determined to add China
Aerospace Science and Technology
Corporation (CASC) 9th Academy 771
Research Institute, China Aerospace
Science and Technology Corporation
(CASC) 9th Academy 772 Research
Institute, China Academy of Space
Technology 502 Research Institute,
China Academy of Space Technology
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6/15/22
6/15/22
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7/25/22
7/27/22
7/20/22
7/20/22
7/20/22
7/20/22
7/20/22
7/20/22
7/20/22
Subject
RNAV (GPS) RWY 35, Orig-B.
RNAV (GPS) RWY 17, Orig-A.
RNAV (GPS) RWY 8R, Amdt 1A.
ILS OR LOC RWY 26L, Amdt 1.
VOR/DME OR GPS–A, Amdt 1A.
ILS OR LOC RWY 23, Amdt 1D.
ILS OR LOC RWY 6, Amdt 10E.
ILS OR LOC RWY 9, Amdt 4.
LOC RWY 33, Amdt 1.
RNAV (GPS) RWY 9, Amdt 2.
VOR RWY 36, Amdt 3A.
RNAV (GPS) RWY 15, Amdt 1.
RNAV (GPS) RWY 33, Amdt 1A.
513 Research Institute, China
Electronics Technology Group
Corporation 43 Research Institute, China
Electronics Technology Group
Corporation 58 Research Institute, and
Zhuhai Orbita Control Systems to the
Entity List for acquiring and attempting
to acquire U.S.-origin items in support
of China’s military modernization
efforts. This activity is contrary to
national security and foreign policy
interests under § 744.11(b) of the EAR.
For these seven entities added to the
Entity List, BIS imposes a license
requirement for all items subject to the
EAR. For these seven entities, BIS will
review license applications under a
presumption of denial.
For the reasons described above, this
final rule adds the following seven
entities under seven entries to the Entity
List and includes, where appropriate,
aliases:
China
• China Aerospace Science and
Technology Corporation (CASC) 9th
Academy 771 Research Institute,
• China Aerospace Science and
Technology Corporation (CASC) 9th
Academy 772 Research Institute,
• China Academy of Space
Technology 502 Research Institute,
• China Academy of Space
Technology 513 Research Institute,
• China Electronics Technology
Group Corporation 43 Research
Institute,
• China Electronics Technology
Group Corporation 58 Research
Institute, and
• Zhuhai Orbita Control Systems
Corrections to the Entity List
This final rule also makes
typographical corrections to two
existing entities on the Entity List.
Beijing Tianhua and Tenfine Ltd. are
revised by correcting ‘‘Haidain’’ to
‘‘Haidian’’ in their addresses.
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Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Rules and Regulations
Savings Clause
For the changes being made in this
final rule, shipments of items removed
from eligibility for a License Exception
or export, reexport, or transfer (incountry) without a license (NLR) as a
result of this regulatory action that were
en route aboard a carrier to a port of
export, reexport, or transfer (in-country),
on August 24, 2022, pursuant to actual
orders for export, reexport, or transfer
(in-country) to or within a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export, reexport, or transfer (in-country)
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). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to or 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
Country
*
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CHINA, PEOPLE’S REPUBLIC OF.
VerDate Sep<11>2014
number 0694–0088, Simplified Network
Application Processing System, which
includes, among other things, license
applications and commodity
classifications, and carries a burden
estimate of 29.4 minutes for a manual or
electronic submission for a total burden
estimate of 33,133 hours. Total burden
hours associated with the PRA and
OMB control number 0694–0088 are not
expected to increase as a result of this
rule.
3. This rule does not contain policies
with federalism implications as that
term is defined in Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018, 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—CONTROL POLICY: END–
USER AND END–USE BASED
1. The authority citation for 15 CFR
part 744 continues to read as follows:
■
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For all items subject to
the EAR. (See § 744.11
of the EAR).
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Supplement No. 4 to Part 744—Entity
List
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License
review policy
*
Beijing Tianhua, a.k.a., the following
seventeen aliases:
—Beijing Tianhua International Co.,
Ltd.;
—Beijing BUAA Tianhua Technology
Company;
—Beijing BUAA Tianhua Technology
Co., Ltd.;
—Beijing Aerospace Technology Limited Liability Company;
—Beihang Tenfine Industry Group;
—Beijing Beihang Assets Management
Co., Ltd.;
—Beijing Beihang Science & Technology Co., Ltd.;
—Beijing Aerospace Technology LLC;
2. Supplement No. 4 to part 744 is
amended under CHINA, PEOPLE’S
REPUBLIC OF:
■ a. By revising the entry for ‘‘Beijing
Tianhua’’;
■ a. By adding, in alphabetical order,
entries for ‘‘China Aerospace Science
and Technology Corporation (CASC) 9th
Academy 771 Research Institute’’,
‘‘China Aerospace Science and
Technology Corporation (CASC) 9th
Academy 772 Research Institute’’,
‘‘China Academy of Space Technology
502 Research Institute, China Academy
of Space Technology 513 Research
Institute’’, ‘‘China Electronics
Technology Group Corporation 43
Research Institute’’, ‘‘China Electronics
Technology Group Corporation 58
Research Institute’’;
■ c. By revising the entry for ‘‘Tenfine
Ltd.’’, and
■ d. By adding, in alphabetical order, an
entry for ‘‘Zhuhai Orbita Control
Systems’’.
The additions and revisions read as
follows:
■
*
License
requirement
Entity
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. 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 September 15, 2021,
86 FR 52069 (September 17, 2021); Notice of
November 10, 2021, 86 FR 62891 (November
12, 2021).
Federal Register
citation
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Presumption of denial ......
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78 FR 75463 12/12/13.
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
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Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Rules and Regulations
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Country
—Beijing North China Aerospace
Science & Technology Ltd., Co.;
—Beijing North Space Technology Co.,
Ltd.;
—Beijing the Tianhua Easytouch International Trade Co., Ltd.;
—North and Astronautics, Beijing China
Times Technology Co., Ltd.;
—Beijing Beihang Haier Software Co.,
Ltd.;
—Red Technology;
—TRW Navigation Communication
Technology Co., Ltd.;
—Beijing North Aerospace Co-Technology Co., Ltd.; and
—Beijing Full Three Dimensional
Power Engineering Co., Ltd.
—37 Xue Yuan Rd., Beijing, China;
and
—Room 301, 3f Shining Tower, 35 Xue
Yuan Lu, Haidian District, Beijing,
China; and
—Room 311A, 3f Shining Tower, 35
Xue Yuan Lu, Haidian, Beijing,
China; and
—Room 411A, 4f Shining Tower, 35
Xue Yuan Lu, Haidian, Beijing,
China; and
—Room 401, 4f Shining Tower, 35 Xue
Yuan Lu, Haidian District, Beijing,
China; and
—Room 402a, 4f Shining Tower, 35
Xue Yuan Lu, Haidian, Beijing,
China; and
—Xueyan Road, Haidian District, Beijing City, 35th Ning Building, Room
402a.
*
*
China Aerospace Science and Technology Corporation (CASC) 9th
Academy 771 Research Institute,
a.k.a., the following five aliases:
—Xi’an Institute of Microelectronics;
—Xi’an Microelectronics Technology Institute;
—XMTI;
—771 Research Institute; and
—Lishan Microelectronics Company.
—No. 198 Taibai South Road, Shaanxi,
China; and No. 198 Taibai Nan
Road, Xian, China.
China Aerospace Science and Technology Corporation (CASC) 9th
Academy 772 Research Institute
a.k.a., the following four aliases:
—772 Research Institute;
—Beijing Institute of Microelectronics
Technology;
—Beijing Microelectronics Technology
Institute; and
—BMTI.
—No. 2, Siyingmen North Road,
Donggaodi, Fengtai District, Beijing,
China.
China Academy of Space Technology
502 Research Institute, a.k.a., the
following three aliases:
—502 Research Institute;
—Beijing Institute of Control Engineering; and
—BICE.
VerDate Sep<11>2014
License
requirement
License
review policy
Federal Register
citation
*
For all items subject to
the EAR. (See § 744.11
of the EAR).
*
*
Presumption of Denial .....
*
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
For all items subject to
the EAR. (See § 744.11
of the EAR).
Presumption of Denial .....
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
For all items subject to
the EAR. (See § 744.11
of the EAR).
Presumption of Denial .....
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
Entity
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Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Rules and Regulations
Country
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—No. 31 Zhongguancun Nan Street,
Beijing, China; and No. 16 South 3rd
Street, Zhonggu, Haidian District,
Beijing, China.
China Academy of Space Technology
513 Research Institute, a.k.a., the
following three aliases:
—513 Research Institute;
—Shandong Institute of Space Electronic Technology; and
—SISET.
—No. 513 Spaceflight Road, High-Tech
Zone, Shandong, China.
*
*
China Electronics Technology Group
Corporation 43 Research Institute,
a.k.a., the following three aliases:
—East China Research Institute of
Microelectronics;
—ECRIM; and
—CETC 43.
—No. 19, Hehuan Road, High-tech
Zone, Hefei City, China.
China Electronics Technology Group
Corporation 58 Research Institute,
a.k.a., the following two aliases:
—Wuxi
Microelectronics
Research
Center; and
—CETC 58.
—No. 777 Jianzhu West Road, Wuxi
City, China, and No. 5 Huihe Road,
Wuxi City, China.
*
*
Tenfine Ltd., a.k.a., the following two
aliases:
—Beijing Beihang Assets Management
Co. Ltd.; and
—Tenfine Limited Company.
—No 37 Xue Yuan Lu, Haidian, Beijing,
China; and
—37 Xue Yuan Road, Beijing, China;
and
—Room 401, 4f Shining Tower, 35 Xue
Yuan Lu, Haidian District, Beijing,
China; and
—Room 402b, 4F Shining Tower, 35
Xue Yuan Lu, Haidian, Beijing,
China; and
—Xueyan Road, Haidian District, Beijing City, 35th Ning Building, Room
402a.
*
*
Zhuhai Orbita Control Systems, a.k.a.,
the following three aliases:
—Zhuhai Orbita Control Engineering;
—Zhuhai Orbita Aerospace Science
and Technology; and
—Orbita.
—Orbita Tech Park, No.1, Baisha
Road, Tangjia Dongan, Zhuhai,
China.
*
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VerDate Sep<11>2014
License
requirement
License
review policy
Federal Register
citation
For all items subject to
the EAR. (See § 744.11
of the EAR).
Presumption of Denial .....
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
*
For all items subject to
the EAR. (See § 744.11
of the EAR).
*
*
Presumption of Denial .....
*
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
For all items subject to
the EAR. (See § 744.11
of the EAR).
Presumption of Denial .....
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
*
For all items subject to
the EAR. (See § 744.11
of the EAR).
*
*
Presumption of denial ......
*
78 FR 75463 12/12/13.
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
*
For all items subject to
the EAR. (See § 744.11
of the EAR).
*
*
Presumption of Denial .....
*
87 FR [INSERT FR PAGE
NUMBER] 8/24/22.
Entity
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Federal Register / Vol. 87, No. 163 / Wednesday, August 24, 2022 / Rules and Regulations
*
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Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2022–18268 Filed 8–23–22; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 24
[Docket No. TTB–2016–0010; T.D. TTB–185;
Re: Notice No. 164]
RIN 1513–AB61
Wine Treating Materials and Related
Regulations
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Final rule; Treasury decision.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) is amending its
regulations pertaining to the production
of wine to add to the list of materials
and processes authorized for the
treatment of wine and of the juice from
which wine is made, and to expand the
authorized uses of certain materials
already authorized under the
regulations. TTB is finalizing
amendments to the regulations
proposed in a notice of proposed
rulemaking, Notice No. 164, with some
changes in response to comments
received. Adding these wine treating
materials and processes to the TTB
regulations will increase the
acceptability in export markets of wine
produced using these materials and
processes.
DATES: This final rule is effective August
24, 2022.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
telephone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Table of Contents
I. Background
A. TTB Authority
B. Process for Approval of Wine Treating
Materials
C. Consultation With U.S. Food and Drug
Administration
II. Publication of Notice of Proposed
Rulemaking
III. Scope of Rulemaking and Petition for
Additional Changes
IV. Discussion of Comments
A. Comment Overview
VerDate Sep<11>2014
16:36 Aug 23, 2022
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B. General Support for the Regulatory
Amendments
C. General Comment of Opposition
D. Wine Treating Materials
1. Blends and Other Combinations of
Approved Treating Materials
2. Yeast Nutrients
3. Specific Wine Treating Materials
E. Proposed Processes for the Treatment of
Wine, Juice, and Distilling Material
1. Cross Flow Filtration
2. Reverse Osmosis in Combination With
Osmotic Transport
3. Ultrafiltration
4. Use of Wood to Treat Wine
F. Wine Spirits
G. Accidental Water Additions
H. Other Proposed Regulatory
Amendments
1. Technical Amendments to the List of
Authorized Wine and Juice Treating
Materials
2. Application for Use of New Treating
Material or Process
I. Other Issues for Public Comment and
Possible Regulatory Action Discussed in
Notice No. 164
1. Alcoholic Oak Extract
2. Lactic Acid
3. Reverse Osmosis To Enhance the Phenol
Flavor and Characteristics of Wine and
To Reduce the Water Content of
Standard Wine
4. Ultrafiltration To Separate White Grape
Juice
5. Additional Yeast Nutrients
6. Comments on Matters on Which TTB
Did Not Seek Comments
I. Background
A. TTB Authority
TTB authorizes the use of certain
wine treating materials and processes
under the authority of chapter 51 of the
Internal Revenue Code of 1986, as
amended (IRC), 26 U.S.C. chapter 51.
Specifically, certain provisions of the
IRC apply to the production of ‘‘natural
wine,’’ which is defined at 26 U.S.C.
5381 as the product of the juice or must
of sound, ripe grapes or other sound,
ripe fruit, made with such cellar
treatment as authorized under the IRC at
26 U.S.C. 5382. Section 5382(a) of the
IRC (26 U.S.C. 5382(a)) provides that
proper cellar treatment of natural wine
constitutes those practices and
procedures in the United States, of
using various methods and materials to
correct or stabilize the wine, or the fruit
juice from which it is made, so as to
produce a finished product acceptable
in good commercial practice as
prescribed by regulation. Section
5382(c) authorizes the Secretary of the
Treasury (Secretary) to prescribe, by
regulation, limitations on the
preparation and use of methods and
materials for clarifying, stabilizing,
preserving, fermenting, and correcting
wine and juice. In addition, section
5387(a) of the IRC (26 U.S.C. 5387(a)),
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which authorizes the production of
agricultural wine from agricultural
products other than the juice of fruit,
provides that such agricultural wine
must be made in accordance with good
commercial practice as prescribed by
regulation and may be cellar treated in
accordance with sections 5382(a) and (c)
of the IRC.
TTB administers chapter 51 of the IRC
and its implementing regulations
pursuant to section 1111(d) of the
Homeland Security Act of 2002, as
codified at 6 U.S.C. 531(d). The
Secretary has delegated certain
administrative and enforcement
authorities to TTB through Treasury
Order 120–01.
The regulations promulgated under
these authorities are set forth in part 24
of title 27 of the Code of Federal
Regulations (27 CFR part 24). The TTB
regulations at 27 CFR 24.246 list
materials authorized for the treatment of
wine and juice; 27 CFR 24.247 lists
materials authorized for the treatment of
distilling material used in the
production of wine; and 27 CFR 24.248
lists processes authorized for the
treatment of wine, juice, and distilling
material. The materials and processes
listed in these regulatory sections are
approved as being consistent with good
commercial practice in the production,
cellar treatment, or finishing of wine,
and where applicable in the treatment of
juice and distilling material, within
limitations provided.
B. Process for Approval of Wine
Treating Materials
Industry members wanting to use a
treating material or process not
specifically authorized in part 24 may
request authorization to do so. TTB may
administratively approve the use of
treating materials and processes not
listed in the regulations, either as an
experiment under 27 CFR 24.249 or for
continual use (acceptable in good
commercial practice) under 27 CFR
24.250. Applicants for such approvals
must submit to TTB a request describing
the material or process and the purpose,
manner, and extent to which the
material or process is to be used; certain
samples and test results; and any other
relevant information, as described in the
regulations. If the request is for the
approval of a material, the applicant
must also submit documentary evidence
of the U.S. Food and Drug
Administration (FDA) approval of the
material for its intended purpose in the
amounts, along with the recommended
minimum and maximum amounts of the
material, if any. Consistent with
§§ 24.246, 24.247, and 24.248, TTB may
approve the use of treating materials
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 87, Number 163 (Wednesday, August 24, 2022)]
[Rules and Regulations]
[Pages 51876-51880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18268]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 220818-0172]
RIN 0694-AI79
Additions of Entities to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Department of Commerce is amending the Export
Administration Regulations (EAR) by adding seven entities under seven
entries to the Entity List. These 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 and will be listed on the
Entity List under the destination of the People's Republic of China
(China). This final rule also corrects typographical errors in two
existing entries on the Entity List.
DATES: This rule is effective August 24, 2022.
FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary for Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone: (202) 482-5991,
Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Additions to the Entity List
The Entity List (supplement No. 4 to part 744 of the EAR (15 CFR
parts 730-774)) identifies entities for which there is reasonable cause
to believe, based on specific and articulable facts, that the entities
have been involved, are involved, or pose a significant risk of being
or becoming involved in activities contrary to the national security or
foreign policy interests of the United States, pursuant to Sec.
744.11(b). The EAR 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 document that added the entity to the Entity List. The Bureau
of Industry and Security (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
makes all decisions to remove or modify an entry by unanimous vote.
This rule implements the ERC's decisions to add seven entities to the
Entity List on the basis of Sec. 744.11(b). Paragraphs (b)(1) through
(5) of Sec. 744.11 include an illustrative list of activities that
could be contrary to the national security or foreign policy interests
of the United States.
The ERC determined to add China Aerospace Science and Technology
Corporation (CASC) 9th Academy 771 Research Institute, China Aerospace
Science and Technology Corporation (CASC) 9th Academy 772 Research
Institute, China Academy of Space Technology 502 Research Institute,
China Academy of Space Technology 513 Research Institute, China
Electronics Technology Group Corporation 43 Research Institute, China
Electronics Technology Group Corporation 58 Research Institute, and
Zhuhai Orbita Control Systems to the Entity List for acquiring and
attempting to acquire U.S.-origin items in support of China's military
modernization efforts. This activity is contrary to national security
and foreign policy interests under Sec. 744.11(b) of the EAR. For
these seven entities added to the Entity List, BIS imposes a license
requirement for all items subject to the EAR. For these seven entities,
BIS will review license applications under a presumption of denial.
For the reasons described above, this final rule adds the following
seven entities under seven entries to the Entity List and includes,
where appropriate, aliases:
China
China Aerospace Science and Technology Corporation (CASC)
9th Academy 771 Research Institute,
China Aerospace Science and Technology Corporation (CASC)
9th Academy 772 Research Institute,
China Academy of Space Technology 502 Research Institute,
China Academy of Space Technology 513 Research Institute,
China Electronics Technology Group Corporation 43 Research
Institute,
China Electronics Technology Group Corporation 58 Research
Institute, and
Zhuhai Orbita Control Systems
Corrections to the Entity List
This final rule also makes typographical corrections to two
existing entities on the Entity List. Beijing Tianhua and Tenfine Ltd.
are revised by correcting ``Haidain'' to ``Haidian'' in their
addresses.
[[Page 51877]]
Savings Clause
For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on August 24, 2022,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) 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). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to or 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 commodity classifications, and
carries a burden estimate of 29.4 minutes for a manual or electronic
submission for a total burden estimate of 33,133 hours. Total burden
hours associated with the PRA and OMB control number 0694-0088 are not
expected to increase as a result of this rule.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018, 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--CONTROL POLICY: END-USER AND END-USE BASED
0
1. The authority citation for 15 CFR part 744 continues 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. 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 September 15, 2021, 86 FR 52069 (September 17, 2021); Notice of
November 10, 2021, 86 FR 62891 (November 12, 2021).
0
2. Supplement No. 4 to part 744 is amended under CHINA, PEOPLE'S
REPUBLIC OF:
0
a. By revising the entry for ``Beijing Tianhua'';
0
a. By adding, in alphabetical order, entries for ``China Aerospace
Science and Technology Corporation (CASC) 9th Academy 771 Research
Institute'', ``China Aerospace Science and Technology Corporation
(CASC) 9th Academy 772 Research Institute'', ``China Academy of Space
Technology 502 Research Institute, China Academy of Space Technology
513 Research Institute'', ``China Electronics Technology Group
Corporation 43 Research Institute'', ``China Electronics Technology
Group Corporation 58 Research Institute'';
0
c. By revising the entry for ``Tenfine Ltd.'', and
0
d. By adding, in alphabetical order, an entry for ``Zhuhai Orbita
Control Systems''.
The additions and revisions read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License License review Federal Register
Country Entity requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S Beijing Tianhua, a.k.a., the For all items Presumption of 78 FR 75463 12/12/
REPUBLIC OF. following seventeen subject to the denial. 13.
aliases: EAR. (See Sec. 87 FR [INSERT FR
--Beijing Tianhua 744.11 of the PAGE NUMBER] 8/
International Co., Ltd.; EAR). 24/22.
--Beijing BUAA Tianhua
Technology Company;
--Beijing BUAA Tianhua
Technology Co., Ltd.;
--Beijing Aerospace
Technology Limited
Liability Company;
--Beihang Tenfine Industry
Group;
--Beijing Beihang Assets
Management Co., Ltd.;
--Beijing Beihang Science &
Technology Co., Ltd.;
--Beijing Aerospace
Technology LLC;
[[Page 51878]]
--Beijing North China
Aerospace Science &
Technology Ltd., Co.;
--Beijing North Space
Technology Co., Ltd.;
--Beijing the Tianhua
Easytouch International
Trade Co., Ltd.;
--North and Astronautics,
Beijing China Times
Technology Co., Ltd.;
--Beijing Beihang Haier
Software Co., Ltd.;
--Red Technology;
--TRW Navigation
Communication Technology
Co., Ltd.;
--Beijing North Aerospace Co-
Technology Co., Ltd.; and
--Beijing Full Three
Dimensional Power
Engineering Co., Ltd.
--37 Xue Yuan Rd., Beijing,
China; and
--Room 301, 3f Shining
Tower, 35 Xue Yuan Lu,
Haidian District, Beijing,
China; and
--Room 311A, 3f Shining
Tower, 35 Xue Yuan Lu,
Haidian, Beijing, China;
and
--Room 411A, 4f Shining
Tower, 35 Xue Yuan Lu,
Haidian, Beijing, China;
and
--Room 401, 4f Shining
Tower, 35 Xue Yuan Lu,
Haidian District, Beijing,
China; and
--Room 402a, 4f Shining
Tower, 35 Xue Yuan Lu,
Haidian, Beijing, China;
and
--Xueyan Road, Haidian
District, Beijing City,
35th Ning Building, Room
402a.
* * * * * *
China Aerospace Science and For all items Presumption of 87 FR [INSERT FR
Technology Corporation subject to the Denial. PAGE NUMBER] 8/
(CASC) 9th Academy 771 EAR. (See Sec. 24/22.
Research Institute, a.k.a., 744.11 of the
the following five aliases: EAR).
--Xi'an Institute of
Microelectronics;
--Xi'an Microelectronics
Technology Institute;
--XMTI;
--771 Research Institute;
and
--Lishan Microelectronics
Company.
--No. 198 Taibai South Road,
Shaanxi, China; and No. 198
Taibai Nan Road, Xian,
China.
China Aerospace Science and For all items Presumption of 87 FR [INSERT FR
Technology Corporation subject to the Denial. PAGE NUMBER] 8/
(CASC) 9th Academy 772 EAR. (See Sec. 24/22.
Research Institute a.k.a., 744.11 of the
the following four aliases: EAR).
--772 Research Institute;
--Beijing Institute of
Microelectronics
Technology;
--Beijing Microelectronics
Technology Institute; and
--BMTI.
--No. 2, Siyingmen North
Road, Donggaodi, Fengtai
District, Beijing, China.
China Academy of Space For all items Presumption of 87 FR [INSERT FR
Technology 502 Research subject to the Denial. PAGE NUMBER] 8/
Institute, a.k.a., the EAR. (See Sec. 24/22.
following three aliases: 744.11 of the
EAR).
--502 Research Institute;
--Beijing Institute of
Control Engineering; and
--BICE.
[[Page 51879]]
--No. 31 Zhongguancun Nan
Street, Beijing, China; and
No. 16 South 3rd Street,
Zhonggu, Haidian District,
Beijing, China.
China Academy of Space For all items Presumption of 87 FR [INSERT FR
Technology 513 Research subject to the Denial. PAGE NUMBER] 8/
Institute, a.k.a., the EAR. (See Sec. 24/22.
following three aliases: 744.11 of the
EAR).
--513 Research Institute;
--Shandong Institute of
Space Electronic
Technology; and
--SISET.
--No. 513 Spaceflight Road,
High-Tech Zone, Shandong,
China.
* * * * * *
China Electronics Technology For all items Presumption of 87 FR [INSERT FR
Group Corporation 43 subject to the Denial. PAGE NUMBER] 8/
Research Institute, a.k.a., EAR. (See Sec. 24/22.
the following three 744.11 of the
aliases: EAR).
--East China Research
Institute of
Microelectronics;
--ECRIM; and
--CETC 43.
--No. 19, Hehuan Road, High-
tech Zone, Hefei City,
China.
China Electronics Technology For all items Presumption of 87 FR [INSERT FR
Group Corporation 58 subject to the Denial. PAGE NUMBER] 8/
Research Institute, a.k.a., EAR. (See Sec. 24/22.
the following two aliases: 744.11 of the
EAR).
--Wuxi Microelectronics
Research Center; and
--CETC 58.
--No. 777 Jianzhu West Road,
Wuxi City, China, and No. 5
Huihe Road, Wuxi City,
China.
* * * * * *
Tenfine Ltd., a.k.a., the For all items Presumption of 78 FR 75463 12/12/
following two aliases: subject to the denial. 13.
--Beijing Beihang Assets EAR. (See Sec. 87 FR [INSERT FR
Management Co. Ltd.; and 744.11 of the PAGE NUMBER] 8/
EAR). 24/22.
--Tenfine Limited Company.
--No 37 Xue Yuan Lu,
Haidian, Beijing, China;
and
--37 Xue Yuan Road, Beijing,
China; and
--Room 401, 4f Shining
Tower, 35 Xue Yuan Lu,
Haidian District, Beijing,
China; and
--Room 402b, 4F Shining
Tower, 35 Xue Yuan Lu,
Haidian, Beijing, China;
and
--Xueyan Road, Haidian
District, Beijing City,
35th Ning Building, Room
402a.
* * * * * *
Zhuhai Orbita Control For all items Presumption of 87 FR [INSERT FR
Systems, a.k.a., the subject to the Denial. PAGE NUMBER] 8/
following three aliases: EAR. (See Sec. 24/22.
--Zhuhai Orbita Control 744.11 of the
Engineering; EAR).
--Zhuhai Orbita Aerospace
Science and Technology; and
--Orbita.
--Orbita Tech Park, No.1,
Baisha Road, Tangjia
Dongan, Zhuhai, China.
* * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
[[Page 51880]]
* * * * *
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-18268 Filed 8-23-22; 8:45 am]
BILLING CODE 3510-33-P
