Modification to the Entity List, 78856-78857 [2022-28033]
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78856
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Rules and Regulations
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.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 221220–0279]
RIN 0694–AJ05
Modification to the Entity List
Modification to the Entity List
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
The agencies represented on the ERC
determined to modify Private Military
Company ‘Wagner’ on the Entity List,
under the destination of Russia. This
entry is modified by adding one
address, two additional aliases, and a
footnote 3 designation. A footnote 3
designation means that an entity has
been determined to be a Russian or
Belarusian ‘military end user.’ This
entity was originally added to the Entity
List on June 22, 2017, for having been
determined by the U.S. Government to
be acting contrary to the national
security or foreign policy interests of the
United States under § 744.11. (82 FR
28405) This entry is being modified
because the entity was determined to be
a Russian military end user under
§ 744.21 of the EAR. Licenses for this
entity will now be reviewed under a
policy of denial for all items subject to
the EAR apart from food and medicine
designated as EAR99, which will be
reviewed on a case-by-case basis. The
license requirements under this entry
also extend to any export, reexport and
transfer (in-country) to the entity
wherever located worldwide.
AGENCY:
The Bureau of Industry and
Security is amending the Export
Administration Regulations (EAR) by
modifying one entity on the Entity List.
This final rule modifies one entity on
the Entity List under the destination of
Russia.
DATES: This rule is effective December
21, 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:
TKELLEY on DSK125TN23PROD with RULES
Background
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 § 744.11(b). The EAR
impose additional license requirements
on, and limit the availability of, most
license exceptions for exports,
reexports, and transfers (in-country)
where a listed entity is a party to the
transaction. 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),
VerDate Sep<11>2014
19:31 Dec 22, 2022
Jkt 259001
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 December 21, 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
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
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—[AMENDED]
1. The authority citation for part 744
continues to read as follows:
■
E:\FR\FM\23DER1.SGM
23DER1
78857
Federal Register / Vol. 87, No. 246 / Friday, December 23, 2022 / Rules and Regulations
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
Country
License
requirement
*
RUSSIA
*
*
*
*
*
*
*
*
*
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2022–28033 Filed 12–21–22; 4:15 pm]
BILLING CODE 3510–JT–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Parts 130 and 131
[Docket No. FDA–2000–P–0126 (formerly
Docket No. 2000P–0658)]
RIN 0910–AI40
International Dairy Foods Association
and Chobani, Inc.: Response to the
Objections and Requests for a Public
Hearing on the Final Rule To Revoke
the Standards for Lowfat Yogurt and
Nonfat Yogurt and To Amend the
Standard for Yogurt; Correction
AGENCY:
Food and Drug Administration,
HHS.
Final rule; response to
objections and denial of public hearing
requests; removal of administrative stay;
correction.
TKELLEY on DSK125TN23PROD with RULES
ACTION:
The Food and Drug
Administration is correcting a final rule
entitled ‘‘International Dairy Foods
Association and Chobani, Inc.: Response
SUMMARY:
VerDate Sep<11>2014
19:29 Dec 22, 2022
Jkt 259001
Supplement No. 4 to Part 744—Entity
List
*
For all items subject to
the EAR. (See
§§ 734.9(g),3
746.8(a)(3), and
744.21(b) of the EAR).
The license requirements under this entry
also extend to any export, reexport and transfer (in-country) to the
entity wherever located
worldwide
*
*
Frm 00039
Fmt 4700
*
*
Sfmt 4700
*
*
Federal Register citation
*
*
*
Policy of denial for all
items subject to the
EAR apart from food
and medicine designated as EAR99,
which will be reviewed
on a case-by-case
basis. See §§ 746.8(b)
and 744.21(e).
*
*
82 FR 28408, 6/22/17. 87
FR [INSERT FR PAGE
NUMBER] 12/23/22.
*
*
*
*
*
*
to the Objections and Requests for a
Public Hearing on the Final Rule To
Revoke the Standards for Lowfat Yogurt
and Nonfat Yogurt and To Amend the
Standard for Yogurt’’ that appeared in
the Federal Register of December 15,
2022. The final rule revoked the
standards of identity for lowfat yogurt
and nonfat yogurt and amended the
standard of identity for yogurt in
numerous respects. The document was
published with an errant reference to its
effective date in the preamble
discussion. This document corrects that
error.
DATES: This correction is effective
January 17, 2023, and applicable
December 15, 2022.
FOR FURTHER INFORMATION CONTACT:
Andrea Krause, Center for Food Safety
and Applied Nutrition (HFS–820), Food
and Drug Administration, 5001 Campus
Dr., College Park, MD 20740, 240–402–
2371, or Joan Rothenberg, Center for
Food Safety and Applied Nutrition,
Office of Regulations and Policy (HFS–
024), Food and Drug Administration,
5001 Campus Dr., College Park, MD
20740, 240–402–2378.
SUPPLEMENTARY INFORMATION: In the
Federal Register of Wednesday,
December 15, 2022 (87 FR 765590),
appearing on page 76567, in FR Doc.
2022–27040, the following correction is
made:
1. On page 76567, in the third
column, in the fifth sentence of the third
PO 00000
*
License review policy
*
*
*
Private Military Company ‘Wagner’,
a.k.a., the following five aliases:
—Chastnaya Voennaya Kompaniya
‘Vagner’;
—Chvk Vagner;
—PMC Wagner;
—Wagner Group; and
—Vagner Group.
15 Zolnaya Street, Saint Petersburg,
195213, Russia
*
2. Supplement No. 4 to part 744 is
amended under RUSSIA by revising the
entry for ‘‘Private Military Company
‘Wagner’ ’’ to read as follows:
■
*
Entity
*
*
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 19, 2022,
87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November
10, 2022).
paragraph under IV. Summary and
Conclusions, ‘‘[DATE OF
PUBLICATION IN THE FEDERAL
REGISTER]’’ is corrected to read
‘‘January 17, 2023’’.
Dated: December 16, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–27816 Filed 12–22–22; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF JUSTICE
Drug Enforcement Administration
21 CFR Part 1308
[Docket No. DEA–945]
Schedules of Controlled Substances:
Removal of Fenfluramine From Control
Drug Enforcement
Administration, Department of Justice.
ACTION: Final rule.
AGENCY:
With the issuance of this final
rule, the Drug Enforcement
Administration removes fenfluramine
(chemical name: N-ethyl-a-methyl-3(trifluoromethyl)phenethylamine),
including its salts, isomers, and salts of
isomers whenever the existence of such
salts, isomers, and salts is possible, from
the schedules of the Controlled
Substances Act. Prior to the effective
date of this rule, fenfluramine was a
SUMMARY:
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 87, Number 246 (Friday, December 23, 2022)]
[Rules and Regulations]
[Pages 78856-78857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28033]
[[Page 78856]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 221220-0279]
RIN 0694-AJ05
Modification to the Entity List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security is amending the Export
Administration Regulations (EAR) by modifying one entity on the Entity
List. This final rule modifies one entity on the Entity List under the
destination of Russia.
DATES: This rule is effective December 21, 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
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 impose additional license requirements on, and limit
the availability of, most license exceptions for exports, reexports,
and transfers (in-country) where a listed entity is a party to the
transaction. 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.
Modification to the Entity List
The agencies represented on the ERC determined to modify Private
Military Company `Wagner' on the Entity List, under the destination of
Russia. This entry is modified by adding one address, two additional
aliases, and a footnote 3 designation. A footnote 3 designation means
that an entity has been determined to be a Russian or Belarusian
`military end user.' This entity was originally added to the Entity
List on June 22, 2017, for having been determined by the U.S.
Government to be acting contrary to the national security or foreign
policy interests of the United States under Sec. 744.11. (82 FR 28405)
This entry is being modified because the entity was determined to be a
Russian military end user under Sec. 744.21 of the EAR. Licenses for
this entity will now be reviewed under a policy of denial for all items
subject to the EAR apart from food and medicine designated as EAR99,
which will be reviewed on a case-by-case basis. The license
requirements under this entry also extend to any export, reexport and
transfer (in-country) to the entity wherever located worldwide.
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 December 21, 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.
0
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 continues to read as follows:
[[Page 78857]]
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 19, 2022, 87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).
0
2. Supplement No. 4 to part 744 is amended under RUSSIA by revising the
entry for ``Private Military Company `Wagner' '' to read as follows:
Supplement No. 4 to Part 744--Entity List
* * * * *
----------------------------------------------------------------------------------------------------------------
License License review Federal Register
Country Entity requirement policy citation
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
RUSSIA * * * * * *
Private Military Company For all items Policy of denial 82 FR 28408, 6/22/
`Wagner', a.k.a., the subject to the for all items 17. 87 FR
following five aliases: EAR. (See Sec. subject to the [INSERT FR PAGE
--Chastnaya Voennaya Sec. EAR apart from NUMBER] 12/23/
Kompaniya `Vagner'; 734.9(g),\3\ food and 22.
--Chvk Vagner; 746.8(a)(3), and medicine
--PMC Wagner; 744.21(b) of the designated as
--Wagner Group; and EAR). The license EAR99, which
--Vagner Group. requirements under will be reviewed
15 Zolnaya Street, Saint this entry also on a case-by-
Petersburg, 195213, Russia extend to any case basis. See
export, reexport Sec. Sec.
and transfer (in- 746.8(b) and
country) to the 744.21(e).
entity wherever
located worldwide
* * * * * *
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-28033 Filed 12-21-22; 4:15 pm]
BILLING CODE 3510-JT-P
