Revisions to the Unverified List, 57002-57004 [2023-18125]
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57002
Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (m)(5) and (6) of this AD.
(g) Required Actions
(1) Within 30 days after the effective date
of this AD, perform an ultrasonic inspection
(USI) of the HPT 1st-stage hubs for cracks in
accordance with the Accomplishment
Instructions, paragraph 9.A. or 9.B., as
applicable, of PW Service Bulletin (SB)
PW1000G–C–72–00–0188–00A–930A–D,
Issue No: 002, dated July 8, 2022 (PW1000G–
C–72–00–0188–00A–930A–D, Issue 002).
(2) Within 30 days after the effective date
of this AD, perform a USI of the HPT 2ndstage hubs for cracks in accordance with the
Accomplishment Instructions, paragraph 9.C.
or 9.D., as applicable, of PW SB PW1000G–
C–72–00–0188–00A–930A–D, Issue 002.
(3) If a rejectable indication is found during
the inspections required by paragraph (g)(1)
or (2) of this AD, before further flight, replace
the HPT 1st-stage hub or HPT 2nd-stage hub
with a part eligible for installation.
(m) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(3) The following service information was
approved for IBR on August 28, 2023.
(i) Pratt & Whitney Special Instruction No.
149F–23, dated August 4, 2023.
(ii) [Reserved]
(4) The following service information was
approved for IBR on November 7, 2022 (87
FR 59660, October 3, 2022; corrected 87 FR
64156, October 24, 2022).
(i) Pratt & Whitney Service Bulletin
PW1000G–C–72–00–0188–00A–930A–D,
Issue No.: 002, dated July 8, 2022.
(ii) [Reserved]
(5) For Pratt & Whitney service information
identified in this AD, contact International
Aero Engines, LLC, 400 Main Street, East
Hartford, CT 06118; phone: (860) 690–9667;
email: help24@pw.utc.com; website:
connect.prattwhitney.com.
(6) You may view this service information
at the FAA, Airworthiness Products Section,
Operational Safety Branch, 1200 District
Avenue, Burlington, MA 01803. For
information on the availability of this
material at the FAA, call (817) 222–5110.
(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA,
email: fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
(h) Definition
For the purpose of this AD, a ‘‘part eligible
for installation’’ is:
(1) Any HPT 1st-stage hub or HPT 2ndstage hub that has passed the USI required
by paragraphs (g)(1) or (2) of this AD.
(2) Any HPT 1st-stage hub or HPT 2ndstage hub with a certificate of conformance
indicating ‘‘PW1000G–C–72–00–0188–00A–
930A–D,’’ ‘‘1 CODE 45S,’’ or identified by
part marking ‘‘21CC332’’ or ‘‘SB 72–0188.’’
(i) Credit for Previous Actions
You may take credit for the USIs required
by paragraphs (g)(1) and (2) of this AD if you
performed the USIs before the effective date
of this AD using PW SB PW1000G–C–72–00–
0188–00A–930A–D, Issue No: 001, dated
September 13, 2021.
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(j) Terminating Action to AD 2022–19–15
Compliance with this AD satisfies the
requirements of AD 2022–19–15.
(k) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, AIR–520, Continued
Operational Safety Branch, FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the branch manager, send it to the
attention of the person identified in
paragraph (l) of this AD and email to: ANEAD-AMOC@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(l) Additional Information
(1) For more information about this AD,
contact Carol Nguyen, Aviation Safety
Engineer, 2200 South 216th Street, Des
Moines, WA 98198; phone: (781) 238–7655;
email: carol.nguyen@faa.gov.
VerDate Sep<11>2014
15:46 Aug 21, 2023
Jkt 259001
Issued on August 11, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–18114 Filed 8–18–23; 11:15 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 230810–0191]
RIN 0694–AJ33
Revisions to the Unverified List
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) by
SUMMARY:
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removing a total of 35 persons from the
Unverified List (UVL), including 27
under the destination of China, one
under the destination of Indonesia, two
under the destination of Pakistan, one
under the destination of Singapore, one
under the destination of Turkey, and
one under the destination of the United
Arab Emirates because BIS was able to
verify their bona fides; two persons,
under the destination of Russia, are also
removed from the UVL after they were
added to the Entity List.
DATES: This rule is effective August 22,
2023.
FOR FURTHER INFORMATION CONTACT: For
questions on the Unverified List
revisions, contact Linda Minsker,
Director, Office of Enforcement
Analysis, Phone: (202) 482–4255, Email:
UVLRequest@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Unverified List Changes
The UVL, found in supplement no. 6
to part 744 of the EAR (15 CFR parts
730–774), contains the names and
addresses of foreign persons who are or
have been parties to a transaction, as
described in § 748.5 of the EAR,
involving the export, reexport, or
transfer (in-country) of items subject to
the EAR. These foreign persons are
added to the UVL because BIS or federal
officials acting on BIS’s behalf were
unable to verify their bona fides (i.e.,
legitimacy and reliability relating to the
end use and end user of items subject
to the EAR) through the completion of
an end-use check. Sometimes these
checks, such as a pre-license check
(PLC) or a post-shipment verification
(PSV), cannot be completed
satisfactorily for reasons outside the
U.S. Government’s control.
There are any number of reasons why
these checks cannot be completed to the
satisfaction of the U.S. Government. The
reasons include, but are not limited to:
(1) reasons unrelated to the cooperation
of the foreign party subject to the enduse check (for example, BIS sometimes
initiates end-use checks but is unable to
complete them because the foreign party
cannot be found at the address indicated
on the associated export documents and
BIS cannot contact the party by
telephone or email); (2) reasons related
to a lack of cooperation by the host
government that fails to schedule and
facilitate the completion of an end-use
check, for example by host government
agencies’ lack of responses to requests to
conduct end-use checks, actions
preventing the scheduling of such
checks, or refusals to schedule checks in
a timely manner; or (3) when, during the
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Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
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end-use check, a recipient of items
subject to the EAR is unable to produce
the items that are the subject of the enduse check for visual inspection or
provide sufficient documentation or
other evidence to confirm the
disposition of the items.
BIS’s inability to confirm the bona
fides of foreign persons subject to enduse checks for the reasons described
above raises concerns about the
suitability of such persons as
participants in future exports, reexports,
or transfers (in-country) of items subject
to the EAR; this also indicates a risk that
such items may be diverted to
prohibited end uses and/or end users.
Under such circumstances, there may
not be sufficient information to add the
foreign person at issue to the Entity List
under § 744.11 of the EAR. Therefore,
BIS may add the foreign person to the
UVL.
As provided in § 740.2(a)(17) of the
EAR, the use of license exceptions for
exports, reexports, and transfers (incountry) involving a party or parties to
the transaction who are listed on the
UVL is suspended. Additionally, under
§ 744.15(b) of the EAR, there is a
requirement for exporters, re-exporters,
and transferors to obtain (and maintain
a record of) a UVL statement from a
party or parties to the transaction who
are listed on the UVL before proceeding
with exports, reexports, and transfers
(in-country) to such persons, when the
exports, reexports, and transfers (incountry) are not subject to a license
requirement. Finally, pursuant to
§ 758.1(b)(8), Electronic Export
Information (EEI) must be filed in the
Automated Export System (AES) for all
exports of tangible items subject to the
EAR where any party to the transaction,
as described in § 748.5(d) through (f), is
listed on the UVL.
Requests for the removal of a UVL
entry must be made in accordance with
§ 744.15(d) of the EAR. Decisions
regarding the removal or modification of
UVL entry will be made by the Deputy
Assistant Secretary for Export
Enforcement, based on a demonstration
by the listed person of their bona fides.
Removals From the UVL
This final rule removes 33 persons
from the UVL after BIS was able to
verify their bona fides. This rule
removes the following 27 persons under
the destination of China: ‘‘Beijing
PowerMac Company;’’ ‘‘Beijing SWT
Science;’’ ‘‘Beijing Zhonghehangxun
Technology;’’ ‘‘Chongqing Xinyuhang
Technology Co., Ltd.;’’ ‘‘Dandong Center
for Food Control;’’ ‘‘DK Laser Company
Ltd.;’’ ‘‘Guangdong Guanghua Sci-Tech
Co.;’’ ‘‘Guangzhou GRG Metrology &
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57003
Test (Beijing) Co., Ltd.;’’ ‘‘Gucheng Xian
Fengxin Titanium Alloy;’’ ‘‘Hunan
University;’’ ‘‘Jialin Precision Optics
(Shanghai) Co., Ltd.;’’ ‘‘Jinan Bodor CNC
Machine Co., Ltd.;’’ ‘‘Lishui Zhengyang
Electric Power Construction;’’ ‘‘Luoyang
Weimi Optics;’’ ‘‘Nanchang University;’’
‘‘Nanjing Gova Technology Co. Ltd.;’’
‘‘Qingdao Sci-Tech Innovation Quality
Testing Co. Ltd.;’’ ‘‘Shuang Xiang
(Fujian) Electronics;’’ ‘‘Sino
Superconductor Technology;’’ ‘‘Suzhou
Chaowei Jingna Optoelectric Co.;’’
‘‘Suzhou Sen-Chuan Machinery
Technology Co., Ltd.;’’ ‘‘Tianjin Optical
Valley Technology Co., Ltd.;’’ ‘‘TRI
Microsystems;’’ ‘‘Wuxi Hengling
Technology Co., Ltd.;’’ ‘‘Yunnan FS
Optics Co., Ltd.;’’ ‘‘Yunnan Tianhe
Optoelectronic Co., Ltd.;’’ and
‘‘Zhuzhou CRRC Special Equipment
Technology Co.’’ This rule also removes
‘‘PT Smart Cakrawala Aviation’’ under
the destination of Indonesia, ‘‘Seven
Star Company’’ and ‘‘T.M.A.
International’’ under the destination of
Pakistan, ‘‘Smart Cakrawala Aviation’’
under the destination of Singapore,
‘‘Odak Kimya’’ under the destination of
Turkey, and ‘‘Recaz Star General
Trading LLC’’ under the destination of
the United Arab Emirates. BIS is
removing these 33 persons pursuant to
§ 744.15(c)(2) of the EAR.
On June 6, 2022, in the final rule
‘‘Additions of Entities to the Entity List’’
(87 FR 34154), BIS added ‘‘OAO
Radiofizika’’ and ‘‘Voentelecom JSC’’
under the destination of Russia to the
Entity List. Therefore, as a conforming
change, this final rule also removes
‘‘Radiofizika OAO’’ and ‘‘JSC
Voentelecom’’, under the destination of
Russia, from the Unverified List.
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule is not a
‘‘significant regulatory action’’ under
Executive Order 12866.
This rule does not contain policies
with federalism implications as that
term is defined under Executive Order
13132.
Export Control Reform Act of 2018
Pursuant to section 4821 of ECRA,
this action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements for notice of
proposed rulemaking and opportunity
for public participation.
Further, no other law requires notice
of proposed rulemaking or opportunity
for public comment for this final rule.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable.
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
final rule.
Rulemaking Requirements
Executive Order Requirements
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, distribute impacts, and equity).
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Paperwork Reduction Act
Requirements
Notwithstanding any other provision
of law, no person is required to respond
to, nor is 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 the
following control numbers: 0694–0088
(Simplified Network Application
Processing System—Redesign (SNAP–R)
and the Multipurpose Export License
Application), 0694–0122 (Licensing
Responsibilities and Enforcement), and
0694–0137 (License Exceptions and
Exclusions). The restoration of license
exceptions for listed persons on the
Unverified List will result in decreased
license applications being submitted to
BIS by exporters. The total burden hours
associated with the Paperwork
Reduction Act are not expected to
change.
Administrative Procedure Act and
Regulatory Flexibility Act
Requirements
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping
requirements, Terrorism.
Accordingly, part 744 of the Export
Administration Regulations (15 CFR
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57004
Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Rules and Regulations
parts 730 through 774) is amended as
follows:
e. Under SINGAPORE by removing
the entry for ‘‘Smart Cakrawala
Aviation;’’
■ f. Under TURKEY by removing the
entry for ‘‘Odak Kimya;’’ and
■ g. Under the UNITED ARAB
EMIRATES by removing the entry for
‘‘Recaz Star General Trading LLC.’’
■
PART 744—[AMENDED]
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 19, 2022,
87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November
10, 2022).
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15:46 Aug 21, 2023
Jkt 259001
[Docket Number USCG–2023–0542]
RIN 1625–AA00
[FR Doc. 2023–18125 Filed 8–21–23; 8:45 am]
AGENCY:
BILLING CODE 3510–33–P
ACTION:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is
establishing two temporary safety zones
for navigable waters of the Savannah
River, within a 500-yard radius around
Motor Vessel (M/V) BIGLIFT
BARENTSZ. The safety zones are
needed to protect personnel, vessels,
and the marine environment from
potential hazards created by the transit
through the Savannah River to Georgia
Port Authority Garden City Terminal
Berth No. 1 while carrying large cranes,
and for the offload of those cranes to the
facility. Entry of vessels or persons into
the safety zones are prohibited unless
specifically authorized by the Captain of
the Port Savannah or a designated
representative.
SUMMARY:
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
■
VerDate Sep<11>2014
33 CFR Part 165
Safety Zones; Savannah River, M/V
BIGLIFT BARENTSZ, Savannah, GA
RIN 0960–AG65
2. Supplement no. 6 to part 744 is
amended:
■ a. Under CHINA, PEOPLE’S
REPUBLIC OF by removing the entries
for ‘‘Beijing PowerMac Company;’’
‘‘Beijing SWT Science;’’ ‘‘Beijing
Zhonghehangxun Technology;’’
‘‘Chongqing Xinyuhang Technology Co.,
Ltd.;’’ ‘‘Dandong Center for Food
Control;’’ ‘‘DK Laser Company Ltd.;’’
‘‘Guangdong Guanghua Sci-Tech Co.;’’
‘‘Guangzhou GRG Metrology & Test
(Beijing) Co., Ltd.;’’ ‘‘Gucheng Xian
Fengxin Titanium Alloy;’’ ‘‘Hunan
University;’’ ‘‘Jialin Precision Optics
(Shanghai) Co., Ltd.;’’ ‘‘Jinan Bodor CNC
Machine Co., Ltd.;’’ ‘‘Lishui Zhengyang
Electric Power Construction;’’ ‘‘Luoyang
Weimi Optics;’’ ‘‘Nanchang University;’’
‘‘Nanjing Gova Technology Co., Ltd.;’’
‘‘Qingdao Sci-Tech Innovation Quality
Testing Co., Ltd.;’’ ‘‘Shuang Xiang
(Fujian) Electronics;’’ ‘‘Sino
Superconductor Technology;’’ ‘‘Suzhou
Chaowei Jingna Optoelectric Co.;’’
‘‘Suzhou Sen-Chuan Machinery
Technology Co., Ltd.;’’ ‘‘Tianjin Optical
Valley Technology Co., Ltd.;’’ ‘‘TRI
Microsystems;’’ ‘‘Wuxi Hengling
Technology Co., Ltd.;’’ ‘‘Yunnan FS
Optics Co., Ltd.;’’ ‘‘Yunnan Tianhe
Optoelectronic Co., Ltd.;’’ and
‘‘Zhuzhou CRRC Special Equipment
Technology Co.;’’
■ b. By removing the country listing for
INDONESIA and the entry for ‘‘PT
Smart Cakrawala Aviation’’ under the
listing;
■ c. Under PAKISTAN by removing the
entries for ‘‘T.M.A. International’’ and
‘‘Seven Star Company;’’
■ d. Under RUSSIA by removing the
entries for and ‘‘JSC Voentelecom’’ and
‘‘Radiofizika OAO;’’
Coast Guard
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[Docket No. SSA–2017–0042]
Supplement No. 6 to Part 744
[Amended]
DEPARTMENT OF HOMELAND
SECURITY
Revised Medical Criteria for Evaluating
Digestive Disorders and Skin
Disorders
Correction
In Rule Document C1–2023–11771,
appearing on page 55366 in the issue of
Tuesday, August 15, 2023, amendatory
instruction 1 and the following text is
corrected to read as follows:
1, On page 37740, in the first column,
after line 32 of Part 404, Appendix 1 to
Subpart P, is corrected as set forth
below.
*
*
*
*
*
■
PART 404—FEDERAL OLD–AGE,
SURVIVORS AND DISABILITY
INSURANCE (1950–) [Corrected]
*
*
*
*
*
*
*
*
Appendix 1 to Subpart P of Part 404—
Listing of Impairments
*
*
*
*
*
(a) The initial calculation is:
I. Table of Abbreviations
SSA CLDi =
9.57 × [loge (serum creatinine mg/dL)]
+ 3.78 × [loge (serum total bilirubin mg/
dL)]
+ 11.2 × [loge (INR)]
+ 6.43
rounded to the nearest whole integer.
*
*
*
*
*
[FR Doc. C2–2023–11771 Filed 8–21–23; 8:45 am]
BILLING CODE 0099–10–P
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If
you have questions on this rule, call or
email Marine Science Technician First
Class Kellyn Starkey, Shoreside
Compliance, Marine Safety Unit
Savannah, U.S. Coast Guard; telephone
912–652–4353, email Kellyn.A.Starkey@
uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
*
Subpart P—Determining Disability and
Blindness
*
This rule is effective from 7 a.m.
on August 24, 2023 through 11:59 p.m.
on September 11, 2023.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2023–
0542 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
DATES:
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
M/V Motor Vessel
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary rule without prior notice and
opportunity to comment pursuant to
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]]>Agencies
[Federal Register Volume 88, Number 161 (Tuesday, August 22, 2023)]
[Rules and Regulations]
[Pages 57002-57004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18125]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 230810-0191]
RIN 0694-AJ33
Revisions to the Unverified List
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by removing a total of 35
persons from the Unverified List (UVL), including 27 under the
destination of China, one under the destination of Indonesia, two under
the destination of Pakistan, one under the destination of Singapore,
one under the destination of Turkey, and one under the destination of
the United Arab Emirates because BIS was able to verify their bona
fides; two persons, under the destination of Russia, are also removed
from the UVL after they were added to the Entity List.
DATES: This rule is effective August 22, 2023.
FOR FURTHER INFORMATION CONTACT: For questions on the Unverified List
revisions, contact Linda Minsker, Director, Office of Enforcement
Analysis, Phone: (202) 482-4255, Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Unverified List Changes
The UVL, found in supplement no. 6 to part 744 of the EAR (15 CFR
parts 730-774), contains the names and addresses of foreign persons who
are or have been parties to a transaction, as described in Sec. 748.5
of the EAR, involving the export, reexport, or transfer (in-country) of
items subject to the EAR. These foreign persons are added to the UVL
because BIS or federal officials acting on BIS's behalf were unable to
verify their bona fides (i.e., legitimacy and reliability relating to
the end use and end user of items subject to the EAR) through the
completion of an end-use check. Sometimes these checks, such as a pre-
license check (PLC) or a post-shipment verification (PSV), cannot be
completed satisfactorily for reasons outside the U.S. Government's
control.
There are any number of reasons why these checks cannot be
completed to the satisfaction of the U.S. Government. The reasons
include, but are not limited to: (1) reasons unrelated to the
cooperation of the foreign party subject to the end-use check (for
example, BIS sometimes initiates end-use checks but is unable to
complete them because the foreign party cannot be found at the address
indicated on the associated export documents and BIS cannot contact the
party by telephone or email); (2) reasons related to a lack of
cooperation by the host government that fails to schedule and
facilitate the completion of an end-use check, for example by host
government agencies' lack of responses to requests to conduct end-use
checks, actions preventing the scheduling of such checks, or refusals
to schedule checks in a timely manner; or (3) when, during the
[[Page 57003]]
end-use check, a recipient of items subject to the EAR is unable to
produce the items that are the subject of the end-use check for visual
inspection or provide sufficient documentation or other evidence to
confirm the disposition of the items.
BIS's inability to confirm the bona fides of foreign persons
subject to end-use checks for the reasons described above raises
concerns about the suitability of such persons as participants in
future exports, reexports, or transfers (in-country) of items subject
to the EAR; this also indicates a risk that such items may be diverted
to prohibited end uses and/or end users. Under such circumstances,
there may not be sufficient information to add the foreign person at
issue to the Entity List under Sec. 744.11 of the EAR. Therefore, BIS
may add the foreign person to the UVL.
As provided in Sec. 740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec. 744.15(b) of the EAR, there is a
requirement for exporters, re-exporters, and transferors to obtain (and
maintain a record of) a UVL statement from a party or parties to the
transaction who are listed on the UVL before proceeding with exports,
reexports, and transfers (in-country) to such persons, when the
exports, reexports, and transfers (in-country) are not subject to a
license requirement. Finally, pursuant to Sec. 758.1(b)(8), Electronic
Export Information (EEI) must be filed in the Automated Export System
(AES) for all exports of tangible items subject to the EAR where any
party to the transaction, as described in Sec. 748.5(d) through (f),
is listed on the UVL.
Requests for the removal of a UVL entry must be made in accordance
with Sec. 744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL entry will be made by the Deputy Assistant
Secretary for Export Enforcement, based on a demonstration by the
listed person of their bona fides.
Removals From the UVL
This final rule removes 33 persons from the UVL after BIS was able
to verify their bona fides. This rule removes the following 27 persons
under the destination of China: ``Beijing PowerMac Company;'' ``Beijing
SWT Science;'' ``Beijing Zhonghehangxun Technology;'' ``Chongqing
Xinyuhang Technology Co., Ltd.;'' ``Dandong Center for Food Control;''
``DK Laser Company Ltd.;'' ``Guangdong Guanghua Sci-Tech Co.;''
``Guangzhou GRG Metrology & Test (Beijing) Co., Ltd.;'' ``Gucheng Xian
Fengxin Titanium Alloy;'' ``Hunan University;'' ``Jialin Precision
Optics (Shanghai) Co., Ltd.;'' ``Jinan Bodor CNC Machine Co., Ltd.;''
``Lishui Zhengyang Electric Power Construction;'' ``Luoyang Weimi
Optics;'' ``Nanchang University;'' ``Nanjing Gova Technology Co.
Ltd.;'' ``Qingdao Sci-Tech Innovation Quality Testing Co. Ltd.;''
``Shuang Xiang (Fujian) Electronics;'' ``Sino Superconductor
Technology;'' ``Suzhou Chaowei Jingna Optoelectric Co.;'' ``Suzhou Sen-
Chuan Machinery Technology Co., Ltd.;'' ``Tianjin Optical Valley
Technology Co., Ltd.;'' ``TRI Microsystems;'' ``Wuxi Hengling
Technology Co., Ltd.;'' ``Yunnan FS Optics Co., Ltd.;'' ``Yunnan Tianhe
Optoelectronic Co., Ltd.;'' and ``Zhuzhou CRRC Special Equipment
Technology Co.'' This rule also removes ``PT Smart Cakrawala Aviation''
under the destination of Indonesia, ``Seven Star Company'' and ``T.M.A.
International'' under the destination of Pakistan, ``Smart Cakrawala
Aviation'' under the destination of Singapore, ``Odak Kimya'' under the
destination of Turkey, and ``Recaz Star General Trading LLC'' under the
destination of the United Arab Emirates. BIS is removing these 33
persons pursuant to Sec. 744.15(c)(2) of the EAR.
On June 6, 2022, in the final rule ``Additions of Entities to the
Entity List'' (87 FR 34154), BIS added ``OAO Radiofizika'' and
``Voentelecom JSC'' under the destination of Russia to the Entity List.
Therefore, as a conforming change, this final rule also removes
``Radiofizika OAO'' and ``JSC Voentelecom'', under the destination of
Russia, from the Unverified List.
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 final rule.
Rulemaking Requirements
Executive Order Requirements
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, distribute 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 final rule is not a ``significant regulatory action''
under Executive Order 12866.
This rule does not contain policies with federalism implications as
that term is defined under Executive Order 13132.
Paperwork Reduction Act Requirements
Notwithstanding any other provision of law, no person is required
to respond to, nor is 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 the following control
numbers: 0694-0088 (Simplified Network Application Processing System--
Redesign (SNAP-R) and the Multipurpose Export License Application),
0694-0122 (Licensing Responsibilities and Enforcement), and 0694-0137
(License Exceptions and Exclusions). The restoration of license
exceptions for listed persons on the Unverified List will result in
decreased license applications being submitted to BIS by exporters. The
total burden hours associated with the Paperwork Reduction Act are not
expected to change.
Administrative Procedure Act and Regulatory Flexibility Act
Requirements
Pursuant to section 4821 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking and opportunity for public participation.
Further, no other law requires notice of proposed rulemaking or
opportunity for public comment for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required under the Administrative Procedure Act or by any other law,
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
List of Subjects in 15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 744 of the Export Administration Regulations (15
CFR
[[Page 57004]]
parts 730 through 774) is amended as follows:
PART 744--[AMENDED]
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 19, 2022, 87 FR 57569 (September 21, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).
Supplement No. 6 to Part 744 [Amended]
0
2. Supplement no. 6 to part 744 is amended:
0
a. Under CHINA, PEOPLE'S REPUBLIC OF by removing the entries for
``Beijing PowerMac Company;'' ``Beijing SWT Science;'' ``Beijing
Zhonghehangxun Technology;'' ``Chongqing Xinyuhang Technology Co.,
Ltd.;'' ``Dandong Center for Food Control;'' ``DK Laser Company Ltd.;''
``Guangdong Guanghua Sci-Tech Co.;'' ``Guangzhou GRG Metrology & Test
(Beijing) Co., Ltd.;'' ``Gucheng Xian Fengxin Titanium Alloy;'' ``Hunan
University;'' ``Jialin Precision Optics (Shanghai) Co., Ltd.;'' ``Jinan
Bodor CNC Machine Co., Ltd.;'' ``Lishui Zhengyang Electric Power
Construction;'' ``Luoyang Weimi Optics;'' ``Nanchang University;''
``Nanjing Gova Technology Co., Ltd.;'' ``Qingdao Sci-Tech Innovation
Quality Testing Co., Ltd.;'' ``Shuang Xiang (Fujian) Electronics;''
``Sino Superconductor Technology;'' ``Suzhou Chaowei Jingna
Optoelectric Co.;'' ``Suzhou Sen-Chuan Machinery Technology Co.,
Ltd.;'' ``Tianjin Optical Valley Technology Co., Ltd.;'' ``TRI
Microsystems;'' ``Wuxi Hengling Technology Co., Ltd.;'' ``Yunnan FS
Optics Co., Ltd.;'' ``Yunnan Tianhe Optoelectronic Co., Ltd.;'' and
``Zhuzhou CRRC Special Equipment Technology Co.;''
0
b. By removing the country listing for INDONESIA and the entry for ``PT
Smart Cakrawala Aviation'' under the listing;
0
c. Under PAKISTAN by removing the entries for ``T.M.A. International''
and ``Seven Star Company;''
0
d. Under RUSSIA by removing the entries for and ``JSC Voentelecom'' and
``Radiofizika OAO;''
0
e. Under SINGAPORE by removing the entry for ``Smart Cakrawala
Aviation;''
0
f. Under TURKEY by removing the entry for ``Odak Kimya;'' and
0
g. Under the UNITED ARAB EMIRATES by removing the entry for ``Recaz
Star General Trading LLC.''
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-18125 Filed 8-21-23; 8:45 am]
BILLING CODE 3510-33-P
