Entity List Additions, 71991-71994 [2023-23048]
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Rules and Regulations
approved this incorporation by
reference action under Title 1 Code of
Federal Regulations part 51, subject to
the annual revision of FAA JO Order
7400.11 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Rules and Regulations
Group, Office of Policy, Federal
Aviation Administration, 800
Independence Avenue SW, Washington,
DC 20591; telephone: (202) 267–8783.
SUPPLEMENTARY INFORMATION:
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Background
The FAA published a final rule in the
Federal Register for Docket No. FAA–
2023–1325 (88 FR 65311, September 22,
2023), amending VOR Federal airway
V–36 and establishing Canadian RNAV
route T–675 within U.S. airspace. In the
final rule, the FAA added a cross-border
route segment to T–675, at NavCanada’s
request, and explained the inclusion of
the additional route segment as a
difference from the proposed action
published in the notice of proposed
rulemaking (NPRM). The effective date
for that final rule is November 30, 2023.
After publishing the final rule, the FAA
realized that not all the necessary
aeronautical data required for
establishing the additional segment of
Canadian RNAV route T–675 within
U.S. airspace had been submitted in
time or accomplished for updating the
FAA’s National Airspace System
Resource (NASR) database to meet the
November 30, 2023, effective date. The
FAA has determined delaying the
effective date for the entire rule prevents
confusion associated with amending V–
36 and establishing T–675 in Airspace
Docket 23–AGL–17 with two different
effective dates for two chart cycles four
months apart, and ensures all of the V–
36 and T–675 actions publish accurately
and concurrently on the same date.
The FAA expects to complete the
associated aeronautical data
requirements and update the NASR
database for establishing all segments of
Canadian RNAV route T–675 by March
21, 2024; therefore, the rule amending
VOR Federal airway V–36 and
establishing Canadian RNAV route T–
675 within US airspace is delayed to
coincide with that date.
VOR Federal airways are published in
paragraph 6010(a) and Canadian Area
Navigation Routes (T-routes) are
published in paragraph 6013 of FAA JO
Order 7400.11, Airspace Designations
and Reporting Points, which is
incorporated by reference in 14 CFR
71.1 on an annual basis. This document
amends the current version of that
order, FAA Order JO 7400.11H, dated
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August 11, 2023, and effective
September 15, 2023. FAA Order JO
7400.11H is publicly available online at
www.faa.gov/air_traffic/publications/.
You may also contact the Rules and
Regulations Group, Office of Policy,
Federal Aviation Administration, 800
Independence Avenue SW, Washington
DC 20591; telephone: (202) 267–8783.
FAA Order JO 7400.11H lists Class A,
B, C, D, and E airspace areas, air traffic
service routes, and reporting points.
SUMMARY:
Good Cause for No Notice and
Comment
DATES:
Section 553(b)(3)(B) of Title 5, United
States Code, (the Administrative
Procedure Act) authorizes agencies to
dispense with notice and comment
procedures for rules when the agency
for ‘‘good cause’’ finds that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Under this section, an agency,
upon finding good cause, may issue a
final rule without seeking comment
prior to the rulemaking. The FAA finds
that prior notice and public comment to
this final rule is unnecessary due to the
brief length of the extension of the
effective date and the fact that there is
no substantive change to the rule.
FOR FURTHER INFORMATION CONTACT:
Delay of Effective Date
Accordingly, pursuant to the
authority delegated to me, the effective
date of the final rule, Airspace Docket
23–AGL–17, as published in the Federal
Register on September 22, 2023 (88 FR
65311), FR Doc. 2023–20449, is hereby
delayed until March 21, 2024.
Authority: 49 U.S.C. 106(f), 106(g); 40103,
40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
1959–1963 Comp., P. 389.
Issued in Washington, DC, on October 13,
2023.
Karen L. Chiodini,
Acting Manager, Rules and Regulations
Group.
[FR Doc. 2023–22993 Filed 10–18–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 231013–0245]
RIN 0694–AJ41
Entity List Additions
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
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In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) by adding 13 entities to the Entity
List under the destination of the
People’s Republic of China (China).
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.
This rule is effective October 17,
2023.
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:
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)
when 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
parts 744 (Control Policy: End-User and
End-Use Based) and 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.
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Rules and Regulations
Entity List Decisions
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Additions to the Entity List
The ERC determined to add Beijing
Biren Technology Development Co.,
Ltd.; Guangzhou Biren Integrated
Circuit Co., Ltd.; Hangzhou Biren
Technology Development Co., Ltd.;
Light Cloud (Hangzhou) Technology
Co., Ltd.; Moore Thread Intelligent
Technology (Beijing) Co., Ltd.; Moore
Thread Intelligent Technology
(Chengdu) Co., Ltd.; Moore Thread
Intelligent Technology (Shanghai) Co.,
Ltd.; Shanghai Biren Information
Technology Co., Ltd.; Shanghai Biren
Integrated Circuit Co., Ltd.; Shanghai
Biren Intelligent Technology Co., Ltd.;
Superburning Semiconductor (Nanjing)
Co., Ltd.; Suzhou Xinyan Holdings Co.,
Ltd.; and Zhuhai Biren Integrated
Circuit Co., Ltd., all under the
destination of China, to the Entity List.
These entities are involved in the
development of advanced computing
integrated circuits (ICs). As described in
an upcoming amendment to regulations
regarding advanced computing items
and supercomputer and semiconductor
end use, advanced computing ICs can be
used to provide artificial intelligence
capabilities to further development of
weapons of mass destruction, advanced
weapons systems, and high-tech
surveillance applications that create
national security concerns. This activity
is contrary to U.S. national security and
foreign policy interests under § 744.11
of the EAR. For all of these entities, BIS
imposes a license requirement for all
items subject to the EAR, which will be
reviewed under a presumption of
denial. They are also given a footnote 4
designation, which means that ‘‘items
subject to the EAR,’’ for the purpose of
these license requirements, include
foreign-produced items that are subject
to the EAR pursuant to § 734.9(e)(2) of
the EAR.
For the reasons described above, this
final rule adds the following 13 entities,
including aliases where appropriate, to
the Entity List:
China
• Beijing Biren Technology
Development Co., Ltd.;
• Guangzhou Biren Integrated Circuit
Co., Ltd.;
• Hangzhou Biren Technology
Development Co., Ltd.;
• Light Cloud (Hangzhou)
Technology Co., Ltd.;
• Moore Thread Intelligent
Technology (Beijing) Co., Ltd.;
• Moore Thread Intelligent
Technology (Chengdu) Co., Ltd.;
• Moore Thread Intelligent
Technology (Shanghai) Co., Ltd.;
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• Shanghai Biren Information
Technology Co., Ltd.;
• Shanghai Biren Integrated Circuit
Co., Ltd.;
• Shanghai Biren Intelligent
Technology Co., Ltd.;
• Superburning Semiconductor
(Nanjing) Co., Ltd.;
• Suzhou Xinyan Holdings Co., Ltd.;
and
• Zhuhai Biren Integrated Circuit Co.,
Ltd.
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 October 17, 2023, 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) before
November 16, 2023. Any such items not
actually exported, reexported or
transferred (in-country) before midnight,
on October 17, 2023, require a license in
accordance with this final rule.
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 an information collection
approved by OMB under control
number 0694–0088, Simplified Network
Application Processing System. BIS
does not anticipate a change to the
burden hours associated with this
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collection as a result of this rule.
Information regarding the collection,
including all supporting materials, can
be accessed at https://www.reginfo.gov/
public/do/PRAMain.
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—END-USE AND END-USER
CONTROLS
1. The authority citation for part 744
is revised to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 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 November 8, 2022,
87 FR 68015, 3 CFR, 2022 Comp., p. 563;
Notice of September 7, 2023, 88 FR 62439
(September 11, 2023).
2. Supplement no. 4 is amended
under CHINA, PEOPLE’S REPUBLIC OF
by adding, in alphabetical order, entries
for ‘‘Beijing Biren Technology
Development Co., Ltd.;’’ ‘‘Guangzhou
Biren Integrated Circuit Co., Ltd.;’’
‘‘Hangzhou Biren Technology
Development Co., Ltd.;’’ ‘‘Light Cloud
(Hangzhou) Technology Co., Ltd.;’’
‘‘Moore Thread Intelligent Technology
(Beijing) Co., Ltd.;’’ ‘‘Moore Thread
Intelligent Technology (Chengdu) Co.,
Ltd.;’’ ‘‘Moore Thread Intelligent
Technology (Shanghai) Co., Ltd.’’,
■
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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Rules and Regulations
‘‘Shanghai Biren Information
Technology Co., Ltd.;’’ ‘‘Shanghai Biren
Integrated Circuit Co., Ltd.;’’ ‘‘Shanghai
Biren Intelligent Technology Co., Ltd.;’’
‘‘Superburning Semiconductor
Country
Entity
*
License requirement
*
CHINA, PEOPLE’S
REPUBLIC OF.
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(Nanjing) Co., Ltd.;’’ ‘‘Suzhou Xinyan
Holdings Co., Ltd.;’’ and ‘‘Zhuhai Biren
Integrated Circuit Co., Ltd.’’ to read as
follows:
*
*
*
Beijing Biren Technology Development Co.,
Ltd., Building 13, Room 201, 9th Floor,
Wangjing East Area, Zone 4, Chaoyang
District, Beijing, China.
*
*
Guangzhou Biren Integrated Circuit Co., Ltd.,
Room 1061, Room 406, No. 1 Yichuang
Street, Sino-Singapore Guangzhou Knowledge City, Huangpu District, Guangzhou,
China.
*
*
Hangzhou Biren Technology Development
Co., Ltd., Building A, Room 3029, 3rd
Floor, No. 482 Qianmo Road, Binjiang District, Hangzhou, China.
*
*
Light Cloud (Hangzhou) Technology Co.,
Ltd., Room 403, Building 15, No. 1818–2,
Wenyi West Road, Yuhang Street, Yuhang
District, Hangzhou, China.
*
*
Moore Thread Intelligent Technology (Beijing) Co., Ltd., a.k.a, the following two
aliases:
—Moore Threads; and
—Mo’er Xianchen.
Room 209, Floor 2, No. 31, Haidian Street,
Haidian District, Beijing, China; and Building 14, B655, 4th Floor, Cuiwei Zhongli,
Haidian District, Beijing, China; and Units
04 and 05, Floor 12, No. 3, Jinke Road,
Shanghai, China; and Building B, B2–
1405, No. 15 Keyuan Road, Nanshan District, Shenzhen, China; and Building 6
Floors 1 and 3, Wangjing East Road,
Chaoyang District, Beijing, China; and
R&D Center Building, No. R2505, Floors
1–14 and 16–28, East Lake New Technology Development Zone, Wuhan, China;
and Building 4, Room 1502, Floor 15,
Taiwei Smart Chain Center, Xi’an, China;
and Building 1, Room 31816, 3rd Floor,
Puyan Street, Binjiang District, Hangzhou,
China.
Moore Thread Intelligent Technology
(Chengdu) Co., Ltd., Building 2, No. 23–
32, 12th Floor, Block E5, Chengdu Hightech Zone, Pilot Free Trade Zone,
Chengdu, China.
Moore Thread Intelligent Technology (Shanghai) Co., Ltd., Units 1–5, 12th Floor, No. 2,
Jinke Road, Pilot Free Trade Zone, Shanghai, China.
*
*
Shanghai Biren Information Technology Co.,
Ltd., Building 2, No. 692 Yongjia Road,
Xuhui District, Shanghai, China.
Shanghai Biren Integrated Circuit Co., Ltd.,
Building 16, Room 1301, 13th Floor, No.
2388 Chenhang Highway, Minhang District, Shanghai, China.
Shanghai Biren Intelligent Technology Co.,
Ltd., a.k.a., the following two aliases:
—Biren; and
—Biren Technology.
Building 16, Room 1302, 13th Floor, No.
2388 Chenhang Highway, Minhang District, Shanghai, China.
*
*
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Supplement No. 4 to Part 744—Entity
List
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License review policy
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71993
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Federal Register citation
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For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
Presumption of denial ............
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
*
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
*
*
Presumption of denial ............
*
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
*
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
*
*
Presumption of denial ............
*
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
*
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
*
*
Presumption of denial ............
*
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
*
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
*
*
Presumption of denial ............
*
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
Presumption of denial ............
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
Presumption of denial ............
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
*
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
*
*
Presumption of denial ............
*
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
Presumption of denial ............
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
Presumption of denial ............
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
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71994
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Rules and Regulations
Country
Entity
License requirement
Superburning Semiconductor (Nanjing) Co.,
Ltd.,
No. 8, Lanhua Road, Room 806, Building 4,
Pukou District, Nanjing, China.
*
*
Suzhou Xinyan Holdings Co., Ltd., a.k.a., the
following one alias:
—Shanghai Xinzhili Enterprise Development
Co., Ltd.
Modern Logistics Building (no. 112), Room
139, No. 88 Modern Avenue, Suzhou Industrial Park, Free Trade Pilot Zone
Suzhou Area, Suzhou, China; and Building
C, No. 888 Huanhu West 2nd Road,
Lingang New Area, Shanghai, China.
*
*
Zhuhai Biren Integrated Circuit Co., Ltd.,
Building 18, Room 419, No. 1889 Huandao
East Road, Hengqin New District, Zhuhai,
China.
*
*
*
*
License review policy
Federal Register citation
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
Presumption of denial ............
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
*
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
*
*
Presumption of denial ............
*
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
*
For all items subject to the
EAR. (See §§ 734.9(e)(2)
and 744.11 of the EAR) 4.
*
*
Presumption of denial ............
*
88 FR [INSERT FR PAGE
NUMBER ] 10/19/2023.
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4 For this entity, ‘‘items subject to the EAR’’ includes foreign-produced items that are subject to the EAR under § 734.9(e)(2) of the EAR. See § 744.11(a)(2)(ii) for
related license requirements and license review policy.
Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2023–23048 Filed 10–17–23; 8:45 am]
BILLING CODE 3510–33–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 03–123, 10–51; FCC 23–
78; FR ID 177808]
Video Relay Service Compensation
Formula
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, to ensure
that the providers of
Telecommunications Relay Services
(TRS) are compensated for the provision
of Video Relay Service (VRS), the
Federal Communications Commission
(Commission) adopts a formula to
compensate such providers from the
Interstate TRS Fund (TRS Fund) for the
provision of service for the next fiveyear compensation period.
DATES: This rule has been classified as
a major rule subject to Congressional
review. The effective date is December
18, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Consumer and
Governmental Affairs Bureau, 202–418–
1264, Michael.Scott@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, in CG Docket Nos. 03–123
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SUMMARY:
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and 10–51; FCC 23–78, adopted on
September 22, 2023, released on
September 28, 2023. The Commission
previously sought comment on these
issues in a Notice of Proposed
Rulemaking, published at 86 FR 29969,
June 4, 2021, with a correction
published at 86 FR 31668, July 15, 2021.
The full text of this document can be
accessed electronically via the FCC’s
Electronic Document Management
System (EDOCS) website at https://
docs.fcc.gov/public/attachments/FCC23-78A1.pdf or via the FCC’s Electronic
Comment Filing System (ECFS) website
at www.fcc.gov/ecfs. To request
materials in accessible formats for
people with disabilities (Braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov, or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice).
Synopsis
1. Section 225 of the Communications
Act of 1934, as amended (the Act),
requires the Commission to ensure the
availability of Telecommunications
Relay Services (TRS) to persons who are
deaf, hard of hearing, or deafblind or
have speech disabilities, ‘‘to the extent
possible and in the most efficient
manner.’’ 47 U.S.C. 225(b)(1). TRS are
defined as ‘‘telephone transmission
services’’ enabling such persons to
communicate by wire or radio ‘‘in a
manner that is functionally equivalent
to the ability of a hearing individual
who does not have a speech disability
to communicate using voice
communication services.’’ 47 U.S.C.
225(a)(2). VRS, a relay service that
allows people with hearing or speech
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disabilities who use sign language to
communicate with voice telephone
users through video equipment, is
supported entirely by the TRS Fund.
VRS providers are compensated for the
reasonable costs of providing VRS in
accordance with payment formulas
approved by the Commission. In a
number of decisions over the past 20
years, the Commission has addressed
whether certain cost categories are
reasonable costs eligible for recovery
from the TRS Fund. Reasonable costs
are generally defined as those costs that
providers must incur to provide relay
service in accordance with mandatory
minimum TRS standards.
2. In 2007, to ensure that VRS users
could choose from a range of service
offerings, despite significant disparities
in VRS providers’ market shares and
per-minute costs, the Commission
introduced a tiered compensation
structure for VRS. Under this approach,
a VRS provider’s monthly compensation
payment is calculated based on the
application of different per-minute
amounts to each of three specified
‘‘tiers’’ of minutes of service. The
highest per-minute amount applies to an
initial tier of minutes up to a defined
maximum number, a lower amount
applies to the next tier, again up to a
second defined maximum number of
minutes, and a still lower amount
applies to any minutes of service in
excess of the second maximum. Under
the tiered approach, providers that
handle a relatively small amount of
minutes and therefore have relatively
higher per-minute costs will receive
compensation on a monthly basis that
likely more accurately correlates to their
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]]>Agencies
[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Rules and Regulations]
[Pages 71991-71994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23048]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
[Docket No. 231013-0245]
RIN 0694-AJ41
Entity List Additions
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) by adding 13 entities to
the Entity List under the destination of the People's Republic of China
(China). 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.
DATES: This rule is effective October 17, 2023.
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) when 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 parts 744 (Control Policy: End-User and
End-Use Based) and 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.
[[Page 71992]]
Entity List Decisions
Additions to the Entity List
The ERC determined to add Beijing Biren Technology Development Co.,
Ltd.; Guangzhou Biren Integrated Circuit Co., Ltd.; Hangzhou Biren
Technology Development Co., Ltd.; Light Cloud (Hangzhou) Technology
Co., Ltd.; Moore Thread Intelligent Technology (Beijing) Co., Ltd.;
Moore Thread Intelligent Technology (Chengdu) Co., Ltd.; Moore Thread
Intelligent Technology (Shanghai) Co., Ltd.; Shanghai Biren Information
Technology Co., Ltd.; Shanghai Biren Integrated Circuit Co., Ltd.;
Shanghai Biren Intelligent Technology Co., Ltd.; Superburning
Semiconductor (Nanjing) Co., Ltd.; Suzhou Xinyan Holdings Co., Ltd.;
and Zhuhai Biren Integrated Circuit Co., Ltd., all under the
destination of China, to the Entity List. These entities are involved
in the development of advanced computing integrated circuits (ICs). As
described in an upcoming amendment to regulations regarding advanced
computing items and supercomputer and semiconductor end use, advanced
computing ICs can be used to provide artificial intelligence
capabilities to further development of weapons of mass destruction,
advanced weapons systems, and high-tech surveillance applications that
create national security concerns. This activity is contrary to U.S.
national security and foreign policy interests under Sec. 744.11 of
the EAR. For all of these entities, BIS imposes a license requirement
for all items subject to the EAR, which will be reviewed under a
presumption of denial. They are also given a footnote 4 designation,
which means that ``items subject to the EAR,'' for the purpose of these
license requirements, include foreign-produced items that are subject
to the EAR pursuant to Sec. 734.9(e)(2) of the EAR.
For the reasons described above, this final rule adds the following
13 entities, including aliases where appropriate, to the Entity List:
China
Beijing Biren Technology Development Co., Ltd.;
Guangzhou Biren Integrated Circuit Co., Ltd.;
Hangzhou Biren Technology Development Co., Ltd.;
Light Cloud (Hangzhou) Technology Co., Ltd.;
Moore Thread Intelligent Technology (Beijing) Co., Ltd.;
Moore Thread Intelligent Technology (Chengdu) Co., Ltd.;
Moore Thread Intelligent Technology (Shanghai) Co., Ltd.;
Shanghai Biren Information Technology Co., Ltd.;
Shanghai Biren Integrated Circuit Co., Ltd.;
Shanghai Biren Intelligent Technology Co., Ltd.;
Superburning Semiconductor (Nanjing) Co., Ltd.;
Suzhou Xinyan Holdings Co., Ltd.; and
Zhuhai Biren Integrated Circuit Co., Ltd.
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 October 17, 2023,
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)
before November 16, 2023. Any such items not actually exported,
reexported or transferred (in-country) before midnight, on October 17,
2023, require a license in accordance with this final rule.
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 an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS does not
anticipate a change to the burden hours associated with this collection
as a result of this rule. Information regarding the collection,
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
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--END-USE AND END-USER CONTROLS
0
1. The authority citation for part 744 is revised to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 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 November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice
of September 7, 2023, 88 FR 62439 (September 11, 2023).
0
2. Supplement no. 4 is amended under CHINA, PEOPLE'S REPUBLIC OF by
adding, in alphabetical order, entries for ``Beijing Biren Technology
Development Co., Ltd.;'' ``Guangzhou Biren Integrated Circuit Co.,
Ltd.;'' ``Hangzhou Biren Technology Development Co., Ltd.;'' ``Light
Cloud (Hangzhou) Technology Co., Ltd.;'' ``Moore Thread Intelligent
Technology (Beijing) Co., Ltd.;'' ``Moore Thread Intelligent Technology
(Chengdu) Co., Ltd.;'' ``Moore Thread Intelligent Technology (Shanghai)
Co., Ltd.'',
[[Page 71993]]
``Shanghai Biren Information Technology Co., Ltd.;'' ``Shanghai Biren
Integrated Circuit Co., Ltd.;'' ``Shanghai Biren Intelligent Technology
Co., Ltd.;'' ``Superburning Semiconductor (Nanjing) Co., Ltd.;''
``Suzhou Xinyan Holdings Co., Ltd.;'' and ``Zhuhai Biren Integrated
Circuit Co., Ltd.'' to read as follows:
Supplement No. 4 to Part 744--Entity List
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License review Federal Register
Country Entity License requirement policy citation
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CHINA, PEOPLE'S * * * * * *
REPUBLIC OF.
Beijing Biren Technology For all items Presumption of 88 FR [INSERT FR
Development Co., Ltd., subject to the denial. PAGE NUMBER ] 10/
Building 13, Room 201, 9th EAR. (See Sec. 19/2023.
Floor, Wangjing East Area, Sec. 734.9(e)(2)
Zone 4, Chaoyang District, and 744.11 of the
Beijing, China. EAR) \4\.
* * * * * *
Guangzhou Biren Integrated For all items Presumption of 88 FR [INSERT FR
Circuit Co., Ltd., Room subject to the denial. PAGE NUMBER ] 10/
1061, Room 406, No. 1 EAR. (See Sec. 19/2023.
Yichuang Street, Sino- Sec. 734.9(e)(2)
Singapore Guangzhou and 744.11 of the
Knowledge City, Huangpu EAR) \4\.
District, Guangzhou, China.
* * * * * *
Hangzhou Biren Technology For all items Presumption of 88 FR [INSERT FR
Development Co., Ltd., subject to the denial. PAGE NUMBER ] 10/
Building A, Room 3029, 3rd EAR. (See Sec. 19/2023.
Floor, No. 482 Qianmo Road, Sec. 734.9(e)(2)
Binjiang District, and 744.11 of the
Hangzhou, China. EAR) \4\.
* * * * * *
Light Cloud (Hangzhou) For all items Presumption of 88 FR [INSERT FR
Technology Co., Ltd., Room subject to the denial. PAGE NUMBER ] 10/
403, Building 15, No. 1818- EAR. (See Sec. 19/2023.
2, Wenyi West Road, Yuhang Sec. 734.9(e)(2)
Street, Yuhang District, and 744.11 of the
Hangzhou, China. EAR) \4\.
* * * * * *
Moore Thread Intelligent For all items Presumption of 88 FR [INSERT FR
Technology (Beijing) Co., subject to the denial. PAGE NUMBER ] 10/
Ltd., a.k.a, the following EAR. (See Sec. 19/2023.
two aliases: Sec. 734.9(e)(2)
--Moore Threads; and and 744.11 of the
--Mo'er Xianchen. EAR) \4\.
Room 209, Floor 2, No. 31,
Haidian Street, Haidian
District, Beijing, China;
and Building 14, B655, 4th
Floor, Cuiwei Zhongli,
Haidian District, Beijing,
China; and Units 04 and 05,
Floor 12, No. 3, Jinke
Road, Shanghai, China; and
Building B, B2-1405, No. 15
Keyuan Road, Nanshan
District, Shenzhen, China;
and Building 6 Floors 1 and
3, Wangjing East Road,
Chaoyang District, Beijing,
China; and R&D Center
Building, No. R2505, Floors
1-14 and 16-28, East Lake
New Technology Development
Zone, Wuhan, China; and
Building 4, Room 1502,
Floor 15, Taiwei Smart
Chain Center, Xi'an, China;
and Building 1, Room 31816,
3rd Floor, Puyan Street,
Binjiang District,
Hangzhou, China.
Moore Thread Intelligent For all items Presumption of 88 FR [INSERT FR
Technology (Chengdu) Co., subject to the denial. PAGE NUMBER ] 10/
Ltd., Building 2, No. 23- EAR. (See Sec. 19/2023.
32, 12th Floor, Block E5, Sec. 734.9(e)(2)
Chengdu High-tech Zone, and 744.11 of the
Pilot Free Trade Zone, EAR) \4\.
Chengdu, China.
Moore Thread Intelligent For all items Presumption of 88 FR [INSERT FR
Technology (Shanghai) Co., subject to the denial. PAGE NUMBER ] 10/
Ltd., Units 1-5, 12th EAR. (See Sec. 19/2023.
Floor, No. 2, Jinke Road, Sec. 734.9(e)(2)
Pilot Free Trade Zone, and 744.11 of the
Shanghai, China. EAR) \4\.
* * * * * *
Shanghai Biren Information For all items Presumption of 88 FR [INSERT FR
Technology Co., Ltd., subject to the denial. PAGE NUMBER ] 10/
Building 2, No. 692 Yongjia EAR. (See Sec. 19/2023.
Road, Xuhui District, Sec. 734.9(e)(2)
Shanghai, China. and 744.11 of the
EAR) \4\.
Shanghai Biren Integrated For all items Presumption of 88 FR [INSERT FR
Circuit Co., Ltd., Building subject to the denial. PAGE NUMBER ] 10/
16, Room 1301, 13th Floor, EAR. (See Sec. 19/2023.
No. 2388 Chenhang Highway, Sec. 734.9(e)(2)
Minhang District, Shanghai, and 744.11 of the
China. EAR) \4\.
Shanghai Biren Intelligent For all items Presumption of 88 FR [INSERT FR
Technology Co., Ltd., subject to the denial. PAGE NUMBER ] 10/
a.k.a., the following two EAR. (See Sec. 19/2023.
aliases: Sec. 734.9(e)(2)
--Biren; and and 744.11 of the
--Biren Technology. EAR) \4\.
Building 16, Room 1302, 13th
Floor, No. 2388 Chenhang
Highway, Minhang District,
Shanghai, China.
* * * * * *
[[Page 71994]]
Superburning Semiconductor For all items Presumption of 88 FR [INSERT FR
(Nanjing) Co., Ltd., subject to the denial. PAGE NUMBER ] 10/
No. 8, Lanhua Road, Room EAR. (See Sec. 19/2023.
806, Building 4, Pukou Sec. 734.9(e)(2)
District, Nanjing, China. and 744.11 of the
EAR) \4\.
* * * * * *
Suzhou Xinyan Holdings Co., For all items Presumption of 88 FR [INSERT FR
Ltd., a.k.a., the following subject to the denial. PAGE NUMBER ] 10/
one alias: EAR. (See Sec. 19/2023.
--Shanghai Xinzhili Sec. 734.9(e)(2)
Enterprise Development Co., and 744.11 of the
Ltd. EAR) \4\.
Modern Logistics Building
(no. 112), Room 139, No. 88
Modern Avenue, Suzhou
Industrial Park, Free Trade
Pilot Zone Suzhou Area,
Suzhou, China; and Building
C, No. 888 Huanhu West 2nd
Road, Lingang New Area,
Shanghai, China.
* * * * * *
Zhuhai Biren Integrated For all items Presumption of 88 FR [INSERT FR
Circuit Co., Ltd., Building subject to the denial. PAGE NUMBER ] 10/
18, Room 419, No. 1889 EAR. (See Sec. 19/2023.
Huandao East Road, Hengqin Sec. 734.9(e)(2)
New District, Zhuhai, and 744.11 of the
China. EAR) \4\.
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\4\ For this entity, ``items subject to the EAR'' includes foreign-produced items that are subject to the EAR
under Sec. 734.9(e)(2) of the EAR. See Sec. 744.11(a)(2)(ii) for related license requirements and license
review policy.
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-23048 Filed 10-17-23; 8:45 am]
BILLING CODE 3510-33-P
