83 FR 54519 - Addition of an Entity to the Entity List
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 210 (October 30, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 210 (October 30, 2018)
| Page Range | 54519-54521 | |
| FR Document | 2018-23693 |
[Federal Register Volume 83, Number 210 (Tuesday, October 30, 2018)] [Rules and Regulations] [Pages 54519-54521] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23693] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 181010930-8930-01] RIN 0694-AH67 Addition of an Entity to the Entity List AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by adding one entity to the Entity List. The entity that is added to the Entity List has been determined by the U.S. Government to pose a significant risk of becoming involved in activities contrary to the national security or foreign policy interests of the United States. This entity will be listed under the destination of China. DATES: Effective Date: This rule is effective October 30, 2018. FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, Office of the Assistant Secretary, Export [[Page 54520]] Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected]. SUPPLEMENTARY INFORMATION: Background The Entity List (15 CFR, Subchapter C, part 744, Supplement No. 4) identifies entities reasonably believed to be involved, or to pose a significant risk of being or becoming involved, in activities contrary to the national security or foreign policy interests of the United States. The Export Administration Regulations (EAR) (15 CFR, Subchapter C, parts 730-774) imposes additional license requirements on, and limits the availability of most license exceptions for, exports, reexports, and transfers (in-country) to listed entities. The license review policy for each listed entity is identified in the ``License review policy'' column on the Entity List, and the impact on the availability of license exceptions is described in the relevant Federal Register notice adding entities to the Entity List. BIS places entities on the Entity List pursuant to part 744 (Control Policy: End-User and End-Use Based) and part 746 (Embargoes and Other Special Controls) of the EAR. The End-User Review Committee (ERC), composed of representatives of the Departments of Commerce (Chair), State, Defense, Energy and, where appropriate, the Treasury, makes all decisions regarding additions to, removals from, or other modifications to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. ERC Entity List Decision Addition to the Entity List Under Sec. 744.11(b) (Criteria for revising the Entity List) of the EAR, persons for whom there is reasonable cause to believe, based on specific and articulable facts, have been involved, are involved, or pose a significant risk of being or becoming involved in, activities that are contrary to the national security or foreign policy interests of the United States, and those acting on behalf of such persons, may be added to the Entity List. Pursuant to 744.11(b) of the EAR, the ERC determined that Fujian Jinhua Integrated Circuit Company poses a significant risk of becoming involved in activities that could have a negative impact on the national security interests of the United States. The ERC determined that the conduct of this entity raises sufficient concern that prior review of exports, reexports, or transfers (in-country) of items subject to the EAR involving this entity, and the possible imposition of license conditions or license denials on shipments to the entity, will enhance BIS's ability to prevent activities contrary to the national security interests of the United States. For the one entity added to the Entity List in this final rule, BIS imposes a license requirement for all items subject to the EAR and a license review policy of presumption of denial. In addition, no license exceptions are available for exports, reexports, or transfers (in- country) to the person being added to the Entity List in this rule. The acronym ``a.k.a.'' (also known as) is used in entries on the Entity List to identify aliases, thereby assisting exporters, reexporters and transferors in identifying entities on the Entity List. This final rule adds the following entity to the Entity List: China (1) Fujian Jinhua Integrated Circuit Company, Ltd., a.k.a., the following one alias: -JHICC. Sanchuang Park, Century Avenue, Jinjiang City, Fujian Province, China. Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were en route aboard a carrier to a port of export or reexport, on October 30, 2018, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR). Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. 115-232), which provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. As set forth in section 1768 of ECRA, all delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect prior to August 13, 2018, and as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of August 8, 2018, 83 FR 39871 (August 13, 2018)), or the Export Administration Regulations, and are in effect as of August 13, 2018, shall continue in effect according to their terms until modified, superseded, set aside, or revoked under the authority of ECRA. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694-0088, Simplified Network Application Processing System, which includes, among other things, license applications, and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694-0088 are not expected to increase as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285. [[Page 54521]] 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 (Title XVII, Subtitle B of Pub. L. 115-232), which was included in the John S. McCain National Defense Authorization Act for Fiscal Year 2019, this action is exempt from the Administrative Procedure Act (APA) (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 the APA or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 744 Exports, Reporting and recordkeeping requirements, Terrorism. Accordingly, part 744 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows: PART 744--[AMENDED] 0 1. The authority citation for 15 CFR part 744 continues to read as follows: Authority: Pub. L. 115-232, Title XVII, Subtitle B. 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of September 18, 2017, 82 FR 43825 (September 19, 2017); Notice of November 6, 2017, 82 FR 51971 (November 8, 2017); Notice of January 17, 2018, 83 FR 2731 (January 18, 2018); Notice of August 8, 2018, 83 FR 39871 (August 13, 2018). 0 2. Supplement No. 4 to part 744 is amended by adding in alphabetical order, under CHINA, PEOPLE'S REPUBLIC OF, one Chinese entity, ``Fujian Jinhua Integrated Circuit Company, Ltd.'' to read as follows: Supplement No. 4 to Part 744--Entity List * * * * * ---------------------------------------------------------------------------------------------------------------- License License review Federal Register Country Entity requirement policy citation ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- CHINA, PEOPLE'S REPUBLIC OF..... * * * * * * Fujian Jinhua For all items Presumption of 83 FR [INSERT FR Integrated subject to the denial. PAGE NUMBER] 10/ Circuit Company, EAR. (See Sec. 30/2018. Ltd., a.k.a., the 744.11 of the following one EAR). alias: -JHICC. Sanchuang Park, Century Avenue, Jinjiang City, Fujian Province, China. * * * * * * ---------------------------------------------------------------------------------------------------------------- * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: October 25, 2018. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2018-23693 Filed 10-29-18; 8:45 am] BILLING CODE 3510-33-P
![Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Rules and Regulations 54519
§ 204.4 Computation of required reserves. United States branches and agencies of transaction accounts, nonpersonal time
* * * * * foreign banks, required reserves are deposits, and Eurocurrency liabilities of
(f) For all depository institutions, computed by applying the reserve the institution during the computation
Edge and Agreement corporations, and requirement ratios below to net period.
Reservable liability Reserve requirement
Net Transaction Accounts:
$0 to reserve requirement exemption amount ($16.3 million) .......... 0 percent of amount.
Over reserve requirement exemption amount ($16.3 million) and 3 percent of amount.
up to low reserve tranche ($124.2 million).
Over low reserve tranche ($124.2 million) ........................................ $3,237,000 plus 10 percent of amount over $124.2 million.
Nonpersonal time deposits ................................................................ 0 percent.
Eurocurrency liabilities ...................................................................... 0 percent.
By order of the Board of Governors of the Office of Airspace Services, Federal Delay of Effective Date
Federal Reserve System, acting through the Aviation Administration, 800
Director of the Division of Monetary Affairs ■ Accordingly, pursuant to the authority
Independence Avenue SW, Washington,
under delegated authority, October 24, 2018. delegated to me, the effective date of the
DC 20591; telephone: (202) 267–8783.
Ann E. Misback, final rule, Airspace Docket 17–AGL–23,
Secretary of the Board. SUPPLEMENTARY INFORMATION: as published in the Federal Register on
[FR Doc. 2018–23608 Filed 10–29–18; 8:45 am] September 7, 2018 (83 FR 45337), FR
Background Doc. 2018–19347, is hereby delayed
BILLING CODE 6210–01–P
The FAA published a final rule in the from November 8, 2018 to January 3,
Federal Register for Docket No. FAA– 2019.
DEPARTMENT OF TRANSPORTATION 2018–0219 (83 FR 45337, September 7, Authority: 49 U.S.C. 106(f), 106(g); 40103,
2018), amending VOR Federal airways 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR,
Federal Aviation Administration V–72 and V–429 in the vicinity of 1959–1963 Comp., P. 389.
Mattoon and Charleston, IL. The Issued in Washington, DC, on October 24,
14 CFR Part 71 2018.
effective date for that final rule is
[Docket No. FAA–2018–0219; Airspace November 8, 2018. The FAA expects to Rodger A. Dean Jr.,
Docket No. 17–AGL–23] complete and flight check the enroute Manager, Airspace Policy Group.
RIN 2120–AA66 and terminal procedures associated with [FR Doc. 2018–23563 Filed 10–29–18; 8:45 am]
the planned decommissioning of the BILLING CODE 4910–13–P
Amendment of Air Traffic Service Mattoon, IL, VOR by January 3, 2018;
(ATS) Routes in the Vicinity of Mattoon therefore the rule amending V–72 and
and Charleston, IL V–429 is delayed to coincide with that DEPARTMENT OF COMMERCE
AGENCY: Federal Aviation date.
Bureau of Industry and Security
Administration (FAA), DOT. VOR Federal airways are published in
ACTION: Final rule, delay of effective paragraph 6010(a) of FAA Order 15 CFR Part 744
date. 7400.11C dated August 13, 2018, and
effective September 15, 2018, which is [Docket No. 181010930–8930–01]
SUMMARY: This action changes the incorporated by reference in 14 CFR RIN 0694–AH67
effective date of a final rule published 71.1. The VOR Federal airways listed in
in the Federal Register on September 7, Addition of an Entity to the Entity List
this document will be subsequently
2018, amending VHF Omnidirectional
published in the Order.
Range (VOR) Federal airways V–72 and AGENCY: Bureau of Industry and
V–429 in the vicinity of Mattoon and Good Cause for No Notice and Security, Commerce.
Charleston, IL. The FAA is delaying the Comment ACTION: Final rule.
effective date to coincide with the
expected completion and flight check of Section 553(b)(3)(B) of Title 5, United SUMMARY: In this rule, the Bureau of
enroute and terminal procedures States Code, (the Administrative Industry and Security (BIS) amends the
associated with the planned Procedure Act) authorizes agencies to Export Administration Regulations
decommissioning of the Mattoon, IL, dispense with notice and comment (EAR) by adding one entity to the Entity
VOR. procedures for rules when the agency List. The entity that is added to the
DATES: The effective date of the final for ‘‘good cause’’ finds that those Entity List has been determined by the
rule published on September 7, 2018 (83 procedures are ‘‘impracticable, U.S. Government to pose a significant
FR 45337) is delayed from November 8, unnecessary, or contrary to the public risk of becoming involved in activities
2018 to January 3, 2019. The Director of interest.’’ Under this section, an agency, contrary to the national security or
the Federal Register approved this upon finding good cause, may issue a foreign policy interests of the United
States. This entity will be listed under
khammond on DSK30JT082PROD with RULES
incorporation by reference action under final rule without seeking comment
Title 1 Code of Federal Regulations part prior to the rulemaking. The FAA finds the destination of China.
51, subject to the annual revision of that prior notice and public comment to DATES: Effective Date: This rule is
FAA Order 7400.11 and publication of this final rule is unnecessary due to the effective October 30, 2018.
conforming amendments. brief length of the extension of the FOR FURTHER INFORMATION CONTACT:
FOR FURTHER INFORMATION CONTACT: effective date and the fact that there is Chair, End-User Review Committee,
Colby Abbott, Airspace Policy Group, no substantive change to the rule.’’ Office of the Assistant Secretary, Export
VerDate Sep<11>2014 16:59 Oct 29, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1](https://thefederalregister.org/doc/83_FR_54729/page/1.svg)
![Federal Register / Vol. 83, No. 210 / Tuesday, October 30, 2018 / Rules and Regulations 54521
3. This rule does not contain policies 601, et seq., are not applicable. CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR
with Federalism implications as that Accordingly, no regulatory flexibility 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026,
term is defined in Executive Order analysis is required and none has been 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13132. prepared. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
4. Pursuant to section 1762 of the List of Subjects in 15 CFR Part 744 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
Export Control Reform Act of 2018 CFR, 2001 Comp., p. 786; Notice of
(Title XVII, Subtitle B of Pub. L. 115– Exports, Reporting and recordkeeping September 18, 2017, 82 FR 43825 (September
232), which was included in the John S. requirements, Terrorism. 19, 2017); Notice of November 6, 2017, 82 FR
McCain National Defense Authorization Accordingly, part 744 of the Export 51971 (November 8, 2017); Notice of January
Act for Fiscal Year 2019, this action is Administration Regulations (15 CFR 17, 2018, 83 FR 2731 (January 18, 2018);
exempt from the Administrative parts 730–774) is amended as follows: Notice of August 8, 2018, 83 FR 39871
Procedure Act (APA) (5 U.S.C. 553) (August 13, 2018).
requirements for notice of proposed PART 744—[AMENDED]
■ 2. Supplement No. 4 to part 744 is
rulemaking, opportunity for public ■ 1. The authority citation for 15 CFR amended by adding in alphabetical
participation, and delay in effective part 744 continues to read as follows: order, under CHINA, PEOPLE’S
date. REPUBLIC OF, one Chinese entity,
5. Because a notice of proposed Authority: Pub. L. 115–232, Title XVII,
Subtitle B. 50 U.S.C. 4601 et seq.; 50 U.S.C.
‘‘Fujian Jinhua Integrated Circuit
rulemaking and an opportunity for 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. Company, Ltd.’’ to read as follows:
public comment are not required to be 2139a; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
given for this rule by the APA or any Supplement No. 4 to Part 744—Entity
E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., List
other law, the analytical requirements of p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993
the Regulatory Flexibility Act, 5 U.S.C. Comp., p. 608; E.O. 12938, 59 FR 59099, 3 * * * * *
Federal
License License
Country Entity Register
requirement review policy citation
* * * * * * *
CHINA, PEOPLE’S REPUBLIC OF ..... * * * * * *
Fujian Jinhua Integrated Circuit Com- For all items sub- Presumption of de- 83 FR [INSERT
pany, Ltd., a.k.a., the following one ject to the EAR. nial. FR PAGE NUM-
alias: -JHICC. (See § 744.11 of BER] 10/30/
the EAR). 2018.
Sanchuang Park, Century Avenue,
Jinjiang City, Fujian Province, China.
* * * * * *
* * * * * * *
Dated: October 25, 2018. SUMMARY: The Environmental Protection No. EPA–R08–RCRA–2018–0084. All
Richard E. Ashooh, Agency (EPA) is granting final documents in the docket are listed on
Assistant Secretary for Export authorization to the hazardous waste the http://www.regulations.gov website.
Administration. program revisions submitted by North Although listed in the index, some
[FR Doc. 2018–23693 Filed 10–29–18; 8:45 am] Dakota on September 20, 2016 and information is not publicly available,
BILLING CODE 3510–33–P March 24, 2017. The EPA published a e.g., Confidential Business Information
proposed rule on June 5, 2018, and (CBI) or other information whose
provided for public comment. The disclosure is restricted by statute.
comment period ended on July 5, 2018. Certain other material, such as
ENVIRONMENTAL PROTECTION No comments were received for this copyrighted material, is not placed on
AGENCY rulemaking. No further opportunity for the internet and will be publicly
comment will be provided. This final available only in hard copy form.
40 CFR Parts 271 and 272 rule also codifies and incorporates by
Publicly available docket materials are
reference the authorized provisions of
available either electronically through
[EPA–R08–RCRA–2018–0084; FRL–9982– the North Dakota regulations in the
08–Region 8] Code of Federal Regulations. http://www.regulations.gov or in hard
copy at: EPA Region 8, from 8:00 a.m.
North Dakota: Authorization of State DATES: This final rule is effective on to 4:00 p.m., 1595 Wynkoop Street,
Hazardous Waste Management October 30, 2018. The incorporation by Denver, Colorado 80202–1129, contact:
Program Revisions and Incorporation reference of authorized provisions in the Moye Lin, phone number (303) 312–
North Dakota regulations contained in
khammond on DSK30JT082PROD with RULES
by Reference of Approved State 6667, or the North Dakota Department of
Hazardous Waste Management this rule is approved by the Director of Health (NDDH) from 9:00 a.m. to 4:00
Program the Federal Register as of October 30, p.m., 918 East Divide Avenue, 3rd
2018, in accordance with 5 U.S.C. 552(a) Floor, Bismarck, North Dakota 58501–
AGENCY: Environmental Protection and 1 CFR part 51.
Agency (EPA). 1947, phone number (701) 328–5166.
ADDRESSES: The EPA has established a The public is advised to call in advance
ACTION: Final rule.
docket for this action under Docket ID to verify business hours.
VerDate Sep<11>2014 16:59 Oct 29, 2018 Jkt 247001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\30OCR1.SGM 30OCR1](https://thefederalregister.org/doc/83_FR_54729/page/3.svg)
Document Created: 2018-10-30 00:43:16
Document Modified: 2018-10-30 00:43:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective Date: This rule is effective October 30, 2018. | |
| Contact | Chair, End-User Review Committee, Office of the Assistant Secretary, Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, Email: [email protected] | |
| FR Citation | 83 FR 54519 | |
| RIN Number | 0694-AH67 | |
| CFR Associated | Exports; Reporting and Recordkeeping Requirements and Terrorism |
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