[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Rules and Regulations]
[Pages 40084-40086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13196]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No. 230614-0149]
RIN 0694-AJ24


Additions of Entities to the Entity List and Removal of Entity 
From the Entity List; Correction

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Correcting amendment.

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SUMMARY: The Department of Commerce is amending the Export 
Administration Regulations (EAR) by adding an inadvertently omitted 
entity to the Entity List.

DATES: This correcting amendment is effective June 16, 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: As stated in the Entity List rule titled 
``Additions

[[Page 40085]]

of Entities to the Entity List and Removal of Entity from the Entity 
List'' (June 14 Rule) (88 FR 38739), the End-User Review Committee 
(ERC) determined to add certain entities under the destination of 
China, including China Aviation Development Harbin Bearing Co., Ltd., 
to the Entity List for acquiring and attempting to acquire U.S.-origin 
items in support of China's military modernization. This activity is 
contrary to U.S. national security and foreign policy interests under 
Sec.  744.11 of the EAR. As detailed in the June 14 Rule, licenses are 
required for all items subject to the EAR to these entities, and 
license applications will be reviewed under a presumption of denial. 
Further, in the June 14 Rule, the Bureau of Industry and Security (BIS) 
included an entity in the preamble justification but inadvertently did 
not instruct, nor provide regulatory text for, the addition of the 
entity to the Entity List. This correcting amendment amends the EAR by 
making the addition to the Entity List for this omitted entity.
    For the reasons described above, this correcting amendment adds the 
following entity to the Entity List and includes, where appropriate, 
aliases:

China

     China Aviation Development Harbin Bearing Co., Ltd.

Savings Clause

    For the changes being made in this correcting amendment, 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 June 16, 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 July 17, 2023. Any such items not actually exported, reexported, 
or transferred (in-country) before midnight, on July 17, 2023, require 
a license in accordance with this correcting amendment.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities 
and serves as the authority under which BIS issues this rule.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to or be subject to a penalty for failure to comply 
with a collection of information, subject to the requirements of the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless 
that collection of information displays a currently valid Office of 
Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System, which includes, among 
other things, license applications and commodity classifications, and 
carries a burden estimate of 29.4 minutes for a manual or electronic 
submission for a total burden estimate of 33,133 hours. Total burden 
hours associated with the PRA and OMB control number 0694-0088 are not 
expected to increase as a result of this rule.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of the Export Control Reform Act of 
2018, this action is exempt from the Administrative Procedure Act (5 
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity 
for public participation, and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, or by any other law, the analytical requirements of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable. 
Accordingly, no regulatory flexibility analysis is required, and none 
has been prepared.

List of Subjects in 15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.
    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730-774) is corrected by making the following correcting 
amendment:

PART 744--CONTROL POLICY: END-USER AND END-USE BASED

0
1. The authority citation for 15 CFR part 744 is 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).


0
2. Supplement no. 4 to part 744 is amended under CHINA, PEOPLE'S 
REPUBLIC OF, by adding, in alphabetical order, an entry for ``China 
Aviation Development Harbin Bearing Co., Ltd.'' to read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

 
                                                                                                                                     Federal Register
               Country                                  Entity                     License requirement     License review policy         Citation
 
 
                                                                      * * * * * * *
CHINA, PEOPLE'S REPUBLIC OF
 
                                                                      * * * * * * *
                                      China Aviation Development Harbin Bearing  For all items subject    Presumption of denial.  88 FR [INSERT FR PAGE
                                       Co., Ltd., a.k.a. the following three      to the EAR. (See Sec.                            NUMBER] 6/21/2023.
                                       aliases:                                    744.11 of the EAR).
                                      --AVIC Harbin Bearing;
                                      --Harbin AVIC Bearing Co Ltd; and

[[Page 40086]]

 
                                      --AviChina Harbin Bearing
                                      No. 888 Nanjing Road, Hulan District,
                                       Harbin (New District Trust Handling
                                       Area), China; and No. 81, East Wujinnan
                                       Road, Xilong Street, Harbin, China; and
                                       North Side of Traffic Management Office,
                                       Linxi County, Xingtai City, Hebei
                                       Province, China.
 
                                                                      * * * * * * *
 

* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-13196 Filed 6-16-23; 8:45 am]
BILLING CODE 3510-33-P


