[Federal Register Volume 64, Number 103 (Friday, May 28, 1999)]
[Rules and Regulations]
[Pages 28909-28910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13351]


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DEPARTMENT OF COMMERCE

Bureau of Export Administration

15 CFR Part 744

[Docket No. 970428099-9105-09]
RIN 0694-AB60


Entity List: Addition of Entities located in the People's 
Republic of China; and Correction to Spelling of One Indian Entity 
Name.

AGENCY: Bureau of Export Administration, Commerce.

ACTION: Final rule.

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SUMMARY: The Export Administration Regulations (EAR) provide that the 
Bureau of Export Administration (BXA) may inform exporters, 
individually or through amendment to the EAR, that a license is 
required for exports or reexports to certain entities. The EAR contains 
a list of such entities. This rule adds six entities located in the 
People's Republic of China to the Entity List. A license will be 
required for the export or reexport of all items subject to the EAR 
having a classification other than EAR99 to five of these entities. A 
license will be required for the export or reexport of all items 
subject to the EAR to the Northwest Institute of Nuclear Technology, in 
the Science Research, Xi'an, Shaanxi. License applications to export or 
reexport these items will be reviewed on a case-by-case basis to 
determine whether the export or reexport would make a material 
contribution to the proliferation of missiles. This rule also makes a 
correction to one Indian entity name which was inadvertently 
misspelled.

EFFECTIVE DATE: This rule is effective May 28, 1999.

FOR FURTHER INFORMATION CONTACT: Eileen M. Albanese, Office of Exporter 
Services, Bureau of Export Administration, Telephone: (202) 482-0436.

SUPPLEMENTARY INFORMATION:

Background

    General Prohibition Five (Sec. 736.2(b)(5) of the EAR) prohibits 
exports and reexports to certain end-users or end-uses (described in 
part 744 of the EAR) without a license. In the form of Supplement No. 4 
to part 744, BXA maintains an ``Entity List'' to provide notice 
informing the public of certain entities subject to such licensing 
requirements. Although the Export Administration Act (EAA) expired on 
August 20, 1994, the President invoked the International Emergency 
Economic Powers Act and continued in effect, to the extent permitted by 
law, the provisions of the EAA and the EAR in Executive Order 12924 of 
August 19, 1994, continued by Presidential notices of August 15, 1995 
(60 FR 42767), August 14, 1996 (61 FR 42527), August 13, 1997 (62 FR 
43629) and August 13, 1998 (63 FR 44121).

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
the purposes of 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 unless that collection of information 
displays a current valid OMB Control Number. This rule involves a 
collection of information requirements subject to the Paperwork 
Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This collection has 
been approved by the Office of Management and Budget under control 
number 0694-0088.
    3. This rule does not contain policies with Federalism implications 
sufficient to warrant preparation of a Federalism assessment under 
Executive Order 12612.
    4. The provisions of the Administrative Procedure Act requiring 
notice of proposed rulemaking, the opportunity for public 
participation, and a delay in effective date, are

[[Page 28910]]

inapplicable because this regulation involves a military or foreign 
affairs function of the United States (see 5 U.S.C. 553(a)(1)). 
Further, no other law requires that a notice of proposed rulemaking and 
an opportunity for public comment be given for this rule. 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 inapplicable.
    Therefore, this regulation is issued in final form. Although there 
is no formal comment period, public comments on this regulation are 
welcome on a continuing basis. Comments should be submitted to Sharron 
Cook, Office of Exporter Services, Bureau of Export Administration, 
Department of Commerce, P.O. Box 273, Washington, DC 20044.

List of Subjects in 15 CFR Part 744

    Exports, Foreign trade, Reporting and recordkeeping requirements.
    Accordingly, part 744 of the Export Administration Regulations (15 
CFR parts 730-774) is amended, as follows:
    1. The authority citation for 15 CFR part 744 continues to read as 
follows:

    1. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq., 1701 et seq.; 22 U.S.C. 
3201 et seq.; 42 U.S.C. 2139a; 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. 12924, 59 FR 43437, 3 CFR, 1994 Comp., p. 917; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; Notice of August 15, 1995 (60 
FR 42767, August 17, 1995); Notice of August 14, 1996 (61 FR 42527); 
Notice of August 13, 1997 (62 FR 43629, August 15, 1997); Notice of 
August 13, 1998 (63 FR 44121, August 17, 1998).

PART 744--[AMENDED]

    2. Supplement No. 4 to part 744 is amended by:
    (a) Revising the Indian entity name ``Misrha Dhatu Nigam, Ltd. 
(MIDHANI), Hyderabad'' to read ``Mishra Dhatu Nigam, Ltd. (MIDHANI), 
Hyderabad; and
    (b) Adding, in alphabetical order, the following entities:

                                    Supplement No. 4 to Part 744--Entity List
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                                                              License         License review    Federal Register
            Country                      Entity             requirement           policy            citation
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CHINA, PEOPLE'S REPUBLIC OF....  Beijing Aerospace       For all items      See Sec.  744.3    64 FR May 28,
                                  Automatic Control       subject to the     of this part.      1999.
                                  Institute, 51 Yong      EAR having a
                                  Ding Road Beijing.      classification
                                                          other than EAR99.
                                 Beijing Institute of    For all items      See Sec.  744.3    64 FR May 28,
                                  Structure and           subject to the     of this part.      1999.
                                  Environmental           EAR having a
                                  Engineering, a.k.a.,    classification
                                  Beijing Institute of    other than EAR99.
                                  Strength and
                                  Environmental
                                  Engineering, No. 36
                                  Wanyuan Road Beijing.
                                 China Aerodynamics      For all items      See Sec.  744.3    64 FR May 28,
                                  Research and            subject to the     of this part.      1999.
                                  Development Center      EAR having a
                                  (CARDC) Sichuan         classification
                                  Province.               other than EAR99.
 
     *                *                *                *                *                *                *
                                 Northwest Institute of  For all items      See Sec.  744.2    64 FR May 28,
                                  Nuclear Technology,     subject to the     of this part.      1999.
                                  in the Science          EAR.
                                  Research, Xi'an,
                                  Shaanxi.
                                 Shanghai Academy of     For all items      See Sec.  744.3    64 FR May 28,
                                  Spaceflight             subject to the     of this part.      1999.
                                  Technology, Shanghai,   EAR having a
                                  Spaceflight Tower 222   classification
                                  Cao Xi Road Shanghai,   other than EAR99.
                                  20023.
                                 Shanghai Institute of   For all items      See Sec.  744.3    64 FR May 28,
                                  Space Power-Sources,    subject to the     of this part.      1999.
                                  Shanghai, 388 Cang Wu   EAR having a
                                  Rd Shanghai.            classification
                                                          other than EAR99.
 
     *                *                *                *                *                *                *
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    Dated: May 20, 1999.
R. Roger Majak,
Assistant Secretary for Export Administration.
[FR Doc. 99-13351 Filed 5-27-99; 8:45 am]
BILLING CODE 3510-33-P