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

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