[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Pages 15848-15850]
[FR Doc No: 2015-06717]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74540; File No. SR-NYSEMKT-2015-16]

Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and
Immediate Effectiveness of Proposed Rule Change Amending Its Rules
Governing the Short Term Option Series Program To Extend Current $0.50
Strike Price Intervals in Non-Index Options to Short Term Options With
Strike Prices Less Than $100

 March 19, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on March 12, 2015, NYSE MKT LLC (the ``Exchange'' or ``NYSE
MKT'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend its rules governing the Short Term
Option Series program to extend current $0.50 strike price intervals in
non-index options to Short Term Options with strike prices less than
$100. The text of the proposed rule change is available on the
Exchange's Web site at www.nyse.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its rules governing the Short Term
Option Series program (``STOS Program'') to introduce finer strike
price intervals for certain short term options. In particular, the
Exchange proposes to amend Commentary .10(d) to Rule 903 to extend
current $0.50 strike price intervals in non-index options to short term
options with strike prices less than $100 instead of the current $75.
This proposed change is intended to eliminate gapped strikes between
$75 and $100 that result from conflicting strike price parameters under
the STOS and $2.50 Strike Price Programs as described in more detail
below. The Exchange believes that the proposed rule change would
increase market efficiency as it would align the Exchange's rules with
recently approved changes to the rules governing short term options
series programs of other options exchanges,\4\ which would enable the
Exchange to compete equally and fairly with other options exchanges in
satisfying strong customer demand to have the ability to execute
hedging and trading strategies in finer strike price intervals.
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    \4\ See Securities and Exchange Act Release No. 73999 (January
6, 2015), 80 FR 1599 [sic] (January 12, 2015) (SR-ISE-2014-52)
(order granting approval of proposed rule change regarding short
term option series program). Following approval of filing by the
International Securities Exchange, LLC, several other option
exchanges submitted ``copycat'' filings for immediate effectiveness.
See, e.g., Securities and Exchange Act Release Nos. 74016 (January
8, 2015), 80 FR 1976 (January 14, 2015) (SR-BOX-2015-01); 74144
(January 27, 2015), 80 FR 5602 (February 2, 2015) (SR-CBOE-2015-09
[sic]); 74145 (January 27, 2015), 80 FR 5600 (February 2, 2015) (SR-
Phlx-2015-09); 74146 (January 27, 2015), 80 FR 5595 (February 2,
2015) (SR-NASDAQ-2015-005); 74147 (January 27, 2015), 80 FR 5604
(February 2, 2015) (SR-BX-2015-006).
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    Pursuant to Commentary .10(a) to Rule 903, the Exchange may list
short term options in up to fifty option classes, in addition to option
classes that are selected by other securities exchanges that employ a
similar program under their respective rules.\5\ For each of these
option classes, the Exchange may list five short term option expiration
dates at any given time, not counting monthly or quarterly
expirations.\6\ Specifically, on any Thursday or Friday that is a
business day, the Exchange currently may list short term options that
expire at the close of business on each of the next five Fridays that
are business days and are not Fridays in which monthly or quarterly
options expire.\7\ These short term option series may be listed in
strike price intervals of $0.50, $1, or $2.50, with the finer strike
price intervals being offered for lower priced securities \8\, and for
options that trade in dollar increments in the related monthly
expiration.\9\ More specifically, per current Commentary .10(d) to Rule
903, the strike price interval for STOS may be $0.50 or greater for
option classes that both trade in $1 strike price intervals and are in
the STOS Program. If the class does not trade in $1 strike price
intervals, the Exchange may list STOS in $0.50 intervals for strike
prices less than $75; in $1 intervals for strike prices that are
between $75 and $150; and in $2.50 intervals for strike prices greater
than $150.\10\
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    \5\ The Exchange notes that the number of option classes that
may participate in the STOS Program is aggregated between equity
options and index options and is not apportioned between equity
options and index options. For STOS Program rules regarding index
options, see Rule 903C; Rule 900C(b)(27).
    \6\ See Rule 903(h).
    \7\ Id.
    \8\ See Commentary .10(d) to Rule 903.
    \9\ See Commentary .06 to Rule 903 (allows the Exchange to
designate up to 150 options classes on individual stocks to be
traded in $1 strike price intervals where the strike price is
between $50 and $1).
    \10\ See Commentary .10(d) to Rule 903.
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    The Exchange also operates a $2.50 Strike Price Program that
permits the Exchange to select up to sixty options classes on
individual stocks to trade in $2.50 strike price intervals, in addition
to option classes selected by other securities exchanges that employ a
similar program under their respective rules.\11\ Monthly expiration
options in classes admitted to the $2.50 Strike Price Program trade in
$2.50 intervals where the strike price is (1) greater than $25 but less
than $50; or (2) between $50 and $100 if the strikes are no more than
$10 from the closing price of the underlying stock in its primary
market on the preceding day.\12\ In certain instances, these strike
price parameters conflict with strike prices allowed for short term
options as dollar strikes between $75 and $100 otherwise allowed under
the STOS Program may be within $0.50 of strikes listed pursuant to the
$2.50 Strike Price Program.
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    \11\ See Commentary .07(a) to Rule 903.
    \12\ Id. The term ``primary market'' is defined in Rule
900.2NY(62) as the principal market in which an underlying security
is traded.
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    To remedy this conflict, the Exchange proposes to extend the $0.50
strike price intervals, currently allowed for short term options with
strike prices less than $75, to short term options with strike

prices less than $100. With this proposed change, short term options in
non-index option classes would trade in: (1) $0.50 or greater intervals
for strike prices less than $100, or for option classes that trade in
one dollar increments in the related monthly expiration option; (2) $1
or greater intervals for strike prices that are between $100 and $150;
and (3) $2.50 or greater intervals for strike prices above $150.\13\
The Exchange believes that this proposed change would eliminate gapped
strikes between $75 and $100. The Exchange also believes that the
proposed rule change would provide the investing public and other
markets with additional opportunities to hedge their investments, thus
allowing these investors to better manage their risk exposure. In
addition, as noted above, the Exchange believes the proposed rule
change would harmonize the Exchange's rules with recently approved
rules on competing options exchanges, which consistency across markets
would benefit investors.\14\
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    \13\ See proposed Commentary .10(d) to Rule 903.
    \14\ See supra n. 4.
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    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the
Options Price Reporting Authority (``OPRA'') have the necessary systems
capacity to handle any potential additional traffic associated with
this proposed rule change. The Exchange believes that its ATP Holders
would not have a capacity issue as a result of this proposal. The
Exchange also represents that it does not believe this expansion would
cause fragmentation of liquidity.
 2. Statutory Basis
    The Exchange believes that the proposed change is consistent with
Section 6(b) of the Act,\15\ in general, and furthers the objectives of
Section 6(b)(5),\16\ in particular, in that it is designed to promote
just and equitable principles of trade, to remove impediments to, and
perfect the mechanism of a free and open market and, in general, to
protect investors and the public interest.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change would result in a
continuing benefit to investors by giving them more flexibility to
closely tailor their investment and hedging decisions, thus allowing
them to better manage their risk exposure. Under the Exchange's current
rules, during the month prior to expiration, the Exchange is permitted
to list related monthly option contracts in the narrower strike price
intervals available for short term option series.\17\ After
transitioning to short term strike price intervals, however, monthly
options that trade in $2.50 intervals between $50 and $100 under the
$2.50 Strike Price Program, trade with dollar strikes between $75 and
$150. Due [sic] the overlap of $1 and $2.50 intervals, the Exchange
cannot list certain dollar strikes between $75 and $100 that conflict
with the prior $2.50 strikes. For example, if the Exchange initially
listed monthly options on ABC with $75, $77.50, and $80 strikes, the
Exchange could list the $76 and $79 strikes when these monthly options
transition to short term intervals. The Exchange would not be permitted
to list the $77 and $78 strikes, however, as these are $0.50 away from
the $77.50 strike already listed on the Exchange. This creates gapped
strikes between $75 and $100, where investors are not able to trade
otherwise allowable dollar strikes on the Exchange.
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    \17\ See Commentary .10(d) to Rule 903 (regarding Related Non-
Short Term option series).
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    Similarly, these conflicting strike price parameters create issues
for investors who want to roll their positions from monthly to weekly
expirations. In the example above, for instance, an investor that
purchased a monthly ABC option with a $77.50 strike price would not be
able to roll that position into a later short term expiration with the
same strike price as that strike is unavailable under current STOS
Program rules. Thus, the Exchange believes that permitting $0.50
intervals for short term options up to $100 would remedy both of these
issues as strikes allowed under the $2.50 Strike Price Program would
not conflict with the finer $0.50 strike price interval. The STOS
Program has been well-received by market participants and the Exchange
believes that introducing finer strike price intervals for short term
options with strike prices between $75 and $100, and thereby
eliminating the gapped strikes described above, would benefit these
market participants by giving them more flexibility to closely tailor
their investment and hedging decisions.
    With regard to the impact of this proposal on system capacity, the
Exchange has analyzed its capacity and represents that it and the OPRA
have the necessary systems capacity to handle any potential additional
traffic associated with this proposed rule change. The Exchange
believes that its ATP Holders would not have a capacity issue as a
result of this proposal. The Exchange also represents that it does not
believe this expansion would cause fragmentation of liquidity.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that this proposed rule change would
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act. To the contrary, the Exchange
believes that the proposed rule change would result in additional
investment options and opportunities to achieve the investment
objectives of market participants seeking efficient trading and hedging
vehicles, to the benefit of investors, market participants, and the
marketplace in general. In addition, as noted above, the Exchange
believes the proposed rule change is pro-competitive and would allow
the Exchange to compete more effectively with other options exchanges
that have already adopted changes to their short term option series
programs that are substantially identical to the changes proposed by
this filing.\18\
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    \18\ See supra n. 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \19\ and Rule 19b-4(f)(6)
thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
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    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Exchange stated that waiver of this requirement will enable
the Exchange to, as soon as possible, have the ability to compete with
option exchanges that have incorporated the

proposed rule change to their short term option series programs. For
this reason, the Commission believes that the proposed rule change
presents no novel issues and that waiver of the 30-day operative delay
is consistent with the protection of investors and the public interest.
Therefore, the Commission designates the proposed rule change to be
operative upon filing.\21\
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    \21\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEMKT-2015-16 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEMKT-2015-16. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEMKT-2015-16 and should
be submitted on or before April 15, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-06717 Filed 3-24-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 86, Number 41 (Thursday, March 4, 2021)]
[Rules and Regulations]
[Pages 12529-12534]
[FR Doc No: 2021-04505]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 86, No. 41 / Thursday, March 4, 2021 / Rules
and Regulations

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI36

Addition of Certain Entities to the Entity List; Correction of
Existing Entries on the Entity List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule amends the Export Administration Regulations
(EAR) by adding fourteen entities to the Entity List. These fourteen
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. These fourteen entities will be listed on the Entity
List under the destinations of Germany, Russia, and Switzerland. This
rule also corrects six existing entries to the Entity List, one under
the destination of Germany and the other five under the destination of
China.

DATES: This rule is effective March 4, 2021.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee,
Office of the Assistant Secretary, Export Administration, Bureau of
Industry and Security, Department of Commerce, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    The Entity List (15 CFR, Subchapter C, part 744, Supplement No. 4
of the Export Administration Regulations (EAR)) 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 EAR
impose license requirements on and limit the availability of most
license exceptions for exports, reexports, and transfers (in country)
involving 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. The Bureau of Industry and Security (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
makes all decisions to remove or modify an entry by unanimous vote.

ERC Entity List Decisions

Additions to the Entity List

    This rule implements the decision of the ERC to add fourteen
entities to the Entity List. The fourteen entities are located in
Germany, Russia, and Switzerland.
    The ERC reviewed and applied Sec.  744.11(b) (Criteria for revising
the Entity List) in making the determination to add these fourteen
entities to the Entity List. Under that paragraph, persons for whom
there is reasonable cause to believe, based on specific and articulable
facts, that they 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, along with those acting on behalf of such persons, may
be added to the Entity List. Paragraphs (b)(1) through (b)(5) of Sec.
744.11 provide an illustrative list of activities that could be
contrary to the national security or foreign policy interests of the
United States. For each of the fourteen entities described below, the
ERC made the requisite determination based on the standard set forth in
Sec.  744.11(b).
    The ERC determined to add the following thirteen entities: Chimmed
Group; Chimconnect GmbH; Chimconnect AG; Pharmkontract GmbH; Femteco;
Interlab; LabInvest; OOO Analit Products; OOO Intertech Instruments;
Pharmcontract GC; Rau Farm; Regionsnab; and Riol-Chemie, to the Entity
List based on their proliferation activities in support of Russia's
weapons of mass destruction programs. Nine of these entities are
located in Russia, three are located in Germany, and one is located in
Switzerland. Pursuant to Sec.  744.11 of the EAR, the ERC also
determined to add the 27th Scientific Center of the Russian Ministry of
Defense (a.k.a., 27th NTs) located in Russia to the Entity List. This
entity is a Russian Government Ministry of Defense facility associated
with Russia's chemical weapons activities.
    Pursuant to Sec.  744.11(b) of the EAR, the ERC determined that the
conduct of these fourteen entities raises sufficient concern that prior
review of exports, reexports, or transfers (in-country) of all items
subject to the EAR involving these entities, and the possible
imposition of license conditions or license denials on shipments
involving the entities, will enhance BIS's ability to prevent items
subject to the EAR from being used in activities contrary to the
national security and foreign policy interests of the United States.
    For the fourteen entities added to the Entity List in this final
rule, BIS imposes a license requirement that applies to all items
subject to the EAR. For the 27th Scientific Center of the Russian
Ministry of Defense, BIS will review license applications under Sec.
744.4(d) of the EAR, the review policy that applies to items subject to
the EAR that are destined for certain chemical and biological weapons
end-uses. With respect to the other thirteen entities located in
Russia, Germany, and Switzerland, BIS will review license applications
under Sec.  744.4(d) of the EAR as well as the policies set forth in
Sec.  744.2(d) and Sec.  744.3(d), which apply to items subject to the
EAR that are destined for certain nuclear and missile technology end-
uses, respectively.
    With respect to all fourteen entities, the license requirements
apply to any transaction in which items subject to the EAR are to be
exported, reexported, or transferred (in country) involving any of the
entities in which such entities act as

purchaser, intermediate consignee, ultimate consignee, or end-user as
described in Sec.  748.5(c) through (f). In addition, no license
exceptions are available for exports, reexports, or transfers (in-
country) involving the entities being added to the Entity List in this
rule.
    The acronym ``a.k.a.'', or 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 fourteen entities to the Entity
List and includes, where appropriate, aliases:

Germany

     Chimconnect Gmbh;
     Pharmcontract Gmbh; and
     Riol-Chemie.

Russia

     27th Scientific Center of the Russian Ministry of Defense;
     Chimmed Group;
     Femteco;
     Interlab;
     LabInvest;
     OOO Analit Products;
     OOO Intertech Instruments;
     Pharmcontract GC;
     Rau Farm; and\
     Regionsnab.

Switzerland

     Chimconnect AG.

Corrections to the Entity List

    This final rule implements corrections to six existing entries on
the Entity List. One correction is under the destination of Germany for
the entity ``Huawei OpenLab Munich,'' and a second correction is under
the destination of China for the entity ``Huawei Cloud Hong Kong.''
Both entities were added to the Entity List on August 20, 2020 (85 FR
51596), and their entries were modified on August 27, 2020 (85 FR
52898). A correction is needed in the Federal Register citation column
for these two entities because of an error that occurred in the
amendatory instruction in the August 27, 2020 rule. This rule corrects
the Federal Register citation for each entity to conform to the Federal
Register citations that appear in the August 20, 2020 and August 27,
2020 rules. The third correction is under the destination of China for
the entity ``China State Shipbuilding Corporation, Limited (CSSC) 750th
Research Institute.'' This entity was added to the EAR on December 18,
2020 (85 FR 83416). This rule corrects the entity's name so that it
reads as ``China State Shipbuilding Corporation, Limited (CSSC) 750th
Test Center.'' The fourth correction is under the destination of China
for the entity ``SMIC Hong Kong International Company Limited.'' This
entity was originally added to the EAR in the December 18, 2020 rule
and placed under Hong Kong. As part of a December 22, 2020 rule (85 FR
83416), this entry was moved and placed under China. Due to
publication-related timing constraints, the December 22, 2020 rule did
not include the Federal Register citation for the December 18, 2020
rule. This rule corrects the Federal Register citation for this entry
to insert the citation from the December 18, 2020 rule. The fifth
correction is under the destination of China for the entity ``Su Bin.''
This entity was originally added to the EAR under the destination of
Hong Kong on August 1, 2014 (79 FR 44680) and moved from Hong Kong to
the destination of China on December 23, 2020 (85 FR 83765). A
correction is needed in the Federal Register citation column for this
entity because of an error that double printed the December 23, 2020
Federal Register citation. This rule corrects the Federal Register
citation by deleting the second reference to the citation. The sixth
correction is under the destination of China for the entity ``Nanjing
FiberHome Starrysky Communication Development -o.'' This rule corrects
the name of this entity by replacing the ``Nanjing FiberHome Starrysky
Communication Development -o.'' with ``Nanjing FiberHome Starrysky
Communication Development Co.''

Savings Clause

    Shipments of items removed from eligibility for a License Exception
or for 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 March 4, 2021, 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) (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. 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 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 carries a burden estimate of
42.5 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.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to Sec.  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--

0
1. The authority citation for 15 CFR part 744 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 18, 2020, 85 FR 59641 (September 22, 2020); Notice of
November 12, 2020, 85 FR 72897 (November 13, 2020).

0
2. Amend Supplement No. 4 to part 744 by
0
a. Under CHINA, PEOPLE'S REPUBLIC OF revising the entities ``Huawei
Cloud Hong Kong'', Nanjing FiberHome Starrysky Communication
Development -o,'' ``SMIC Hong Kong International Company Limited'', and
``Su Bin'';
0
b. Under Germany:
0
i. Adding in alphabetical order the entity ``Chimconnect GmbH'';
0
ii. Revising the entity ``Huawei OpenLab Munich''; and
0
iii. Adding in alphabetical order the entities ``Pharmcontract GmbH,''
and ``Riol-Chemie'':
0
c. Under RUSSIA, by adding in alphabetical order the entities ``27th
Scientific Center of the Russian Ministry of Defense,'' ``Chimmed
Group,'' ``Femteco,'' ``Interlab,'' ``LabInvest,'' ``OOO Analit
Products,'' ``OOO Intertech Instruments,'' ``Pharmcontract GC,''
``Regionsnab,'' and ``Rau Farm''; and
0
d. Under SWITZERLAND, by adding in alphabetical order the entity
``Chimconnect AG''.
    The additions and revisions read as follows:

Supplement No. 4 to Part 744--Entity List

* * * * *

----------------------------------------------------------------------------------------------------------------
                                                                              License review    Federal Register
        Country                     Entity             License requirement        policy            citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
CHINA, PEOPLE'S                                                 * * * * * *
 REPUBLIC OF.
                         Huawei Cloud Hong Kong, Hong  For all items        Presumption of     85 FR 51603, 8/20/
                          Kong.                         subject to the       denial.            20.
                                                        EAR, see Sec.                          85 FR 52901, 8/27/
                                                        736.2(b)(3)(vi),\1                      20.
                                                        \ and 744.11 of                        86 FR [INSERT FR
                                                        the EAR, EXCEPT                         PAGE NUMBER] 3/4/
                                                        \2\ for technology                      21.
                                                        subject to the EAR
                                                        that is designated
                                                        as EAR99, or
                                                        controlled on the
                                                        Commerce Control
                                                        List for anti-
                                                        terrorism reasons
                                                        only, when
                                                        released to
                                                        members of a
                                                        ``standards
                                                        organization''
                                                        (see Sec.   772.1)
                                                        for the purpose of
                                                        contributing to
                                                        the revision or
                                                        development of a
                                                        ``standard'' (see
                                                        Sec.   772.1).
                                                                * * * * * *
                         Nanjing FiberHome Starrysky   For all items        Case-by-case       85 FR 34505, 6/5/
                          Communication Development     subject to the       review for ECCNs   20.
                          Co., a.k.a., the following    EAR. (See Sec.       1A004.c,          85 FR 44159, 7/22/
                          two aliases:                  744.11 of the        1A004.d, 1A995,    20.
                         --Nanjing Fenghuo Xingkong     EAR).                1A999.a, 1D003,   86 FR [INSERT FR
                          Communication Development                          2A983, 2D983,      PAGE NUMBER] 3/4/
                          Co.; and                                           and 2E983, and     21.
                         --Fiberhome StarrySky Co.,                          for EAR99 items
                          Ltd.                                               described in the
                         88 Yunlongshan Road, Jianye                         Note to ECCN
                          District, Nanjing China.                           1A995; case-by-
                                                                             case review for
                                                                             items necessary
                                                                             to detect,
                                                                             identify and
                                                                             treat infectious
                                                                             disease; and
                                                                             presumption of
                                                                             denial for all
                                                                             other items
                                                                             subject to the
                                                                             EAR..
                                                                * * * * * *

                         SMIC Hong Kong International  All items subject    Presumption of     85 FR 83420, 12/
                          Company Limited, a.k.a.,      to the EAR. (See     denial for items   22/20. 85 FR
                          the following one alias:      Sec.   744.11 of     uniquely           83765, 12/23/
                         --SMIC Hong Kong.              the EAR).            required for       2020.
                         Suite 3003, 30th Floor, No.                         production of     86 FR [INSERT FR
                          9 Queen's Road Central Hong                        semiconductors     PAGE NUMBER] 3/4/
                          Kong.                                              at advanced        21.
                                                                             technology nodes
                                                                             (10 nanometers
                                                                             and below,
                                                                             including
                                                                             extreme
                                                                             ultraviolet
                                                                             technology);
                                                                             Case by case for
                                                                             all other items..
                                                                * * * * * *
                         Su Bin, a.k.a., the           For all items        Presumption of     79 FR 44683, 8/1/
                          following two aliases:        subject to the       denial.            14.
                         --Stephen Subin; and           EAR. (See Sec.                         85 FR 83768, 12/
                         --Steve Su.                    744.11 of the                           23/2020.
                         Room 8306 Kelun Building,      EAR).                                  86 FR [INSERT FR
                          12A Guanghua Road,                                                    PAGE NUMBER] 3/4/
                          Chaoyang, Beijing 100020,                                             21.
                          China; and Room 801, Unit
                          1, Building 8 Caiman
                          Street, Chaoyang Road,
                          Beijing 100025, China; and
                          Building 1-1, No. 67 Caiman
                          Str., Chaoyang Road,
                          Beijing 100123, China; and
                          Room A407 Kelun Building,
                          12A Guanghua Road,
                          Chaoyang, Beijing 100020,
                          China; and Rm 602, 5/F, No.
                          106 NanHu road, ChaoYang
                          District, Beijing, China
                          and Rm 1019-1020 Nan Fung
                          Centre, 264-298 Castle Peak
                          Road, Tsuen Wan New
                          Territories, Hong Kong; and
                          Room 1522 Nan Fung Centre,
                          264-298 Castle Peak Road,
                          Tsuen Wan New Territories,
                          Hong Kong.
                                                                * * * * * *
GERMANY................                                         * * * * * *
                         Chimconnect GmbH,             For all items        See Sec.  Sec.     86 FR [INSERT FR
                          Reichenauestrasse 1a, DE-     subject to the       744.2(d),          PAGE NUMBER] 3/4/
                          78467, Konstanz, Germany.     EAR.                 744.3(d), and      21.
                                                                             744.4(d) of this
                                                                             part..
                                                                * * * * * *
                         Huawei OpenLab Munich,        For all items        Presumption of     85 FR 51603, 8/20/
                          a.k.a., the following one     subject to the       denial..           20, 85 FR 52901,
                          alias,                        EAR, see Sec.                           8/27/20.
                         --Huawei Munich OpenLab.       736.2(b)(3)(vi),\1                     86 FR [INSERT FR
                         Huawei Germany Region R&D      \ and 744.11 of                         PAGE NUMBER] 3/4/
                          Centre Riesstr. 22 80992      the EAR, EXCEPT\2\                      21.
                          Munich, Germany; and Huawei   for technology
                          Germany Region R&D Centre     subject to the EAR
                          Riesstr. 12 80992 Munich,     that is designated
                          Germany.                      as EAR99, or
                                                        controlled on the
                                                        Commerce Control
                                                        List for anti-
                                                        terrorism reasons
                                                        only, when
                                                        released to
                                                        members of a
                                                        ``standards
                                                        organization''
                                                        (see Sec.   772.1)
                                                        for the purpose of
                                                        contributing to
                                                        the revision or
                                                        development of a
                                                        ``standard'' (see
                                                        Sec.   772.1).
                                                                * * * * * *
                         Pharmcontract GmbH., a.k.a.,  For all items        See Sec.  Sec.     86 FR [INSERT FR
                          the following one alias:      subject to the       744.2(d),          PAGE NUMBER] 3/4/
                         --Farmkontract GmbH.           EAR.                 744.3(d), and      21.
                         Goethestrasse 4-8 D-60313                           744.4(d) of this
                          Frankfurt am Main, Germany.                        part.
                         Riol-Chemie, Gobelstrasse     For all items        See Sec.  Sec.     86 FR [INSERT FR
                          21, Lilienthal, Germany.      subject to the       744.2(d),          PAGE NUMBER] 3/4/
                                                        EAR.                 744.3(d), and      21.
                                                                             744.4(d) of this
                                                                             part..
                                                                * * * * * *

RUSSIA.................  27th Scientific Center of     All items subject    See Sec.           86 FR [INSERT FR
                          the Russian Ministry of       to the EAR.          744.4(d) of this   PAGE NUMBER] 3/4/
                          Defense, a.k.a., the                               part..             21.
                          following one alias:
                         --27th NTs.
                         Birgadirskiy pereulok 13,
                          105005, Moscow, Russia.
                                                                * * * * * *
                         Chimmed Group, a.k.a., the    For all items        See Sec.  Sec.     86 FR [INSERT FR
                          following six aliases:        subject to the       744.2(d),          PAGE NUMBER] 3/4/
                         --OOO Khimmed;                 EAR.                 744.3(d), and      21.
                         --Chimmed;                                          744.4(d) of this
                         --TD Chimmed;                                       part..
                         --TD Khimmed;
                         --Khimmed; and
                         --SPK Khimmed
                         9/3 Kashirskoe Highway,
                          Moscow, Russia 115230; and
                          Runovskiy, D 11/13, Korp 2,
                          Moscow, Russia; and
                          Kashirskoe, D 9, Korp 3,
                          Moscow, Russia.
                                                                * * * * * *
                         Femteco, 13 3-ya              For all items        See Sec.  Sec.     86 FR [INSERT FR
                          Khoroshevskaya Street,        subject to the       744.2(d),          PAGE NUMBER] 3/4/
                          Moscow, Russia 123298; and    EAR.                 744.3(d), and      21.
                          3298 G. Moskva, Ul. 3-ya                           744.4(d) of this
                          Khoroshevskaya, D. 13, K.                          part..
                          Russia.
                                                                * * * * * *
                         Interlab, a.k.a., the         For all items        See Sec.  Sec.     86 FR [INSERT FR
                          following one alias:          subject to the       744.2(d),          PAGE NUMBER] 3/4/
                         --OOO Interlab.                EAR.                 744.3(d), and      21.
                         Tikhvinsky Per., 11,                                744.4(d) of this
                          Building 2, 127055, Moscow,                        part..
                          Russia.
                                                                * * * * * *
                         LabInvest, Remenskoe, Street  For all items        See Sec.  Sec.     86 FR [INSERT FR
                          100-Y, Svirskoy Division, D   subject to the       744.2(d),          PAGE NUMBER] 3/4/
                          52, 140104, Moscow Oblast,    EAR.                 744.3(d), and      21.
                          Russia.                                            744.4(d) of this
                                                                             part..
                                                                * * * * * *
                         OOO Analit Products, 26th-    For all items        See Sec.  Sec.     86 FR [INSERT FR
                          line V.O., dom. 15/2 lit.     subject to the       744.2(d),          PAGE NUMBER] 3/4/
                          A, office 9.06, St.           EAR.                 744.3(d), and      21.
                          Petersburg, Russia 199106.                         744.4(d) of this
                                                                             part..
                         OOO Intertech Instruments,    For all items        See Sec.  Sec.     86 FR [INSERT FR
                          a.k.a., the following one     subject to the       744.2(d),          PAGE NUMBER] 3/4/
                          alias:                        EAR.                 744.3(d), and      21.
                         --Intertek Instruments.                             744.4(d) of this
                         3/2 Novopeschanaya Street,                          part..
                          Moscow, Russia 125057.
                                                                * * * * * *
                         Pharmcontract GC, a.k.a.,     For all items        See Sec.  Sec.     86 FR [INSERT FR
                          the following one alias:      subject to the       744.2(d),          PAGE NUMBER] 3/4/
                         --Farmkontract GC.             EAR.                 744.3(d), and      21.
                         Dubininskaya Street, 57/2,                          744.4(d) of this
                          Office 306, 115054, Moscow,                        part..
                          Russia.
                                                                * * * * * *
                         Rau Farm, a.k.a., the         For all items        See Sec.  Sec.     86 FR [INSERT FR
                          following three aliases:      subject to the       744.2(d),          PAGE NUMBER] 3/4/
                         --Raw Farm;                    EAR.                 744.3(d), and      21.
                         --Rau Pharm; and                                    744.4(d) of this
                         --Raw Pharm.                                        part..
                         Petro-Razumovskaya Alley 18,
                          Moscow, Russia; and Ul.
                          Mnevniki \3/1\, Moscow,
                          Russia; and
                         Denisovsky Pereulok, Bldg 8/
                          14, Moscow, Russia.
                                                                * * * * * *
                         Regionsnab, 129327 ul.        For all items        See Sec.  Sec.     86 FR [INSERT FR
                          Lenskaya 2/21, Suite III,     subject to the       744.2(d),          PAGE NUMBER] 3/4/
                          Moscow, Russia.               EAR.                 744.3(d), and      21.
                                                                             744.4(d) of this
                                                                             part..
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
SWITZERLAND............                                         * * * * * *
                         Chimconnect AG,               For all items        See Sec.  Sec.     86 FR [INSERT FR
                          Langaulistrasse 17, CH-9470   subject to the       744.2(d),          PAGE NUMBER] 3/4/
                          Buschs/SG, Switzerland.       EAR.                 744.3(d), and      21.
                                                                             744.4(d) of this
                                                                             part..

                                                                * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-04505 Filed 3-2-21; 4:15 pm]
BILLING CODE 3510-33-P


[Federal Register Volume 78, Number 131 (Tuesday, July 9, 2013)]
[Notices]
[Pages 41184-41185]
[FR Doc No: 2013-16453]

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Passenger Facility Charge (PFC)
Application 11-05-C-00-SFO to Impose and Use PFC Revenue at San
Francisco International Airport, San Francisco, California

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of intent to rule on application.

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to rule and invites public comment on the
application to impose and use PFC revenue at San Francisco
International Airport (SFO), under the provisions of

the Aviation Safety and Capacity Expansion Act of 1990 (Title IX of the
Omnibus Budget Reconciliation Act of 1990) (Pub. L. 101-508) and Part
158 of the Federal Aviation Regulations (Title 14 CFR part 158).

DATES: Comments must be received on or before August 8, 2013.

ADDRESSES: Comments on this application may be mailed or delivered in
triplicate to the FAA at the following address: Federal Aviation
Administration, Airports Division, 15000 Aviation Blvd., Room 3012,
Lawndale, CA 90261. In addition, one copy of any comments submitted to
the FAA must be mailed or delivered to Mr. John L. Martin, Airport
Director, San Francisco International Airport, at the following
address: 575 North McDonnell Road, 2nd Floor, San Francisco, CA 94128.
Air carriers and foreign air carriers may submit copies of written
comments previously provided to the San Francisco Airport Commission
under section 158.23 of Part 158.

FOR FURTHER INFORMATION CONTACT: Arlene Draper, Assistant Manager, San
Francisco Airports District Office, 1000 Marina Boulevard, Suite 220,
Brisbane, CA 94005-1835, Telephone:<PHONE_NUMBER>. The application may
be reviewed in person at this same location.

SUPPLEMENTARY INFORMATION: The FAA proposes to rule and invites public
comment on the application to impose and use PFC revenue at San
Francisco International Airport, under the provisions of the 49 U.S.C.
40117 and Part 158 of the Federal Aviation Regulations (Title 14 CFR
Part 158).
    On October 5, 2010, the public agency submitted an application to
impose and use PFC revenue on 25 projects at SFO. On November 4, 2010,
the FAA found the application was not substantially complete. On
November 18, 2010, the public agency notified the FAA of their intent
to supplement the application. The FAA received the supplemented
application on June 14, 2013, within the requirements of section 158.27
of Part 158. The FAA will approve or disapprove the application, in
whole or in part, no later than October 12, 2013.
    The following is a brief overview of PFC application No. 11-05-C-
00-SFO:
    Proposed charge effective date: January 1, 2017.
    Proposed charge expiration date: June 1, 2023.
    Level of the proposed PFC: $4.50.
    Total estimated PFC revenue: $610,451,805.
    Description of the impose and use project:
    Terminal 2 and Boarding Area D Renovations--the project provides
for the reimbursement of the costs associated with the renovation,
expansion, and modernization of the San Francisco International Airport
Terminal 2 and Boarding Area D, including the installation of 14
boarding gates and associated aircraft parking apron and passenger
loading bridges.
    Withdrawn Projects: By letter dated June 14, 2013, the public
agency withdrew 23 airfield improvement projects and the International
terminal common use system improvements project, included in the
original October 5, 2010 application. Therefore, these projects are no
longer part of this application.
    Class or classes of air carriers which the public agency has
requested not be required to collect PFCs: Non-scheduled on-demand air
carriers filing FAA Form 1800-31.
    Any person may inspect the application in person at the FAA office
listed above under FOR FURTHER INFORMATION CONTACT and at the FAA
Regional Office located at: 15000 Aviation Blvd., Room 3012, Lawndale,
CA 90261. In addition, any person may, upon request, inspect the
application, notice and other documents germane to the application in
person at the San Francisco International Airport.

    Issued in Lawndale, California, on June 27, 2013.
Mia Paredes Ratcliff,
Manager, Planning and Programming Branch, Western-Pacific Region.
[FR Doc. 2013-16453 Filed 7-8-13; 8:45 am]
BILLING CODE 4910-13-P