[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 61971-61977]
[FR Doc No: 2022-21714]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 744

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI51

Revisions to the Unverified List; Clarifications to Activities
and Criteria That May Lead to Additions to the Entity List

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

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) by adding 31 persons to the
Unverified List (UVL). The 31 persons are added to the UVL on the basis
that BIS was unable to verify their bona fides because an end-use check
could not be completed satisfactorily for reasons outside the U.S.
Government's control. All 31 persons are being added under the
destination of the People's Republic of China (China). This rule also
removes nine persons, all under the destination of China, from the UVL
because BIS was able to verify their bona fides. With this final rule,
BIS also clarifies the activities and criteria that may lead to the
addition of an entity to the Entity List, including a sustained lack of
cooperation by the host government (e.g., the government of the country
in which an end-use check is to be conducted) that effectively prevents
BIS from determining compliance with the EAR.

DATES: This rule is effective October 7, 2022.

FOR FURTHER INFORMATION CONTACT: Linda Minsker, Director, Office of
Enforcement Analysis, Phone:<PHONE_NUMBER> or by email at
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The UVL, set forth in supplement no. 6 to part 744 of the EAR (15
CFR parts 730-774), contains the names and addresses of foreign persons
who are or have been parties to a transaction, as described in Sec.
748.5 of the EAR, involving the export, reexport, or transfer (in-
country) of items subject to the EAR. These foreign persons are added
to the UVL because BIS or federal officials acting on BIS's behalf were
unable to verify their bona fides (i.e., legitimacy and reliability
relating to the end use and end user of items subject to the EAR)
through the completion of an end-use check. Sometimes these checks,
such as a pre-license check (PLC) or a post-shipment verification
(PSV), cannot be completed satisfactorily for reasons outside the U.S.
Government's control.
    There are any number of reasons why these checks cannot be
completed to the satisfaction of the U.S. Government. The reasons
include, but are not limited to: (1) reasons unrelated to the
cooperation of the foreign party subject to the end-use check (for
example, BIS sometimes initiates end-use checks but is unable to
complete them because the foreign party cannot be found at the address
indicated on the associated export documents and BIS cannot contact the
party by telephone or email); (2) reasons related to a lack of
cooperation by the host government that fails to schedule and
facilitate the completion of an end-use check, for example by host
government agencies' lack of responses to requests to conduct end-use
checks, actions preventing the scheduling of such checks, or refusals
to schedule checks in a timely manner; or (3) when, during the end-use
check, a recipient of items subject to the EAR is unable to produce the
items that are the subject of the end-use check for visual inspection
or provide sufficient documentation or other evidence to confirm the
disposition of the items. BIS's inability to confirm the bona fides of
foreign persons subject to end-use checks for the reasons described
above raises concerns about the suitability of such persons as
participants in future exports, reexports, or transfers (in-country) of
items subject to the EAR; this also indicates a risk that such items
may be diverted to prohibited end uses and/or end users. Under such
circumstances, there may not be sufficient information to add the
foreign person at issue to the Entity List under Sec.  744.11 of the
EAR. Therefore, BIS may add the foreign person to the UVL.
    As provided in Sec.  740.2(a)(17) of the EAR, the use of license
exceptions for exports, reexports, and transfers (in-country) involving
a party or parties to the transaction who are listed on the UVL is
suspended. Additionally, under Sec.  744.15(b) of the EAR, there is a
requirement for exporters, re-exporters, and transferors to obtain (and
maintain

a record of) a UVL statement from a party or parties to the transaction
who are listed on the UVL before proceeding with exports, reexports,
and transfers (in-country) to such persons, when the exports, reexports
and transfers (in-country) are not subject to a license requirement.
Finally, pursuant to Sec.  758.1(b)(8), Electronic Export Information
(EEI) must be filed in the Automated Export System (AES) for all
exports of tangible items subject to the EAR when a party or parties to
the transaction is/are listed on the UVL.
    Requests for the removal of a UVL entry must be made in accordance
with Sec.  744.15(d) of the EAR. Decisions regarding the removal or
modification of UVL entry are made by the Deputy Assistant Secretary
for Export Enforcement on the basis of a demonstration by the listed
person of their bona fides.

Additions to the UVL

    This rule adds 31 persons to the UVL by amending supplement no. 6
to part 744 of the EAR to include their names and addresses. BIS is
adding these persons pursuant to Sec.  744.15(c) of the EAR. This final
rule implements the decision to add the following 31 persons located in
China to the UVL:
China

1. Beijing Naura Magnetoelectric Technology Co., Ltd.
2. Beijing PowerMac Company
3. CCIC Southern Electronic Product Testing Co., Ltd.
4. Chang Zhou Jin Tan Teng Yuan Machinery Parts Co., Ltd.
5. Institute of Mineral Resources, Chinese Academy of Geological
Sciences
6. Chinese Academy of Science (CAS) Institute of Chemistry
7. Chongqing Optel Telecom
8. Chongqing Xinyuhang Technology Co., Ltd.
9. Dandong Nondestructive Electronics
10. DK Laser Company Ltd.
11. Foshan Huaguo Optical Co., Ltd.
12. GRG Metrology & Test (Chongqing) Co., Ltd.
13. Guangdong Dongling Carbon Tech. Co., Ltd.
14. Guangxi Yuchai Machinery Co., Ltd.
15. Guangzhou GRG Metrology & Test (Beijing) Co., Ltd.
16. Jialin Precision Optics (Shanghai) Co., Ltd.
17. Lishui Zhengyang Electric Power Construction
18. Nanjing Gova Technology Co., Ltd.
19. Ningbo III Lasers Technology Co., Ltd.
20. Qingdao Sci-Tech Innovation Quality Testing Co., Ltd.
21. Shanghai Tech University
22. Suzhou Sen-Chuan Machinery Technology Co., Ltd.
23. Tianjin Optical Valley Technology Co., Ltd.
24. University of Chinese Academy of Sciences
25. University of Shanghai for Science and Technology
26. Vital Advanced Materials Co., Ltd.
27. Wuhan Institute of Biological Products Co., Ltd.
28. Wuhan Juhere Photonic Tech Co., Ltd.
29. Wuxi Hengling Technology Co., Ltd.
30. Xian Zhongsheng Shengyuan Technology Co., Ltd.
31. Yangtze Memory Technologies Co., Ltd.

Removals From the UVL.

    This final rule removes nine persons from the UVL after BIS was
able to verify their bona fides. This rule removes Anhui Institute of
Metrology, Chuzhou HKC Optoelectronics Technology Co., Ltd., Hefei
Anxin Reed Precision Co. Ltd., Hefei Institutes of Physical Science,
Jiutian Intelligent Equipment Co. Ltd., Suzhou Gyz Electronic
Technology Co. Ltd., Suzhou Lylap Mould Technology Co Ltd., Wuxi
Biologics Co., Ltd., and Wuxi Turbine Blade Co., Ltd. from the UVL, all
under the destination of China. BIS is removing these nine persons
pursuant to Sec.  744.15(c)(2) of the EAR.

Changes to Sec.  744.11

    The inability of BIS to determine compliance with the EAR because
of a host government's action or inaction creates a circumstance that
may place an entity at significant risk of being or becoming involved
in activities contrary to the national security or foreign policy
interests of the United States. For example, as previously mentioned,
BIS frequently conducts end-use checks of foreign parties to verify
their bona fides, thereby mitigating the risk of diversion of items
subject to the EAR. If BIS is unable to conduct timely end-use checks,
BIS's ability to prevent diversion and resolve concerns about
potentially problematic end uses and users is negatively impacted. The
sustained and deliberate prevention of an end-use check by a foreign
government is therefore contrary to the national security and foreign
policy interests of the United States. Further, the inability of an
entity to receive a timely end-use check could lead to the
determination that it is at significant risk of involvement in
activities contrary to U.S. national security or foreign policy
interests, leading to concerns regarding its receipt of items subject
to the EAR. To better reflect the nature of the risk presented by such
entities, when the risk assessed is the result of the actions of the
relevant host government authority rather than the actions of the
entities themselves, BIS is revising the heading of Sec.  744.11, as
well as the introductory text of Sec.  744.11 and Sec.  744.11(b), by
adding language to also refer to entities that are ``at significant
risk'' of acting contrary to the foreign policy and national security
interests of the United States.
    This includes sustained lack of cooperation by the host government
to schedule and facilitate the completion of end-use checks.
Particularly for entities identified on the UVL pursuant to Sec.
744.15, this lack of cooperation could result in sufficient concern
such that the End-User Review Committee (ERC) could make the
determination that the addition of the entity to the Entity List will
enhance BIS's ability to prevent violations of the EAR. Therefore, BIS
also amends the EAR by providing an additional illustrative example to
specify that situations in which there is a sustained lack of
cooperation by a host government authority that prevents an end-use
check from being conducted may constitute a basis for adding a party to
the Entity List. This activity is being added to the illustrative list
in Sec.  744.11(b) of activities contrary to the national security and
foreign policy interests of the United States that may support the
addition of entities to the Entity List.
    Additions to, removals from, or other modifications to the Entity
List will remain consistent with procedures described in supplement no.
5 to part 744 of the EAR. As part of that process, the ERC, which is
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.

Additional EAR Changes

    This final rule also makes additional changes to the EAR. To better
align the multiple lists found in part 744, BIS is changing the Federal
Register citation column in the UVL to match those of the other lists.
Prior to this rule, it read ``Federal Register citation and date of
publication'' and it will now read ``Federal Register citation.''
Please note that, like the other lists in part 744, the UVL's citation
column will still include

the date of publication, however, the date remains part of the broader
citation itself for the purposes of the list.

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.
Sections 4801-4852. ECRA provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
final rule.

Savings Clause

    Shipments (1) that are removed from license exception eligibility
or that are now subject to requirements in Sec.  744.15 of the EAR as a
result of this regulatory action; (2) that were eligible for export,
reexport, or transfer (in-country) without a license before this
regulatory action; and (3) that were on dock for loading, on lighter,
laden aboard an exporting carrier, or enroute aboard a carrier to a
port of export, on October 7, 2022, pursuant to actual orders, may
proceed to that UVL listed person under the previous license exception
eligibility or without a license and pursuant to the export clearance
requirements set forth in part 758 of the EAR that applied prior to
this person being listed on the UVL, so long as the items have been
exported from the United States, reexported or transferred (in-country)
before November 7, 2022. Any such items not actually exported,
reexported or transferred (in-country) before midnight on November 7,
2022 are subject to the requirements in Sec.  744.15 of the EAR in
accordance with this regulation.

Rulemaking Requirements

Executive Order Requirements

    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, distribute 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 final rule is a ``significant regulatory action''
under Executive Order 12866.
    This rule does not contain policies with federalism implications as
that term is defined under Executive Order 13132.

Paperwork Reduction Act Requirements

    Notwithstanding any other provision of law, no person is required
to respond to, nor is 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 action contains
collections of information approved by OMB under the following control
numbers:

 OMB Control Number 0694-0088--Simple Network Application
Process and Multipurpose Application Form
 OMB Control Number 0694-0122--Miscellaneous Licensing
Responsibilities and Enforcement
 OMB Control Number 0694-0134--Entity List and Unverified List
Requests
 OMB Control Number 0694-0137--License Exemptions and
Exclusions

    BIS believes that the overall increases in burdens and costs will
be minimal and will fall within the already approved amounts for these
existing collections.
    Information regarding these collections including all supporting
materials can be reviewed at www.reginfo.gov/public/do/PRAMain. Find
the particular information collection by using the search function and
entering the OMB Control Number, 0694-0088, 0694-0122, 0694-0134, or
0694-0137.

Administrative Procedure Act and Regulatory Flexibility Act
Requirements

    Pursuant to Section 4821 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking and opportunity for public participation.
    Further, no other law requires notice of proposed rulemaking or
opportunity for public comment for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required under the Administrative Procedure Act or by any other law,
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.

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 through 774) is amended as follows:

PART 744--[AMENDED]

0
1. The authority citation for 15 CFR part 744 is revised 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 November 10, 2021, 86 FR 62891 (November 12, 2021); Notice of
September 19, 2022, 87 FR 57569 (September 19, 2022).

0
2. Section 744.11 is revised to read as follows:

Sec.  744.11  License requirements that apply to entities acting or at
significant risk of acting contrary to the national security or foreign
policy interests of the United States.

    BIS may impose foreign policy export, re-export, and transfer (in-
country) license requirements, limitations on availability of license
exceptions, and set license application review policy based on the
criteria in this section. Such requirements, limitations and policy are
in addition to those set forth elsewhere in the EAR. License
requirements, limitations on use of license exceptions, and license
application review policies will be imposed under this section by
adding an entity to the Entity List (supplement no. 4 to this part)
with a reference to this section and by stating on the Entity List the
license requirements and license application review policies that apply
to that entity, or by informing an exporter, re-exporter, or transferor
pursuant to paragraph (c) of this section that a specific entity is
subject to a license requirement, limitations on use of license
exceptions and license application review policies as specified in a
specific notice provided to an exporter, re-exporter, or transferor.
BIS may remove an entity from the Entity List if it is no longer
engaged in the activities described in paragraph (b) of this section
and is unlikely to engage in such activities in the future, or if it is
no longer at significant risk of acting contrary to the national
security or foreign policy interests of the United States as described
therein. BIS may modify the license exception limitations and license
application review policies that apply to a particular entity to
implement the policies of this section. BIS will implement the
provisions of

this section in accordance with the decisions of the End-User Review
Committee or, if appropriate in a particular case, in accordance with
the decisions of the body to which the End-User Review Committee
decision is escalated. The End-User Review Committee will follow the
procedures set forth in supplement no. 5 to this part.
    (a) License requirement, availability of license exceptions, and
license application review policy. A license is required, to the extent
specified on the Entity List, to export, reexport, or transfer (in-
country) any item subject to the EAR when an entity that is listed on
the Entity List is a party to the transaction as described in Sec.
748.5(c) through (f) of the EAR unless otherwise authorized or excluded
in this section. License exceptions may not be used unless authorized
in the Entity List entry for the entity that is party to the
transaction. Applications for licenses required by this section will be
evaluated as stated in the Entity List entry for the entity that is
party to the transaction, in addition to any other applicable review
policy stated elsewhere in the EAR.
    (1) Standards related activity. A license is not required for the
release of ``technology'' or ``software'' designated EAR99 or
controlled on the CCL for anti-terrorism reasons only, when such a
release is for a ``standards-related activity.'' In addition, a license
is not required for the release of the following ECCN ``items'' level
paragraphs of ``technology'' or ``software'' specifically for the
``development,'' ``production,'' or ``use'' of cryptographic
functionality when such a release is for a ``standards-related
activity:'' ``software'' that is classified under ECCN 5D002.b or
5D002.c.1 (for equipment specified in ECCN 5A002.a and 5A002.c only);
``technology'' that is classified under ECCN 5E002 (for equipment
specified in ECCN 5A002.a, .b and .c); and ``technology'' for software
controlled under ECCN 5D002.b or .c.1 (for equipment specified in ECCN
5A002.a and .c only).
    (2) Entity List Foreign-Direct Product (FDP) license requirements,
review policy, and license exceptions. You may not, without a license
or license exception, reexport, export from abroad, or transfer (in-
country) any foreign-produced item subject to the EAR pursuant to Sec.
734.9(e) of the EAR to any end user described in Sec.  734.9(e)(2) of
the EAR. All license exceptions described in part 740 of the EAR are
available for foreign-produced items that are subject to this license
requirement if all terms and conditions of the applicable license
exception are met and the restrictions in Sec.  740.2 do not apply. The
sophistication and capabilities of technology in items is a factor in
license application review; license applications for foreign-produced
items subject to a license requirement by this paragraph (a)(2) that
are capable of supporting the ``development'' or ``production'' of
telecom systems, equipment and devices below the 5G level (e.g., 4G,
3G) will be reviewed on a case-by-case basis.
    (b) Criteria for revising the Entity List. Entities for which there
is reasonable cause to believe, based on specific and articulable
facts, that the entity has been involved, is involved, or poses 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 entities may be added
to the Entity List pursuant to this section. An entity may pose a
significant risk through certain circumstances that may be outside of
its own control. Such circumstances that may place an entity at
significant risk include situations involving a sustained lack of
cooperation by a host government authority, for example, by preventing
an end-use check from being conducted, that effectively prevents BIS
from determining compliance with the EAR. This section may not be used
to place on the Entity List any party to which exports or reexports
require a license pursuant to Sec.  744.8, Sec.  744.12, Sec.  744.13,
Sec.  744.14, or Sec.  744.18. This section may not be used to place
any U.S. person, as defined in Sec.  772.1 of the EAR, on the Entity
List. Paragraphs (b)(1) through (5) of this section provide an
illustrative list of activities that could be or represent a
significant risk of being contrary to the national security or foreign
policy interests of the United States.
    (1) Supporting persons engaged in acts of terror.
    (2) Actions that could enhance the military capability of, or the
ability to support terrorism of governments that have been designated
by the Secretary of State as having repeatedly provided support for
acts of international terrorism.
    (3) Transferring, developing, servicing, repairing or producing
conventional weapons in a manner that is contrary to United States
national security or foreign policy interests or enabling such
transfer, service, repair, development, or production by supplying
parts, components, technology, or financing for such activity.
    (4) Prevention of the accomplishment of an end use check conducted
by or on behalf of BIS or the Directorate of Defense Trade Controls of
the Department of State by:
    (i) The entity precluding access to; refusing to provide
information about; or providing false or misleading information about
parties to the transaction or the item to be checked. The conduct in
this example includes: expressly refusing to permit a check; providing
false or misleading information; or engaging in dilatory or evasive
conduct that effectively prevents the check from occurring or makes the
check inaccurate or useless. A nexus between the conduct of the party
to be listed and the failure to produce a complete, accurate and useful
check is required, even though an express refusal by the party to be
listed is not required; or
    (ii) A sustained lack of cooperation by the host government to
schedule and facilitate the completion of an end-use check of entities
identified on the Unverified List pursuant to Sec.  744.15, resulting
in sufficient concern such that the End-User Review Committee believes
that prior review of exports, reexports, or transfers (in-country)
involving the entity and the possible imposition of license conditions
or license denial enhance BIS's ability to prevent violations of the
EAR.
    (5) Engaging in conduct that poses a risk of violating the EAR when
such conduct raises sufficient concern that the End-User Review
Committee believes that prior review of exports, reexports, or
transfers (in-country) involving the party and the possible imposition
of license conditions or license denial enhances BIS's ability to
prevent violations of the EAR.
    (c) Additional prohibition on persons informed by BIS. BIS may
inform persons, either individually by specific notice or through
amendment to the EAR, that a license is required for:
    (1) A specific export, reexport, or transfer (in-country) because
there is an unacceptable risk that the export, reexport, or transfer
(in-country) is intended to circumvent the license requirement imposed
on an entity listed in supplement no. 4 to this part; or
    (2) The export, reexport, or transfer (in-country) of specified
items to a certain party because there is an unacceptable risk that the
party is acting as an agent, front, or shell company for an entity
listed in supplement no. 4 to this part, or is otherwise assisting that
listed entity in circumventing the license requirement set forth in
that entity's entry in supplement no. 4 to this part; or
    (3) The export, reexport, or transfer (in-country) of specified
items to a certain party because there is reasonable

cause to believe, based on specific and articulable facts, that the
entity has been involved, is involved, or poses 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 entity. Specific notice will be given
only by, or at the direction of, the Deputy Assistant Secretary for
Export Administration. When such notice is provided orally, it will be
followed by written notice within two working days signed by the Deputy
Assistant Secretary for Export Administration or the Deputy Assistant
Secretary's designee. The specific notice will include the license
requirement, limitations on use of license exceptions, and license
application review policy with which that exporter, re-exporter, or
transferor must comply pursuant to this paragraph (c)(3). The ERC may
add such entities to the Entity List in supplement no. 4 to this part.

0
3. Supplement no. 6 to part 744 is amended by:
0
a. Revising the heading of the final column in the supplement; and
0
b. Under CHINA, PEOPLE'S REPUBLIC OF by:
0
i. Removing the entry ``Anhui Institute of Metrology;''
0
ii. Adding entries, in alphabetical order, for the following entities:
``Beijing Naura Magnetoelectric Technology Co., Ltd.;'' ``Beijing
PowerMac Company;'' ``CCIC Southern Electronic Product Testing Co.,
Ltd.;'' ``Chang Zhou Jin Tan Teng Yuan Machinery Parts Co., Ltd;''
``Chinese Academy of Geological Sciences, Institute of Mineral
Resources;'' ``Chinese Academy of Science (CAS) Institute of
Chemistry;'' ``Chongqing Optel Telecom;'' and ``Chongqing Xinyuhang
Technology Co., Ltd.;''
0
iii. Removing entry for ``Chuzhou HKC Optoelectronics Technology Co.,
Ltd.;''
0
iv. Adding entries, in alphabetical order, for the following entities:
``Dandong Nondestructive Electronics;'' ``DK Laser Company Ltd.;''
``Foshan Huaguo Optical Co., Ltd.;'' ``GRG Metrology & Test (Chongqing)
Co., Ltd.;'' ``Guangdong Dongling Carbon Tech. Co., Ltd.;'' ``Guangxi
Yuchai Machinery Co., Ltd.;'' and ``Guangzhou GRG Metrology & Test
(Beijing) Co., Ltd.;''
0
v. Removing entries for ``Hefei Anxin Reed Precision Co., Ltd.;'' and
``Hefei Institutes of Physical Science;''
0
vi. Adding an entry, in alphabetical order, for the following entity:
``Jialin Precision Optics (Shanghai) Co., Ltd.;''
0
vii. Removing the entry for ``Jiutian Intelligent Equipment Co.,
Ltd.'';
0
viii. Adding entries, in alphabetical order, for the following
entities: ``Lishui Zhengyang Electric Power Construction;'' ``Nanjing
Gova Technology Co., Ltd.;'' ``Ningbo III Lasers Technology Co.,
Ltd.;'' ``Qingdao Sci-Tech Innovation Quality Testing Co., Ltd.;'' and
``Shanghai Tech University;''
0
ix. Removing entries for ``Suzhou Gyz Electronic Technology Co., Ltd.''
and ``Suzhou Lylap Mould Technology Co., Ltd.;''
0
x. Adding entries, in alphabetical order, for the following entities:
``Suzhou Sen-Chuan Machinery Technology Co., Ltd.;'' ``Tianjin Optical
Valley Technology Co., Ltd.;'' ``University of Chinese Academy of
Sciences, School of Chemical Sciences;'' ``University of Shanghai for
Science and Technology;'' ``Vital Advanced Materials Co., Ltd.;''
``Wuhan Institute of Biological Products Co., Ltd.;'' and ``Wuhan
Juhere Photonic Tech Co., Ltd.;''
0
xi. Removing the entry ``Wuxi Biologics Co., Ltd.;''
0
xii. Adding an entry, in alphabetical order, for the following entity:
``Wuxi Hengling Technology Co., Ltd.;''
0
xii. Removing they entry for ``Wuxi Turbine Blade Co., Ltd.;'' and
0
xiv. Adding entries, in alphabetical order, for the following entities:
``Xian Zhongsheng Shengyuan Technology Co., Ltd.'' and ``Yangtze Memory
Technologies Co., Ltd.''
    The revision and additions read as follows:

Supplement No. 6 to Part 744--Unverified List

------------------------------------------------------------------------
                            Listed person and        Federal Register
        Country                  address                 citation
------------------------------------------------------------------------

                              * * * * * * *
    CHINA, PEOPLE'S
      REPUBLIC OF

                              * * * * * * *
                         Beijing Naura            87 FR [INSERT FEDERAL
                          Magnetoelectric          REGISTER PAGE NUMBER]
                          Technology Co., Ltd.,    10/13/2022
                          M4 No 1 Jiuxianqiao
                          East Road, Chaoyang
                          District, Beijing
                          100015, China.
                         Beijing PowerMac         87 FR [INSERT FEDERAL
                          Company, B-1501,         REGISTER PAGE NUMBER]
                          Calzhi International     10/13/2022
                          Building', 18
                          Zhongguancun East
                          Road, Haidian
                          District, Beijing,
                          China.

                              * * * * * * *
                         CCIC Southern            87 FR [INSERT FEDERAL
                          Electronic Product       REGISTER PAGE NUMBER]
                          Testing Co., Ltd.,       10/13/2022
                          Electronic Testing
                          Bldg. No 43 Shahe Rd
                          Xili Jiedao, Nanshan
                          District, Shenzhen,
                          China.

                              * * * * * * *
                         Chang Zhou Jin Tan Teng  87 FR [INSERT FEDERAL
                          Yuan Machinery Parts     REGISTER PAGE NUMBER]
                          Co., Ltd., 116 Huafeng   10/13/2022
                          road, Jintan Economic
                          Development Zone,
                          Changzhou China.

                              * * * * * * *
                         Chinese Academy of       87 FR [INSERT FEDERAL
                          Geological Sciences,     REGISTER PAGE NUMBER]
                          Institute of Mineral     10/13/2022
                          Resources,
                          Baiwangzhuang Main
                          Street No 26, Xicheng
                          District, Beijing
                          100037, China.
                         Chinese Academy of       87 FR [INSERT FEDERAL
                          Science (CAS)            REGISTER PAGE NUMBER]
                          Institute of             10/13/2022
                          Chemistry, 2
                          Zhongguancun North 1st
                          Street, Haidian
                          District, Beijing
                          100190, China.

                         Chongqing Optel          87 FR [INSERT FEDERAL
                          Telecom, No 1 6f         REGISTER PAGE NUMBER]
                          Building 7, No 106       10/13/2022
                          West Jinkai Avenue,
                          Yubei District,
                          Chongqing 401121,
                          China.
                         Chongqing Xinyuhang      87 FR [INSERT FEDERAL
                          Technology Co., Ltd.,    REGISTER PAGE NUMBER]
                          Shanying Workshop,       10/13/2022
                          liangjiang Avenue,
                          Longxing Town, Yubei
                          District, Chongqing
                          401135, China.

                              * * * * * * *
                         Dandong Nondestructive   87 FR [INSERT FEDERAL
                          Electronics, No 2        REGISTER PAGE NUMBER]
                          Tonghe Street Jinshan    10/13/2022
                          Industrial Park,
                          Yuanbao District
                          Dandong, Dandong
                          118000, China.

                              * * * * * * *
                         DK Laser Company Ltd.,   87 FR [INSERT FEDERAL
                          Zhuodas Jingu            REGISTER PAGE NUMBER]
                          Industrial Park #4,      10/13/2022
                          Jinlong New District,
                          Xiangyin, Hunan
                          Province, , China.

                              * * * * * * *
                         Foshan Huaguo Optical    87 FR [INSERT FEDERAL
                          Co., Ltd., No 3          REGISTER PAGE NUMBER]
                          Changhong East Road,     10/13/2022
                          Zhangcha Street,
                          Foshan City 528051,
                          China.

                              * * * * * * *
                         GRG Metrology & Test     87 FR [INSERT FEDERAL
                          (Chongqing) Co., Ltd.,   REGISTER PAGE NUMBER]
                          The 3rd floor of         10/13/2022
                          building A no 37
                          Cuitao Road, Chongqing
                          City, China.
                         Guangdong Dongling       87 FR [INSERT FEDERAL
                          Carbon Tech. Co.,        REGISTER PAGE NUMBER]
                          Ltd., #83 Shatong        10/13/2022
                          Road, Shabu County,
                          Dalang Town Dongguan
                          city, Guangdong
                          523770, China.

                              * * * * * * *
                         Guangxi Yuchai           87 FR [INSERT FEDERAL
                          Machinery Co., Ltd., 8   REGISTER PAGE NUMBER]
                          Tinqiao West rd.,        10/13/2022
                          Yulin Guanxi Province
                          537005, China.
                         Guangzhou GRG Metrology  87 FR [INSERT FEDERAL
                          & Test (Beijing) Co.,    REGISTER PAGE NUMBER]
                          Ltd., 1st-2nd floor,     10/13/2022
                          5th building, No 8
                          courtyard, No. 2
                          Street of Cold Water
                          Economic and
                          Technological
                          Development Zone,
                          Beijing, China.

                              * * * * * * *
                         Jialin Precision Optics  87 FR [INSERT FEDERAL
                          (Shanghai) Co., Ltd.,    REGISTER PAGE NUMBER]
                          Western Section Floor    10/13/2022
                          1 No 1 Dongcheng Er
                          lu, Pujiang Town
                          Minhang District,
                          Shanghai 201112, China.

                              * * * * * * *
                         Lishui Zhengyang         87 FR [INSERT FEDERAL
                          Electric Power           REGISTER PAGE NUMBER]
                          Construction, 573        10/13/2022
                          Nanshan Road Nanshan
                          Park Liandu,
                          Industrial Zone
                          Zhejiang, Lishui,
                          China.

                              * * * * * * *
                         Nanjing Gova Technology  87 FR [INSERT FEDERAL
                          Co., Ltd., No 66 Qixia   REGISTER PAGE NUMBER]
                          Avenue, Nanjing          10/13/2022
                          Economic and
                          Technological
                          Development Zone,
                          Nanjing, Jiangsu
                          Province, China.

                              * * * * * * *
                         Ningbo III Lasers        87 FR [INSERT FEDERAL
                          Technology Co., Ltd.,    REGISTER PAGE NUMBER]
                          Phase II Binjiang        10/13/2022
                          Equipment Park,
                          Fenglin Road Beilun
                          District, Ningbo City
                          315803, China.

                              * * * * * * *
                         Qingdao Sci-Tech         87 FR [INSERT FEDERAL
                          Innovation Quality       REGISTER PAGE NUMBER]
                          Testing Co., Ltd.,       10/13/2022
                          Huaye Building,
                          Lanbeizhizao
                          Gongchang, No 1 Jinye
                          Road, High-Tech Zone,
                          Qingdao, China.

                              * * * * * * *
                         ShanghaiTech             87 FR [INSERT FEDERAL
                          University, 393 Middle   REGISTER PAGE NUMBER]
                          Huaxia Rd, School of     10/13/2022
                          Phy Sci and Tech,
                          Pudong,
                          Shanghai201210, China.

                              * * * * * * *
                         Suzhou Sen-Chuan         87 FR [INSERT FEDERAL
                          Machinery Technology     REGISTER PAGE NUMBER]
                          Co., Ltd., No 3 Yantou   10/13/2022
                          Road, Huayang Village,
                          Wangting town,
                          Xiangcheng
                          DistrictSuzhou 215155,
                          China.

                              * * * * * * *
                         Tianjin Optical Valley   87 FR [INSERT FEDERAL
                          Technology Co., Ltd.,    REGISTER PAGE NUMBER]
                          5-1 2-104 Qingda Boya    10/13/2022
                          industrial Park
                          Beichen District,
                          Tianjin 30400, China.

                              * * * * * * *
                         University of Chinese    87 FR [INSERT FEDERAL
                          Academy of Sciences,     REGISTER PAGE NUMBER]
                          School of Chemical       10/13/2022
                          Sciences, # 19 (A)
                          Yuquan Road,
                          Shijingshan District,
                          Beijing 100049, China.
                         University of Shanghai   87 FR [INSERT FEDERAL
                          for Science and          REGISTER PAGE NUMBER]
                          Technology, 516          10/13/2022
                          Jungong Road, Shanghai
                          200093, China.
                         Vital Advanced           87 FR [INSERT FEDERAL
                          Materials Co., Ltd.,     REGISTER PAGE NUMBER]
                          Zone B No 27-9 BAIJIA    10/13/2022
                          Industrial Park, High
                          Tech Development Zone,
                          Guangdong Province,
                          Qingyuan 511517, China.

                              * * * * * * *
                         Wuhan Institute of       87 FR [INSERT FEDERAL
                          Biological Products      REGISTER PAGE NUMBER]
                          Co., Ltd., No 1 Golden   10/13/2022
                          Industrial Park Road,
                          Zhengdian Street,
                          Jiangxia District,
                          Wuhan City, Hubei
                          Province, 430207,
                          China.
                         Wuhan Juhere Photonic    87 FR [INSERT FEDERAL
                          Tech Co., Ltd., 2/F      REGISTER PAGE NUMBER]
                          Building 12, Guanggu     10/13/2022
                          New Power, Guanggu 2nd
                          Rd East Lake High-Tech
                          Zone, Wuhan 430200,
                          China.

                              * * * * * * *
                         Wuxi Hengling            87 FR [INSERT FEDERAL
                          Technology Co., Ltd.,    REGISTER PAGE NUMBER]
                          Bldg C1 No 999 East      10/13/2022
                          Gaolang rd Binhu
                          District, Wuxi City,
                          Jiangsu Province,
                          214131, China.

                              * * * * * * *
                         Xian Zhongsheng          87 FR [INSERT FEDERAL
                          Shengyuan Technology     REGISTER PAGE NUMBER]
                          Co., Ltd., 9 Gardens     10/13/2022
                          at 202 South Second
                          ring Rd, Lianju
                          District, Xian 710000,
                          China.

                              * * * * * * *
                         Yangtze Memory           87 FR [INSERT FEDERAL
                          Technologies Co.,        REGISTER PAGE NUMBER]
                          Ltd., No. 88 Weilai      10/13/2022
                          3rd RoadEast Lake High-
                          Tech Development Zone,
                          Wuhan Hubei 43000,
                          China.

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

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2022-21714 Filed 10-7-22; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 88, Number 175 (Tuesday, September 12, 2023)]
[Proposed Rules]
[Pages 62479-62480]
[FR Doc No: 2023-19547]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2023-1787; Airspace Docket No. 23-AGL-23]
RIN 2120-AA66

Amendment of Class E Airspace; Mount Pleasant, MI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This action proposes to amend the Class E airspace at Mount
Pleasant, MI. The FAA is proposing this action as the result of an
airspace review due to the decommissioning of the Mount Pleasant very
high frequency omnidirectional range (VOR) as part of the VOR Minimum
Operating Network (MON) Program. The geographic coordinates of the
airport would also be updated to coincide with the FAA's aeronautical
database.

DATES: Comments must be received on or before October 27, 2023.

ADDRESSES: Send comments identified by FAA Docket No. FAA-2023-1787 and
Airspace Docket No. 23-AGL-23 using any of the following methods:
    * Federal eRulemaking Portal: Go to www.regulations.gov and follow
the online instruction for sending your comments electronically.
    * Mail: Send comments to Docket Operations, M-30; U.S. Department
of Transportation, 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    * Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    * Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Docket: Background documents or comments received may be read at
www.regulations.gov at any time. Follow the online instructions for
accessing the docket or go to Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE, Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. FAA Order JO 7400.11G, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/publications/. You may also contact the Rules and
Regulations Group, Office of Policy, Federal Aviation Administration,
800 Independence Avenue SW, Washington DC 20591; telephone: (202) 267-
8783.

FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation
Administration, Operations Support Group, Central Service Center, 10101
Hillwood Parkway, Fort Worth, TX 76177; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend the Class E airspace extending upward from 700 feet
above the surface at Mount Pleasant Municipal Airport, Mount Pleasant,
MI, to support instrument flight rule (IFR) operations at this airport.

Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal. The most
helpful comments reference a specific portion of the proposal, explain
the reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should submit only one time if comments are filed electronically, or
commenters should send only one copy of written comments if comments
are filed in writing.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it received on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or dely. The FAA may change this proposal in light of
the comments it receives.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT post these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov as described in the system
of records notice (DOT/ALL-14FDMS), which can be reviewed at
www.dot.gov/privacy.

Availability of Rulemaking Documents

    An electronic copy of this document may be downloaded through the
internet at www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at
www.faa.gov/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received, and any final disposition in person in the Dockets
Office (see the ADDRESSES section for the address, phone number, and
hours of operations). An informal docket may also be examined during
normal business hours at the Federal Aviation Administration, Air
Traffic Organization, Central Service Center, Operations Support Group,
10101 Hillwood Parkway, Fort Worth, TX 76177.

Incorporation by Reference

    Class E airspace is published in paragraph 6005 of FAA Order JO
7400.11, Airspace Designations and Reporting Points, which is
incorporated by reference in 14 CFR 71.1 on an

annual basis. This document proposes to amend the current version of
that order, FAA Order JO 7400.11G, dated August 19, 2022, and effective
September 15, 2022. These updates would be published subsequently in
the next update to FAA Order JO 7400.11. That order is publicly
available as listed in the ADDRESSES section of this document.
    FAA Order JO 7400.11G lists Class A, B, C, D, and E airspace areas,
air traffic service routes, and reporting points.

The Proposal

    The FAA is proposing to amend 14 CFR part 71 by modifying the Class
E airspace extending upward from 700 feet above the surface to within a
6.6-mile (decreased from a 7-mile) radius of Mount Pleasant Municipal
Airport, Mount Pleasant, MI; and updating the geographic coordinates of
airport to coincide with the FAA's aeronautical database.
    This action is the result of an airspace review due to the
decommissioning of the Mount Pleasant VOR, which provided navigation
information to this airport, as part of the VOR MON Program, and to
support IFR operations at this airport.

Regulatory Notices and Analyses

    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this proposed rule, when promulgated, will not have a
significant economic impact on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act.

Environmental Review

    This proposal will be subject to an environmental analysis in
accordance with FAA Order 1050.1F, ``Environmental Impacts: Policies
and Procedures'' prior to any FAA final regulatory action.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO
7400.11G, Airspace Designations and Reporting Points, dated August 19,
2022, and effective September 15, 2022, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AGL MI E5 Mount Pleasant, MI [Amended]

Mount Pleasant Municipal Airport, MI
    (Lat 43[deg]37'18'' N, long 84[deg]44'14'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.6-mile radius of Mount Pleasant Municipal Airport.
* * * * *

    Issued in Fort Worth, Texas, on September 6, 2023.
Martin A. Skinner,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2023-19547 Filed 9-11-23; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 80, Number 68 (Thursday, April 9, 2015)]
[Notices]
[Page 19099]
[FR Doc No: 2015-08261]

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

SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of AuraSound, Inc., C2C CrowdFunding, Inc.,
Convenience TV Inc., Global Security Agency Inc., and NewMarket
Technology, Inc., Order of Suspension of Trading

April 7, 2015.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
AuraSound, Inc. because it has not filed any periodic reports since the
period ended December 31, 2011.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
C2C CrowdFunding, Inc. because it has not filed any periodic reports
since the period ended September 30, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Convenience TV Inc. because it has not filed any periodic reports since
the period ended September 30, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Global Security Agency Inc. because it has not filed any periodic
reports since the period ended September 30, 2012.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
NewMarket Technology, Inc. because it has not filed any periodic
reports since the period ended June 30, 2011.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies. Therefore, it is ordered,
pursuant to Section 12(k) of the Securities Exchange Act of 1934, that
trading in the securities of the above-listed companies is suspended
for the period from 9:30 a.m. EDT on April 7, 2015, through 11:59 p.m.
EDT on April 20, 2015.

    By the Commission.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-08261 Filed 4-7-15; 4:15 pm]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 212 (Friday, November 3, 2017)]
[Proposed Rules]
[Pages 51178-51180]
[FR Doc No: 2017-23896]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2017-0404; FRL-9970-32-Region 9]

Approval of California Air Plan Revisions, Northern Sierra Air
Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is proposing to
approve a revision to the Northern Sierra Air Quality Management
District (NSAQMD) portion of the California State Implementation Plan
(SIP). This revision concerns emissions of particulate matter (PM) from
wood burning devices. We are proposing to approve a local rule to
regulate these emission sources under the Clean Air Act (CAA or the
Act). We are taking comments on this proposal and plan to follow with a
final action.

DATES: Any comments must arrive by December 4, 2017.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R09-
OAR-2017-0404 at http://www.regulations.gov, or via email to Christine
Vineyard, Rulemaking Office at [email protected]. For comments
submitted at Regulations.gov, follow the online instructions for
submitting comments. Once submitted, comments cannot be removed or
edited from Regulations.gov. For either manner of submission, the EPA
may publish any comment received to its public docket. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. Multimedia submissions (audio, video, etc.) must be
accompanied by a written comment. The written comment is considered the
official comment and should include discussion of all points you wish
to make. The EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). For additional submission
methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, EPA Region IX,
(415) 947-4125, [email protected]

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to the EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule?
II. The EPA's Evaluation and Action
    A. How is the EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA Recommendations To Further Improve the Rule
    D. Public Comment and Proposed Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. The State's Submittal

A. What rule did the State submit?

    Table 1 describes the ordinance addressed by this proposal with the
date that it was adopted by the City of Portola. NSAQMD submitted the
ordinance to the California Air Resources Board (CARB). CARB then
submitted the ordinance to the EPA for approval into the NSAQMD's
portion of the California SIP on the date described below.

                                                                 Table 1--Submitted Rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Local agency                                  Rule No.                              Rule title                 Adopted        Submitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
NSAQMD, City of Portola..................  Ordinance No. 344, Municipal Code Chapter    Wood Stove and Fireplace                06/22/16        01/24/17
                                            15.10 (except paragraphs 15.10.060(B),       Ordinance.
                                            15.10.090 and 15.10.100).
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On April 17, 2017, the EPA determined that the submittal for City
of Portola Ordinance 344 met the completeness criteria in 40 CFR part
51 Appendix V, which must be met before formal EPA review.

B. Are there other versions of this rule?

    There are no previous versions of Ordinance 344 in the SIP.

C. What is the purpose of the submitted rule?

    PM, including PM equal to or less than 2.5 microns in diameter
(PM2.5) and PM equal to or less than 10 microns in diameter
(PM10), contributes to effects that are harmful to human
health and the environment, including premature mortality, aggravation
of respiratory and cardiovascular disease, decreased lung function,
visibility impairment, and damage to vegetation and ecosystems. Section
110(a) of the CAA requires states to submit regulations that control PM
emissions. Ordinance 344 controls PM emissions by establishing
requirements for new and existing wood burning devices, permitted
fuels, mandatory curtailment during stagnant conditions, and
educational materials. The EPA's technical support document (TSD) has
more information about this rule.

II. The EPA's Evaluation and Action

A. How is the EPA evaluating the rule?

    SIP rules must be enforceable (see CAA section 110(a)(2)), must not
interfere with applicable requirements concerning attainment and
reasonable further progress or other CAA requirements (see CAA section
110(l)), and must not modify certain SIP control requirements in
nonattainment areas without ensuring equivalent or greater emissions
reductions (see CAA section 193).
    Generally, SIP rules must implement Reasonably Available Control
Measures (RACM), including Reasonably Available Control Technology
(RACT), and additional reasonable measures in moderate PM2.5
nonattainment areas (see CAA sections 172(c)(1) and 189(a)(1)(C) and 40
CFR 51.1009). The NSAQMD regulates a PM2.5 nonattainment
area classified as moderate for the 2012 annual PM2.5
Standard (40 CFR 81.305). A RACM evaluation is generally performed by
the State and reviewed by the EPA in the context of a broader plan. The
EPA will address the overall RACM and additional reasonable measures
requirements at a later date when we act on the Portola
PM2.5 attainment plan submitted by CARB to the EPA on
February 28, 2017. In this action, we evaluate whether Rule 344
implements RACM and additional reasonable measures for wood burning
devices specifically.
    Guidance and policy documents that we use to evaluate
enforceability and revision/relaxation requirements include the
following:
    1. ``State Implementation Plans; General Preamble for the
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
    2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook, revised January 11,
1990).
    3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Does the rule meet the evaluation criteria?

    This rule is consistent with CAA requirements and relevant guidance
regarding enforceability and SIP revisions. The rule implements RACM/
RACT and additional reasonable measures for wood burning devices. The
TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rule

    The TSD describes additional rule revisions that we recommend for
the next time the local agency modifies the rule.

D. Public Comment and Proposed Action

    As authorized in section 110(k)(3) of the Act, the EPA proposes to
fully approve the submitted rule because we believe it fulfills all
relevant requirements. We will accept comments from the public on this
proposal until December 4, 2017. If we take final action to approve the
submitted rule, our final action will incorporate this rule into the
federally enforceable SIP.

III. Incorporation by Reference

    In this rule, the EPA is proposing to include in a final EPA rule
regulatory text that includes incorporation by reference. In accordance
with requirements of 1 CFR 51.5, the EPA is proposing to incorporate by
reference the City of Portola ordinance described in Table 1 of this
preamble. The EPA has made, and will continue to make, these materials
available through www.regulations.gov and at the EPA Region IX Office
(please contact the person identified in the FOR FURTHER

INFORMATION CONTACT section of this preamble for more information).

IV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, the EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
proposed action merely proposes to approve state law as meeting federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this proposed action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Is not an Executive Order 13771 (82 FR 9339, February 2,
2017) regulatory action because SIP approvals are exempted under
Executive Order 12866;
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide the EPA with the discretionary authority
to address disproportionate human health or environmental effects with
practical, appropriate, and legally permissible methods under Executive
Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where the EPA or an Indian tribe
has demonstrated that a tribe has jurisdiction. In those areas of
Indian country, the rule does not have tribal implications and will not
impose substantial direct costs on tribal governments or preempt tribal
law as specified by Executive Order 13175 (65 FR 67249, November 9,
2000).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Particulate matter, Reporting
and recordkeeping requirements.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: October 19, 2017.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2017-23896 Filed 11-2-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: August 20, 2010 (Volume 75, Number 161)]
[Notices]
[Page 51457-51458]
[DOCID:fr20au10-43]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AC10-146-000]

Delaware Pipeline Company LLC; Notice of Filing

August 13, 2010.
    Take notice that on July 13, 2010, Delaware Pipeline Company LLC
(DPC) submitted a request for waiver of the requirement to file the
FERC Form No. 6-Q for the second quarter of 2010.
    On June 1, 2010, DPC acquired oil pipeline assets associated with
an idled refinery in Delaware City, Delaware from The Premcor Refining
Group, Inc., a subsidiary of Valero Energy Corporation. For the thirty
days in June 2010 during which the pipeline was under DPC's ownership,
the pipeline was not in operation and DPC had no revenue. The pipeline
is currently in standby mode while the refinery, which is the origin
for products shipped on the pipeline, is shutdown for a complete
turnaround until early next year, and the pipeline also undergoes
checks of certain operational systems.
    On July 1, 2010, Delaware Pipeline Company adopted the tariffs of
The Premcor Pipeline Co. (``Premcor'') including FERC Nos. 2.0, 3.0 and
4.0 in their entirety. FERC Nos. 2.0.0, 3.0.0, and 4.0.0 implement a
change in ownership effective June 1, 2010 of the pipeline facilities
used to perform the services stated in the Premcor tariffs that are
being adopted and brought forward under DPC's name. DPC is adopting
these tariffs to reflect its purchase of the Premcor pipeline system
associated with the Delaware City Refinery, located in New Castle
County, Delaware, which originates at the Delaware City Refinery and
extends to Sunoco Pipeline L.P.'s Twin Oaks Pump Station, located in
Delaware County, Pennsylvania.
    Since DPC had no operations during the 30-day period in June, it
requests waiver of the quarter 2 6-Q reporting requirement of 18 CFR
357.4.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211 or 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date. On or
before the comment date, it is not necessary to serve motions to
intervene or protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://
www.ferc.gov. Persons unable to file electronically should submit an
original and 14 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Comment Date: August 31, 2010.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-20651 Filed 8-19-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 63 (Wednesday, April 1, 2020)]
[Notices]
[Pages 18221-18222]
[FR Doc No: 2020-06763]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP20-53-000]

National Fuel Gas Supply Corporation; Notice of Intent To Prepare
an Environmental Assessment for the Amendment to West Side Expansion
and Modernization Project and Request for Comments on Environmental
Issues

    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) will prepare an environmental assessment (EA) that will
discuss the environmental impacts of the Amendment to West Side
Expansion and Modernization Project (Project). The EA will discuss
facilities that would be operated by National Fuel Gas Supply
Corporation (National Fuel) located in Mercer County, Pennsylvania. The
Commission will use this EA in its decision-making process to determine
whether the project is in the public convenience and necessity.
    This notice announces the opening of the scoping process the
Commission will use to gather input from the public and interested
agencies about issues regarding the project. The National Environmental
Policy Act (NEPA) requires the Commission to take into account the
environmental impacts that could result from its action whenever it
considers the issuance of a Certificate of Public Convenience and
Necessity (Certificate). NEPA also requires the Commission to discover
concerns the public may have about proposals. This process is referred
to as scoping. The main goal of the scoping process is to focus the
analysis in the EA on the important environmental issues. By this
notice, the Commission requests public comments on the scope of the
issues to address in the EA. To ensure that your comments are timely
and properly recorded, please submit your comments so that the
Commission receives them in Washington, DC on or before 5:00 p.m.
Eastern Time on April 27, 2020.
    You can make a difference by submitting your specific comments or
concerns regarding the project. Your comments should focus on the
potential environmental effects, reasonable alternatives, and measures
to avoid or lessen environmental impacts. Your input will help the
Commission staff determine what issues they need to evaluate in the EA.
Commission staff will consider all filed comments during the
preparation of the EA.
    If you sent comments on this project to the Commission before the
opening of this docket on February 18, 2020, you will need to file
those comments in Docket No. CP20-53-000 to ensure they are considered
as part of this proceeding.
    This notice is being sent to the Commission's current environmental
mailing list for this project. State and local government
representatives should notify their constituents of this proposed
project and encourage them to comment on their areas of concern.
    National Fuel provided landowners with a fact sheet prepared by the
FERC entitled An Interstate Natural Gas Facility On My Land? What Do I
Need To Know? This fact sheet addresses a number of typically asked
questions, including the use of eminent domain and how to participate
in the Commission's proceedings. It is also available for viewing on
the FERC website (www.ferc.gov) at https://www.ferc.gov/resources/guides/gas/gas.pdf.

Public Participation

    The Commission offers a free service called eSubscription which
makes it easy to stay informed of all issuances and submittals
regarding the dockets/projects to which you subscribe. These instant
email notifications are the fastest way to receive notification and
provide a link to the document files which can reduce the amount of
time you spend researching proceedings. To sign up go to www.ferc.gov/docs-filing/esubscription.asp.
    For your convenience, there are three methods you can use to submit
your comments to the Commission. The Commission encourages electronic
filing of comments and has staff available to assist you at (866) 208-
3676 or<EMAIL_ADDRESS>Please carefully follow these
instructions so that your comments are properly recorded.
    (1) You can file your comments electronically using the eComment
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. Using eComment is an easy
method for submitting brief, text-only comments on a project;
    (2) You can file your comments electronically by using the eFiling
feature, which is located on the Commission's website (www.ferc.gov)
under the link to Documents and Filings. With eFiling, you can provide
comments in a variety of formats by attaching them as a file with your
submission. New eFiling users must first create an account by clicking
on eRegister.
    (3) You will be asked to select the type of filing you are making;
a comment on a particular project is considered a Comment on a Filing;
or
    (4) You can file a paper copy of your comments by mailing them to
the following address. Be sure to reference the project docket number
(CP20-53-000) with your submission: Kimberly D. Bose, Secretary,
Federal Energy Regulatory Commission, 888 First Street NE, Room 1A,
Washington, DC 20426.

Summary of the Proposed Project

    National Fuel is requesting the Certificate for the West Side
Expansion Modernization (WSEM) Project issued on March 2, 2015, in
Docket No. CP14-70-000 be amended. As part of the West Side Expansion
Modernization (WSEM) Project, National Fuel received authorization to
designate 1,775 horse power (HP) of compression out of 7,100 HP at the
Mercer Compressor Station (CS) as spare compression to ensure National
Fuel's ability to meet system pressure requirements and to perform
routine and other maintenance when the system is operating at a high
load factor. In its Certificate Order, the Commission conditioned the
authorization of the ``spare'' compression stating that ``National Fuel
cannot, without grant of additional certificate authorization, use any
of the spare compression to satisfy intermittent demand for
interruptible or secondary firm service or requests for short-term firm
service during scheduled maintenance intervals.''
    National Fuel is now seeking authorization to remove the spare
designation from the 1,775 HP of compression at its Mercer CS to
accommodate a subscribing shipper's request to direct a portion of its
firm transportation capacity to a different primary delivery point.
    The general location of the Mercer CS is shown in appendix 1.\1\
---------------------------------------------------------------------------

    \1\ The appendices referenced in this notice will not appear in
the Federal Register. Copies of appendices were sent to all those
receiving this notice in the mail and are available at www.ferc.gov
using the link called eLibrary or from the Commission's Public
Reference Room, 888 First Street NE, Washington, DC 20426, or call
(202) 502-8371. For instructions on connecting to eLibrary, refer to
the last page of this notice.
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Land Requirements for Construction

    The reclassification of the Mercer CS spare compression would not
require the use of any new lands. No construction would be required and
no areas outside the compressor building would be disturbed.

The EA Process

    As stated above, the reclassification of the spare HP at the Mercer
CS would occur within the existing compressor building and would not
involve any land disturbance. The EA will discuss impacts that could
occur as a result of the construction and operation of the proposed
project.
    Commission staff will also evaluate reasonable alternatives to the
proposed project or portions of the project and make recommendations on
how to lessen or avoid impacts on the various resource areas.
    The EA will present Commission staffs' independent analysis of the
issues. The EA will be available in electronic format in the public
record through eLibrary \2\ and the Commission's website (https://www.ferc.gov/industries/gas/enviro/eis.asp). If eSubscribed, you will
receive instant email notification when the EA is issued. The EA may be
issued for an allotted public comment period. Commission staff will
consider all comments on the EA before making recommendations to the
Commission. To ensure Commission staff have the opportunity to address
your comments, please carefully follow the instructions in the Public
Participation section, beginning on page 2.
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    \2\ For instructions on connecting to eLibrary, refer to the
last page of this notice.
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    With this notice, the Commission is asking agencies with
jurisdiction by law and/or special expertise with respect to the
environmental issues of this project to formally cooperate in the
preparation of the EA.\3\ Agencies that would like to request
cooperating agency status should follow the instructions for filing
comments provided under the Public Participation section of this
notice.
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    \3\ The Council on Environmental Quality regulations addressing
cooperating agency responsibilities are at Title 40, Code of Federal
Regulations, Part 1501.6.
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Consultation Under Section 106 of the National Historic Preservation
Act

    In accordance with the Advisory Council on Historic Preservation's
implementing regulations for section 106 of the National Historic
Preservation Act, the Commission is using this notice to initiate
consultation with the Pennsylvania State Historic Preservation Office,
and to solicit their views and those of other government agencies,
interested Indian tribes, and the public on the project's potential
effects on historic properties.\4\
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    \4\ The Advisory Council on Historic Preservation's regulations
are at Title 36, Code of Federal Regulations, part 800. Those
regulations define historic properties as any prehistoric or
historic district, site, building, structure, or object included in
or eligible for inclusion in the National Register of Historic
Places.
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    The EA for this project will document findings on the impacts on
historic properties and summarize the status of consultations under
section 106.

Currently Identified Environmental Issues

    Commission staff has not identified any environmental concerns with
the proposal at this time but will use your comments to determine if
any exist. This will inform our analysis in the EA.

Environmental Mailing List

    The environmental mailing list includes federal, state, and local
government representatives and agencies; elected officials;
environmental and public interest groups; Native American Tribes; other
interested parties; and local libraries and newspapers. This list also
includes all affected landowners (as defined in the Commission's
regulations) who are potential right-of-way grantors, and anyone who
submits comments on the project. Commission staff will update the
environmental mailing list as the analysis proceeds to ensure that
Commission notices related to this environmental review are sent to all
individuals, organizations, and government entities interested in and/
or potentially affected by the planned project.
    If the Commission issues the EA for an allotted public comment
period, a Notice of Availability of the EA will be sent to the
environmental mailing list and will provide instructions to access the
electronic document on the FERC's website (www.ferc.gov). If you need
to make changes to your name/address, or if you would like to remove
your name from the mailing list, please return the attached ``Mailing
List Update Form'' (appendix 2).

Additional Information

    Additional information about the project is available from the
Commission's Office of External Affairs, at (866) 208-FERC, or on the
FERC website at www.ferc.gov using the eLibrary link. Click on the
eLibrary link, click on General Search and enter the docket number in
the Docket Number field, excluding the last three digits (i.e., CP20-
53). Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or<PHONE_NUMBER>, or for TTY, contact (202)
502-8659. The eLibrary link also provides access to the texts of all
formal documents issued by the Commission, such as orders, notices, and
rulemakings.
    Public sessions or site visits will be posted on the Commission's
calendar located at www.ferc.gov/EventCalendar/EventsList.aspx along
with other related information.

    Dated: March 26, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-06763 Filed 3-31-20; 8:45 am]
 BILLING CODE 6717-01-P