Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80131 

present information regarding any change 

that may be relevant to the threat the 

company could pose to financial stability. In 

addition, during an annual reevaluation, the 

company may submit any written 

information to the Council the company 

deems relevant to the Council’s analysis. 

During annual reevaluations, a company is 

encouraged to submit information regarding 

any changes related to the company’s risk 

profile that mitigate the potential risks 

previously identified by the Council. Such 

changes could include updates regarding 

company restructurings, regulatory 

developments, market changes, or other 

factors. If the company or its regulators have 

taken steps to address the potential risks 

previously identified by the Council, the 

Council will assess whether the risks have 

been adequately mitigated to merit a 

rescission of the determination regarding the 

company. If the company explains in detail 

and in a timely manner potential changes it 

could make to its business to address the 

potential risks previously identified by the 

Council, representatives of the Council will 

endeavor to provide their feedback on the 

extent to which those changes may address 

the potential risks. 

If a company contests the Council’s 

determination during the Council’s annual 

reevaluation, the Council will vote on 

whether to rescind the determination and 

provide the company, its primary financial 

regulatory agency or home country 

supervisor, and the primary financial 

regulatory agency of its significant 

subsidiaries with a notice explaining the 

primary basis for any decision not to rescind 

the determination. If the Council does not 

rescind the determination, the written notice 

provided to the company will address the 

most material factors raised by the company 

in its submissions to the Council contesting 

the determination during the annual 

reevaluation. The written notice from the 

Council will also explain why the Council 

did not find that the company no longer met 

the standard for a determination under 

section 113 of the Dodd-Frank Act. In 

general, due to the sensitive, companyspecific nature of its analyses in annual 

reevaluations, the Council generally would 

not publicly release the written findings that 

it provides to the company, although the 

Council does not expect to restrict a 

company’s ability to disclose such 

information. 

Finally, the Council will provide each 

nonbank financial company subject to a 

Council determination an opportunity for an 

oral hearing before the Council once every 

five years at which the company can contest 

the determination. 

Nellie Liang 

Under Secretary for Domestic Finance. 

[FR Doc. 2023–25053 Filed 11–16–23; 8:45 am] 

BILLING CODE 4810–AK–P–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 231114–0268] 

RIN 0694–AJ47 

Entity List Removal 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) by removing one entity under the 

destination of the People’s Republic of 

China (China). 

DATES: This rule is effective November 

16, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary for 

Export Administration, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–5991, 

Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (supplement no. 4 to 

part 744 of the EAR (15 CFR parts 730– 

774)) identifies entities for which there 

is reasonable cause to believe, based on 

specific and articulable facts, that the 

entities have been involved, are 

involved, or pose a significant risk of 

being or becoming involved in activities 

contrary to the national security or 

foreign policy interests of the United 

States, pursuant to § 744.11(b). The EAR 

impose additional license requirements 

on, and limit the availability of, most 

license exceptions for exports, 

reexports, and transfers (in-country) 

when a listed entity is a party to the 

transaction. 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 document that added the entity 

to the Entity List. The Bureau of 

Industry and Security (BIS) places 

entities on the Entity List pursuant to 

parts 744 (Control Policy: End-User and 

End-Use Based) and 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. 

Entity List Decisions 

Removal From the Entity List 

The ERC determined to remove the 

Ministry of Public Security’s Institute of 

Forensic Science of China from the 

Entity List pursuant to a removal 

proposal and review that the ERC 

conducted in accordance with 

procedures described in supplement no. 

5 to part 744 of the EAR. Prior to 

removal from the Entity List by this 

rule, the Ministry of Public Security’s 

Institute of Forensic Science of China 

was listed under the destination of 

China. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (50 U.S.C. 4801–4852). ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

1. This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to or be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves an information collection 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System. BIS 

does not anticipate a change to the 

burden hours associated with this 

collection as a result of this rule. 

Information regarding the collection, 

including all supporting materials, can 

be accessed at https://www.reginfo.gov/ 

public/do/PRAMain. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018, this 

action is exempt from the 

Administrative Procedure Act (5 U.S.C. 


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80132 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

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—CONTROL POLICY: ENDUSER AND END-USE BASED 

■ 1. The authority citation for 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 November 8, 2022, 

87 FR 68015, 3 CFR, 2022 Comp., p. 563; 

Notice of September 7, 2023, 88 FR 62439 

(September 11, 2023). 

■ 2. Supplement no. 4 is amended by 

removing the entry for ‘‘Ministry of 

Public Security’s Institute of Forensic 

Science of China’’ under CHINA, 

PEOPLE’S REPUBLIC OF. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–25557 Filed 11–16–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0052] 

RIN 1625–AA00 

Safety Zone; Hurricanes, Tropical 

Storms, and Other Storms With High 

Winds; Captain of the Port Zone Sector 

North Carolina 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone to be enforced 

in the event of hurricanes and tropical 

storms in the Sector North Carolina 

Captain of the Port (COTP) Zone. This 

action is necessary to ensure the safety 

of the waters of the Sector North 

Carolina COTP Zone. This rule 

establishes actions to be completed by 

industry and vessels in the COTP Zone 

prior to landfall of hurricanes and 

tropical storms threatening the State of 

North Carolina. 

DATES: This rule is effective December 

18, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0052 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email Petty Officer Ken Farah, 

Waterways Management Division, U.S. 

Coast Guard; telephone 910–772–2221, 

email ncmarineevents@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

North Carolina has the potential to be 

affected by hurricanes and tropical 

storms on a yearly basis, especially 

between the months of June and 

November. The Sector North Carolina 

Captain of the Port (COTP) proposed 

establishing a safety zone to provide for 

the safety of life and for the protection 

of port infrastructure and of the 

environment during such storms. In 

response, on July 14, 2023, the Coast 

Guard published a notice of proposed 

rulemaking (NPRM) titled ‘‘Safety Zone; 

Hurricanes and Tropical Storms in 

Captain of the Port Zone North 

Carolina’’ (88 FR 45123). There we 

stated why we issued the NPRM and 

invited comments on our proposed 

regulatory action related to this safety 

zone. During the comment period that 

ended August 14, 2023, we received no 

comments. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

COTP of Sector North Carolina has 

determined that the establishment of a 

safety zone to be enforced in case of 

hurricanes and heavy weather in North 

Carolina is necessary to ensure the 

safety of the waters of the COTP Zone 

Sector North Carolina. This safety zone 

establishes actions to be completed by 

local industry and vessels in the COTP 

zone prior to landfall of hurricanes and 

heavy weather threatening the State of 

North Carolina. The safety zone consists 

of all navigable waters of the United 

States in the Sector North Carolina 

COTP Zone, as defined in 33 CFR 3.25– 

20. Portions of the safety zone may be 

activated at different times, as 

conditions dictate. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received no 

comments on our NPRM published July 

14, 2023. While there were no 

comments to the proposed rule, the 

following change was made to this rule. 

The name of the rule was changed to 

‘‘Safety Zone; Hurricanes and Heavy 

Weather in Captain of the Port Zone 

Sector North Carolina’’ in order to 

harmonize this to similar rules within 

U.S. Coast Guard District 5. There are no 

changes in the regulatory text of this 

rule from the proposed rule in the 

NPRM. 

This action is necessary to ensure the 

safety of the waters of the COTP Zone 

Sector North Carolina as it establishes 

actions to be completed by local 

industry and vessels in the COTP zone 

prior to landfall of hurricanes and 

tropical storms threatening the State of 

North Carolina. This safety zone 

consists of all navigable waters of the 

United States in the Sector North 

Carolina COTP Zone, as defined in 33 

CFR 3.25–20. Portions of the safety zone 

may be activated at different times, as 

conditions dictate. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 


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