Additions and Revisions to the List of Approved End-Users and Respective Eligible Items for the People's Republic of China (PRC) Under Authorization Validated End-User (VEU), 19382-19385 [E9-9817]
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Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Rules and Regulations
once in the last 3 years and prior to the
planting of the potatoes or root crops;
(ii) Pale cyst nematode has not been
found in the field; and
(iii) No more than one pale cyst
nematode host crop, as listed in
§ 301.86–2(b), has been grown in the
field in the last 3 years.
Done in Washington, DC, this 23rd day of
April 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–9724 Filed 4–28–09; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 090415662–9687–01]
RIN 0694–AE61
Additions and Revisions to the List of
Approved End-Users and Respective
Eligible Items for the People’s
Republic of China (PRC) Under
Authorization Validated End-User
(VEU)
tjames on PRODPC75 with RULES
AGENCY: Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
SUMMARY: In this final rule, the Bureau
of Industry and Security (BIS) amends
the Export Administration Regulations
(EAR) to add a name to the list of endusers for the People’s Republic of China
(PRC) approved to receive exports,
reexports and transfers of certain items
under Authorization Validated EndUser (VEU). This rule also amends the
EAR to add and revise eligible items and
destinations for existing VEU
authorizations. Specifically, this rule
amends the EAR to authorize one
additional VEU and identify its
respective eligible items for export and
reexport to the PRC. This rule also
amends the authorizations of two preexisting VEUs in the PRC. Finally, this
rule makes a modification to the listed
name of an existing VEU in the PRC. In
a final rule published in the Federal
Register on June 19, 2007, BIS revised
and clarified U.S. export control policy
for the PRC, establishing Authorization
VEU and identifying the PRC as the
initial eligible destination. In a final rule
published in the Federal Register on
October 19, 2007, BIS published the
names of the first five validated endusers in the PRC that were approved to
receive certain specified items under
Authorization VEU.
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DATES: This rule is effective April 29,
2009. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AE61
(VEUPRCADE), by any of the following
methods:
E-mail: publiccomments@bis.doc.gov.
Include ‘‘RIN 0694–AE61
(VEUPRCADE)’’ in the subject line of
the message.
Fax: (202) 482–3355. Please alert the
Regulatory Policy Division, by calling
(202) 482–2440, if you are faxing
comments.
Mail or Hand Delivery/Courier: Sheila
Quarterman, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th Street & Pennsylvania Avenue,
NW., Room 2705, Washington, DC
20230, Attn: RIN 0694–AE61
(VEUPRCADE).
Send comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden to Jasmeet Seehra,
Office of Management and Budget
(OMB), by e-mail to
jseehra@omb.eop.gov or by fax to (202)
395–7285. Comments on this collection
of information should be submitted
separately from comments on the final
rule (i.e., RIN 0694–AE61
(VEUPRCADE))—all comments on the
latter should be submitted by one of the
three methods outlined above.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chairman, End-User
Review Committee, Bureau of Industry
and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania
Avenue, NW., Washington, DC 20230;
by telephone (202) 482–3811, or by email to kniesv@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
(VEU): Additions and Modifications to
the List of Approved End-Users, Eligible
Items and Destinations
Consistent with U.S. Government
policy to facilitate trade for civilian endusers in the PRC, BIS amended the EAR
in a final rule on June 19, 2007 (72 FR
33646) by creating a new authorization
for ‘‘validated end-users’’ (VEUs)
located in eligible destinations to which
eligible items (commodities, software
and technology, except those controlled
for missile technology or crime control
reasons) may be exported, reexported or
transferred under a general
authorization instead of a license, in
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conformance with Section 748.15 of the
EAR.
Authorization VEU is a mechanism to
facilitate increased high-technology
exports to companies in the PRC and
India that have a record of using such
items responsibly. VEUs may obtain
eligible items that are on the Commerce
Control List without having to wait for
their suppliers to obtain export licenses
from BIS. A wide range of items are
eligible for shipment under
Authorization VEU. In addition to U.S.
exporters, Authorization VEU may be
used by foreign reexporters, and does
not have an expiration date.
Additional VEUs in the PRC and Their
Respective ‘‘Eligible Items (By ECCN)’’
and ‘‘Eligible Destinations’’
This final rule amends Supplement
No. 7 to Part 748 of the EAR to identify
an additional company with eligible
facilities in the PRC as a VEU and to
identify the items that may be exported,
reexported or transferred to it under
Authorization VEU. This new entry is
for Aviza Technology China. It lists
Export Control Classification Numbers
(ECCNs) 2B230, 3B001.c.1.a and
3B001.e under ‘‘Eligible Items (By
ECCN),’’ and includes the following
facility names and addresses under
‘‘Eligible Destination:’’
Aviza Technology China, Room B–1501,
No. 188, Tomson Center, Zhang Yang
Road, Shanghai, China 200122.
Aviza Technology China, Room 612,
International Business Center, No. 18,
Hong Da North Road, Beijing
Economics and Technology
Development Area, Beijing, China.
Beijing Bonded: CIES, Electronics
Building, A23, Fuxing Road, Beijing,
China 100036.
Shanghai Bonded: SLC, Shanghai
Industrial-Wailianfa International
Logistics Co., Ltd., Address: 13F
Waigaoqiao Building, 889 Yang Gao
Road(N), Pudong, Shanghai, China.
HMG Logistics (Chengdu) Co., Ltd.,
Floor 1, No. 5 Standard Warehouse,
EPZ (West Area), Chengdu, China
611731.
Modifications to Existing VEU
Authorizations
This final rule also amends
Supplement No. 7 to Part 748 of the
EAR to implement requests received
from existing VEUs for modifications in
their authorizations to include
additional eligible items and additional
destinations, and to list a change of
name for an existing VEU. Specifically,
this rule makes the following
amendments to Supplement No. 7 to
Part 748:
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(1) The authorization for Applied
Materials China, Ltd. now also includes
ECCN 2B006.b.1.a under ‘‘Eligible Items
(By ECCN)’’ and the following facility
name and address under ‘‘Eligible
Destination:’’ Applied Materials (Xi’an
Ltd.), No. 28 Xin Xi Ave., Xi’an High
Tech Park, Export Processing Zone,
Xi’an Shanxi, China 710075.
(2) Based upon notification from
existing VEU BHA Aerocomposite Parts
Co., Ltd. that the company’s name has
legally been changed, the name ‘‘BHA
Aerocomposite Parts Co., Ltd.’’ shown
in Supplement No. 7 to Part 748 of the
EAR prior to this rule has been changed
to ‘‘Boeing Tianjin Composites Co.
Ltd.,’’ under both the ‘‘Validated EndUser’’ and ‘‘Eligible Destination’’
columns. Further, the authorization for
Boeing Tianjin Composites Co. Ltd.,
formerly BHA Aerocomposite Parts Co.,
Ltd., now also includes ECCN 2B001.b.2
(limited to machine tools with
accuracies no better than (i.e., less than)
13 microns), and replaces ECCN
2B001.e.1.a. with 2B001.e. under
‘‘Eligible Items (By ECCN).’’ ECCN
2B001.e. encompasses all parameters of
its subparagraphs.
With the publication of this final rule,
the total number of VEUs in the PRC is
six and the total number of eligible
facilities is twenty. The VEUs listed in
Supplement No. 7 to Part 748 were
reviewed and approved by the U.S.
Government in accordance with the
provisions of Section 748.15 and
Supplement Nos. 8 and 9 to Part 748 of
the EAR.
Approving this new end-user as a
VEU is expected to further facilitate
exports to civil end-users in the PRC.
Approval of this company also
represents a significant savings of time
for suppliers and end-users.
Authorization VEU will eliminate the
burden on exporters and reexporters of
preparing license applications and on
BIS for processing such applications, as
exports and reexports will be made
under general authorization instead of
under license. This savings will enable
exporters and reexporters to supply
VEUs much more quickly, thus
enhancing the competitiveness of the
exporters, reexporters, and end-users in
the PRC.
To ensure appropriate facilitation of
exports and reexports, on-site reviews of
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the VEUs may be warranted pursuant to
paragraph 748.15(a)(2) and Section 7(iv)
of Supplement No. 8 to Part 748 of the
EAR. If such reviews are warranted, BIS
will inform the PRC Ministry of
Commerce.
Since August 21, 2001, the Export
Administration Act has been in lapse
and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR,
2001 Comp., p. 783 (2002)), as extended
most recently by the Notice of July 23,
2008 (73 FR 43603, July 25, 2008), has
continued the EAR in effect under the
International Emergency Economic
Powers Act. BIS continues to carry out
the provisions of the Act, as appropriate
and to the extent permitted by law,
pursuant to Executive Order 13222.
Rulemaking Requirements
1. This final rule has been determined
to be not significant for the purposes of
Executive Order 12866.
2. Notwithstanding any other
provisions of law, no person is required
to respond to nor be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act 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 rule
involves collections previously
approved by the OMB under control
number 0694–0088, ‘‘Multi-Purpose
Application,’’ which carries a burden
hour estimate of 58 minutes to prepare
and submit form BIS–748; and for
recordkeeping, reporting and review
requirements in connection with
Authorization Validated End-User,
which carries an estimated burden of 30
minutes per submission. This rule is
expected to result in a decrease in
license applications submitted to BIS.
Total burden hours associated with the
Paperwork Reduction Act and Office of
Management and Budget control
number 00694–0088 are not expected to
increase significantly as a result of this
rule.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The provisions of the
Administrative Procedure Act requiring
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notice of proposed rulemaking, the
opportunity for public participation,
and a delay in effective date, are
inapplicable because this regulation
involves a military and foreign affairs
function of the United States (5 U.S.C.
553(a)(1)). Further, no other law
requires that a notice of proposed
rulemaking and an opportunity for
public comment be given for this final
rule. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule 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.
Therefore, this regulation is issued in
final form. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis. Comments should be
submitted to Sheila Quarterman,
Regulatory Policy Division, Bureau of
Industry and Security, U.S. Department
of Commerce, 14th Street &
Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 748 of the Export
Administrative Regulations (15 CFR
Parts 730–774) is amended as follows:
■
PART 748—[AMENDED]
1. The authority citation for 15 CFR
Part 748 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR 2001 Comp., p. 783; Notice of
July 23, 2008, 73 FR 43603 (July 25, 2008).
2. Supplement No. 7 to Part 748 is
amended by:
■ a. Revising the entry for ‘‘Applied
Materials China, Ltd.’’;
■ b. Adding, in alphabetical order, an
entry for ‘‘Aviza Technology China’’;
and
■ c. Revising the entry for ‘‘BHA
Aerocomposite Parts Co., Ltd.’’.
The revisions and addition read as
follows:
■
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Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Rules and Regulations
SUPPLEMENT NO. 7 T PART 748—AUTHORIZATION VALIDATED END-USER (VEU); LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER AND ELIGIBLE DESTINATIONS
Eligible items (by ECCN)
Eligible destination
Applied Materials China, Ltd.
2B006.b.1.a; 2B230; 2B350.g.3; 3B001.b.1; 3B001.c.2;
3B001.e; 3B001.f.3; 3C001; 3C002.
Aviza Technology China ......
2B230; 3B001.c.1.a; 3B001.e .........................................
Boeing Tianjin Composites
Co. Ltd.
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Validated end-user
1A002.a; 1B001.f; 1C010.b; 1C010.e; 1D001 (limited to
‘‘software’’ specially designed or modified for the
‘‘development’’, ‘‘production’’ or ‘‘use’’ of equipment
controlled by 1B001.f) 1E001 (limited to ‘‘technology’’
according to the General Technology Note for the
‘‘development’’ or ‘‘production’’ of items controlled by
1A002.a, 1B001.f, 1C010.b & .e, and 2B001.a);
2B001.b.2 (limited to machine tools with accuracies
no better than (i.e., less than) 13 microns); 2B001.e;
2D001 (limited to ‘‘software,’’ other than that controlled by 2D002, specially designed or modified for
the ‘‘development’’, ‘‘production’’ or ‘‘use’’ of equipment controlled by 2B001.b.2 and 2B001.e); 2D002
(limited to ‘‘software’’ for electronic devices, even
when residing in an electronic device or system, enabling such devices or systems to function as a ‘‘numerical control’’ unit, capable of coordinating simultaneously more than 4 axes for ‘‘contouring control’’
controlled by 2B001.b.2 and 2B001.e).
*
*
*
*
*
Applied Materials China, Ltd.—Shanghai Depot c/o
Shanghai Applied Materials Technical Service Center, 368 Zhang Jiang Road, Pudong Zhangjiang HiTech Park, Shanghai, China 201203.
Applied Materials China, Ltd.—Beijing Depot c/o Beijing
Applied Materials Technical Service Center Bldg. 9,
Area A, No. 1 North Di Sheng Street, BDA Beijing,
China 100176.
Applied Materials China, Ltd.—Wuxi Depot c/o
Sinotrans Jiangsu Group Fuchang Co. J5 A–B Wuxi
Export Processing Zone, 287 Gaolang Road, Wuxi
New District, Wuxi Jiangsu China 214028.
Applied Materials (Xi’an Ltd.) No. 28 Xin Xi Ave., Xi’an
High Tech Park
Export Processing Zone, Xi’an Shanxi, China 710075.
Aviza Technology China, Room B–1501, No. 188,
Tomson Center, Zhang Yang Road, Shanghai, China
200122.
Aviza Technology China, Room 612, International Business Center, No. 18, Hong Da North Road, Beijing
Economics and Technology Development Area, Beijing, China.
Beijing Bonded: CIES, Electronics Building, A23,
Fuxing Road, Beijing, China 100036.
Shanghai Bonded: SLC, Shanghai Industrial—Wailianfa
International Logistics Co., Ltd., Address: 13F
Waigaoqiao Building 889 Yang Gao Road (N),
Pudong, Shanghai, China.
HMG Logistics (Chengdu) Co., Ltd., Floor 1, No. 5
Standard Warehouse, EPZ (West Area), Chengdu,
China 611731.
Boeing Tianjin Composites Co. Ltd., No. 4–388 Heibei
Road, Tanggu Tianjin, China.
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Federal Register / Vol. 74, No. 81 / Wednesday, April 29, 2009 / Rules and Regulations
Dated: April 24, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export
Administration.
[FR Doc. E9–9817 Filed 4–28–09; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 201
[Docket No. FDA–1977–N–0013] (formerly
Docket No. 1977N–0094L)
RIN 0910–AF36
Organ-Specific Warnings; Internal
Analgesic, Antipyretic, and
Antirheumatic Drug Products for Overthe-Counter Human Use; Final
Monograph
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
SUMMARY: The Food and Drug
Administration (FDA) is issuing this
final rule to require important new
organ-specific warnings and related
labeling for over-the-counter (OTC)
internal analgesic, antipyretic, and
antirheumatic (IAAA) drug products.
The new labeling informs consumers
about the risk of liver injury when using
acetaminophen and the risk of stomach
bleeding when using nonsteroidal antiinflammatory drugs (NSAIDS). The new
labeling is required for all OTC IAAA
drug products whether marketed under
an OTC drug monograph or an approved
new drug application (NDA).
DATES: Effective Date: This final rule is
effective April 29, 2010.
Compliance Date: The compliance
date for all products subject to this final
rule, including products with annual
sales less than $25,000, is April 29,
2010.
FOR FURTHER INFORMATION CONTACT:
Arlene Solbeck, Center for Drug
Evaluation and Research , Food and
Drug Administration, 10903 New
Hampshire Ave., Bldg. 22, MS 5411,
Silver Spring, MD 20993, 301–796–
2090.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Overview of This Document
II. Rulemaking History for OTC IAAA
Drug Products
A. Rulemakings Published Before the
2006 Proposed Rule
B. 2006 Proposed Rule
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III. Labeling Required for All OTC
Internal Analgesics
A. PDP
B. Drug Facts
C. Immediate Container
IV. Labeling Required for OTC
Acetaminophen
A. Liver Warning
B. Concomitant Use Warning
C. Liver Disease Warning
D. Drug Interaction Warning
E. Warnings for Certain SubPopulations
V. Labeling Required for OTC NSAIDs
A. Warnings
B. Labeling Specific to Aspirin
VI. Analysis of Impacts
VII. Paperwork Reduction Act of 1995
VIII. Environmental Impact
IX. Federalism
X. References
Glossary
(The definitions of terms used
throughout this document are included
in this glossary because these terms are
likely to be unfamiliar to many readers.)
AERS: FDA’s Adverse Event
Reporting System; a database of adverse
events reported to FDA for drugs and
medical devices
Acute Liver Failure: Severe liver
injury without a history of chronic liver
disease that is associated with
coagulopathy and encephalopathy
ALT: Alanine aminotransferase; a
liver enzyme that is often tested to
evaluate individuals for liver disease
AST: Aspartate aminotransferase; a
liver enzyme that is often tested to
evaluate individuals for liver disease
CFR: The Code of Federal
Regulations; list of regulations created
by the executive departments and
agencies of the Federal Government
GRAS/E: Generally recognized as safe
and effective
GSH: Glutathione; tripeptide (protein
fragment) necessary for acetaminophen
metabolism to avoid accumulation of
the toxic metabolite N-acetyl-p-benzoquinone imine (NAPQI)
HIV: Human immunodeficiency virus;
a retrovirus that can lead to acquired
immunodeficiency syndrome (AIDS)
IAAA: Internal analgesic, antipyretic,
and antirheumatic drug products
INR: International normalized ratio;
measurement that evaluates the ability
of blood to clot
IU/L: International units per liter
NAQPI: N-acetyl-p-benzo-quinone
imine; a harmful by-product of
acetaminophen metabolism that can
cause severe liver injury
NDA: New Drug Application;
application needed for approval of a
new drug by the FDA prior U.S.
marketing
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19385
NSAIDs: Nonsteroidal antiinflammatory drugs (such as aspirin and
ibuprofen)
PDP: Principal display panel; part of
a label that is most likely to be
displayed, presented, shown, or
examined under customary conditions
of display for retail sale.
I. Overview of This Document
This document addresses comments
and data in the 19 submissions that we
received in response to the December
26, 2006 (proposed rule) (71 FR 77314),
which is described in section II of this
document. The submissions comment
on the labeling that we proposed for 21
CFR parts 201 and 343 as well as other
issues where specific comments were
sought in the 2006 proposed rule. The
proposed rule asked for comments on
issues related to the following:
• The safe and effective daily dose of
acetaminophen
• Daily dose recommendation for
alcohol abusers
• Combination products of
acetaminophen combined with
methionine or acetylcysteine
• Package size and configuration
limitations with acetaminophen
products
• Label warnings for individuals with
Human Immunodeficiency Virus (HIV)
• Drug interactions between
acetaminophen and warfarin
This document states our final
conclusions on the labeling
requirements in 21 CFR part 201 and
requires that manufacturers include this
labeling on their OTC IAAA drug
products by the effective date identified
in this document (see DATES). We are
currently evaluating data and
information regarding the remaining
issues discussed in the proposed rule,
some of which include the following:
• Safe daily dose for acetaminophen
(healthy users)
• Safe daily dose for acetaminophen
users with chronic liver disease
• Safe daily dose for acetaminophen
with alcohol use
• Appropriate dosage for
acetaminophen efficacy
• Package size restrictions for OTC
IAAA drug products
• Pediatric dosing for OTC IAAA
drug products
• Various warnings for OTC IAAA
drug products that were proposed in 21
CFR part 343 but not part 21 CFR part
201
• Acetaminophen-narcotic
combinations
• Combinations of acetaminophen
and N-acetylcysteine (NAC) or
methionine
• Prescription labeling for OTC IAAA
drug products
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]]>Agencies
[Federal Register Volume 74, Number 81 (Wednesday, April 29, 2009)]
[Rules and Regulations]
[Pages 19382-19385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-9817]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 090415662-9687-01]
RIN 0694-AE61
Additions and Revisions to the List of Approved End-Users and
Respective Eligible Items for the People's Republic of China (PRC)
Under Authorization Validated End-User (VEU)
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to add a name to the
list of end-users for the People's Republic of China (PRC) approved to
receive exports, reexports and transfers of certain items under
Authorization Validated End-User (VEU). This rule also amends the EAR
to add and revise eligible items and destinations for existing VEU
authorizations. Specifically, this rule amends the EAR to authorize one
additional VEU and identify its respective eligible items for export
and reexport to the PRC. This rule also amends the authorizations of
two pre-existing VEUs in the PRC. Finally, this rule makes a
modification to the listed name of an existing VEU in the PRC. In a
final rule published in the Federal Register on June 19, 2007, BIS
revised and clarified U.S. export control policy for the PRC,
establishing Authorization VEU and identifying the PRC as the initial
eligible destination. In a final rule published in the Federal Register
on October 19, 2007, BIS published the names of the first five
validated end-users in the PRC that were approved to receive certain
specified items under Authorization VEU.
DATES: This rule is effective April 29, 2009. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE61
(VEUPRCADE), by any of the following methods:
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE61
(VEUPRCADE)'' in the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department
of Commerce, Bureau of Industry and Security, Regulatory Policy
Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: RIN 0694-AE61 (VEUPRCADE).
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
jseehra@omb.eop.gov or by fax to (202) 395-7285. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e., RIN 0694-AE61 (VEUPRCADE))--all comments on
the latter should be submitted by one of the three methods outlined
above.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chairman, End-User
Review Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania Avenue, NW., Washington, DC 20230;
by telephone (202) 482-3811, or by e-mail to kniesv@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User (VEU): Additions and Modifications to
the List of Approved End-Users, Eligible Items and Destinations
Consistent with U.S. Government policy to facilitate trade for
civilian end-users in the PRC, BIS amended the EAR in a final rule on
June 19, 2007 (72 FR 33646) by creating a new authorization for
``validated end-users'' (VEUs) located in eligible destinations to
which eligible items (commodities, software and technology, except
those controlled for missile technology or crime control reasons) may
be exported, reexported or transferred under a general authorization
instead of a license, in conformance with Section 748.15 of the EAR.
Authorization VEU is a mechanism to facilitate increased high-
technology exports to companies in the PRC and India that have a record
of using such items responsibly. VEUs may obtain eligible items that
are on the Commerce Control List without having to wait for their
suppliers to obtain export licenses from BIS. A wide range of items are
eligible for shipment under Authorization VEU. In addition to U.S.
exporters, Authorization VEU may be used by foreign reexporters, and
does not have an expiration date.
Additional VEUs in the PRC and Their Respective ``Eligible Items (By
ECCN)'' and ``Eligible Destinations''
This final rule amends Supplement No. 7 to Part 748 of the EAR to
identify an additional company with eligible facilities in the PRC as a
VEU and to identify the items that may be exported, reexported or
transferred to it under Authorization VEU. This new entry is for Aviza
Technology China. It lists Export Control Classification Numbers
(ECCNs) 2B230, 3B001.c.1.a and 3B001.e under ``Eligible Items (By
ECCN),'' and includes the following facility names and addresses under
``Eligible Destination:''
Aviza Technology China, Room B-1501, No. 188, Tomson Center, Zhang Yang
Road, Shanghai, China 200122.
Aviza Technology China, Room 612, International Business Center, No.
18, Hong Da North Road, Beijing Economics and Technology Development
Area, Beijing, China.
Beijing Bonded: CIES, Electronics Building, A23, Fuxing Road, Beijing,
China 100036.
Shanghai Bonded: SLC, Shanghai Industrial-Wailianfa International
Logistics Co., Ltd., Address: 13F Waigaoqiao Building, 889 Yang Gao
Road(N), Pudong, Shanghai, China.
HMG Logistics (Chengdu) Co., Ltd., Floor 1, No. 5 Standard Warehouse,
EPZ (West Area), Chengdu, China 611731.
Modifications to Existing VEU Authorizations
This final rule also amends Supplement No. 7 to Part 748 of the EAR
to implement requests received from existing VEUs for modifications in
their authorizations to include additional eligible items and
additional destinations, and to list a change of name for an existing
VEU. Specifically, this rule makes the following amendments to
Supplement No. 7 to Part 748:
[[Page 19383]]
(1) The authorization for Applied Materials China, Ltd. now also
includes ECCN 2B006.b.1.a under ``Eligible Items (By ECCN)'' and the
following facility name and address under ``Eligible Destination:''
Applied Materials (Xi'an Ltd.), No. 28 Xin Xi Ave., Xi'an High Tech
Park, Export Processing Zone, Xi'an Shanxi, China 710075.
(2) Based upon notification from existing VEU BHA Aerocomposite
Parts Co., Ltd. that the company's name has legally been changed, the
name ``BHA Aerocomposite Parts Co., Ltd.'' shown in Supplement No. 7 to
Part 748 of the EAR prior to this rule has been changed to ``Boeing
Tianjin Composites Co. Ltd.,'' under both the ``Validated End-User''
and ``Eligible Destination'' columns. Further, the authorization for
Boeing Tianjin Composites Co. Ltd., formerly BHA Aerocomposite Parts
Co., Ltd., now also includes ECCN 2B001.b.2 (limited to machine tools
with accuracies no better than (i.e., less than) 13 microns), and
replaces ECCN 2B001.e.1.a. with 2B001.e. under ``Eligible Items (By
ECCN).'' ECCN 2B001.e. encompasses all parameters of its subparagraphs.
With the publication of this final rule, the total number of VEUs
in the PRC is six and the total number of eligible facilities is
twenty. The VEUs listed in Supplement No. 7 to Part 748 were reviewed
and approved by the U.S. Government in accordance with the provisions
of Section 748.15 and Supplement Nos. 8 and 9 to Part 748 of the EAR.
Approving this new end-user as a VEU is expected to further
facilitate exports to civil end-users in the PRC. Approval of this
company also represents a significant savings of time for suppliers and
end-users. Authorization VEU will eliminate the burden on exporters and
reexporters of preparing license applications and on BIS for processing
such applications, as exports and reexports will be made under general
authorization instead of under license. This savings will enable
exporters and reexporters to supply VEUs much more quickly, thus
enhancing the competitiveness of the exporters, reexporters, and end-
users in the PRC.
To ensure appropriate facilitation of exports and reexports, on-
site reviews of the VEUs may be warranted pursuant to paragraph
748.15(a)(2) and Section 7(iv) of Supplement No. 8 to Part 748 of the
EAR. If such reviews are warranted, BIS will inform the PRC Ministry of
Commerce.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as extended most recently by
the Notice of July 23, 2008 (73 FR 43603, July 25, 2008), has continued
the EAR in effect under the International Emergency Economic Powers
Act. BIS continues to carry out the provisions of the Act, as
appropriate and to the extent permitted by law, pursuant to Executive
Order 13222.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
2. Notwithstanding any other provisions of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act 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 rule involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748; and for
recordkeeping, reporting and review requirements in connection with
Authorization Validated End-User, which carries an estimated burden of
30 minutes per submission. This rule is expected to result in a
decrease in license applications submitted to BIS. Total burden hours
associated with the Paperwork Reduction Act and Office of Management
and Budget control number 00694-0088 are not expected to increase
significantly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act requiring
notice of proposed rulemaking, the opportunity for public
participation, and a delay in effective date, are inapplicable because
this regulation involves a military and foreign affairs function of the
United States (5 U.S.C. 553(a)(1)). Further, no other law requires that
a notice of proposed rulemaking and an opportunity for public comment
be given for this final rule. Because a notice of proposed rulemaking
and an opportunity for public comment are not required to be given for
this rule 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. Therefore, this regulation is issued
in final form. Although there is no formal comment period, public
comments on this regulation are welcome on a continuing basis. Comments
should be submitted to Sheila Quarterman, Regulatory Policy Division,
Bureau of Industry and Security, U.S. Department of Commerce, 14th
Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 748 of the Export Administrative Regulations (15 CFR
Parts 730-774) is amended as follows:
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR Part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR 2001 Comp., p. 783; Notice of July 23, 2008, 73 FR
43603 (July 25, 2008).
0
2. Supplement No. 7 to Part 748 is amended by:
0
a. Revising the entry for ``Applied Materials China, Ltd.'';
0
b. Adding, in alphabetical order, an entry for ``Aviza Technology
China''; and
0
c. Revising the entry for ``BHA Aerocomposite Parts Co., Ltd.''.
The revisions and addition read as follows:
[[Page 19384]]
Supplement No. 7 t Part 748--Authorization Validated End-User (VEU);
List of Validated End-Users, Respective Items Eligible for Export,
Reexport and Transfer and Eligible Destinations
------------------------------------------------------------------------
Eligible items (by
Validated end-user ECCN) Eligible destination
------------------------------------------------------------------------
Applied Materials China, 2B006.b.1.a; 2B230; Applied Materials
Ltd.. 2B350.g.3; China, Ltd.--
3B001.b.1; Shanghai Depot c/o
3B001.c.2; 3B001.e; Shanghai Applied
3B001.f.3; 3C001; Materials Technical
3C002. Service Center, 368
Zhang Jiang Road,
Pudong Zhangjiang
Hi-Tech Park,
Shanghai, China
201203.
Applied Materials
China, Ltd.--
Beijing Depot c/o
Beijing Applied
Materials Technical
Service Center
Bldg. 9, Area A,
No. 1 North Di
Sheng Street, BDA
Beijing, China
100176.
Applied Materials
China, Ltd.--Wuxi
Depot c/o Sinotrans
Jiangsu Group
Fuchang Co. J5 A-B
Wuxi Export
Processing Zone,
287 Gaolang Road,
Wuxi New District,
Wuxi Jiangsu China
214028.
Applied Materials
(Xi'an Ltd.) No. 28
Xin Xi Ave., Xi'an
High Tech Park
Export Processing
Zone, Xi'an Shanxi,
China 710075.
Aviza Technology China...... 2B230; 3B001.c.1.a; Aviza Technology
3B001.e. China, Room B-1501,
No. 188, Tomson
Center, Zhang Yang
Road, Shanghai,
China 200122.
Aviza Technology
China, Room 612,
International
Business Center,
No. 18, Hong Da
North Road, Beijing
Economics and
Technology
Development Area,
Beijing, China.
Beijing Bonded:
CIES, Electronics
Building, A23,
Fuxing Road,
Beijing, China
100036.
Shanghai Bonded:
SLC, Shanghai
Industrial--Wailian
fa International
Logistics Co.,
Ltd., Address: 13F
Waigaoqiao Building
889 Yang Gao Road
(N), Pudong,
Shanghai, China.
HMG Logistics
(Chengdu) Co.,
Ltd., Floor 1, No.
5 Standard
Warehouse, EPZ
(West Area),
Chengdu, China
611731.
Boeing Tianjin Composites 1A002.a; 1B001.f; Boeing Tianjin
Co. Ltd. 1C010.b; 1C010.e; Composites Co.
1D001 (limited to Ltd., No. 4-388
``software'' Heibei Road, Tanggu
specially designed Tianjin, China.
or modified for the
``development'',
``production'' or
``use'' of
equipment
controlled by
1B001.f) 1E001
(limited to
``technology''
according to the
General Technology
Note for the
``development'' or
``production'' of
items controlled by
1A002.a, 1B001.f,
1C010.b & .e, and
2B001.a); 2B001.b.2
(limited to machine
tools with
accuracies no
better than (i.e.,
less than) 13
microns); 2B001.e;
2D001 (limited to
``software,'' other
than that
controlled by
2D002, specially
designed or
modified for the
``development'',
``production'' or
``use'' of
equipment
controlled by
2B001.b.2 and
2B001.e); 2D002
(limited to
``software'' for
electronic devices,
even when residing
in an electronic
device or system,
enabling such
devices or systems
to function as a
``numerical
control'' unit,
capable of
coordinating
simultaneously more
than 4 axes for
``contouring
control''
controlled by
2B001.b.2 and
2B001.e).
* * * * * * *
------------------------------------------------------------------------
[[Page 19385]]
Dated: April 24, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-9817 Filed 4-28-09; 8:45 am]
BILLING CODE 3510-33-P
