Authorization Validated End-User: Amendment to Existing Validated End-User Authorizations in the People's Republic of China (PRC) and India, 68147-68149 [E9-30487]

Download as PDF Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations to the Entity List. The ERC makes all decisions to add an entry to the Entity List by majority vote and all decisions to remove or modify an entry by unanimous vote. The ERC made a determination to remove Neda Kargar, located in the United Arab Emirates, as a result of her request for removal from the listed entity. Based upon the review of the information provided in the removal request in accordance with § 744.16 (Procedure for Requesting Removal or Modification of an Entity List Entity), and further review that was conducted by the ERC’s member agencies, the ERC determined that Neda Kargar should be removed from the Entity List. The ERC decision to remove Neda Kargar took into account information indicating that she did not work at the location listed in her entry on the Entity List, her cooperation with the U.S. Government, and as her assurances of future compliance with the EAR. In accordance with § 744.16(c), the Deputy Assistant Secretary for Export Administration has sent written notification to Neda Kargar informing her of the ERC’s decision to remove her from the Entity List. This final rule implements the decision to remove this U.A.E. person from the Entity List. cprice-sewell on DSKHWCL6B1PROD with RULES Removal From the Entity List One person is being removed under this rule as a result of the submission of a formal request for removal based upon the procedures outlined in § 744.16 of the EAR. This entity is located in the United Arab Emirates: United Arab Emirates (1) Neda Kargar, No. 308, 3rd Floor, Rafi Center, Al Nakheel, Deira, Dubai, U.A.E. The removal of Neda Kargar from the Entity List (from the U.A.E., as described above) eliminates the existing license requirement in Supplement No. 4 to part 744 for exports, reexports and transfers (in-country) to this person. However, the removal of Neda Kargar from the Entity List does not relieve persons of other obligations under part 744 of the EAR or under other parts of the EAR. Neither the removal of a person from the Entity List nor the removal of Entity List-based license requirements relieves persons of their obligations under General Prohibition 5 in § 736.2(b)(5) of the EAR which provides that, ‘‘you may not, without a license, knowingly export or reexport any item subject to the EAR to an enduser or end-use that is prohibited by part 744 of the EAR.’’ Nor do such removals relieve persons of their obligation to apply for export, reexport VerDate Nov<24>2008 13:48 Dec 22, 2009 Jkt 220001 or in-country transfer licenses required by other provisions of the EAR. BIS strongly urges the use of Supplement No. 3 to part 732 of the EAR, ‘‘BIS’s ‘Know Your Customer’ Guidance and Red Flags,’’ when persons are involved in transactions that are subject to the EAR. Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as extended by the Notice of August 13, 2009 (74 FR 41325 (August 14, 2009)), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. 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 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 regulation involves collections previously approved by the OMB under control numbers 0694–0088, ‘‘Multi-Purpose Application,’’ which carries a burden hour estimate of 58 minutes to prepare and submit form BIS–748. Miscellaneous and recordkeeping activities account for 12 minutes per submission. Total burden hours associated with the Paperwork Reduction Act and Office and Management and Budget control number 0694–0088 are expected to decrease slightly as a result of this rule. 3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military or foreign affairs function of the United States. (See 5 U.S.C. 553(a)(1)). Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 68147 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 730–774) is amended as follows: PART 744—[AMENDED] 1. The authority citation for 15 CFR part 744 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 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. 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 356; 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 August 13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 10, 2008, 73 FR 67097 (November 12, 2008). Supplement No. 4 to Part 744 [Amended] 2. Supplement No. 4 to part 744 is amended by removing under the United Arab Emirates, this one U.A.E. entity ‘‘Neda Kargar, No. 308, 3rd Floor, Rafi Center, Al Nakheel, Deira, Dubai, U.A.E.’’. ■ Dated: December 11, 2009. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. E9–30480 Filed 12–22–09; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 748 [Docket No. 0911051394–91397–01] RIN 0694–AE77 Authorization Validated End-User: Amendment to Existing Validated EndUser Authorizations in the People’s Republic of China (PRC) and India 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 suspend the availability of Authorization Validated End-User E:\FR\FM\23DER1.SGM 23DER1 cprice-sewell on DSKHWCL6B1PROD with RULES 68148 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations (VEU) status for any export, reexport, or transfer (in-country) of items subject to the EAR to Aviza Technology China, a VEU in the People’s Republic of China (PRC/China) and to GE India’s GE Fanuc Systems PVT Ltd facility in India. VEU status was provided to the PRC company in an April 2009 final rule published in the Federal Register, and to the eligible facility of the Indian company in a July 2009 final rule published in the Federal Register. BIS is suspending the availability of Authorization VEU for exports, reexports, and transfers (in-country) due to material changes at the companies, consistent with the authorization’s eligible end-user provisions. Suspension of the availability of Authorization VEU in this amendment is not the result of prohibited activities by the two companies. This amendment does not otherwise create a new license requirement or adversely affect the licensing policy for exports, reexports or transfers of items to the company and facility identified in this rule. DATES: This rule is effective December 23, 2009. ADDRESSES: Although there is no formal comment period, public comments on this regulation are welcome on a continuing basis. You may submit comments, identified by RIN 0694– AE77 (VEUAVIZAGE), by any of the following methods: E-mail: publiccomments@bis.doc.gov. Include ‘‘RIN 0694–AE77 (VEUAVIZAGE)’’ 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 St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, Attn: RIN 0694–AE77 (VEUAVIZAGE). 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 Jasmeet_K._Seehra@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–AE77 (VEUAVIZAGE))—all comments on the matter should be submitted by one of the three methods outlined above. FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, Acting Chair, End-User Review Committee, Bureau of VerDate Nov<24>2008 13:48 Dec 22, 2009 Jkt 220001 Industry and Security, U.S. Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230; by telephone (202) 482–3343, or by e-mail to bscott@bis.doc.gov. SUPPLEMENTARY INFORMATION: Background BIS amended the EAR in a final rule published in the Federal Register on June 19, 2007 (72 FR 33646) to create a new Authorization Validated End-User (VEU). Authorization VEU allows the export, reexport or transfer (in-country) of certain specified items (including commodities, software and technology, except for those controlled for missile technology or crime control reasons) to approved civil end-users located in eligible destinations under a general authorization instead of under multiple individual licenses. Authorization VEU is described in § 748.15 of the EAR. The June 19 rule also identified China as the initial eligible destination for shipments under the authorization; BIS identified India as an eligible destination in an October 1, 2007 final rule (72 FR 56010). In a rule published in the Federal Register on April 29, 2009 (74 FR 19382), BIS designated Aviza Technology China (Aviza) as a VEU, thus authorizing certain specific exports, reexports and transfers (incountry) to the listed facilities of the company under Authorization VEU. On July 2, 2009, BIS designated GE India as a VEU (74 FR 31620); GE India’s listing included its GE Fanuc Systems PVT Ltd. (GE Fanuc) facility as an ‘‘Eligible Destination,’’ and listed specific items that could be exported, reexported or transferred (in-country) to the GE Fanuc facility under Authorization VEU. Prior to publication of this rule, Aviza and GE India’s GE Fanuc facility were listed in Supplement No. 7 to Part 748 of the EAR (Supplement No. 7 to Part 748— Authorization Validated End-User (VEU): List of Validated End-Users, Respective Eligible Items and Eligible Destinations). In this final rule, BIS amends the EAR to suspend, until further notice, the authority of any person to export, reexport, or transfer (in-country) any items subject to the EAR under Authorization VEU to Aviza and to the GE Fanuc facility in India. BIS is suspending the availability of Authorization VEU for Aviza and the GE Fanuc facility due to material changes at the companies, consistent with § 748.15 of the EAR. Suspension of the availability of Authorization VEU in this amendment is not the result of prohibited activities by the two companies. This amendment PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 does not otherwise create a new license requirement or adversely affect the licensing policy for exports, reexports or transfers of items to the company and facility identified in this rule. This amendment applies only to transactions under Authorization VEU involving Aviza and the GE Fanuc facility in India, which were previously identified in Supplement No. 7 to Part 748 of the EAR. This amendment does not apply to other companies or facilities in China or India that may be designated as eligible under Authorization VEU. License requirements and other provisions of the EAR continue to apply to exports, reexports, or transfers (in-country) to Aviza in China and the GE Fanuc facility in India. Additionally, all conditions and restrictions that applied to transactions involving Aviza or the GE Fanuc facility pursuant to Authorization VEU prior to the effective date of this amendment continue to apply. These restrictions and conditions include any that were imposed on either company in connection with its eligibility for Authorization VEU, as communicated by BIS in the initial letter that granted each company VEU status. 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 August 13, 2009 (74 FR 41325 (August 14, 2009), 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. Saving Clause Shipments of items removed from eligibility for export, reexport or transfer under Authorization VEU as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on December 23, 2009, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previously applicable authorization so long as they are exported, reexported or transferred before January 6, 2010. Any such items not actually exported or reexported before midnight, on January 6, 2010, require a license in accordance with this regulation. E:\FR\FM\23DER1.SGM 23DER1 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Rules and Regulations cprice-sewell on DSKHWCL6B1PROD with RULES Rulemaking Requirements 1. This final 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, nor shall any person 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 (PRA), 44 U.S.C. 3501 et seq., unless that collection of information displays a currently valid OMB Control Number. This regulation involves information collections previously approved by the OMB under control number 0694–0088, ‘‘MultiPurpose Application’’, which carries a burden hour estimate of 58 minutes to prepare and submit form BIS–748, and which involves requirements in connection with Authorization Validated End-User. This rule is expected to result in an increase in license applications submitted to BIS. Total burden hours associated with the PRA and OMB control number 0694– 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 to this rule 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 may be submitted to Sheila Quarterman, Regulatory Policy Division, Bureau of Industry and Security, Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230. VerDate Nov<24>2008 19:23 Dec 22, 2009 Jkt 220001 List of Subjects in 15 CFR Part 748 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. ■ Accordingly, part 748 of the Export Administration 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 August 13, 2009, 74 FR 41325 (August 14, 2009). Supplement No. 7 to Part 748 [Amended] 2. Supplement No. 7 to part 748 (Authorization Validated End-User (VEU): List of Validated End-Users, Respective Eligible Items and Eligible Destinations) is amended by: ■ a. Removing the entry for Aviza Technology China from the ‘‘Validated End-User,’’ ‘‘Eligible Items (By ECCN),’’ and ‘‘Eligible Destination’’ columns; and ■ b. Removing the entry for GE Fanuc Systems PVT Ltd. from the ‘‘Eligible Items (by ECCN)’’ and ‘‘Eligible Destination’’ columns associated with the VEU GE India. ■ Dated: December 18, 2009. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. E9–30487 Filed 12–22–09; 8:45 am] BILLING CODE 3150–33–P DEPARTMENT OF THE TREASURY 68149 reduce benefits accrued before the plan amendment’s applicable amendment date. DATES: This correction is effective on December 23, 2009, and is applicable on November 24, 2009. FOR FURTHER INFORMATION CONTACT: Pamela R. Kinard, (202) 622–6060 (not a toll-free number). SUPPLEMENTARY INFORMATION: Background The final regulations (TD 9472) that are the subject of this document are under sections411(d)(6) and 4980F of the Internal Revenue Code. Need for Correction As published, the final regulations (TD 9472) contain an error that may prove to be misleading and is in need of clarification. Correction of Publication Accordingly, the publication of the final regulations (TD 9472), which were the subject of FR Doc. E9–28078, is corrected as follows: On page 61275, column 3, in the preamble, under the paragraph heading ‘‘Effective/Applicability Dates’’, lines 4 and 5 from the bottom of first paragraph of the column, the language ‘‘(available on the IRS Web site at https:// www.irs.gov/pub/irs-drop/a-09– 82.pdf),’’ is removed and replaced with the language ‘‘(2009–48 IRB 720) See § 601.601(d)(2)(ii)(b),’’ in its place. LaNita Van Dyke, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration). [FR Doc. E9–30535 Filed 12–22–09; 8:45 am] BILLING CODE 4830–01–P Internal Revenue Service DEPARTMENT OF THE TREASURY 26 CFR Parts 1 and 54 [TD 9472] Fiscal Service RIN 1545–BG48 31 CFR Part 285 Notice Requirements for Certain Pension Plan Amendments Significantly Reducing the Rate of Future Benefit Accrual; Correction RIN 1510–AB19 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Correction to final regulations. SUMMARY: This document contains a correction to final regulations (TD 9472) that were published in the Federal Register on Tuesday, November 24, 2009 (74 FR 61270) providing guidance relating to the application of the section 204(h) notice requirements to a pension plan amendment that is permitted to PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 Debt Collection Authorities Under the Debt Collection Improvement Act of 1996 AGENCY: Financial Management Service, Fiscal Service, Treasury. ACTION: Final rule. SUMMARY: This final rule adopts the interim rule, published in the Federal Register on June 11, 2009, concerning the time limitation on the collection of nontax debts by centralized offset. DATES: This rule is effective December 23, 2009. E:\FR\FM\23DER1.SGM 23DER1

Agencies

[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Rules and Regulations]
[Pages 68147-68149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30487]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 0911051394-91397-01]
RIN 0694-AE77


Authorization Validated End-User: Amendment to Existing Validated 
End-User Authorizations in the People's Republic of China (PRC) and 
India

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 suspend the 
availability of Authorization Validated End-User

[[Page 68148]]

(VEU) status for any export, reexport, or transfer (in-country) of 
items subject to the EAR to Aviza Technology China, a VEU in the 
People's Republic of China (PRC/China) and to GE India's GE Fanuc 
Systems PVT Ltd facility in India. VEU status was provided to the PRC 
company in an April 2009 final rule published in the Federal Register, 
and to the eligible facility of the Indian company in a July 2009 final 
rule published in the Federal Register.
    BIS is suspending the availability of Authorization VEU for 
exports, reexports, and transfers (in-country) due to material changes 
at the companies, consistent with the authorization's eligible end-user 
provisions. Suspension of the availability of Authorization VEU in this 
amendment is not the result of prohibited activities by the two 
companies. This amendment does not otherwise create a new license 
requirement or adversely affect the licensing policy for exports, 
reexports or transfers of items to the company and facility identified 
in this rule.

DATES: This rule is effective December 23, 2009.

ADDRESSES: Although there is no formal comment period, public comments 
on this regulation are welcome on a continuing basis. You may submit 
comments, identified by RIN 0694-AE77 (VEUAVIZAGE), by any of the 
following methods:
    E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AE77 
(VEUAVIZAGE)'' 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 St. & Pennsylvania Avenue, NW., Room 2705, Washington, 
DC 20230, Attn: RIN 0694-AE77 (VEUAVIZAGE).
    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 
Jasmeet_K._Seehra@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-AE77 (VEUAVIZAGE))--all 
comments on the matter should be submitted by one of the three methods 
outlined above.

FOR FURTHER INFORMATION CONTACT: Elizabeth Scott Sangine, Acting Chair, 
End-User Review Committee, Bureau of Industry and Security, U.S. 
Department of Commerce, 14th St. & Pennsylvania Avenue, NW., Room 2705, 
Washington, DC 20230; by telephone (202) 482-3343, or by e-mail to 
bscott@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

    BIS amended the EAR in a final rule published in the Federal 
Register on June 19, 2007 (72 FR 33646) to create a new Authorization 
Validated End-User (VEU). Authorization VEU allows the export, reexport 
or transfer (in-country) of certain specified items (including 
commodities, software and technology, except for those controlled for 
missile technology or crime control reasons) to approved civil end-
users located in eligible destinations under a general authorization 
instead of under multiple individual licenses. Authorization VEU is 
described in Sec.  748.15 of the EAR. The June 19 rule also identified 
China as the initial eligible destination for shipments under the 
authorization; BIS identified India as an eligible destination in an 
October 1, 2007 final rule (72 FR 56010).
    In a rule published in the Federal Register on April 29, 2009 (74 
FR 19382), BIS designated Aviza Technology China (Aviza) as a VEU, thus 
authorizing certain specific exports, reexports and transfers (in-
country) to the listed facilities of the company under Authorization 
VEU. On July 2, 2009, BIS designated GE India as a VEU (74 FR 31620); 
GE India's listing included its GE Fanuc Systems PVT Ltd. (GE Fanuc) 
facility as an ``Eligible Destination,'' and listed specific items that 
could be exported, reexported or transferred (in-country) to the GE 
Fanuc facility under Authorization VEU. Prior to publication of this 
rule, Aviza and GE India's GE Fanuc facility were listed in Supplement 
No. 7 to Part 748 of the EAR (Supplement No. 7 to Part 748--
Authorization Validated End-User (VEU): List of Validated End-Users, 
Respective Eligible Items and Eligible Destinations).
    In this final rule, BIS amends the EAR to suspend, until further 
notice, the authority of any person to export, reexport, or transfer 
(in-country) any items subject to the EAR under Authorization VEU to 
Aviza and to the GE Fanuc facility in India. BIS is suspending the 
availability of Authorization VEU for Aviza and the GE Fanuc facility 
due to material changes at the companies, consistent with Sec.  748.15 
of the EAR.
    Suspension of the availability of Authorization VEU in this 
amendment is not the result of prohibited activities by the two 
companies. This amendment does not otherwise create a new license 
requirement or adversely affect the licensing policy for exports, 
reexports or transfers of items to the company and facility identified 
in this rule.
    This amendment applies only to transactions under Authorization VEU 
involving Aviza and the GE Fanuc facility in India, which were 
previously identified in Supplement No. 7 to Part 748 of the EAR. This 
amendment does not apply to other companies or facilities in China or 
India that may be designated as eligible under Authorization VEU. 
License requirements and other provisions of the EAR continue to apply 
to exports, reexports, or transfers (in-country) to Aviza in China and 
the GE Fanuc facility in India. Additionally, all conditions and 
restrictions that applied to transactions involving Aviza or the GE 
Fanuc facility pursuant to Authorization VEU prior to the effective 
date of this amendment continue to apply. These restrictions and 
conditions include any that were imposed on either company in 
connection with its eligibility for Authorization VEU, as communicated 
by BIS in the initial letter that granted each company VEU status.
    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 August 13, 2009 (74 FR 41325 (August 14, 2009), 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.

Saving Clause

    Shipments of items removed from eligibility for export, reexport or 
transfer under Authorization VEU as a result of this regulatory action 
that were on dock for loading, on lighter, laden aboard an exporting 
carrier, or en route aboard a carrier to a port of export, on December 
23, 2009, pursuant to actual orders for export or reexport to a foreign 
destination, may proceed to that destination under the previously 
applicable authorization so long as they are exported, reexported or 
transferred before January 6, 2010. Any such items not actually 
exported or reexported before midnight, on January 6, 2010, require a 
license in accordance with this regulation.

[[Page 68149]]

Rulemaking Requirements

    1. This final 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, nor shall any person 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 (PRA), 44 U.S.C. 
3501 et seq., unless that collection of information displays a 
currently valid OMB Control Number. This regulation involves 
information 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 
which involves requirements in connection with Authorization Validated 
End-User. This rule is expected to result in an increase in license 
applications submitted to BIS. Total burden hours associated with the 
PRA and OMB control number 0694-0088 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 to this 
rule 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 may be submitted to Sheila Quarterman, 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, 14th St. & 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 Administration 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 August 13, 2009, 74 
FR 41325 (August 14, 2009).

Supplement No. 7 to Part 748 [Amended]

0
2. Supplement No. 7 to part 748 (Authorization Validated End-User 
(VEU): List of Validated End-Users, Respective Eligible Items and 
Eligible Destinations) is amended by:
0
a. Removing the entry for Aviza Technology China from the ``Validated 
End-User,'' ``Eligible Items (By ECCN),'' and ``Eligible Destination'' 
columns; and
0
b. Removing the entry for GE Fanuc Systems PVT Ltd. from the ``Eligible 
Items (by ECCN)'' and ``Eligible Destination'' columns associated with 
the VEU GE India.

    Dated: December 18, 2009.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. E9-30487 Filed 12-22-09; 8:45 am]
BILLING CODE 3150-33-P
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