Addition to the List of Validated End-Users in the People's Republic of China (PRC), 2435-2437 [2010-725]
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Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations
Discussion
The 747–8/–8F is equipped with an
electronic flight control system that
provides roll control of the airplane
through pilot inputs to the flight
computers. Current part 25
airworthiness regulations account for
‘‘control laws,’’ for which aileron
deflection is proportional to control
wheel deflection. They do not address
any nonlinearities 1 or other effects on
aileron and spoiler actuation that may
be caused by electronic flight controls.
Therefore, the FAA considers the flight
control system to be a novel and
unusual feature compared to those
envisioned when current regulations
were adopted. Since this type of system
may affect flight loads, and therefore the
structural capability of the airplane,
special conditions are needed to address
these effects.
These special conditions differ from
current requirements in that the special
conditions require that the roll
maneuver result from defined
movements of the cockpit roll control as
opposed to defined aileron deflections.
Also, these special conditions require an
additional load condition at design
maneuvering speed (VA), in which the
cockpit roll control is returned to
neutral following the initial roll input.
These special conditions differ from
similar special conditions applied to
previous designs. These special
conditions are limited to the roll axis
only, whereas previous special
conditions also included pitch and yaw
axes. A special condition is no longer
needed for the yaw axis because
§ 25.351 was revised at Amendment 25–
91 to take into account effects of an
electronic flight control system. No
special condition is needed for the pitch
axis because the current requirement
(§ 25.331(c)) is adequate.
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Discussion of Comments
Notice of proposed special conditions
No. 25–09–10–SC for the Boeing Model
747–8/–8F airplanes was published in
the Federal Register on October 8, 2009
(74 FR 51813). No comments were
received.
Applicability
As discussed above, these special
conditions are applicable to the Boeing
Model 747–8/–8F airplanes. Should
Boeing apply at a later date for a change
to the type certificate to include another
model incorporating the same novel or
unusual design features, these special
conditions would apply to that model as
well under the provisions of § 21.101.
1 A nonlinearity is a situation where output does
not change in the same proportion as input.
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12:39 Jan 14, 2010
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Conclusion
This action affects only certain novel
or unusual design features of the Boeing
Model 747–8/–8F airplanes. It is not a
rule of general applicability.
2435
Issued in Renton, Washington, on January
5, 2010.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2010–662 Filed 1–14–10; 8:45 am]
List of Subjects in 14 CFR Part 25
BILLING CODE 4910–13–P
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
DEPARTMENT OF COMMERCE
The authority citation for these
special conditions is as follows:
Bureau of Industry and Security
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
15 CFR Part 748
■
[Docket No. 0908111226–91431–01]
The Special Conditions
RIN 0694–AE70
Accordingly, pursuant to the authority
delegated to me by the Administrator,
the following special conditions are
issued as part of the type certification
basis for the Boeing Model 747–8/–8F
airplanes.
In lieu of compliance with § 25.349(a),
the Boeing Model 747–8/–8F must
comply with the following special
conditions.
The following conditions, speeds, and
cockpit roll control motions (except as
the motions may be limited by pilot
effort) must be considered in
combination with an airplane load
factor of zero, and separately, two-thirds
of the positive maneuvering factor used
in design. In determining the resulting
control surface deflections, the torsional
flexibility of the wing must be
considered in accordance with
§ 25.301(b):
(a) Conditions corresponding to
steady rolling velocities must be
investigated. In addition, conditions
corresponding to maximum angular
acceleration must be investigated. For
the angular acceleration conditions, zero
rolling velocity may be assumed in the
absence of a rational time history
investigation of the maneuver.
(b) At VA, sudden movement of the
cockpit roll control up to the limit is
assumed. The position of the cockpit
roll control must be maintained until a
steady roll rate is achieved and then
must be returned suddenly to the
neutral position.
(c) At VC, the cockpit roll control
must be moved suddenly and
maintained so as to achieve a roll rate
not less than that obtained in paragraph
(b).
(d) At VD, the cockpit roll control
must be moved suddenly and
maintained so as to achieve a roll rate
not less than one third of that obtained
in paragraph (b).
■
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Addition to the List of Validated EndUsers in the People’s Republic of
China (PRC)
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 an entity to the list of
validated 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). Specifically,
this rule amends the EAR to add one
additional validated end-user and
identifies eligible items for export and
reexport and transfer (in-country) to one
facility 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.
DATES: This rule is effective January 15,
2010. 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–AE70, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov
Include ‘‘RIN 0694–AE70’’ 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–AE70.
E:\FR\FM\15JAR1.SGM
15JAR1
2436
Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations
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–AE70)—all
comments on the latter 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 Street &
Pennsylvania Avenue, NW.,
Washington, DC 20230; by telephone
(202) 482–3343, or by e-mail to
bscott@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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Background
Authorization Validated End-User
(VEU): The List of Approved End-Users,
Eligible Items and Destinations in the
PRC
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’’ 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 eligible
destinations that have a record of using
such items responsibly. Currently, there
are two eligible destinations, the
People’s Republic of China (PRC) and
India. Validated end-users 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 Validated End-User in the
PRC and Its Respective ‘‘Eligible Items
(By ECCN)’’ and ‘‘Eligible Destination’’
This final rule amends Supplement
No. 7 to Part 748 of the EAR to identify
VerDate Nov<24>2008
12:39 Jan 14, 2010
Jkt 220001
an additional company with eligible
facilities in the PRC as a validated enduser and to identify the items that may
be exported, reexported or transferred to
it under Authorization VEU. This new
entry is for Grace Semiconductor
Manufacturing Corporation. It lists
Export Control Classification Numbers
(ECCNs) 1C350.c.3, 1C350.d.7, 2B230,
2B350.d.2, 2B350.g.3, 2B350.i.4,
3B001.a.1, 3B001.b, 3B001.c, 3B001.d,
3B001.e, 3B001.f, 3B001.h, 3C002,
3C004, 5B002, and 5E002 (limited to
production technology for integrated
circuits controlled by ECCNs 5A002 or
5A992 that have been successfully
reviewed under the encryption review
process specified in sections
740.17(b)(2) or 740.17(b)(3) and 742.15
of the EAR; Note also the guidance on
cryptographic interfaces (OCI) in section
740.17(b) of the EAR) under ‘‘Eligible
Items (By ECCN),’’ and includes the
following facility name and address
under ‘‘Eligible Destination’’: Grace
Semiconductor Manufacturing
Corporation, 1399 Zuchongzhi Road,
Zhangjiang Hi-Tech Park, Shanghai, PR
China 20123.
With the publication of this final rule,
the total number of validated end-users
in the PRC is six, and the total number
of eligible facilities in the PRC is
sixteen. The validated end-users 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
validated end-user 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
validated end-users much more quickly,
thus enhancing the competitiveness of
the exporters, reexporters, and endusers in the PRC.
To ensure appropriate facilitation of
exports and reexports, on-site reviews of
the validated end-users 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
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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 (Aug. 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.
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 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. Pursuant to 5 U.S.C. 553(a)(1),
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. 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
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Federal Register / Vol. 75, No. 10 / Friday, January 15, 2010 / Rules and Regulations
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.
Country
Accordingly, part 748 of the Export
Administrative Regulations (15 CFR
Parts 730–774) is amended as follows:
2. Supplement No. 7 to Part 748 is
amended by adding an entry under
‘‘China (People’s Republic of)’’ in
alphabetical order to read 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—
AUTHORIZATION VALIDATED ENDUSER (VEU); LIST OF VALIDATED
END-USERS, RESPECTIVE ITEMS
ELIGIBLE FOR EXPORT, REEXPORT
AND TRANSFER AND ELIGIBLE
DESTINATIONS
Validated end-user
Eligible items (by ECCN)
Eligible destination
*
*
*
Grace Semiconductor Manufacturing Corporation.
*
*
*
1C350.c.3, 1C350.d.7, 2B230, 2B350.d.2, 2B350.g.3,
2B350.i.4, 3B001.a.1, 3B001.b, 3B001.c, 3B001.d,
3B001.e, 3B001.f, 3B001.h, 3C002, 3C004, 5B002,
and 5E002 (limited to production technology for integrated circuits controlled by ECCNs 5A002 or 5A992
that have been successfully reviewed under the
encryption review process specified in sections
740.17(b)(2) or 740.17(b)(3) and 742.15 of the EAR;
Note also the guidance on cryptographic interfaces
(OCI) in section 740.17(b) of the EAR).
*
1399 Zuchongzhi Road
Zhangjiang Hi-Tech Park
Shanghai, PR China
201203.
*
*
China (People’s Republic
of)
*
Dated: January 12, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2010–725 Filed 1–14–10; 8:45 am]
BILLING CODE 3510–33–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Part 4022
Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions
for Valuing and Paying Benefits
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AGENCY: Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
SUMMARY: Pension Benefit Guaranty
Corporation’s regulation on Benefits
Payable in Terminated Single-Employer
Plans prescribes interest assumptions
for valuing and paying certain benefits
under terminating single-employer
plans. This final rule amends the benefit
payments regulation to adopt interest
assumptions for plans with valuation
dates in February 2010. Interest
assumptions are also published on
PBGC’s Web site (https://www.pbgc.gov).
DATES: Effective February 1, 2010.
VerDate Nov<24>2008
12:39 Jan 14, 2010
Jkt 220001
*
*
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion, Manager, Regulatory
and Policy Division, Legislative and
Regulatory Department, Pension Benefit
Guaranty Corporation, 1200 K Street,
NW., Washington, DC 20005, 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION: PBGC’s
regulations prescribe actuarial
assumptions—including interest
assumptions—for valuing and paying
plan benefits of terminating singleemployer plans covered by title IV of
the Employee Retirement Income
Security Act of 1974. The interest
assumptions are intended to reflect
current conditions in the financial and
annuity markets.
These interest assumptions are found
in two PBGC regulations: the regulation
on Benefits Payable in Terminated
Single-Employer Plans (29 CFR part
4022) and the regulation on Allocation
of Assets in Single-Employer Plans (29
CFR part 4044). Assumptions under the
asset allocation regulation are updated
quarterly; assumptions under the benefit
payments regulation are updated
monthly. This final rule updates only
the assumptions under the benefit
payments regulation.
PO 00000
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Fmt 4700
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*
*
Two sets of interest assumptions are
prescribed under the benefit payments
regulation: (1) a set for PBGC to use to
determine whether a benefit is payable
as a lump sum and to determine lumpsum amounts to be paid by PBGC (found
in Appendix B to Part 4022), and (2) a
set for private-sector pension
practitioners to refer to if they wish to
use lump-sum interest rates determined
using PBGC’s historical methodology
(found in Appendix C to Part 4022).
This amendment (1) adds to
Appendix B to Part 4022 the interest
assumptions for PBGC to use for its own
lump-sum payments in plans with
valuation dates during February 2010,
and (2) adds to Appendix C to Part 4022
the interest assumptions for privatesector pension practitioners to refer to if
they wish to use lump-sum interest rates
determined using PBGC’s historical
methodology for valuation dates during
February 2010.
The interest assumptions that PBGC
will use for its own lump-sum payments
(set forth in Appendix B to part 4022)
will be 2.75 percent for the period
during which a benefit is in pay status
and 4.00 percent during any years
preceding the benefit’s placement in pay
status. In comparison with the interest
assumptions in effect for January 2010,
these interest assumptions represent an
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]]>Agencies
[Federal Register Volume 75, Number 10 (Friday, January 15, 2010)]
[Rules and Regulations]
[Pages 2435-2437]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-725]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 0908111226-91431-01]
RIN 0694-AE70
Addition to the List of Validated End-Users in the People's
Republic of China (PRC)
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 an entity to
the list of validated 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). Specifically, this
rule amends the EAR to add one additional validated end-user and
identifies eligible items for export and reexport and transfer (in-
country) to one facility 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.
DATES: This rule is effective January 15, 2010. 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-AE70, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE70'' 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-AE70.
[[Page 2436]]
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-AE70)--all comments on the
latter 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 Street & Pennsylvania Avenue, NW.,
Washington, DC 20230; by telephone (202) 482-3343, or by e-mail to
bscott@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User (VEU): The List of Approved End-Users,
Eligible Items and Destinations in the PRC
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'' 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 eligible destinations that have a
record of using such items responsibly. Currently, there are two
eligible destinations, the People's Republic of China (PRC) and India.
Validated end-users 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 Validated End-User in the PRC and Its Respective ``Eligible
Items (By ECCN)'' and ``Eligible Destination''
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
validated end-user and to identify the items that may be exported,
reexported or transferred to it under Authorization VEU. This new entry
is for Grace Semiconductor Manufacturing Corporation. It lists Export
Control Classification Numbers (ECCNs) 1C350.c.3, 1C350.d.7, 2B230,
2B350.d.2, 2B350.g.3, 2B350.i.4, 3B001.a.1, 3B001.b, 3B001.c, 3B001.d,
3B001.e, 3B001.f, 3B001.h, 3C002, 3C004, 5B002, and 5E002 (limited to
production technology for integrated circuits controlled by ECCNs 5A002
or 5A992 that have been successfully reviewed under the encryption
review process specified in sections 740.17(b)(2) or 740.17(b)(3) and
742.15 of the EAR; Note also the guidance on cryptographic interfaces
(OCI) in section 740.17(b) of the EAR) under ``Eligible Items (By
ECCN),'' and includes the following facility name and address under
``Eligible Destination'': Grace Semiconductor Manufacturing
Corporation, 1399 Zuchongzhi Road, Zhangjiang Hi-Tech Park, Shanghai,
PR China 20123.
With the publication of this final rule, the total number of
validated end-users in the PRC is six, and the total number of eligible
facilities in the PRC is sixteen. The validated end-users 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 validated end-user 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 validated end-users 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 validated end-users 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 August 13, 2009 (74 FR 41325 (Aug. 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.
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 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. Pursuant to 5 U.S.C. 553(a)(1), 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. 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
[[Page 2437]]
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 August 13, 2009, 74
FR 41325 (August 14, 2009).
0
2. Supplement No. 7 to Part 748 is amended by adding an entry under
``China (People's Republic of)'' in alphabetical order to read as
follows:
SUPPLEMENT NO. 7 TO PART 748--AUTHORIZATION VALIDATED END-USER (VEU);
LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT,
REEXPORT AND TRANSFER AND ELIGIBLE DESTINATIONS
----------------------------------------------------------------------------------------------------------------
Country Validated end-user Eligible items (by ECCN) Eligible destination
----------------------------------------------------------------------------------------------------------------
China (People's Republic of)
* * * * * * *
Grace Semiconductor 1C350.c.3, 1C350.d.7, 1399 Zuchongzhi Road
Manufacturing 2B230, 2B350.d.2, Zhangjiang Hi-Tech
Corporation. 2B350.g.3, 2B350.i.4, Park Shanghai, PR
3B001.a.1, 3B001.b, China 201203.
3B001.c, 3B001.d, 3B001.e,
3B001.f, 3B001.h, 3C002,
3C004, 5B002, and 5E002
(limited to production
technology for integrated
circuits controlled by
ECCNs 5A002 or 5A992 that
have been successfully
reviewed under the
encryption review process
specified in sections
740.17(b)(2) or
740.17(b)(3) and 742.15 of
the EAR; Note also the
guidance on cryptographic
interfaces (OCI) in
section 740.17(b) of the
EAR).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: January 12, 2010.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2010-725 Filed 1-14-10; 8:45 am]
BILLING CODE 3510-33-P
