Additions and Revisions to the List of Validated End-Users in the People's Republic of China: CSMC Technologies Corporation and Advanced Micro Devices China, Inc., 2802-2805 [2011-920]
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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations
Impacts: Policies and Procedures.’’ This
airspace action is not expected to cause
any potentially significant
environmental impacts, and no
extraordinary circumstances exist that
warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.9U,
Airspace Designations and Reporting
Points, signed August 18, 2010, and
effective September 15, 2010, is
amended as follows:
■
Paragraph 7005 Alaskan High Altitude
Reporting Points.
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BORAN, AK
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TOVAD, AK
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[Removed]
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[New]
Issued in Washington, DC on January 7,
2011.
Edith V. Parish,
Manager, Airspace Regulation and ATC
Procedures Group.
[FR Doc. 2011–827 Filed 1–14–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 77
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[Docket No. FAA–2006–25002; Amendment
No. 77–13–A]
RIN 2120–AH31
Safe, Efficient Use and Preservation of
the Navigable Airspace; Correction
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
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The FAA is correcting the
regulation addressing the effective date
of FAA determinations issued under 14
CFR part 77. The FAA amended this
regulation by final rule published on
July 21, 2010. The purpose of the final
rule was to update the regulations
governing objects that may affect the
navigable airspace, to incorporate case
law and legislative action, and to
simplify the rule language. In one
section of the regulations, we
inadvertently state that the effective
date of all determinations is 40 days
from the date of issuance. However,
only FAA determinations subject to the
discretionary review process are
effective 40 days from the date of
issuance. All other FAA determinations
are effective upon issuance. This
document corrects that error.
DATES: Effective January 18, 2011.
FOR FURTHER INFORMATION CONTACT:
Ellen Crum, Air Traffic Organization,
Airspace, Regulations and ATC
Procedures Group, 800 Independence
Ave., SW., Washington, DC 20591. (202)
267–8783; e-mail: ellen.crum@faa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On July 21, 2010 (75 FR 42296), we
published a final rule that updated the
FAA’s notice and obstruction standards
requirements in Title 14 of the Code of
Federal Regulations (14 CFR) part 77.
These regulations had not been updated
in many years, and we found it
necessary to update them to incorporate
case law and legislative action, and to
simplify the rule language.
In the preamble discussion for the
Notice of Proposed Rulemaking, the
FAA proposed and subsequently
adopted in the final rule that a
Determination of Hazard or a
Determination of No Hazard will
become effective 40 days from the date
of issuance, unless a petition for
discretionary review is filed and
received by the FAA within 30 days
from the date of issuance. (See 71 FR
34028, 34037 and 75 FR 42296,
respectively, published on June 13, 2006
and July 21, 2010.) Consequently,
§ 77.33(a), as adopted in the final rule,
states ‘‘A determination issued under
this subpart is effective 40 days after the
date of issuance, unless a petition for
discretionary review is received by the
FAA * * *’’
As written, this requirement
incorrectly applies to all FAA
determinations. The FAA’s intent was to
prevent a determination from becoming
effective in the event that a petition for
discretionary review was filed for a
particular aeronautical study. Section
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77.33(a) should have provided two
effective dates. For determinations that
are not subject to discretionary review,
the effective date continues to be the
date of issuance, which is consistent
with the current rule. For
determinations that are subject to the
discretionary review process, these
determinations will become effective 40
days from the date of issuance, unless
a petition for discretionary review has
been filed. Therefore, we find that
paragraph (a) of this section must be
corrected to provide the above two
effective dates.
Accordingly, in the final rule, FR Doc.
2010–17767, published on July 21, 2010
(75 FR 42296), make the following
corrections:
§ 77.33
[Corrected]
1. On page 42307, in the second
column, in § 77.33, the text of paragraph
(a) is corrected to read as follows:
■
§ 77.33 Effective period of determinations.
(a) The effective date of a determination
not subject to discretionary review under
77.37(b) is the date of issuance. The effective
date of all other determinations for a
proposed or existing structure is 40 days
from the date of issuance, provided a valid
petition for review has not been received by
the FAA. If a valid petition for review is
filed, the determination will not become
final, pending disposition of the petition.
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Issued in Washington, DC on January 12,
2011.
Pamela Hamilton-Powell,
Director, Office of Rulemaking.
[FR Doc. 2011–863 Filed 1–14–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 101129595–0635–01]
RIN 0694–AF07
Additions and Revisions to the List of
Validated End-Users in the People’s
Republic of China: CSMC
Technologies Corporation and
Advanced Micro Devices China, Inc.
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this final rule, the Bureau
of Industry and Security (BIS) amends
the Export Administration Regulations
(EAR) to add one end-user, CSMC
Technologies Corporation (CSMC), to
SUMMARY:
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Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations
the list of validated end-users in the
People’s Republic of China (PRC). With
this rule, exports, reexports, and
transfers (in-country) of certain items to
three CSMC facilities in the PRC are
now authorized under Authorization
Validated End-User. In this rule, BIS
also amends the EAR to revise the
validated end-user authorization for
Advanced Micro Devices China, Inc.
(AMD) in the PRC by amending the list
of buildings associated with one of the
company’s approved facilities and by
updating the description of items
eligible for export, reexport, or transfer
(in-country) to AMD’s approved
facilities.
This rule is effective January 18,
2011. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis.
DATES:
You may submit comments,
identified by RIN 0694–AF07, by any of
the following methods:
E-mail: publiccomments@bis.doc.gov.
Include ‘‘RIN 0694–AF07’’ 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–AF07.
ADDRESSES:
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–AF07). All
comments on the latter should be
submitted by one of the three methods
outlined above.
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FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
Security, U.S. Department of Commerce,
Phone: (202) 482–5991, Fax: (202) 482–
3911, E-mail: ERC@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’’ (VEUs) located
in eligible destinations to which eligible
items may be exported, reexported, or
transferred under a general
authorization instead of a license, in
conformance with section 748.15 of the
EAR. VEUs may obtain eligible items
that are on the Commerce Control List,
set forth in Supplement No. 1 to Part
774 of the EAR, without having to wait
for their suppliers to obtain export
licenses from BIS. Eligible items may
include commodities, software, and
technology, except those controlled for
missile technology or crime control
reasons.
Authorization VEU is a mechanism to
facilitate increased high-technology
exports to companies in eligible
destinations that have a verifiable
record of civilian end-uses for such
items. The VEUs listed in Supplement
No. 7 to Part 748 of the EAR 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. In addition to U.S. exporters,
Authorization VEU may be used by
foreign reexporters and by persons
transferring in-country, and it does not
have an expiration date. As of the date
of this rule, pursuant to section
748.15(b) of the EAR, VEUs are only
located in the PRC and India.
Addition of CSMC Technologies
Corporation to the List of Validated
End-Users in the PRC and CSMC
Technologies Corporation’s ‘‘Eligible
Items (by ECCN)’’ and ‘‘Eligible
Destinations’’
This final rule amends Supplement
No. 7 to Part 748 of the EAR to designate
CSMC Technologies Corporation
(CSMC) as a validated end-user, to
identify the eligible destinations of
CSMC (referred to as ‘‘Facilities’’), and to
identify the items that may be exported,
reexported, or transferred (in-country) to
CSMC’s specified eligible facilities
under Authorization VEU. The name
and address of this newly approved
VEU and the names and addresses of its
eligible facilities are as follows:
Validated End-User
CSMC Technologies Corporation
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Eligible Destinations for CSMC
Technologies Corporation
CSMC Technologies Fab 1 Co., Ltd., 14
Liangxi Road, Wuxi, Jiangsu 214061,
China.
CSMC Technologies Fab 2 Co., Ltd.,
Block 86, 87, Wuxi National Hi-New
Tech Industrial Development Zone,
Wuxi, Jiangsu 214061, China.
Wuxi CR Semiconductor Wafers and
Chips Co., Ltd., 14 Liangxi Road,
Wuxi, Jiangsu 214061, China.
Eligible Items That May Be Exported,
Reexported, or Transferred (In-Country)
to the Three ‘‘Eligible Destinations’’
Under CSMC Technologies
Corporation’s Validated End-User
Authorization
Items classified under Export Control
Classification Numbers 1C350.c.3,
1C350.c.11, 2B230.a, 2B230.b, 2B350.f,
2B350.g, 2B350.h, 3B001.c.1.a,
3B001.c.2.a, 3B001.e, 3C002.a, 3C004.
Revisions to the Authorization for
Validated End-User Advanced Micro
Devices China, Inc.
This final rule also amends
Supplement No. 7 to Part 748 of the
EAR by revising the list of Advanced
Micro Devices China, Inc.’s (AMD)
eligible facilities. Specifically, this rule
adds three new buildings to the facility
authorization for Advanced Micro
Devices (Shanghai) Co., Ltd. (AMD
Shanghai), which is one of AMD’s three
approved facilities. Accordingly, the
address for AMD Shanghai has been
amended by adding three new building
numbers and the revised address will
appear in Supplement No. 7 to Part 748
of the EAR. In addition, BIS is updating
the description of items eligible for
export, reexport, or transfer (in-country)
to AMD’s approved facilities in order to
provide clarification to persons
shipping under Authorization VEU.
This update makes AMD’s VEU listing
in the Code of Federal Regulations as
specific as possible. The revisions to the
authorization for validated end-user
AMD are as follows:
Name and Former Address of Facility
Advanced Micro Devices (Shanghai)
Co., Ltd., Riverfront Harbor, Building
48, Zhangjiang Hi-Tech Park, 1387
Zhangdong Rd., Pudong, Shanghai,
201203.
Name and Current Address of Facility
Advanced Micro Devices (Shanghai)
Co., Ltd., Buildings 46, 47, 48 & 49,
Riverfront Harbor, Zhangjiang HiTech Park, 1387 Zhangdong Rd.,
Pudong, Shanghai, 201203.
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Eligible Items That May Be Exported,
Reexported, or Transferred (In-Country)
to the Three ‘‘Eligible Destinations’’
Under Advanced Micro Devices China,
Inc., Validated End-User Authorization
Items classified under Export Control
Classification Numbers (ECCNs) 3D002,
3D003, 3E001 (limited to ‘‘technology’’
for items classified under 3C002 and
3C004 and ‘‘technology’’ for use during
the International Technology Roadmap
for Semiconductors (ITRS) process for
items classified under ECCNs 3B001
and 3B002), 3E002 (limited to
‘‘technology’’ for use during the ITRS
process for items classified under
ECCNs 3B001 and 3B002), 3E003.e
(limited to the ‘‘development’’ and
‘‘production’’ of integrated circuits for
commercial applications), 4D001,
4D002, 4D003 and 4E001 (limited to the
‘‘development’’ of products under ECCN
4A003).
The approval of CSMC as a validated
end-user and revision of AMD’s VEU
Authorization are expected to further
facilitate exports to civilian end-users in
the PRC, and to result in significant
savings of time and resources for
suppliers and the eligible facilities.
Authorization VEU eliminates the
burden on exporters and reexporters of
preparing individual license
applications, as exports, reexports, and
transfers (in-country) of eligible items to
these facilities may now be made under
general authorization instead of under
individual licenses. Under the VEU
program, exporters and reexporters can
supply VEUs in the PRC on a more
timely basis, thereby enhancing the
competitiveness of exporters,
reexporters, and end-users in the PRC.
To ensure appropriate facilitation of
exports and reexports, on-site reviews of
validated end-users may be warranted
pursuant to paragraph 748.15(f)(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 (the 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 12, 2010 (75 FR
50681 (August 16, 2010)), 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.
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Rulemaking Requirements
1. This final rule has been determined
to be not significant for the purposes of
Executive Order 12866.
2. This rule involves collections
previously approved by the Office of
Management and Budget (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
for recordkeeping, reporting and review
requirements in connection with
Authorization VEU, 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 of 1995 (44
U.S.C. 3501 et seq.) (PRA) and OMB
Control Number 0694–0088 are not
expected to increase significantly as a
result of this rule.
Notwithstanding any other provisions
of law, no person is required to respond
nor be subject to a penalty for failure to
comply with a collection of information,
subject to the requirements of the PRA,
unless that collection of information
displays a currently valid OMB Control
Number.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. Pursuant to the Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive
requirements that the rule be subject to
notice and the opportunity for public
comment because such notice and
comment here are unnecessary. In
determining whether to grant VEU
designations, a committee of U.S.
Government agencies evaluates
information about candidate companies
and commitments made by candidate
companies, the nature and terms of
which are set forth in 15 CFR Part 748,
Supplement No. 8. The criteria for
evaluation by the committee are set
forth in 15 CFR section 748.15(a)(2).
The information, commitments, and
criteria for this extensive review were
all established through the notice of
proposed rulemaking and public
comment process (71 FR 38313, July 2,
2006, and 72 FR 33646, June 19, 2007).
Given the similarities between the
authorizations provided under the VEU
program and export licenses (as
discussed further below), the
publication of this information does not
establish new policy; in publishing this
final rule, BIS is simply adding a VEU
within the established regulatory
framework of the VEU program. Further,
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this rule does not abridge the rights of
the public or eliminate the public’s
option to export under any of the forms
of authorization set forth in the EAR.
Publication of this rule in other than
final form is unnecessary because the
authorization granted in the rule is
similar to that granted to exporters for
individual licenses, which do not
undergo public review. Individual
license application applicants and VEU
authorization applicants both provide
the U.S. Government with confidential
business information. This information
is extensively reviewed according to the
criteria for VEU authorizations, as set
out in 15 CFR section 748.15(a)(2). As
with individual export licenses, an
interagency committee, drawing on
public and non-public sources,
including licensing data, and measured
against the VEU authorization criteria,
vets VEU applications. The
authorizations granted under the VEU
program, and through individual export
licenses, involve interagency
deliberation according to set criteria.
Given the thorough nature of the review,
and in light of the parallels between this
process and the non-public review of
license applications, public comment on
this authorization prior to publication is
unnecessary. Moreover, as noted above,
the criteria and process for authorizing
VEUs were developed with public
comments; allowing additional public
comment on this individual VEU
authorization, which was determined
according to those criteria, is therefore
unnecessary.
Section 553(d) of the APA generally
provides that rules may not take effect
earlier than 30 days after they are
published in the Federal Register.
However, section 553(d)(1) of the APA
provides that a substantive rule which
grants or recognizes an exemption or
relieves a restriction, may take effect
earlier. Today’s final rule grants an
exemption from licensing procedures
and thus is effective immediately.
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 under the APA or by any other
law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) are not applicable and no
regulatory flexibility analysis has been
prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
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Accordingly, part 748 of the EAR (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 12, 2010, 75 FR 50681 (August 16,
2010).
‘‘China (People’s Republic of)’’ to read as
follows:
2. Supplement No. 7 to Part 748 is
amended:
■ a. By adding one entry, ‘‘CSMC
Technologies Corporation’’, for ‘‘China
(People’s Republic of)’’ in alphabetical
order; and
■ b. By revising the entry for ‘‘Advanced
Micro Devices (Shanghai) Co., Ltd.’’ for
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
■
Country
Validated end-user
Eligible items (by ECCN)
Eligible destination
China (People’s
Republic of).
Advanced Micro Devices China, Inc. .......................
3D002, 3D003, 3E001 (limited to
‘‘technology’’ for items classified
under 3C002 and 3C004 and
‘‘technology’’ for use during the
International Technology Roadmap for Semiconductors (ITRS)
process for items classified
under ECCNs 3B001 and
3B002), 3E002 (limited to
‘‘technology’’ for use during the
ITRS process for items classified under ECCNs 3B001 and
3B002), 3E003.e (limited to the
‘‘development’’ and ‘‘production’’
of integrated circuits for commercial applications), 4D001,
4D002, 4D003 and 4E001 (limited to the ‘‘development’’ of
products under ECCN 4A003).
AMD Technologies (China) Co.,
Ltd., No. 88, Su Tong Road,
Suzhou, China 215021.
Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47,
48 & 49, River Front Harbor,
Zhangjiang Hi-Tech Park, 1387
Zhangdong
Rd.,
Pudong,
Shanghai, 201203.
AMD Technology Development
(Beijing) Co., Ltd., 18F, North
Building, Raycom Infotech, Park
Tower C, No. 2 Science Institute South Rd., Zhong Guan
Cun, Haidian District, Beijing,
China 100190.
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CSMC Technologies Corporation ............................. 1C350.c.3, 1C350.c.11, 2B230.a,
2B230.b, 2B350.f, 2B350.g,
2B350.h,
3B001.c.1.a,
3B001.c.2.a, 3B001.e, 3C002.a,
3C004.
*
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CSMC Technologies Fab 1 Co.,
Ltd., 14 Liangxi Road, Wuxi,
Jiangsu 214061, China.
CSMC, Technologies Fab 2 Co.,
Ltd., Block 86, 87, Wuxi National Hi-New Tech Industrial
Development
Zone,
Wuxi,
Jiangsu 214061, China.
Wuxi CR Semiconductor Wafers
and Chips Co., Ltd., 14 Liangxi
Road, Wuxi, Jiangsu 214061,
China.
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Dated: January 11, 2011.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
BILLING CODE 3510–33–P
SECURITIES AND EXCHANGE
COMMISSION
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17 CFR Part 200
[Release No. 34–63699]
Delegation of Authority to the Chief
Accountant
Securities and Exchange
Commission.
ACTION: Final rule.
AGENCY:
13:37 Jan 14, 2011
*
The Securities and Exchange
Commission is amending its rules to
delegate authority to the Chief
Accountant with respect to proposed
rule changes of the Public Company
Accounting Oversight Board pursuant to
Section 107 of the Sarbanes-Oxley Act
of 2002 and Section 19(b) of the
Securities Exchange Act of 1934, as
follows: To publish notices of proposed
rule changes filed by the PCAOB; to
approve or disapprove a proposed rule
change; and to temporarily suspend a
proposed rule of the PCAOB. In
addition, the Commission is amending
its rules to delegate authority to the
Chief Accountant to determine the
appropriateness of extending the time
periods specified in Section 19(b) and
publish the reasons for such
determination as well as to effect any
SUMMARY:
[FR Doc. 2011–920 Filed 1–14–11; 8:45 am]
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such extension and to institute
proceedings to determine whether to
disapprove a proposal and to provide to
the PCAOB notice of the grounds for
disapproval under consideration, and to
find good cause to approve a proposal
on an accelerated basis and to publish
the reasons for such determination. This
delegation is intended to conserve
Commission resources and to maintain
the effectiveness and efficiency of the
Commission’s PCAOB proposed rule
filing process.
DATES:
Effective Date: January 18, 2011.
FOR FURTHER INFORMATION CONTACT:
Jeffrey S. Cohan, Senior Special
Counsel, or John F. Offenbacher, Senior
Associate Chief Accountant, at (202)
551–5300, Office of the Chief
Accountant, Securities and Exchange
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]]>Agencies
[Federal Register Volume 76, Number 11 (Tuesday, January 18, 2011)]
[Rules and Regulations]
[Pages 2802-2805]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-920]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 101129595-0635-01]
RIN 0694-AF07
Additions and Revisions to the List of Validated End-Users in the
People's Republic of China: CSMC Technologies Corporation and Advanced
Micro Devices China, Inc.
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to add one end-user,
CSMC Technologies Corporation (CSMC), to
[[Page 2803]]
the list of validated end-users in the People's Republic of China
(PRC). With this rule, exports, reexports, and transfers (in-country)
of certain items to three CSMC facilities in the PRC are now authorized
under Authorization Validated End-User. In this rule, BIS also amends
the EAR to revise the validated end-user authorization for Advanced
Micro Devices China, Inc. (AMD) in the PRC by amending the list of
buildings associated with one of the company's approved facilities and
by updating the description of items eligible for export, reexport, or
transfer (in-country) to AMD's approved facilities.
DATES: This rule is effective January 18, 2011. 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-AF07, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-AF07'' 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-AF07.
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-AF07). All comments on the latter
should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Office of the Assistant Secretary, Export
Administration, Bureau of Industry and Security, U.S. Department of
Commerce, Phone: (202) 482-5991, Fax: (202) 482-3911, E-mail:
ERC@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'' (VEUs) located in eligible destinations to
which eligible items may be exported, reexported, or transferred under
a general authorization instead of a license, in conformance with
section 748.15 of the EAR. VEUs may obtain eligible items that are on
the Commerce Control List, set forth in Supplement No. 1 to Part 774 of
the EAR, without having to wait for their suppliers to obtain export
licenses from BIS. Eligible items may include commodities, software,
and technology, except those controlled for missile technology or crime
control reasons.
Authorization VEU is a mechanism to facilitate increased high-
technology exports to companies in eligible destinations that have a
verifiable record of civilian end-uses for such items. The VEUs listed
in Supplement No. 7 to Part 748 of the EAR 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. In addition
to U.S. exporters, Authorization VEU may be used by foreign reexporters
and by persons transferring in-country, and it does not have an
expiration date. As of the date of this rule, pursuant to section
748.15(b) of the EAR, VEUs are only located in the PRC and India.
Addition of CSMC Technologies Corporation to the List of Validated End-
Users in the PRC and CSMC Technologies Corporation's ``Eligible Items
(by ECCN)'' and ``Eligible Destinations''
This final rule amends Supplement No. 7 to Part 748 of the EAR to
designate CSMC Technologies Corporation (CSMC) as a validated end-user,
to identify the eligible destinations of CSMC (referred to as
``Facilities''), and to identify the items that may be exported,
reexported, or transferred (in-country) to CSMC's specified eligible
facilities under Authorization VEU. The name and address of this newly
approved VEU and the names and addresses of its eligible facilities are
as follows:
Validated End-User
CSMC Technologies Corporation
Eligible Destinations for CSMC Technologies Corporation
CSMC Technologies Fab 1 Co., Ltd., 14 Liangxi Road, Wuxi, Jiangsu
214061, China.
CSMC Technologies Fab 2 Co., Ltd., Block 86, 87, Wuxi National Hi-New
Tech Industrial Development Zone, Wuxi, Jiangsu 214061, China.
Wuxi CR Semiconductor Wafers and Chips Co., Ltd., 14 Liangxi Road,
Wuxi, Jiangsu 214061, China.
Eligible Items That May Be Exported, Reexported, or Transferred (In-
Country) to the Three ``Eligible Destinations'' Under CSMC Technologies
Corporation's Validated End-User Authorization
Items classified under Export Control Classification Numbers
1C350.c.3, 1C350.c.11, 2B230.a, 2B230.b, 2B350.f, 2B350.g, 2B350.h,
3B001.c.1.a, 3B001.c.2.a, 3B001.e, 3C002.a, 3C004.
Revisions to the Authorization for Validated End-User Advanced Micro
Devices China, Inc.
This final rule also amends Supplement No. 7 to Part 748 of the EAR
by revising the list of Advanced Micro Devices China, Inc.'s (AMD)
eligible facilities. Specifically, this rule adds three new buildings
to the facility authorization for Advanced Micro Devices (Shanghai)
Co., Ltd. (AMD Shanghai), which is one of AMD's three approved
facilities. Accordingly, the address for AMD Shanghai has been amended
by adding three new building numbers and the revised address will
appear in Supplement No. 7 to Part 748 of the EAR. In addition, BIS is
updating the description of items eligible for export, reexport, or
transfer (in-country) to AMD's approved facilities in order to provide
clarification to persons shipping under Authorization VEU. This update
makes AMD's VEU listing in the Code of Federal Regulations as specific
as possible. The revisions to the authorization for validated end-user
AMD are as follows:
Name and Former Address of Facility
Advanced Micro Devices (Shanghai) Co., Ltd., Riverfront Harbor,
Building 48, Zhangjiang Hi-Tech Park, 1387 Zhangdong Rd., Pudong,
Shanghai, 201203.
Name and Current Address of Facility
Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47, 48 & 49,
Riverfront Harbor, Zhangjiang Hi-Tech Park, 1387 Zhangdong Rd., Pudong,
Shanghai, 201203.
[[Page 2804]]
Eligible Items That May Be Exported, Reexported, or Transferred (In-
Country) to the Three ``Eligible Destinations'' Under Advanced Micro
Devices China, Inc., Validated End-User Authorization
Items classified under Export Control Classification Numbers
(ECCNs) 3D002, 3D003, 3E001 (limited to ``technology'' for items
classified under 3C002 and 3C004 and ``technology'' for use during the
International Technology Roadmap for Semiconductors (ITRS) process for
items classified under ECCNs 3B001 and 3B002), 3E002 (limited to
``technology'' for use during the ITRS process for items classified
under ECCNs 3B001 and 3B002), 3E003.e (limited to the ``development''
and ``production'' of integrated circuits for commercial applications),
4D001, 4D002, 4D003 and 4E001 (limited to the ``development'' of
products under ECCN 4A003).
The approval of CSMC as a validated end-user and revision of AMD's
VEU Authorization are expected to further facilitate exports to
civilian end-users in the PRC, and to result in significant savings of
time and resources for suppliers and the eligible facilities.
Authorization VEU eliminates the burden on exporters and reexporters of
preparing individual license applications, as exports, reexports, and
transfers (in-country) of eligible items to these facilities may now be
made under general authorization instead of under individual licenses.
Under the VEU program, exporters and reexporters can supply VEUs in the
PRC on a more timely basis, thereby enhancing the competitiveness of
exporters, reexporters, and end-users in the PRC.
To ensure appropriate facilitation of exports and reexports, on-
site reviews of validated end-users may be warranted pursuant to
paragraph 748.15(f)(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 (the 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 12, 2010 (75 FR 50681 (August 16,
2010)), 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. This rule involves collections previously approved by the Office
of Management and Budget (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 VEU,
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 of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control
Number 0694-0088 are not expected to increase significantly as a result
of this rule.
Notwithstanding any other provisions of law, no person is required
to respond nor be subject to a penalty for failure to comply with a
collection of information, subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
Control Number.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive requirements that the rule be
subject to notice and the opportunity for public comment because such
notice and comment here are unnecessary. In determining whether to
grant VEU designations, a committee of U.S. Government agencies
evaluates information about candidate companies and commitments made by
candidate companies, the nature and terms of which are set forth in 15
CFR Part 748, Supplement No. 8. The criteria for evaluation by the
committee are set forth in 15 CFR section 748.15(a)(2).
The information, commitments, and criteria for this extensive
review were all established through the notice of proposed rulemaking
and public comment process (71 FR 38313, July 2, 2006, and 72 FR 33646,
June 19, 2007). Given the similarities between the authorizations
provided under the VEU program and export licenses (as discussed
further below), the publication of this information does not establish
new policy; in publishing this final rule, BIS is simply adding a VEU
within the established regulatory framework of the VEU program.
Further, this rule does not abridge the rights of the public or
eliminate the public's option to export under any of the forms of
authorization set forth in the EAR.
Publication of this rule in other than final form is unnecessary
because the authorization granted in the rule is similar to that
granted to exporters for individual licenses, which do not undergo
public review. Individual license application applicants and VEU
authorization applicants both provide the U.S. Government with
confidential business information. This information is extensively
reviewed according to the criteria for VEU authorizations, as set out
in 15 CFR section 748.15(a)(2). As with individual export licenses, an
interagency committee, drawing on public and non-public sources,
including licensing data, and measured against the VEU authorization
criteria, vets VEU applications. The authorizations granted under the
VEU program, and through individual export licenses, involve
interagency deliberation according to set criteria. Given the thorough
nature of the review, and in light of the parallels between this
process and the non-public review of license applications, public
comment on this authorization prior to publication is unnecessary.
Moreover, as noted above, the criteria and process for authorizing VEUs
were developed with public comments; allowing additional public comment
on this individual VEU authorization, which was determined according to
those criteria, is therefore unnecessary.
Section 553(d) of the APA generally provides that rules may not
take effect earlier than 30 days after they are published in the
Federal Register. However, section 553(d)(1) of the APA provides that a
substantive rule which grants or recognizes an exemption or relieves a
restriction, may take effect earlier. Today's final rule grants an
exemption from licensing procedures and thus is effective immediately.
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 under the APA or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable and no regulatory flexibility analysis has been
prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
[[Page 2805]]
Accordingly, part 748 of the EAR (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 12, 2010, 75
FR 50681 (August 16, 2010).
0
2. Supplement No. 7 to Part 748 is amended:
0
a. By adding one entry, ``CSMC Technologies Corporation'', for ``China
(People's Republic of)'' in alphabetical order; and
0
b. By revising the entry for ``Advanced Micro Devices (Shanghai) Co.,
Ltd.'' for ``China (People's Republic of)'' 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
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Eligible items (by
Country Validated end-user ECCN) Eligible destination
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China (People's Republic of).. Advanced Micro Devices China, 3D002, 3D003, 3E001 AMD Technologies
Inc.. (limited to (China) Co., Ltd.,
``technology'' for No. 88, Su Tong Road,
items classified Suzhou, China 215021.
under 3C002 and 3C004 Advanced Micro Devices
and ``technology'' (Shanghai) Co., Ltd.,
for use during the Buildings 46, 47, 48
International & 49, River Front
Technology Roadmap Harbor, Zhangjiang Hi-
for Semiconductors Tech Park, 1387
(ITRS) process for Zhangdong Rd.,
items classified Pudong, Shanghai,
under ECCNs 3B001 and 201203.
3B002), 3E002 AMD Technology
(limited to Development (Beijing)
``technology'' for Co., Ltd., 18F, North
use during the ITRS Building, Raycom
process for items Infotech, Park Tower
classified under C, No. 2 Science
ECCNs 3B001 and Institute South Rd.,
3B002), 3E003.e Zhong Guan Cun,
(limited to the Haidian District,
``development'' and Beijing, China
``production'' of 100190.
integrated circuits
for commercial
applications), 4D001,
4D002, 4D003 and
4E001 (limited to the
``development'' of
products under ECCN
4A003).
* * * * * * *
CSMC Technologies Corporation... 1C350.c.3, 1C350.c.11, CSMC Technologies Fab
2B230.a, 2B230.b, 1 Co., Ltd., 14
2B350.f, 2B350.g, Liangxi Road, Wuxi,
2B350.h, 3B001.c.1.a, Jiangsu 214061,
3B001.c.2.a, 3B001.e, China.
3C002.a, 3C004. CSMC, Technologies Fab
2 Co., Ltd., Block
86, 87, Wuxi National
Hi-New Tech
Industrial
Development Zone,
Wuxi, Jiangsu 214061,
China.
Wuxi CR Semiconductor
Wafers and Chips Co.,
Ltd., 14 Liangxi
Road, Wuxi, Jiangsu
214061, China.
* * * * * * *
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Dated: January 11, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-920 Filed 1-14-11; 8:45 am]
BILLING CODE 3510-33-P
