Amendment to Existing Validated End-User Authorizations for Applied Materials (China), Inc., Boeing Tianjin Composites Co. Ltd., CSMC Technologies Corporation, Lam Research Corporation, and Semiconductor Manufacturing International Corporation in the People's Republic of China, and for GE India Industrial Pvt. Ltd. in India, 10953-10958 [2012-4365]
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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations
2009–11–02; Amendment 39–15912 is
corrected as follows:
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GWN05AM0
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Issued in Burlington, Massachusetts, on
February 13, 2012.
Peter A. White,
Manager, Engine & Propeller Directorate,
Aircraft Certification Service.
[FR Doc. 2012–4285 Filed 2–23–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 110525297–1476–01]
RIN 0694–AF26
Amendment to Existing Validated EndUser Authorizations for Applied
Materials (China), Inc., Boeing Tianjin
Composites Co. Ltd., CSMC
Technologies Corporation, Lam
Research Corporation, and
Semiconductor Manufacturing
International Corporation in the
People’s Republic of China, and for GE
India Industrial Pvt. Ltd. in India
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to revise the existing
Authorization Validated End-User
(VEU) listings for five VEUs in the
People’s Republic of China (PRC) and
one VEU in India. For Applied Materials
(China), Inc. (AMAT), this rule amends
the eligible items AMAT may receive
under Authorization VEU. For Boeing
Tianjin Composites Co., Ltd. (BTC), this
rule amends the eligible items the
company may receive under
Authorization VEU and revises the
address of the eligible destination (i.e.,
facility) to which items may be
exported, reexported, or transferred (incountry) under Authorization VEU. For
CSMC Technologies Corporation
(CSMC), this rule revises the address of
one eligible destination. For Lam
Research Corporation (Lam), this rule
revises the list of facilities to which
eligible items may be exported,
reexported, or transferred (in-country)
under Authorization VEU. For
Semiconductor Manufacturing
International Corporation (SMIC), this
rule revises the list of eligible items that
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SUMMARY:
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may be exported, reexported, or
transferred (in-country) to SMIC under
Authorization VEU. Finally, this rule
revises the listed name for GE India to
GE India Industrial Pvt Ltd. (GE India),
amends the list of eligible items that
may be exported, reexported, or
transferred (in-country) to GE India
under Authorization VEU, and removes
one of the company’s eligible
destinations.
DATES: This rule is effective February
24, 2012.
FOR FURTHER INFORMATION CONTACT:
Karen Nies-Vogel, 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) 482–5991, by fax: (202)
482–3991 or email: ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
BIS amended the EAR in a final rule
on June 19, 2007 (72 FR 33646), creating
a new authorization for ‘‘validated endusers’’ (VEUs) located in eligible
destinations to which eligible items may
be exported, reexported, or transferred
(in-country) 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.
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. The
revisions to Supplement No. 7 to Part
748 set forth in this rule are being made
either at the request of the VEUs or
pursuant to the U.S. Government’s
periodic review of VEU authorizations,
and were approved by the End-User
Review Committee (ERC) following the
process set forth in Section 748.15 and
Supplement No. 9 to Part 748 of the
EAR.
Amendment to Existing Validated EndUser Authorizations in the PRC
Revision to the List of ‘‘Eligible Items’’
for Applied Materials (China), Inc.
Applied Materials (China), Inc.
(AMAT) was designated as a VEU on
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10953
October 19, 2007 (72 FR 59164).
Subsequently, AMAT’s VEU
authorization listing has been amended
to add additional facilities, modify the
items it is eligible to receive, and change
the company’s name (74 FR 19382 (Apr.
29, 2009) and 75 FR 27185 (May 14,
2010)). In this rule, BIS amends
Supplement No. 7 to Part 748 of the
EAR to add an additional Export Control
Classification Number (ECCN)
paragraph, ECCN 3B001.a, as an eligible
item for all eligible AMAT destinations.
Correction of Facility Address and
Revision to the List of ‘‘Eligible Items’’
for Boeing Tianjin Composites Co. Ltd.
BIS designated BHA Aero Composite
Parts Co. as a VEU on October 19, 2007
(72 FR 59164). On April 29, 2009, BIS
amended the authorization by changing
the name of the VEU to Boeing Tianjin
Composites Co., Ltd. (BTC) (74 FR
19382). In this rule, BIS amends
Supplement No. 7 to Part 748 of the
EAR to correct the spelling of the name
of the road on which BTC’s ‘‘Eligible
Destination’’ (i.e., facility) is located:
‘‘Heibei Road’’ will be revised to read
‘‘Hebei Road.’’ BIS also revises the list
of ‘‘Eligible Items (By ECCN)’’ that may
be exported, reexported, and transferred
(in-country) to BTC by removing ECCN
2B001.a from the parenthetical limiting
statement for ECCN 1E001. Pursuant to
the latter revision, the export, reexport
or transfer (in-country) of 1E001
‘‘technology,’’ according to the General
Technology Note, for the
‘‘development’’ or ‘‘production’’ of
items controlled by ECCN 2B001.a is no
longer authorized to BTC under
Authorization VEU. This amendment is
not the result of activities of concern by
BTC.
Revisions to the List of ‘‘Eligible
Destinations’’ for CSMC Technologies
Corporation
BIS designated CSMC Technologies
Corporation (CSMC) as a VEU on
January 18, 2011 (76 FR 2802).
Thereafter, on June 28, 2011, BIS
amended the list of CSMC’s eligible
items (76 FR 37364). This rule amends
Supplement No. 7 to Part 748 by
updating the address of CSMC
Technologies Fab 2 Co., Ltd., a CSMC
‘‘Eligible Destination.’’
Revisions to the List of ‘‘Eligible
Destinations’’ for Lam Research
Corporation
BIS designated Lam Research
Corporation (Lam) as a VEU on October
12, 2010 (75 FR 62462). This rule
amends Supplement No. 7 to Part 748
by adding three and updating six
addresses of the company’s list of
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facilities eligible to receive items under
Authorization VEU. The revised list of
‘‘Eligible Destinations’’ for Lam in
Supplement No. 7 to Part 748 is as
follows:
Eligible Destinations
Lam Research (Shanghai) Service Co.,
1st Floor, Area C, Hua Hong Science
& Technology Park, 177 Bi Bo Road,
Zhangjiang Hi-Tech Park, Pudong,
Shanghai, China 201203
Lam Research Shanghai Co., Ltd., No. 1
Jilong Rd., Room 424–2, Waigaoqiao
Free Trade Zone, Shanghai, China
200131
Lam Research International Sarl (Lam
Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd.,
No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China 201203
Lam Research International Sarl (Lam
Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain
(Shanghai) Co., Ltd., No. 55, Fei la
Road Waigaoqiao Free Trade Zone,
Pudong New Area, Shanghai, China
200131
Lam Research Service Co., Ltd. (Beijing
Branch), Room 1010, Zhaolin
Building, No. 15 Rong Hua Zhong
Road, BDA, Beijing, China 100176
Lam Research International Sarl (Lam
Beijing Warehouse), Beijing Lam
Electronics Tech Center, No. 8
Building, No. 1, Disheng North Street,
BDA, Beijing, China 100176
Lam Research Service Co., Ltd., Wuxi
Representative Office, Singapore
International Park, 6 #302, No. 89
Xing Chuang, 4 Road New District,
Wuxi, Jiangsu, China 214028
Lam Research International Sarl (Wuxi
EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., F1,
Area 4, No. 1, Plot J3, No. 5 Gaolang
East Road, Export Processing Zone,
Wuxi, China 214028
Lam Research Service Co., Ltd., Wuhan
Representative Office, No. 1
Guanshan Road, Donghu
Development Zone, Room E4–302,
Optical Valley Software Park, Wuhan,
Hubei, China 430074
Lam Research Semiconductor (Suzhou)
Co., Ltd. (Suzhou), A Division of Lam
Research International Sarl, A–2
Building, Export Processing Zone,
Suzhou New District, Jiangsu
Province, China 215151
Lam Research International Sarl (Lam
Beijing Warehouse), Building 3, No. 9
Ke Chuang Er Street, Beijing
Economic Technology Development
Zone, Beijing, China 100176
Lam Research International Sarl (Wuhan
TSS), c/o HMG Wuhan Logistic Co.,
Ltd., 1st—2nd Floor, No. 5 Building,
Hua Shi Yuan Er Road, Optical Valley
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Industry Park, East-Lake Hi-Tech
Development Zone, Wuhan City,
Hubei Province, China 430223
Revision to the List of ‘‘Eligible Items’’
for Semiconductor Manufacturing
International Corporation
BIS designated Semiconductor
Manufacturing International
Corporation (SMIC) as a VEU on
October 19, 2007 (72 FR 59164). Two
subsequent rules amended SMIC’s
eligible destinations (i.e., facilities) (75
FR 67029 (Nov. 1, 2010); 76 FR 69609
(Nov. 9, 2011)). In this rule, BIS amends
Supplement No. 7 to Part 748 of the
EAR by revising SMIC’s eligible items to
correspond with changes to an entry on
the Commerce Control List (Supplement
No. 1 to Part 774 of the EAR).
Specifically, ECCN 2B350.i.4 is being
replaced with ECCN 2B350.i.3 to
conform to the harmonization of
fluoropolymer classifications in the
EAR. BIS is also updating the citations
in the ‘‘Federal Register Citation’’
column in Supplement No. 7 to Part 748
for SMIC to include the citation for the
November 9, 2011, revision to SMIC’s
list of ‘‘Eligible Destinations’’ (76 FR
69609). This information was
inadvertently omitted from the
November 9 Notice.
Amendment to Existing Validated EndUser Authorization in India
Revision to the List of ‘‘Eligible Items’’
and Removal of One ‘‘Eligible
Destination’’ for GE India
BIS designated GE India as a VEU on
June 2, 2009 (74 FR 31620).
Subsequently, on December 23, 2009,
BIS amended the company’s list of
eligible destinations (74 FR 68147). In
this rule, BIS amends Supplement No.
7 to Part 748 of the EAR by changing the
company’s name listing from ‘‘GE
India’’ to ‘‘GE India Industrial Pvt Ltd.’’
and removing an unnecessary address
(AIFACS) from the ‘‘Eligible Items (By
ECCN)’’ column. In addition, this rule
amends the list of items eligible for
export, reexport and transfer (incountry) to GE India Industrial Pvt Ltd.
(GE India) by removing ECCN 2E983
from the list of eligible items for the GE
India Technology Centre Private
Limited (GEITC) eligible destination and
by adding ECCNs 2E003.f and 9E003.a.2
for all GE India eligible destinations.
With this amendment, all GE India
eligible destinations may receive the
same eligible items.
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
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(2002)), as extended most recently by
the Notice of August 12, 2011, 76 FR
50661 (August 16, 2011), 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. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be not
significant for 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 43.8 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 this 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.
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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations
Government agencies evaluates
information about 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
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 simply amends six VEU
authorizations by correcting names,
correcting addresses, revising ‘‘Eligible
Destinations,’’ and/or revising ‘‘Eligible
Items (By ECCN).’’ This has been done
within the established regulatory
framework of the Authorization 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
consistent with the authorizations
granted to exporters for individual
licenses (and amendments or revisions
thereof), which do not undergo public
review. Just as license applicants do,
VEU authorization applicants 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 748.15(a)(2).
Additionally, just as the interagency
reviews license applications, the
authorizations granted under the VEU
program involve interagency
deliberation and result from review of
public and non-public sources,
including licensing data, and the
measurement of such information
against the VEU authorization criteria.
Given the thorough nature of the review,
and in light of the parallels between the
VEU application review process and the
review of license applications, public
comment on this authorization and
subsequent amendments prior to
publication is unnecessary. Moreover,
because, as noted above, the criteria and
process for authorizing and
administering VEUs were developed
with public comments; allowing
additional public comment on this
amendment to an individual VEU
authorization, which was determined
according to those criteria, is
unnecessary.
Section 553(d) of the APA generally
provides that rules may not take effect
earlier than thirty (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
10955
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.
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, 2011, 76 FR 50661 (August 16,
2011).
2. Supplement No. 7 to Part 748 is
amended by revising the entries for
‘‘Applied Materials (China), Inc.’’,
‘‘Boeing Tianjin Composites Co. Ltd.’’,
‘‘CSMC Technologies Corporation’’,
‘‘Lam Research Corporation’’, and
‘‘Semiconductor Manufacturing
International Corporation’’ in ‘‘China
(People’s Republic of)’’, and the entry
for ‘‘GE India’’ in ‘‘India’’ 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
Validated
end-user
Country
Eligible items
(by ECCN)
Eligible destination
Federal Register citation
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2B006.b, 2B230, 2B350.g.3, 2B350.i,
3B001.a,
3B001.b,
3B001.c,
3B001.d, 3B001.e, 3B001.f, 3C001,
3C002, 3D002 (limited to ‘‘software’’
specially designed for the ‘‘use’’ of
stored program controlled items
classified under ECCN 3B001).
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Applied Materials South East Asia Pte.
Ltd.—Shanghai Depot, c/o Shanghai
Applied Materials, Technical Service
Center, No. 2667 Zuchongzhi Road,
Shanghai, China 201203.
Applied Materials South East Asia Pte.
Ltd.—Beijing Depot, c/o Beijing Applied Materials, Technical Service
Center, No. 1 North Di Sheng
Street, BDA, Beijing, China 100176.
Applied Materials South East Asia Pte.
Ltd.—Wuxi Depot, c/o Sinotrans
Jiangsu Fuchang, Logistics Co.,
Ltd., 1 Xi Qin Road, Wuxi Export
Processing Zone, Wuxi, Jiangsu,
China 214028.
Applied Materials South East Asia Pte.
Ltd.—Wuhan Depot, c/o Wuhan Optics Valley Import & Export Co., Ltd.,
No. 101 Guanggu Road, East Lake
High-Tec
Development
Zone,
Wuhan, Hubei, China 430074.
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72 FR 59164, 10/19/07.
74 FR 19382, 4/29/09.
75 FR 27185, 5/14/10.
77 FR [INSERT FR PAGE NUMBER]
2/24/12.
China (People’s Republic of).
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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations
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—Continued
Validated
end-user
Country
Eligible items
(by ECCN)
Boeing Tianjin
Composites Co.
Ltd.
CSMC Technologies Corporation.
Eligible destination
2B006.b, 2B230, 2B350.g.3, 2B350.i,
3B001.a,
3B001.b,
3B001.c,
3B001.d, 3B001.e, 3B001.f, 3C001,
3C002, 3D002 (limited to ‘‘software’’
specially designed for the ‘‘use’’ of
stored program controlled items
classified under ECCN 3B001), and
3E001 (limited to ‘‘technology’’ according to the General Technology
Note for the ‘‘development’’ or ‘‘production’’ of items controlled by
ECCN 3B001).
1A002.a, 1B001.f, 1C010.b, 1C010.e,
1D001 (limited to ‘‘software’’ specially designed or modified for the
‘‘development’’,
‘‘production’’
or
‘‘use’’ of equipment controlled by
1B001.f), 1E001 (limited to ‘‘technology’’ according to the General
Technology Note for the ‘‘development’’ or ‘‘production’’ of items controlled by 1A002.a, 1B001.f, and
1C010.b & .e), 2B001.b.2 (limited to
machine tools with accuracies no
better than (i.e., less than) 13 microns), 2B001.e, 2D001 (limited to
‘‘software,’’ other than that controlled by 2D002, specially designed
or modified for the ‘‘development’’,
‘‘production’’ or ‘‘use’’ of equipment
controlled
by
2B001.b.2
and
2B001.e), and 2D002 (limited to
‘‘software’’ for electronic devices,
even when residing in an electronic
device or system, enabling such devices or systems to function as a
‘‘numerical control’’ unit, capable of
coordinating simultaneously more
than 4 axes for ‘‘contouring control’’
controlled
by
2B001.b.2
and
2B001.e).
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, 3B001.h (except for multilayer masks with a phase shift layer
designed to produce ‘‘space qualified’’
semiconductor
devices),
3C002.a, and 3C004.
Federal Register citation
Applied Materials (China), Inc.—
Shanghai
Depot,
No.
2667,
Zuchongzhi Road, Shanghai, China
201203.
Applied Materials (China), Inc.—Beijing Depot, No. 1 North Di Sheng
Street, BDA, Beijing, China 100176.
Applied Materials (Xi’an) Ltd., No. 28
Xin Xi Ave., Xi’an High Tech Park
Export Processing Zone, Xi’an,
Shaanxi, China 710075.
Boeing Tianjin Composites Co. Ltd.,
No. 4–388 Hebei Road, Tanggu
Tianjin, China.
72 FR 59164, 10/19/07.
74 FR 19381, 4/29/09.
77 FR [INSERT FR PAGE NUMBER]
2/24/12.
CSMC Technologies Fab 1 Co., Ltd.,
14 Liangxi Road, Wuxi, Jiangsu
214061, China.
CSMC Technologies Fab 2 Co., Ltd.,
8 Xinzhou Rd., Wuxi National New
Hi-Tech
Industrial
Development
Zone, Wuxi, Jiangsu 214061, China.
76 FR 2802, 1/18/11.
76 FR 37634, 6/28/11.
77 FR [INSERT FR PAGE NUMBER]
2/24/12.
Wuxi CR Semiconductor Wafers and
Chips Co., Ltd., 14 Liangxi Road,
Wuxi, Jiangsu 214061, China.
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Lam Research
Corporation.
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2B230, 2B350.c, 2B350.d, 2B350.g,
2B350.h, 2B350.i, 3B001.c and
3B001.e (items classified under
ECCNs 3B001.c and 3B001.e are
limited to parts and components),
3D001 and 3D002 (items classified
under ECCNs 3D001 and 3D002
are limited to ‘‘software’’ specially
designed for the ‘‘use’’ of stored
program controlled items classified
under ECCN 3B001), and 3E001
(limited to ‘‘technology’’ according to
the General Technology Note for the
‘‘development’’ of equipment controlled by ECCN 3B001).
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Lam Research (Shanghai) Service 75 FR 62462, 10/12/10.
Co., 1st Floor, Area C, Hua Hong 77 FR [INSERT FR PAGE NUMBER]
Science & Technology Park, 177 Bi
2/24/12.
Bo Road, Zhangjiang Hi-Tech Park,
Pudong, Shanghai, China 201203.
Lam Research Shanghai Co., Ltd., No.
1 Jilong Rd., Room 424–2,
Waigaoqiao Free Trade Zone,
Shanghai, China 200131.
Lam Research International Sarl (Lam
Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd.,
No. 3869, Longdong Avenue,
Pudong New District, Shanghai,
China 201203.
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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations
10957
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—Continued
Country
Validated
end-user
Eligible items
(by ECCN)
rmajette on DSK2TPTVN1PROD with RULES
Semiconductor
Manufacturing
International
Corporation.
VerDate Mar<15>2010
14:50 Feb 23, 2012
Eligible destination
Items
controlled
under
ECCNs
1C350.c.3, 1C350.d.7, 2B006.b.1,
2B230,
2B350.d.2,
2B350.g.3,
2B350.i.3,
3B001.a,
3B001.b,
3B001.c,
3B001.d,
3B001.e,
3B001.f, 3C001, 3C002, 3C004,
5B002 and 5E002 (limited to ‘‘technology’’ according to the General
Technology Note for the ‘‘production’’ of integrated circuits controlled
by ECCN 5A002 that have been
classified by BIS as eligible for License Exception ENC under paragraph (b)(2) or (b)(3) of section
740.17 of the EAR, or classified by
BIS as a mass market item under
paragraph (b)(3) of section 742.15
of the EAR).
Jkt 226001
PO 00000
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Fmt 4700
Federal Register citation
Lam Research International Sarl (Lam
Shanghai Warehouse; WGQ Bonded Warehouse), c/o HMG Supply
Chain (Shanghai) Co., Ltd., No. 55,
Fei la Road, Waigaoqiao Free Trade
Zone, Pudong New Area, Shanghai,
China 200131.
Lam Research Service Co., Ltd. (Beijing Branch), Rm 1010, Zhaolin
Building No. 15, Rong Hua Zhong
Road, BDA, Beijing, China 100176.
Lam Research International Sarl (Lam
Beijing Warehouse), Beijing Lam
Electronics Tech Center, No. 8
Building, No. 1, Disheng North
Street, BDA, Beijing, China 100176.
Lam Research Service Co., Ltd., Wuxi
Representative Office, Singapore
International Park, 6 #302, No. 89
Xing Chuang, 4 Road, New District,
Wuxi, Jiangsu, China 214028.
Lam Research International Sarl (Wuxi
EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., F1,
Area 4, No. 1, Plot J3 No. 5,
Gaolang East Road, Export Processing Zone, Wuxi, China 214028.
Lam Research Service Co., Ltd.,
Wuhan Representative Office, No. 1
Guanshan Road, Donghu Development Zone, Room E4–302, Optical
Valley Software Park, Wuhan,
Hubei, China 430074.
Lam
Research
Semiconductor
(Suzhou) Co., Ltd. (Suzhou), A Division of Lam Research International
Sarl, A–2 Building, Export Processing Zone, Suzhou New District,
Jiangsu Province, China 215151.
Lam Research International Sarl (Lam
Beijing Warehouse), Building 3, No.
9 Ke Chuang Er Street, Beijing Economic Technology Development
Zone, Beijing, China 100176.
Lam Research International Sarl
(Wuhan TSS), c/o HMG Wuhan Logistic Co., Ltd., 1st–2nd Floor, No. 5
Building, Hua Shi Yuan Er Road,
Optical Valley Industry Park, Eastlake Hi-Tech Development Zone,
Wuhan City, Hubei Province, China
430223.
Semiconductor Manufacturing International (Shanghai) Corporation, 18
Zhang Jiang Rd., Pudong New
Area, Shanghai, China 201203.
Semiconductor Manufacturing International (Tianjin) Corporation, 19
Xing Hua Avenue, Xi Qing Economic Development Area, Tianjin,
China 300385.
Semiconductor Manufacturing International (Beijing) Corporation, No.
18 Wen Chang Road, Beijing Economic-Technological Development
Area, Beijing, China 100176.
Sfmt 4700
E:\FR\FM\24FER1.SGM
72 FR 59164, 10/19/07.
75 FR 67029, 11/1/10.
76 FR 69609, 11/9/11.
77 FR [INSERT FR PAGE NUMBER]
2/24/12.
24FER1
10958
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Rules and Regulations
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—Continued
Country
Validated
end-user
Eligible items
(by ECCN)
*
India ........................
*
GE India Industrial
Pvt Ltd.
*
*
1C002.a.1, 1C002.a.2, 1C002.b.1.a,
1C002.b.1.b,
1E001,
2E003.f,
9E003.a.1, 9E003.a.2, 9E003.a.4,
9E003.a.5, 9E003.a.6, 9E003.a.8,
and 9E003.c.
Dated: February 14, 2012.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2012–4365 Filed 2–23–12; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Economic Analysis
15 CFR Part 801
[110817508–2069–2]
RIN 0691–AA79
International Services Surveys: BE–
150, Quarterly Survey of Cross-Border
Credit, Debit, and Charge Card
Transactions
Bureau of Economic Analysis,
Commerce.
ACTION: Final rule.
AGENCY:
This final rule amends the
regulations of the Bureau of Economic
Analysis, Department of Commerce
(BEA) to add new entities that are
required to report information on the
BE–150, Quarterly Survey of CrossBorder Credit, Debit, and Charge Card
Transactions, to change the survey title,
and to collect data in greater detail.
Specifically, this rule expands the
covered entities to include companies
that operate debit networks based on a
personal identification number (PIN).
PIN-based debit network companies will
be required to report on cross-border
transactions between U.S. cardholders
traveling abroad and foreign businesses
and foreign cardholders traveling in the
United States and U.S. businesses. This
change improves the identification of
cross-border travel transactions. This
rule also changes the survey title from
Quarterly Survey of Cross-Border Credit,
Debit, and Charge Card Transactions to
Quarterly Survey of Payment Card and
Bank Card Transactions Related to
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
14:50 Feb 23, 2012
Jkt 226001
Eligible destination
*
*
*
GE India Technology Centre Private 74 FR 31620, 7/2/09.
Limited (GEITC), No. 122, EPIP, 74 FR 68147, 12/23/09.
Phase II, Hoodi Village, Whitefield 77 FR [INSERT FR PAGE NUMBER]
Road,
Bangalore
560066,
2/24/12.
Karnataka, India.
Bangalore Engineering Center (BEC),
c/o GE India Technology Centre Private Limited (GEITC), No. 122,
EPIP, Phase II Hoodi Village, Whitefield Road, Bangalore 560066,
Karnataka, India.
International Travel to reflect this
change to the regulations. In addition,
this rule makes certain changes to the
BE–150 form to collect data in greater
detail. The revised BE–150 survey will
be conducted on a quarterly basis
beginning with the first quarter of 2012.
DATES: The final rule is effective March
26, 2012.
FOR FURTHER INFORMATION CONTACT:
Chris Emond, Chief, Special Surveys
Branch, Balance of Payments Division
(BE–50), Bureau of Economic Analysis,
U.S. Department of Commerce,
Washington, DC 20230; email
Christopher.Emond@bea.gov; or phone
(202) 606–9826.
SUPPLEMENTARY INFORMATION: This rule
amends 15 CFR 801.9 to expand the
covered entities to include companies
that operate debit networks based on a
personal identification number (PIN).
To reflect this change to the regulations,
this final rule also changes the title of
the form from Quarterly Survey of
Cross-Border Credit, Debit, and Charge
Card Transactions to Quarterly Survey
of Payment Card and Bank Card
Transactions Related to International
Travel. In addition, this final rule
revises the BE–150 survey form to
collect certain data in greater detail.
In the October 28, 2011 issue of the
Federal Register (76 FR 66872–66874),
BEA published a notice of proposed
rulemaking that would amend 15 CFR
801.9(c)(7) to set forth the reporting
requirements for the BE–150, Quarterly
Survey of Cross-Border Credit, Debit,
and Charge Card Transactions. No
comments were received on the
proposed rule. Thus, the proposed rule
is adopted without change.
Description of Changes
This final rule amends 15 CFR
801.9(c)(7) to require companies that
operate PIN-based debit networks to
submit information on BE–150,
Quarterly Survey of Cross-Border Credit,
Debit, and Charge Card Transactions in
PO 00000
Frm 00016
Fmt 4700
Federal Register citation
Sfmt 4700
addition to U.S. credit card companies
that are required to complete the current
survey. These companies are required to
submit information on cross-border
transactions between (1) U.S.
cardholders traveling abroad and foreign
businesses and (2) foreign cardholders
traveling in the United States and U.S.
businesses. The revised BE–150 survey
is mandatory for all U.S. credit card
companies and PIN-based debit network
companies. The PIN-based debit
network companies have been added to
the list of required reporters to close a
gap in the coverage of international
travel transactions. This final rule also
changes the title of the form from
Quarterly Survey of Cross-Border Credit,
Debit, and Charge Card Transactions to
Quarterly Survey of Payment Card and
Bank Card Transactions Related to
International Travel to reflect the
change in companies that are required
to report.
BEA also revised the BE–150 survey
to collect in greater detail certain
information that was currently collected
on the BE–150. The revised survey
distinguishes between transactions
when the bank or payment card is
present at the point of sale and when
the bank or payment card is not present
at the point of sale. This change
improves the identification of crossborder travel transactions. In addition,
the revised survey disaggregates
transactions by spending category by
type of card—personal card, government
card, and business or corporate card.
This change provides the detail
necessary for BEA to publish U.S.
international travel statistics in
accordance with international economic
accounting guidelines.
Upon the effective date of this rule,
BEA will conduct the revised BE–150
on a quarterly basis, beginning with
transactions for the first quarter of 2012,
under the authority provided in the
International Investment and Trade in
Services Survey Act, 22 U.S.C. 3101–
E:\FR\FM\24FER1.SGM
24FER1
]]>Agencies
[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Rules and Regulations]
[Pages 10953-10958]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4365]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 110525297-1476-01]
RIN 0694-AF26
Amendment to Existing Validated End-User Authorizations for
Applied Materials (China), Inc., Boeing Tianjin Composites Co. Ltd.,
CSMC Technologies Corporation, Lam Research Corporation, and
Semiconductor Manufacturing International Corporation in the People's
Republic of China, and for GE India Industrial Pvt. Ltd. in India
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
Authorization Validated End-User (VEU) listings for five VEUs in the
People's Republic of China (PRC) and one VEU in India. For Applied
Materials (China), Inc. (AMAT), this rule amends the eligible items
AMAT may receive under Authorization VEU. For Boeing Tianjin Composites
Co., Ltd. (BTC), this rule amends the eligible items the company may
receive under Authorization VEU and revises the address of the eligible
destination (i.e., facility) to which items may be exported,
reexported, or transferred (in-country) under Authorization VEU. For
CSMC Technologies Corporation (CSMC), this rule revises the address of
one eligible destination. For Lam Research Corporation (Lam), this rule
revises the list of facilities to which eligible items may be exported,
reexported, or transferred (in-country) under Authorization VEU. For
Semiconductor Manufacturing International Corporation (SMIC), this rule
revises the list of eligible items that may be exported, reexported, or
transferred (in-country) to SMIC under Authorization VEU. Finally, this
rule revises the listed name for GE India to GE India Industrial Pvt
Ltd. (GE India), amends the list of eligible items that may be
exported, reexported, or transferred (in-country) to GE India under
Authorization VEU, and removes one of the company's eligible
destinations.
DATES: This rule is effective February 24, 2012.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, 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) 482-5991, by fax: (202) 482-3991 or email:
ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
BIS amended the EAR in a final rule on June 19, 2007 (72 FR 33646),
creating a new authorization for ``validated end-users'' (VEUs) located
in eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) 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.
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. The revisions to Supplement No. 7 to Part 748 set forth in
this rule are being made either at the request of the VEUs or pursuant
to the U.S. Government's periodic review of VEU authorizations, and
were approved by the End-User Review Committee (ERC) following the
process set forth in Section 748.15 and Supplement No. 9 to Part 748 of
the EAR.
Amendment to Existing Validated End-User Authorizations in the PRC
Revision to the List of ``Eligible Items'' for Applied Materials
(China), Inc.
Applied Materials (China), Inc. (AMAT) was designated as a VEU on
October 19, 2007 (72 FR 59164). Subsequently, AMAT's VEU authorization
listing has been amended to add additional facilities, modify the items
it is eligible to receive, and change the company's name (74 FR 19382
(Apr. 29, 2009) and 75 FR 27185 (May 14, 2010)). In this rule, BIS
amends Supplement No. 7 to Part 748 of the EAR to add an additional
Export Control Classification Number (ECCN) paragraph, ECCN 3B001.a, as
an eligible item for all eligible AMAT destinations.
Correction of Facility Address and Revision to the List of ``Eligible
Items'' for Boeing Tianjin Composites Co. Ltd.
BIS designated BHA Aero Composite Parts Co. as a VEU on October 19,
2007 (72 FR 59164). On April 29, 2009, BIS amended the authorization by
changing the name of the VEU to Boeing Tianjin Composites Co., Ltd.
(BTC) (74 FR 19382). In this rule, BIS amends Supplement No. 7 to Part
748 of the EAR to correct the spelling of the name of the road on which
BTC's ``Eligible Destination'' (i.e., facility) is located: ``Heibei
Road'' will be revised to read ``Hebei Road.'' BIS also revises the
list of ``Eligible Items (By ECCN)'' that may be exported, reexported,
and transferred (in-country) to BTC by removing ECCN 2B001.a from the
parenthetical limiting statement for ECCN 1E001. Pursuant to the latter
revision, the export, reexport or transfer (in-country) of 1E001
``technology,'' according to the General Technology Note, for the
``development'' or ``production'' of items controlled by ECCN 2B001.a
is no longer authorized to BTC under Authorization VEU. This amendment
is not the result of activities of concern by BTC.
Revisions to the List of ``Eligible Destinations'' for CSMC
Technologies Corporation
BIS designated CSMC Technologies Corporation (CSMC) as a VEU on
January 18, 2011 (76 FR 2802). Thereafter, on June 28, 2011, BIS
amended the list of CSMC's eligible items (76 FR 37364). This rule
amends Supplement No. 7 to Part 748 by updating the address of CSMC
Technologies Fab 2 Co., Ltd., a CSMC ``Eligible Destination.''
Revisions to the List of ``Eligible Destinations'' for Lam Research
Corporation
BIS designated Lam Research Corporation (Lam) as a VEU on October
12, 2010 (75 FR 62462). This rule amends Supplement No. 7 to Part 748
by adding three and updating six addresses of the company's list of
[[Page 10954]]
facilities eligible to receive items under Authorization VEU. The
revised list of ``Eligible Destinations'' for Lam in Supplement No. 7
to Part 748 is as follows:
Eligible Destinations
Lam Research (Shanghai) Service Co., 1st Floor, Area C, Hua Hong
Science & Technology Park, 177 Bi Bo Road, Zhangjiang Hi-Tech Park,
Pudong, Shanghai, China 201203
Lam Research Shanghai Co., Ltd., No. 1 Jilong Rd., Room 424-2,
Waigaoqiao Free Trade Zone, Shanghai, China 200131
Lam Research International Sarl (Lam Shanghai Warehouse), c/o HMG
Supply Chain (Shanghai) Co., Ltd., No. 3869, Longdong Avenue, Pudong
New District, Shanghai, China 201203
Lam Research International Sarl (Lam Shanghai Warehouse; WGQ Bonded
Warehouse), c/o HMG Supply Chain (Shanghai) Co., Ltd., No. 55, Fei la
Road Waigaoqiao Free Trade Zone, Pudong New Area, Shanghai, China
200131
Lam Research Service Co., Ltd. (Beijing Branch), Room 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road, BDA, Beijing, China 100176
Lam Research International Sarl (Lam Beijing Warehouse), Beijing Lam
Electronics Tech Center, No. 8 Building, No. 1, Disheng North Street,
BDA, Beijing, China 100176
Lam Research Service Co., Ltd., Wuxi Representative Office, Singapore
International Park, 6 302, No. 89 Xing Chuang, 4 Road New
District, Wuxi, Jiangsu, China 214028
Lam Research International Sarl (Wuxi EPZ Bonded Warehouse), c/o HMG
WHL Logistic (Wuxi) Co., Ltd., F1, Area 4, No. 1, Plot J3, No. 5
Gaolang East Road, Export Processing Zone, Wuxi, China 214028
Lam Research Service Co., Ltd., Wuhan Representative Office, No. 1
Guanshan Road, Donghu Development Zone, Room E4-302, Optical Valley
Software Park, Wuhan, Hubei, China 430074
Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou), A Division of
Lam Research International Sarl, A-2 Building, Export Processing Zone,
Suzhou New District, Jiangsu Province, China 215151
Lam Research International Sarl (Lam Beijing Warehouse), Building 3,
No. 9 Ke Chuang Er Street, Beijing Economic Technology Development
Zone, Beijing, China 100176
Lam Research International Sarl (Wuhan TSS), c/o HMG Wuhan Logistic
Co., Ltd., 1st--2nd Floor, No. 5 Building, Hua Shi Yuan Er Road,
Optical Valley Industry Park, East-Lake Hi-Tech Development Zone, Wuhan
City, Hubei Province, China 430223
Revision to the List of ``Eligible Items'' for Semiconductor
Manufacturing International Corporation
BIS designated Semiconductor Manufacturing International
Corporation (SMIC) as a VEU on October 19, 2007 (72 FR 59164). Two
subsequent rules amended SMIC's eligible destinations (i.e.,
facilities) (75 FR 67029 (Nov. 1, 2010); 76 FR 69609 (Nov. 9, 2011)).
In this rule, BIS amends Supplement No. 7 to Part 748 of the EAR by
revising SMIC's eligible items to correspond with changes to an entry
on the Commerce Control List (Supplement No. 1 to Part 774 of the EAR).
Specifically, ECCN 2B350.i.4 is being replaced with ECCN 2B350.i.3 to
conform to the harmonization of fluoropolymer classifications in the
EAR. BIS is also updating the citations in the ``Federal Register
Citation'' column in Supplement No. 7 to Part 748 for SMIC to include
the citation for the November 9, 2011, revision to SMIC's list of
``Eligible Destinations'' (76 FR 69609). This information was
inadvertently omitted from the November 9 Notice.
Amendment to Existing Validated End-User Authorization in India
Revision to the List of ``Eligible Items'' and Removal of One
``Eligible Destination'' for GE India
BIS designated GE India as a VEU on June 2, 2009 (74 FR 31620).
Subsequently, on December 23, 2009, BIS amended the company's list of
eligible destinations (74 FR 68147). In this rule, BIS amends
Supplement No. 7 to Part 748 of the EAR by changing the company's name
listing from ``GE India'' to ``GE India Industrial Pvt Ltd.'' and
removing an unnecessary address (AIFACS) from the ``Eligible Items (By
ECCN)'' column. In addition, this rule amends the list of items
eligible for export, reexport and transfer (in-country) to GE India
Industrial Pvt Ltd. (GE India) by removing ECCN 2E983 from the list of
eligible items for the GE India Technology Centre Private Limited
(GEITC) eligible destination and by adding ECCNs 2E003.f and 9E003.a.2
for all GE India eligible destinations. With this amendment, all GE
India eligible destinations may receive the same eligible items.
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, 2011, 76 FR 50661 (August 16,
2011), 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. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
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 43.8
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 this 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.
[[Page 10955]]
Government agencies evaluates information about 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 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 simply amends six VEU
authorizations by correcting names, correcting addresses, revising
``Eligible Destinations,'' and/or revising ``Eligible Items (By
ECCN).'' This has been done within the established regulatory framework
of the Authorization 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 consistent with the
authorizations granted to exporters for individual licenses (and
amendments or revisions thereof), which do not undergo public review.
Just as license applicants do, VEU authorization applicants 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 748.15(a)(2). Additionally, just
as the interagency reviews license applications, the authorizations
granted under the VEU program involve interagency deliberation and
result from review of public and non-public sources, including
licensing data, and the measurement of such information against the VEU
authorization criteria. Given the thorough nature of the review, and in
light of the parallels between the VEU application review process and
the review of license applications, public comment on this
authorization and subsequent amendments prior to publication is
unnecessary. Moreover, because, as noted above, the criteria and
process for authorizing and administering VEUs were developed with
public comments; allowing additional public comment on this amendment
to an individual VEU authorization, which was determined according to
those criteria, is unnecessary.
Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (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.
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, 2011, 76
FR 50661 (August 16, 2011).
2. Supplement No. 7 to Part 748 is amended by revising the entries
for ``Applied Materials (China), Inc.'', ``Boeing Tianjin Composites
Co. Ltd.'', ``CSMC Technologies Corporation'', ``Lam Research
Corporation'', and ``Semiconductor Manufacturing International
Corporation'' in ``China (People's Republic of)'', and the entry for
``GE India'' in ``India'' 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
----------------------------------------------------------------------------------------------------------------
Validated end- Eligible items Eligible Federal Register
Country user (by ECCN) destination citation
----------------------------------------------------------------------------------------------------------------
China (People's Republic of)....
* * * * * * *
Applied Materials 2B006.b, 2B230, Applied Materials 72 FR 59164, 10/19/
(China), Inc. 2B350.g.3, South East Asia 07.
2B350.i, 3B001.a, Pte. Ltd.-- 74 FR 19382, 4/29/
3B001.b, 3B001.c, Shanghai Depot, c/ 09.
3B001.d, 3B001.e, o Shanghai 75 FR 27185, 5/14/
3B001.f, 3C001, Applied 10.
3C002, 3D002 Materials, 77 FR [INSERT FR
(limited to Technical Service PAGE NUMBER] 2/24/
``software'' Center, No. 2667 12.
specially Zuchongzhi Road,
designed for the Shanghai, China
``use'' of stored 201203.
program Applied Materials
controlled items South East Asia
classified under Pte. Ltd.--
ECCN 3B001). Beijing Depot, c/
o Beijing Applied
Materials,
Technical Service
Center, No. 1
North Di Sheng
Street, BDA,
Beijing, China
100176.
Applied Materials
South East Asia
Pte. Ltd.--Wuxi
Depot, c/o
Sinotrans Jiangsu
Fuchang,
Logistics Co.,
Ltd., 1 Xi Qin
Road, Wuxi Export
Processing Zone,
Wuxi, Jiangsu,
China 214028.
Applied Materials
South East Asia
Pte. Ltd.--Wuhan
Depot, c/o Wuhan
Optics Valley
Import & Export
Co., Ltd., No.
101 Guanggu Road,
East Lake High-
Tec Development
Zone, Wuhan,
Hubei, China
430074.
[[Page 10956]]
Applied Materials
(China), Inc.--
Shanghai Depot,
No. 2667,
Zuchongzhi Road,
Shanghai, China
201203.
Applied Materials
(China), Inc.--
Beijing Depot,
No. 1 North Di
Sheng Street,
BDA, Beijing,
China 100176.
2B006.b, 2B230, Applied Materials
2B350.g.3, (Xi'an) Ltd., No.
2B350.i, 3B001.a, 28 Xin Xi Ave.,
3B001.b, 3B001.c, Xi'an High Tech
3B001.d, 3B001.e, Park Export
3B001.f, 3C001, Processing Zone,
3C002, 3D002 Xi'an, Shaanxi,
(limited to China 710075.
``software''
specially
designed for the
``use'' of stored
program
controlled items
classified under
ECCN 3B001), and
3E001 (limited to
``technology''
according to the
General
Technology Note
for the
``development''
or ``production''
of items
controlled by
ECCN 3B001).
Boeing Tianjin 1A002.a, 1B001.f, Boeing Tianjin 72 FR 59164, 10/19/
Composites Co. 1C010.b, 1C010.e, Composites Co. 07.
Ltd. 1D001 (limited to Ltd., No. 4-388 74 FR 19381, 4/29/
``software'' Hebei Road, 09.
specially Tanggu Tianjin, 77 FR [INSERT FR
designed or China. PAGE NUMBER] 2/24/
modified for the 12.
``development'',
``production'' or
``use'' of
equipment
controlled by
1B001.f), 1E001
(limited to
``technology''
according to the
General
Technology Note
for the
``development''
or ``production''
of items
controlled by
1A002.a, 1B001.f,
and 1C010.b &
.e), 2B001.b.2
(limited to
machine tools
with accuracies
no better than
(i.e., less than)
13 microns),
2B001.e, 2D001
(limited to
``software,''
other than that
controlled by
2D002, specially
designed or
modified for the
``development'',
``production'' or
``use'' of
equipment
controlled by
2B001.b.2 and
2B001.e), and
2D002 (limited to
``software'' for
electronic
devices, even
when residing in
an electronic
device or system,
enabling such
devices or
systems to
function as a
``numerical
control'' unit,
capable of
coordinating
simultaneously
more than 4 axes
for ``contouring
control''
controlled by
2B001.b.2 and
2B001.e).
CSMC Technologies 1C350.c.3, CSMC Technologies 76 FR 2802, 1/18/
Corporation. 1C350.c.11, Fab 1 Co., Ltd., 11.
2B230.a, 2B230.b, 14 Liangxi Road, 76 FR 37634, 6/28/
2B350.f, 2B350.g, Wuxi, Jiangsu 11.
2B350.h, 214061, China. 77 FR [INSERT FR
3B001.c.1.a, CSMC Technologies PAGE NUMBER] 2/24/
3B001.c.2.a, Fab 2 Co., Ltd., 12.
3B001.e, 3B001.h 8 Xinzhou Rd.,
(except for Wuxi National New
multilayer masks Hi-Tech
with a phase Industrial
shift layer Development Zone,
designed to Wuxi, Jiangsu
produce ``space 214061, China.
qualified''
semiconductor
devices),
3C002.a, and
3C004.
Wuxi CR ..................
Semiconductor
Wafers and Chips
Co., Ltd., 14
Liangxi Road,
Wuxi, Jiangsu
214061, China.
* * * * * * *
Lam Research 2B230, 2B350.c, Lam Research 75 FR 62462, 10/12/
Corporation. 2B350.d, 2B350.g, (Shanghai) 10.
2B350.h, 2B350.i, Service Co., 1st 77 FR [INSERT FR
3B001.c and Floor, Area C, PAGE NUMBER] 2/24/
3B001.e (items Hua Hong Science 12.
classified under & Technology
ECCNs 3B001.c and Park, 177 Bi Bo
3B001.e are Road, Zhangjiang
limited to parts Hi-Tech Park,
and components), Pudong, Shanghai,
3D001 and 3D002 China 201203.
(items classified Lam Research
under ECCNs 3D001 Shanghai Co.,
and 3D002 are Ltd., No. 1
limited to Jilong Rd., Room
``software'' 424-2, Waigaoqiao
specially Free Trade Zone,
designed for the Shanghai, China
``use'' of stored 200131.
program Lam Research
controlled items International
classified under Sarl (Lam
ECCN 3B001), and Shanghai
3E001 (limited to Warehouse), c/o
``technology'' HMG Supply Chain
according to the (Shanghai) Co.,
General Ltd., No. 3869,
Technology Note Longdong Avenue,
for the Pudong New
``development'' District,
of equipment Shanghai, China
controlled by 201203.
ECCN 3B001).
[[Page 10957]]
Lam Research
International
Sarl (Lam
Shanghai
Warehouse; WGQ
Bonded
Warehouse), c/o
HMG Supply Chain
(Shanghai) Co.,
Ltd., No. 55, Fei
la Road,
Waigaoqiao Free
Trade Zone,
Pudong New Area,
Shanghai, China
200131.
Lam Research
Service Co., Ltd.
(Beijing Branch),
Rm 1010, Zhaolin
Building No. 15,
Rong Hua Zhong
Road, BDA,
Beijing, China
100176.
Lam Research
International
Sarl (Lam Beijing
Warehouse),
Beijing Lam
Electronics Tech
Center, No. 8
Building, No. 1,
Disheng North
Street, BDA,
Beijing, China
100176.
Lam Research
Service Co.,
Ltd., Wuxi
Representative
Office, Singapore
International
Park, 6 302, No. 89
Xing Chuang, 4
Road, New
District, Wuxi,
Jiangsu, China
214028.
Lam Research
International
Sarl (Wuxi EPZ
Bonded
Warehouse), c/o
HMG WHL Logistic
(Wuxi) Co., Ltd.,
F1, Area 4, No.
1, Plot J3 No. 5,
Gaolang East
Road, Export
Processing Zone,
Wuxi, China
214028.
Lam Research
Service Co.,
Ltd., Wuhan
Representative
Office, No. 1
Guanshan Road,
Donghu
Development Zone,
Room E4-302,
Optical Valley
Software Park,
Wuhan, Hubei,
China 430074.
Lam Research
Semiconductor
(Suzhou) Co.,
Ltd. (Suzhou), A
Division of Lam
Research
International
Sarl, A-2
Building, Export
Processing Zone,
Suzhou New
District, Jiangsu
Province, China
215151.
Lam Research
International
Sarl (Lam Beijing
Warehouse),
Building 3, No. 9
Ke Chuang Er
Street, Beijing
Economic
Technology
Development Zone,
Beijing, China
100176.
Lam Research
International
Sarl (Wuhan TSS),
c/o HMG Wuhan
Logistic Co.,
Ltd., 1st-2nd
Floor, No. 5
Building, Hua Shi
Yuan Er Road,
Optical Valley
Industry Park,
East-lake Hi-Tech
Development Zone,
Wuhan City, Hubei
Province, China
430223.
Semiconductor Items controlled Semiconductor 72 FR 59164, 10/19/
Manufacturing under ECCNs Manufacturing 07.
International 1C350.c.3, International 75 FR 67029, 11/1/
Corporation. 1C350.d.7, (Shanghai) 10.
2B006.b.1, 2B230, Corporation, 18 76 FR 69609, 11/9/
2B350.d.2, Zhang Jiang Rd., 11.
2B350.g.3, Pudong New Area, 77 FR [INSERT FR
2B350.i.3, Shanghai, China PAGE NUMBER] 2/24/
3B001.a, 3B001.b, 201203. 12.
3B001.c, 3B001.d, Semiconductor
3B001.e, 3B001.f, Manufacturing
3C001, 3C002, International
3C004, 5B002 and (Tianjin)
5E002 (limited to Corporation, 19
``technology'' Xing Hua Avenue,
according to the Xi Qing Economic
General Development Area,
Technology Note Tianjin, China
for the 300385.
``production'' of Semiconductor
integrated Manufacturing
circuits International
controlled by (Beijing)
ECCN 5A002 that Corporation, No.
have been 18 Wen Chang
classified by BIS Road, Beijing
as eligible for Economic-
License Exception Technological
ENC under Development Area,
paragraph (b)(2) Beijing, China
or (b)(3) of 100176.
section 740.17 of
the EAR, or
classified by BIS
as a mass market
item under
paragraph (b)(3)
of section 742.15
of the EAR).
[[Page 10958]]
* * * * * * *
India........................... GE India 1C002.a.1, GE India 74 FR 31620, 7/2/
Industrial Pvt 1C002.a.2, Technology Centre 09.
Ltd. 1C002.b.1.a, Private Limited 74 FR 68147, 12/23/
1C002.b.1.b, (GEITC), No. 122, 09.
1E001, 2E003.f, EPIP, Phase II, 77 FR [INSERT FR
9E003.a.1, Hoodi Village, PAGE NUMBER] 2/24/
9E003.a.2, Whitefield Road, 12.
9E003.a.4, Bangalore 560066,
9E003.a.5, Karnataka, India.
9E003.a.6, Bangalore
9E003.a.8, and Engineering
9E003.c. Center (BEC), c/o
GE India
Technology Centre
Private Limited
(GEITC), No. 122,
EPIP, Phase II
Hoodi Village,
Whitefield Road,
Bangalore 560066,
Karnataka, India.
----------------------------------------------------------------------------------------------------------------
Dated: February 14, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-4365 Filed 2-23-12; 8:45 am]
BILLING CODE 3510-33-P
