Addition and Revision to the List of Validated End-Users in the People's Republic of China, 54752-54755 [2013-21579]
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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Rules and Regulations
According to BHT’s service
information, some of the costs of this
AD may be covered under warranty,
thereby reducing the cost impact on
affected individuals. We do not control
warranty coverage by BHT. Accordingly,
we have included all costs in our cost
estimate.
Authority for This Rulemaking
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Regulatory Findings
This AD will not have federalism
implications under Executive Order
13132. This AD will not have a
substantial direct effect on the States, on
the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify that this AD:
(1) Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
(2) Is not a ‘‘significant rule’’ under
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979);
(3) Will not affect intrastate aviation
in Alaska to the extent that it justifies
making a regulatory distinction; and
(4) Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared an economic evaluation
of the estimated costs to comply with
this AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
14:46 Sep 05, 2013
Jkt 229001
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. Subtitle VII:
Aviation Programs, describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in Subtitle VII,
Part A, Subpart III, Section 44701:
‘‘General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
helicopters identified in this rulemaking
action.
VerDate Mar<15>2010
Adoption of the Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2013–18–03 Bell Helicopter Textron
Canada Inc (BHT): Amendment 39–
17576; Docket No. FAA–2013–0349;
Directorate Identifier 2012–SW–058–AD.
(a) Applicability
This AD applies to the following
helicopters, certificated in any category:
(1) BHT Model 206A and 206B helicopters,
all serial numbers (S/N) except S/Ns 1, 2, and
3, with an engine auto-relight kit control box
assembly (control box assembly) part number
(P/N) 206–375–017–101 installed; and
(2) BHT Model 206L helicopters, S/N
45001 through 45153 and 46601 through
46617, with a control box assembly P/N 206–
375–017–103 installed.
76137; telephone (817) 222–5110; email
rao.edupuganti@faa.gov.
(2) For operations conducted under a 14
CFR part 119 operating certificate or under
14 CFR part 91, subpart K, we suggest that
you notify your principal inspector, or
lacking a principal inspector, the manager of
the local flight standards district office or
certificate holding district office, before
operating any aircraft complying with this
AD through an AMOC.
(g) Additional Information
(1) BHT Alert Service Bulletin (ASB) No.
206–11–127 for Model 206A and 206B
helicopters and ASB No. 206L–11–167 for
Model 206L helicopters, both dated May 2,
2011, which are not incorporated by
reference, contain additional information
about the subject of this AD. For service
information identified in this AD, contact
Bell Helicopter Textron Canada Limited,
12,800 Rue de l’Avenir, Mirabel, Quebec
J7J1R4; telephone (450) 437–2862 or (800)
363–8023; fax (450) 433–0272; or at https://
www.bellcustomer.com/files/. You may
review a copy of the service information at
the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd.,
Room 663, Fort Worth, Texas 76137.
(2) The subject of this AD is addressed in
Transport Canada Civil Aviation (TCCA) AD
CF–2012–19, dated June 12, 2012. You may
view the TCCA AD at https://
www.regulations.gov in Docket No. FAA–
2013–0349.
(b) Unsafe Condition
This AD defines the unsafe condition as an
inoperative control box assembly. This
condition could result in a disabled autorelight system, failure of the engine to relight
after a flame-out, increased pilot workload
during a power loss emergency, and
subsequent loss of control of the helicopter.
(h) Subject
Joint Aircraft Service Component (JASC)
Code: 7410: Ignition Power Supply.
(c) Effective Date
This AD becomes effective October 11,
2013.
[FR Doc. 2013–21578 Filed 9–5–13; 8:45 am]
(d) Compliance
You are responsible for performing each
action required by this AD within the
specified compliance time unless it has
already been accomplished prior to that time.
(e) Required Actions
Within 4 months, replace the control box
assembly:
(1) For Model 206A and 206B helicopters,
replace control box assembly P/N 206–375–
017–101 with a control box assembly P/N
206–375–017–105.
(2) For Model 206L helicopters, replace
control box assembly P/N 206–375–017–103
with a control box assembly P/N 206–375–
017–107.
(f) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Safety Management
Group, FAA, may approve AMOCs for this
AD. Send your proposal to: Rao Edupuganti,
Aviation Safety Engineer, Regulations and
Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
Issued in Fort Worth, Texas, on August 21,
2013.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft
Certification Service.
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 130826763–3763–01]
RIN 0694–AF95
Addition and Revision to the List of
Validated End-Users in the People’s
Republic of China
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 add an end-user in the People’s
Republic of China (PRC) to the list of
Validated End-Users (VEUs).
Specifically, BIS amends Supplement
SUMMARY:
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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Rules and Regulations
No. 7 to part 748 of the EAR to add Intel
Semiconductor (Dalian) Ltd. (Intel
Dalian) as a VEU. With this rule,
exports, reexports and transfers (incountry) of certain items to two Intel
Dalian eligible destinations are now
authorized under Authorization VEU.
BIS also amends Supplement No. 7 to
part 748 to change the name of an
existing VEU in the PRC, from Lam
Research Corporation to Lam Research
Service Co., Ltd.
This rule is effective September
6, 2013.
DATES:
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, fax: (202)
482–3991, or email: ERC@bis.doc.gov.
Background
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Authorization Validated End-User
Validated End-Users (VEUs) are
designated entities located in eligible
destinations to which eligible items may
be exported, reexported, or transferred
(in-country) under a general
authorization instead of a license. The
names of the VEUs, as well as the dates
they were so designated, and their
respective eligible destinations and
items are identified in Supplement No.
7 to part 748 of the Export
Administration Regulations (EAR).
Under the terms described in that
supplement, VEUs may obtain eligible
items without an export license from the
Bureau of Industry and Security (BIS),
in conformity with Section 748.15 of the
EAR. Eligible items vary between VEUs,
but may include commodities, software,
and technology, except those controlled
for missile technology or crime control
reasons on the Commerce Control List
(CCL) (part 774 of the EAR).
VEUs are 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 End-User Review
Committee (ERC), composed of
representatives from the Departments of
State, Defense, Energy, and Commerce,
and other agencies, as appropriate, is
responsible for administering the VEU
program. BIS amended the Export
Administration Regulations (EAR) in a
final rule published on June 19, 2007
(72 FR 33646) to create Authorization
VEU.
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Addition of Intel Semiconductor
(Dalian) Ltd. to the List of Validated
End-Users in the PRC and Its ‘‘Eligible
Destinations’’ and ‘‘Eligible Items
(By ECCN)’’
This final rule amends Supplement
No. 7 to part 748 of the EAR to add Intel
Dalian as a VEU, and to identify its
eligible destinations and the items that
may be exported, reexported or
transferred (in-country) to Intel Dalian
under Authorization VEU, effective the
date of this rule. The names and
addresses of this newly-appointed VEU
and its eligible destinations are as
follows:
Validated End-User
Intel Semiconductor (Dalian) Ltd.
Eligible Destinations
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
Addition to the List of Validated EndUser Authorizations in the People’s
Republic of China (PRC)
Intel Semiconductor (Dalian) Ltd., No. 109
Huai He Road East, Dalian Economic and
Technology Development Area, Dalian,
Liao Ning Province, 116600, China.
Intel Semiconductor (Dalian) Ltd., c/o Dalian
Kintetsu Logistics Co., Ltd, Dayaowan
Bonded Port No. 6 Road W4 Unit A1,
Dalian Economic and Technology
Development Area, Dalian, Liao Ning
Province, 116601, China.
Eligible Items (by ECCN) That May Be
Exported, Reexported or Transferred
(In-Country) to the Eligible Destination
Identified Under Intel Semiconductor
(Dalian) Ltd.’s Validated End-User
Authorization
For Intel Semiconductor (Dalian) Ltd.,
Export Control Classification Numbers
(ECCNs) 1A004, 1C006.d, 2A226,
2A292, 2B006.b, 2B230, 2B231, 2B350,
3A233.a, 3B001 (except for multilayer
masks with a phase shift layer designed
to produce ‘‘space qualified’’
semiconductor devices), 3C002, 3E002
(excluding development and production
technology specific to digital signal
processors and digital array processors
and further limited to ‘‘technology’’
based on the international technology
roadmap for semiconductors (ITRS)),
and 4E001(limited to technology for
computer products or components not
exceeding an adjusted peak performance
(APP) level of 12.0 weighted teraflops).
For Intel Semiconductor (Dalian) Ltd.,
c/o Dalian Kintetsu Logistics Co., Ltd.,
ECCNs 1A004, 1C006.d, 2A226, 2A292,
2B006.b, 2B230, 2B231, 2B350, 3A233.a,
3B001 (except for multilayer masks with
a phase shift layer designed to produce
‘‘space qualified’’ semiconductor
devices), and 3C002.
PO 00000
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54753
Technical Change for Existing VEU in
the PRC
Change of Name of VEU Lam Research
Corporation in the PRC
This final rule also amends
Supplement No. 7 to part 748 of the
EAR to change the name of an existing
VEU, Lam Research Corporation, to Lam
Research Service Co., Ltd.. This name
change is made to list the name of the
U.S. company’s Chinese subsidiary
because that is the actual name of the
authorized VEU.
Current Validated End-User Name:
Lam Research Corporation.
New Name of Validated End-User:
Lam Research Service Co., Ltd.
Authorization VEU eliminates the
burden on exporters and reexporters of
preparing individual license
applications because the export,
reexport and transfer (in-country) of the
eligible items specified for each VEU
may be made under general
authorization instead of under
individual licenses. With the addition of
Intel Dalian as a VEU, exporters and
reexporters can supply Intel Dalian
much more quickly, thus enhancing the
competitiveness of both the VEU and its
suppliers of U.S-origin items.
To ensure appropriate facilitation of
exports and reexports, on-site reviews of
VEUs, including Intel Dalian, may be
warranted pursuant to Section
748.15(f)(2) of the EAR and Section 7(iv)
of Supplement No. 8 to part 748 of the
EAR. If such a review is warranted, BIS
will inform the PRC Ministry of
Commerce.
Since August 21, 2001, the Export
Administration Act has been in lapse
and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR,
2001 Comp., p. 783 (2002)), as amended
by Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended most recently by the
Notice of August 8, 2013, 78 FR 49107
(August 12, 2013), has continued the
EAR in effect under the International
Emergency Economic Powers Act. BIS
continues to carry out the provisions of
the Export Administration 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
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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Rules and Regulations
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
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
to, 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 they are unnecessary.
In determining whether to grant VEU
designations, a committee of U.S.
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 6,
2006) (proposed rule), and 72 FR 33646
(June 19, 2007) (final rule)). Given the
VerDate Mar<15>2010
14:46 Sep 05, 2013
Jkt 229001
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
merely adds to the list of VEUs and the
respective eligible items and
destinations and implements a technical
change, which is to change the name of
an existing VEU, all 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
authorizations granted in the rule are
consistent with the authorizations
granted to exporters for individual
licenses (and amendments or revisions
thereof), which do not undergo public
review. In addition, as with license
applications, VEU authorization
applications contain confidential
business information, which is
necessary for the extensive review
conducted by the U.S. Government in
assessing such applications. 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 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 individual VEU
authorizations, 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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
are published in the Federal Register.
BIS finds good cause to waive the 30day delay in effectiveness under 5
U.S.C. 553(d)(3) because the delay
would be contrary to the public interest.
BIS is simply amending the list of VEU
authorizations by adding a new end
user, consistent with established
objectives and parameters administered
and enforced by the responsible
designated departmental representatives
to the End-User Review Committee.
Delaying this action’s effectiveness
could cause confusion with the new
VEU status as determined by those
authorized government representatives
and stifle the ongoing purpose of the
VEU Authorization Program.
Accordingly, it is contrary to the public
interest to delay this rule’s effectiveness.
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. As a result,
no final regulatory flexibility analysis is
required and none 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 8, 2013, 78 FR 49107 (August 12,
2013).
2. Amend Supplement No. 7 to part
748 to:
■ a. Remove the name of ‘‘Lam Research
Corporation’’ from the Validated EndUser column in ‘‘China (People’s
Republic of)’’ and add in its place ‘‘Lam
Research Service Co., Ltd.’’; and
■ b. Add in alphabetical order the entry
‘‘Intel Semiconductor (Dalian) Ltd.’’ in
‘‘China (People’s Republic of)’’ to read
as follows:
■
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Federal Register / Vol. 78, No. 173 / Friday, September 6, 2013 / Rules and Regulations
54755
SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS
Country
Eligible items
(by ECCN)
Validated end-user
Federal Register
citation
Eligible destination
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
*
*
Intel Semiconductor
(Dalian) Ltd.
....................................
*
*
*
*
Dated: August 29, 2013.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2013–21579 Filed 9–5–13; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
19 CFR Part 101
[Docket No. USCBP–2012–0006; CBP Dec.
13–13]
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Extension of Port Limits of
Indianapolis, IN
U.S. Customs and Border
Protection (CBP) is extending the
geographical limits of the port of entry
SUMMARY:
14:46 Sep 05, 2013
Jkt 229001
of Indianapolis, Indiana. This extension
will make the boundaries more easily
identifiable to the public and will allow
for uniform and continuous service to
the extended area of Indianapolis,
Indiana. The change is part of CBP’s
continuing program to use its personnel,
facilities, and resources more efficiently,
and to provide better service to carriers,
importers, and the general public.
DATES: Effective Date: October 7, 2013.
FOR FURTHER INFORMATION CONTACT:
Roger Kaplan, Office of Field
Operations, U.S. Customs and Border
Protection, by phone at (202) 325–4543,
or by email at Roger.Kaplan@dhs.gov.
SUPPLEMENTARY INFORMATION:
In a Notice of Proposed Rulemaking
(NPRM) published in the Federal
Register (77 FR 24656) on April 25,
2012, CBP proposed to amend the list of
CBP ports of entry at 19 CFR 101.3(b)(1)
to extend the limits of the Indianapolis,
Indiana, port of entry to include all the
PO 00000
Frm 00005
*
*Intel Semiconductor
(Dalian) Ltd., No.
109 Huai He Road
East, Dalian Economic and Technology Development Area, Dalian,
Liao Ning Province,
116600, China.
Fmt 4700
Sfmt 4700
*
78 FR [INSERT
PAGE NUMBER],
9–6–13.
** Intel Semiconductor
(Dalian) Ltd., c/o
Dalian Kintetsu Logistics Co., Ltd,
Dayaowan Bonded
Port No. 6 Road
W4 Unit A1, Dalian
Economic and
Technology Development Area,
Dalian, Liao Ning
Province, 116601,
China.
*
I. Background
U.S. Customs and Border
Protection, DHS.
ACTION: Final rule.
AGENCY:
VerDate Mar<15>2010
*
*
*
These items authorized for the Intel destination identified by one asterisk (*):
1A004, 1C006.d, 2A226, 2A292, 2B006.b,
2B230, 2B231, 2B350, 3A233.a, 3B001
(except for multilayer masks with a phase
shift layer designed to produce ‘‘space
qualified’’ semiconductor devices), 3C002,
3E002 (excluding development and production technology specific to digital signal
processors and digital array processors
and further limited to ‘‘technology’’ based
on the international technology roadmap
for
semiconductors
(ITRS)),
and
4E001(limited to technology for computer
products or components not exceeding an
adjusted peak performance (APP) level of
12.0 weighted teraflops).
These items authorized for the Intel destination identified by two asterisks (**):
1A004, 1C006.d, 2A226, 2A292, 2B006.b,
2B230, 2B231, 2B350, 3A233.a, 3B001
(except for multilayer masks with a phase
shift layer designed to produce ‘‘space
qualified’’ semiconductor devices), and
3C002.
*
*
territory within the boundaries of
Marion County, Indiana, as well as
portions of the neighboring counties of
Boone, Hendricks, and Johnson. This
update will allow CBP to better serve
the public in the greater Indianapolis
area by providing regular service to
municipalities within Indianapolis that
are not technically within the city
limits, and to locations to the immediate
west and south of the city. CBP
determined that the proposed boundary
changes would not result in a change in
the service that is provided to the public
by the port and would not change the
workload at the port or require a change
in the staffing at the port. Further
background information is provided in
the NPRM.
Interested parties were given until
June 25, 2012, to comment on the
proposed changes. CBP received one
comment in response to the NPRM.
II. Comment Analysis
Comment: The commenter notes that
Indianapolis, Indiana, is surrounded by
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]]>Agencies
[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Rules and Regulations]
[Pages 54752-54755]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21579]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 130826763-3763-01]
RIN 0694-AF95
Addition and Revision to the List of Validated End-Users in the
People's Republic of China
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 add an end-user in the
People's Republic of China (PRC) to the list of Validated End-Users
(VEUs). Specifically, BIS amends Supplement
[[Page 54753]]
No. 7 to part 748 of the EAR to add Intel Semiconductor (Dalian) Ltd.
(Intel Dalian) as a VEU. With this rule, exports, reexports and
transfers (in-country) of certain items to two Intel Dalian eligible
destinations are now authorized under Authorization VEU. BIS also
amends Supplement No. 7 to part 748 to change the name of an existing
VEU in the PRC, from Lam Research Corporation to Lam Research Service
Co., Ltd.
DATES: This rule is effective September 6, 2013.
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, fax: (202) 482-3991, or email:
ERC@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
Validated End-Users (VEUs) are designated entities located in
eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) under a general authorization
instead of a license. The names of the VEUs, as well as the dates they
were so designated, and their respective eligible destinations and
items are identified in Supplement No. 7 to part 748 of the Export
Administration Regulations (EAR). Under the terms described in that
supplement, VEUs may obtain eligible items without an export license
from the Bureau of Industry and Security (BIS), in conformity with
Section 748.15 of the EAR. Eligible items vary between VEUs, but may
include commodities, software, and technology, except those controlled
for missile technology or crime control reasons on the Commerce Control
List (CCL) (part 774 of the EAR).
VEUs are 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 End-User Review Committee (ERC), composed of
representatives from the Departments of State, Defense, Energy, and
Commerce, and other agencies, as appropriate, is responsible for
administering the VEU program. BIS amended the Export Administration
Regulations (EAR) in a final rule published on June 19, 2007 (72 FR
33646) to create Authorization VEU.
Addition to the List of Validated End-User Authorizations in the
People's Republic of China (PRC)
Addition of Intel Semiconductor (Dalian) Ltd. to the List of Validated
End-Users in the PRC and Its ``Eligible Destinations'' and ``Eligible
Items (By ECCN)''
This final rule amends Supplement No. 7 to part 748 of the EAR to
add Intel Dalian as a VEU, and to identify its eligible destinations
and the items that may be exported, reexported or transferred (in-
country) to Intel Dalian under Authorization VEU, effective the date of
this rule. The names and addresses of this newly-appointed VEU and its
eligible destinations are as follows:
Validated End-User
Intel Semiconductor (Dalian) Ltd.
Eligible Destinations
Intel Semiconductor (Dalian) Ltd., No. 109 Huai He Road East, Dalian
Economic and Technology Development Area, Dalian, Liao Ning
Province, 116600, China.
Intel Semiconductor (Dalian) Ltd., c/o Dalian Kintetsu Logistics
Co., Ltd, Dayaowan Bonded Port No. 6 Road W4 Unit A1, Dalian
Economic and Technology Development Area, Dalian, Liao Ning
Province, 116601, China.
Eligible Items (by ECCN) That May Be Exported, Reexported or
Transferred (In-Country) to the Eligible Destination Identified Under
Intel Semiconductor (Dalian) Ltd.'s Validated End-User Authorization
For Intel Semiconductor (Dalian) Ltd., Export Control
Classification Numbers (ECCNs) 1A004, 1C006.d, 2A226, 2A292, 2B006.b,
2B230, 2B231, 2B350, 3A233.a, 3B001 (except for multilayer masks with a
phase shift layer designed to produce ``space qualified'' semiconductor
devices), 3C002, 3E002 (excluding development and production technology
specific to digital signal processors and digital array processors and
further limited to ``technology'' based on the international technology
roadmap for semiconductors (ITRS)), and 4E001(limited to technology for
computer products or components not exceeding an adjusted peak
performance (APP) level of 12.0 weighted teraflops).
For Intel Semiconductor (Dalian) Ltd., c/o Dalian Kintetsu
Logistics Co., Ltd., ECCNs 1A004, 1C006.d, 2A226, 2A292, 2B006.b,
2B230, 2B231, 2B350, 3A233.a, 3B001 (except for multilayer masks with a
phase shift layer designed to produce ``space qualified'' semiconductor
devices), and 3C002.
Technical Change for Existing VEU in the PRC
Change of Name of VEU Lam Research Corporation in the PRC
This final rule also amends Supplement No. 7 to part 748 of the EAR
to change the name of an existing VEU, Lam Research Corporation, to Lam
Research Service Co., Ltd.. This name change is made to list the name
of the U.S. company's Chinese subsidiary because that is the actual
name of the authorized VEU.
Current Validated End-User Name: Lam Research Corporation.
New Name of Validated End-User: Lam Research Service Co., Ltd.
Authorization VEU eliminates the burden on exporters and
reexporters of preparing individual license applications because the
export, reexport and transfer (in-country) of the eligible items
specified for each VEU may be made under general authorization instead
of under individual licenses. With the addition of Intel Dalian as a
VEU, exporters and reexporters can supply Intel Dalian much more
quickly, thus enhancing the competitiveness of both the VEU and its
suppliers of U.S-origin items.
To ensure appropriate facilitation of exports and reexports, on-
site reviews of VEUs, including Intel Dalian, may be warranted pursuant
to Section 748.15(f)(2) of the EAR and Section 7(iv) of Supplement No.
8 to part 748 of the EAR. If such a review is warranted, BIS will
inform the PRC Ministry of Commerce.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., p. 783 (2002)), as amended by Executive Order
13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and as extended
most recently by the Notice of August 8, 2013, 78 FR 49107 (August 12,
2013), has continued the EAR in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Export Administration 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
[[Page 54754]]
equity). Executive Order 13563 emphasizes the importance of quantifying
both costs and benefits, reducing costs, harmonizing rules, and
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 to, 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 they
are unnecessary. In determining whether to grant VEU designations, a
committee of U.S. 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 6, 2006) (proposed rule),
and 72 FR 33646 (June 19, 2007) (final rule)). 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 merely adds to the list of VEUs and the respective eligible
items and destinations and implements a technical change, which is to
change the name of an existing VEU, all 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 authorizations granted in the rule are consistent with the
authorizations granted to exporters for individual licenses (and
amendments or revisions thereof), which do not undergo public review.
In addition, as with license applications, VEU authorization
applications contain confidential business information, which is
necessary for the extensive review conducted by the U.S. Government in
assessing such applications. 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 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 individual VEU authorizations, 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. BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3) because the delay would be
contrary to the public interest. BIS is simply amending the list of VEU
authorizations by adding a new end user, consistent with established
objectives and parameters administered and enforced by the responsible
designated departmental representatives to the End-User Review
Committee. Delaying this action's effectiveness could cause confusion
with the new VEU status as determined by those authorized government
representatives and stifle the ongoing purpose of the VEU Authorization
Program. Accordingly, it is contrary to the public interest to delay
this rule's effectiveness.
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. As a result, no final regulatory flexibility
analysis is required and none 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 8, 2013, 78 FR
49107 (August 12, 2013).
0
2. Amend Supplement No. 7 to part 748 to:
0
a. Remove the name of ``Lam Research Corporation'' from the Validated
End-User column in ``China (People's Republic of)'' and add in its
place ``Lam Research Service Co., Ltd.''; and
0
b. Add in alphabetical order the entry ``Intel Semiconductor (Dalian)
Ltd.'' in ``China (People's Republic of)'' to read as follows:
[[Page 54755]]
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 (by Eligible
Country user ECCN) destination Federal Register citation
----------------------------------------------------------------------------------------------------------------
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
to Sec. 748.15(c).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Intel These items *Intel 78 FR [INSERT PAGE
Semiconductor authorized for the Semiconductor NUMBER], 9-6-13.
(Dalian) Ltd. Intel destination (Dalian) Ltd.,
identified by one No. 109 Huai
asterisk (*): He Road East,
1A004, 1C006.d, Dalian
2A226, 2A292, Economic and
2B006.b, 2B230, Technology
2B231, 2B350, Development
3A233.a, 3B001 Area, Dalian,
(except for Liao Ning
multilayer masks Province,
with a phase shift 116600, China.
layer designed to
produce ``space
qualified''
semiconductor
devices), 3C002,
3E002 (excluding
development and
production
technology specific
to digital signal
processors and
digital array
processors and
further limited to
``technology''
based on the
international
technology roadmap
for semiconductors
(ITRS)), and
4E001(limited to
technology for
computer products
or components not
exceeding an
adjusted peak
performance (APP)
level of 12.0
weighted teraflops).
............... These items ** Intel
authorized for the Semiconductor
Intel destination (Dalian) Ltd.,
identified by two c/o Dalian
asterisks (**): Kintetsu
1A004, 1C006.d, Logistics Co.,
2A226, 2A292, Ltd, Dayaowan
2B006.b, 2B230, Bonded Port
2B231, 2B350, No. 6 Road W4
3A233.a, 3B001 Unit A1,
(except for Dalian
multilayer masks Economic and
with a phase shift Technology
layer designed to Development
produce ``space Area, Dalian,
qualified'' Liao Ning
semiconductor Province,
devices), and 3C002. 116601, China.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: August 29, 2013.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2013-21579 Filed 9-5-13; 8:45 am]
BILLING CODE 3510-33-P
