Addition and Revision to the List of Validated End-Users in the People's Republic of China, 54752-54755 [2013-21579]

Download as PDF 54752 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 ehiers on DSK2VPTVN1PROD with RULES 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 http:// 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 http:// 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: E:\FR\FM\06SER1.SGM 06SER1 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 ehiers on DSK2VPTVN1PROD with RULES 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. 14:46 Sep 05, 2013 Jkt 229001 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 Frm 00003 Fmt 4700 Sfmt 4700 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 E:\FR\FM\06SER1.SGM 06SER1 ehiers on DSK2VPTVN1PROD with RULES 54754 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: ■ E:\FR\FM\06SER1.SGM 06SER1 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] ehiers on DSK2VPTVN1PROD with RULES 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 E:\FR\FM\06SER1.SGM 06SER1

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]


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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.

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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