Amendments to Existing Validated End-User Authorization in the People's Republic of China: Lam Research Service Co., Ltd., 71014-71019 [2014-28221]
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note;
22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a;
50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623,
3 CFR, 1977 Comp., p. 133; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
256; E.O. 12851, 58 FR 33181, 3 CFR, 1993
Comp., p. 608; E.O. 12854, 58 FR 36587, 3
CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
28205, 3 CFR, 1994 Comp., p. 899; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 12947, 60 FR 5079, 3 CFR, 1995
Comp., p. 356; E.O. 12981, 60 FR 62981, 3
CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998
Comp., p. 208; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR
49079, 3 CFR, 2001 Comp., p. 786; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p
168; E.O. 13637 of March 8, 2013, 78 FR
16129 (March 13, 2013); Notice of January 21,
2014, 79 FR 3721 (January 22, 2014); Notice
of May 7, 2014, 79 FR 26589 (May 9, 2014);
Notice of August 7, 2014, 79 FR 46959
(August 11, 2014); Notice of September 17,
2014, 79 FR 56475 (September 19, 2014);
Notice of November 7, 2014, 79 FR 67035
(November 12, 2014).
PART 734—[AMENDED]
2. The authority citation for 15 CFR
part 734 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099,
3 CFR, 1994 Comp., p. 950; E.O. 13020, 61
FR 54079, 3 CFR, 1996 Comp., p. 219; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13637 of March 8, 2013,
78 FR 16129 (March 13, 2013); Notice of
August 7, 2014, 79 FR 46959 (August 11,
2014); Notice of November 7, 2014, 79 FR
67035 (November 12, 2014).
PART 736—[AMENDED]
rljohnson on DSK3VPTVN1PROD with RULES
PART 742—[AMENDED]
4. The authority citation for 15 CFR
part 742 is revised to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
12947, 60 FR 5079, 3 CFR, 1995 Comp., p.
356; E.O. 13026, 61 FR 58767, 3 CFR, 1996
Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13224, 66 FR 49079, 3 CFR, 2001 Comp., p.
786; Notice of January 21, 2014, 79 FR 3721
(January 22, 2014); Notice of August 7, 2014,
79 FR 46959 (August 11, 2014); Notice of
September 17, 2014, 79 FR 56475 (September
19, 2014); Notice of November 7, 2014, 79 FR
67035 (November 12, 2014).
PART 745—[AMENDED]
11. The authority citation for 15 CFR
part 745 is revised to read as follows:
■
Authority: 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; Notice of November 7, 2014, 79 FR
67035 (November 12, 2014).
Dated: November 24, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 141114969–4969–01]
RIN 0694–AG36
Amendments to Existing Validated
End-User Authorization in the People’s
Republic of China: Lam Research
Service Co., Ltd.
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
Jkt 235001
5. The authority citation for 15 CFR
part 744 is revised to read as follows:
■
BILLING CODE 3510–33–P
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996
Comp., p. 219; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; E.O.
13338, 69 FR 26751, 3 CFR, 2004 Comp., p.
168; Notice of May 7, 2014, 79 FR 26589
(May 9, 2014); Notice of August 7, 2014, 79
FR 46959 (August 11, 2014); Notice of
November 7, 2014, 79 FR 67035 (November
12, 2014).
13:52 Nov 28, 2014
PART 744—[AMENDED]
[FR Doc. 2014–28235 Filed 11–28–14; 8:45 am]
3. The authority citation for 15 CFR
part 736 is revised to read as follows:
■
VerDate Sep<11>2014
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Presidential Determination
2003–23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 7, 2014, 79 FR
46959 (August 11, 2014); Notice of November
7, 2014, 79 FR 67035 (November 12, 2014).
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In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to revise the existing
authorization for Validated End User
(VEU) Lam Research Service Co., Ltd.
(Lam) in the People’s Republic of China
(PRC). Specifically, BIS amends
Supplement No. 7 to part 748 of the
EAR to change two addresses for Lam’s
eligible facilities (also known as
‘‘eligible destinations’’), remove two
existing facilities, and add eight eligible
facilities.
SUMMARY:
DATES:
This rule is effective December 1,
2014.
MiYong Kim, Chair, End-User Review
Committee, Office of the Assistant
Secretary, Export Administration,
Bureau of Industry and Security, U.S.
Department of Commerce, Phone: 202/
482–5991; Fax: 202/482–3911; Email:
ERC@bis.doc.gov.
FOR FURTHER INFORMATION CONTACT:
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 EAR. Under the
terms described in that supplement,
VEUs may obtain eligible items without
an export license from BIS, in
conformity with Section 748.15 of the
EAR. Eligible items vary between VEUs
and 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 EAR in a
final rule published on June 19, 2007
(72 FR 33646) to create Authorization
VEU.
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
Amendments to Existing Validated EndUser Authorization in the People’s
Republic of China (PRC)
rljohnson on DSK3VPTVN1PROD with RULES
Revisions to the List of ‘‘Eligible
Destinations’’ for Validated End User
Lam Research Service Co., Ltd. (Lam)
In this final rule, BIS amends
Supplement No. 7 to part 748 of the
EAR to revise Lam’s VEU authorization.
BIS is not making these changes in
response to activities of concern. BIS is
making these changes at the request of
the company. Specifically, this rule
changes the address of two Lam
facilities in the PRC to which eligible
items may be exported, reexported or
transferred (in-country) using
Authorization VEU. The two facilities
(‘‘Eligible destination’’) and their
respective current and new addresses
are as follows:
Lam Research International Sarl (Lam
Beijing Warehouse)
Current Address:
Lam Research International Sarl (Lam
Beijing Warehouse), c/o Beijing Lam
Electronics Tech Center, No. 8 Building
No. 1, Disheng North Street, Beijing
Economic & Technological Development
Area, Beijing, China 100176.
New Address:
Lam Research International Sarl (Lam
Beijing Warehouse), c/o Beijing Lam
Electronics Tech Center, 1 Building, No.
28, Jinghai Second Road, BDA, Beijing,
China 100176.
Lam Research Service Co., Ltd.
(Beijing Branch)
Current Address:
Lam Research Service Co., Ltd.
(Beijing Branch), Rm. 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road,
Beijing Economic & Technological
Development Area, Beijing, China
100176.
New Address:
Lam Research Service Co., Ltd.
Beijing Branch, 6th Floor, Building 52,
No.2, Jingyuan North Street, Beijing
Economic & Technological Development
Area, Beijing, China 100176.
This rule does not change the eligible
items, identified in Supplement No. 7 to
part 748, that may be exported,
reexported or transferred (in-country) to
these two facilities.
This rule also removes two of Lam’s
existing eligible facilities. The facilities
removed by this rule are as follows:
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 (Shanghai) Co., Ltd.,
No.1 Jilong Road, Room 424–2,
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13:52 Nov 28, 2014
Jkt 235001
Waigaoqiao Free Trade Zone, Shanghai,
China 200131.
Finally, this rule adds eight facilities to
Lam’s authorization. As a result of this
rule, Lam’s total number of eligible
facilities is 18. The eight new facilities
and their respective eligible items
(‘‘Eligible items (by ECCN)’’) are as
follows:
New Facilities (1) through (6):
(1) Lam Research International Sarl
(Lam Shanghai Warehouse Operator),
c/o Shanghai Well-win Logistics Co.,
Ltd., No. 2667 Zuchongzhi Road,
Pudong New District, Shanghai, China.
(2) Lam Research International Sarl
(Lam Beijing Warehouse), c/o China
International ElectronicService
Company, 1 Building, No. 28, Jinghai
Second Road, BDA, Beijing, China
100176.
(3) Lam Research International Sarl
(Lam Beijing Warehouse), c/o Beijing
STE International Logistics Co., Ltd.,
Building 3, No. 9 Ke Chuang Er Street,
Beijing Economic & Technological
Development Area, Beijing, China
100176.
(4) Lam Research International Sarl
(Lam Dalian Warehouse), c/o JD
Logistics Dalian Bonded Logistic Co.,
Ltd., No.1 Public Warehouse, Dalian
Bonded Logistics Zone, Dalian, China
116600.
(5) Lam Research International Sarl
(Lam Xi’an Warehouse), c/o VR
International Logistics (Xi’an) Co., Ltd.,
No. 28 Information Road, EPZ B Zone,
Xian New District, Xian, China 710119.
(6) Lam Research International Sarl
(Wuxi Bonded Warehouse for CIQ
inspection), c/o SinoTrans Jiangsu
Fuchang Logistics Co., Ltd., No. 1 Xiqin
Road, Area A, Export Processing Zone,
New District, Wuxi, China 214028.
The eligible items for new facilities (1)
through (6) are 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 ‘‘specially designed’’
components and accessories), 3D001
(limited to ‘‘software’’ (excluding source
code) ‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by ECCN 3B001),
3D002 (limited to ‘‘software’’ (excluding
source code) ‘‘specially designed’’ for
the ‘‘use’’ of equipment controlled by
ECCN 3B001), and 3E001 (limited to
‘‘technology’’ according to the General
Technology Note for the ‘‘development’’
of equipment controlled by ECCN
3B001). These ECCNs are identified by
a single asterisk in the ‘‘Eligible items
(by ECCN)’’ Column of the entry for Lam
in Supplement No. 7 to part 748.
New Facilities (7) and (8):
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71015
(7) Lam Research Service Co., Ltd.
(Lam Dalian Representative Office), c/o
Intel Semiconductor (Dalian) Ltd., No.
109 Huaihe Road East, Dalian Economic
& Technical Development Area, Dalian,
China 116600.
(8) Lam Research Service (Shanghai)
Co., Ltd. Xi’an Branch, Room 602,
Building G, Wangzuo Xiandai City, 35
Tangyan Road, Gaoxin District, Xi’an,
China 710065.
The eligible items for new facilities (7)
and (8) are as follows 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 ‘‘specially designed’’
components and accessories), 3D001
(limited to ‘‘software’’ (excluding source
code) ‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of
equipment controlled by ECCN 3B001),
3D002 (limited to ‘‘software’’ (excluding
source code) ‘‘specially designed’’ for
the ‘‘use’’ of equipment controlled by
ECCN 3B001), and 3E001 (limited to
‘‘technology’’ according to the General
Technology Note for the ‘‘development’’
or ‘‘production’’ (limited to those stages
that support integration, assembly
(mounting), inspection, testing, and
quality assurance) of equipment
controlled by ECCN 3B001). These items
are identified by two asterisks in the
‘‘Eligible items (by ECCN)’’ Column of
the entry for Lam in Supplement No. 7
to part 748.
To conform with Section 772.1 of the
EAR, this rule adds quotation marks to
the term ‘‘specially designed’’ in the list
of eligible items for Lam’s facilities.
Export Administration Act
Although the Export Administration
Act expired on August 20, 2001, 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 by the Notice of August 7,
2014, 79 FR 46959 (August 11, 2014),
has continued the Export
Administration Regulations 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 as amended by Executive
Order 13637.
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
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
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,
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
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13:52 Nov 28, 2014
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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
updates addresses, adds eligible
destinations, and removes eligible
destinations of that VEU. These changes
have been made within the established
regulatory framework of the VEU
program. Further, this rule does not
abridge the rights of the public or
eliminate the public’s option to export
under any of the forms of authorization
set forth in the EAR.
Publication of this rule in other than
final form is unnecessary because the
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.
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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 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
authorization of an existing VEU by
updating two addresses, removing two
existing facilities, and adding eight
additional facilities, 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
regarding which facilitates and items are
authorized by the U.S. Government and
in turn stifle the purpose of the VEU
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 7, 2014, 79 FR 46959 (August 11,
2014).
2. Amend Supplement No. 7 to part
748 by revising the entry for ‘‘Lam
Research Service Co., Ltd.’’ in ‘‘China
(People’s Republic of)’’ to read as
follows:
■
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Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
71017
SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS
Country
Validated
end-user
Eligible items (by ECCN)
Eligible destination
Federal Register citation
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
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*
VerDate Sep<11>2014
*
Lam Research
Service Co.,
Ltd.
13:52 Nov 28, 2014
*
*
These Items Authorized for those
Lam’s Destinations Identified by a
single asterisk (*):
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 ‘‘specially designed’’
components and accessories),
3D001 (limited to ‘‘software’’ (excluding source code) ‘‘specially
designed’’ for the ‘‘development’’
or ‘‘production’’ of equipment controlled by ECCN 3B001), 3D002
(limited to ‘‘software’’ (excluding
source code) ‘‘specially designed’’
for the ‘‘use’’ of equipment controlled by 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 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 International Sarl
(Lam Beijing Warehouse), c/o
Beijing Lam Electronics Tech
Center, 1 Building, No. 28,
Jinghai Second Road, BDA, Beijing, China 100176.
* Lam Research International Sarl
(Wuxi EPZ Bonded Warehouse),
c/o HMG WHL Logistic (Wuxi)
Co., Ltd., 1st Fl, Area 4, No. 1,
Plot J3, No. 5 Gaolang East
Road, Export Processing Zone,
Wuxi, China 214028.
* Lam Research International Sarl
(Lam Beijing Warehouse), c/o
HMG Hi-tech Logistics (Beijing)
Co., Ltd., Building 3, No. 9 Ke
Chuang Er Street, Beijing Economic Technological Development Area, Beijing, China 100176.
* Lam Research International Sarl
(Wuhan TSS), c/o HMG Wuhan
Logistic Co., Ltd., 1st-2nd Floor,
Area B, No. 5 Building, Hua Shi
Yuan Er Road, East-lake Hi-Tech
Development
Zone,
Wuhan,
Hubei Province, China 430223.
* Lam Research International Sarl
(Lam Shanghai Warehouse Operator), c/o Shanghai Well-win Logistics Co., Ltd., No. 2667
Zuchongzhi Road, Pudong New
District, Shanghai, China.
* Lam Research International Sarl
(Lam Beijing Warehouse), c/o
China International Electronic
Service Company, 1 Building, No.
28, Jinghai Second Road, BDA,
Beijing, China 100176.
* Lam Research International Sarl
(Lam Beijing Warehouse), c/o
Beijing STE International Logistics Co., Ltd., Building 3, No. 9
Ke Chuang Er Street, Beijing
Economic & Technological Development Area, Beijing, China
100176.
Sfmt 4700
E:\FR\FM\01DER1.SGM
01DER1
*
75 FR 62462, 10/12/10.
77 FR 10953, 2/24/12.
78 FR 3319, 1/16/13.
78 FR 54752, 9/6/13.
79 FR [INSERT PAGE
NUMBER], 12/1/14.
71018
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / 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)
Eligible destination
These Items Authorized for those
Lam’s Destinations Identified by
two asterisks (**):
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 ‘‘specially designed’’
components and accessories),
3D001 (limited to ‘‘software’’ (excluding source code) ‘‘specially
designed’’ for the ‘‘development’’
or ‘‘production’’ of equipment controlled by ECCN 3B001), 3D002
(limited to ‘‘software’’ (excluding
source code) ‘‘specially designed’’
for the ‘‘use’’ of equipment controlled by ECCN 3B001), and
3E001 (limited to ‘‘technology’’
according to the General Technology Note for the ‘‘development’’ or ‘‘production’’ (limited to
those stages that support integration, assembly (mounting), inspection, testing, and quality assurance) of equipment controlled
by ECCN 3B001).
rljohnson on DSK3VPTVN1PROD with RULES
*
VerDate Sep<11>2014
*
13:52 Nov 28, 2014
*
Jkt 235001
PO 00000
*Lam Research International Sarl
(Lam Dalian Warehouse), c/o JD
Logistics Dalian bonded logistic
Co., Ltd., No. 1 Public Warehouse, Dalian Bonded Logistics
Zone, Dalian, China 116600.
*Lam Research International Sarl
(Lam Xi’an Warehouse), c/o VR
International Logistics (Xi’an) Co.,
Ltd., No. 28 Information Road,
EPZ B Zone, Xian New District,
Xian, China 710119.
* Lam Research International Sarl
(Wuxi Bonded Warehouse for
CIQ inspection), c/o SinoTrans
Jiangsu Fuchang Logistics Co.,
Ltd., No. 1 Xiqin Road, Area A,
Export Processing Zone, New
District, Wuxi, China 214028.
** Lam Research Service Co., Ltd.,
1st Floor, Area C, Hua Hong
Science & Technology Park, 177
Bi Bo Road, Zhangjiang Hi-Tech
Park, Pudong, Shanghai, China
201203.
** Lam Research Service Co., Ltd.
Beijing Branch, 6th Floor, Building
52, No. 2, Jingyuan North Street,
Beijing Economic & Technological
Development Area, Beijing, China
100176.
** Lam Research Service Co., Ltd.,
Wuxi
Representative
Office,
Room 302, Building 6, Singapore
International Park, No. 89 Xing
Chuang Si Road, Wuxi New District,
Wuxi,
Jiangsu,
China
214028.
** Lam Research Service Co., Ltd.,
Wuhan Representative Office,
Room 302, Guanggu Software
Park, Building E4, No. 1
Guanshan Road, Donghu Development Zone, Wuhan, Hubei
Province, China 430074.
** Lam Research Service Co., Ltd.
(Lam Dalian Representative Office), c/o Intel Semiconductor
(Dalian) Ltd., No. 109 Huaihe
Road East, Dalian Economic &
Technical Development Area,
Dalian, China 116600.
** Lam Research Service (Shanghai) Co., Ltd. Xi’an Branch, Room
602, Building G, Wangzuo
Xiandai City, 35 Tangyan Road,
Gaoxin District, Xi’an, China,
710065
*
Frm 00024
Fmt 4700
Federal Register citation
*
Sfmt 4700
E:\FR\FM\01DER1.SGM
*
01DER1
*
71019
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations
Dated: November 24, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2014–28221 Filed 11–28–14; 8:45 am]
BILLING CODE 3510–33–P
PENSION BENEFIT GUARANTY
CORPORATION
29 CFR Part 4044
Allocation of Assets in SingleEmployer Plans; Valuation of Benefits
and Assets; Expected Retirement Age
Pension Benefit Guaranty
Corporation.
ACTION: Final rule.
AGENCY:
This rule amends the Pension
Benefit Guaranty Corporation’s
regulation on Allocation of Assets in
Single-Employer Plans by substituting a
new table for determining expected
retirement ages for participants in
pension plans undergoing distress or
involuntary termination with valuation
dates falling in 2015. This table is
needed in order to compute the value of
early retirement benefits and, thus, the
total value of benefits under a plan.
DATES: Effective Date: January 1, 2015.
FOR FURTHER INFORMATION CONTACT:
Catherine B. Klion (Klion.Catherine@
pbgc.gov), Assistant General Counsel for
Regulatory Affairs, Pension Benefit
Guaranty Corporation, 1200 K Street
NW., Washington, DC 20005, 202–326–
4024. (TTY/TDD users may call the
Federal relay service toll-free at 1–800–
877–8339 and ask to be connected to
202–326–4024.)
SUPPLEMENTARY INFORMATION: The
Pension Benefit Guaranty Corporation
(PBGC) administers the pension plan
termination insurance program under
Title IV of the Employee Retirement
Income Security Act of 1974 (ERISA).
PBGC’s regulation on Allocation of
Assets in Single-Employer Plans (29
CFR part 4044) sets forth (in subpart B)
the methods for valuing plan benefits of
terminating single-employer plans
covered under Title IV. Guaranteed
benefits and benefit liabilities under a
SUMMARY:
plan that is undergoing a distress
termination must be valued in
accordance with subpart B of part 4044.
In addition, when PBGC terminates an
underfunded plan involuntarily
pursuant to ERISA section 4042(a), it
uses the subpart B valuation rules to
determine the amount of the plan’s
underfunding.
Under § 4044.51(b) of the asset
allocation regulation, early retirement
benefits are valued based on the annuity
starting date, if a retirement date has
been selected, or the expected
retirement age, if the annuity starting
date is not known on the valuation date.
Sections 4044.55 through 4044.57 set
forth rules for determining the expected
retirement ages for plan participants
entitled to early retirement benefits.
Appendix D of part 4044 contains tables
to be used in determining the expected
early retirement ages.
Table I in appendix D (Selection of
Retirement Rate Category) is used to
determine whether a participant has a
low, medium, or high probability of
retiring early. The determination is
based on the year a participant would
reach ‘‘unreduced retirement age’’ (i.e.,
the earlier of the normal retirement age
or the age at which an unreduced
benefit is first payable) and the
participant’s monthly benefit at
unreduced retirement age. The table
applies only to plans with valuation
dates in the current year and is updated
annually by the PBGC to reflect changes
in the cost of living, etc.
Tables II–A, II–B, and II–C (Expected
Retirement Ages for Individuals in the
Low, Medium, and High Categories
respectively) are used to determine the
expected retirement age after the
probability of early retirement has been
determined using Table I. These tables
establish, by probability category, the
expected retirement age based on both
the earliest age a participant could retire
under the plan and the unreduced
retirement age. This expected retirement
age is used to compute the value of the
early retirement benefit and, thus, the
total value of benefits under the plan.
This document amends appendix D to
replace Table I–14 with Table I–15 in
order to provide an updated correlation,
appropriate for calendar year 2015,
between the amount of a participant’s
benefit and the probability that the
participant will elect early retirement.
Table I–15 will be used to value benefits
in plans with valuation dates during
calendar year 2015.
PBGC has determined that notice of,
and public comment on, this rule are
impracticable and contrary to the public
interest. Plan administrators need to be
able to estimate accurately the value of
plan benefits as early as possible before
initiating the termination process. For
that purpose, if a plan has a valuation
date in 2015, the plan administrator
needs the updated table being
promulgated in this rule. Accordingly,
the public interest is best served by
issuing this table expeditiously, without
an opportunity for notice and comment,
to allow as much time as possible to
estimate the value of plan benefits with
the proper table for plans with valuation
dates in early 2015.
PBGC has determined that this action
is not a ‘‘significant regulatory action’’
under the criteria set forth in Executive
Order 12866.
Because no general notice of proposed
rulemaking is required for this
regulation, the Regulatory Flexibility
Act of 1980 does not apply (5 U.S.C.
601(2)).
List of Subjects in 29 CFR Part 4044
Pension insurance, Pensions.
In consideration of the foregoing, 29
CFR part 4044 is amended as follows:
PART 4044—ALLOCATION OF
ASSETS IN SINGLE–EMPLOYER
PLANS
1. The authority citation for part 4044
continues to read as follows:
■
Authority: 29 U.S.C. 1301(a), 1302(b)(3),
1341, 1344, 1362.
2. Appendix D to part 4044 is
amended by removing Table I–14 and
adding in its place Table I–15 to read as
follows:
■
Appendix D to Part 4044—Tables Used
to Determine Expected Retirement Age
rljohnson on DSK3VPTVN1PROD with RULES
TABLE I–15—SELECTION OF RETIREMENT RATE CATEGORY
[For Plans with valuation dates after December 31, 2014, and before January 1, 2016]
Participant’s retirement rate category is—
Low 1 if
monthly benefit at URA
is less than—
If participant reaches URA in year—
2016 .................................................................................................................
VerDate Sep<11>2014
16:32 Nov 28, 2014
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Fmt 4700
Sfmt 4700
Medium 2 if monthly benefit at
URA is—
From—
618
E:\FR\FM\01DER1.SGM
To—
618
01DER1
2,610
High 3 if
monthly
benefit at URA
is greater
than—
2,610
]]>Agencies
[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Rules and Regulations]
[Pages 71014-71019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28221]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 141114969-4969-01]
RIN 0694-AG36
Amendments to Existing Validated End-User Authorization in the
People's Republic of China: Lam Research Service Co., Ltd.
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 for Validated End User (VEU) Lam Research Service Co.,
Ltd. (Lam) in the People's Republic of China (PRC). Specifically, BIS
amends Supplement No. 7 to part 748 of the EAR to change two addresses
for Lam's eligible facilities (also known as ``eligible
destinations''), remove two existing facilities, and add eight eligible
facilities.
DATES: This rule is effective December 1, 2014.
FOR FURTHER INFORMATION CONTACT: Mi-Yong Kim, Chair, End-User Review
Committee, Office of the Assistant Secretary, Export Administration,
Bureau of Industry and Security, U.S. Department of Commerce, Phone:
202/482-5991; Fax: 202/482-3911; 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 EAR. Under
the terms described in that supplement, VEUs may obtain eligible items
without an export license from BIS, in conformity with Section 748.15
of the EAR. Eligible items vary between VEUs and 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 EAR in a final rule
published on June 19, 2007 (72 FR 33646) to create Authorization VEU.
[[Page 71015]]
Amendments to Existing Validated End-User Authorization in the People's
Republic of China (PRC)
Revisions to the List of ``Eligible Destinations'' for Validated End
User Lam Research Service Co., Ltd. (Lam)
In this final rule, BIS amends Supplement No. 7 to part 748 of the
EAR to revise Lam's VEU authorization. BIS is not making these changes
in response to activities of concern. BIS is making these changes at
the request of the company. Specifically, this rule changes the address
of two Lam facilities in the PRC to which eligible items may be
exported, reexported or transferred (in-country) using Authorization
VEU. The two facilities (``Eligible destination'') and their respective
current and new addresses are as follows:
Lam Research International Sarl (Lam Beijing Warehouse)
Current Address:
Lam Research International Sarl (Lam Beijing Warehouse), c/o
Beijing Lam Electronics Tech Center, No. 8 Building No. 1, Disheng
North Street, Beijing Economic & Technological Development Area,
Beijing, China 100176.
New Address:
Lam Research International Sarl (Lam Beijing Warehouse), c/o
Beijing Lam Electronics Tech Center, 1 Building, No. 28, Jinghai Second
Road, BDA, Beijing, China 100176.
Lam Research Service Co., Ltd. (Beijing Branch)
Current Address:
Lam Research Service Co., Ltd. (Beijing Branch), Rm. 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road, Beijing Economic & Technological
Development Area, Beijing, China 100176.
New Address:
Lam Research Service Co., Ltd. Beijing Branch, 6th Floor, Building
52, No.2, Jingyuan North Street, Beijing Economic & Technological
Development Area, Beijing, China 100176.
This rule does not change the eligible items, identified in Supplement
No. 7 to part 748, that may be exported, reexported or transferred (in-
country) to these two facilities.
This rule also removes two of Lam's existing eligible facilities.
The facilities removed by this rule are as follows:
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 (Shanghai) Co., Ltd., No.1 Jilong Road, Room 424-2,
Waigaoqiao Free Trade Zone, Shanghai, China 200131.
Finally, this rule adds eight facilities to Lam's authorization. As a
result of this rule, Lam's total number of eligible facilities is 18.
The eight new facilities and their respective eligible items
(``Eligible items (by ECCN)'') are as follows:
New Facilities (1) through (6):
(1) Lam Research International Sarl (Lam Shanghai Warehouse
Operator), c/o Shanghai Well-win Logistics Co., Ltd., No. 2667
Zuchongzhi Road, Pudong New District, Shanghai, China.
(2) Lam Research International Sarl (Lam Beijing Warehouse), c/o
China International ElectronicService Company, 1 Building, No. 28,
Jinghai Second Road, BDA, Beijing, China 100176.
(3) Lam Research International Sarl (Lam Beijing Warehouse), c/o
Beijing STE International Logistics Co., Ltd., Building 3, No. 9 Ke
Chuang Er Street, Beijing Economic & Technological Development Area,
Beijing, China 100176.
(4) Lam Research International Sarl (Lam Dalian Warehouse), c/o JD
Logistics Dalian Bonded Logistic Co., Ltd., No.1 Public Warehouse,
Dalian Bonded Logistics Zone, Dalian, China 116600.
(5) Lam Research International Sarl (Lam Xi'an Warehouse), c/o VR
International Logistics (Xi'an) Co., Ltd., No. 28 Information Road, EPZ
B Zone, Xian New District, Xian, China 710119.
(6) Lam Research International Sarl (Wuxi Bonded Warehouse for CIQ
inspection), c/o SinoTrans Jiangsu Fuchang Logistics Co., Ltd., No. 1
Xiqin Road, Area A, Export Processing Zone, New District, Wuxi, China
214028.
The eligible items for new facilities (1) through (6) are 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 ``specially
designed'' components and accessories), 3D001 (limited to ``software''
(excluding source code) ``specially designed'' for the ``development''
or ``production'' of equipment controlled by ECCN 3B001), 3D002
(limited to ``software'' (excluding source code) ``specially designed''
for the ``use'' of equipment controlled by ECCN 3B001), and 3E001
(limited to ``technology'' according to the General Technology Note for
the ``development'' of equipment controlled by ECCN 3B001). These ECCNs
are identified by a single asterisk in the ``Eligible items (by ECCN)''
Column of the entry for Lam in Supplement No. 7 to part 748.
New Facilities (7) and (8):
(7) Lam Research Service Co., Ltd. (Lam Dalian Representative
Office), c/o Intel Semiconductor (Dalian) Ltd., No. 109 Huaihe Road
East, Dalian Economic & Technical Development Area, Dalian, China
116600.
(8) Lam Research Service (Shanghai) Co., Ltd. Xi'an Branch, Room
602, Building G, Wangzuo Xiandai City, 35 Tangyan Road, Gaoxin
District, Xi'an, China 710065.
The eligible items for new facilities (7) and (8) are as follows 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 ``specially
designed'' components and accessories), 3D001 (limited to ``software''
(excluding source code) ``specially designed'' for the ``development''
or ``production'' of equipment controlled by ECCN 3B001), 3D002
(limited to ``software'' (excluding source code) ``specially designed''
for the ``use'' of equipment controlled by ECCN 3B001), and 3E001
(limited to ``technology'' according to the General Technology Note for
the ``development'' or ``production'' (limited to those stages that
support integration, assembly (mounting), inspection, testing, and
quality assurance) of equipment controlled by ECCN 3B001). These items
are identified by two asterisks in the ``Eligible items (by ECCN)''
Column of the entry for Lam in Supplement No. 7 to part 748.
To conform with Section 772.1 of the EAR, this rule adds quotation
marks to the term ``specially designed'' in the list of eligible items
for Lam's facilities.
Export Administration Act
Although the Export Administration Act expired on August 20, 2001,
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 by the Notice of
August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export
Administration Regulations 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 as amended by Executive Order 13637.
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
[[Page 71016]]
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, 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 updates addresses, adds eligible destinations, and removes
eligible destinations of that VEU. These changes have been made within
the established regulatory framework of the VEU program. Further, this
rule does not abridge the rights of the public or eliminate the
public's option to export under any of the forms of authorization set
forth in the EAR.
Publication of this rule in other than final form is unnecessary
because the 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
authorization of an existing VEU by updating two addresses, removing
two existing facilities, and adding eight additional facilities,
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 regarding which facilitates and items are
authorized by the U.S. Government and in turn stifle the purpose of the
VEU 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 7, 2014, 79 FR
46959 (August 11, 2014).
0
2. Amend Supplement No. 7 to part 748 by revising the entry for ``Lam
Research Service Co., Ltd.'' in ``China (People's Republic of)'' to
read as follows:
[[Page 71017]]
Supplement No. 7 to Part 748--Authorization Validated End-User (VEU): List of Validated End-Users, Respective Items Eligible for Export, Reexport and
Transfer, and Eligible Destinations
--------------------------------------------------------------------------------------------------------------------------------------------------------
Country Validated end-user Eligible items (by ECCN) Eligible destination 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).
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Lam Research Service These Items Authorized for * Lam Research 75 FR 62462, 10/12/10.
Co., Ltd. those Lam's Destinations International Sarl (Lam 77 FR 10953, 2/24/12.
Identified by a single Shanghai Warehouse), c/o 78 FR 3319, 1/16/13.
asterisk (*): HMG Supply Chain 78 FR 54752, 9/6/13.
2B230, 2B350.c, 2B350.d, (Shanghai) Co., Ltd., No. 79 FR [INSERT PAGE NUMBER], 12/1/14.
2B350.g, 2B350.h, 3869, Longdong Avenue,
2B350.i, 3B001.c and Pudong New District,
3B001.e (items classified Shanghai, China 201203.
under ECCNs 3B001.c and * Lam Research
3B001.e are limited to International Sarl (Lam
``specially designed'' Shanghai Warehouse; WGQ
components and Bonded Warehouse), c/o
accessories), 3D001 HMG Supply Chain
(limited to ``software'' (Shanghai) Co., Ltd., No.
(excluding source code) 55, Fei la Road,
``specially designed'' Waigaoqiao Free Trade
for the ``development'' Zone, Pudong New Area,
or ``production'' of Shanghai, China 200131.
equipment controlled by * Lam Research
ECCN 3B001), 3D002 International Sarl (Lam
(limited to ``software'' Beijing Warehouse), c/o
(excluding source code) Beijing Lam Electronics
``specially designed'' Tech Center, 1 Building,
for the ``use'' of No. 28, Jinghai Second
equipment controlled by Road, BDA, Beijing, China
ECCN 3B001), and 3E001 100176.
(limited to * Lam Research
``technology'' according International Sarl (Wuxi
to the General Technology EPZ Bonded Warehouse), c/
Note for the o HMG WHL Logistic (Wuxi)
``development'' of Co., Ltd., 1st Fl, Area
equipment controlled by 4, No. 1, Plot J3, No. 5
ECCN 3B001).. Gaolang East Road, Export
Processing Zone, Wuxi,
China 214028.
* Lam Research
International Sarl (Lam
Beijing Warehouse), c/o
HMG Hi-tech Logistics
(Beijing) Co., Ltd.,
Building 3, No. 9 Ke
Chuang Er Street, Beijing
Economic Technological
Development Area,
Beijing, China 100176.
* Lam Research
International Sarl (Wuhan
TSS), c/o HMG Wuhan
Logistic Co., Ltd., 1st-
2nd Floor, Area B, No. 5
Building, Hua Shi Yuan Er
Road, East-lake Hi-Tech
Development Zone, Wuhan,
Hubei Province, China
430223.
* Lam Research
International Sarl (Lam
Shanghai Warehouse
Operator), c/o Shanghai
Well-win Logistics Co.,
Ltd., No. 2667 Zuchongzhi
Road, Pudong New
District, Shanghai, China.
* Lam Research
International Sarl (Lam
Beijing Warehouse), c/o
China International
Electronic Service
Company, 1 Building, No.
28, Jinghai Second Road,
BDA, Beijing, China
100176.
* Lam Research
International Sarl (Lam
Beijing Warehouse), c/o
Beijing STE International
Logistics Co., Ltd.,
Building 3, No. 9 Ke
Chuang Er Street, Beijing
Economic & Technological
Development Area,
Beijing, China 100176.
[[Page 71018]]
*Lam Research
International Sarl (Lam
Dalian Warehouse), c/o JD
Logistics Dalian bonded
logistic Co., Ltd., No. 1
Public Warehouse, Dalian
Bonded Logistics Zone,
Dalian, China 116600.
*Lam Research
International Sarl (Lam
Xi'an Warehouse), c/o VR
International Logistics
(Xi'an) Co., Ltd., No. 28
Information Road, EPZ B
Zone, Xian New District,
Xian, China 710119.
* Lam Research
International Sarl (Wuxi
Bonded Warehouse for CIQ
inspection), c/o
SinoTrans Jiangsu Fuchang
Logistics Co., Ltd., No.
1 Xiqin Road, Area A,
Export Processing Zone,
New District, Wuxi, China
214028.
These Items Authorized for ** Lam Research Service
those Lam's Destinations Co., Ltd., 1st Floor,
Identified by two Area C, Hua Hong Science
asterisks (**): & Technology Park, 177 Bi
2B230, 2B350.c, 2B350.d, Bo Road, Zhangjiang Hi-
2B350.g, 2B350.h, Tech Park, Pudong,
2B350.i, 3B001.c and Shanghai, China 201203.
3B001.e (items classified ** Lam Research Service
under ECCNs 3B001.c and Co., Ltd. Beijing Branch,
3B001.e are limited to 6th Floor, Building 52,
``specially designed'' No. 2, Jingyuan North
components and Street, Beijing Economic
accessories), 3D001 & Technological
(limited to ``software'' Development Area,
(excluding source code) Beijing, China 100176.
``specially designed'' ** Lam Research Service
for the ``development'' Co., Ltd., Wuxi
or ``production'' of Representative Office,
equipment controlled by Room 302, Building 6,
ECCN 3B001), 3D002 Singapore International
(limited to ``software'' Park, No. 89 Xing Chuang
(excluding source code) Si Road, Wuxi New
``specially designed'' District, Wuxi, Jiangsu,
for the ``use'' of China 214028.
equipment controlled by ** Lam Research Service
ECCN 3B001), and 3E001 Co., Ltd., Wuhan
(limited to Representative Office,
``technology'' according Room 302, Guanggu
to the General Technology Software Park, Building
Note for the E4, No. 1 Guanshan Road,
``development'' or Donghu Development Zone,
``production'' (limited Wuhan, Hubei Province,
to those stages that China 430074.
support integration, ** Lam Research Service
assembly (mounting), Co., Ltd. (Lam Dalian
inspection, testing, and Representative Office), c/
quality assurance) of o Intel Semiconductor
equipment controlled by (Dalian) Ltd., No. 109
ECCN 3B001).. Huaihe Road East, Dalian
Economic & Technical
Development Area, Dalian,
China 116600.
** Lam Research Service
(Shanghai) Co., Ltd.
Xi'an Branch, Room 602,
Building G, Wangzuo
Xiandai City, 35 Tangyan
Road, Gaoxin District,
Xi'an, China, 710065
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 71019]]
Dated: November 24, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-28221 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-33-P
