Amendments to Existing Validated End-User Authorizations in the People's Republic of China, 65931-65934 [2015-27442]
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Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations
(5) For service information identified in
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Issued in Renton, Washington, on October
16, 2015.
Jeffrey E. Duven,
Manager,Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2015–27190 Filed 10–27–15; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 150825776–5776–01]
RIN 0694–AG69
Amendments to Existing Validated
End-User Authorizations 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 revise the existing
authorizations for Validated End Users
Advanced Micro-Fabrication
Equipment, Inc., China (AMEC) and
Applied Materials (China), Inc. (AMC)
in the People’s Republic of China (PRC).
Specifically, BIS amends Supplement
No. 7 to Part 748 of the EAR to add one
item to AMEC’s list of eligible items that
may be exported, reexported or
transferred (in country) to the
company’s eligible facility in the PRC,
and to add a facility and an item to
Validated End User AMC’s list of
eligible destinations and eligible items.
DATES: This rule is effective October 28,
2015.
FOR FURTHER INFORMATION CONTACT: EndUser Review Committee, Office of the
Assistant Secretary, Export
Administration, Bureau of Industry and
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SUMMARY:
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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.
Amendments to Existing VEU
Authorization for Advanced MicroFabrication Equipment Inc. China
(AMEC) and Applied Materials (China)
Inc. (AMC) in the People’s Republic of
China
Revision to the List of ‘‘Eligible Items (by
ECCN)’’ for AMEC
In this final rule, BIS amends
Supplement No. 7 to Part 748 to add one
Export Control Classification Number
(ECCN), 3B001.a.2, to the list of items
that may be exported, reexported or
transferred (in country) to AMEC’s
facility in the PRC under Authorization
VEU. This amendment is made in
response to a request from AMEC and
upon the ERC’s determination that
adding the additional ECCN is
authorized under Section 748.15 of the
EAR. The revised list of eligible items
for AMEC is as follows:
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65931
Eligible Items (by ECCN) That May Be
Exported, Reexported or Transferred (In
Country) to the Eligible Destination
Identified Under AMEC’s Validated
End-User Authorization
2B230, 3B001.a.2, 3B001.c and
3B001.e (items classified under ECCNs
3B001.a.2, 3B001.c, and 3B001.e are
limited to components and accessories).
Revision to the List of ‘‘Eligible Items (by
ECCN)’’ and List of ‘‘Eligible
Destinations’’ for AMC
In this rule, BIS also amends
Supplement No. 7 to Part 748 to add an
eligible facility, Applied Materials
(China), Inc.—Headquarters, to AMC’s
authorized list of ‘‘Eligible
Destinations.’’ Further, BIS authorizes
one ECCN, 3E001 (limited to
‘‘technology’’ according to the General
Technology Note for the
‘‘development,’’ or ‘‘production’’ of
items controlled by ECCN 3B001), for
the list of items which may be exported,
reexported or transferred (in country) to
that facility in the PRC under AMC’s
Authorization VEU. These amendments
are made in response to a request from
AMC and upon the ERC’s determination
that adding the additional facility and
additional ECCN is authorized under
Section 748.15 of the EAR. The new
eligible facility and related eligible
items, identified by three asterisks in
Supplement No. 7 to Part 748, for AMC
are as follows:
New Eligible Destination, Applied
Materials (China), Inc.—Headquarters,
1388 Zhangdong Road, Bldg. 22,
Zhangiang Hi-Tech Park, Pudong,
Shanghai, 201203, China
Eligible Item (by ECCN) That May Be
Exported, Reexported or Transferred
(In Country) to the Applied Materials
(China), Inc.—Headquarters Eligible
Destination Identified Under AMCs
Validated End-User Authorization,
3E001 (limited to ‘‘technology’’
according to the General Technology
Note for the ‘‘development’’ or
‘‘production’’ of items controlled by
ECCN 3B001)
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,
2015, 80 FR 48233 (August 11, 2015),
has continued the Export
Administration Regulations in effect
under the International Emergency
Economic Powers Act. BIS continues to
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Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations
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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
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.
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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
adds eligible destinations and items to
two existing eligible VEUs. 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
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Fmt 4700
Sfmt 4700
according to those criteria, is
unnecessary.
Section 553(d) of the APA generally
provides that rules may not take effect
earlier than thirty (30) days after they
are published in the Federal Register.
However, BIS finds good cause to waive
the 30-day delay in effectiveness for this
rule pursuant to 5 U.S.C. 553(d)(3)
because the delay would be contrary to
the public interest. BIS is simply
amending the authorization of two
existing VEUs by adding an ECCN and
a facility for one and an ECCN for the
other to the list of eligible items that
may be sent to them, 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 would likely cause
confusion regarding which 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 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, 2015, 80 FR 48233 (August 11,
2015).
2. Amend Supplement No. 7 to part
748, under ‘‘China (People’s Republic
of),’’ by revising the entries for
‘‘Advanced Micro-Fabrication
Equipment, Inc., China’’ and ‘‘Applied
Materials (China), Inc.’’ to read as
follows:
■
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Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations
65933
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).
*
*
Advanced MicroFabrication
Equipment,
Inc., China.
*
*
2B230, 3B001.a.2, 3B001.c and
3B001.e (items classified under
ECCNs 3B001.a.2, 3B001.c
and 3B001.e are limited to
components and accessories).
Applied Materials (China),
Inc.
These Items Authorized for those
Applied Materials Destinations
Identified by one asterisk (*):,
2B006.b, 2B230, 2B350.g.3,
2B350.i, 3B001.a, 3B001.b,
3B001.c, 3B001.e, 3B001.f,
3C001, 3C002, 3D002 (limited
to ‘‘software’’ specially designed for the ‘‘use’’ of stored
program controlled items classified under ECCN 3B001).
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These Items Authorized for the
Applied Materials Destination
Identified by two asterisks (**):
2B006.b, 2B230, 2B350.g.3,
2B350.i, 3B001.a, 3B001.b,
3B001.c, 3B001.e, 3B001.f,
3C001, 3C002, 3D002 (limited
to ‘‘software’’ specially designed for the ‘‘use’’ of stored
program controlled items classified under ECCN 3B001),
and 3E001 (limited to ‘‘technology’’ according to the General Technology Note for the
‘‘development’’ or ‘‘production’’
of items controlled by ECCN
3B001).
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*
*
*
Advanced
Micro-Fabrication 78 FR 41291, 7/10/13. 80 FR
Equipment, Inc., 188 Taihua
[INSERT PAGE NUMBER], 10/
Road, Jinqiao Export Proc28/15.
essing Zone (South Area),
Pudong, Shanghai 201201,
China.
* Applied Materials South East 72 FR 59164, 10/19/07. 74 FR
Asia
Pte.
Ltd.—Shanghai
19382, 4/29/09. 75 FR 27185,
Depot, c/o Shanghai Applied
5/14/10. 77 FR 10953, 2/24/12.
Materials Technical Service
80 FR, [INSERT PAGE NUMCenter, No. 2667 Zuchongzhi
BER], 10/28/15.
Road, Shanghai, China 201203.
* Applied Materials South East
Asia Pte. Ltd.—Beijing Depot,
c/o Beijing Applied Materials
Technical Service Center, No.
1 North Di Sheng Street, BDA,
Beijing, China 100176.
* Applied Materials South East
Asia Pte. Ltd.—Wuxi Depot, c/
o Sinotrans Jiangsu Fuchang
Logistics Co., Ltd., 1 Xi Qin
Road, Wuxi Export Processing
Zone, Wuxi, Jiangsu, China
214028.
* Applied Materials South East
Asia Pte. Ltd.—Wuhan Depot,
c/o Wuhan Optics Valley Import & Export Co., Ltd., No.
101 Guanggu Road, East Lake
High-Tec Development Zone,
Wuhan, Hubei, China 430074.
* Applied Materials (China), Inc.—
Shanghai Depot, No. 2667,
Zuchongzhi Road, Shanghai,
China 201203.
* Applied Materials (China), Inc.—
Beijing Depot, No. 1 North Di
Sheng Street, BDA, Beijing,
China 100176.
** Applied Materials (Xi’an) Ltd.,
No. 28 Xin Xi Ave., Xi’an High
Tech Park, Export Processing
Zone, Xi’an, Shaanxi, China
710075.
Sfmt 4700
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65934
Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations
SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS—Continued
Validated
end-user
*
Eligible items
(by ECCN)
Eligible destination
This item is authorized for those
Applied Materials Destination
Identified by three asterisks
(***): 3E001 (limited to ‘‘technology’’ according to the General Technology Note for the
‘‘development’’ or ‘‘production’’
of items controlled by ECCN
3B001).
Country
*** Applied Materials (China),
Inc.—Headquarters,
1388
Zhangdong Road, Bldg. 22,
Zhangjiang
Hi-Tech
Park,
Pudong, Shanghai, 201203,
China.
*
*
Dated: October 21, 2015.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
BILLING CODE 3510–33–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 197
[Docket ID: DoD–2013–OS–0108]
RIN 0790–AJ07
Historical Research in the Files of the
Office of the Secretary of Defense
(OSD)
Department of Defense.
Final rule.
AGENCY:
This final rule updates and
clarifies procedures regarding the
review and accessibility to records and
information in the custody of the
Secretary of Defense and the OSD
Components. The purpose of this rule is
to provide such guidance to former
Cabinet level officials and former
Presidential appointees (FPAs),
including their personnel, aides, and
official researchers.
DATES: This rule is effective November
27, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Ronald R. McCully, 571–372–0473.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Executive Summary
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A. Purpose of the Regulatory Action
a. The Office of the Secretary of
Defense (OSD) is issuing a final rule that
would update Part 197.5 of Title 32,
Code of Federal Regulations. This final
rule updates and clarifies procedures
regarding the review and accessibility to
records and information in the custody
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15:03 Oct 27, 2015
Jkt 238001
*
of the Secretary of Defense and the OSD
Components. The purpose of this rule is
to provide such guidance to former
Cabinet level officials and former
Presidential appointees (FPAs),
including their personnel, aides, and
official researchers.
b. In accordance with Title 5 of the
United States Code, ‘‘Government
Organization and Employees,’’ this rule
updates procedures for the programs
that permit authorized personnel to
perform historical research in records
created by or in the custody of Office of
the Secretary of Defense and its
components consistent with federal
regulations.
[FR Doc. 2015–27442 Filed 10–27–15; 8:45 am]
ACTION:
*
B. Summary of the Major Provisions of
the Regulatory Action In Question
This final rule updates and clarifies
procedures regarding the review and
accessibility to records and information
in the custody of the Secretary of
Defense and the OSD Components. The
purpose of this rule is to provide such
guidance to former Cabinet level
officials and former Presidential
appointees (FPAs), including their
personnel, aides, and official
researchers.
1. Explanation of FOIA Exemptions
and Classification Categories:
Explanation of restrictions applicable to
the public’s request for information
within OSD files.
2. Responsibilities: Outlines the
responsibilities of Director of
Administration and Management
(D&AM); OSD Records Administrator,
and the OSD Components.
3. Procedures for Historical
Researchers Permanently Assigned
Within the Executive Branch Working
on Official Projects: Updates and
outlines procedures for access to
information held within OSD files for
historical research.
4. Procedures for the Department of
State (DoS) Foreign Relations of the
United States (FRUS) Series: Updates
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Federal Register citation
Sfmt 4700
*
*
and outlines for official researchers of
the DOS to access information within
OSD Files.
5. Procedures for Historical
Researchers Not Permanently Assigned
to the Executive Branch: Updates and
outlines procedures for Non DoD and
executive branch personnel to access
information within OSD files for
historical research.
6. Procedures for Document Review
for the FRUS Series: Updates and
outlines procedures for reviewing FRUS
information within OSD files for
historical research.
7. Procedures for Copying Documents:
Updates and outlines procedures for
copying information within OSD files
for historical research.
8. General Guidelines for Researching
OSD Records: Updates and outlines
procedures for researching information
within OSD files for historical research.
9. General Guidelines for Researching
OSD Records: Updates and outlines
guidelines applicable to researchers
while reviewing OSD files.
C. Costs and Benefits
Annual yearly cost vary and are
dependent on the number of researchers
requesting access to DoD owned
information, the volume of information
requiring review and/or declassification
and other operational constraints within
a given FY.
Cost: Cost estimates use actual data
for 2012 per hour. Cost is aggregated
based on average rank (military), grade
(civilian) and time in service for
personnel qualified for oversight of
researchers within the WashingtonBaltimore-Northern Virginia, DC-MDVA-WV-PA area.
Military = Rank 05 with 10+ years of
time in service
Civilian = Grade GS–13, Step 5+ with
minimum 5 years of time in service
Military = $39.77 per hour
Civilian = $48.51 per hour
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]]>Agencies
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)]
[Rules and Regulations]
[Pages 65931-65934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27442]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 150825776-5776-01]
RIN 0694-AG69
Amendments to Existing Validated End-User Authorizations in the
People's Republic of China
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
authorizations for Validated End Users Advanced Micro-Fabrication
Equipment, Inc., China (AMEC) and Applied Materials (China), Inc. (AMC)
in the People's Republic of China (PRC). Specifically, BIS amends
Supplement No. 7 to Part 748 of the EAR to add one item to AMEC's list
of eligible items that may be exported, reexported or transferred (in
country) to the company's eligible facility in the PRC, and to add a
facility and an item to Validated End User AMC's list of eligible
destinations and eligible items.
DATES: This rule is effective October 28, 2015.
FOR FURTHER INFORMATION CONTACT: 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.
Amendments to Existing VEU Authorization for Advanced Micro-Fabrication
Equipment Inc. China (AMEC) and Applied Materials (China) Inc. (AMC) in
the People's Republic of China
Revision to the List of ``Eligible Items (by ECCN)'' for AMEC
In this final rule, BIS amends Supplement No. 7 to Part 748 to add
one Export Control Classification Number (ECCN), 3B001.a.2, to the list
of items that may be exported, reexported or transferred (in country)
to AMEC's facility in the PRC under Authorization VEU. This amendment
is made in response to a request from AMEC and upon the ERC's
determination that adding the additional ECCN is authorized under
Section 748.15 of the EAR. The revised list of eligible items for AMEC
is as follows:
Eligible Items (by ECCN) That May Be Exported, Reexported or
Transferred (In Country) to the Eligible Destination Identified Under
AMEC's Validated End-User Authorization
2B230, 3B001.a.2, 3B001.c and 3B001.e (items classified under ECCNs
3B001.a.2, 3B001.c, and 3B001.e are limited to components and
accessories).
Revision to the List of ``Eligible Items (by ECCN)'' and List of
``Eligible Destinations'' for AMC
In this rule, BIS also amends Supplement No. 7 to Part 748 to add
an eligible facility, Applied Materials (China), Inc.--Headquarters, to
AMC's authorized list of ``Eligible Destinations.'' Further, BIS
authorizes one ECCN, 3E001 (limited to ``technology'' according to the
General Technology Note for the ``development,'' or ``production'' of
items controlled by ECCN 3B001), for the list of items which may be
exported, reexported or transferred (in country) to that facility in
the PRC under AMC's Authorization VEU. These amendments are made in
response to a request from AMC and upon the ERC's determination that
adding the additional facility and additional ECCN is authorized under
Section 748.15 of the EAR. The new eligible facility and related
eligible items, identified by three asterisks in Supplement No. 7 to
Part 748, for AMC are as follows:
New Eligible Destination, Applied Materials (China), Inc.--
Headquarters, 1388 Zhangdong Road, Bldg. 22, Zhangiang Hi-Tech Park,
Pudong, Shanghai, 201203, China
Eligible Item (by ECCN) That May Be Exported, Reexported or Transferred
(In Country) to the Applied Materials (China), Inc.--Headquarters
Eligible Destination Identified Under AMCs Validated End-User
Authorization, 3E001 (limited to ``technology'' according to the
General Technology Note for the ``development'' or ``production'' of
items controlled by ECCN 3B001)
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, 2015, 80 FR 48233 (August 11, 2015), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to
[[Page 65932]]
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 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 adds eligible
destinations and items to two existing eligible VEUs. 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. However, BIS finds good cause to waive the 30-day
delay in effectiveness for this rule pursuant to 5 U.S.C. 553(d)(3)
because the delay would be contrary to the public interest. BIS is
simply amending the authorization of two existing VEUs by adding an
ECCN and a facility for one and an ECCN for the other to the list of
eligible items that may be sent to them, 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 would likely cause
confusion regarding which 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 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, 2015, 80 FR
48233 (August 11, 2015).
0
2. Amend Supplement No. 7 to part 748, under ``China (People's Republic
of),'' by revising the entries for ``Advanced Micro-Fabrication
Equipment, Inc., China'' and ``Applied Materials (China), Inc.'' to
read as follows:
[[Page 65933]]
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 Federal Register
Country user ECCN) destination citation
----------------------------------------------------------------------------------------------------------------
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
to Sec. 748.15(c).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Advanced Micro- 2B230, 3B001.a.2, Advanced Micro- 78 FR 41291, 7/10/
Fabrication 3B001.c and Fabrication 13. 80 FR [INSERT
Equipment, Inc., 3B001.e (items Equipment, Inc., PAGE NUMBER], 10/
China. classified under 188 Taihua Road, 28/15.
ECCNs 3B001.a.2, Jinqiao Export
3B001.c and Processing Zone
3B001.e are (South Area),
limited to Pudong, Shanghai
components and 201201, China.
accessories).
Applied Materials These Items * Applied 72 FR 59164, 10/19/
(China), Inc. Authorized for Materials South 07. 74 FR 19382,
those Applied East Asia Pte. 4/29/09. 75 FR
Materials Ltd.--Shanghai 27185, 5/14/10.
Destinations Depot, c/o 77 FR 10953, 2/24/
Identified by one Shanghai Applied 12. 80 FR,
asterisk (*):, Materials [INSERT PAGE
2B006.b, 2B230, Technical Service NUMBER], 10/28/
2B350.g.3, Center, No. 2667 15.
2B350.i, 3B001.a, Zuchongzhi Road,
3B001.b, 3B001.c, Shanghai, China
3B001.e, 3B001.f, 201203.
3C001, 3C002, * Applied
3D002 (limited to Materials South
``software'' East Asia Pte.
specially Ltd.--Beijing
designed for the Depot, c/o
``use'' of stored Beijing Applied
program Materials
controlled items Technical Service
classified under Center, No. 1
ECCN 3B001). North Di Sheng
Street, BDA,
Beijing, China
100176..
* Applied
Materials South
East Asia Pte.
Ltd.--Wuxi Depot,
c/o Sinotrans
Jiangsu Fuchang
Logistics Co.,
Ltd., 1 Xi Qin
Road, Wuxi Export
Processing Zone,
Wuxi, Jiangsu,
China 214028.
* Applied
Materials South
East Asia Pte.
Ltd.--Wuhan
Depot, c/o Wuhan
Optics Valley
Import & Export
Co., Ltd., No.
101 Guanggu Road,
East Lake High-
Tec Development
Zone, Wuhan,
Hubei, China
430074.
* Applied
Materials
(China), Inc.--
Shanghai Depot,
No. 2667,
Zuchongzhi Road,
Shanghai, China
201203.
* Applied
Materials
(China), Inc.--
Beijing Depot,
No. 1 North Di
Sheng Street,
BDA, Beijing,
China 100176.
These Items ** Applied
Authorized for Materials (Xi'an)
the Applied Ltd., No. 28 Xin
Materials Xi Ave., Xi'an
Destination High Tech Park,
Identified by two Export Processing
asterisks (**): Zone, Xi'an,
2B006.b, 2B230, Shaanxi, China
2B350.g.3, 710075.
2B350.i, 3B001.a,
3B001.b, 3B001.c,
3B001.e, 3B001.f,
3C001, 3C002,
3D002 (limited to
``software''
specially
designed for the
``use'' of stored
program
controlled items
classified under
ECCN 3B001), and
3E001 (limited to
``technology''
according to the
General
Technology Note
for the
``development''
or ``production''
of items
controlled by
ECCN 3B001).
[[Page 65934]]
This item is *** Applied
authorized for Materials
those Applied (China), Inc.--
Materials Headquarters,
Destination 1388 Zhangdong
Identified by Road, Bldg. 22,
three asterisks Zhangjiang Hi-
(***): 3E001 Tech Park,
(limited to Pudong, Shanghai,
``technology'' 201203, China.
according to the
General
Technology Note
for the
``development''
or ``production''
of items
controlled by
ECCN 3B001).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Dated: October 21, 2015.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2015-27442 Filed 10-27-15; 8:45 am]
BILLING CODE 3510-33-P
