Amendments to Existing Validated End-User Authorization in the People's Republic of China: Advanced Micro Devices, Inc., 40783-40785 [2016-14902]

Download as PDF Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations ending March 25, 2016, was provided for interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/ rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Antoinette Carter at the previously-mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as herein set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 2016 fiscal period began on January 1, 2016, and the marketing order requires that the rate of assessment for each fiscal period apply to all assessable grapes handled during such fiscal period; (2) the Committee needs to have sufficient funds to pay its expenses, which are incurred on a continuous basis; and (3) handlers are aware of this action, which was unanimously recommended by the Committee at a public meeting and is similar to other assessment rate actions issued in past years. Also, a 15-day comment period was provided for in the proposed rule and no comments were received. List of Subjects in 7 CFR Part 925 Grapes, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 925 is amended as follows: PART 925—GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN CALIFORNIA asabaliauskas on DSK3SPTVN1PROD with RULES Authority: 7 U.S.C. 601–674. 2. Section 925.215 is revised to read as follows: ■ Assessment rate. On and after January 1, 2016, an assessment rate of $0.0300 per 18-pound lug is established for grapes grown in a designated area of southeastern California. VerDate Sep<11>2014 16:58 Jun 22, 2016 Jkt 238001 [FR Doc. 2016–14824 Filed 6–22–16; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 748 [Docket No. 160303186–6186–01] RIN 0694–AG91 Amendments to Existing Validated End-User Authorization in the People’s Republic of China: Advanced Micro Devices, Inc. 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 Validated End-User (VEU) list for the People’s Republic of China by updating the list of eligible items and destinations (facilities) for VEU Advanced Micro Devices, Inc. (AMD). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to remove an existing ‘‘eligible destination’’ (facility); add a building to an existing address at one of AMD’s already approved facilities to which eligible items may be exported, reexported or transferred (in-country); and reflect the recent removal of an existing ‘‘eligible item’’ from the Commerce Control List (CCL). DATES: This rule is effective June 23, 2016. FOR FURTHER INFORMATION CONTACT: 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; Email: ERC@ bis.doc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background 1. The authority citation for 7 CFR part 925 continues to read as follows: ■ § 925.215 Dated: June 17, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. 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 (facilities) and items are identified in PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 40783 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, 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 Devices, Inc. (AMD) in the People’s Republic of China Revision to the List of ‘‘Eligible Destinations’’ and ‘‘Eligible Items’’ for AMD In this final rule, BIS amends Supplement No. 7 to part 748 to revise AMD’s VEU authorization. Specifically, in this rule BIS removes one of AMD’s existing eligible destinations (facilities). Also, in this rule, BIS adds a building to an existing address at one of AMD’s facilities already approved under Authorization VEU, to which the company’s eligible items may be exported, reexported or transferred (incountry) in the People’s Republic of China (PRC) under the authorization. Finally, in this rule, BIS removes Export Control Classification Number (ECCN) 4D002 from the list of AMD’s eligible items to reflect the removal of that item from the CCL by 80 FR 29432 (May 21, 2015). The amendments to the eligible destinations (facilities) are in response to a request from AMD, while the amendment to the eligible items list reflects the recent removal of that ECCN from the CCL. All amendments were approved by the ERC. The revisions are as follows: Removal of AMD’s Eligible Destination (Facility) AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou, China 215021. E:\FR\FM\23JNR1.SGM 23JNR1 40784 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations Revision and Update of Address for One of AMD’s Eligible Destinations (Facilities) Current Address: Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park, 1387 Zhangdong Rd., Pudong, Shanghai, China 201203 New Address: Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 33 (Unit 1), 46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park, No. 1387 Zhang Dong Road, Pudong District, Shanghai, China 201203 Removal of AMD’s Eligible Item: ECCN 4D002 With this revision, AMD’s ‘‘Eligible Items’’ are as follows: 3D002, 3D003, 3E001 (limited to ‘‘technology’’ for items classified under 3C002 and 3C004 and ‘‘technology’’ for use during the International Technology Roadmap for Semiconductors (ITRS) process for items classified under ECCNs 3B001 and 3B002), 3E002 (limited to ‘‘technology’’ for use during the ITRS process for items classified under ECCNs 3B001 and 3B002), 3E003.e (limited to the ‘‘development’’ and ‘‘production’’ of integrated circuits for commercial applications), 4D001 and 4E001 (limited to the ‘‘development’’ of products under ECCN 4A003. asabaliauskas on DSK3SPTVN1PROD with RULES 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 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, VerDate Sep<11>2014 16:58 Jun 22, 2016 Jkt 238001 reducing costs, harmonizing rules, and promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. This rule involves collections previously approved by the Office of Management and Budget (OMB) under Control Number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a burden hour estimate of 43.8 minutes to prepare and submit form BIS–748; and for recordkeeping, reporting and review requirements in connection with Authorization VEU, which carries an estimated burden of 30 minutes per submission. This rule is expected to result in a decrease in license applications submitted to BIS. Total burden hours associated with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control Number 0694–0088 are not expected to increase significantly as a result of this rule. Notwithstanding any other provisions of law, no person is required to respond to, nor be subject to a penalty for failure to comply with a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), BIS finds good cause to waive requirements that this rule be subject to notice and the opportunity for public comment because they are unnecessary. In determining whether to grant VEU designations, a committee of U.S. Government agencies evaluates information about and commitments made by candidate companies, the nature and terms of which are set forth in 15 CFR part 748, Supplement No. 8. The criteria for evaluation by the committee are set forth in 15 CFR 748.15(a)(2). The information, commitments, and criteria for this extensive review were all established through the notice of proposed rulemaking and public comment process (71 FR 38313 (July 6, 2006) (proposed rule), and 72 FR 33646 (June 19, 2007) (final rule)). Given the 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 amends the authorization for an existing eligible VEU to remove an eligible destination (facility), revise an existing eligible destination (facility) to add a building, and remove an eligible item no PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 longer listed on the CCL. 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 license applications are reviewed through an interagency review process, 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 an existing VEU by removing an existing eligible destination (facility), revising the address of another eligible destination (facility) to add a building, and removing an eligible item no longer listed on the CCL. BIS amends the EAR in this rule consistent with established objectives and parameters administered E:\FR\FM\23JNR1.SGM 23JNR1 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 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: 40785 PART 748—[AMENDED] 1. The authority citation for part 748 continues to read as follows: ■ Authority: 50 U.S.C. 4601 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 by revising the entry for ‘‘Advanced Micro Devices China, Inc.’’ in ‘‘China (People’s Republic of)’’ to read as follows: ■ SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, RE-EXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS Validated end-user Country Eligible items (by ECCN) Federal Register citation Eligible destination Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c). China (People’s Republic of). Advanced Micro Devices China, Inc. 3D002, 3D003, 3E001 (limited to ‘‘technology’’ for items classified under 3C002 and 3C004 and ‘‘technology’’ for use during the International Technology Roadmap for Semiconductors (ITRS) process for items classified under ECCNs 3B001 and 3B002), 3E002 (limited to ‘‘technology’’ for use during the ITRS process for items classified under ECCNs 3B001 and 3B002), 3E003.e (limited to the ‘‘development’’ and ‘‘production’’ of integrated circuits for commercial applications), 4D001 and 4E001 (limited to the ‘‘development’’ of products under ECCN 4A003). Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 33 (Unit 1), 46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park, No. 1387 Zhang Dong Road, Pudong District, Shanghai, China 201203. AMD Technology Development (Beijing) Co., Ltd., North and South Buildings, RaycomInfotech, Park Tower C, No. 2 Science Institute South Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190. 75 FR 25763, 5/10/10. 76 FR 2802, 1/18/11. 78 FR 3319, 1/16/13. 81 FR [INSERT PAGE NUMBER], 6/23/16. Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c). AMD Products (China) Co. Ltd., North and South Buildings, RaycomInfotech Park Tower C, No. 2 Science Institute South Rd., Zhong Guan Cun, Haidian District, Beijing, China 100190. * * * Dated: June 17, 2016. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. ACTION: DATES: asabaliauskas on DSK3SPTVN1PROD with RULES SECURITIES AND EXCHANGE COMMISSION [Release No. 34–78102; File No. S7–03–16] Commission Interpretation Regarding Automated Quotations Under Regulation NMS 16:58 Jun 22, 2016 Jkt 238001 Effective June 23, 2016. Richard Holley III, Assistant Director, Michael Bradley, Special Counsel, or Michael Ogershok, Attorney-Adviser, Office of Market Supervision, at 202– 551–5777, Division of Trading and Markets, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549–7010. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 * * I. Background FOR FURTHER INFORMATION CONTACT: 17 CFR Part 241 VerDate Sep<11>2014 Final interpretation. The Securities and Exchange Commission is issuing a final interpretation with respect to the definition of automated quotation under Rule 600(b)(3) of Regulation NMS. BILLING CODE 3510–33–P Securities and Exchange Commission. * SUMMARY: [FR Doc. 2016–14902 Filed 6–22–16; 8:45 am] AGENCY: * Rule 611 of Regulation NMS provides intermarket protection against tradethroughs for ‘‘automated’’ (as opposed to ‘‘manual’’) quotations of NMS stocks. Under Regulation NMS, an ‘‘automated’’ quotation is one that, among other things, can be executed ‘‘immediately and automatically’’ against an incoming immediate-or-cancel order. The Regulation NMS Adopting Release issued in 2005 makes clear that this formulation was intended to distinguish and exclude from protection quotations on manual markets that produced delays measured in seconds in responding to an incoming order, because delays of that magnitude would impair fair and efficient access to an E:\FR\FM\23JNR1.SGM 23JNR1

Agencies

[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40783-40785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14902]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 160303186-6186-01]
RIN 0694-AG91

Amendments to Existing Validated End-User Authorization in the
People's Republic of China: Advanced Micro Devices, Inc.

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
Validated End-User (VEU) list for the People's Republic of China by
updating the list of eligible items and destinations (facilities) for
VEU Advanced Micro Devices, Inc. (AMD). Specifically, BIS amends
Supplement No. 7 to part 748 of the EAR to remove an existing
``eligible destination'' (facility); add a building to an existing
address at one of AMD's already approved facilities to which eligible
items may be exported, reexported or transferred (in-country); and
reflect the recent removal of an existing ``eligible item'' from the
Commerce Control List (CCL).

DATES: This rule is effective June 23, 2016.

FOR FURTHER INFORMATION CONTACT: 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; 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
(facilities) 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,
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 Devices,
Inc. (AMD) in the People's Republic of China

Revision to the List of ``Eligible Destinations'' and ``Eligible
Items'' for AMD

In this final rule, BIS amends Supplement No. 7 to part 748 to
revise AMD's VEU authorization. Specifically, in this rule BIS removes
one of AMD's existing eligible destinations (facilities). Also, in this
rule, BIS adds a building to an existing address at one of AMD's
facilities already approved under Authorization VEU, to which the
company's eligible items may be exported, reexported or transferred
(in-country) in the People's Republic of China (PRC) under the
authorization. Finally, in this rule, BIS removes Export Control
Classification Number (ECCN) 4D002 from the list of AMD's eligible
items to reflect the removal of that item from the CCL by 80 FR 29432
(May 21, 2015). The amendments to the eligible destinations
(facilities) are in response to a request from AMD, while the amendment
to the eligible items list reflects the recent removal of that ECCN
from the CCL. All amendments were approved by the ERC. The revisions
are as follows:

Removal of AMD's Eligible Destination (Facility)

AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou,
China 215021.

[[Page 40784]]

Revision and Update of Address for One of AMD's Eligible Destinations
(Facilities)

Current Address: Advanced Micro Devices (Shanghai) Co., Ltd., Buildings
46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park, 1387
Zhangdong Rd., Pudong, Shanghai, China 201203
New Address: Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 33
(Unit 1), 46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park,
No. 1387 Zhang Dong Road, Pudong District, Shanghai, China 201203

Removal of AMD's Eligible Item: ECCN 4D002

With this revision, AMD's ``Eligible Items'' are as follows: 3D002,
3D003, 3E001 (limited to ``technology'' for items classified under
3C002 and 3C004 and ``technology'' for use during the International
Technology Roadmap for Semiconductors (ITRS) process for items
classified under ECCNs 3B001 and 3B002), 3E002 (limited to
``technology'' for use during the ITRS process for items classified
under ECCNs 3B001 and 3B002), 3E003.e (limited to the ``development''
and ``production'' of integrated circuits for commercial applications),
4D001 and 4E001 (limited to the ``development'' of products under ECCN
4A003.

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 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 amends the
authorization for an existing eligible VEU to remove an eligible
destination (facility), revise an existing eligible destination
(facility) to add a building, and remove an eligible item no longer
listed on the CCL. 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 license applications are reviewed
through an interagency review process, 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 an existing VEU by removing an
existing eligible destination (facility), revising the address of
another eligible destination (facility) to add a building, and removing
an eligible item no longer listed on the CCL. BIS amends the EAR in
this rule consistent with established objectives and parameters
administered

[[Page 40785]]

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. 4601 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 by revising the entry for
``Advanced Micro Devices China, Inc.'' in ``China (People's Republic
of)'' to read as follows:

Supplement No. 7 to Part 748--Authorization Validated End-User (Veu): List of Validated End-Users, Respective
Items Eligible for Export, Re-export and Transfer, and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
Validated end- Eligible items Eligible Federal Register
Country user (by 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).
----------------------------------------------------------------------------------------------------------------
China (People's Republic of).... Advanced Micro 3D002, 3D003, Advanced Micro 75 FR 25763, 5/10/
Devices China, 3E001 (limited to Devices 10.
Inc. ``technology'' (Shanghai) Co., 76 FR 2802, 1/18/
for items Ltd., Buildings 11.
classified under 33 (Unit 1), 46, 78 FR 3319, 1/16/
3C002 and 3C004 47, 48 & 49, 13.
and River Front 81 FR [INSERT PAGE
``technology'' Harbor, NUMBER],
for use during Zhangjiang Hi- 6/23/16.
the International Tech Park, No.
Technology 1387 Zhang Dong
Roadmap for Road, Pudong
Semiconductors District,
(ITRS) process Shanghai, China
for items 201203.
classified under AMD Technology
ECCNs 3B001 and Development
3B002), 3E002 (Beijing) Co.,
(limited to Ltd., North and
``technology'' South Buildings,
for use during RaycomInfotech,
the ITRS process Park Tower C, No.
for items 2 Science
classified under Institute South
ECCNs 3B001 and Rd., Zhong Guan
3B002), 3E003.e Cun, Haidian
(limited to the District,
``development'' Beijing, China
and 100190.
``production'' of
integrated
circuits for
commercial
applications),
4D001 and 4E001
(limited to the
``development''
of products under
ECCN 4A003).
----------------------------------------------------------------------------------------------------------------
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
to Sec. 748.15(c).
----------------------------------------------------------------------------------------------------------------
AMD Products
(China) Co. Ltd.,
North and South
Buildings,
RaycomInfotech
Park Tower C, No.
2 Science
Institute South
Rd., Zhong Guan
Cun, Haidian
District,
Beijing, China
100190.
----------------------------------------------------------------------------------------------------------------

* * * * * * *
----------------------------------------------------------------------------------------------------------------

Dated: June 17, 2016.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2016-14902 Filed 6-22-16; 8:45 am]
BILLING CODE 3510-33-P

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