Virtual Forum for Risks in the Semiconductor Manufacturing and Advanced Packaging Supply Chain, 16581-16583 [2021-06579]
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
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2778 (‘‘AECA’’). Specifically, Guerra
was convicted of knowingly and
willfully attempting to export from the
United States to Mexico, 18 boxes of
1,020 rounds of 7.62 x 39mm caliber
ammunition which were designated as
defense articles on the United States
Munitions List, without the required
U.S. Department of State licenses.
Guerra was sentenced to 48 months in
prison, three years of supervised release,
and a $100 assessment.
Pursuant to Section 1760(e) of the
Export Control Reform Act (‘‘ECRA’’),1
the export privileges of any person who
has been convicted of certain offenses,
including, but not limited to, Section 38
of the AECA, may be denied for a period
of up to ten (10) years from the date of
his/her conviction. 50 U.S.C. 4819(e)
(Prior Convictions). In addition, any
Bureau of Industry and Security (BIS)
licenses or other authorizations issued
under ECRA in which the person had an
interest at the time of the conviction
may be revoked. Id.
BIS received notice of Guerra’s
conviction for violating Section 38 of
the AECA and has provided notice and
opportunity for Guerra to make a
written submission to BIS, as provided
in Section 766.25 of the Export
Administration Regulations (‘‘EAR’’ or
the ‘‘Regulations’’). 15 CFR 766.25.2 BIS
has not received a written submission
from Guerra.
Based upon my review of the record
and consultations with BIS’s Office of
Exporter Services, including its
Director, and the facts available to BIS,
I have decided to deny Guerra’s export
privileges under the Regulations for a
period of 10 years from the date of
Guerra’s conviction. The Office of
Exporter Services has also decided to
revoke any BIS-issued licenses in which
1 ECRA was enacted as part of the John S. McCain
National Defense Authorization Act for Fiscal Year
2019, and as amended is codified at 50 U.S.C.
4801–4852. Guerra’s conviction post-dates ECRA’s
enactment on August 13, 2018.
2 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). Section 1768 of ECRA, 50 U.S.C. 4826,
provides in pertinent part that all rules and
regulations that were made or issued under the
EAA, including as continued in effect pursuant to
IEEPA, and were in effect as of ECRA’s date of
enactment (August 13, 2018), shall continue in
effect according to their terms until modified,
superseded, set aside, or revoked through action
undertaken pursuant to the authority provided
under ECRA. See note 1, above.
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17:59 Mar 29, 2021
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Guerra had an interest at the time of her
conviction.3
Accordingly, it is hereby ordered:
First, from the date of this Order until
February 12, 2029, Claudia Guerra, with
a last known address of Inmate Number:
15751–479, Federal Prison Camp Bryan,
P.O. Box 2149, Bryan, Texas 77805, and
when acting for or on her behalf, her
successors, assigns, employees, agents
or representatives (‘‘the Denied
Person’’), may not directly or indirectly
participate in any way in any
transaction involving any commodity,
software or technology (hereinafter
collectively referred to as ‘‘item’’)
exported or to be exported from the
United States that is subject to the
Regulations, including, but not limited
to:
A. Applying for, obtaining, or using
any license, license exception, or export
control document;
B. Carrying on negotiations
concerning, or ordering, buying,
receiving, using, selling, delivering,
storing, disposing of, forwarding,
transporting, financing, or otherwise
servicing in any way, any transaction
involving any item exported or to be
exported from the United States that is
subject to the Regulations, or engaging
in any other activity subject to the
Regulations; or
C. Benefitting in any way from any
transaction involving any item exported
or to be exported from the United States
that is subject to the Regulations, or
from any other activity subject to the
Regulations.
Second, no person may, directly or
indirectly, do any of the following:
A. Export or reexport to or on behalf
of the Denied Person any item subject to
the Regulations;
B. Take any action that facilitates the
acquisition or attempted acquisition by
the Denied Person of the ownership,
possession, or control of any item
subject to the Regulations that has been
or will be exported from the United
States, including financing or other
support activities related to a
transaction whereby the Denied Person
acquires or attempts to acquire such
ownership, possession or control;
C. Take any action to acquire from or
to facilitate the acquisition or attempted
acquisition from the Denied Person of
any item subject to the Regulations that
has been exported from the United
States;
D. Obtain from the Denied Person in
the United States any item subject to the
3 The Director, Office of Export Enforcement is
now the authorizing official for issuance of denial
orders, pursuant to recent amendments to the
Regulations (85 FR 73411, November 18, 2020).
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16581
Regulations with knowledge or reason
to know that the item will be, or is
intended to be, exported from the
United States; or
E. Engage in any transaction to service
any item subject to the Regulations that
has been or will be exported from the
United States and which is owned,
possessed or controlled by the Denied
Person, or service any item, of whatever
origin, that is owned, possessed or
controlled by the Denied Person if such
service involves the use of any item
subject to the Regulations that has been
or will be exported from the United
States. For purposes of this paragraph,
servicing means installation,
maintenance, repair, modification or
testing.
Third, pursuant to Section 1760(e) of
the Export Control Reform Act (50
U.S.C. 4819(e)) and Sections 766.23 and
766.25 of the Regulations, any other
person, firm, corporation, or business
organization related to Guerra by
ownership, control, position of
responsibility, affiliation, or other
connection in the conduct of trade or
business may also be made subject to
the provisions of this Order in order to
prevent evasion of this Order.
Fourth, in accordance with Part 756 of
the Regulations, Guerra may file an
appeal of this Order with the Under
Secretary of Commerce for Industry and
Security. The appeal must be filed
within 45 days from the date of this
Order and must comply with the
provisions of Part 756 of the
Regulations.
Fifth, a copy of this Order shall be
delivered to Guerra and shall be
published in the Federal Register.
Sixth, this Order is effective
immediately and shall remain in effect
until February 12, 2029.
John Sonderman,
Director, Office of Export Enforcement.
[FR Doc. 2021–06528 Filed 3–29–21; 8:45 am]
BILLING CODE 3510–DT–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 210325–0067]
RIN 0694–XC075
Virtual Forum for Risks in the
Semiconductor Manufacturing and
Advanced Packaging Supply Chain
Bureau of Industry and
Security, Office of Technology
Evaluation, U.S. Department of
Commerce.
ACTION: Notice of virtual forum.
AGENCY:
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16582
Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
On February 24, 2021,
President Biden issued the Executive
Order on ‘‘America’s Supply Chains,’’
which directs several Federal agency
actions to secure and strengthen
America’s supply chains. One of these
directions is for the Secretary of
Commerce to submit, within 100 days,
a report to the President identifying
risks in the semiconductor
manufacturing and advanced packaging
supply chains, and proposing policy
recommendations to address these risks.
Additionally, the National Defense
Authorization Act of 2021 includes a
title for ‘‘Creating Helpful Incentives to
Produce Semiconductors for America’’
that mandates several Federal actions in
securing the semiconductor-related
supply chain. On March 15, 2021, the
Bureau of Industry and Security (BIS)
published a notice of request for public
comments, Risks in the Semiconductor
Manufacturing and Advanced
Packaging Supply Chain (March 15
notice). The March 15 notice requests
written comments and information from
the public to assist the Department of
Commerce in preparing the report
required by the Executive Order with
written comments due by April 5, 2021.
BIS is publishing today’s notice to
announce a virtual forum that will occur
on April 8, 2021, that will allow
participants to orally address the policy
objectives listed in the Executive Order
as they affect the U.S. semiconductor
manufacturing and advanced packaging
supply chains, including but not limited
to the elements included in the March
15 notice. Today’s notice sets forth the
procedures for public participation in
the virtual forum.
DATES:
Virtual forum: The virtual forum will
be held on April 8, 2021. The virtual
forum will begin at 2:00 p.m. Eastern
Daylight Time (EDT) and conclude at
5:00 p.m. EDT.
Registration for the virtual forum:
Requests to register for the virtual
forum, including requests to make a
presentation, must be submitted by 5:00
p.m. EDT on April 1, 2021. See the
ADDRESSES section of this notice.
Registration for the virtual forum will
open on March 26, 2021.
Confirmation of registration and/or
speaking slot: The Department will
contact each person that has been
confirmed to provide oral comments in
the virtual forum by email no later than
12:00 p.m. EDT on April 5, 2021.
ADDRESSES: BIS has created a web page
on the BIS website for the virtual forum.
This web page will be used by the
public to register for the virtual forum,
including submitting requests to speak
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SUMMARY:
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at the virtual forum. The landing page
for the virtual forum will be accessed
through this web page on https://
www.bis.doc.gov/semiconductorforum .
Click on the link for ‘Register for the
Virtual Forum’ on this web page to
register for the virtual forum. People
interested in providing oral comments
during the virtual forum should make
this request when registering for the
virtual forum, including submitting a
brief overview of their remarks.
After registration is completed by the
Department, this web page will include
the agenda and the list of the scheduled
speakers for the virtual forum. Once a
person’s registration has been accepted
by BIS, the person will receive an email
notification from BIS with information
needed to access the virtual forum.
Registrants that requested to provide
oral comments at the virtual forum will
be notified by email if their request has
been accepted and will be provided the
allotted amount of time for their
speaking at the virtual forum. People
not selected to make a presentation may
provide written comments and submit
those in response to the March 15 notice
by the comment deadline of April 5,
2021. See the March 15 notice for
instructions on submitting written
comments. Participants should be
prepared to attend the forum in its
entirety as allotted speaker time slots
are subject to change and the program
will continue if a speaker is not
available when called to speak. Within
7 business days after the virtual forum
is completed, BIS will add a link to a
recording of the virtual forum and a
written transcript to make the recording
physically accessible to people with
disabilities.
FOR FURTHER INFORMATION CONTACT:
Erika Maynard, Defense Industrial Base
Division, Office of Technology
Evaluation, Bureau of Industry and
Security, at 202–482–5572 or
Semiconductorstudy@bis.doc.gov .
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2021, President
Biden issued Executive Order 14017,
‘‘America’s Supply Chains’’ (86 FR
11849) (E.O. 14017). E.O. 14017 focuses
on the need for resilient, diverse, and
secure supply chains to ensure U.S.
economic prosperity and national
security. Such supply chains are needed
to address conditions that can reduce
U.S.’ critical manufacturing capacity, as
well as the availability and integrity of
critical goods, products, and services. In
relevant part, E.O. 14017 directs that
within 100 days, the Secretary of
Commerce (Secretary) shall submit a
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report to the President, through the
Assistant to the President for National
Security Affairs (APNSA) and the
Assistant to the President for Economic
Policy (APEP), identifying the risks in
the semiconductor manufacturing and
advanced packaging supply chains, and
proposing policy recommendations to
address these risks.
Additionally, Title XCIX of the
National Defense Authorization Act of
2021 (FY21 NDAA), ‘‘Creating Helpful
Incentives to Produce Semiconductors
for America,’’ mandates several Federal
actions to secure the security of the
semiconductor-related supply chain.
Section 9904 of the FY21 NDAA
(‘‘Department of Commerce Study on
Status of Microelectronics Technologies
in the United States’’) requires the
Secretary to assess the capabilities of the
U.S. microelectronics industrial base to
support the national defense, in light of
the global nature and interdependence
of the supply chain with respect to
manufacture, design, and end use. The
Secretary must submit a report to
Congress that includes a list of critical
technology areas impacted by potential
disruptions in the production of
microelectronics and an assessment of
gaps and vulnerabilities in the
microelectronics supply chain.
On March 15, 2021, BIS published a
notice of request for public comments,
Risks in the Semiconductor
Manufacturing and Advanced
Packaging Supply Chain (86 FR 14308)
(the March 15 notice). The March 15
notice requests comments and
information from the public to assist the
Department of Commerce (Department)
in preparing the report required by E.O.
14017. In developing this report, the
Secretary will consult with the heads of
appropriate agencies and will be
advised by all relevant bureaus and
components of the Department
including, but not limited to, BIS and
the International Trade Administration.
After that report is completed, the
Department will assess whether
additional information will be needed to
conduct the assessment required by
Section 9904 of the FY21 NDAA.
BIS is publishing today’s notice to
announce a virtual forum that will occur
on April 8, 2021 that will allow
commenters to address the policy
objectives listed in E.O. 14017 as they
affect the U.S. semiconductor
manufacturing and advanced packaging
supply chains including, but not limited
to, the elements included in the March
15 notice. This notice sets forth the
procedures for public participation in
the virtual forum.
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Federal Register / Vol. 86, No. 59 / Tuesday, March 30, 2021 / Notices
Virtual Forum
Consistent with the interest of the
Department in soliciting public
comments on issues affecting risks in
the semiconductor manufacturing and
advanced packaging supply chain as
described in the March 15 notice, the
Department is holding a virtual forum.
The virtual forum will assist the
Department in preparing the report
required by E.O. 14017. Public
comments at the virtual forum should
address the policy objectives listed in
E.O. 14017 as they affect the U.S.
semiconductor manufacturing and
advanced packaging supply chains,
including but not limited to the
elements identified in the March 15
notice. See the March 15 notice for the
elements and E.O. 14017. The virtual
forum will be held on April 8, 2021. The
forum will begin at 2:00 p.m. EDT and
conclude at 5:00 p.m. EDT.
jbell on DSKJLSW7X2PROD with NOTICES
Procedure for Requesting Participation
See the ADDRESSES section of this
notice for how to register and access the
virtual forum. The Department
encourages interested public
participants to present their views orally
at the virtual forum. Any person
wishing to make an oral presentation at
the virtual forum must register with the
Department at the Web address
indicated in the ADDRESSES section of
this notice. The request to speak in the
virtual forum must be accompanied by
an overview of the oral presentation.
Speakers’ registration, including
overviews of written remarks, must be
received by the Department no later
than 5:00 p.m. EDT on April 1, 2021.
BIS will not accept any registrations
after that time for the virtual forum.
Please note that the submission of
overviews of presentations at the virtual
forum is separate from the request for
written comments described in March
15 notice. Since it may be necessary to
limit the number of persons making
presentations, the overview should
describe the individual’s interest in the
virtual forum and, where appropriate,
explain why the individual is a proper
representative of a group or class of
persons that has such an interest. If all
interested parties cannot be
accommodated at the virtual forum, the
overviews of the oral presentations will
be used to allocate speaking time and to
ensure that a full range of comments is
heard.
Each person selected to make a
presentation will be notified by the
Department no later than 12:00 p.m.
EDT on April 5, 2021. The Department
will arrange the presentation times for
the speakers. Representatives from the
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17:59 Mar 29, 2021
Jkt 253001
Department and other U.S. Government
agencies, as appropriate, will make up
the virtual forum panel. Written
overview submissions by persons not
selected to make presentations will be
made part of the public record of the
proceeding, as well as the overview
submission of those persons selected to
make presentations. Confidential
business information may not be
submitted at a virtual forum. The virtual
forum will be recorded.
Copies of the requests to speak at the
virtual forum and the transcript of the
forum will be maintained on BIS’s web
page, which can be found at https://
www.bis.doc.gov (see Freedom of
Information Act link at the bottom of the
page) and at https://www.bis.doc.gov/
semiconductorforum . These documents
will also be posted through the Federal
eRulemaking Portal: https://
www.regulations.gov under docket
number BIS–2021–0011, which is the
docket number for the May 15 notice. If
the requesters cannot access the
website, they may call (202) 482–0795
for assistance. The records related to
this assessment are made accessible in
accordance with the regulations
published in part 4 of title 15 of the
Code of Federal Regulations (15 CFR 4.1
et seq.).
Conduct of the Virtual Forum
The Department reserves the right to
select the persons to be heard at the
virtual forum, to schedule their
respective presentations, and to
establish the procedures governing the
conduct of the virtual forum. Each
speaker will be limited to a time set by
the Department and comments must be
directly related to the policy objectives
listed in E.O. 14017 as they affect the
U.S. semiconductor manufacturing and
advanced packaging supply chains,
including but not limited to the
elements included in the March 15
notice.
A Department official will be
designated to preside at the virtual
forum. The presiding officer shall
determine all procedural matters during
the virtual forum. Representatives from
the Department, and other U.S.
Government agencies, as appropriate,
will make up the virtual forum panel.
This will be a fact-finding proceeding. It
will not be a judicial or evidentiary-type
virtual forum. Only members of the
virtual forum panel may ask questions
and there will be no cross-examination
of persons presenting statements. No
formal rules of evidence will apply to
the virtual forum. Any further
procedural rules for the proper conduct
of the virtual forum will be announced
by the presiding officer.
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16583
Special Accommodations
This virtual forum is physically
accessible to people with disabilities.
See the ADDRESSES section of this notice.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–06579 Filed 3–26–21; 4:15 pm]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Order Denying Export Privileges
In the Matter of: Jean Baptiste Kingery,
8764 S 48th Avenue, Apt. 1605, Yuma, AX
85364.
On September 20, 2016 in the U.S.
District Court for the District of Arizona,
Jean Baptiste Kingery (‘‘Kingery’’) was
convicted of violating Section 38 of the
Arms Export Control Act (22 U.S.C.
2778) (‘‘AECA’’). Specifically, Kingery
was convicted of violating Section 38 of
the AECA by knowingly and willfully
attempting to export from the United
States to Mexico, MK–II, M–67, M–61
Grenade Shells, M213, M228 Detonating
Fuse, Winchester .45 Caliber 230 FMJ
ammunition and Speer Lawman .380
Caliber ammunition, designated as
defense articles on the United States
Munitions List, without the required
U.S. Department of State licenses.
Kingery was sentenced to 60 months in
prison, three years of supervised release,
and a $100 assessment. Kingery also
was placed on the U.S. Department of
State debarred list.
The Export Administration
Regulations (‘‘EAR’’ or ‘‘Regulations’’)
are administered and enforced by the
U.S. Department of Commerce’s Bureau
of Industry and Security (‘‘BIS’’).1
1 The Regulations are currently codified in the
Code of Federal Regulations at 15 CFR parts 730–
774 (2021). The Regulations originally issued under
the Export Administration Act of 1979, as amended,
50 U.S.C. 4601–4623 (Supp. III 2015) (‘‘EAA’’),
which lapsed on August 21, 2001. The President,
through Executive Order 13,222 of August 17, 2001
(3 CFR, 2001 Comp. 783 (2002)), which was
extended by successive Presidential Notices,
continued the Regulations in full force and effect
under the International Emergency Economic
Powers Act, 50 U.S.C. 1701, et seq. (2012)
(‘‘IEEPA’’). On August 13, 2018, the President
signed into law the John S. McCain National
Defense Authorization Act for Fiscal Year 2019,
which includes the Export Control Reform Act of
2018, 50 U.S.C. 4801–4852 (‘‘ECRA’’). While
Section 1766 of ECRA repeals the provisions of the
EAA (except for three sections which are
inapplicable here), Section 1768 of ECRA provides,
in pertinent part, that all rules and regulations that
were made or issued under the EAA, including as
continued in effect pursuant to IEEPA, and were in
effect as of ECRA’s date of enactment (August 13,
E:\FR\FM\30MRN1.SGM
Continued
30MRN1
]]>Agencies
[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16581-16583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06579]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
[Docket No. 210325-0067]
RIN 0694-XC075
Virtual Forum for Risks in the Semiconductor Manufacturing and
Advanced Packaging Supply Chain
AGENCY: Bureau of Industry and Security, Office of Technology
Evaluation, U.S. Department of Commerce.
ACTION: Notice of virtual forum.
-----------------------------------------------------------------------
[[Page 16582]]
SUMMARY: On February 24, 2021, President Biden issued the Executive
Order on ``America's Supply Chains,'' which directs several Federal
agency actions to secure and strengthen America's supply chains. One of
these directions is for the Secretary of Commerce to submit, within 100
days, a report to the President identifying risks in the semiconductor
manufacturing and advanced packaging supply chains, and proposing
policy recommendations to address these risks. Additionally, the
National Defense Authorization Act of 2021 includes a title for
``Creating Helpful Incentives to Produce Semiconductors for America''
that mandates several Federal actions in securing the semiconductor-
related supply chain. On March 15, 2021, the Bureau of Industry and
Security (BIS) published a notice of request for public comments, Risks
in the Semiconductor Manufacturing and Advanced Packaging Supply Chain
(March 15 notice). The March 15 notice requests written comments and
information from the public to assist the Department of Commerce in
preparing the report required by the Executive Order with written
comments due by April 5, 2021. BIS is publishing today's notice to
announce a virtual forum that will occur on April 8, 2021, that will
allow participants to orally address the policy objectives listed in
the Executive Order as they affect the U.S. semiconductor manufacturing
and advanced packaging supply chains, including but not limited to the
elements included in the March 15 notice. Today's notice sets forth the
procedures for public participation in the virtual forum.
DATES:
Virtual forum: The virtual forum will be held on April 8, 2021. The
virtual forum will begin at 2:00 p.m. Eastern Daylight Time (EDT) and
conclude at 5:00 p.m. EDT.
Registration for the virtual forum: Requests to register for the
virtual forum, including requests to make a presentation, must be
submitted by 5:00 p.m. EDT on April 1, 2021. See the ADDRESSES section
of this notice. Registration for the virtual forum will open on March
26, 2021.
Confirmation of registration and/or speaking slot: The Department
will contact each person that has been confirmed to provide oral
comments in the virtual forum by email no later than 12:00 p.m. EDT on
April 5, 2021.
ADDRESSES: BIS has created a web page on the BIS website for the
virtual forum. This web page will be used by the public to register for
the virtual forum, including submitting requests to speak at the
virtual forum. The landing page for the virtual forum will be accessed
through this web page on https://www.bis.doc.gov/semiconductorforum .
Click on the link for `Register for the Virtual Forum' on this web
page to register for the virtual forum. People interested in providing
oral comments during the virtual forum should make this request when
registering for the virtual forum, including submitting a brief
overview of their remarks.
After registration is completed by the Department, this web page
will include the agenda and the list of the scheduled speakers for the
virtual forum. Once a person's registration has been accepted by BIS,
the person will receive an email notification from BIS with information
needed to access the virtual forum. Registrants that requested to
provide oral comments at the virtual forum will be notified by email if
their request has been accepted and will be provided the allotted
amount of time for their speaking at the virtual forum. People not
selected to make a presentation may provide written comments and submit
those in response to the March 15 notice by the comment deadline of
April 5, 2021. See the March 15 notice for instructions on submitting
written comments. Participants should be prepared to attend the forum
in its entirety as allotted speaker time slots are subject to change
and the program will continue if a speaker is not available when called
to speak. Within 7 business days after the virtual forum is completed,
BIS will add a link to a recording of the virtual forum and a written
transcript to make the recording physically accessible to people with
disabilities.
FOR FURTHER INFORMATION CONTACT: Erika Maynard, Defense Industrial Base
Division, Office of Technology Evaluation, Bureau of Industry and
Security, at 202-482-5572 or [email protected] .
SUPPLEMENTARY INFORMATION:
Background
On February 24, 2021, President Biden issued Executive Order 14017,
``America's Supply Chains'' (86 FR 11849) (E.O. 14017). E.O. 14017
focuses on the need for resilient, diverse, and secure supply chains to
ensure U.S. economic prosperity and national security. Such supply
chains are needed to address conditions that can reduce U.S.' critical
manufacturing capacity, as well as the availability and integrity of
critical goods, products, and services. In relevant part, E.O. 14017
directs that within 100 days, the Secretary of Commerce (Secretary)
shall submit a report to the President, through the Assistant to the
President for National Security Affairs (APNSA) and the Assistant to
the President for Economic Policy (APEP), identifying the risks in the
semiconductor manufacturing and advanced packaging supply chains, and
proposing policy recommendations to address these risks.
Additionally, Title XCIX of the National Defense Authorization Act
of 2021 (FY21 NDAA), ``Creating Helpful Incentives to Produce
Semiconductors for America,'' mandates several Federal actions to
secure the security of the semiconductor-related supply chain. Section
9904 of the FY21 NDAA (``Department of Commerce Study on Status of
Microelectronics Technologies in the United States'') requires the
Secretary to assess the capabilities of the U.S. microelectronics
industrial base to support the national defense, in light of the global
nature and interdependence of the supply chain with respect to
manufacture, design, and end use. The Secretary must submit a report to
Congress that includes a list of critical technology areas impacted by
potential disruptions in the production of microelectronics and an
assessment of gaps and vulnerabilities in the microelectronics supply
chain.
On March 15, 2021, BIS published a notice of request for public
comments, Risks in the Semiconductor Manufacturing and Advanced
Packaging Supply Chain (86 FR 14308) (the March 15 notice). The March
15 notice requests comments and information from the public to assist
the Department of Commerce (Department) in preparing the report
required by E.O. 14017. In developing this report, the Secretary will
consult with the heads of appropriate agencies and will be advised by
all relevant bureaus and components of the Department including, but
not limited to, BIS and the International Trade Administration. After
that report is completed, the Department will assess whether additional
information will be needed to conduct the assessment required by
Section 9904 of the FY21 NDAA.
BIS is publishing today's notice to announce a virtual forum that
will occur on April 8, 2021 that will allow commenters to address the
policy objectives listed in E.O. 14017 as they affect the U.S.
semiconductor manufacturing and advanced packaging supply chains
including, but not limited to, the elements included in the March 15
notice. This notice sets forth the procedures for public participation
in the virtual forum.
[[Page 16583]]
Virtual Forum
Consistent with the interest of the Department in soliciting public
comments on issues affecting risks in the semiconductor manufacturing
and advanced packaging supply chain as described in the March 15
notice, the Department is holding a virtual forum. The virtual forum
will assist the Department in preparing the report required by E.O.
14017. Public comments at the virtual forum should address the policy
objectives listed in E.O. 14017 as they affect the U.S. semiconductor
manufacturing and advanced packaging supply chains, including but not
limited to the elements identified in the March 15 notice. See the
March 15 notice for the elements and E.O. 14017. The virtual forum will
be held on April 8, 2021. The forum will begin at 2:00 p.m. EDT and
conclude at 5:00 p.m. EDT.
Procedure for Requesting Participation
See the ADDRESSES section of this notice for how to register and
access the virtual forum. The Department encourages interested public
participants to present their views orally at the virtual forum. Any
person wishing to make an oral presentation at the virtual forum must
register with the Department at the Web address indicated in the
ADDRESSES section of this notice. The request to speak in the virtual
forum must be accompanied by an overview of the oral presentation.
Speakers' registration, including overviews of written remarks, must be
received by the Department no later than 5:00 p.m. EDT on April 1,
2021. BIS will not accept any registrations after that time for the
virtual forum.
Please note that the submission of overviews of presentations at
the virtual forum is separate from the request for written comments
described in March 15 notice. Since it may be necessary to limit the
number of persons making presentations, the overview should describe
the individual's interest in the virtual forum and, where appropriate,
explain why the individual is a proper representative of a group or
class of persons that has such an interest. If all interested parties
cannot be accommodated at the virtual forum, the overviews of the oral
presentations will be used to allocate speaking time and to ensure that
a full range of comments is heard.
Each person selected to make a presentation will be notified by the
Department no later than 12:00 p.m. EDT on April 5, 2021. The
Department will arrange the presentation times for the speakers.
Representatives from the Department and other U.S. Government agencies,
as appropriate, will make up the virtual forum panel. Written overview
submissions by persons not selected to make presentations will be made
part of the public record of the proceeding, as well as the overview
submission of those persons selected to make presentations.
Confidential business information may not be submitted at a virtual
forum. The virtual forum will be recorded.
Copies of the requests to speak at the virtual forum and the
transcript of the forum will be maintained on BIS's web page, which can
be found at https://www.bis.doc.gov (see Freedom of Information Act link
at the bottom of the page) and at https://www.bis.doc.gov/semiconductorforum . These documents will also be posted through the
Federal eRulemaking Portal: https://www.regulations.gov under docket
number BIS-2021-0011, which is the docket number for the May 15 notice.
If the requesters cannot access the website, they may call (202) 482-
0795 for assistance. The records related to this assessment are made
accessible in accordance with the regulations published in part 4 of
title 15 of the Code of Federal Regulations (15 CFR 4.1 et seq.).
Conduct of the Virtual Forum
The Department reserves the right to select the persons to be heard
at the virtual forum, to schedule their respective presentations, and
to establish the procedures governing the conduct of the virtual forum.
Each speaker will be limited to a time set by the Department and
comments must be directly related to the policy objectives listed in
E.O. 14017 as they affect the U.S. semiconductor manufacturing and
advanced packaging supply chains, including but not limited to the
elements included in the March 15 notice.
A Department official will be designated to preside at the virtual
forum. The presiding officer shall determine all procedural matters
during the virtual forum. Representatives from the Department, and
other U.S. Government agencies, as appropriate, will make up the
virtual forum panel. This will be a fact-finding proceeding. It will
not be a judicial or evidentiary-type virtual forum. Only members of
the virtual forum panel may ask questions and there will be no cross-
examination of persons presenting statements. No formal rules of
evidence will apply to the virtual forum. Any further procedural rules
for the proper conduct of the virtual forum will be announced by the
presiding officer.
Special Accommodations
This virtual forum is physically accessible to people with
disabilities. See the ADDRESSES section of this notice.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2021-06579 Filed 3-26-21; 4:15 pm]
BILLING CODE 3510-33-P
