Procedures for Access to the Public Briefing on Additional Export Controls on Certain Advanced Computing and Semiconductor Manufacturing Items, 61970-61971 [2022-22037]

Download as PDF 61970 Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations AIRAC date State City Airport FDC date Subject 3–Nov–22 ..... MI Ray ......................... Ray Community ....................... 2/7000 6/23/22 3–Nov–22 ..... 3–Nov–22 ..... ME OH Bethel ...................... Urbana .................... Bethel Rgnl .............................. Grimes Fld ............................... 2/7229 2/7307 6/14/22 8/18/22 3–Nov–22 3–Nov–22 3–Nov–22 3–Nov–22 3–Nov–22 ..... ..... ..... ..... ..... MI NJ CA CA CA Charlotte ................. Old Bridge ............... Santa Barbara ........ Santa Barbara ........ Santa Barbara ........ Fitch H Beach ......................... Old Bridge ............................... Santa Barbara Muni ................ Santa Barbara Muni ................ Santa Barbara Muni ................ 2/7356 2/7654 2/7658 2/7659 2/7660 8/30/22 8/30/22 9/2/22 9/2/22 9/2/22 3–Nov–22 3–Nov–22 3–Nov–22 3–Nov–22 3–Nov–22 ..... ..... ..... ..... ..... IL IL IL AZ NC Peoria ..................... Peoria ..................... Peoria ..................... Tucson .................... Sylva ....................... General Downing—Peoria Intl General Downing—Peoria Intl General Downing—Peoria Intl Ryan Fld .................................. Jackson County ....................... 2/8235 2/8237 2/8239 2/8455 2/8456 9/9/22 9/9/22 9/9/22 7/22/22 7/21/22 3–Nov–22 ..... 3–Nov–22 ..... CA MO Fallbrook ................. St Louis ................... Fallbrook Community Airpark .. Spirit Of St Louis ..................... 2/8487 2/8911 8/30/22 8/31/22 [FR Doc. 2022–22157 Filed 10–12–22; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 734, 736, 740, 742, 744, 762, 772, and 774 [Docket No. 220930–0204] RIN 0694–AI94 Procedures for Access to the Public Briefing on Additional Export Controls on Certain Advanced Computing and Semiconductor Manufacturing Items Bureau of Industry and Security, U.S. Department of Commerce. ACTION: Procedures for accessing a public briefing on regulatory actions. AGENCY: On October 7, 2022, the Bureau of Industry and Security (BIS) placed on public display an interim final rule: ‘‘Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification.’’ On October 13, 2022, Under Secretary for Industry and Security Alan F. Estevez and Assistant Secretary for Export Administration Thea D. Rozman Kendler will conduct a public briefing on the rule and associated actions. This announcement provides details on the procedures for attending the public briefing. SUMMARY: khammond on DSKJM1Z7X2PROD with RULES FDC No. DATES: Public briefing: The public briefing call will be held on October 13, 2022. The public briefing call will begin at 9 VerDate Sep<11>2014 16:28 Oct 12, 2022 Jkt 259001 a.m. Eastern Daylight Time (EDT) local time and conclude at 10 a.m. EDT. The telephone number for attending this event will be posted on the BIS website at https://bis.doc.gov/index.php/aboutbis/newsroom/2082 no later than October 7 at 5 p.m. Deadline for submitting questions for public briefing: Questions for BIS for the public briefing may be submitted until 3 p.m. EDT on October 11, 2022. ADDRESSES: Submitting questions: Questions for BIS for the public briefing may be submitted in writing to OEXSsubmissions@bis.doc.gov. Please tag the questions submitted by adding ‘‘Public Briefing on China Actions’’ in the subject line. Recording: Within 7 business days after the public briefing on the rule and associated actions is completed, BIS will add a link to a recording, including captioning, of the public briefing to make the recording physically accessible to people with disabilities. FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Director, Office of Exporter Services, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–3811, Email: rpd2@ bis.doc.gov. For emails, include ‘‘Public Briefing on China Actions’’ in the subject line. SUPPLEMENTARY INFORMATION: Background On October 7, 2022, the Bureau of Industry and Security (BIS) placed on public display an interim final rule: ‘‘Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification’’ (October 7 rule). That PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Takeoff Minimums and Obstacle DP, Orig-A. RNAV (GPS) Y RWY 32, Orig. Takeoff Minimums and Obstacle DP, Amdt 1. RNAV (GPS) RWY 21, Amdt 1A. RNAV (GPS) RWY 24, Orig-B. ILS OR LOC RWY 7, Amdt 5C. RNAV (GPS) RWY 7, Orig-C. VOR OR GPS RWY 25, Amdt 6D. ILS OR LOC RWY 31, Amdt 7D. RNAV (GPS) RWY 31, Amdt 1C. RNAV (GPS) RWY 13, Amdt 1B. RNAV (GPS) RWY 6R, Orig. Takeoff Minimums and Obstacle DP, Orig. GPS RWY 18, Orig. ILS OR LOC RWY 26L, Orig-D. rule amends the Export Administration Regulations (EAR) to implement controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items. Additionally, the rule expands controls on transactions involving items for supercomputer and semiconductor manufacturing end uses, for example, it expands the scope of foreign-produced items subject to license requirements for twenty-eight existing entities on the Entity List that are located in the Peoples’ Republic of China (PRC, China). The rule also informs the public that specific activities of ‘‘U.S. persons’’ that ‘support’ the ‘‘development’’ or ‘‘production’’ of certain ICs in the PRC require a license. Advanced computing commodities and supercomputers, in which ICs are an essential component, can be used for purposes detrimental to U.S. national security and foreign policy interests, including for weapons of mass destruction, military modernization, and human rights abuses. Certain semiconductor manufacturing equipment is needed to develop, produce, or use ICs. With the October 7 rule, BIS addresses these concerns by: (1) Adding certain advanced and less advanced computing chips and computer commodities that contain such chips to the Commerce Control List (CCL); (2) Adding new license requirements for items destined for supercomputer and semiconductor end use in China; (3) Expanding the scope of foreignproduced advanced computing items and foreign-produced items for supercomputer end uses subject to the EAR; E:\FR\FM\13OCR1.SGM 13OCR1 Federal Register / Vol. 87, No. 197 / Thursday, October 13, 2022 / Rules and Regulations (4) Expanding the scope of foreignproduced items subject to license requirements for twenty-eight existing entities on the Entity List that are located in China; (5) Adding certain semiconductor manufacturing equipment to the CCL; (6) Adding new license requirements for items destined to a semiconductor fabrication ‘‘facility’’ in China that fabricates ICs meeting specified criteria; (7) Adding new license requirements for items used in the ‘‘development’’ or ‘‘production’’ of semiconductor manufacturing equipment and related items in China; and (8) Informing the public that specific activities of ‘‘U.S. persons’’ that ‘support’ the ‘‘development’’ or ‘‘production’’ of certain ICs in the PRC require a license. Lastly, to minimize the short term impact on the semiconductor supply chain from this rule, BIS is establishing a Temporary General License to permit specific, limited manufacturing activities in China related to items destined for use outside China and is identifying a model certificate that may be used in compliance programs to assist, along with other measures, in conducting due diligence. khammond on DSKJM1Z7X2PROD with RULES Scope of the Briefing and Process for Submitting Questions The briefing conducted by Under Secretary Estevez and Assistant Secretary Kendler will address important aspects of the October 7 interim final rule and associated actions. The October 7 interim final rule is open for a sixty-day public comment until the date specified in the DATES section of the interim final rule. Note that no verbal public comments will be accepted during the public briefing, which will be held virtually via audio only. Questions for BIS may be submitted in writing to OEXSsubmissions@bis.doc.gov until 3 p.m. EDT on October 11, 2022. Please tag the questions submitted by adding ‘‘Public Briefing on China Actions’’ in the subject line. Such questions will be addressed as time and subject matter permit. Process for Submitting Comments on the Interim Final Rule Written comments on the rule must be received by BIS no later than the date specified in the DATES section of the October 7 interim final rule: Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification. See the ADDRESSES section VerDate Sep<11>2014 16:28 Oct 12, 2022 Jkt 259001 of the interim final rule for instructions on submitting written comments. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2022–22037 Filed 10–7–22; 11:15 am] BILLING CODE 3510–33–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 744 [Docket No. 220930–0205] RIN 0694–AI51 Revisions to the Unverified List; Clarifications to Activities and Criteria That May Lead to Additions to the Entity List Bureau of Industry and Security, Department of Commerce. ACTION: Final rule. AGENCY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) by adding 31 persons to the Unverified List (UVL). The 31 persons are added to the UVL on the basis that BIS was unable to verify their bona fides because an end-use check could not be completed satisfactorily for reasons outside the U.S. Government’s control. All 31 persons are being added under the destination of the People’s Republic of China (China). This rule also removes nine persons, all under the destination of China, from the UVL because BIS was able to verify their bona fides. With this final rule, BIS also clarifies the activities and criteria that may lead to the addition of an entity to the Entity List, including a sustained lack of cooperation by the host government (e.g., the government of the country in which an end-use check is to be conducted) that effectively prevents BIS from determining compliance with the EAR. SUMMARY: DATES: This rule is effective October 7, 2022. FOR FURTHER INFORMATION CONTACT: Linda Minsker, Director, Office of Enforcement Analysis, Phone: (202) 482–4255 or by email at UVLRequest@ bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The UVL, set forth in supplement no. 6 to part 744 of the EAR (15 CFR parts 730–774), contains the names and addresses of foreign persons who are or have been parties to a transaction, as PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 61971 described in § 748.5 of the EAR, involving the export, reexport, or transfer (in-country) of items subject to the EAR. These foreign persons are added to the UVL because BIS or federal officials acting on BIS’s behalf were unable to verify their bona fides (i.e., legitimacy and reliability relating to the end use and end user of items subject to the EAR) through the completion of an end-use check. Sometimes these checks, such as a pre-license check (PLC) or a post-shipment verification (PSV), cannot be completed satisfactorily for reasons outside the U.S. Government’s control. There are any number of reasons why these checks cannot be completed to the satisfaction of the U.S. Government. The reasons include, but are not limited to: (1) reasons unrelated to the cooperation of the foreign party subject to the enduse check (for example, BIS sometimes initiates end-use checks but is unable to complete them because the foreign party cannot be found at the address indicated on the associated export documents and BIS cannot contact the party by telephone or email); (2) reasons related to a lack of cooperation by the host government that fails to schedule and facilitate the completion of an end-use check, for example by host government agencies’ lack of responses to requests to conduct end-use checks, actions preventing the scheduling of such checks, or refusals to schedule checks in a timely manner; or (3) when, during the end-use check, a recipient of items subject to the EAR is unable to produce the items that are the subject of the enduse check for visual inspection or provide sufficient documentation or other evidence to confirm the disposition of the items. BIS’s inability to confirm the bona fides of foreign persons subject to end-use checks for the reasons described above raises concerns about the suitability of such persons as participants in future exports, reexports, or transfers (incountry) of items subject to the EAR; this also indicates a risk that such items may be diverted to prohibited end uses and/or end users. Under such circumstances, there may not be sufficient information to add the foreign person at issue to the Entity List under § 744.11 of the EAR. Therefore, BIS may add the foreign person to the UVL. As provided in § 740.2(a)(17) of the EAR, the use of license exceptions for exports, reexports, and transfers (incountry) involving a party or parties to the transaction who are listed on the UVL is suspended. Additionally, under § 744.15(b) of the EAR, there is a requirement for exporters, re-exporters, and transferors to obtain (and maintain E:\FR\FM\13OCR1.SGM 13OCR1

Agencies

[Federal Register Volume 87, Number 197 (Thursday, October 13, 2022)]
[Rules and Regulations]
[Pages 61970-61971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-22037]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 736, 740, 742, 744, 762, 772, and 774

[Docket No. 220930-0204]
RIN 0694-AI94


Procedures for Access to the Public Briefing on Additional Export 
Controls on Certain Advanced Computing and Semiconductor Manufacturing 
Items

AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.

ACTION: Procedures for accessing a public briefing on regulatory 
actions.

-----------------------------------------------------------------------

SUMMARY: On October 7, 2022, the Bureau of Industry and Security (BIS) 
placed on public display an interim final rule: ``Implementation of 
Additional Export Controls: Certain Advanced Computing and 
Semiconductor Manufacturing Items; Supercomputer and Semiconductor End 
Use; Entity List Modification.'' On October 13, 2022, Under Secretary 
for Industry and Security Alan F. Estevez and Assistant Secretary for 
Export Administration Thea D. Rozman Kendler will conduct a public 
briefing on the rule and associated actions. This announcement provides 
details on the procedures for attending the public briefing.

DATES: 
    Public briefing: The public briefing call will be held on October 
13, 2022. The public briefing call will begin at 9 a.m. Eastern 
Daylight Time (EDT) local time and conclude at 10 a.m. EDT. The 
telephone number for attending this event will be posted on the BIS 
website at https://bis.doc.gov/index.php/about-bis/newsroom/2082 no 
later than October 7 at 5 p.m.
    Deadline for submitting questions for public briefing: Questions 
for BIS for the public briefing may be submitted until 3 p.m. EDT on 
October 11, 2022.

ADDRESSES: 
    Submitting questions: Questions for BIS for the public briefing may 
be submitted in writing to [email protected]. Please tag the 
questions submitted by adding ``Public Briefing on China Actions'' in 
the subject line.
    Recording: Within 7 business days after the public briefing on the 
rule and associated actions is completed, BIS will add a link to a 
recording, including captioning, of the public briefing to make the 
recording physically accessible to people with disabilities.

FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Director, Office of 
Exporter Services, Bureau of Industry and Security, Department of 
Commerce, Phone: (202) 482-3811, Email: [email protected]. For emails, 
include ``Public Briefing on China Actions'' in the subject line.

SUPPLEMENTARY INFORMATION: 

Background

    On October 7, 2022, the Bureau of Industry and Security (BIS) 
placed on public display an interim final rule: ``Implementation of 
Additional Export Controls: Certain Advanced Computing and 
Semiconductor Manufacturing Items; Supercomputer and Semiconductor End 
Use; Entity List Modification'' (October 7 rule). That rule amends the 
Export Administration Regulations (EAR) to implement controls on 
advanced computing integrated circuits (ICs), computer commodities that 
contain such ICs, and certain semiconductor manufacturing items. 
Additionally, the rule expands controls on transactions involving items 
for supercomputer and semiconductor manufacturing end uses, for 
example, it expands the scope of foreign-produced items subject to 
license requirements for twenty-eight existing entities on the Entity 
List that are located in the Peoples' Republic of China (PRC, China). 
The rule also informs the public that specific activities of ``U.S. 
persons'' that `support' the ``development'' or ``production'' of 
certain ICs in the PRC require a license.
    Advanced computing commodities and supercomputers, in which ICs are 
an essential component, can be used for purposes detrimental to U.S. 
national security and foreign policy interests, including for weapons 
of mass destruction, military modernization, and human rights abuses. 
Certain semiconductor manufacturing equipment is needed to develop, 
produce, or use ICs. With the October 7 rule, BIS addresses these 
concerns by:
    (1) Adding certain advanced and less advanced computing chips and 
computer commodities that contain such chips to the Commerce Control 
List (CCL);
    (2) Adding new license requirements for items destined for 
supercomputer and semiconductor end use in China;
    (3) Expanding the scope of foreign-produced advanced computing 
items and foreign-produced items for supercomputer end uses subject to 
the EAR;

[[Page 61971]]

    (4) Expanding the scope of foreign-produced items subject to 
license requirements for twenty-eight existing entities on the Entity 
List that are located in China;
    (5) Adding certain semiconductor manufacturing equipment to the 
CCL;
    (6) Adding new license requirements for items destined to a 
semiconductor fabrication ``facility'' in China that fabricates ICs 
meeting specified criteria;
    (7) Adding new license requirements for items used in the 
``development'' or ``production'' of semiconductor manufacturing 
equipment and related items in China; and
    (8) Informing the public that specific activities of ``U.S. 
persons'' that `support' the ``development'' or ``production'' of 
certain ICs in the PRC require a license.
    Lastly, to minimize the short term impact on the semiconductor 
supply chain from this rule, BIS is establishing a Temporary General 
License to permit specific, limited manufacturing activities in China 
related to items destined for use outside China and is identifying a 
model certificate that may be used in compliance programs to assist, 
along with other measures, in conducting due diligence.

Scope of the Briefing and Process for Submitting Questions

    The briefing conducted by Under Secretary Estevez and Assistant 
Secretary Kendler will address important aspects of the October 7 
interim final rule and associated actions. The October 7 interim final 
rule is open for a sixty-day public comment until the date specified in 
the DATES section of the interim final rule.
    Note that no verbal public comments will be accepted during the 
public briefing, which will be held virtually via audio only. Questions 
for BIS may be submitted in writing to [email protected] 
until 3 p.m. EDT on October 11, 2022. Please tag the questions 
submitted by adding ``Public Briefing on China Actions'' in the subject 
line. Such questions will be addressed as time and subject matter 
permit.

Process for Submitting Comments on the Interim Final Rule

    Written comments on the rule must be received by BIS no later than 
the date specified in the DATES section of the October 7 interim final 
rule: Implementation of Additional Export Controls: Certain Advanced 
Computing and Semiconductor Manufacturing Items; Supercomputer and 
Semiconductor End Use; Entity List Modification. See the ADDRESSES 
section of the interim final rule for instructions on submitting 
written comments.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-22037 Filed 10-7-22; 11:15 am]
BILLING CODE 3510-33-P

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