Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification, 74966-74967 [2022-26662]

Download as PDF 74966 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations categorically excludes from further environmental impact review rulemaking actions that designate or modify classes of airspace areas, airways, routes, and reporting points (see 14 CFR part 71, Designation of Class A, B, C, D, and E Airspace Areas; Air Traffic Service Routes; and Reporting Points); and paragraph 5– 6.5b, which categorically excludes from further environmental impact review ‘‘Actions regarding establishment of jet routes and Federal airways (see 14 CFR 71.15, Designation of jet routes and VOR Federal airways). . .’’. As such, this action is not expected to result in any potentially significant environmental impacts. In accordance with FAA Order 1050.1F, paragraph 5–2 regarding Extraordinary Circumstances, the FAA has reviewed this action for factors and circumstances in which a normally categorically excluded action may have a significant environmental impact requiring further analysis. Accordingly, the FAA has determined that no extraordinary circumstances exist that warrant preparation of an environmental assessment or environmental impact study. List of Subjects in 14 CFR Part 71 The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 71 as follows: * * * * [FR Doc. 2022–26490 Filed 12–6–22; 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 Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification Bureau of Industry and Security, U.S. Department of Commerce. ACTION: Interim final rule; request for comments; extension of comment period. lotter on DSK11XQN23PROD with RULES1 AGENCY: On October 13, 2022, the Bureau of Industry and Security (BIS) SUMMARY: VerDate Sep<11>2014 18:18 Dec 06, 2022 Jkt 259001 Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–1963 Comp., p. 389. (Lat. (Lat. (Lat. (Lat. (Lat. 37°19′55.98″ 37°58′12.66″ 38°17′31.91″ 38°44′10.33″ 38°53′35.20″ N, N, N, N, N, long. long. long. long. long. Paragraph 2006 United States Area Navigation Routes. Frm 00016 Fmt 4700 Sfmt 4700 * 077°07′57.63″ 076°50′40.62″ 076°24′49.80″ 075°59′02.69″ 075°38′11.13″ * * * W) W) W) W) W) * 075°06′37.90″ 074°42′59.88″ 074°02′36.62″ 073°46′57.30″ published the interim final rule Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification. This document extends the deadline for written comments to January 31, 2023. This extension is being made to allow for commenters to have additional time to review the interim final rule and to benefit from the significant amount of public outreach that BIS is conducting on the rule in preparing their comments. DATES: The comment period for the interim final rule published October 13, 2022, at 87 FR 62186, is extended until January 31, 2023. ADDRESSES: Comments on this rule may be submitted to the Federal rulemaking portal (www.regulations.gov). The regulations.gov ID for this rule is: BIS– 2022–0025. Please refer to RIN 0694– AI94 in all comments. All filers using the portal should use the name of the person or entity submitting the comments as the name of their files, in accordance with the instructions below. Anyone submitting business confidential information should clearly identify the business confidential portion at the time of PO 00000 [Amended] 2. The incorporation by reference in 14 CFR 71.1 of FAA Order JO 7400.11G, Airspace Designations and Reporting Points, dated August 19, 2022, and effective September 15, 2022, is amended as follows: ■ * * * * * * * Q–437 VILLS, NJ to LLUND, NY [Amended] VILLS, NJ FIX (Lat. 39°18′03.87″ N, long. DITCH, NJ FIX (Lat. 39°47′37.86″ N, long. HNNAH, NJ WP (Lat. 40°28′12.73″ N, long. FIX (Lat. 40°51′45.04″ N, long. LLUND, NY Issued in Washington, DC, on November 30, 2022. Scott M. Rosenbloom, Manager, Airspace Rules and Regulations. 1. The authority citation for 14 CFR part 71 continues to read as follows: ■ § 71.1 Airspace, Incorporation by reference, Navigation (air). Q–141 HOUKY, VA to NALES, DE [New] HOUKY, VA WP TAPPA, VA FIX HYTRA, MD WP BLNTN, MD WP NALES, DE FIX * PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS W) W) W) W) submission, file a statement justifying nondisclosure and referring to the specific legal authority claimed, and provide a non-confidential version of the submission. For comments submitted electronically containing business confidential information, the file name of the business confidential version should begin with the characters ‘‘BC.’’ Any page containing business confidential information must be clearly marked ‘‘BUSINESS CONFIDENTIAL’’ on the top of that page. The corresponding non-confidential version of those comments must be clearly marked ‘‘PUBLIC.’’ The file name of the non-confidential version should begin with the character ‘‘P.’’ Any submissions with file names that do not begin with either a ‘‘BC’’ or a ‘‘P’’ will be assumed to be public and will be made publicly available through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For questions on the license requirements in this interim final rule, contact Eileen Albanese, Director, Office of National Security and Technology Transfer Controls, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–0092, Fax: (202) 482– 482–3355, Email: rpd2@bis.doc.gov. For E:\FR\FM\07DER1.SGM 07DER1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Rules and Regulations emails, include ‘‘Advanced computing controls’’ or ‘‘Semiconductor manufacturing items control’’ as applicable in the subject line. For questions on the Entity List revisions, contact: Chair, End-User Review Committee, Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Phone: (202) 482–5991, Email: ERC@ bis.doc.gov. SUPPLEMENTARY INFORMATION: lotter on DSK11XQN23PROD with RULES1 Background On October 13, 2022, the Bureau of Industry and Security (BIS) published the interim final rule Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modifications (87 FR 62186), hereinafter the October 7 advanced computing and semiconductor manufacturing equipment rule. In the rule, BIS amended the Export Administration Regulations (EAR) to implement necessary controls on advanced computing integrated circuits (ICs), computer commodities that contain such ICs, and certain semiconductor manufacturing items. In addition, BIS expanded controls on transactions involving items for supercomputer and semiconductor manufacturing end uses. For example, the rule expanded the scope of foreignproduced items subject to license requirements for twenty-eight existing entities on the Entity List that are located in China. BIS also informed 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 the rule, BIS established a Temporary General License to permit specific, limited manufacturing activities in China related to items destined for use outside China and identified a model certificate that may be used in compliance programs to assist, along with other measures, in conducting due diligence. The October 7 advanced computing and semiconductor manufacturing equipment rule also solicits public comments on the changes included in that rule. Extension of Comment Period Deadline The October 7 advanced computing and semiconductor manufacturing equipment rule included a comment VerDate Sep<11>2014 18:18 Dec 06, 2022 Jkt 259001 period deadline of December 12, 2022. The Department of Commerce has determined at this time that it is warranted to extend the comment period through January 31, 2023 to allow for commenters to have additional time to review the interim final rule and to benefit from the significant amount of public outreach that BIS is conducting on the rule in preparing their comments. This document specifies that comments may be submitted at any time but must be received by January 31, 2023, to be considered. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2022–26662 Filed 12–5–22; 4:15 pm] BILLING CODE 3510–33–P DEPARTMENT OF STATE 22 CFR Part 120 [Public Notice: 11929] International Traffic in Arms Regulations (ITAR): Notification of Temporary Suspension of a Regulatory Provision Related to Certain Capacitors Described on the U.S. Munitions List ACTION: Temporary suspension. The Department of State (the Department) is informing the public that on November 21, 2022, the Deputy Assistant Secretary of State for Defense Trade Controls temporarily suspended for a period of six (6) months the applicability of regulations for certain capacitors described in the U.S. Munitions List (USML) Category XI that have a voltage rating of one hundred twenty-five volts (125 V) or less. DATES: This temporary suspension went into effect on November 21, 2022 and will expire on May 22, 2023 or when terminated by the Department, whichever occurs first. FOR FURTHER INFORMATION CONTACT: Mr. Chris Weil, Office of Defense Trade Controls Policy, Department of State, telephone (202) 571–7051; email DDTCPublicComments@state.gov ATTN: Temporary Suspension Related to Certain Capacitors SUPPLEMENTARY INFORMATION: On July 1, 2014, the Department published a final rule revising Category XI of the USML (79 FR 37536). That final rule added USML Category XI(c)(5) to describe high-energy storage capacitors with a repetition rate of 6 discharges or more per minute and full energy life greater than or equal to 10,000 discharges, at SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 74967 greater than 0.2 Amps per Joule peak current, that have any of the following: • Volumetric energy density greater than or equal to 1.5 J/cc or • Mass energy density greater than or equal to 1.3 kJ/kg. The Department, in consultation with the Departments of Defense and Commerce, and other U.S. Government agencies, assessed in the rulemaking that the discharge rate and energy life criteria were sufficient to differentiate those capacitors warranting ITAR control from those that were in normal commercial use at the time of the rulemaking. It has come to the Department’s attention that certain low-voltage capacitors with foreign availability that are described in USML Category XI(c)(5) are now extensively integrated into commercial applications, such as Wi-Fi routers and civil aviation aircraft transponders. Pursuant to ITAR § 120.11(c), defense articles described on the USML are controlled and remain subject to the ITAR following integration into any item not described on the USML, unless specifically provided otherwise. Thus, a license or other approval is required prior to any export, reexport, retransfer, or temporary import of an item containing such capacitors. Section 126.2 of the ITAR provides that the Deputy Assistant Secretary for Defense Trade Controls may order the temporary suspension or modification of any or all provisions of the ITAR when in the interest of the security and foreign policy of the United States. The Department assessed that it is in the security and foreign policy interests of the United States to facilitate commercial uses of certain capacitors when integrated into any item not described on the USML (for example, certain items used in energy exploration or in commercial aircraft used for global travel and commerce). Accordingly, on November 21, 2022, pursuant to ITAR § 126.2, and the Department’s administration of the Arms Export Control Act (AECA) as a foreign affairs function as stated in ITAR § 120.20, the Deputy Assistant Secretary of State for Defense Trade Controls ordered the temporary suspension of ITAR § 120.11(c) with respect to capacitors described in USML Category XI(c)(5) that have a voltage rating of one hundred twenty-five volts (125 V) or less and have been integrated into, and included as an integral part of, an item not described on the USML. Such articles are licensed by the Department of Commerce when integrated into, and included as an integral part of, items subject to the EAR. This temporary E:\FR\FM\07DER1.SGM 07DER1

Agencies

[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74966-74967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26662]


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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


Implementation of Additional Export Controls: Certain Advanced 
Computing and Semiconductor Manufacturing Items; Supercomputer and 
Semiconductor End Use; Entity List Modification

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

ACTION: Interim final rule; request for comments; extension of comment 
period.

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

SUMMARY: On October 13, 2022, the Bureau of Industry and Security (BIS) 
published the interim final rule Implementation of Additional Export 
Controls: Certain Advanced Computing and Semiconductor Manufacturing 
Items; Supercomputer and Semiconductor End Use; Entity List 
Modification. This document extends the deadline for written comments 
to January 31, 2023. This extension is being made to allow for 
commenters to have additional time to review the interim final rule and 
to benefit from the significant amount of public outreach that BIS is 
conducting on the rule in preparing their comments.

DATES: The comment period for the interim final rule published October 
13, 2022, at 87 FR 62186, is extended until January 31, 2023.

ADDRESSES: Comments on this rule may be submitted to the Federal 
rulemaking portal (www.regulations.gov). The regulations.gov ID for 
this rule is: BIS-2022-0025. Please refer to RIN 0694-AI94 in all 
comments.
    All filers using the portal should use the name of the person or 
entity submitting the comments as the name of their files, in 
accordance with the instructions below. Anyone submitting business 
confidential information should clearly identify the business 
confidential portion at the time of submission, file a statement 
justifying nondisclosure and referring to the specific legal authority 
claimed, and provide a non-confidential version of the submission.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' Any submissions with file names that do not 
begin with either a ``BC'' or a ``P'' will be assumed to be public and 
will be made publicly available through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    For questions on the license requirements in this interim final 
rule, contact Eileen Albanese, Director, Office of National Security 
and Technology Transfer Controls, Bureau of Industry and Security, 
Department of Commerce, Phone: (202) 482-0092, Fax: (202) 482-482-3355, 
Email: [email protected]. For

[[Page 74967]]

emails, include ``Advanced computing controls'' or ``Semiconductor 
manufacturing items control'' as applicable in the subject line.
    For questions on the Entity List revisions, contact: Chair, End-
User Review Committee, Office of the Assistant Secretary for Export 
Administration, Bureau of Industry and Security, Department of 
Commerce, Phone: (202) 482-5991, Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On October 13, 2022, the Bureau of Industry and Security (BIS) 
published the interim final rule Implementation of Additional Export 
Controls: Certain Advanced Computing and Semiconductor Manufacturing 
Items; Supercomputer and Semiconductor End Use; Entity List 
Modifications (87 FR 62186), hereinafter the October 7 advanced 
computing and semiconductor manufacturing equipment rule.
    In the rule, BIS amended the Export Administration Regulations 
(EAR) to implement necessary controls on advanced computing integrated 
circuits (ICs), computer commodities that contain such ICs, and certain 
semiconductor manufacturing items. In addition, BIS expanded controls 
on transactions involving items for supercomputer and semiconductor 
manufacturing end uses. For example, the rule expanded the scope of 
foreign-produced items subject to license requirements for twenty-eight 
existing entities on the Entity List that are located in China. BIS 
also informed 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 the rule, BIS established a 
Temporary General License to permit specific, limited manufacturing 
activities in China related to items destined for use outside China and 
identified a model certificate that may be used in compliance programs 
to assist, along with other measures, in conducting due diligence. The 
October 7 advanced computing and semiconductor manufacturing equipment 
rule also solicits public comments on the changes included in that 
rule.

Extension of Comment Period Deadline

    The October 7 advanced computing and semiconductor manufacturing 
equipment rule included a comment period deadline of December 12, 2022. 
The Department of Commerce has determined at this time that it is 
warranted to extend the comment period through January 31, 2023 to 
allow for commenters to have additional time to review the interim 
final rule and to benefit from the significant amount of public 
outreach that BIS is conducting on the rule in preparing their 
comments. This document specifies that comments may be submitted at any 
time but must be received by January 31, 2023, to be considered.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-26662 Filed 12-5-22; 4:15 pm]
BILLING CODE 3510-33-P

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