Existing Validated End-User Authorizations in the People's Republic of China: Samsung China Semiconductor Co. Ltd. and SK Hynix Semiconductor (China) Ltd., 71478-71481 [2023-22873]
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
that meets the antenna and power
output requirements of Class A1S, A1,
A2, A3, B1S, or B1 equipment as
defined in TSO–C166b and Section 2 of
RTCA DO–260B (as referenced in TSO–
C166b), or TSO–C166c and Section 2 of
RTCA DO–260C as modified by DO–
260C—Change 1 (as referenced in TSO–
C166c).
(2) * * *
(i) Class A1S, A1, A2, A3, B1S, or B1
as defined in TSO–C166b and Section 2
of RTCA DO–260B (as referenced in
TSO–C166b) or TSO–C166c and Section
2 of RTCA DO–260C as modified by
DO–260C—Change 1 (as referenced in
TSO–C166c); or
(ii) Class A1S, A1H, A2, A3, B1S, or
B1 equipment as defined in TSO–C154c
and Section 2 of RTCA DO–282B (as
referenced in TSO–C154c), or TSO–
C154d and Section 2 of RTCA DO–282C
(as referenced in TSO–C154d).
(c) * * *
(1) * * *
(iv) The aircraft’s SDA must be less
than or equal to 10¥5 per flight hour;
and
(v) The aircraft’s SIL must be less than
or equal to 10¥7 per flight hour or per
sample.
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(d) Minimum Broadcast Message
Element Set for ADS–B Out. Each
aircraft must broadcast the following
information, as defined in TSO–C166b
(including Section 2 of RTCA DO–260B,
as referenced in TSO–C166b), TSO–
C166c (including Section 2 of RTCA
DO–260C as modified by DO–260C—
Change 1, as referenced in TSO–C166c),
TSO–C154c (including Section 2 of
RTCA DO–282B, as referenced in TSO–
C154c), or TSO–C154d (including
Section 2 of RTCA DO–282C, as
referenced in TSO–C154d). The pilot
must enter information for message
elements listed in paragraphs (d)(7)
through (10) of this section during the
appropriate phase of flight.
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(5) An indication if a collision
avoidance system is installed and
operating in a mode that can generate
resolution advisory alerts;
(6) If an operable collision avoidance
system is installed, an indication if a
resolution advisory is in effect;
(7) An indication of the Mode A
transponder code specified by ATC;
(8) An indication of the aircraft
identification that is submitted on the
flight plan or used for communicating
with ATC, except when the pilot has not
filed a flight plan, has not requested
ATC services, and is using a TSO–C154c
or TSO–C154d self-assigned temporary
24-bit address;
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(11) An indication of the aircraft
assigned ICAO 24-bit address, except
when the pilot has not filed a flight
plan, has not requested ATC services,
and is using a TSO–C154c or TSO–
C154d self-assigned temporary 24-bit
address;
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(13) An indication of whether an
ADS–B In capability is available;
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(g) Incorporation by reference. The
standards required in this section are
incorporated by reference with the
approval of the Director of the Office of
the Federal Register under 5 U.S.C.
552(a) and 1 CFR part 51. This
incorporation by reference (IBR)
material is available for inspection at
the FAA and the National Archives and
Records Administration (NARA).
Contact the FAA at: Office of
Rulemaking (ARM–1), 800
Independence Avenue SW, Washington,
DC 20590 (telephone 202–267–9677).
For information on the availability of
this material at NARA, visit
www.archives.gov/federal-register/cfr/
ibr-locations.html or email
fr.inspection@nara.gov. This material is
also available from the following
sources indicated in this paragraph (g).
(1) U.S. Department of Transportation,
Subsequent Distribution Office, DOT
Warehouse M30, Ardmore East Business
Center, 3341 Q 75th Avenue, Landover,
MD 20785; telephone (301) 322–5377;
website: www.faa.gov/aircraft/air_cert/
design_approvals/tso/ (select the link
‘‘Search Technical Standard Orders’’).
(i) TSO–C166b, Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
December 2, 2009.
(ii) TSO–C166c, Extended Squitter
Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic
Information Service-Broadcast (TIS–B)
Equipment Operating on the Radio
Frequency of 1090 Megahertz (MHz),
March 10, 2023.
(iii) TSO–C154c, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Frequency of 978 MHz, December 2,
2009.
(iv) TSO–C154d, Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B) Equipment Operating on the
Radio Frequency of 978 Megahertz
(MHz), March 10, 2023.
(2) RTCA, Inc., 1150 18th St. NW,
Suite 910, Washington, DC 20036;
PO 00000
Frm 00020
Fmt 4700
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telephone (202) 833–9339; website:
www.rtca.org/products.
(i) RTCA DO–260B, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
Services-Broadcast (TIS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 2, 2009.
(ii) RTCA DO–260C, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
Services-Broadcast (TIS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 17,
2020.
(iii) RTCA DO–260C, Minimum
Operational Performance Standards for
1090 MHz Extended Squitter Automatic
Dependent Surveillance-Broadcast
(ADS–B) and Traffic Information
Services-Broadcast (TIS–B), Change 1,
January 25, 2022.
(iv) RTCA DO–282B, Minimum
Operational Performance Standards for
Universal Access Transceiver (UAT)
Automatic Dependent SurveillanceBroadcast (ADS–B), Section 2,
Equipment Performance Requirements
and Test Procedures, December 2, 2009.
(v) RTCA DO–282C, Minimum
Operational Performance Standards
(MOPS) for Universal Access
Transceiver (UAT) Automatic
Dependent Surveillance-Broadcast
(ADS–B), Section 2, Equipment
Performance Requirements and Test
Procedures, June 23, 2022.
Issued under authority provided by 49
U.S.C. 106(f), 40103, and 44701, in
Washington, DC.
Polly E. Trottenberg,
Acting Administrator.
[FR Doc. 2023–22710 Filed 10–16–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 231010–0244]
RIN 0694–AJ39
Existing Validated End-User
Authorizations in the People’s
Republic of China: Samsung China
Semiconductor Co. Ltd. and SK Hynix
Semiconductor (China) Ltd.
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
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 (PRC) by updating the
list of eligible items in the EAR for
Samsung China Semiconductor Co. Ltd.
and SK hynix Semiconductor (China)
Ltd. In addition, this rule makes
corresponding changes consistent with
the scope of the amended authorizations
for these VEUs.
SUMMARY:
DATES:
This rule is effective October 17,
2023.
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
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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 the
associated eligible destinations
(facilities) and items are identified in
supplement no. 7 to part 748 of the
Export Administration Regulations
(EAR, 15 CFR parts 730–774). Pursuant
to § 748.15 (Authorization Validated
End-User (VEU)), eligible destinations of
VEUs may obtain eligible items without
the need for the VEUs’ supplier to
obtain an export or reexport license
from BIS. Eligible items vary among
VEUs and may include commodities,
software, and/or technology, except
items controlled for missile technology
or crime control reasons on the
Commerce Control List (CCL) (supp. no.
1 to 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.
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Clarification to Heading of Supplement
No. 7 to Part 748
This rule clarifies the heading of
supplement no. 7 to part 748 by adding
the parenthetical ‘‘(in-country)’’ after
the word ‘‘transfer’’ to make clear that
the term that applies to this supplement
is transfer (in-country) as described in
§ 734.16 of the EAR and not the defined
term ‘‘transfer’’ in § 772.1 of the EAR.
Amendments to Existing VEU
Authorizations for Samsung China
Semiconductor Co. Ltd. and SK Hynix
Semiconductor (China) Ltd.
Revision to the List of Eligible Items for
Samsung China Semiconductor Co. Ltd.
In this rule, BIS amends supplement
no. 7 to part 748 to revise the list of
eligible items that may be exported,
reexported or transferred (in-country) to
Samsung China Semiconductor Co. Ltd.
under Authorization VEU. Specifically,
this rule amends the list of items
eligible for export, reexport or transfer
(in-country) to Samsung China
Semiconductor Co. Ltd. under
Authorization VEU to read: ‘‘All items
subject to the Export Administration
Regulations, except ‘‘extreme
ultraviolet’’ (‘‘EUV’’) equipment and
‘‘specially designed’’ ‘‘parts,’’
‘‘components,’’ ‘‘software,’’ and
‘‘technology,’’ necessary for the
‘‘development’’ or ‘‘production’’ of
NAND memory. Excluded from
§§ 744.6(c)(2)(i–iii), and 744.23(a)(1)(iii)
and (a)(2)(iii) of the EAR. See
§ 748.15(d).’’
Revisions to the List of Eligible Items for
SK Hynix Semiconductor (China) Ltd.
BIS also amends supplement no. 7 to
part 748 to revise the list of items
eligible for export, reexport or transfer
(in-country) to SK hynix Semiconductor
(China) Ltd. under Authorization VEU
to read: ‘‘All items subject to the Export
Administration Regulations, except
‘‘extreme ultraviolet’’ (‘‘EUV’’)
equipment and ‘‘specially designed’’
‘‘parts,’’ ‘‘components,’’ ‘‘software,’’
and’’ technology,’’ necessary for the
‘‘development’’ or ‘‘production’’ of
dynamic random-access memory
(DRAM). Excluded from
§§ 744.6(c)(2)(i–iii) and 744.23(a)(1)(iii)
and (a)(2)(iii) of the EAR. See
§ 748.15(d).’’
Amendment to § 748.15 Authorization
Validated End-User (VEU)
In addition to the amendments to the
lists of eligible items discussed above,
BIS also makes corresponding changes
to § 748.15, consistent with the scope of
the amended authorizations for these
VEUs. Specifically, in this rule, BIS
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adds a new sentence after the first
sentence of § 748.15(d) that provides an
exclusion to the restrictions of
§§ 744.6(c)(2)(i–iii) and 744.23(a)(1)(iii)
and (a)(2)(iii) controls. The added
sentence states, ‘‘This restriction does
not apply to Validated End Users
identified in supplement no. 7 to part
748—Authorization Validated End-User
(VEU) as excluded from §§ 744.6(c)(2)(i–
iii) and 744.23(a)(1)(iii) and (a)(2)(iii).’’
This serves to inform exporters that
Authorization VEU may be used to
overcome the license requirements set
forth in §§ 744.6(c) and 744.23(a)(1)(iii)
and (a)(2)(iii) for identified VEUs.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (50 U.S.C. 4801–4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
1. This rule has been determined to be
not significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to or be subject to a penalty
for failure to comply with a collection
of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves an information collection
approved by OMB under control
number 0694–0088, Simplified Network
Application Processing System. BIS
does not anticipate a change to the
burden hours associated with this
collection as a result of this rule.
Information regarding the collection,
including all supporting materials, can
be accessed at https://www.reginfo.gov/
public/do/PRAMain.
3. This rule does not contain policies
with federalism implications as that
term is defined in Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018, this
action is exempt from the
Administrative Procedure Act (5 U.S.C.
553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date.
5. Because a notice of proposed
rulemaking and an opportunity for
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
public comment are not required to be
given for this rule by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are
not applicable. Accordingly, no
regulatory flexibility analysis is
required, and none has been prepared.
List of Subjects in 15 CFR Part 748
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 748 of the EAR (15
CFR parts 730–774) is amended as
follows:
PART 748—[AMENDED]
1. The authority citation for part 748
continues to read as follows:
■
Country
Authority: 50 U.S.C. 4801–4852; 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 4, 2022, 87
FR 48077 (August 5, 2021).
2. Amend § 748.15(d) by adding a
sentence after the first sentence to read
as follows:
■
§ 748.15
(VEU).
Authorization Validated End-User
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(d) * * * Items obtained under
authorization VEU in China may be
used only for civil end uses and may not
be used for any activities described in
part 744 of the EAR. The restrictions of
§§ 744.6(c)(2)(i) through (iii) and
744.23(a)(1)(iii) and (a)(2)(iii) do not
apply to VEUs identified in supplement
Eligible items
(by ECCN)
Validated end-user
no. 7 to part 748 as excluded from
§§ 744.6(c)(2)(i) through (iii) and
744.23(a)(1)(iii) and (a)(2)(iii). * * *
*
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3. Amend Supplement No. 7 to part
748 by revising the heading of the
supplement and the entries for
‘‘Samsung China Semiconductor Co.
Ltd.’’ and ‘‘SK hynix Semiconductor
(China) Ltd.’’ 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,
Reexport and Transfer (In-Country),
and Eligible Destinations
Eligible destination
Federal Register citation
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
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Samsung
China
Semiconductor Co.
Ltd.
VerDate Sep<11>2014
*
All items subject to
the Export Administration Regulations (EAR), except ‘‘extreme ultraviolet’’ (‘‘EUV’’)
equipment and
‘‘specially designed’’ ‘‘parts,’’
‘‘components,’’
‘‘software,’’ and
‘‘technology’’
therefor, necessary for the
‘‘development’’ or
‘‘production’’ of
NAND memory.
Excluded from
§§ 744.6(c)(2)(i–
iii) and
744.23(a)(1)(iii)
and (a)(2)(iii) of
the EAR. See
§ 748.15(d).
15:56 Oct 16, 2023
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Samsung China Semiconductor Co.,
Ltd., No. 1999, North Xiaohe Road,
Xi’an, China 710119.
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78 FR 41291, 7/10/13. 78 FR
69535, 11/20/13. 79 FR
30713, 5/29/14. 80 FR
11863, 3/5/15. 88 FR [INSERT PAGE NUMBER],
10/17/23.
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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations
Country
Eligible items
(by ECCN)
Validated end-user
*
*
SK hynix
All items subject to
Semiconthe Export Adminductor
istration Regula(China) Ltd.
tions, except ‘‘extreme ultraviolet’’
(‘‘EUV’’) equipment and ‘‘specially designed’’
‘‘parts,’’ ‘‘components,’’ ‘‘software,’’ and ‘‘technology,’’ necessary for the
‘‘development’’ or
‘‘production’’ of
dynamic randomaccess memory
(DRAM). Excluded from
§§ 744.6(c)(2)(i–
iii) and
744.23(a)(1)(iii)
and (a)(2)(iii) of
the EAR. See
§ 748.15(d).
*
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SK hynix Semiconductor (China) Ltd.,
Lot K7, Wuxi High-tech Zone, Comprehensive Bonded Zone, Wuxi New
District, Jiangsu Province, China
214028.
*
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Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2023–22873 Filed 10–13–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket No. USCG–2023–0809]
Special Local Regulations; Marine
Events Within the Eleventh Coast
Guard District-San Diego Fleet Week
Veterans Day Boat Parade.
Coast Guard, DHS.
ACTION: Notification of enforcement of
regulation.
AGENCY:
The Coast Guard will enforce
the special local regulations on the
waters of San Diego Bay, CA, during the
San Diego Fleet Week Veterans Day Boat
Parade on November 12, 2023. This
special local regulation is necessary to
provide for the safety of the
participants, crew, sponsor vessels of
the event, and general users of the
waterway. During the enforcement
periods, the operator of any vessel in the
regulated area must comply with
directions from the Patrol Commander
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SUMMARY:
VerDate Sep<11>2014
15:56 Oct 16, 2023
Eligible destination
Jkt 262001
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75 FR 62462, 10/12/10. 77
FR 40258, 7/9/12. 78 FR
3319, 1/16/13. 78 FR
69537, 11/20/13. 88 FR [INSERT PAGE NUMBER],
10/17/23.
*
*
or any Official Patrol displaying a Coast
Guard ensign.
DATES: The regulations in 33 CFR
100.1101 for the location described in
Item No. 17 in table 1 to § 100.1101, will
be enforced from 8:30 a.m. until noon
on November 12, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Junior Grade Shelley
Turner, Waterways Management, U.S.
Coast Guard Sector San Diego, CA;
telephone (619) 278–7656, email
MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the special local
regulations in 33 CFR 100.1101 for the
location identified in Item No. 17 in
table 1 to § 100.1101, from 8:30 a.m.
until noon on November 12, 2023, for
the San Diego Fleet Week Veterans Day
Boat Parade in San Diego Bay, CA. This
action is being taken to provide for the
safety of life on the navigable waterways
during the event. Our regulation for
recurring marine events in the San
Diego Captain of the Port Zone,
§ 100.1101, Item No. 17 in table 1 to
§ 100.1101, specifies the location of the
regulated area for the San Diego Fleet
Week Veterans Day Boat Parade, which
encompasses portions of San Diego Bay.
Under the provisions of § 100.1101,
persons and vessels are prohibited from
entering into, transiting through, or
anchoring within this regulated area
PO 00000
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Federal Register citation
Sfmt 4700
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unless authorized by the Captain of the
Port, or his designated representative.
The Coast Guard may be assisted by
other Federal, State, or local law
enforcement agencies in enforcing this
regulation.
In addition to this document in the
Federal Register, the Coast Guard will
provide the maritime community with
advance notification of this enforcement
period via Local Notice to Mariners and
marine information broadcasts.
Dated: October 10, 2023.
J.W. Spitler,
Captain, U.S. Coast Guard, Captain of the
Port Sector San Diego.
[FR Doc. 2023–22882 Filed 10–16–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2023–0593]
RIN 1625–AA08
Special Local Regulation; Lake
Havasu, Lake Havasu City, AZ
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a special local regulation in
the navigable waters of the Bridgewater
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 199 (Tuesday, October 17, 2023)]
[Rules and Regulations]
[Pages 71478-71481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-22873]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 231010-0244]
RIN 0694-AJ39
Existing Validated End-User Authorizations in the People's
Republic of China: Samsung China Semiconductor Co. Ltd. and SK Hynix
Semiconductor (China) Ltd.
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 71479]]
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 (PRC)
by updating the list of eligible items in the EAR for Samsung China
Semiconductor Co. Ltd. and SK hynix Semiconductor (China) Ltd. In
addition, this rule makes corresponding changes consistent with the
scope of the amended authorizations for these VEUs.
DATES: This rule is effective October 17, 2023.
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: [email protected].
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 the associated eligible destinations
(facilities) and items are identified in supplement no. 7 to part 748
of the Export Administration Regulations (EAR, 15 CFR parts 730-774).
Pursuant to Sec. 748.15 (Authorization Validated End-User (VEU)),
eligible destinations of VEUs may obtain eligible items without the
need for the VEUs' supplier to obtain an export or reexport license
from BIS. Eligible items vary among VEUs and may include commodities,
software, and/or technology, except items controlled for missile
technology or crime control reasons on the Commerce Control List (CCL)
(supp. no. 1 to 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.
Clarification to Heading of Supplement No. 7 to Part 748
This rule clarifies the heading of supplement no. 7 to part 748 by
adding the parenthetical ``(in-country)'' after the word ``transfer''
to make clear that the term that applies to this supplement is transfer
(in-country) as described in Sec. 734.16 of the EAR and not the
defined term ``transfer'' in Sec. 772.1 of the EAR.
Amendments to Existing VEU Authorizations for Samsung China
Semiconductor Co. Ltd. and SK Hynix Semiconductor (China) Ltd.
Revision to the List of Eligible Items for Samsung China Semiconductor
Co. Ltd.
In this rule, BIS amends supplement no. 7 to part 748 to revise the
list of eligible items that may be exported, reexported or transferred
(in-country) to Samsung China Semiconductor Co. Ltd. under
Authorization VEU. Specifically, this rule amends the list of items
eligible for export, reexport or transfer (in-country) to Samsung China
Semiconductor Co. Ltd. under Authorization VEU to read: ``All items
subject to the Export Administration Regulations, except ``extreme
ultraviolet'' (``EUV'') equipment and ``specially designed'' ``parts,''
``components,'' ``software,'' and ``technology,'' necessary for the
``development'' or ``production'' of NAND memory. Excluded from
Sec. Sec. 744.6(c)(2)(i-iii), and 744.23(a)(1)(iii) and (a)(2)(iii) of
the EAR. See Sec. 748.15(d).''
Revisions to the List of Eligible Items for SK Hynix Semiconductor
(China) Ltd.
BIS also amends supplement no. 7 to part 748 to revise the list of
items eligible for export, reexport or transfer (in-country) to SK
hynix Semiconductor (China) Ltd. under Authorization VEU to read: ``All
items subject to the Export Administration Regulations, except
``extreme ultraviolet'' (``EUV'') equipment and ``specially designed''
``parts,'' ``components,'' ``software,'' and'' technology,'' necessary
for the ``development'' or ``production'' of dynamic random-access
memory (DRAM). Excluded from Sec. Sec. 744.6(c)(2)(i-iii) and
744.23(a)(1)(iii) and (a)(2)(iii) of the EAR. See Sec. 748.15(d).''
Amendment to Sec. 748.15 Authorization Validated End-User (VEU)
In addition to the amendments to the lists of eligible items
discussed above, BIS also makes corresponding changes to Sec. 748.15,
consistent with the scope of the amended authorizations for these VEUs.
Specifically, in this rule, BIS adds a new sentence after the first
sentence of Sec. 748.15(d) that provides an exclusion to the
restrictions of Sec. Sec. 744.6(c)(2)(i-iii) and 744.23(a)(1)(iii) and
(a)(2)(iii) controls. The added sentence states, ``This restriction
does not apply to Validated End Users identified in supplement no. 7 to
part 748--Authorization Validated End-User (VEU) as excluded from
Sec. Sec. 744.6(c)(2)(i-iii) and 744.23(a)(1)(iii) and (a)(2)(iii).''
This serves to inform exporters that Authorization VEU may be used to
overcome the license requirements set forth in Sec. Sec. 744.6(c) and
744.23(a)(1)(iii) and (a)(2)(iii) for identified VEUs.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852). ECRA provides the legal basis for BIS's principal authorities
and serves as the authority under which BIS issues this rule.
Rulemaking Requirements
1. This rule has been determined to be not significant for purposes
of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves an
information collection approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. BIS does not
anticipate a change to the burden hours associated with this collection
as a result of this rule. Information regarding the collection,
including all supporting materials, can be accessed at https://www.reginfo.gov/public/do/PRAMain.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018, this action is exempt from the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of proposed rulemaking, opportunity
for public participation, and delay in effective date.
5. Because a notice of proposed rulemaking and an opportunity for
[[Page 71480]]
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no 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. 4801-4852; 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 4, 2022, 87 FR 48077 (August 5, 2021).
0
2. Amend Sec. 748.15(d) by adding a sentence after the first sentence
to read as follows:
Sec. 748.15 Authorization Validated End-User (VEU).
* * * * *
(d) * * * Items obtained under authorization VEU in China may be
used only for civil end uses and may not be used for any activities
described in part 744 of the EAR. The restrictions of Sec. Sec.
744.6(c)(2)(i) through (iii) and 744.23(a)(1)(iii) and (a)(2)(iii) do
not apply to VEUs identified in supplement no. 7 to part 748 as
excluded from Sec. Sec. 744.6(c)(2)(i) through (iii) and
744.23(a)(1)(iii) and (a)(2)(iii). * * *
* * * * *
0
3. Amend Supplement No. 7 to part 748 by revising the heading of the
supplement and the entries for ``Samsung China Semiconductor Co. Ltd.''
and ``SK hynix Semiconductor (China) Ltd.'' 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,
Reexport and Transfer (In-Country), and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
Federal Register
Country Validated end-user Eligible items (by ECCN) Eligible 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).
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Samsung China All items subject to Samsung China 78 FR 41291, 7/10/
Semiconductor Co. the Export Semiconductor Co., Ltd., 13. 78 FR 69535, 11/
Ltd. Administration No. 1999, North Xiaohe 20/13. 79 FR 30713,
Regulations (EAR), Road, Xi'an, China 5/29/14. 80 FR
except ``extreme 710119. 11863, 3/5/15. 88
ultraviolet'' FR [INSERT PAGE
(``EUV'') equipment NUMBER], 10/17/23.
and ``specially
designed''
``parts,''
``components,''
``software,'' and
``technology''
therefor, necessary
for the
``development'' or
``production'' of
NAND memory.
Excluded from Sec.
Sec.
744.6(c)(2)(i-iii)
and
744.23(a)(1)(iii)
and (a)(2)(iii) of
the EAR. See Sec.
748.15(d).
[[Page 71481]]
* * * * * * *
SK hynix All items subject to SK hynix Semiconductor 75 FR 62462, 10/12/
Semiconductor the Export (China) Ltd., Lot K7, 10. 77 FR 40258, 7/
(China) Ltd. Administration Wuxi High-tech Zone, 9/12. 78 FR 3319, 1/
Regulations, except Comprehensive Bonded 16/13. 78 FR 69537,
``extreme Zone, Wuxi New District, 11/20/13. 88 FR
ultraviolet'' Jiangsu Province, China [INSERT PAGE
(``EUV'') equipment 214028. NUMBER], 10/17/23.
and ``specially
designed''
``parts,''
``components,''
``software,'' and
``technology,''
necessary for the
``development'' or
``production'' of
dynamic random-
access memory
(DRAM). Excluded
from Sec. Sec.
744.6(c)(2)(i-iii)
and
744.23(a)(1)(iii)
and (a)(2)(iii) of
the EAR. See Sec.
748.15(d).
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2023-22873 Filed 10-13-23; 8:45 am]
BILLING CODE 3510-33-P
