80 FR 65931 - Amendments to Existing Validated End-User Authorizations in the People's Republic of China
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 80, Issue 208 (October 28, 2015)
Bureau of Industry and Security
Federal Register Volume 80, Issue 208 (October 28, 2015)
| Page Range | 65931-65934 | |
| FR Document | 2015-27442 |
[Federal Register Volume 80, Number 208 (Wednesday, October 28, 2015)] [Rules and Regulations] [Pages 65931-65934] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27442] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 748 [Docket No. 150825776-5776-01] RIN 0694-AG69 Amendments to Existing Validated End-User Authorizations in the People's Republic of China AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to revise the existing authorizations for Validated End Users Advanced Micro-Fabrication Equipment, Inc., China (AMEC) and Applied Materials (China), Inc. (AMC) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to Part 748 of the EAR to add one item to AMEC's list of eligible items that may be exported, reexported or transferred (in country) to the company's eligible facility in the PRC, and to add a facility and an item to Validated End User AMC's list of eligible destinations and eligible items. DATES: This rule is effective October 28, 2015. FOR FURTHER INFORMATION CONTACT: 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; Fax: 202- 482-3911; 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 their respective eligible destinations and items are identified in Supplement No. 7 to part 748 of the EAR. Under the terms described in that supplement, VEUs may obtain eligible items without an export license from BIS, in conformity with Section 748.15 of the EAR. Eligible items vary between VEUs and may include commodities, software, and technology, except those controlled for missile technology or crime control reasons on the Commerce Control List (CCL) (part 774 of the EAR). VEUs are reviewed and approved by the U.S. Government in accordance with the provisions of Section 748.15 and Supplement Nos. 8 and 9 to part 748 of the EAR. The End-User Review Committee (ERC), composed of representatives from the Departments of State, Defense, Energy, and Commerce, and other agencies, as appropriate, is responsible for administering the VEU program. BIS amended the EAR in a final rule published on June 19, 2007 (72 FR 33646), to create Authorization VEU. Amendments to Existing VEU Authorization for Advanced Micro-Fabrication Equipment Inc. China (AMEC) and Applied Materials (China) Inc. (AMC) in the People's Republic of China Revision to the List of ``Eligible Items (by ECCN)'' for AMEC In this final rule, BIS amends Supplement No. 7 to Part 748 to add one Export Control Classification Number (ECCN), 3B001.a.2, to the list of items that may be exported, reexported or transferred (in country) to AMEC's facility in the PRC under Authorization VEU. This amendment is made in response to a request from AMEC and upon the ERC's determination that adding the additional ECCN is authorized under Section 748.15 of the EAR. The revised list of eligible items for AMEC is as follows: Eligible Items (by ECCN) That May Be Exported, Reexported or Transferred (In Country) to the Eligible Destination Identified Under AMEC's Validated End-User Authorization 2B230, 3B001.a.2, 3B001.c and 3B001.e (items classified under ECCNs 3B001.a.2, 3B001.c, and 3B001.e are limited to components and accessories). Revision to the List of ``Eligible Items (by ECCN)'' and List of ``Eligible Destinations'' for AMC In this rule, BIS also amends Supplement No. 7 to Part 748 to add an eligible facility, Applied Materials (China), Inc.--Headquarters, to AMC's authorized list of ``Eligible Destinations.'' Further, BIS authorizes one ECCN, 3E001 (limited to ``technology'' according to the General Technology Note for the ``development,'' or ``production'' of items controlled by ECCN 3B001), for the list of items which may be exported, reexported or transferred (in country) to that facility in the PRC under AMC's Authorization VEU. These amendments are made in response to a request from AMC and upon the ERC's determination that adding the additional facility and additional ECCN is authorized under Section 748.15 of the EAR. The new eligible facility and related eligible items, identified by three asterisks in Supplement No. 7 to Part 748, for AMC are as follows: New Eligible Destination, Applied Materials (China), Inc.-- Headquarters, 1388 Zhangdong Road, Bldg. 22, Zhangiang Hi-Tech Park, Pudong, Shanghai, 201203, China Eligible Item (by ECCN) That May Be Exported, Reexported or Transferred (In Country) to the Applied Materials (China), Inc.--Headquarters Eligible Destination Identified Under AMCs Validated End-User Authorization, 3E001 (limited to ``technology'' according to the General Technology Note for the ``development'' or ``production'' of items controlled by ECCN 3B001) Export Administration Act Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to [[Page 65932]] carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222 as amended by Executive Order 13637. Rulemaking Requirements 1. Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has been determined to be not significant for purposes of Executive Order 12866. 2. This rule involves collections previously approved by the Office of Management and Budget (OMB) under Control Number 0694-0088, ``Multi- Purpose Application,'' which carries a burden hour estimate of 43.8 minutes to prepare and submit form BIS-748; and for recordkeeping, reporting and review requirements in connection with Authorization VEU, which carries an estimated burden of 30 minutes per submission. This rule is expected to result in a decrease in license applications submitted to BIS. Total burden hours associated with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control Number 0694-0088 are not expected to increase significantly as a result of this rule. Notwithstanding any other provisions of law, no person is required to respond to, nor be subject to a penalty for failure to comply with a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), BIS finds good cause to waive requirements that this rule be subject to notice and the opportunity for public comment because they are unnecessary. In determining whether to grant VEU designations, a committee of U.S. Government agencies evaluates information about and commitments made by candidate companies, the nature and terms of which are set forth in 15 CFR part 748, Supplement No. 8. The criteria for evaluation by the committee are set forth in 15 CFR 748.15(a)(2). The information, commitments, and criteria for this extensive review were all established through the notice of proposed rulemaking and public comment process (71 FR 38313 (July 6, 2006) (proposed rule), and 72 FR 33646 (June 19, 2007) (final rule)). Given the similarities between the authorizations provided under the VEU program and export licenses (as discussed further below), the publication of this information does not establish new policy. In publishing this final rule, BIS adds eligible destinations and items to two existing eligible VEUs. These changes have been made within the established regulatory framework of the VEU program. Further, this rule does not abridge the rights of the public or eliminate the public's option to export under any of the forms of authorization set forth in the EAR. Publication of this rule in other than final form is unnecessary because the authorizations granted in the rule are consistent with the authorizations granted to exporters for individual licenses (and amendments or revisions thereof), which do not undergo public review. In addition, as with license applications, VEU authorization applications contain confidential business information, which is necessary for the extensive review conducted by the U.S. Government in assessing such applications. This information is extensively reviewed according to the criteria for VEU authorizations, as set out in 15 CFR 748.15(a)(2). Additionally, just as the interagency reviews license applications, the authorizations granted under the VEU program involve interagency deliberation and result from review of public and non- public sources, including licensing data, and the measurement of such information against the VEU authorization criteria. Given the nature of the review, and in light of the parallels between the VEU application review process and the review of license applications, public comment on this authorization and subsequent amendments prior to publication is unnecessary. Moreover, because, as noted above, the criteria and process for authorizing and administering VEUs were developed with public comments, allowing additional public comment on this amendment to individual VEU authorizations, which was determined according to those criteria, is unnecessary. Section 553(d) of the APA generally provides that rules may not take effect earlier than thirty (30) days after they are published in the Federal Register. However, BIS finds good cause to waive the 30-day delay in effectiveness for this rule pursuant to 5 U.S.C. 553(d)(3) because the delay would be contrary to the public interest. BIS is simply amending the authorization of two existing VEUs by adding an ECCN and a facility for one and an ECCN for the other to the list of eligible items that may be sent to them, consistent with established objectives and parameters administered and enforced by the responsible designated departmental representatives to the End-User Review Committee. Delaying this action's effectiveness would likely cause confusion regarding which items are authorized by the U.S. Government and in turn stifle the purpose of the VEU Program. Accordingly, it is contrary to the public interest to delay this rule's effectiveness. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required under the APA or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. As a result, no final regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 748 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended as follows: PART 748--[AMENDED] 0 1. The authority citation for Part 748 continues to read as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015). 0 2. Amend Supplement No. 7 to part 748, under ``China (People's Republic of),'' by revising the entries for ``Advanced Micro-Fabrication Equipment, Inc., China'' and ``Applied Materials (China), Inc.'' to read as follows: [[Page 65933]] Supplement No. 7 to Part 748--Authorization Validated End-User (VEU): List of Validated End-Users, Respective Items Eligible for Export, Reexport and Transfer, and Eligible Destinations ---------------------------------------------------------------------------------------------------------------- Validated end- Eligible items (by Eligible Federal Register Country user ECCN) destination citation ---------------------------------------------------------------------------------------------------------------- Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to Sec. 748.15(c). ---------------------------------------------------------------------------------------------------------------- * * * * * * * Advanced Micro- 2B230, 3B001.a.2, Advanced Micro- 78 FR 41291, 7/10/ Fabrication 3B001.c and Fabrication 13. 80 FR [INSERT Equipment, Inc., 3B001.e (items Equipment, Inc., PAGE NUMBER], 10/ China. classified under 188 Taihua Road, 28/15. ECCNs 3B001.a.2, Jinqiao Export 3B001.c and Processing Zone 3B001.e are (South Area), limited to Pudong, Shanghai components and 201201, China. accessories). Applied Materials These Items * Applied 72 FR 59164, 10/19/ (China), Inc. Authorized for Materials South 07. 74 FR 19382, those Applied East Asia Pte. 4/29/09. 75 FR Materials Ltd.--Shanghai 27185, 5/14/10. Destinations Depot, c/o 77 FR 10953, 2/24/ Identified by one Shanghai Applied 12. 80 FR, asterisk (*):, Materials [INSERT PAGE 2B006.b, 2B230, Technical Service NUMBER], 10/28/ 2B350.g.3, Center, No. 2667 15. 2B350.i, 3B001.a, Zuchongzhi Road, 3B001.b, 3B001.c, Shanghai, China 3B001.e, 3B001.f, 201203. 3C001, 3C002, * Applied 3D002 (limited to Materials South ``software'' East Asia Pte. specially Ltd.--Beijing designed for the Depot, c/o ``use'' of stored Beijing Applied program Materials controlled items Technical Service classified under Center, No. 1 ECCN 3B001). North Di Sheng Street, BDA, Beijing, China 100176.. * Applied Materials South East Asia Pte. Ltd.--Wuxi Depot, c/o Sinotrans Jiangsu Fuchang Logistics Co., Ltd., 1 Xi Qin Road, Wuxi Export Processing Zone, Wuxi, Jiangsu, China 214028. * Applied Materials South East Asia Pte. Ltd.--Wuhan Depot, c/o Wuhan Optics Valley Import & Export Co., Ltd., No. 101 Guanggu Road, East Lake High- Tec Development Zone, Wuhan, Hubei, China 430074. * Applied Materials (China), Inc.-- Shanghai Depot, No. 2667, Zuchongzhi Road, Shanghai, China 201203. * Applied Materials (China), Inc.-- Beijing Depot, No. 1 North Di Sheng Street, BDA, Beijing, China 100176. These Items ** Applied Authorized for Materials (Xi'an) the Applied Ltd., No. 28 Xin Materials Xi Ave., Xi'an Destination High Tech Park, Identified by two Export Processing asterisks (**): Zone, Xi'an, 2B006.b, 2B230, Shaanxi, China 2B350.g.3, 710075. 2B350.i, 3B001.a, 3B001.b, 3B001.c, 3B001.e, 3B001.f, 3C001, 3C002, 3D002 (limited to ``software'' specially designed for the ``use'' of stored program controlled items classified under ECCN 3B001), and 3E001 (limited to ``technology'' according to the General Technology Note for the ``development'' or ``production'' of items controlled by ECCN 3B001). [[Page 65934]] This item is *** Applied authorized for Materials those Applied (China), Inc.-- Materials Headquarters, Destination 1388 Zhangdong Identified by Road, Bldg. 22, three asterisks Zhangjiang Hi- (***): 3E001 Tech Park, (limited to Pudong, Shanghai, ``technology'' 201203, China. according to the General Technology Note for the ``development'' or ``production'' of items controlled by ECCN 3B001). * * * * * * * ---------------------------------------------------------------------------------------------------------------- Dated: October 21, 2015. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2015-27442 Filed 10-27-15; 8:45 am] BILLING CODE 3510-33-P
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(5) For service information identified in Security, U.S. Department of Commerce, Eligible Items (by ECCN) That May Be
this AD, contact Boeing Commercial Phone: 202–482–5991; Fax: 202–482– Exported, Reexported or Transferred (In
Airplanes, Attention: Data & Services 3911; Email: ERC@bis.doc.gov. Country) to the Eligible Destination
Management, P.O. Box 3707, MC 2H–65, Identified Under AMEC’s Validated
Seattle, WA 98124–2207; telephone 206– SUPPLEMENTARY INFORMATION:
544–5000, extension 1; fax 206–766–5680;
End-User Authorization
Internet https://www.myboeingfleet.com. Background 2B230, 3B001.a.2, 3B001.c and
(6) You may view this service information 3B001.e (items classified under ECCNs
at the FAA, Transport Airplane Directorate, Authorization Validated End-User
3B001.a.2, 3B001.c, and 3B001.e are
1601 Lind Avenue SW., Renton, WA. For limited to components and accessories).
Validated End-Users (VEUs) are
information on the availability of this
material at the FAA, call 425–227–1221. designated entities located in eligible Revision to the List of ‘‘Eligible Items (by
(7) You may view this service information destinations to which eligible items may ECCN)’’ and List of ‘‘Eligible
that is incorporated by reference at the be exported, reexported, or transferred Destinations’’ for AMC
National Archives and Records (in-country) under a general
Administration (NARA). For information on authorization instead of a license. The In this rule, BIS also amends
the availability of this material at NARA, call names of the VEUs, as well as the dates Supplement No. 7 to Part 748 to add an
202–741–6030, or go to: http:// they were so designated, and their eligible facility, Applied Materials
www.archives.gov/federal-register/cfr/ibr- (China), Inc.—Headquarters, to AMC’s
locations.html.
respective eligible destinations and
items are identified in Supplement No. authorized list of ‘‘Eligible
Issued in Renton, Washington, on October 7 to part 748 of the EAR. Under the Destinations.’’ Further, BIS authorizes
16, 2015. terms described in that supplement, one ECCN, 3E001 (limited to
Jeffrey E. Duven, VEUs may obtain eligible items without ‘‘technology’’ according to the General
Manager,Transport Airplane Directorate, an export license from BIS, in Technology Note for the
Aircraft Certification Service. conformity with Section 748.15 of the ‘‘development,’’ or ‘‘production’’ of
[FR Doc. 2015–27190 Filed 10–27–15; 8:45 am] EAR. Eligible items vary between VEUs items controlled by ECCN 3B001), for
BILLING CODE 4910–13–P and may include commodities, software, the list of items which may be exported,
and technology, except those controlled reexported or transferred (in country) to
for missile technology or crime control that facility in the PRC under AMC’s
Authorization VEU. These amendments
DEPARTMENT OF COMMERCE reasons on the Commerce Control List
are made in response to a request from
(CCL) (part 774 of the EAR).
Bureau of Industry and Security AMC and upon the ERC’s determination
VEUs are reviewed and approved by that adding the additional facility and
15 CFR Part 748 the U.S. Government in accordance with additional ECCN is authorized under
the provisions of Section 748.15 and Section 748.15 of the EAR. The new
[Docket No. 150825776–5776–01] Supplement Nos. 8 and 9 to part 748 of eligible facility and related eligible
RIN 0694–AG69
the EAR. The End-User Review items, identified by three asterisks in
Committee (ERC), composed of Supplement No. 7 to Part 748, for AMC
Amendments to Existing Validated representatives from the Departments of are as follows:
End-User Authorizations in the State, Defense, Energy, and Commerce, New Eligible Destination, Applied
People’s Republic of China and other agencies, as appropriate, is Materials (China), Inc.—Headquarters,
responsible for administering the VEU 1388 Zhangdong Road, Bldg. 22,
AGENCY: Bureau of Industry and program. BIS amended the EAR in a Zhangiang Hi-Tech Park, Pudong,
Security, Commerce. final rule published on June 19, 2007 Shanghai, 201203, China
ACTION: Final rule. (72 FR 33646), to create Authorization Eligible Item (by ECCN) That May Be
VEU. Exported, Reexported or Transferred
SUMMARY: In this rule, the Bureau of
Amendments to Existing VEU (In Country) to the Applied Materials
Industry and Security (BIS) amends the
Authorization for Advanced Micro- (China), Inc.—Headquarters Eligible
Export Administration Regulations
Fabrication Equipment Inc. China Destination Identified Under AMCs
(EAR) to revise the existing
(AMEC) and Applied Materials (China) Validated End-User Authorization,
authorizations for Validated End Users
Inc. (AMC) in the People’s Republic of 3E001 (limited to ‘‘technology’’
Advanced Micro-Fabrication
China according to the General Technology
Equipment, Inc., China (AMEC) and
Note for the ‘‘development’’ or
Applied Materials (China), Inc. (AMC)
Revision to the List of ‘‘Eligible Items (by ‘‘production’’ of items controlled by
in the People’s Republic of China (PRC).
ECCN)’’ for AMEC ECCN 3B001)
Specifically, BIS amends Supplement
No. 7 to Part 748 of the EAR to add one In this final rule, BIS amends Export Administration Act
item to AMEC’s list of eligible items that Supplement No. 7 to Part 748 to add one Although the Export Administration
may be exported, reexported or Export Control Classification Number Act expired on August 20, 2001, the
transferred (in country) to the (ECCN), 3B001.a.2, to the list of items President, through Executive Order
company’s eligible facility in the PRC, that may be exported, reexported or 13222 of August 17, 2001, 3 CFR, 2001
and to add a facility and an item to transferred (in country) to AMEC’s Comp., p. 783 (2002), as amended by
Validated End User AMC’s list of facility in the PRC under Authorization Executive Order 13637 of March 8,
eligible destinations and eligible items. VEU. This amendment is made in 2013, 78 FR 16129 (March 13, 2013) and
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DATES: This rule is effective October 28, response to a request from AMEC and as extended by the Notice of August 7,
2015. upon the ERC’s determination that 2015, 80 FR 48233 (August 11, 2015),
FOR FURTHER INFORMATION CONTACT: End- adding the additional ECCN is has continued the Export
User Review Committee, Office of the authorized under Section 748.15 of the Administration Regulations in effect
Assistant Secretary, Export EAR. The revised list of eligible items under the International Emergency
Administration, Bureau of Industry and for AMEC is as follows: Economic Powers Act. BIS continues to
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![65932 Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations
carry out the provisions of the Export The criteria for evaluation by the according to those criteria, is
Administration Act, as appropriate and committee are set forth in 15 CFR unnecessary.
to the extent permitted by law, pursuant 748.15(a)(2). The information, Section 553(d) of the APA generally
to Executive Order 13222 as amended commitments, and criteria for this provides that rules may not take effect
by Executive Order 13637. extensive review were all established earlier than thirty (30) days after they
Rulemaking Requirements through the notice of proposed are published in the Federal Register.
rulemaking and public comment However, BIS finds good cause to waive
1. Executive Orders 13563 and 12866 process (71 FR 38313 (July 6, 2006) the 30-day delay in effectiveness for this
direct agencies to assess all costs and (proposed rule), and 72 FR 33646 (June rule pursuant to 5 U.S.C. 553(d)(3)
benefits of available regulatory 19, 2007) (final rule)). Given the because the delay would be contrary to
alternatives and, if regulation is the public interest. BIS is simply
similarities between the authorizations
necessary, to select regulatory amending the authorization of two
provided under the VEU program and
approaches that maximize net benefits existing VEUs by adding an ECCN and
export licenses (as discussed further
(including potential economic, a facility for one and an ECCN for the
environmental, public health and safety below), the publication of this
information does not establish new other to the list of eligible items that
effects, distributive impacts, and may be sent to them, consistent with
equity). Executive Order 13563 policy. In publishing this final rule, BIS
adds eligible destinations and items to established objectives and parameters
emphasizes the importance of administered and enforced by the
quantifying both costs and benefits, two existing eligible VEUs. These
changes have been made within the responsible designated departmental
reducing costs, harmonizing rules, and representatives to the End-User Review
promoting flexibility. This rule has been established regulatory framework of the
VEU program. Further, this rule does Committee. Delaying this action’s
determined to be not significant for effectiveness would likely cause
purposes of Executive Order 12866. not abridge the rights of the public or
eliminate the public’s option to export confusion regarding which items are
2. This rule involves collections
authorized by the U.S. Government and
previously approved by the Office of under any of the forms of authorization
in turn stifle the purpose of the VEU
Management and Budget (OMB) under set forth in the EAR.
Program. Accordingly, it is contrary to
Control Number 0694–0088, ‘‘Multi- Publication of this rule in other than the public interest to delay this rule’s
Purpose Application,’’ which carries a final form is unnecessary because the effectiveness.
burden hour estimate of 43.8 minutes to authorizations granted in the rule are No other law requires that a notice of
prepare and submit form BIS–748; and consistent with the authorizations
for recordkeeping, reporting and review proposed rulemaking and an
granted to exporters for individual opportunity for public comment be
requirements in connection with licenses (and amendments or revisions
Authorization VEU, which carries an given for this final rule. Because a
thereof), which do not undergo public notice of proposed rulemaking and an
estimated burden of 30 minutes per review. In addition, as with license
submission. This rule is expected to opportunity for public comment are not
applications, VEU authorization required under the APA or by any other
result in a decrease in license
applications contain confidential law, the analytical requirements of the
applications submitted to BIS. Total
business information, which is Regulatory Flexibility Act (5 U.S.C. 601
burden hours associated with the
necessary for the extensive review et seq.) are not applicable. As a result,
Paperwork Reduction Act of 1995 (44
conducted by the U.S. Government in no final regulatory flexibility analysis is
U.S.C. 3501 et seq.) (PRA) and OMB
Control Number 0694–0088 are not assessing such applications. This required and none has been prepared.
expected to increase significantly as a information is extensively reviewed
according to the criteria for VEU List of Subjects in 15 CFR Part 748
result of this rule. Notwithstanding any
other provisions of law, no person is authorizations, as set out in 15 CFR Administrative practice and
required to respond to, nor be subject to 748.15(a)(2). Additionally, just as the procedure, Exports, Reporting and
a penalty for failure to comply with a interagency reviews license recordkeeping requirements.
collection of information subject to the applications, the authorizations granted Accordingly, part 748 of the EAR (15
requirements of the PRA, unless that under the VEU program involve CFR parts 730–774) is amended as
collection of information displays a interagency deliberation and result from follows:
currently valid OMB Control Number. review of public and non-public
3. This rule does not contain policies sources, including licensing data, and PART 748—[AMENDED]
with Federalism implications as that the measurement of such information
against the VEU authorization criteria. ■ 1. The authority citation for Part 748
term is defined under Executive Order
Given the nature of the review, and in continues to read as follows:
13132.
4. Pursuant to the Administrative light of the parallels between the VEU Authority: 50 U.S.C. app. 2401 et seq.; 50
Procedure Act (APA), 5 U.S.C. application review process and the U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
553(b)(B), BIS finds good cause to waive review of license applications, public 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
comment on this authorization and FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
requirements that this rule be subject to
of August 7, 2015, 80 FR 48233 (August 11,
notice and the opportunity for public subsequent amendments prior to
2015).
comment because they are unnecessary. publication is unnecessary. Moreover,
In determining whether to grant VEU because, as noted above, the criteria and ■ 2. Amend Supplement No. 7 to part
designations, a committee of U.S. process for authorizing and 748, under ‘‘China (People’s Republic
Government agencies evaluates administering VEUs were developed of),’’ by revising the entries for
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information about and commitments with public comments, allowing ‘‘Advanced Micro-Fabrication
made by candidate companies, the additional public comment on this Equipment, Inc., China’’ and ‘‘Applied
nature and terms of which are set forth amendment to individual VEU Materials (China), Inc.’’ to read as
in 15 CFR part 748, Supplement No. 8. authorizations, which was determined follows:
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SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS
Validated Eligible items
Country Eligible destination Federal Register citation
end-user (by ECCN)
Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).
* * * * * * *
Advanced Micro- 2B230, 3B001.a.2, 3B001.c and Advanced Micro-Fabrication 78 FR 41291, 7/10/13. 80 FR
Fabrication 3B001.e (items classified under Equipment, Inc., 188 Taihua [INSERT PAGE NUMBER], 10/
Equipment, ECCNs 3B001.a.2, 3B001.c Road, Jinqiao Export Proc- 28/15.
Inc., China. and 3B001.e are limited to essing Zone (South Area),
components and accessories). Pudong, Shanghai 201201,
China.
Applied Mate- These Items Authorized for those * Applied Materials South East 72 FR 59164, 10/19/07. 74 FR
rials (China), Applied Materials Destinations Asia Pte. Ltd.—Shanghai 19382, 4/29/09. 75 FR 27185,
Inc. Identified by one asterisk (*):, Depot, c/o Shanghai Applied 5/14/10. 77 FR 10953, 2/24/12.
2B006.b, 2B230, 2B350.g.3, Materials Technical Service 80 FR, [INSERT PAGE NUM-
2B350.i, 3B001.a, 3B001.b, Center, No. 2667 Zuchongzhi BER], 10/28/15.
3B001.c, 3B001.e, 3B001.f, Road, Shanghai, China 201203.
3C001, 3C002, 3D002 (limited * Applied Materials South East
to ‘‘software’’ specially de- Asia Pte. Ltd.—Beijing Depot,
signed for the ‘‘use’’ of stored c/o Beijing Applied Materials
program controlled items clas- Technical Service Center, No.
sified under ECCN 3B001). 1 North Di Sheng Street, BDA,
Beijing, China 100176.
* Applied Materials South East
Asia Pte. Ltd.—Wuxi Depot, c/
o Sinotrans Jiangsu Fuchang
Logistics Co., Ltd., 1 Xi Qin
Road, Wuxi Export Processing
Zone, Wuxi, Jiangsu, China
214028.
* Applied Materials South East
Asia Pte. Ltd.—Wuhan Depot,
c/o Wuhan Optics Valley Im-
port & Export Co., Ltd., No.
101 Guanggu Road, East Lake
High-Tec Development Zone,
Wuhan, Hubei, China 430074.
* Applied Materials (China), Inc.—
Shanghai Depot, No. 2667,
Zuchongzhi Road, Shanghai,
China 201203.
* Applied Materials (China), Inc.—
Beijing Depot, No. 1 North Di
Sheng Street, BDA, Beijing,
China 100176.
These Items Authorized for the ** Applied Materials (Xi’an) Ltd.,
Applied Materials Destination No. 28 Xin Xi Ave., Xi’an High
Identified by two asterisks (**): Tech Park, Export Processing
2B006.b, 2B230, 2B350.g.3, Zone, Xi’an, Shaanxi, China
2B350.i, 3B001.a, 3B001.b, 710075.
3B001.c, 3B001.e, 3B001.f,
3C001, 3C002, 3D002 (limited
to ‘‘software’’ specially de-
signed for the ‘‘use’’ of stored
program controlled items clas-
sified under ECCN 3B001),
and 3E001 (limited to ‘‘tech-
nology’’ according to the Gen-
eral Technology Note for the
‘‘development’’ or ‘‘production’’
of items controlled by ECCN
3B001).
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![65934 Federal Register / Vol. 80, No. 208 / Wednesday, October 28, 2015 / Rules and Regulations
SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS,
RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS—Continued
Validated Eligible items
Country Eligible destination Federal Register citation
end-user (by ECCN)
This item is authorized for those *** Applied Materials (China),
Applied Materials Destination Inc.—Headquarters, 1388
Identified by three asterisks Zhangdong Road, Bldg. 22,
(***): 3E001 (limited to ‘‘tech- Zhangjiang Hi-Tech Park,
nology’’ according to the Gen- Pudong, Shanghai, 201203,
eral Technology Note for the China.
‘‘development’’ or ‘‘production’’
of items controlled by ECCN
3B001).
* * * * * * *
Dated: October 21, 2015. of the Secretary of Defense and the OSD and outlines for official researchers of
Matthew S. Borman, Components. The purpose of this rule is the DOS to access information within
Deputy Assistant Secretary for Export to provide such guidance to former OSD Files.
Administration. Cabinet level officials and former 5. Procedures for Historical
[FR Doc. 2015–27442 Filed 10–27–15; 8:45 am] Presidential appointees (FPAs), Researchers Not Permanently Assigned
BILLING CODE 3510–33–P including their personnel, aides, and to the Executive Branch: Updates and
official researchers. outlines procedures for Non DoD and
b. In accordance with Title 5 of the executive branch personnel to access
DEPARTMENT OF DEFENSE United States Code, ‘‘Government information within OSD files for
Organization and Employees,’’ this rule historical research.
Office of the Secretary updates procedures for the programs 6. Procedures for Document Review
that permit authorized personnel to for the FRUS Series: Updates and
32 CFR Part 197 perform historical research in records outlines procedures for reviewing FRUS
created by or in the custody of Office of information within OSD files for
[Docket ID: DoD–2013–OS–0108] the Secretary of Defense and its historical research.
RIN 0790–AJ07 components consistent with federal 7. Procedures for Copying Documents:
regulations. Updates and outlines procedures for
Historical Research in the Files of the copying information within OSD files
B. Summary of the Major Provisions of
Office of the Secretary of Defense for historical research.
the Regulatory Action In Question
(OSD) 8. General Guidelines for Researching
This final rule updates and clarifies
AGENCY: Department of Defense. OSD Records: Updates and outlines
procedures regarding the review and
procedures for researching information
ACTION: Final rule. accessibility to records and information
within OSD files for historical research.
in the custody of the Secretary of
SUMMARY: This final rule updates and 9. General Guidelines for Researching
Defense and the OSD Components. The
clarifies procedures regarding the OSD Records: Updates and outlines
purpose of this rule is to provide such
review and accessibility to records and guidelines applicable to researchers
guidance to former Cabinet level
information in the custody of the while reviewing OSD files.
officials and former Presidential
Secretary of Defense and the OSD appointees (FPAs), including their C. Costs and Benefits
Components. The purpose of this rule is personnel, aides, and official
to provide such guidance to former Annual yearly cost vary and are
researchers. dependent on the number of researchers
Cabinet level officials and former 1. Explanation of FOIA Exemptions
Presidential appointees (FPAs), requesting access to DoD owned
and Classification Categories:
including their personnel, aides, and information, the volume of information
Explanation of restrictions applicable to
official researchers. requiring review and/or declassification
the public’s request for information
and other operational constraints within
DATES: This rule is effective November within OSD files.
2. Responsibilities: Outlines the a given FY.
27, 2015.
responsibilities of Director of Cost: Cost estimates use actual data
FOR FURTHER INFORMATION CONTACT: Mr. for 2012 per hour. Cost is aggregated
Ronald R. McCully, 571–372–0473. Administration and Management
(D&AM); OSD Records Administrator, based on average rank (military), grade
SUPPLEMENTARY INFORMATION: (civilian) and time in service for
and the OSD Components.
I. Executive Summary 3. Procedures for Historical personnel qualified for oversight of
Researchers Permanently Assigned researchers within the Washington-
A. Purpose of the Regulatory Action Baltimore-Northern Virginia, DC-MD-
Within the Executive Branch Working
a. The Office of the Secretary of on Official Projects: Updates and VA-WV-PA area.
Lhorne on DSK5TPTVN1PROD with RULES
Defense (OSD) is issuing a final rule that outlines procedures for access to Military = Rank 05 with 10+ years of
would update Part 197.5 of Title 32, information held within OSD files for time in service
Code of Federal Regulations. This final historical research. Civilian = Grade GS–13, Step 5+ with
rule updates and clarifies procedures 4. Procedures for the Department of minimum 5 years of time in service
regarding the review and accessibility to State (DoS) Foreign Relations of the Military = $39.77 per hour
records and information in the custody United States (FRUS) Series: Updates Civilian = $48.51 per hour
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Document Created: 2018-02-27 08:57:54
Document Modified: 2018-02-27 08:57:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective October 28, 2015. | |
| Contact | 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; Fax: 202- 482-3911; Email: [email protected] | |
| FR Citation | 80 FR 65931 | |
| RIN Number | 0694-AG69 | |
| CFR Associated | Administrative Practice and Procedure; Exports and Reporting and Recordkeeping Requirements |
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