81_FR_40904 81 FR 40783 - Amendments to Existing Validated End-User Authorization in the People's Republic of China: Advanced Micro Devices, Inc.

81 FR 40783 - Amendments to Existing Validated End-User Authorization in the People's Republic of China: Advanced Micro Devices, Inc.

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 121 (June 23, 2016)

Page Range40783-40785
FR Document2016-14902

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 by updating the list of eligible items and destinations (facilities) for VEU Advanced Micro Devices, Inc. (AMD). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to remove an existing ``eligible destination'' (facility); add a building to an existing address at one of AMD's already approved facilities to which eligible items may be exported, reexported or transferred (in-country); and reflect the recent removal of an existing ``eligible item'' from the Commerce Control List (CCL).

Federal Register, Volume 81 Issue 121 (Thursday, June 23, 2016)
[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Rules and Regulations]
[Pages 40783-40785]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14902]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 160303186-6186-01]
RIN 0694-AG91


Amendments to Existing Validated End-User Authorization in the 
People's Republic of China: Advanced Micro Devices, Inc.

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 
Validated End-User (VEU) list for the People's Republic of China by 
updating the list of eligible items and destinations (facilities) for 
VEU Advanced Micro Devices, Inc. (AMD). Specifically, BIS amends 
Supplement No. 7 to part 748 of the EAR to remove an existing 
``eligible destination'' (facility); add a building to an existing 
address at one of AMD's already approved facilities to which eligible 
items may be exported, reexported or transferred (in-country); and 
reflect the recent removal of an existing ``eligible item'' from the 
Commerce Control List (CCL).

DATES: This rule is effective June 23, 2016.

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

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 
(facilities) 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, 
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 Devices, 
Inc. (AMD) in the People's Republic of China

Revision to the List of ``Eligible Destinations'' and ``Eligible 
Items'' for AMD

    In this final rule, BIS amends Supplement No. 7 to part 748 to 
revise AMD's VEU authorization. Specifically, in this rule BIS removes 
one of AMD's existing eligible destinations (facilities). Also, in this 
rule, BIS adds a building to an existing address at one of AMD's 
facilities already approved under Authorization VEU, to which the 
company's eligible items may be exported, reexported or transferred 
(in-country) in the People's Republic of China (PRC) under the 
authorization. Finally, in this rule, BIS removes Export Control 
Classification Number (ECCN) 4D002 from the list of AMD's eligible 
items to reflect the removal of that item from the CCL by 80 FR 29432 
(May 21, 2015). The amendments to the eligible destinations 
(facilities) are in response to a request from AMD, while the amendment 
to the eligible items list reflects the recent removal of that ECCN 
from the CCL. All amendments were approved by the ERC. The revisions 
are as follows:

Removal of AMD's Eligible Destination (Facility)

    AMD Technologies (China) Co., Ltd., No. 88, Su Tong Road, Suzhou, 
China 215021.

[[Page 40784]]

Revision and Update of Address for One of AMD's Eligible Destinations 
(Facilities)

Current Address: Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 
46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park, 1387 
Zhangdong Rd., Pudong, Shanghai, China 201203
New Address: Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 33 
(Unit 1), 46, 47, 48 & 49, River Front Harbor, Zhangjiang Hi-Tech Park, 
No. 1387 Zhang Dong Road, Pudong District, Shanghai, China 201203

Removal of AMD's Eligible Item: ECCN 4D002

    With this revision, AMD's ``Eligible Items'' are as follows: 3D002, 
3D003, 3E001 (limited to ``technology'' for items classified under 
3C002 and 3C004 and ``technology'' for use during the International 
Technology Roadmap for Semiconductors (ITRS) process for items 
classified under ECCNs 3B001 and 3B002), 3E002 (limited to 
``technology'' for use during the ITRS process for items classified 
under ECCNs 3B001 and 3B002), 3E003.e (limited to the ``development'' 
and ``production'' of integrated circuits for commercial applications), 
4D001 and 4E001 (limited to the ``development'' of products under ECCN 
4A003.

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 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 amends the 
authorization for an existing eligible VEU to remove an eligible 
destination (facility), revise an existing eligible destination 
(facility) to add a building, and remove an eligible item no longer 
listed on the CCL. 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 license applications are reviewed 
through an interagency review process, 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 an existing VEU by removing an 
existing eligible destination (facility), revising the address of 
another eligible destination (facility) to add a building, and removing 
an eligible item no longer listed on the CCL. BIS amends the EAR in 
this rule consistent with established objectives and parameters 
administered

[[Page 40785]]

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. 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 7, 2015, 80 FR 
48233 (August 11, 2015).


0
2. Amend Supplement No. 7 to part 748 by revising the entry for 
``Advanced Micro Devices China, Inc.'' 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, Re-export and Transfer, and Eligible Destinations
----------------------------------------------------------------------------------------------------------------
                                    Validated  end-     Eligible items         Eligible        Federal Register
             Country                     user              (by 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).
----------------------------------------------------------------------------------------------------------------
China (People's Republic of)....  Advanced Micro      3D002, 3D003,       Advanced Micro      75 FR 25763, 5/10/
                                   Devices China,      3E001 (limited to   Devices             10.
                                   Inc.                ``technology''      (Shanghai) Co.,    76 FR 2802, 1/18/
                                                       for items           Ltd., Buildings     11.
                                                       classified under    33 (Unit 1), 46,   78 FR 3319, 1/16/
                                                       3C002 and 3C004     47, 48 & 49,        13.
                                                       and                 River Front        81 FR [INSERT PAGE
                                                       ``technology''      Harbor,             NUMBER],
                                                       for use during      Zhangjiang Hi-     6/23/16.
                                                       the International   Tech Park, No.
                                                       Technology          1387 Zhang Dong
                                                       Roadmap for         Road, Pudong
                                                       Semiconductors      District,
                                                       (ITRS) process      Shanghai, China
                                                       for items           201203.
                                                       classified under   AMD Technology
                                                       ECCNs 3B001 and     Development
                                                       3B002), 3E002       (Beijing) Co.,
                                                       (limited to         Ltd., North and
                                                       ``technology''      South Buildings,
                                                       for use during      RaycomInfotech,
                                                       the ITRS process    Park Tower C, No.
                                                       for items           2 Science
                                                       classified under    Institute South
                                                       ECCNs 3B001 and     Rd., Zhong Guan
                                                       3B002), 3E003.e     Cun, Haidian
                                                       (limited to the     District,
                                                       ``development''     Beijing, China
                                                       and                 100190.
                                                       ``production'' of
                                                       integrated
                                                       circuits for
                                                       commercial
                                                       applications),
                                                       4D001 and 4E001
                                                       (limited to the
                                                       ``development''
                                                       of products under
                                                       ECCN 4A003).
----------------------------------------------------------------------------------------------------------------
 Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
                                              to Sec.   748.15(c).
----------------------------------------------------------------------------------------------------------------
                                                                          AMD Products
                                                                           (China) Co. Ltd.,
                                                                           North and South
                                                                           Buildings,
                                                                           RaycomInfotech
                                                                           Park Tower C, No.
                                                                           2 Science
                                                                           Institute South
                                                                           Rd., Zhong Guan
                                                                           Cun, Haidian
                                                                           District,
                                                                           Beijing, China
                                                                           100190.
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: June 17, 2016.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2016-14902 Filed 6-22-16; 8:45 am]
 BILLING CODE 3510-33-P



                                                                     Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations                                           40783

                                                  ending March 25, 2016, was provided                       Dated: June 17, 2016.                                Supplement No. 7 to part 748 of the
                                                  for interested persons to respond to the                Elanor Starmer,                                        EAR. Under the terms described in that
                                                  proposal. No comments were received.                    Administrator, Agricultural Marketing                  supplement, VEUs may obtain eligible
                                                     A small business guide on complying                  Service.                                               items without an export license from
                                                  with fruit, vegetable, and specialty crop               [FR Doc. 2016–14824 Filed 6–22–16; 8:45 am]            BIS, in conformity with section 748.15
                                                  marketing agreements and orders may                     BILLING CODE P                                         of the EAR. Eligible items vary between
                                                  be viewed at: http://www.ams.usda.gov/                                                                         VEUs and may include commodities,
                                                  rules-regulations/moa/small-businesses.                                                                        software, and technology, except those
                                                  Any questions about the compliance                      DEPARTMENT OF COMMERCE                                 controlled for missile technology or
                                                  guide should be sent to Antoinette                                                                             crime control reasons on the Commerce
                                                  Carter at the previously-mentioned                      Bureau of Industry and Security                        Control List (CCL) (part 774 of the EAR).
                                                  address in the FOR FURTHER INFORMATION
                                                  CONTACT section.
                                                                                                                                                                    VEUs are reviewed and approved by
                                                                                                          15 CFR Part 748
                                                     After consideration of all relevant                                                                         the U.S. Government in accordance with
                                                                                                          [Docket No. 160303186–6186–01]                         the provisions of section 748.15 and
                                                  material presented, including the
                                                  information and recommendation                          RIN 0694–AG91                                          Supplement Nos. 8 and 9 to part 748 of
                                                  submitted by the Committee and other                                                                           the EAR. The End-User Review
                                                  available information, it is hereby found               Amendments to Existing Validated                       Committee (ERC), composed of
                                                  that this rule, as herein set forth, will               End-User Authorization in the People’s                 representatives from the Departments of
                                                  tend to effectuate the declared policy of               Republic of China: Advanced Micro                      State, Defense, Energy, Commerce, and
                                                  the Act.                                                Devices, Inc.                                          other agencies as appropriate, is
                                                     Pursuant to 5 U.S.C. 553, it is also                 AGENCY:  Bureau of Industry and                        responsible for administering the VEU
                                                  found and determined that good cause                    Security, Commerce.                                    program. BIS amended the EAR in a
                                                  exists for not postponing the effective                                                                        final rule published on June 19, 2007
                                                                                                          ACTION: Final rule.
                                                  date of this rule until 30 days after                                                                          (72 FR 33646), to create Authorization
                                                  publication in the Federal Register                     SUMMARY:    In this rule, the Bureau of                VEU.
                                                  because: (1) The 2016 fiscal period                     Industry and Security (BIS) amends the
                                                                                                                                                                 Amendments to Existing VEU
                                                  began on January 1, 2016, and the                       Export Administration Regulations
                                                                                                          (EAR) to revise the existing Validated                 Authorization for Advanced Micro
                                                  marketing order requires that the rate of
                                                  assessment for each fiscal period apply                 End-User (VEU) list for the People’s                   Devices, Inc. (AMD) in the People’s
                                                  to all assessable grapes handled during                 Republic of China by updating the list                 Republic of China
                                                  such fiscal period; (2) the Committee                   of eligible items and destinations                     Revision to the List of ‘‘Eligible
                                                  needs to have sufficient funds to pay its               (facilities) for VEU Advanced Micro                    Destinations’’ and ‘‘Eligible Items’’ for
                                                  expenses, which are incurred on a                       Devices, Inc. (AMD). Specifically, BIS                 AMD
                                                  continuous basis; and (3) handlers are                  amends Supplement No. 7 to part 748
                                                  aware of this action, which was                         of the EAR to remove an existing                          In this final rule, BIS amends
                                                  unanimously recommended by the                          ‘‘eligible destination’’ (facility); add a             Supplement No. 7 to part 748 to revise
                                                  Committee at a public meeting and is                    building to an existing address at one of              AMD’s VEU authorization. Specifically,
                                                  similar to other assessment rate actions                AMD’s already approved facilities to                   in this rule BIS removes one of AMD’s
                                                  issued in past years. Also, a 15-day                    which eligible items may be exported,                  existing eligible destinations (facilities).
                                                  comment period was provided for in the                  reexported or transferred (in-country);                Also, in this rule, BIS adds a building
                                                  proposed rule and no comments were                      and reflect the recent removal of an                   to an existing address at one of AMD’s
                                                  received.                                               existing ‘‘eligible item’’ from the                    facilities already approved under
                                                                                                          Commerce Control List (CCL).                           Authorization VEU, to which the
                                                  List of Subjects in 7 CFR Part 925
                                                                                                          DATES: This rule is effective June 23,                 company’s eligible items may be
                                                    Grapes, Marketing agreements,                         2016.                                                  exported, reexported or transferred (in-
                                                  Reporting and recordkeeping                                                                                    country) in the People’s Republic of
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  requirements.                                                                                                  China (PRC) under the authorization.
                                                                                                          Chair, End-User Review Committee,
                                                    For the reasons set forth in the                      Office of the Assistant Secretary, Export              Finally, in this rule, BIS removes Export
                                                  preamble, 7 CFR part 925 is amended as                  Administration, Bureau of Industry and                 Control Classification Number (ECCN)
                                                  follows:                                                Security, U.S. Department of Commerce,                 4D002 from the list of AMD’s eligible
                                                                                                          Phone: 202–482–5991; Email: ERC@                       items to reflect the removal of that item
                                                  PART 925—GRAPES GROWN IN A
                                                                                                          bis.doc.gov.                                           from the CCL by 80 FR 29432 (May 21,
                                                  DESIGNATED AREA OF
                                                                                                          SUPPLEMENTARY INFORMATION:                             2015). The amendments to the eligible
                                                  SOUTHEASTERN CALIFORNIA
                                                                                                                                                                 destinations (facilities) are in response
                                                                                                          Background                                             to a request from AMD, while the
                                                  ■ 1. The authority citation for 7 CFR
                                                  part 925 continues to read as follows:                  Authorization Validated End-User                       amendment to the eligible items list
                                                                                                                                                                 reflects the recent removal of that ECCN
                                                      Authority: 7 U.S.C. 601–674.                           Validated End-Users (VEUs) are
                                                                                                                                                                 from the CCL. All amendments were
                                                  ■ 2. Section 925.215 is revised to read                 designated entities located in eligible
                                                                                                                                                                 approved by the ERC. The revisions are
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  as follows:                                             destinations to which eligible items may
                                                                                                          be exported, reexported, or transferred                as follows:
                                                  § 925.215    Assessment rate.                           (in-country) under a general                           Removal of AMD’s Eligible Destination
                                                    On and after January 1, 2016, an                      authorization instead of a license. The                (Facility)
                                                  assessment rate of $0.0300 per 18-pound                 names of the VEUs, as well as the dates
                                                  lug is established for grapes grown in a                they were so designated, and their                       AMD Technologies (China) Co., Ltd.,
                                                  designated area of southeastern                         respective eligible destinations                       No. 88, Su Tong Road, Suzhou, China
                                                  California.                                             (facilities) and items are identified in               215021.


                                             VerDate Sep<11>2014   16:58 Jun 22, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\23JNR1.SGM   23JNR1


                                                  40784              Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations

                                                  Revision and Update of Address for One                  reducing costs, harmonizing rules, and                 longer listed on the CCL. These changes
                                                  of AMD’s Eligible Destinations                          promoting flexibility. This rule has been              have been made within the established
                                                  (Facilities)                                            determined to be not significant for                   regulatory framework of the VEU
                                                  Current Address: Advanced Micro                         purposes of Executive Order 12866.                     program. Further, this rule does not
                                                    Devices (Shanghai) Co., Ltd.,                            2. This rule involves collections                   abridge the rights of the public or
                                                    Buildings 46, 47, 48 & 49, River Front                previously approved by the Office of                   eliminate the public’s option to export
                                                    Harbor, Zhangjiang Hi-Tech Park,                      Management and Budget (OMB) under                      under any of the forms of authorization
                                                    1387 Zhangdong Rd., Pudong,                           Control Number 0694–0088, ‘‘Multi-                     set forth in the EAR.
                                                    Shanghai, China 201203                                Purpose Application,’’ which carries a                    Publication of this rule in other than
                                                  New Address: Advanced Micro Devices                     burden hour estimate of 43.8 minutes to                final form is unnecessary because the
                                                    (Shanghai) Co., Ltd., Buildings 33                    prepare and submit form BIS–748; and                   authorizations granted in the rule are
                                                    (Unit 1), 46, 47, 48 & 49, River Front                for recordkeeping, reporting and review                consistent with the authorizations
                                                    Harbor, Zhangjiang Hi-Tech Park, No.                  requirements in connection with                        granted to exporters for individual
                                                    1387 Zhang Dong Road, Pudong                          Authorization VEU, which carries an                    licenses (and amendments or revisions
                                                    District, Shanghai, China 201203                      estimated burden of 30 minutes per                     thereof), which do not undergo public
                                                                                                          submission. This rule is expected to                   review. In addition, as with license
                                                  Removal of AMD’s Eligible Item: ECCN                    result in a decrease in license                        applications, VEU authorization
                                                  4D002                                                   applications submitted to BIS. Total                   applications contain confidential
                                                     With this revision, AMD’s ‘‘Eligible                 burden hours associated with the                       business information, which is
                                                  Items’’ are as follows: 3D002, 3D003,                   Paperwork Reduction Act of 1995 (44                    necessary for the extensive review
                                                  3E001 (limited to ‘‘technology’’ for                    U.S.C. 3501 et seq.) (PRA) and OMB                     conducted by the U.S. Government in
                                                  items classified under 3C002 and 3C004                  Control Number 0694–0088 are not                       assessing such applications. This
                                                  and ‘‘technology’’ for use during the                   expected to increase significantly as a                information is extensively reviewed
                                                  International Technology Roadmap for                    result of this rule. Notwithstanding any               according to the criteria for VEU
                                                  Semiconductors (ITRS) process for                       other provisions of law, no person is                  authorizations, as set out in 15 CFR
                                                  items classified under ECCNs 3B001                      required to respond to, nor be subject to              748.15(a)(2). Additionally, just as
                                                  and 3B002), 3E002 (limited to                           a penalty for failure to comply with a                 license applications are reviewed
                                                  ‘‘technology’’ for use during the ITRS                  collection of information subject to the               through an interagency review process,
                                                  process for items classified under                      requirements of the PRA, unless that                   the authorizations granted under the
                                                  ECCNs 3B001 and 3B002), 3E003.e                         collection of information displays a                   VEU program involve interagency
                                                  (limited to the ‘‘development’’ and                     currently valid OMB Control Number.                    deliberation and result from review of
                                                  ‘‘production’’ of integrated circuits for                  3. This rule does not contain policies              public and non-public sources,
                                                  commercial applications), 4D001 and                     with Federalism implications as that                   including licensing data, and the
                                                  4E001 (limited to the ‘‘development’’ of                term is defined under Executive Order                  measurement of such information
                                                  products under ECCN 4A003.                              13132.                                                 against the VEU authorization criteria.
                                                                                                             4. Pursuant to the Administrative                   Given the nature of the review, and in
                                                  Export Administration Act                               Procedure Act (APA), 5 U.S.C.                          light of the parallels between the VEU
                                                    Although the Export Administration                    553(b)(B), BIS finds good cause to waive               application review process and the
                                                  Act expired on August 20, 2001, the                     requirements that this rule be subject to              review of license applications, public
                                                  President, through Executive Order                      notice and the opportunity for public                  comment on this authorization and
                                                  13222 of August 17, 2001, 3 CFR, 2001                   comment because they are unnecessary.                  subsequent amendments prior to
                                                  Comp., p. 783 (2002), as amended by                     In determining whether to grant VEU                    publication is unnecessary. Moreover,
                                                  Executive Order 13637 of March 8,                       designations, a committee of U.S.                      because, as noted above, the criteria and
                                                  2013, 78 FR 16129 (March 13, 2013) and                  Government agencies evaluates                          process for authorizing and
                                                  as extended by the Notice of August 7,                  information about and commitments                      administering VEUs were developed
                                                  2015, 80 FR 48233 (August 11, 2015),                    made by candidate companies, the                       with public comments, allowing
                                                  has continued the Export                                nature and terms of which are set forth                additional public comment on this
                                                  Administration Regulations in effect                    in 15 CFR part 748, Supplement No. 8.                  amendment to individual VEU
                                                  under the International Emergency                       The criteria for evaluation by the                     authorizations, which was determined
                                                  Economic Powers Act. BIS continues to                   committee are set forth in 15 CFR                      according to those criteria, is
                                                  carry out the provisions of the Export                  748.15(a)(2). The information,                         unnecessary.
                                                  Administration Act, as appropriate and                  commitments, and criteria for this                        Section 553(d) of the APA generally
                                                  to the extent permitted by law, pursuant                extensive review were all established                  provides that rules may not take effect
                                                  to Executive Order 13222 as amended                     through the notice of proposed                         earlier than thirty (30) days after they
                                                  by Executive Order 13637.                               rulemaking and public comment                          are published in the Federal Register.
                                                                                                          process (71 FR 38313 (July 6, 2006)                    However, BIS finds good cause to waive
                                                  Rulemaking Requirements                                 (proposed rule), and 72 FR 33646 (June                 the 30-day delay in effectiveness for this
                                                     1. Executive Orders 13563 and 12866                  19, 2007) (final rule)). Given the                     rule pursuant to 5 U.S.C. 553(d)(3)
                                                  direct agencies to assess all costs and                 similarities between the authorizations                because the delay would be contrary to
                                                  benefits of available regulatory                        provided under the VEU program and                     the public interest. BIS is simply
                                                  alternatives and, if regulation is                      export licenses (as discussed further                  amending the authorization of an
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                  necessary, to select regulatory                         below), the publication of this                        existing VEU by removing an existing
                                                  approaches that maximize net benefits                   information does not establish new                     eligible destination (facility), revising
                                                  (including potential economic,                          policy. In publishing this final rule, BIS             the address of another eligible
                                                  environmental, public health and safety                 amends the authorization for an existing               destination (facility) to add a building,
                                                  effects, distributive impacts, and                      eligible VEU to remove an eligible                     and removing an eligible item no longer
                                                  equity). Executive Order 13563                          destination (facility), revise an existing             listed on the CCL. BIS amends the EAR
                                                  emphasizes the importance of                            eligible destination (facility) to add a               in this rule consistent with established
                                                  quantifying both costs and benefits,                    building, and remove an eligible item no               objectives and parameters administered


                                             VerDate Sep<11>2014   16:58 Jun 22, 2016   Jkt 238001   PO 00000   Frm 00006   Fmt 4700   Sfmt 4700   E:\FR\FM\23JNR1.SGM   23JNR1


                                                                     Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations                                                        40785

                                                  and enforced by the responsible                          opportunity for public comment are not                        PART 748—[AMENDED]
                                                  designated departmental representatives                  required under the APA or by any other
                                                  to the End-User Review Committee.                        law, the analytical requirements of the                       ■ 1. The authority citation for part 748
                                                  Delaying this action’s effectiveness                     Regulatory Flexibility Act (5 U.S.C. 601                      continues to read as follows:
                                                  would likely cause confusion regarding                   et seq.) are not applicable. As a result,                       Authority: 50 U.S.C. 4601 et seq.; 50
                                                  which items are authorized by the U.S.                   no final regulatory flexibility analysis is                   U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
                                                  Government and in turn stifle the                        required and none has been prepared.                          3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
                                                  purpose of the VEU Program.                                                                                            FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
                                                                                                           List of Subjects in 15 CFR Part 748                           of August 7, 2015, 80 FR 48233 (August 11,
                                                  Accordingly, it is contrary to the public
                                                  interest to delay this rule’s effectiveness.               Administrative practice and                                 2015).
                                                    No other law requires that a notice of                 procedure, Exports, Reporting and                             ■ 2. Amend Supplement No. 7 to part
                                                  proposed rulemaking and an                               recordkeeping requirements.                                   748 by revising the entry for ‘‘Advanced
                                                  opportunity for public comment be                          Accordingly, part 748 of the EAR (15                        Micro Devices China, Inc.’’ in ‘‘China
                                                  given for this final rule. Because a                     CFR parts 730–774) is amended as                              (People’s Republic of)’’ to read as
                                                  notice of proposed rulemaking and an                     follows:                                                      follows:
                                                       SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END-USER (VEU): LIST OF VALIDATED END-USERS,
                                                             RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, RE-EXPORT AND TRANSFER, AND ELIGIBLE DESTINATIONS
                                                                             Validated                      Eligible items                                                                     Federal Register
                                                        Country                                                                                         Eligible destination
                                                                             end-user                        (by ECCN)                                                                             citation

                                                                     Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).

                                                  China (People’s Re-    Advanced Micro         3D002, 3D003, 3E001 (limited to              Advanced Micro Devices (Shanghai)         75 FR 25763, 5/10/10.
                                                    public of).            Devices China,         ‘‘technology’’ for items classified          Co., Ltd., Buildings 33 (Unit 1), 46,   76 FR 2802, 1/18/11.
                                                                           Inc.                   under 3C002 and 3C004 and ‘‘tech-            47, 48 & 49, River Front Harbor,        78 FR 3319, 1/16/13.
                                                                                                  nology’’ for use during the Inter-           Zhangjiang Hi-Tech Park, No. 1387       81 FR [INSERT PAGE NUMBER],
                                                                                                  national Technology Roadmap for              Zhang Dong Road, Pudong District,       6/23/16.
                                                                                                  Semiconductors (ITRS) process for            Shanghai, China 201203.
                                                                                                  items classified under ECCNs               AMD Technology Development (Bei-
                                                                                                  3B001 and 3B002), 3E002 (limited             jing) Co., Ltd., North and South
                                                                                                  to ‘‘technology’’ for use during the         Buildings, RaycomInfotech, Park
                                                                                                  ITRS process for items classified            Tower C, No. 2 Science Institute
                                                                                                  under ECCNs 3B001 and 3B002),                South Rd., Zhong Guan Cun,
                                                                                                  3E003.e (limited to the ‘‘develop-           Haidian District, Beijing, China
                                                                                                  ment’’ and ‘‘production’’ of inte-           100190.
                                                                                                  grated circuits for commercial appli-
                                                                                                  cations), 4D001 and 4E001 (limited
                                                                                                  to the ‘‘development’’ of products
                                                                                                  under ECCN 4A003).

                                                                     Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c).

                                                                                                                                             AMD Products (China) Co. Ltd., North
                                                                                                                                              and          South       Buildings,
                                                                                                                                              RaycomInfotech Park Tower C, No.
                                                                                                                                              2 Science Institute South Rd.,
                                                                                                                                              Zhong Guan Cun, Haidian District,
                                                                                                                                              Beijing, China 100190.


                                                                     *                      *                    *                      *                      *                   *                 *



                                                    Dated: June 17, 2016.                                  ACTION:    Final interpretation.                              I. Background
                                                  Matthew S. Borman,
                                                  Deputy Assistant Secretary for Export                    SUMMARY:   The Securities and Exchange                           Rule 611 of Regulation NMS provides
                                                  Administration.                                          Commission is issuing a final                                 intermarket protection against trade-
                                                  [FR Doc. 2016–14902 Filed 6–22–16; 8:45 am]              interpretation with respect to the                            throughs for ‘‘automated’’ (as opposed
                                                  BILLING CODE 3510–33–P                                   definition of automated quotation under                       to ‘‘manual’’) quotations of NMS stocks.
                                                                                                           Rule 600(b)(3) of Regulation NMS.                             Under Regulation NMS, an ‘‘automated’’
                                                                                                                                                                         quotation is one that, among other
                                                                                                           DATES:    Effective June 23, 2016.                            things, can be executed ‘‘immediately
                                                  SECURITIES AND EXCHANGE
                                                                                                           FOR FURTHER INFORMATION CONTACT:                              and automatically’’ against an incoming
                                                  COMMISSION
                                                                                                           Richard Holley III, Assistant Director,                       immediate-or-cancel order. The
                                                  17 CFR Part 241                                          Michael Bradley, Special Counsel, or                          Regulation NMS Adopting Release
asabaliauskas on DSK3SPTVN1PROD with RULES




                                                                                                           Michael Ogershok, Attorney-Adviser,                           issued in 2005 makes clear that this
                                                  [Release No. 34–78102; File No. S7–03–16]                                                                              formulation was intended to distinguish
                                                                                                           Office of Market Supervision, at 202–
                                                                                                           551–5777, Division of Trading and                             and exclude from protection quotations
                                                  Commission Interpretation Regarding
                                                                                                           Markets, Securities and Exchange                              on manual markets that produced
                                                  Automated Quotations Under
                                                                                                           Commission, 100 F Street NE.,                                 delays measured in seconds in
                                                  Regulation NMS
                                                                                                           Washington, DC 20549–7010.                                    responding to an incoming order,
                                                  AGENCY:Securities and Exchange                                                                                         because delays of that magnitude would
                                                  Commission.                                              SUPPLEMENTARY INFORMATION:                                    impair fair and efficient access to an


                                             VerDate Sep<11>2014   16:58 Jun 22, 2016    Jkt 238001   PO 00000   Frm 00007   Fmt 4700       Sfmt 4700   E:\FR\FM\23JNR1.SGM    23JNR1



Document Created: 2018-02-08 07:41:16
Document Modified: 2018-02-08 07:41:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective June 23, 2016.
ContactChair, 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]
FR Citation81 FR 40783 
RIN Number0694-AG91
CFR AssociatedAdministrative Practice and Procedure; Exports and Reporting and Recordkeeping Requirements

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR