83_FR_25666 83 FR 25559 - Implementation of the February 2017 Australia Group (AG) Intersessional Decisions and the June 2017 AG Plenary Understandings; Addition of India to the AG; Correction

83 FR 25559 - Implementation of the February 2017 Australia Group (AG) Intersessional Decisions and the June 2017 AG Plenary Understandings; Addition of India to the AG; Correction

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 107 (June 4, 2018)

Page Range25559-25561
FR Document2018-11875

The Bureau of Industry and Security (BIS) publishes this final rule to make certain conforming changes based on the revisions to Export Control Classification Number (ECCN) 1C350 on the Commerce Control List (CCL) contained in a final rule published on April 2, 2018. That final rule amended the Export Administration Regulations (EAR) to implement the recommendations presented at the February 2017 Australia Group (AG) Intersessional Implementation Meeting, and later adopted pursuant to the AG silent approval procedure, and the recommendations made at the June 2017 AG Plenary Implementation Meeting and adopted by the AG Plenary. Among other changes, the April 2, 2018, final rule amended ECCN 1C350 by renumbering paragraphs .b through .d in alphabetical order. Following the publication of that rule, however, certain references to ECCN 1C350.c and 1C350.d in the description of items eligible under the validated end-user authorization (VEU) provisions of the EAR no longer identified the correct subparagraphs in ECCN 1C350 because the rule inadvertently failed to update the references to ECCN 1C350.c and 1C350.d in the description of eligible items for three of the validated end-users identified in Supplement No. 7 to part 748 (Authorization Validated End-User (VEU)) of the EAR. This final rule amends the VEU provisions to provide the correct references to eligible items in ECCN 1C350 for three validated end-users.

Federal Register, Volume 83 Issue 107 (Monday, June 4, 2018)
[Federal Register Volume 83, Number 107 (Monday, June 4, 2018)]
[Rules and Regulations]
[Pages 25559-25561]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11875]


=======================================================================
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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 170306234-8444-02]
RIN 0694-AH37


Implementation of the February 2017 Australia Group (AG) 
Intersessional Decisions and the June 2017 AG Plenary Understandings; 
Addition of India to the AG; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correction.

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

SUMMARY: The Bureau of Industry and Security (BIS) publishes this final 
rule to make certain conforming changes based on the revisions to 
Export Control Classification Number (ECCN) 1C350 on the Commerce 
Control List (CCL) contained in a final rule published on April 2, 
2018. That final rule amended the Export Administration Regulations 
(EAR) to implement the recommendations presented at the February 2017 
Australia Group (AG) Intersessional Implementation Meeting, and later 
adopted pursuant to the AG silent approval procedure, and the 
recommendations made at the June 2017 AG Plenary Implementation Meeting 
and adopted by the AG Plenary. Among other changes, the April 2, 2018, 
final rule amended ECCN 1C350 by renumbering paragraphs .b through .d 
in alphabetical order. Following the publication of that rule, however, 
certain references to ECCN 1C350.c and 1C350.d in the description of 
items eligible under the validated end-user authorization (VEU) 
provisions of the EAR no longer identified the correct subparagraphs in 
ECCN 1C350 because the rule inadvertently failed to update the 
references to ECCN 1C350.c and 1C350.d in the description of eligible 
items for three of the validated end-users identified in Supplement No. 
7 to part 748 (Authorization Validated End-User (VEU)) of the EAR. This 
final rule amends the VEU provisions to provide the correct references 
to eligible items in ECCN 1C350 for three validated end-users.

DATES: This rule is effective June 4, 2018.

FOR FURTHER INFORMATION CONTACT: Chair, End-User Review Committee, 
Office of the Assistant Secretary, Export Administration, Bureau of 
Industry and Security, U.S. Department of Commerce, Phone: 202-482-
5991; Email: [email protected].

SUPPLEMENTARY INFORMATION: On April 2, 2018, the Bureau of Industry and 
Security (BIS) published a final rule titled ``Implementation of the 
February 2017 Australia Group (AG) Intersessional Decisions and the 
June 2017 AG Plenary Understandings; Addition of India to the AG'' (83 
FR 13849), which amended the Export Administration Regulations (EAR) to 
implement the recommendations presented at the Australia Group (AG) 
Intersessional Implementation Meeting held in Buenos Aires, Argentina, 
on February 15, 2017, and adopted pursuant to the AG silent approval 
procedure in April 2017, and the recommendations presented at the 
Implementation Meeting of the 2017 AG Plenary held in Paris, France, 
from June 26-30, 2017, and adopted by the AG Plenary. In addition, that 
final rule amended the EAR to reflect the addition of India as a 
participating country in the AG, as of January 19, 2018.
    The amendments to the April 2, 2018, final rule included revisions 
to Export Control Classification Number (ECCN) 1C350, among which were 
the renumbering of certain items listed in paragraph .b, .c, or .d of 
this ECCN. However, that final rule inadvertently omitted updates to 
the references to ECCN 1C350.c and 1C350.d in the description of 
eligible items for three of the validated end-users identified in 
Supplement No. 7 to part 748 (Authorization Validated End-User (VEU)) 
of the EAR. Consequently, these descriptions no longer identified the 
correct subparagraphs for eligible items in ECCN 1C350. This final rule 
amends the references to ECCN 1C350 in Supplement No. 7 to part 748 to 
identify the correct subparagraphs for eligible items in ECCN 1C350, 
consistent with the amendments to ECCN 1C350 contained in the April 2, 
2018, final rule.
    Specifically, this final rule amends Supplement No. 7 to part 748 
to correctly identify which items in ECCN 1C350 are eligible for each 
of the following validated end-users: (1) The description of eligible 
ECCN 1C350 items in the entry for ``CSMC Technologies Corporation'' is 
revised to reference 1C350.c.4 (Phosphorus oxychloride, C.A.S. #10025-
87-3) and 1C350.c.12 (Trimethyl phosphite, C.A.S. #121-45-9); (2) the 
description of eligible ECCN 1C350 items in the entry for ``Samsung 
China Semiconductor Co. Ltd.'' is revised to reference 1C350.c.4 and 
1C350.d.10 (Hydrogen fluoride, C.A.S. #7664-39-3); and (3) the 
description of eligible ECCN 1C350 items in the entry for ``Shanghai 
Huahong Grace Semiconductor

[[Page 25560]]

Manufacturing Corporation'' is revised to reference 1C350.c.4 and 
1C350.d.10. These conforming amendments do not change the scope of 
eligible items for any of the three validated end-users indicated 
above--they merely update the ECCN references in Supplement No. 7 to 
part 748 to correctly identify which ECCN 1C350 items are eligible for 
each of these validated end-users. Because this rule does not add or 
remove any validated end-users or revise the scope of eligible items, 
the citation for this rule is not indicated in the ``Federal Register 
Citation'' column of Supplement No. 7.

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 15, 2017 (82 FR 39005 (August 16, 2017)), has continued the 
Export Administration Regulations in effect under the International 
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 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, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been determined to be not significant for 
purposes of Executive Order 12866. This rule is not an Executive Order 
13771 regulatory action because this rule is not significant under 
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid Office of Management and Budget (OMB) Control Number. This rule 
contains a collection of information subject to the requirements of the 
PRA. This collection has been approved by OMB under control number 
0694-0088, Simplified Network Application Processing System. This 
collection includes license applications, among other things, and 
carries a burden estimate of 29.6 minutes per manual or electronic 
submission for a total burden estimate of 31,833 hours. This rule is 
not expected to result in any change in the burden hours associated 
with this collection. Specifically, this rule updates references to 
ECCN 1C350 in Supplement No. 7 to part 748 (Authorization Validated 
End-User (VEU)) to reflect the amendments to this ECCN made by a final 
rule, titled ``Implementation of the February 2017 Australia Group (AG) 
Intersessional Decisions and the June 2017 AG Plenary Understandings; 
Addition of India to the AG,'' that was published in the Federal 
Register on April 2, 2018 (83 FR 13849). These corrections to 
Supplement No. 7 to part 748 are not expected to change the number of 
license applications that will have to be submitted for items 
controlled under ECCN 1C350. Send comments regarding this burden 
estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to Jasmeet Seehra, 
Office of Management and Budget, by email to 
[email protected] or by fax to (202) 395-7285; and to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, 14th Street & Pennsylvania Avenue NW, Room 2705, 
Washington, DC 20230 or by email to [email protected].
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking and the opportunity for 
public participation are waived for good cause because they are 
unnecessary and contrary to the public interest. (See 5 U.S.C. 
553(b)(B)). The provision of the Administrative Procedure Act requiring 
a 30-day delay in effectiveness is also waived for good cause. (5 
U.S.C. 553(d)(3)). The changes contained in this rule are non-
substantive technical corrections of a previously published rule that 
has already been exempted from notice and comment. This rule is 
necessary to ensure clarity in the regulations and accuracy regarding 
the scope of VEU-eligible items in Supplement No. 1 to part 748 of the 
EAR. If this rule were delayed to allow for notice and comment and a 
delay in effective date, it would result in further confusion caused by 
the incorrect cross-references to ECCN 1C350 contained in this 
Supplement. These changes are also essential to ensuring the accurate 
and complete implementation of the April 2, 2018, final rule.
    Further, 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 to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

    For the reasons stated in the preamble, part 748 of the Export 
Administration Regulations (15 CFR parts 730-774) is amended as 
follows:

PART 748--[AMENDED]

0
1. The authority citation for 15 CFR 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 15, 2017, 82 FR 
39005 (August 16, 2017).


0
2. 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), is amended 
by revising the validated end-user entries for ``CSMC Technologies 
Corporation,'' ``Samsung China Semiconductor Co. Ltd.,'' and ``Shanghai 
Huahong Grace Semiconductor Manufacturing Corporation,'' listed under 
the country ``China (People's Republic of),'' to read as follows:

Supplement No. 7 to Part 748--Authorization Validated End-User (VEU): 
List of Validated End-Users, Respective Items Eligible for Export, 
Reexport and Transfer, and Eligible Destinations

[[Page 25561]]



----------------------------------------------------------------------------------------------------------------
                                                  Eligible items (by                           Federal Register
         Country            Validated end-user           ECCN)         Eligible destination        citation
----------------------------------------------------------------------------------------------------------------
 Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited
                                              to Sec.   748.15(c).
----------------------------------------------------------------------------------------------------------------
China (People's Republic
 of)
 
                                                  * * * * * * *
                           CSMC Technologies     1C350.c.4,            CSMC Technologies     76 FR 2802, 1/18/
                            Corporation.          1C350.c.12,           Fab 1 Co., Ltd., 14   11. 76 FR 37634, 6/
                                                  2B230.a, 2B230.b,     Liangxi Road, Wuxi,   28/11. 77 FR
                                                  2B350.f, 2B350.g,     Jiangsu 214061,       10953, 2/24/12. 78
                                                  2B350.h, 3B001.e,     China.                FR 23472, 4/19/13.
                                                  3B001.h (except for  CSMC Technologies      78 FR 32981, 6/3/
                                                  multilayer masks      Fab 2 Co., Ltd., 8    13.
                                                  with a phase shift    Xinzhou Rd., Wuxi
                                                  layer designed to     National New Hi-
                                                  produce ``space       Tech Industrial
                                                  qualified''           Development Zone,
                                                  semiconductor         Wuxi, Jiangsu
                                                  devices), 3C002.a,    214028, China.
                                                  and 3C004.
 
                                                  * * * * * * *
                           Samsung China         1C350.c.4,            Samsung China         78 FR 41291, 7/10/
                            Semiconductor Co.     1C350.d.10,           Semiconductor Co.,    13. 78 FR 69535,
                            Ltd.                  2B006.a,              Ltd., No. 1999,       11/20/13. 79 FR
                                                  2B006.b.1.d, 2B230,   North Xiaohe Road,    30713, 5/29/14. 80
                                                  2B350.d.2,            Xi'an, China 710119.  FR 11863, 3/5/15.
                                                  2B350.g.3,
                                                  2B350.i.3, 3A233,
                                                  3B001.a.1, 3B001.b,
                                                  3B001.e, 3B001.f,
                                                  3B001.h, 3C002,
                                                  3C004, 3D002, and
                                                  3E001 (limited to
                                                  ``technology'' for
                                                  items classified
                                                  under 3C002 and
                                                  3C004 and
                                                  ``technology'' for
                                                  use consistent with
                                                  the International
                                                  Technology Roadmap
                                                  for Semiconductors
                                                  process for items
                                                  classified under
                                                  ECCNs 3B001 and
                                                  3B002).
                           Shanghai Huahong      1C350.c.4,            Shanghai Huahong      78 FR 32981, 6/3/
                            Grace Semiconductor   1C350.d.10, 2B230,    Grace Semiconductor   13.
                            Manufacturing         2B350.d.2,            Manufacturing
                            Corporation.          2B350.g.3,            Corporation--HFab
                                                  2B350.i.4,            2, 668 Guoshoujing
                                                  3B001.a.1, 3B001.b,   Road, Zhangjiang Hi-
                                                  3B001.e, 3B001.f,     Tech Park, Shanghai
                                                  3B001.h, 3C002,       201203.
                                                  3C004, 5B002, and    China Shanghai
                                                  5E002 (controlled     Huahong Grace
                                                  by ECCNs 5A002,       Semiconductor
                                                  5A004, or 5A992       Manufacturing
                                                  that have been        Corporation--HFab
                                                  successfully          1, 1188 Chuanqiao
                                                  reviewed under the    Road, Pudong,
                                                  encryption review     Shanghai 201206
                                                  process specified     China.
                                                  in Sections          Shanghai Huahong
                                                  740.17(b)(2) or       Grace Semiconductor
                                                  740.17(b)(3) of the   Manufacturing
                                                  EAR).                 Corporation--GFab1,
                                                                        1399 Zuchongzhi
                                                                        Road, Zhangjiang Hi-
                                                                        Tech Park, Shanghai
                                                                        201203 China.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Dated: May 29, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-11875 Filed 6-1-18; 8:45 am]
 BILLING CODE 3510-33-P



                                                                   Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations                                          25559

                                              700 feet above the surface within a 6.9-                DEPARTMENT OF COMMERCE                                 SUPPLEMENTARY INFORMATION:       On April
                                              mile radius of That That airspace’’. The                                                                       2, 2018, the Bureau of Industry and
                                              airspace description now reads ‘‘That                   Bureau of Industry and Security                        Security (BIS) published a final rule
                                              airspace extending upward from 700                                                                             titled ‘‘Implementation of the February
                                              feet above the surface within a 6.9-mile                15 CFR Part 748                                        2017 Australia Group (AG)
                                              radius of Greenwood-Leflore Airport                                                                            Intersessional Decisions and the June
                                                                                                      [Docket No. 170306234–8444–02]
                                              and within 1.2 miles each side of the                                                                          2017 AG Plenary Understandings;
                                              Sidon VORTAC 079° radial, extending                     RIN 0694–AH37                                          Addition of India to the AG’’ (83 FR
                                              from the 6.9-mile radius to 2 miles each                                                                       13849), which amended the Export
                                                                                                      Implementation of the February 2017                    Administration Regulations (EAR) to
                                              side of the VORTAC.’’
                                                                                                      Australia Group (AG) Intersessional                    implement the recommendations
                                                 Class D and E airspace designations                  Decisions and the June 2017 AG                         presented at the Australia Group (AG)
                                              are published in paragraph 5000, 6002,                  Plenary Understandings; Addition of                    Intersessional Implementation Meeting
                                              6004, and 6005, respectively, of FAA                    India to the AG; Correction                            held in Buenos Aires, Argentina, on
                                              Order 7400.11B dated August 3, 2017,                                                                           February 15, 2017, and adopted
                                              and effective September 15, 2017, which                 AGENCY:  Bureau of Industry and                        pursuant to the AG silent approval
                                              is incorporated by reference in 14 CFR                  Security, Commerce.                                    procedure in April 2017, and the
                                              part 71.1. The Class D and E airspace                   ACTION: Final rule; correction.                        recommendations presented at the
                                              designations listed in this document                                                                           Implementation Meeting of the 2017 AG
                                                                                                      SUMMARY:   The Bureau of Industry and                  Plenary held in Paris, France, from June
                                              will be published subsequently in the                   Security (BIS) publishes this final rule
                                              Order.                                                                                                         26–30, 2017, and adopted by the AG
                                                                                                      to make certain conforming changes                     Plenary. In addition, that final rule
                                              Availability and Summary of                             based on the revisions to Export Control               amended the EAR to reflect the addition
                                              Documents for Incorporation by                          Classification Number (ECCN) 1C350 on                  of India as a participating country in the
                                              Reference                                               the Commerce Control List (CCL)                        AG, as of January 19, 2018.
                                                                                                      contained in a final rule published on                    The amendments to the April 2, 2018,
                                                 This document amends FAA Order                       April 2, 2018. That final rule amended                 final rule included revisions to Export
                                              7400.11B, Airspace Designations and                     the Export Administration Regulations                  Control Classification Number (ECCN)
                                              Reporting Points, dated August 6, 2017,                 (EAR) to implement the                                 1C350, among which were the
                                              and effective September 15, 2017. FAA                   recommendations presented at the                       renumbering of certain items listed in
                                              Order 7400.11B is publicly available as                 February 2017 Australia Group (AG)                     paragraph .b, .c, or .d of this ECCN.
                                              listed in the ADDRESSES section of this                 Intersessional Implementation Meeting,                 However, that final rule inadvertently
                                              document. FAA Order 7400.11B lists                      and later adopted pursuant to the AG                   omitted updates to the references to
                                              Class A, B, C, D, and E airspace areas,                 silent approval procedure, and the                     ECCN 1C350.c and 1C350.d in the
                                              air traffic service routes, and reporting               recommendations made at the June 2017                  description of eligible items for three of
                                              points.                                                 AG Plenary Implementation Meeting                      the validated end-users identified in
                                                                                                      and adopted by the AG Plenary. Among                   Supplement No. 7 to part 748
                                              Correction to Final Rule                                other changes, the April 2, 2018, final                (Authorization Validated End-User
                                                                                                      rule amended ECCN 1C350 by                             (VEU)) of the EAR. Consequently, these
                                                Accordingly, pursuant to the                          renumbering paragraphs .b through .d in                descriptions no longer identified the
                                              authority delegated to me, in the                       alphabetical order. Following the                      correct subparagraphs for eligible items
                                              Federal Register of May 17, 2018 (83 FR                 publication of that rule, however,                     in ECCN 1C350. This final rule amends
                                              22840) FR No. 2018–10389, the                           certain references to ECCN 1C350.c and                 the references to ECCN 1C350 in
                                              amendment of Class E Airspace for                       1C350.d in the description of items                    Supplement No. 7 to part 748 to identify
                                              Greenwood-Leflore Airport, Greenwood,                   eligible under the validated end-user                  the correct subparagraphs for eligible
                                              MS, is corrected as follows:                            authorization (VEU) provisions of the                  items in ECCN 1C350, consistent with
                                                                                                      EAR no longer identified the correct                   the amendments to ECCN 1C350
                                              § 71.1   [Amended]                                      subparagraphs in ECCN 1C350 because                    contained in the April 2, 2018, final
                                              ASO MS E5        Greenwood, MS [Amended]                the rule inadvertently failed to update                rule.
                                                On page 22842, column 1 lines 10, 11, and             the references to ECCN 1C350.c and                        Specifically, this final rule amends
                                              12, remove the words                                    1C350.d in the description of eligible                 Supplement No. 7 to part 748 to
                                                ‘‘That airspace extending upward from 700             items for three of the validated end-                  correctly identify which items in ECCN
                                              feet above the surface within a 6.9-mile                users identified in Supplement No. 7 to                1C350 are eligible for each of the
                                              radius of That That airspace’’.                         part 748 (Authorization Validated End-                 following validated end-users: (1) The
                                                                                                      User (VEU)) of the EAR. This final rule                description of eligible ECCN 1C350
                                                Issued in College Park, Georgia, on May 24,           amends the VEU provisions to provide                   items in the entry for ‘‘CSMC
                                              2018.                                                   the correct references to eligible items in            Technologies Corporation’’ is revised to
                                              Ryan W. Almasy,                                         ECCN 1C350 for three validated end-                    reference 1C350.c.4 (Phosphorus
                                              Manager, Operations Support Group, Eastern              users.                                                 oxychloride, C.A.S. #10025–87–3) and
                                              Service Center, Air Traffic Organization.                                                                      1C350.c.12 (Trimethyl phosphite, C.A.S.
                                                                                                      DATES:   This rule is effective June 4,
                                              [FR Doc. 2018–11851 Filed 6–1–18; 8:45 am]                                                                     #121–45–9); (2) the description of
                                                                                                      2018.                                                  eligible ECCN 1C350 items in the entry
sradovich on DSK3GMQ082PROD with RULES




                                              BILLING CODE 4910–13–P
                                                                                                      FOR FURTHER INFORMATION CONTACT:                       for ‘‘Samsung China Semiconductor Co.
                                                                                                      Chair, End-User Review Committee,                      Ltd.’’ is revised to reference 1C350.c.4
                                                                                                      Office of the Assistant Secretary, Export              and 1C350.d.10 (Hydrogen fluoride,
                                                                                                      Administration, Bureau of Industry and                 C.A.S. #7664–39–3); and (3) the
                                                                                                      Security, U.S. Department of Commerce,                 description of eligible ECCN 1C350
                                                                                                      Phone: 202–482–5991; Email: ERC@                       items in the entry for ‘‘Shanghai
                                                                                                      bis.doc.gov.                                           Huahong Grace Semiconductor


                                         VerDate Sep<11>2014   16:56 Jun 01, 2018   Jkt 244001   PO 00000   Frm 00013   Fmt 4700   Sfmt 4700   E:\FR\FM\04JNR1.SGM   04JNR1


                                              25560                Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations

                                              Manufacturing Corporation’’ is revised                  Office of Management and Budget                        regulations and accuracy regarding the
                                              to reference 1C350.c.4 and 1C350.d.10.                  (OMB) Control Number. This rule                        scope of VEU-eligible items in
                                              These conforming amendments do not                      contains a collection of information                   Supplement No. 1 to part 748 of the
                                              change the scope of eligible items for                  subject to the requirements of the PRA.                EAR. If this rule were delayed to allow
                                              any of the three validated end-users                    This collection has been approved by                   for notice and comment and a delay in
                                              indicated above—they merely update                      OMB under control number 0694–0088,                    effective date, it would result in further
                                              the ECCN references in Supplement No.                   Simplified Network Application                         confusion caused by the incorrect cross-
                                              7 to part 748 to correctly identify which               Processing System. This collection                     references to ECCN 1C350 contained in
                                              ECCN 1C350 items are eligible for each                  includes license applications, among                   this Supplement. These changes are also
                                              of these validated end-users. Because                   other things, and carries a burden                     essential to ensuring the accurate and
                                              this rule does not add or remove any                    estimate of 29.6 minutes per manual or                 complete implementation of the April 2,
                                              validated end-users or revise the scope                 electronic submission for a total burden               2018, final rule.
                                              of eligible items, the citation for this                estimate of 31,833 hours. This rule is                    Further, no other law requires that a
                                              rule is not indicated in the ‘‘Federal                  not expected to result in any change in                notice of proposed rulemaking and an
                                              Register Citation’’ column of                           the burden hours associated with this                  opportunity for public comment be
                                              Supplement No. 7.                                       collection. Specifically, this rule                    given for this final rule. Because a
                                              Export Administration Act                               updates references to ECCN 1C350 in                    notice of proposed rulemaking and an
                                                                                                      Supplement No. 7 to part 748                           opportunity for public comment are not
                                                Although the Export Administration                    (Authorization Validated End-User                      required to be given for this rule under
                                              Act expired on August 20, 2001, the                     (VEU)) to reflect the amendments to this               the Administrative Procedure Act or by
                                              President, through Executive Order                      ECCN made by a final rule, titled                      any other law, the analytical
                                              13222 of August 17, 2001, 3 CFR, 2001                   ‘‘Implementation of the February 2017                  requirements of the Regulatory
                                              Comp., p. 783 (2002), as amended by                     Australia Group (AG) Intersessional                    Flexibility Act (5 U.S.C. 601 et seq.) are
                                              Executive Order 13637 of March 8,                       Decisions and the June 2017 AG Plenary                 not applicable. Accordingly, no
                                              2013, 78 FR 16129 (March 13, 2013),                     Understandings; Addition of India to                   regulatory flexibility analysis is required
                                              and as extended by the Notice of August                 the AG,’’ that was published in the
                                              15, 2017 (82 FR 39005 (August 16,                                                                              and none has been prepared.
                                                                                                      Federal Register on April 2, 2018 (83 FR
                                              2017)), has continued the Export                        13849). These corrections to                           List of Subjects in 15 CFR Part 748
                                              Administration Regulations in effect                    Supplement No. 7 to part 748 are not
                                              under the International Emergency                                                                                Administrative practice and
                                                                                                      expected to change the number of                       procedure, Exports, Reporting and
                                              Economic Powers Act (50 U.S.C. 1701 et
                                                                                                      license applications that will have to be              recordkeeping requirements.
                                              seq.). BIS continues to carry out the
                                                                                                      submitted for items controlled under
                                              provisions of the Export Administration                                                                          For the reasons stated in the
                                                                                                      ECCN 1C350. Send comments regarding
                                              Act, as appropriate and to the extent                                                                          preamble, part 748 of the Export
                                                                                                      this burden estimate or any other aspect
                                              permitted by law, pursuant to Executive                                                                        Administration Regulations (15 CFR
                                                                                                      of this collection of information,
                                              Order 13222 as amended by Executive                                                                            parts 730–774) is amended as follows:
                                                                                                      including suggestions for reducing the
                                              Order 13637.
                                                                                                      burden, to Jasmeet Seehra, Office of                   PART 748—[AMENDED]
                                              Rulemaking Requirements                                 Management and Budget, by email to
                                                 1. Executive Orders 13563 and 12866                  Jasmeet_K._Seehra@omb.eop.gov or by                    ■ 1. The authority citation for 15 CFR
                                              direct agencies to assess all costs and                 fax to (202) 395–7285; and to the                      part 748 continues to read as follows:
                                              benefits of available regulatory                        Regulatory Policy Division, Bureau of
                                                                                                                                                               Authority: 50 U.S.C. 4601 et seq.; 50
                                              alternatives and, if regulation is                      Industry and Security, Department of                   U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
                                              necessary, to select regulatory                         Commerce, 14th Street & Pennsylvania                   3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
                                              approaches that maximize net benefits                   Avenue NW, Room 2705, Washington,                      FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
                                              (including potential economic,                          DC 20230 or by email to RPD2@                          of August 15, 2017, 82 FR 39005 (August 16,
                                              environmental, public health and safety                 bis.doc.gov.                                           2017).
                                              effects, distributive impacts, and                         3. This rule does not contain policies
                                                                                                                                                             ■  2. Supplement No. 7 to Part 748
                                              equity). Executive Order 13563                          with Federalism implications as that
                                                                                                                                                             (Authorization Validated End-User
                                              emphasizes the importance of                            term is defined in Executive Order
                                                                                                                                                             (VEU): List of Validated End-Users,
                                              quantifying both costs and benefits, of                 13132.
                                                                                                                                                             Respective Items Eligible for Export,
                                              reducing costs, of harmonizing rules,                      4. The provisions of the
                                                                                                                                                             Reexport and Transfer, and Eligible
                                              and of promoting flexibility. This rule                 Administrative Procedure Act (5 U.S.C.
                                                                                                                                                             Destinations), is amended by revising
                                              has been determined to be not                           553) requiring notice of proposed
                                                                                                                                                             the validated end-user entries for
                                              significant for purposes of Executive                   rulemaking and the opportunity for
                                                                                                                                                             ‘‘CSMC Technologies Corporation,’’
                                              Order 12866. This rule is not an                        public participation are waived for good
                                                                                                                                                             ‘‘Samsung China Semiconductor Co.
                                              Executive Order 13771 regulatory action                 cause because they are unnecessary and
                                                                                                                                                             Ltd.,’’ and ‘‘Shanghai Huahong Grace
                                              because this rule is not significant under              contrary to the public interest. (See 5
                                                                                                                                                             Semiconductor Manufacturing
                                              Executive Order 12866.                                  U.S.C. 553(b)(B)). The provision of the
                                                                                                                                                             Corporation,’’ listed under the country
                                                 2. Notwithstanding any other                         Administrative Procedure Act requiring
                                                                                                                                                             ‘‘China (People’s Republic of),’’ to read
                                              provision of law, no person is required                 a 30-day delay in effectiveness is also
                                                                                                                                                             as follows:
                                              to respond to, nor shall any person be                  waived for good cause. (5 U.S.C.
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                                              subject to a penalty for failure to comply              553(d)(3)). The changes contained in                   Supplement No. 7 to Part 748—
                                              with, a collection of information subject               this rule are non-substantive technical                Authorization Validated End-User
                                              to the requirements of the Paperwork                    corrections of a previously published                  (VEU): List of Validated End-Users,
                                              Reduction Act of 1995 (44 U.S.C. 3501                   rule that has already been exempted                    Respective Items Eligible for Export,
                                              et seq.) (PRA), unless that collection of               from notice and comment. This rule is                  Reexport and Transfer, and Eligible
                                              information displays a currently valid                  necessary to ensure clarity in the                     Destinations



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                                                                       Federal Register / Vol. 83, No. 107 / Monday, June 4, 2018 / Rules and Regulations                                                    25561

                                                                                                                     Eligible items
                                                    Country                  Validated end-user                                                            Eligible destination           Federal Register citation
                                                                                                                      (by ECCN)

                                                               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-
                                                public of)

                                                                   *                  *                      *                   *                          *                 *                    *
                                                                       CSMC Technologies Corporation      1C350.c.4, 1C350.c.12, 2B230.a,            CSMC Technologies Fab 1 Co.,     76 FR 2802, 1/18/11. 76 FR
                                                                                                            2B230.b, 2B350.f, 2B350.g,                Ltd., 14 Liangxi Road, Wuxi,      37634, 6/28/11. 77 FR 10953,
                                                                                                            2B350.h, 3B001.e, 3B001.h                 Jiangsu 214061, China.            2/24/12. 78 FR 23472, 4/19/13.
                                                                                                            (except for multilayer masks             CSMC Technologies Fab 2 Co.,       78 FR 32981, 6/3/13.
                                                                                                            with a phase shift layer de-              Ltd., 8 Xinzhou Rd., Wuxi Na-
                                                                                                            signed to produce ‘‘space quali-          tional New Hi-Tech Industrial
                                                                                                            fied’’ semiconductor devices),            Development     Zone,   Wuxi,
                                                                                                            3C002.a, and 3C004.                       Jiangsu 214028, China.

                                                                   *                *                        *                    *                         *               *                      *
                                                                       Samsung China Semiconductor        1C350.c.4, 1C350.d.10, 2B006.a,            Samsung China Semiconductor      78 FR 41291, 7/10/13. 78 FR
                                                                         Co. Ltd.                           2B006.b.1.d,             2B230,            Co., Ltd., No. 1999, North       69535, 11/20/13. 79 FR 30713,
                                                                                                            2B350.d.2,            2B350.g.3,           Xiaohe Road, Xi’an, China        5/29/14. 80 FR 11863, 3/5/15.
                                                                                                            2B350.i.3, 3A233, 3B001.a.1,               710119.
                                                                                                            3B001.b, 3B001.e, 3B001.f,
                                                                                                            3B001.h,      3C002,     3C004,
                                                                                                            3D002, and 3E001 (limited to
                                                                                                            ‘‘technology’’ for items classi-
                                                                                                            fied under 3C002 and 3C004
                                                                                                            and ‘‘technology’’ for use con-
                                                                                                            sistent with the International
                                                                                                            Technology Roadmap for Semi-
                                                                                                            conductors process for items
                                                                                                            classified under ECCNs 3B001
                                                                                                            and 3B002).
                                                                       Shanghai Huahong Grace Semi-       1C350.c.4, 1C350.d.10, 2B230,              Shanghai Huahong Grace Semi-     78 FR 32981, 6/3/13.
                                                                         conductor Manufacturing Cor-       2B350.d.2,            2B350.g.3,           conductor Manufacturing Cor-
                                                                         poration.                          2B350.i.4, 3B001.a.1, 3B001.b,             poration—HFab     2,     668
                                                                                                            3B001.e, 3B001.f, 3B001.h,                 Guoshoujing Road, Zhangjiang
                                                                                                            3C002, 3C004, 5B002, and                   Hi-Tech    Park,    Shanghai
                                                                                                            5E002 (controlled by ECCNs                 201203.
                                                                                                            5A002, 5A004, or 5A992 that              China Shanghai Huahong Grace
                                                                                                            have been successfully re-                 Semiconductor Manufacturing
                                                                                                            viewed under the encryption re-            Corporation—HFab 1, 1188
                                                                                                            view process specified in Sec-             Chuanqiao   Road,    Pudong,
                                                                                                            tions       740.17(b)(2)      or           Shanghai 201206 China.
                                                                                                            740.17(b)(3) of the EAR).                Shanghai Huahong Grace Semi-
                                                                                                                                                       conductor Manufacturing Cor-
                                                                                                                                                       poration—GFab1,         1399
                                                                                                                                                       Zuchongzhi Road, Zhangjiang
                                                                                                                                                       Hi-Tech    Park,    Shanghai
                                                                                                                                                       201203 China.

                                                                   *                     *                    *                      *                      *                     *               *



                                                Dated: May 29, 2018.                                    SUMMARY:    The Coast Guard is                               Folder on the line associated with this
                                              Karen H. Nies-Vogel,                                      temporarily changing the location of the                     rule.
                                              Director, Office of Exporter Services.                    special local regulation for the annual
                                                                                                                                                                     FOR FURTHER INFORMATION CONTACT:     If
                                              [FR Doc. 2018–11875 Filed 6–1–18; 8:45 am]                Great Western Tube Float event held on
                                                                                                                                                                     you have questions on this rule, call or
                                              BILLING CODE 3510–33–P                                    the navigable waters of the Colorado
                                                                                                                                                                     email Lieutenant Junior Grade Briana
                                                                                                        River, Parker, AZ. The change of the
                                                                                                                                                                     Biagas, Waterways Management, U.S.
                                                                                                        location for the special local regulation
                                                                                                                                                                     Coast Guard Sector San Diego, Coast
                                                                                                        is necessary to provide for the safety of
                                              DEPARTMENT OF HOMELAND                                                                                                 Guard; telephone 619–278–7656, email
                                                                                                        life on navigable waters during the
                                              SECURITY                                                  event. This action will restrict vessel                      D11MarineEventsSD@uscg.mil.

                                              Coast Guard                                               traffic in certain waters of the Colorado                    SUPPLEMENTARY INFORMATION:
                                                                                                        River, from 7 a.m. to 5 p.m. on June 9,
                                                                                                        2018, from Buckskin Mountain State                           I. Table of Abbreviations
                                              33 CFR Part 100
                                                                                                        Park to La Paz County Park.                                  CFR Code of Federal Regulations
                                              [Docket No. USCG–2018–0251]                                                                                            COTP Captain of the Port
                                                                                                        DATES: This rule is effective from 7 a.m.
                                                                                                                                                                     DHS Department of Homeland Security
                                                                                                        through 5 p.m. on June 9, 2018.
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                                              RIN 1625–AA08                                                                                                          FR Federal Register
                                                                                                        ADDRESSES:   To view documents                               LNM Local Notice to Mariners
                                              Special Local Regulation; Great                           mentioned in this preamble as being                          NPRM Notice of Proposed Rulemaking
                                              Western Tube Float; Parker, AZ                            available in the docket, go to http://                       SMIB Safety Marine Information Broadcast
                                                                                                        www.regulations.gov, type USCG–2018–                         TFR Temporary Final Rule
                                              AGENCY:    Coast Guard, DHS.
                                                                                                        0251 in the ‘‘SEARCH’’ box and click
                                              ACTION:   Temporary final rule.
                                                                                                        ‘‘SEARCH.’’ Click on Open Docket


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Document Created: 2018-06-02 00:47:39
Document Modified: 2018-06-02 00:47:39
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; correction.
DatesThis rule is effective June 4, 2018.
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 Citation83 FR 25559 
RIN Number0694-AH37
CFR AssociatedAdministrative Practice and Procedure; Exports and Reporting and Recordkeeping Requirements

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