[Federal Register: October 31, 2007 (Volume 72, Number 210)]
[Rules and Regulations]
[Page 61512-61513]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31oc07-5]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 070817469-7596-01]
RIN 0694-AE11
Approved End-Users and Respective Eligible Items for the People's
Republic of China (PRC) Under Authorization Validated End-User (VEU);
Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) amended the Export
Administration Regulations (EAR) to list names of end-users in the
People's Republic of China (PRC) approved to receive exports, reexports
and transfers of certain items under Authorization Validated End-User
(VEU). The rule identified five specific validated end-users. This
final rule amends the EAR to correct an inadvertent omission in the
list of items approved for one of those validated end-users.
DATES: This rule is effective October 31, 2007. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE11 (VEU),
by any of the following methods:
E-mail: publiccomments@bis.doc.gov Include ``RIN 0694-AE11 (VEU)''
in the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department
of Commerce, Bureau of Industry and Security, Regulatory Policy
Division, 14th St. & Pennsylvania Avenue, NW., Room 2705, Washington,
DC 20230, Attn: RIN 0694-AE11 (VEU).
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, to David
Rostker, Office of Management and Budget (OMB), by e-mail to
David_Rostker@omb.eop.gov, or by fax to (202) 395-7285; and to the Regulatory
Policy Division, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044. Comments on this
collection of information should be submitted separately from comments
on the final rule (i.e. RIN 0694-AE11 (VEU))--all comments on the
latter should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Chairman, End-User
Review Committee, Bureau of Industry and Security, Department of
Commerce, P.O. Box 273, Washington, DC 20044; by telephone (202) 482-
6105; or by e-mail to mrithmir@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User (VEU): Initial List of Approved End-
Users, Eligible Items and Destinations: Correction of the List of
Eligible Items
Created in a final rule on June 19, 2007 (72 FR 33646),
Authorization Validated End-User (VEU) is for approved end-users
located in eligible destinations to which eligible items (commodities,
software and technology, except those controlled for missile technology
or crime control reasons) may be exported, reexported or transferred
without a license, in conformance with Section 748.15 of the EAR. As
established in the June 19 rule, the PRC is the initial destination
eligible for exports, reexports and transfers under Authorization VEU.
Authorization VEU is a mechanism to facilitate increased high-
technology exports to companies in the PRC that have a record of using
such items responsibly. VEUs will be able to obtain eligible items that
are on the Commerce Control List without having to wait for their
suppliers to obtain export licenses from BIS. A wide range of items are
eligible for Authorization VEU. In addition, Authorization VEU may be
used by foreign reexporters, and does not have an expiration date.
BIS amended Supplement No. 7 to Part 748 of the EAR to identify
five companies with 14 eligible facilities in the PRC as VEUs and to
identify the items that may be exported, reexported, or transferred to
them in a final rule published in the Federal Register on Friday,
October 19, 2007 (72 FR 59164). Also see a related Federal Register
publication on Wednesday, October 24, 2007 (72 FR 60408). The VEUs
listed in Supplement No. 7 to Part 748 were 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 October 19th
rule should have listed items controlled under Export Control
Classification Numbers (ECCNs) 3A001.a.5.a.5. and 3A001.a.5.b. in the
``Eligible Items (By ECCN)'' column of Supplement No. 7 to Part 748 of
the EAR for validated end-user National Semiconductor Corporation in
the PRC. This final rule amends the EAR to correct that inadvertent
omission in the list of items in Supplement No. 7 to Part 748 of the
EAR approved for National Semiconductor Corporation in the PRC.
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp, p. 783 (2002)), as extended
[[Page 61513]]
most recently by the Notice of August 15, 2007 (72 FR 46137, August 16,
2007), has continued the EAR in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Act, as appropriate and to the extent permitted by
law, pursuant to Executive Order 13222.
Rulemaking
1. This final rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application'', which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748; and for
recordkeeping, reporting and review requirements in connection with
Authorization Validated End-User, 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 and Office and Management
and Budget control number 0694-0088 are not expected to increase
significantly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act requiring
notice of proposed rulemaking, the opportunity for public
participation, and a delay in effective date, are inapplicable because
this regulation involves a military and foreign affairs function of the
United States (5 U.S.C. 553(a)(1)). 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. Therefore, this regulation is issued
in final form. Although there is no formal comment period, public
comments on this regulation are welcome on a continuing basis. Comments
should be submitted to Sheila Quarterman, Regulatory Policy Division,
Bureau of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044.
List of Subjects
15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 748 of the Export Administration Regulations (15 CFR
parts 730-799) 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. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR
44551 (August 7, 2006); Notice of August 15, 2007, 72 FR 46137
(August 16, 2007).
0
2. Supplement No. 7 to part 748 is amended to correct the entry for
National Semiconductor Corporation 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
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Eligible items (by Eligible
Validated end-user ECCN) destination
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* * * * * * *
National Semiconductor 3A001.a.5.a.1; National
Corporation. 3A001.a.5.a.2; Semiconductor
3A001.a.5.a.3; Hong Kong
3A001.a.5.a.4; Limited, Beijing
3A001.a.5.a.5; Representative
3A001.a.5.b. Office, Room 604,
CN Resources
Building, No. 8
Jianggumenbei A,
Beijing, China
100005.
National
Semiconductor
Hong Kong
Limited, Shanghai
Representative
Office, Room 903-
905 Central
Plaza, No. 227
Huangpi Road
North, Shanghai,
China 200003.
National
Semiconductor
Hong Kong
Limited, Shenzhen
Representative
Office, Room 1709
Di Wang
Commercial
Centre, Shung
Hing Square, 5002
Shenna Road East,
Shenzhen, China
518008.
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* * * * *
Eileen M. Albanese,
Director, Office of Exporter Services.
[FR Doc. E7-21465 Filed 10-30-07; 8:45 am]
BILLING CODE 3510-33-P