[Federal Register Volume 78, Number 76 (Friday, April 19, 2013)]
[Rules and Regulations]
[Pages 23472-23474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09289]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 130322279-3279-01]
RIN 0694-AF90
Amendments to Existing Validated End-User Authorizations: CSMC
Technologies Corporation in the People's Republic of China (PRC)
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
Authorization Validated End-User (VEU) listing for CSMC Technologies
Corporation (CSMC) in the People's Republic of China (PRC).
Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to
update VEU CSMC's current list of ``eligible destinations.''
DATES: This rule is effective April 19, 2013.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chair, End-User
Review Committee, Bureau of Industry and Security, U.S. Department of
Commerce, 14th Street & Pennsylvania Avenue NW., Washington, DC 20230;
by telephone: (202) 482-5991, fax: (202) 482-3991, or email:
[email protected].
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User
Validated end-users (VEUs) are designated entities located in
eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) under a general authorization
instead of a license. The names of the VEUs, as well as the date they
were so designated, and their respective eligible destinations and
items are identified in Supplement No. 7 to part 748 of the EAR. Under
the terms described in that supplement, VEUs may obtain eligible items
without an export license from BIS, in conformity with Section 748.15
of the EAR. Eligible items vary between VEUs but may include
commodities, software, and technology, except those controlled for
missile technology or crime control reasons.
VEUs are reviewed and approved by the U.S. Government in accordance
with the provisions of Section 748.15 and Supplement Nos. 8 and 9 to
part 748 of the EAR. The End-User Review Committee (ERC), composed of
representatives from the Departments of State, Defense, Energy and
Commerce, and other agencies, as appropriate, is responsible for
administering the VEU program. BIS amended the EAR in a final rule
published on June 19, 2007 (72 FR 33646) to create Authorization VEU.
Amendment to an Existing Validated End-User Authorization in the PRC
Revisions to the List of Eligible Destinations and Postal Code for CSMC
Technologies Corporation
In this rule, BIS amends Supplement No. 7 to part 748 of the EAR to
amend CSMC's current list of eligible destinations. Specifically, BIS
removes Wuxi CR Semiconductor Wafers and Chips Co., Ltd. from CSMC's
list of eligible destinations. BIS is not making this change in
response to activities of concern. Rather, BIS is making this change to
CSMC's list of VEU-eligible destinations as a result of the merger of
Wuxi CR Semiconductor Wafers & Chips Co., Ltd. and CSMC Technologies
Fab 1 Co., Ltd., which is also listed as one of CSMC's eligible
destinations. In addition, BIS amends CSMC's authorization by updating
the postal code for one of CSMC's eligible destinations.
Names and Former Addresses of Facilities
Validated End-User: CSMC Technologies Corporation.
Eligible Destinations:
CSMC Technologies Fab 1 Co., Ltd., 14 Liangxi Road, Wuxi, Jiangsu
214061, China.
CSMC Technologies Fab 2 Co., Ltd., 8 Xinzhou Rd., Wuxi National New Hi-
Tech Industrial Development Zone, Wuxi, Jiangsu 214061, China.
Wuxi CR Semiconductor, Wafers and Chips Co., Ltd., 14 Liangxi Road,
Wuxi, Jiangsu 214061, China.
Names and Updated Addresses of Facilities
Validated End-User: CSMC Technologies Corporation.
Eligible Destinations:
CSMC Technologies Fab 1 Co., Ltd., 14 Liangxi Road, Wuxi, Jiangsu
214061, China.
CSMC Technologies Fab 2 Co., Ltd., 8 Xinzhou Road, Wuxi National New
Hi-Tech Industrial Development Zone, Wuxi, Jiangsu 214028, China.
Since August 21, 2001, the Export Administration Act (the 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 most
recently by the Notice of August 15, 2012, 77 FR 49699 (August 16,
2012), 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.
[[Page 23473]]
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 simply updates the eligible destinations of the named end-
user and a portion of their addresses. These changes have been made
within the established regulatory framework of the Authorization VEU
program. Further, this rule does not abridge the rights of the public
or eliminate the public's option to export under any of the forms of
authorization set forth in the EAR.
Publication of this rule in other than final form is unnecessary
because the authorizations granted in the rule are consistent with the
authorizations granted to exporters for individual licenses (and
amendments or revisions thereof), which do not undergo public review.
In addition, as with license applications, VEU authorization
applications contain confidential business information, which is
necessary for the extensive review conducted by the U.S. Government in
assessing such applications. This information is extensively reviewed
according to the criteria for VEU authorizations, as set out in 15 CFR
748.15(a)(2). Additionally, just as the interagency reviews license
applications, the authorizations granted under the VEU program involve
interagency deliberation and result from review of public and non-
public sources, including licensing data, and the measurement of such
information against the VEU authorization criteria. Given the nature of
the review, and in light of the parallels between the VEU application
review process and the review of license applications, public comment
on this authorization and subsequent amendments prior to publication is
unnecessary. Moreover, because, as noted above, the criteria and
process for authorizing and administering VEUs were developed with
public comments, allowing additional public comment on this amendment
to individual VEU authorizations, which was determined according to
those criteria, is unnecessary.
Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3) because the delay would be
contrary to the public interest. BIS is simply amending a VEU
authorization by updating the ``eligible destinations'' of the named
end-user and a single postal code. Delaying this action's effectiveness
could cause confusion with the VEU status of the list of companies
identified in this rule due to the changes made to that list.
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 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 15, 2012, 77
FR 49699 (August 16, 2012).
0
2. Supplement No. 7 to part 748 is amended by revising the entry for
``CSMC Technologies Corporation'' in ``China (People's Republic of)''
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 23474]]
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Eligible items (by Federal Register
Country Validated end user ECCN) Eligible destination citation
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* * * * * * *
CSMC Technologies 1C350.c.3, CSMC Technologies 76 FR 2802, 1/18/11.
Corporation. 1C350.c.11, 2B230.a, Fab 1 Co., Ltd., 14 76 FR 37634, 6/28/
2B230.b, 2B350.f, Liangxi Road, Wuxi, 11.
2B350.g, 2B350.h, Jiangsu 214061, 77 FR 10953, 2/24/
3B001.c.1.a, China. 12.
3B001.c.2.a, CSMC Technologies 78 FR [INSERT FR
3B001.e, 3B001.h Fab 2 Co., Ltd., 8 PAGE NUMBER] 4/19/
(except for Xinzhou Rd. Wuxi 13.
multilayer masks National New Hi-
with a phase shift Tech Industrial
layer designed to Development Zone,
produce ``space Wuxi, Jiangsu
qualified'' 214028, China.
semiconductor
devices), 3C002.a,
and 3C004.
* * * * * * *
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Dated: April 15, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-09289 Filed 4-18-13; 8:45 am]
BILLING CODE 3510-33-P