

[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

------------------------------------------------------------------------
                                  Eligible items (by       Eligible
       Validated end-user                ECCN)            destination
------------------------------------------------------------------------

                              * * * * * * *
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
