Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-11-20.xml --- 78 224 Wednesday, November 20, 2013 Contents Administrative Administrative Conference of the United States NOTICES Meetings: Assembly of the Administrative Conference of the United States, 69640 2013-27815 Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service NOTICES Imports: Swiss Chard from Colombia, 69640-69641 2013-27703 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Generic Clearance for Customer Satisfaction Research, 69643-69644 2013-27696 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69680-69681 2013-27692 Charter Renewals: Board of Scientific Counselors, National Center for Injury Prevention and Control, 69682 2013-27712 Board of Scientific Counselors, Office of Infectious Diseases, 69682 2013-27716 Board of Scientific Counselors, Office of Public Health Preparedness and Response, 69682 2013-27715 Meetings:

Advisory Board on Radiation and Worker Health, National Institute for Occupational Safety and Health, 69682-69683 2013-27714 Board of Scientific Counselors, Office of Infectious Diseases, 69683 2013-27717 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 69683 2013-27713 Civil Rights Civil Rights Commission NOTICES Applications: State Advisory Committees, 69641-69642 2013-27817 Meetings: Hawaii Advisory Committee, 69642-69643 2013-27820 Oregon Advisory Committee, 69642 2013-27819 Tennessee Advisory Committee, 69642 2013-27818 Commerce Commerce Department See Census Bureau See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 69643 2013-27765 Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Older Americans Act Title III-E Evaluation, 69683-69684 2013-27822 Comptroller Comptroller of the Currency NOTICES Community Reinvestment Act: Interagency Questions and Answers Regarding Community Reinvestment, 69671-69680 2013-27738 Defense Department Defense Department See Navy Department RULES Privacy Act;

Implementation, 69550-69552 2013-27511 2013-27518 NOTICES Meetings: Defense Advisory Committee on Women in the Services, 69650-69651 2013-27781 Privacy Act; Systems of Records, 69651-69652 2013-27512 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department PROPOSED RULES Negotiated Rulemaking Committee: Title IV Federal Student Aid Programs, Program Integrity and Improvement; Negotiator Nominations and Schedule of Committee Meetings, 69612-69614 2013-27850 NOTICES Authorizations of Subgrants, 69656-69657 2013-27847 Employment and Training Employment and Training Administration RULES Employers Using F-1 Students in Off-Campus Work;

Attestation Process, 69538-69539 2013-27685 Facilities Using H-1A Registered Nurses; Removal of Attestation Process, 69539-69541 2013-27683 Labor Certification Process for Logging Employment and Non-H-2A Agricultural Employment, 69541-69543 2013-27693 Energy Department Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration NOTICES Meetings: Department of Energy and National Science Foundation Nuclear Science Advisory Committee, 69658 2013-27869 Environmental Management Site-Specific Advisory Board, Portsmouth, 69657 2013-27863 Secretary of Energy Advisory Board, 69657 2013-27870 Ultra-Deepwater Advisory Committee, 69658 2013-27871 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances:

Fenpropathrin, 69562-69569 2013-27680 PROPOSED RULES 2014 Standards for the Renewable Fuel Standard Program: Public Hearing, 69628 2013-27827 Air Quality State Implementation Plans; Approvals and Promulgations: New York State Ozone Implementation Plan Revision, 69625-69628 2013-27679 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Approval of State Coastal Nonpoint Pollution Control Programs, 69664-69665 2013-27830 Environmental Impact Statements;

Availability, etc.: Weekly Receipts, 69665 2013-27441 Meetings: SFIREG Full Committee, 69665-69666 2013-27825 Requests to Voluntarily Cancel Certain Pesticide Registrations, 69666-69669 2013-27823 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Economic Impact Analyses, 69669 2013-27777 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: AgustaWestland S.p.A. (Type Certificate formerly held by Agusta S.p.A.

) (Agusta) Helicopters, 69595-69597 2013-27634 Airbus Airplanes; Withdrawal, 69594-69595 2013-27839 PIAGGIO AERO INDUSTRIES S.p.A Airplanes, 69597-69602 2013-27639 2013-27837 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Airports Grants Program, 69740 2013-27688 Associate Administrator for Commercial Space Transportation Customer Service Survey, 69740-69741 2013-27682 Certification and Operations, 69741 2013-27687 Experimental Permits for Reusable Suborbital Rockets, 69741-69742 2013-27690 Meetings:

Commercial Space Transportation Advisory Committee, 69742 2013-27691 Federal Communications Federal Communications Commission PROPOSED RULES Revitalization of the AM Radio Service, 69629-69639 2013-27838 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69670 2013-27708 Federal Deposit Federal Deposit Insurance Corporation NOTICES Community Reinvestment Act: Interagency Questions and Answers Regarding Community Reinvestment, 69671-69680 2013-27738 Terminations of Receivership:

Bank of Shorewood, Shorewood, IL, 69670-69671 2013-27780 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Domtar Wisconsin Dam Corp., 69658-69659 2013-27747 Complaints: Association of Businesses Advocating Tariff Equity, et al. v. Midcontinent Independent System Operator, Inc., et al., 69660-69661 2013-27744 Chevron U.S.A., Inc. v. Kinder Morgan Louisiana Pipeline LLC, 69659-69660 2013-27749 Michael Canales v. Edison International, EIX, and Southern California Edison, 69661 2013-27743 Meetings:

Staff Attendance, 69661-69662 2013-27745 Qualifying Conduit Hydropower Facilities: Browns Valley Irrigation District, 69662-69663 2013-27746 Transfers of Exemptions: Jonathan and Jayne Chase; Troy Mills Hydroelectric Inc., 69663 2013-27748 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69742-69743 2013-27851 Environmental Impact Statements; Availability, etc.: Caddo Parish, LA, 69743-69744 2013-27788 Federal Railroad Federal Railroad Administration NOTICES Safety Advisories:

Safety and Security Plans for Class 3 Hazardous Materials Transported by Rail, 69745-69746 2013-27785 Federal Register Office Federal Register Office PROPOSED RULES Incorporation by Reference; Correction, 69594 2013-27987 Federal Register Administrative Federal Register, Administrative Committee See Federal Register Office Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 69671 2013-27786 Community Reinvestment Act:

Interagency Questions and Answers Regarding Community Reinvestment, 69671-69680 2013-27738 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 69680 2013-27787 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for the Jemez Mountains Salamander, 69569-69591 2013-27736 Food and Drug Food and Drug Administration RULES Amendments to General Regulations of the Food and Drug Administration; Technical Amendments, 69543 2013-27773 PROPOSED RULES Accreditation of Third-Party Auditors/Certification Bodies to Conduct Food Safety Audits and to Issue Certifications, 69603-69604 2013-27644 Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Human Food, 69604-69605 2013-27783 Foreign Supplier Verification Programs for Importers of Food for Humans and Animals, 69602-69603 2013-27645 Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, 69605-69606 2013-27784 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Guide to Minimize Microbial Food Safety Hazards of Fresh-Cut Fruits and Vegetables, 69684-69686 2013-27782 Hazard Analysis and Critical Control Point Procedures for the Safe and Sanitary Processing and Importing of Juice, 69689-69690 2013-27811 Procedures for the Safe and Sanitary Processing and Importing of Fish and Fishery Products, 69687-69688 2013-27775 Draft Guidance for Industry: Considerations for the Design of Early-Phase Clinical Trials of Cellular and Gene Therapy Products, 69690-69691 2013-27769 Product Name Placement, Size, and Prominence in Advertising and Promotional Labeling, 69691-69693 2013-27770 Recommendations for Premarket Notification (510(k)) Submissions for Nucleic Acid-Based Human Leukocyte Antigen Test Kits Used for Matching of Donors, etc., 69693-69694 2013-27774 Meetings:

Changing Regulatory and Reimbursement Paradigms for Medical Devices in the Treatment of Obesity and Metabolic Diseases, etc., 69694 2013-27771 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Community Living Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 69694-69699 2013-27798 2013-27802 2013-27808 2013-27836 2013-27840 Meetings: Advisory Commission on Childhood Vaccines, 69699-69700 2013-27789 National Advisory Council on Migrant Health, 69700 2013-27790 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Conditional Commitment/Statement of Appraised Value, 69704-69705 2013-27803 FHA-Insured Mortgage Loan Servicing for Performing Loans, etc., 69702-69703 2013-27801 Generic Customer Satisfaction Surveys;

Physical Inspection Pilot Program; Solicitation of Interest, 69703-69704 2013-27697 Mortgagee's Application for Partial Settlement, 69705 2013-27804 Industry Industry and Security Bureau RULES Amendments to Existing Validated End-User Authorizations in the People's Republic of China, 69535-69538 2013-27809 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Steel Nails from the People's Republic of China, 69644-69645 2013-27824 Applications for Duty Free Entry of Scientific Instruments: Ohio State University, et al., 69645-69646 2013-27831 Countervailing Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Sodium Nitrite from the People's Republic of China, 69646-69647 2013-27828 Investigations; Terminations, Modifications, Rulings, etc.: Drill Pipe from the People's Republic of China, 69647-69648 2013-27829 Meetings:

Civil Nuclear Trade Advisory Committee, 69648-69649 2013-27586 Justice Department Justice Department NOTICES Consent Decrees under the Clean Air Act and Emergency Planning and Community Right-To-Know Act, 69709 2013-27751 Labor Department Labor Department See Employment and Training Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Environmental Assessments; Availability, etc.: San Luis Resource Area, CO, 69705-69706 2013-27835 Meetings:

Southeast Oregon Resource Advisory Council, 69706-69707 2013-27841 Plats of Survey: Nevada, 69707 2013-27821 Public Lands; Temporary Closures: Recreational and Target Shooting in Hartman Rocks Recreation Area, CO, 69707-69708 2013-27848 National Archives National Archives and Records Administration See Federal Register Office National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69744-69745 2013-27805 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 69700-69701 2013-27739 Meetings: Center for Scientific Review, 69701-69702 2013-27740 2013-27741 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Reallocation of Halibut and Crab Prohibited Species Catch Allowances in the Bering Sea and Aleutian Islands Management Area, 69591-69592 2013-27779 Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 69592-69593 2013-27778 NOTICES Meetings:

Gulf of Mexico Fishery Management Council, 69649 2013-27800 North Pacific Fishery Management Council, 69649-69650 2013-27711 2013-27797 National Park National Park Service NOTICES National Register of Historic Places: Notification of Pending Nominations and Related Actions, 69708-69709 2013-27720 National Science National Science Foundation NOTICES Antarctic Conservation Act Permits, 69709-69710 2013-27678 2013-27791 2013-27792 2013-27793 Navy Navy Department RULES Privacy Act;

Implementation, 69552-69553 2013-27460 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69653 2013-27810 Environmental Impact Statements; Availability, etc.: Construction and Operation of Outlying Landing Field to Support Carrier Air Wing Aircraft at Naval Air Station Oceana and Naval Station Norfolk, VA, 69653 2013-27806 Privacy Act; Systems of Records, 69653-69656 2013-27459 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Applications:

Luminant Generation Company, LLC, 69710-69711 2013-27813 Meetings; Sunshine Act, 69711 2013-27944 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Record Requirements in the Mechanical Power Presses Standard, 69543-69550 2013-27695 PROPOSED RULES Record Requirements in the Mechanical Power Presses Standard, 69606-69612 2013-27694 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Safety Advisories: Safety and Security Plans for Class 3 Hazardous Materials Transported by Rail, 69745-69746 2013-27785 Postal Regulatory Postal Regulatory Commission NOTICES Change in Postal Rates, 69711-69713 2013-27767 Postal Service Postal Service RULES Domestic Competitive Products Pricing and Mailing Standards Changes, 69553-69562 2013-27728 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

American Education Week (Proc. 9058), 69749-69752 2013-28018 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69713-69714 2013-27762 2013-27763 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 69723-69725, 69737-69739 2013-27755 2013-27758 Financial Industry Regulatory Authority, Inc., 69728-69730, 69732-69734 2013-27756 2013-27760 International Securities Exchange, LLC, 69714-69720 2013-27752 2013-27753 Miami International Securities Exchange LLC, 69720-69723 2013-27757 NASDAQ OMX PHLX LLC, 69725-69728, 69731-69732 2013-27754 2013-27759 National Stock Exchange, Inc., 69734-69737 2013-27761 Small Business Small Business Administration NOTICES Disaster Declarations:

South Dakota, 69739-69740 2013-27737 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Prevention, 69702 2013-27663 Surface Transportation Surface Transportation Board NOTICES Continuance in Control Exemptions: Buckeye Railroad Holdings, LLC; Buckeye Hammond Railroad, LLC, and Buckeye East Chicago Railroad, LLC, 69746-69747 2013-27768 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency Veteran Affairs Veterans Affairs Department PROPOSED RULES Home Improvements and Structural Alterations Benefits Program, 69614-69625 2013-27672 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Access to Care Dialysis Pilot Survey and Interview, 69748 2013-27766 Application for Service; Disabled Veterans Insurance, 69747-69748 2013-27799 Designation of Certifying Official(s), 69747 2013-27794 Western Western Area Power Administration NOTICES Environmental Impact Statements; Availability, etc.: Interconnection of the Proposed Wilton IV Wind Energy Center Project, ND, 69664 2013-27861 Separate Parts In This Issue Part II Presidential Documents, 69749-69752 2013-28018 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 224 Wednesday, November 20, 2013 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 748 [Docket No. 130927853-3853-01] RIN 0694-AF99 Amendments to Existing Validated End-User Authorizations in the People's Republic of China AGENCY:

Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: In this rule, the Bureau of Industry and Security

(BIS)amends the Export Administration Regulations

(EAR)to revise existing authorizations for Validated End-Users

(VEUs)Samsung China Semiconductor Co. Ltd. (Samsung China), Semiconductor Manufacturing International Corporation (SMIC), SK hynix Semiconductor (China) Ltd. (SK hynix China) and SK hynix Semiconductor

(Wuxi)Ltd. (SK hynix Wuxi) (collectively “SK hynix”) in the People's Republic of China (PRC). Specifically, BIS amends Supplement No. 7 to part 748 of the EAR to add two items and remove one item from the list of eligible items for VEU Samsung China, add a facility to the list of eligible destinations and two items to the list of eligible items for VEU SMIC, and update the addresses of the facilities used by VEU SK hynix China and VEU SK hynix Wuxi. DATES: This rule is effective November 20, 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: *ERC@bis.doc.gov.* SUPPLEMENTARY INFORMATION: Background Authorization Validated End-User Validated End-Users

(VEUs)are designated entities located in eligible destinations to which eligible items may be exported, reexported, or transferred (in-country) under a general authorization instead of a license. The names of the VEUs, as well as the dates they were so designated, and their respective eligible destinations and items are identified in Supplement No. 7 to part 748 of the Export Administration Regulations (EAR). Under the terms described in that supplement, VEUs may obtain eligible items without an export license from the Bureau of Industry and Security (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 on the Commerce Control List

(CCL)(part 774 of the EAR). VEUs are reviewed and approved by the U.S. Government in accordance with the provisions of section 748.15 and Supplement Nos. 8 and 9 to part 748 of the EAR. The End-User Review Committee (ERC), composed of representatives from the Departments of State, Defense, Energy, 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. Amendments to Existing Validated End-User Authorizations in the People's Republic of China

(PRC)Revisions to the List of “Eligible Items (By ECCN)” for Validated End-User Samsung China Semiconductor Co. Ltd (Samsung China) This final rule amends Supplement No. 7 to part 748 of the EAR to add Export Control Classification Numbers (ECCNs) 2B350.i.3 and 3A233 to the list of items that may be exported, reexported or transferred (in-country) to Samsung China's facility in the PRC under Authorization VEU. BIS also removes ECCN 2B350.i.4 from Samsung China's list of approved items. BIS makes these changes pursuant to requests from Samsung China. BIS added Samsung China as a VEU in Supplement No. 7 to part 748 in a rule published in the **Federal Register** on July 10, 2013 (78 FR 41291). Eligible Items (by ECCN) That May Be Exported, Reexported or Transferred (In-Country) to the Eligible Destination Identified Under Samsung China Semiconductor Co. Ltd.'s Validated End-User Authorization ECCNs 1C350.c.3, 1C350.d.7, 2B230, 2B350.d.2, 2B350.g.3, 2B350.i.3, 3A233, 3B001.a.1, 3B001.b, 3B001.c, 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). Revisions to the List of “Eligible Destinations” and “Eligible Items (By ECCN)” for Validated End-User Semiconductor Manufacturing International Corporation

(SMIC)This final rule also amends Supplement No. 7 to part 748 of the EAR to add a facility to the list of SMIC facilities to which eligible items may be exported, reexported or transferred (in-country) using Authorization VEU, to bring the number of SMIC's VEU-authorized facilities in the PRC to a total of four. BIS also adds two ECCNs to SMIC's list of eligible items that may be sent to the four facilities. The ECCNs added in this rule to SMIC's VEU authorization are ECCNs 2B350.d.3 and 3C003. BIS makes these changes pursuant to requests from SMIC. Additional SMIC Destination Semiconductor Manufacturing International (Shenzhen) Corporation, Qier Road, Export Processing Zone, Pingshan New Area, Shenzhen, China 518118. Eligible Items (by ECCN) That May Be Exported, Reexported or Transferred (In-Country) to the Eligible Destination Identified Under Semiconductor Manufacturing International Corporation Validated End-User Authorization ECCNs 1C350.c.3, 1C350.d.7, 2B006.b.1, 2B230, 2B350.d.2, 2B350.d.3, 2B350.g.3, 2B350.i.3, 3B001.a, 3B001.b, 3B001.c, 3B001.e, 3B001.f, 3C001, 3C002, 3C003, 3C004, 5B002, and 5E002 (limited to “technology” according to the General Technology Note for the “production” of integrated circuits controlled by ECCN 5A002 that have been classified by BIS as eligible for License Exception ENC under paragraph (b)(2) or (b)(3) of section 740.17 of the EAR, or classified by BIS as a mass market item under paragraph (b)(3) of section 748.15 of the EAR). Change of Address Name of the Facility for Validated End-Users SK hynix Semiconductor (China) Ltd. and SK hynix Semiconductor

(Wuxi)Ltd. Finally, in this rule, BIS amends Supplement No. 7 to part 748 to make a technical change by updating the facility address names for existing VEUs SK hynix in the PRC. Although the actual location of the facilities for these VEUs has not changed, the technology park where the VEUs are located recently changed its name and this amendment reflects that change and also indicates the specific lot in which each VEU is located. Prior Address Name for SK hynix China Lot K7/K7-1, Export Processing Zone, Wuxi, Jiangsu, China 214028. New Address Name for SK hynix China Lot K7, Wuxi High-tech Zone Comprehensive Bonded Zone, Wuxi New District, Jiangsu Province, China 214028. Prior Address Name for SK hynix Wuxi Lot K7/K7-1, Export Processing Zone, Wuxi, Jiangsu, China 214028. New Address Name for SK hynix Wuxi Lot K7-1, Wuxi High-tech Zone Comprehensive Bonded Zone Wuxi New District, Jiangsu Province, China 214028. Authorization VEU eliminates the burden on exporters and reexporters of preparing individual license applications because the export, reexport and transfer (in-country) of the eligible items specified for each VEU may be made under general authorization instead of under individual licenses. With the addition of items for Samsung China and the addition of items and a facility for SMIC, exporters and reexporters can supply items much more quickly, thus enhancing the competitiveness of both the VEU and its suppliers of U.S-origin items. In addition, the update of the facility addresses for existing VEUs SK hynix reinforces the reliability of information that facilitates legitimate trade that exporters and reexporters conduct under Authorization VEU. 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 amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and as extended most recently by the Notice of August 8, 2013, 78 FR 49107 (August 12, 2013), has continued the EAR in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222. 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 adds an eligible destination to an existing VEU, updates the address name of two others, and makes changes to the list of eligible items for VEU Samsung and VEU SMIC. 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 the list of VEU authorizations by adding a new end user, consistent with established objectives and parameters administered and enforced by the responsible designated departmental representatives to the End-User Review Committee. Delaying this action's effectiveness could cause confusion with the new VEU status as determined by those authorized government representatives and stifle the ongoing purpose of the VEU Authorization Program. Accordingly, it is contrary to the public interest to delay this rule's effectiveness. No other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required under the APA or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) are not applicable. As a result, no final regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 748 Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. Accordingly, part 748 of the EAR (15 CFR parts 730-774) is amended as follows: PART 748—[AMENDED] 1. The authority citation for 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 8, 2013, 78 FR 49107 (August 12, 2013). 2. Amend Supplement No. 7 to part 748 by: a. Revising the Export Control Classification Numbers in the “Eligible items (by ECCN)” column for Validated End-User “Samsung China Semiconductor Co. Ltd.” in “China, (People's Republic of)”; b. Revising the list of facilities in the “Eligible destination” column and items in the “Eligible items (by ECCN)” column for Validated End-User Semiconductor Manufacturing International Corporation” in “China, (People's Republic of)”; and c. Revising the address of the facility that appears in the “Eligible destination” column for both Validated End-Users “SK hynix Semiconductor (China) Ltd.” and “SK hynix Semiconductor

(Wuxi)Ltd.” in “China, (People's Republic of)”. The revisions 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 Country Validated end-user Eligible items (by ECCN) Eligible destination Federal Register Citation Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to § 748.15(c). * * * * * * * Samsung China Semiconductor Co. Ltd 1C350.c.3, 1C350.d.7, 2B230, 2B350.d.2, 2B350.g.3, 2B350.i.3, 3A233, 3B001.a.1, 3B001.b, 3B001.c, 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) Samsung China Semiconductor Co. Ltd., Xinglong Street, Chang'an District, Xi'an, People's Republic of China 710065 78 FR 41291, 7/10/13. 78 FR [INSERT PAGE NUMBER], 11/20/2013. Semiconductor Manufacturing International Corporation 1C350.c.3, 1C350.d.7, 2B006.b.1, 2B230, 2B350.d.2, 2B350.d.3, 2B350.g.3, 2B350.i.3, 3B001.a, 3B001.b, 3B001.c, 3B001.e, 3B001.f, 3C001, 3C002, 3C003, 3C004, 5B002, and 5E002 (limited to “technology” according to the General Technology Note for the “production” of integrated circuits controlled by ECCN 5A002 that have been classified by BIS as eligible for License Exception ENC under paragraph (b)(2) or (b)(3) of section 740.17 of the EAR, or classified by BIS as a mass market item under paragraph (b)(3) of section 748.15 of the EAR) Semiconductor Manufacturing International (Shanghai) Corporation, 18 Zhang Jiang Rd., Pudong New Area, Shanghai, China 201203 Semiconductor Manufacturing International (Tianjin) Corporation, 19 Xing Hua Avenue, Xi Qing Economic Development Area, Tianjin, China 300385 Semiconductor Manufacturing International (Beijing) Corporation, No. 18 Wen Chang Road, Beijing Economic-Technological Development Area, Beijing, China 100176 Semiconductor Manufacturing International (Shenzhen) Corporation 72 FR 59164, 10/19/07. 75 FR 67029, 11/1/10. 77 FR 10953, 2/24/12. 78 FR [INSERT PAGE NUMBER], 11/20/2013. Qier Road, Export Processing Zone Pingshan New Area Shenzhen, China 518118 * * * * * * * SK hynix Semiconductor (China) Ltd 3B001.a, 3B001.b, 3B001.c, 3B001.e, and 3B001.f SK hynix Semiconductor (China) Ltd., Lot K7, Wuxi High-tech Zone, Comprehensive Bonded Zone, Wuxi New District, Jiangsu Province, China 214028 75 FR 62462, 10/12/10. 77 FR 40258, 7/9/12. 78 FR 3319, 1/16/13. 78 FR [INSERT PAGE NUMBER], 11/20/2013. SK hynix Semiconductor

(Wuxi)Ltd 3B001.a, 3B001.b, 3B001.c, 3B001.e, and 3B001.f SK hynix Semiconductor

(Wuxi)Ltd., Lot K7-1, Wuxi High-tech Zone, Comprehensive Bonded Zone, Wuxi New District, Jiangsu Province, China 214028 75 FR 62462, 10/12/10. 77 FR 40258, 7/9/12. 78 FR 3319, 1/16/13. 78 FR [INSERT PAGE NUMBER], 11/20/2013. * * * * * * * Dated: November 14, 2013. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2013-27809 Filed 11-19-13; 8:45 am]

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Traces to 10 documents