23472 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations 

may review copies of the referenced service 

information at the FAA, Transport Airplane 

Directorate, 1601 Lind Avenue SW., Renton, 

Washington 985057–3356. For information 

on the availability of this material at the 

FAA, call 425–227–1221 

(p) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(3) The following service information was 

approved for IBR on May 24, 2013. 

(i) Boeing Service Bulletin 777–55A0015, 

Revision 3, dated November 24, 2009. 

(ii) Boeing Alert Service Bulletin 777– 

55A0016, Revision 1, dated August 25, 2011. 

(4) The following service information was 

approved for IBR on January 22, 2008 (72 FR 

71212, December 17, 2007). 

(i) Boeing Alert Service Bulletin 777– 

55A0015, dated April 19, 2007. 

(ii) Reserved. 

(5) For Boeing service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data & 

Services Management, P.O. Box 3707, MC 

2H–65, Seattle, WA 98124–2207; telephone 

206–544–5000, extension 1; fax 206–766– 

5680; Internet https:// 

www.myboeingfleet.com. 

(6) You may view this service information 

at FAA, 1601 Lind Avenue SW., Renton, 

Washington. For information on the 

availability of this material at the FAA, call 

425–227–1221. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http:// 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on April 2, 

2013. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2013–08742 Filed 4–18–13; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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: 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 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 HiTech 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. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations 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, ‘‘MultiPurpose 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] 

■ 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). 

■ 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 


emcdonald on DSK67QTVN1PROD with RULES
23474 Federal Register / Vol. 78, No. 76 / Friday, April 19, 2013 / Rules and Regulations 

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

*******

CSMC Technologies Corporation.1C350.c.3, 1C350.c.11, 

2B230.a, 2B230.b, 2B350.f, 

2B350.g, 2B350.h, 

3B001.c.1.a, 3B001.c.2.a, 

3B001.e, 3B001.h (except 

for multilayer masks with a 

phase shift layer designed 

to produce ‘‘space qualified’’ semiconductor devices), 3C002.a, and 3C004.

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 

214028, China.

76 FR 2802, 1/18/11. 

76 FR 37634, 6/28/11. 

77 FR 10953, 2/24/12. 

78 FR [INSERT FR PAGE 

NUMBER] 4/19/13. 

* * * * * * * 

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 

INTERNATIONAL TRADE 

COMMISSION 

19 CFR Parts 201 and 210 

[Docket No. MISC–040] 

Rules of General Application and 

Adjudication and Enforcement 

AGENCY: International Trade 

Commission. 

ACTION: Final rule. 

SUMMARY: The United States 

International Trade Commission 

(‘‘Commission’’) amends its Rules of 

Practice and Procedure concerning rules 

of general application, adjudication, and 

enforcement. The amendments are 

necessary to make certain technical 

corrections, to clarify certain provisions, 

to harmonize different parts of the 

Commission’s rules, and to address 

concerns that have arisen in 

Commission practice. 

DATES: This regulation is effective May 

20, 2013. 

FOR FURTHER INFORMATION CONTACT: 

James Worth, Office of the General 

Counsel, United States International 

Trade Commission, telephone 202–205– 

3065. Hearing-impaired individuals are 

advised that information on this matter 

can be obtained by contacting the 

Commission’s TDD terminal at 202– 

205–1810. General information 

concerning the Commission may also be 

obtained by accessing its Internet server 

at http://www.usitc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 335 of the Tariff Act of 1930 

(19 U.S.C. 1335) authorizes the 

Commission to adopt such reasonable 

procedures, rules, and regulations as it 

deems necessary to carry out its 

functions and duties. This rulemaking 

seeks to update certain outdated 

provisions and improve other 

provisions of the Commission’s existing 

Rules of Practice and Procedure. The 

Commission is amending its Part 201 

rules of general application and Part 210 

rules covering investigations under 

section 337 of the Tariff Act of 1930 (19 

U.S.C. 1337) (‘‘section 337’’) in order to 

increase the efficiency of its section 337 

investigations. The Commission 

published a notice of proposed 

rulemaking (NOPR) in the Federal 

Register at 77 FR 41120 (July 12, 2012), 

proposing to amend the Commission’s 

Rules of Practice and Procedure to make 

certain changes to rules of general 

application, adjudication, and 

enforcement. 

Although the Commission considers 

these rules to be procedural rules which 

are excepted from notice-and-comment 

under 5 U.S.C. 553(b)(3)(A), the 

Commission invited the public to 

comment on all the proposed rules 

amendments. The NOPR requested 

public comment on the proposed rules 

within 60 days of publication of the 

NOPR. Subsequently, in response to 

requests to file comments outside the 60 

days, the Commission by letter granted 

extensions of up to two weeks to the ITC 

Trial Lawyers Association (‘‘the ITC 

TLA’’), the American Intellectual 

Property Law Association (‘‘AIPLA’’), 

and Innovation Alliance. The 

Commission received a total of 8 sets of 

comments, one each from the American 

Bar Association, Section of Intellectual 

Property Law (‘‘the ABA’’); AIPLA; the 

law firm of Adduci, Mastriani & 

Schaumberg LLP (‘‘AMS’’); Broadcom; 

Cisco; Innovation Alliance; the 

Intellectual Property Owners 

Association (‘‘IPO’’); and the ITC TLA. 

The Commission carefully considered 

all comments received. The 

Commission’s response is provided 

below in a section-by-section analysis. 

The Commission appreciates the time 

and effort the commentators devoted to 

provide comments on the NOPR. 

Regulatory Analysis of Proposed 

Amendments to the Commission’s Rules 

The Commission has determined that 

the final rules do not meet the criteria 

described in section 3(f) of Executive 

Order 12866 (58 FR 51735, Oct. 4, 1993) 

and thus do not constitute a significant 

regulatory action for purposes of the 

Executive Order. 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) is inapplicable to this 

rulemaking because it is not one for 

which a notice of proposed rulemaking 

was required under 5 U.S.C. 553(b) or 

any other statute. Although the 

Commission chose to publish a notice of 

proposed rulemaking, these regulations 

are ‘‘agency rules of procedure and 

practice,’’ and thus are exempt from the 

notice requirement imposed by 5 U.S.C. 

553(b). 

These final rules do not contain 

federalism implications warranting the 

preparation of a federalism summary 

impact statement pursuant to Executive 

Order 13132 (64 FR 43255, Aug. 4, 

1999). 

No actions are necessary under the 

Unfunded Mandates Reform Act of 1995 

(2 U.S.C. 1501 et seq.) because the final 

rules will not result in expenditure in 

the aggregate by state, local, and tribal 

governments, or by the private sector, of 

$100,000,000 or more in any one year, 

and will not significantly or uniquely 

affect small governments, as defined in 

5 U.S.C. 601(5). 

The final rules are not major rules as 

defined by section 804 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (5 U.S.C. 801 et 

seq.). Moreover, they are exempt from 


emcdonald on DSK67QTVN1PROD with RULES