71478 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 

that meets the antenna and power 

output requirements of Class A1S, A1, 

A2, A3, B1S, or B1 equipment as 

defined in TSO–C166b and Section 2 of 

RTCA DO–260B (as referenced in TSO– 

C166b), or TSO–C166c and Section 2 of 

RTCA DO–260C as modified by DO– 

260C—Change 1 (as referenced in TSO– 

C166c). 

(2) * * * 

(i) Class A1S, A1, A2, A3, B1S, or B1 

as defined in TSO–C166b and Section 2 

of RTCA DO–260B (as referenced in 

TSO–C166b) or TSO–C166c and Section 

2 of RTCA DO–260C as modified by 

DO–260C—Change 1 (as referenced in 

TSO–C166c); or 

(ii) Class A1S, A1H, A2, A3, B1S, or 

B1 equipment as defined in TSO–C154c 

and Section 2 of RTCA DO–282B (as 

referenced in TSO–C154c), or TSO– 

C154d and Section 2 of RTCA DO–282C 

(as referenced in TSO–C154d). 

(c) * * * 

(1) * * * 

(iv) The aircraft’s SDA must be less 

than or equal to 10¥5 per flight hour; 

and 

(v) The aircraft’s SIL must be less than 

or equal to 10¥7 per flight hour or per 

sample. 

* * * * * 

(d) Minimum Broadcast Message 

Element Set for ADS–B Out. Each 

aircraft must broadcast the following 

information, as defined in TSO–C166b 

(including Section 2 of RTCA DO–260B, 

as referenced in TSO–C166b), TSO– 

C166c (including Section 2 of RTCA 

DO–260C as modified by DO–260C— 

Change 1, as referenced in TSO–C166c), 

TSO–C154c (including Section 2 of 

RTCA DO–282B, as referenced in TSO– 

C154c), or TSO–C154d (including 

Section 2 of RTCA DO–282C, as 

referenced in TSO–C154d). The pilot 

must enter information for message 

elements listed in paragraphs (d)(7) 

through (10) of this section during the 

appropriate phase of flight. 

* * * * * 

(5) An indication if a collision 

avoidance system is installed and 

operating in a mode that can generate 

resolution advisory alerts; 

(6) If an operable collision avoidance 

system is installed, an indication if a 

resolution advisory is in effect; 

(7) An indication of the Mode A 

transponder code specified by ATC; 

(8) An indication of the aircraft 

identification that is submitted on the 

flight plan or used for communicating 

with ATC, except when the pilot has not 

filed a flight plan, has not requested 

ATC services, and is using a TSO–C154c 

or TSO–C154d self-assigned temporary 

24-bit address; 

* * * * * 

(11) An indication of the aircraft 

assigned ICAO 24-bit address, except 

when the pilot has not filed a flight 

plan, has not requested ATC services, 

and is using a TSO–C154c or TSO– 

C154d self-assigned temporary 24-bit 

address; 

* * * * * 

(13) An indication of whether an 

ADS–B In capability is available; 

* * * * * 

(g) Incorporation by reference. The 

standards required in this section are 

incorporated by reference with the 

approval of the Director of the Office of 

the Federal Register under 5 U.S.C. 

552(a) and 1 CFR part 51. This 

incorporation by reference (IBR) 

material is available for inspection at 

the FAA and the National Archives and 

Records Administration (NARA). 

Contact the FAA at: Office of 

Rulemaking (ARM–1), 800 

Independence Avenue SW, Washington, 

DC 20590 (telephone 202–267–9677). 

For information on the availability of 

this material at NARA, visit 

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

ibr-locations.html or email 

fr.inspection@nara.gov. This material is 

also available from the following 

sources indicated in this paragraph (g). 

(1) U.S. Department of Transportation, 

Subsequent Distribution Office, DOT 

Warehouse M30, Ardmore East Business 

Center, 3341 Q 75th Avenue, Landover, 

MD 20785; telephone (301) 322–5377; 

website: www.faa.gov/aircraft/air_cert/ 

design_approvals/tso/ (select the link 

‘‘Search Technical Standard Orders’’). 

(i) TSO–C166b, Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz), 

December 2, 2009. 

(ii) TSO–C166c, Extended Squitter 

Automatic Dependent SurveillanceBroadcast (ADS–B) and Traffic 

Information Service-Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz), 

March 10, 2023. 

(iii) TSO–C154c, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Frequency of 978 MHz, December 2, 

2009. 

(iv) TSO–C154d, Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Equipment Operating on the 

Radio Frequency of 978 Megahertz 

(MHz), March 10, 2023. 

(2) RTCA, Inc., 1150 18th St. NW, 

Suite 910, Washington, DC 20036; 

telephone (202) 833–9339; website: 

www.rtca.org/products. 

(i) RTCA DO–260B, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 2, 2009. 

(ii) RTCA DO–260C, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 17, 

2020. 

(iii) RTCA DO–260C, Minimum 

Operational Performance Standards for 

1090 MHz Extended Squitter Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) and Traffic Information 

Services-Broadcast (TIS–B), Change 1, 

January 25, 2022. 

(iv) RTCA DO–282B, Minimum 

Operational Performance Standards for 

Universal Access Transceiver (UAT) 

Automatic Dependent SurveillanceBroadcast (ADS–B), Section 2, 

Equipment Performance Requirements 

and Test Procedures, December 2, 2009. 

(v) RTCA DO–282C, Minimum 

Operational Performance Standards 

(MOPS) for Universal Access 

Transceiver (UAT) Automatic 

Dependent Surveillance-Broadcast 

(ADS–B), Section 2, Equipment 

Performance Requirements and Test 

Procedures, June 23, 2022. 

Issued under authority provided by 49 

U.S.C. 106(f), 40103, and 44701, in 

Washington, DC. 

Polly E. Trottenberg, 

Acting Administrator. 

[FR Doc. 2023–22710 Filed 10–16–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 231010–0244] 

RIN 0694–AJ39 

Existing Validated End-User 

Authorizations in the People’s 

Republic of China: Samsung China 

Semiconductor Co. Ltd. and SK Hynix 

Semiconductor (China) Ltd. 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 71479 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to revise the existing Validated 

End-User (VEU) list for the People’s 

Republic of China (PRC) by updating the 

list of eligible items in the EAR for 

Samsung China Semiconductor Co. Ltd. 

and SK hynix Semiconductor (China) 

Ltd. In addition, this rule makes 

corresponding changes consistent with 

the scope of the amended authorizations 

for these VEUs. 

DATES: This rule is effective October 17, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Phone: 202–482–5991; 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 the 

associated eligible destinations 

(facilities) and items are identified in 

supplement no. 7 to part 748 of the 

Export Administration Regulations 

(EAR, 15 CFR parts 730–774). Pursuant 

to § 748.15 (Authorization Validated 

End-User (VEU)), eligible destinations of 

VEUs may obtain eligible items without 

the need for the VEUs’ supplier to 

obtain an export or reexport license 

from BIS. Eligible items vary among 

VEUs and may include commodities, 

software, and/or technology, except 

items controlled for missile technology 

or crime control reasons on the 

Commerce Control List (CCL) (supp. no. 

1 to 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, 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. 

Clarification to Heading of Supplement 

No. 7 to Part 748 

This rule clarifies the heading of 

supplement no. 7 to part 748 by adding 

the parenthetical ‘‘(in-country)’’ after 

the word ‘‘transfer’’ to make clear that 

the term that applies to this supplement 

is transfer (in-country) as described in 

§ 734.16 of the EAR and not the defined 

term ‘‘transfer’’ in § 772.1 of the EAR. 

Amendments to Existing VEU 

Authorizations for Samsung China 

Semiconductor Co. Ltd. and SK Hynix 

Semiconductor (China) Ltd. 

Revision to the List of Eligible Items for 

Samsung China Semiconductor Co. Ltd. 

In this rule, BIS amends supplement 

no. 7 to part 748 to revise the list of 

eligible items that may be exported, 

reexported or transferred (in-country) to 

Samsung China Semiconductor Co. Ltd. 

under Authorization VEU. Specifically, 

this rule amends the list of items 

eligible for export, reexport or transfer 

(in-country) to Samsung China 

Semiconductor Co. Ltd. under 

Authorization VEU to read: ‘‘All items 

subject to the Export Administration 

Regulations, except ‘‘extreme 

ultraviolet’’ (‘‘EUV’’) equipment and 

‘‘specially designed’’ ‘‘parts,’’ 

‘‘components,’’ ‘‘software,’’ and 

‘‘technology,’’ necessary for the 

‘‘development’’ or ‘‘production’’ of 

NAND memory. Excluded from 

§§ 744.6(c)(2)(i–iii), and 744.23(a)(1)(iii) 

and (a)(2)(iii) of the EAR. See 

§ 748.15(d).’’ 

Revisions to the List of Eligible Items for 

SK Hynix Semiconductor (China) Ltd. 

BIS also amends supplement no. 7 to 

part 748 to revise the list of items 

eligible for export, reexport or transfer 

(in-country) to SK hynix Semiconductor 

(China) Ltd. under Authorization VEU 

to read: ‘‘All items subject to the Export 

Administration Regulations, except 

‘‘extreme ultraviolet’’ (‘‘EUV’’) 

equipment and ‘‘specially designed’’ 

‘‘parts,’’ ‘‘components,’’ ‘‘software,’’ 

and’’ technology,’’ necessary for the 

‘‘development’’ or ‘‘production’’ of 

dynamic random-access memory 

(DRAM). Excluded from 

§§ 744.6(c)(2)(i–iii) and 744.23(a)(1)(iii) 

and (a)(2)(iii) of the EAR. See 

§ 748.15(d).’’ 

Amendment to § 748.15 Authorization 

Validated End-User (VEU) 

In addition to the amendments to the 

lists of eligible items discussed above, 

BIS also makes corresponding changes 

to § 748.15, consistent with the scope of 

the amended authorizations for these 

VEUs. Specifically, in this rule, BIS 

adds a new sentence after the first 

sentence of § 748.15(d) that provides an 

exclusion to the restrictions of 

§§ 744.6(c)(2)(i–iii) and 744.23(a)(1)(iii) 

and (a)(2)(iii) controls. The added 

sentence states, ‘‘This restriction does 

not apply to Validated End Users 

identified in supplement no. 7 to part 

748—Authorization Validated End-User 

(VEU) as excluded from §§ 744.6(c)(2)(i– 

iii) and 744.23(a)(1)(iii) and (a)(2)(iii).’’ 

This serves to inform exporters that 

Authorization VEU may be used to 

overcome the license requirements set 

forth in §§ 744.6(c) and 744.23(a)(1)(iii) 

and (a)(2)(iii) for identified VEUs. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (50 U.S.C. 4801–4852). ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

Rulemaking Requirements 

1. This 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 or 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 an information collection 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System. BIS 

does not anticipate a change to the 

burden hours associated with this 

collection as a result of this rule. 

Information regarding the collection, 

including all supporting materials, can 

be accessed at https://www.reginfo.gov/ 

public/do/PRAMain. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018, this 

action is exempt from the 

Administrative Procedure Act (5 U.S.C. 

553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. 

5. Because a notice of proposed 

rulemaking and an opportunity for 


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71480 Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

not applicable. Accordingly, no 

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. 4801–4852; 50 U.S.C. 

4601 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 4, 2022, 87 

FR 48077 (August 5, 2021). 

■ 2. Amend § 748.15(d) by adding a 

sentence after the first sentence to read 

as follows: 

§ 748.15 Authorization Validated End-User 

(VEU). 

* * * * * 

(d) * * * Items obtained under 

authorization VEU in China may be 

used only for civil end uses and may not 

be used for any activities described in 

part 744 of the EAR. The restrictions of 

§§ 744.6(c)(2)(i) through (iii) and 

744.23(a)(1)(iii) and (a)(2)(iii) do not 

apply to VEUs identified in supplement 

no. 7 to part 748 as excluded from 

§§ 744.6(c)(2)(i) through (iii) and 

744.23(a)(1)(iii) and (a)(2)(iii). * * * 

* * * * * 

■ 3. Amend Supplement No. 7 to part 

748 by revising the heading of the 

supplement and the entries for 

‘‘Samsung China Semiconductor Co. 

Ltd.’’ and ‘‘SK hynix Semiconductor 

(China) Ltd.’’ in ‘‘China (People’s 

Republic of)’’ 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 (In-Country), 

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.

All items subject to 

the Export Administration Regulations (EAR), except ‘‘extreme ultraviolet’’ (‘‘EUV’’) 

equipment and 

‘‘specially designed’’ ‘‘parts,’’ 

‘‘components,’’ 

‘‘software,’’ and 

‘‘technology’’ 

therefor, necessary for the 

‘‘development’’ or 

‘‘production’’ of 

NAND memory. 

Excluded from 

§§ 744.6(c)(2)(i– 

iii) and 

744.23(a)(1)(iii) 

and (a)(2)(iii) of 

the EAR. See 

§ 748.15(d).

Samsung China Semiconductor Co., 

Ltd., No. 1999, North Xiaohe Road, 

Xi’an, China 710119.

78 FR 41291, 7/10/13. 78 FR 

69535, 11/20/13. 79 FR 

30713, 5/29/14. 80 FR 

11863, 3/5/15. 88 FR [INSERT PAGE NUMBER], 

10/17/23.


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Federal Register / Vol. 88, No. 199 / Tuesday, October 17, 2023 / Rules and Regulations 71481 

Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register citation 

*******

SK hynix 

Semiconductor 

(China) Ltd.

All items subject to 

the Export Administration Regulations, except ‘‘extreme ultraviolet’’ 

(‘‘EUV’’) equipment and ‘‘specially designed’’ 

‘‘parts,’’ ‘‘components,’’ ‘‘software,’’ and ‘‘technology,’’ necessary for the 

‘‘development’’ or 

‘‘production’’ of 

dynamic randomaccess memory 

(DRAM). Excluded from 

§§ 744.6(c)(2)(i– 

iii) and 

744.23(a)(1)(iii) 

and (a)(2)(iii) of 

the EAR. See 

§ 748.15(d).

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 

69537, 11/20/13. 88 FR [INSERT PAGE NUMBER], 

10/17/23.

* * * * * * * 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2023–22873 Filed 10–13–23; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2023–0809] 

Special Local Regulations; Marine 

Events Within the Eleventh Coast 

Guard District-San Diego Fleet Week 

Veterans Day Boat Parade. 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the special local regulations on the 

waters of San Diego Bay, CA, during the 

San Diego Fleet Week Veterans Day Boat 

Parade on November 12, 2023. This 

special local regulation is necessary to 

provide for the safety of the 

participants, crew, sponsor vessels of 

the event, and general users of the 

waterway. During the enforcement 

periods, the operator of any vessel in the 

regulated area must comply with 

directions from the Patrol Commander 

or any Official Patrol displaying a Coast 

Guard ensign. 

DATES: The regulations in 33 CFR 

100.1101 for the location described in 

Item No. 17 in table 1 to § 100.1101, will 

be enforced from 8:30 a.m. until noon 

on November 12, 2023. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

notification of enforcement, call or 

email Lieutenant Junior Grade Shelley 

Turner, Waterways Management, U.S. 

Coast Guard Sector San Diego, CA; 

telephone (619) 278–7656, email 

MarineEventsSD@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the special local 

regulations in 33 CFR 100.1101 for the 

location identified in Item No. 17 in 

table 1 to § 100.1101, from 8:30 a.m. 

until noon on November 12, 2023, for 

the San Diego Fleet Week Veterans Day 

Boat Parade in San Diego Bay, CA. This 

action is being taken to provide for the 

safety of life on the navigable waterways 

during the event. Our regulation for 

recurring marine events in the San 

Diego Captain of the Port Zone, 

§ 100.1101, Item No. 17 in table 1 to 

§ 100.1101, specifies the location of the 

regulated area for the San Diego Fleet 

Week Veterans Day Boat Parade, which 

encompasses portions of San Diego Bay. 

Under the provisions of § 100.1101, 

persons and vessels are prohibited from 

entering into, transiting through, or 

anchoring within this regulated area 

unless authorized by the Captain of the 

Port, or his designated representative. 

The Coast Guard may be assisted by 

other Federal, State, or local law 

enforcement agencies in enforcing this 

regulation. 

In addition to this document in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via Local Notice to Mariners and 

marine information broadcasts. 

Dated: October 10, 2023. 

J.W. Spitler, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector San Diego. 

[FR Doc. 2023–22882 Filed 10–16–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2023–0593] 

RIN 1625–AA08 

Special Local Regulation; Lake 

Havasu, Lake Havasu City, AZ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation in 

the navigable waters of the Bridgewater 


lotter on DSK11XQN23PROD with RULES1