Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations 41291 

controlled airspace at Elbow Lake 

Municipal—Pride of the Prairie Airport, 

Elbow Lake, MN. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E. O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR part 71.1 of the Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005: Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

AGL MN E5 Elbow Lake, MN [New] 

Elbow Lake Municipal–Pride of the Prairie 

Airport, MN 

(Lat. 45°59′05′′ N., long. 95°59′31′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of Elbow Lake Municipal–Pride of the 

Prairie Airport. 

Issued in Fort Worth, Texas, on June 24, 

2013. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2013–16444 Filed 7–9–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 130611539–3539–01] 

RIN 0694–AF93 

Additions to the List of Validated EndUsers in the People’s Republic of 

China: Samsung China Semiconductor 

Co. Ltd. and Advanced MicroFabrication Equipment, Inc., 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 to 

add two end-users in the People’s 

Republic of China to the list of 

Validated End-Users (VEU). 

Specifically, BIS amends Supplement 

No. 7 to part 748 of the EAR to add 

Samsung China Semiconductor Co. Ltd. 

(Samsung China) and Advanced MicroFabrication Equipment, Inc., China 

(AMEC) as VEUs. With this rule, 

exports, reexports and transfers (incountry) of certain items to one 

Samsung China facility and one AMEC 

facility are now authorized under 

Authorization VEU. 

DATES: This rule is effective July 10, 

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 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 Export 

Administration Regulations (EAR) in a 

final rule published on June 19, 2007 

(72 FR 33646) to create Authorization 

VEU. 

Addition to the List of Validated EndUser Authorizations in the People’s 

Republic of China (PRC) 

Addition of Samsung China 

Semiconductor Co. Ltd. to the List of 

Validated End-Users in the PRC and Its 

‘‘Eligible Destinations’’ and ‘‘Eligible 

Items (By ECCN)’’ 

This final rule amends Supplement 

No. 7 to part 748 of the EAR to add 

Samsung China Semiconductor Co. Ltd. 

(Samsung China) as a VEU, and to 

identify its eligible facility and the items 

that may be exported, reexported or 

transferred (in-country) to Samsung 

China under Authorization VEU, 

effective the date of this rule. The names 

and addresses of this newly-appointed 

VEU and its eligible end-user are as 

follows: 

Validated End-User: 

Samsung China Semiconductor Co. 

Ltd., City Gate #1, Jinye Road, 

Xi’an, People’s Republic of China 

710065. 

Eligible Destination: 

Samsung China Semiconductor Co. 

Ltd., Xinglong Street, Chang’an 

District, Xi’an, People’s Republic of 

China 710065. 

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: 

Export Control Classification 

Numbers (ECCNs) 1C350.c.3, 

1C350.d.7, 2B230, 2B350.d.2, 

2B350.g.3, 2B350.i.4, 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 


TKELLEY on DSK3SPTVN1PROD with RULES
41292 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations 

Semiconductors process for items 

classified under ECCNs 3B001 and 

3B002). 

Addition of Advanced MicroFabrication Equipment, Inc., China to 

the List of Validated End-Users in the 

PRC and Its ‘‘Eligible Destinations’’ and 

‘‘Eligible Items (By ECCN)’’ 

This final rule also amends 

Supplement No. 7 to part 748 of the 

EAR to add Advanced MicroFabrication Equipment, Inc., China 

(AMEC) as a VEU, and to identify its 

eligible facility and the items that may 

be exported, reexported or transferred 

(in-country) to AMEC under 

Authorization VEU, effective the date of 

this rule. The names and addresses of 

this newly-appointed VEU and its 

eligible end-user are as follows: 

Validated End-User: 

Advanced Micro-Fabrication 

Equipment, Inc., China, 188 Taihua 

Road, Jinqiao Export Processing 

Zone (South Area), Pudong, 

Shanghai 201201, China. 

Eligible Destination: 

Advanced Micro-Fabrication 

Equipment, Inc., China, 188 Taihua 

Road, Jinqiao Export Processing 

Zone (South Area), Pudong, 

Shanghai 201201, China. 

Eligible Items (by ECCN) That May Be 

Exported, Reexported or Transferred 

(In-Country) to the Eligible Destination 

Identified Under Advanced MicroFabrication Equipment, Inc. Validated 

End-User Authorization 

Export Control Classification 

Numbers (ECCNs) 2B230, 3B001.c and 

3B001.e (items classified under ECCNs 

3B001.c and 3B001.e are limited to 

components and accessories). 

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 

Samsung China and AMEC as VEUs, 

exporters and reexporters can supply 

Samsung China and AMEC much more 

quickly, thus enhancing the 

competitiveness of both the VEU and its 

suppliers of U.S-origin items. 

To ensure appropriate facilitation of 

exports and reexports, on-site reviews of 

VEUs, including Samsung China and 

AMEC, may be warranted pursuant to 

Section 748.15(f)(2) of the EAR and 

Section 7(iv) of Supplement No. 8 to 

part 748 of the EAR. If such a review is 

warranted, BIS will inform the PRC 

Ministry of Commerce. 

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 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 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. 

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 

merely adds to the list of VEUs and the 

respective eligible items and 

destinations 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 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Rules and Regulations 41293 

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 two new endusers 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. 

Dated: July 3, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

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. Amend Supplement No. 7 to part 

748 to add in alphabetical order entries 

for ‘‘Advanced Micro-Fabrication 

Equipment, Inc., China’’ and ‘‘Samsung 

China Semiconductor Co. 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, 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). 

*******

Advanced MicroFabrication Equipment, Inc., China.2B230, 3B001.c and 3B001.e (items classified under ECCNs 3B001.c and 

3B001.e are limited to components and 

accessories).

Advanced Micro-Fabrication Equipment, 

Inc., China, 188 Taihua Road, Jinqiao 

Export Processing Zone (South Area), 

Pudong, Shanghai 201201, China.

78 FR [INSERT 

PAGE NUMBER], 

7/10/13. 

* * * * * * * 

Samsung China 

Semiconductor 

Co. Ltd.

1C350.c.3, 1C350.d.7, 2B230, 2B350.d.2, 

2B350.g.3, 2B350.i.4, 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 [INSERT 

PAGE NUMBER], 

7/10/13. 

* * * * * * * 

[FR Doc. 2013–16525 Filed 7–9–13; 8:45 am] 

BILLING CODE 3510–33–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 803 

RIN 3084–AA91 

Premerger Notification; Reporting and 

Waiting Period Requirements 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is amending 

the premerger notification rules (‘‘the 

Rules’’) to provide a framework for the 

withdrawal of a premerger notification 

filing under the Hart Scott Rodino Act 

(‘‘the Act’’ or ‘‘HSR’’). The Act and 

Rules require the parties to certain 

mergers and acquisitions to file reports 

with the Federal Trade Commission 

(‘‘the Commission’’) and the Assistant 

Attorney General in charge of the 

Antitrust Division of the Department of 

Justice (‘‘the Assistant Attorney 

General’’) (collectively, ‘‘the Agencies’’) 

and to wait a specified period of time 

before consummating such transactions. 

The reporting and waiting period 

requirements are intended to enable 

these enforcement agencies to determine 

whether a proposed merger or 

acquisition may violate the antitrust 

laws if consummated and, when 

appropriate, to obtain effective 

preliminary relief in federal court to 

prevent consummation. This final 

rulemaking sets forth the procedure for 

voluntarily withdrawing an HSR filing, 

establishes when an HSR filing will be 


TKELLEY on DSK3SPTVN1PROD with RULES