Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 3319 

U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

12947, 60 FR 5079, 3 CFR, 1995 Comp., p. 

356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 

Comp., p. 228; E.O. 13099, 63 FR 45167, 3 

CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 

786; Notice of January 19, 2012, 77 FR 3067 

(January 20, 2012) Notice of August 15, 2012, 

77 FR 49699 (August 16, 2012); Notice of 

September 11, 2012, 77 FR 56519 

(September, 12, 2012); Notice of November 1, 

2012, 77 FR 66513 (November 5, 2012). 

■ 2. Supplement No. 4 to part 744 is 

amended: 

■ a. By removing under Finland the 

Finnish entity ‘‘Olkerboy Oy/Nurminen 

Oy’’, and adding in alphabetical order, 

one Finnish entity for Olkebor Oy/ 

Nurminen Oy’’; 

■ b. By removing under France, the two 

French entities: ‘‘Laurence Mattiucci, 8 

Rue de la Bruyere, 31120 Pinsaguel, 

Toulouse, France.’’ and ‘‘Toulouse Air 

Spares SAS, 8 Rue de la Bruyere, 31120 

Pinsaguel, Toulouse, France.’’; 

■ c. By removing under Russia, the 

Russian entity: ‘‘Bolshaya 

Semenovskaya, 40/505, Moscow, Russia 

107023; and Ulitsa Metallurgov, 29, Str. 

1, Komnata Pravleni, Moscow, Russia 

111401.’’; and 

■ d. By removing under United Arab 

Emirates, the two Emirati entities: 

‘‘Abubakr Abuelazm, Dubai, U.A.E., 

500100.’’ and ‘‘Advanced Technology 

General Trading Company, a.k.a, 

Advanced Technologies Emirates FZ– 

LLC, Office #124 1st Floor, Building #3, 

Dell Building, Sheikh Zayed Road, 

Dubai Internet City, Dubai, U.A.E.’’ 

The addition reads as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License requirement License review policy Federal Register citation 

*******

FINLAND

* * * * * * * 

Olkebor Oy/Nurminen Oy, 

231B Vanha Porvoontie, 

Vantaa, Finland 01380.

For all items subject to the 

EAR. (See § 744.11 of the 

EAR).

Presumption of denial ........... 77 FR 61256, 10/9/2012. 78 

FR [INSERT FR PAGE 

NUMBER] 1/16/13. 

* * * * * * * 

Dated: January 10, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–00767 Filed 1–15–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 121220730–2730–01] 

RIN 0694–AF84 

Amendments to Existing Validated End 

User Authorizations: Advanced Micro 

Devices China, Inc., Lam Research 

Corporation, SK hynix Semiconductor 

(China) Ltd., and SK hynix 

Semiconductor (Wuxi) Ltd. in the 

People’s Republic of China; 

Clarification of Scope of Entries in 

Supplement 

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) listings for four VEUs in the 

People’s Republic of China (PRC). 

Specifically, BIS amends Supplement 

No. 7 to part 748 of the EAR to update 

VEU Advanced Micro Devices China 

Inc.’s (AMD China) current list of 

eligible destinations. BIS also amends 

the authorization of VEU Lam Research 

Corporation (Lam) by updating the 

addresses of ten eligible destinations 

and reformatting the list of Lam’s 

existing eligible destinations into groups 

associated with specific eligible items. 

BIS also updates the EAR to amend the 

addresses and lists of eligible items for 

VEUs SK hynix Semiconductor (China) 

Ltd. and SK hynix Semiconductor 

(Wuxi) Ltd. Finally, BIS amends 

Supplement No. 7 to part 748 of the 

EAR to include language reminding 

exporters that the language in the 

Supplement does not supersede other 

requirements in the EAR. 

These amendments to the 

authorizations of the named VEUs are 

not the result of activities of concern. 

The respective changes were prompted 

by factors arising from the companies’ 

normal course of business or are being 

done at the request of the companies. 

DATES: This rule is effective January 16, 

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. Eligible 

items 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 on June 19, 2007 (72 FR 

33646) to create Authorization VEU. 


srobinson on DSK4SPTVN1PROD with 
3320 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 

Amendment to Existing Validated EndUser Authorizations in the PRC 

Revisions to the List of Eligible 

Destinations for Advanced Micro 

Devices China, Inc. 

In this rule, BIS amends Supplement 

No. 7 to part 748 of the EAR to update 

two eligible destinations for Advanced 

Micro Devices China, Inc.’s (AMD 

China). Specifically, BIS updates the 

address of Advanced Micro Devices 

(Shanghai) Co., Ltd. by adding the 

country name to the address, and the 

address of AMD Technology 

Development (Beijing) Co., Ltd. by 

removing the floor designation in the 

address. 

Names and Former Addresses of 

Facilities 

AMD Technologies (China) Co., Ltd., 

No. 88, Su Tong Road, Suzhou, China 

215021. 

Advanced Micro Devices (Shanghai) 

Co., Ltd., Buildings 46, 47, 48 & 49, 

River Front Harbor, Zhangjiang HiTech Park 1387 Zhangdong Rd., 

Pudong, Shanghai, 201203. 

AMD Technology Development (Beijing) 

Co., Ltd., 18F, North and South 

Buildings, RaycomInfotech Park 

Tower C, No. 2 Science Institute 

South Rd., Zhong Guan Cun, Haidian 

District, Beijing, China 100190. 

Names and Current Addresses of 

Facilities 

AMD Technologies (China) Co., Ltd., 

No. 88, Su Tong Road, Suzhou, China 

215021. 

Advanced Micro Devices (Shanghai) 

Co., Ltd., Buildings 46, 47, 48 & 49, 

River Front Harbor, Zhangjiang HiTech Park, 1387 Zhangdong Rd., 

Pudong, Shanghai, China 201203. 

AMD Technology Development (Beijing) 

Co., Ltd., North and South Buildings, 

RaycomInfotech Park Tower C, No. 2 

Science Institute South Rd., Zhong 

Guan Cun, Haidian District, Beijing, 

China 100190. 

In addition, BIS adds a new eligible 

destination, AMD Products (China) Co. 

Ltd., to AMD’s current list of eligible 

destinations in the PRC, as follows: 

Additional Eligible Destination 

AMD Products (China) Co. Ltd., North 

and South Buildings, RaycomInfotech 

Park Tower C, No. 2 Science Institute 

South Rd., Zhong Guan Cun, Haidian 

District, Beijing, China 100190. 

Revisions to the List of Eligible 

Destinations and the List of Eligible 

Items (by ECCN) for Lam Research 

Corporation 

In this rule, BIS amends Supplement 

No. 7 to part 748 to revise the eligible 

destinations and eligible items 

authorized for VEU Lam Research 

Corporation (Lam). Specifically, BIS 

updates the addresses of ten of Lam’s 

existing eligible destinations and 

reformats Lam’s existing eligible 

destinations into two groups, each with 

distinct lists of eligible items. The 

specific changes to Lam’s authorization 

are as follows: 

Names and Former Addresses of 

Facilities 

Lam Research (Shanghai) Service Co., 

1st Floor, Area C, Hua Hong Science 

& Technology Park, 177 Bi Bo Road, 

Zhangjiang Hi-Tech Park, Pudong, 

Shanghai, China 201203. 

Lam Research Shanghai Co., Ltd., No. 1 

Jilong Rd., Room 424–2, Waigaoqiao 

Free Trade Zone, Shanghai, China 

200131. 

Lam Research International Sarl (Lam 

Shanghai Warehouse), c/o HMG 

Supply Chain (Shanghai) Co., Ltd., 

No. 3869, Longdong Avenue, Pudong 

New District, Shanghai, China 

201203. 

Lam Research International Sarl (Lam 

Shanghai Warehouse; WGQ Bonded 

Warehouse), c/o HMG Supply Chain 

(Shanghai) Co., Ltd., No. 3869, 

Longdong Avenue, Pudong New 

District, Shanghai, China 200131. 

Lam Research Service Co., Ltd. (Beijing 

Branch), Rm 1010, Zhaolin Building, 

No. 15 Rong Hua Zhong Road, BDA, 

Beijing, China 100176. 

Lam Research International Sarl (Lam 

Beijing Warehouse), Beijing Lam 

Electronics Tech Center, No. 8 

Building, No.1, Disheng North Street, 

BDA, Beijing, China 100176. 

Lam Research Service Co., Ltd., Wuxi 

Representative Office, Singapore 

International Park, 6 #302, No. 89 

Xing Chuang, 4 Road, New District, 

Wuxi, Jiangsu, China 214028. 

Lam Research International Sarl (Wuxi 

EPZ Bonded Warehouse), c/o HMG 

WHL Logistic (Wuxi) Co., Ltd., F1, 

Area 4, No. 1, Plot J3, No. 5 Gaolang 

East Road, Export Processing Zone, 

Wuxi, China 214028. 

Lam Research Service Co., Ltd., Wuhan 

Representative Office, No. 1 

Guanshan Road, Donghu 

Development Zone, Room E4–302, 

Optical Valley Software Park, Wuhan, 

Hubei, China 430074. 

Lam Research Semiconductor (Suzhou) 

Co., Ltd. (Suzhou), A Division of Lam 

Research International Sarl, A–2 

Building, Export Processing Zone, 

Suzhou New District, Jiangsu 

Province, China 215151. 

Lam Research International Sarl (Lam 

Beijing Warehouse), Building 3, No. 9 

Ke Chuang Er Street, Beijing 

Economic Technology Development 

Zone, Beijing, China 100176. 

Lam Research International Sarl (Wuhan 

TSS), c/o HMG Wuhan Logistic Co., 

Ltd., 1st—2nd Floor, No. 5 Building, 

Hua Shi Yuan Er Road, Optical Valley 

Industry Park, East-lake Hi-Tech 

Development Zone, Wuhan City, 

Hubei Province, China 430223. 

Names and Current Addresses of 

Facilities 

Lam Research Service Co., Ltd., 1st 

Floor, Area C, Hua Hong Science & 

Technology Park, 177 Bi Bo Road, 

Zhangjiang Hi-Tech Park, Pudong, 

Shanghai, China 201203. 

Lam Research (Shanghai) Co., Ltd., No. 

1 Jilong Rd., Room 424–2, Waigaoqiao 

Free Trade Zone, Shanghai, China 

200131. 

Lam Research Service Co., Ltd. (Beijing 

Branch), Rm 1010, Zhaolin Building, 

No. 15 Rong Hua Zhong Road, Beijing 

Economic & Technological 

Development Area, Beijing, China 

100176. 

Lam Research International Sarl (Lam 

Beijing Warehouse), c/o Beijing Lam 

Electronics Tech Center, No. 8 

Building, No. 1, Disheng North Street, 

Beijing Economic & Technological 

Development Area, Beijing, China 

100176. 

Lam Research Service Co., Ltd., Wuxi 

Representative Office, Room 302, 

Building 6, Singapore International 

Park, No. 89 Xing Chuang Si Road, 

Wuxi New District, Wuxi, Jiangsu, 

China 214028. 

Lam Research International Sarl (Wuxi 

EPZ Bonded Warehouse), c/o HMG 

WHL Logistic (Wuxi) Co., Ltd., 1st Fl, 

Area 4, No. 1, Plot J3, No. 5 Gaolang 

East Road, Export Processing Zone, 

Wuxi, China 214028. 

Lam Research Service Co., Ltd., Wuhan 

Representative Office, Room 302, 

Guanggu Software Park Building E4, 

No. 1 Guanshan Road, Donghu 

Development Zone, Wuhan, Hubei 

Province, China 430074. 

Lam Research International Sarl (Lam 

Beijing Warehouse), c/o HMG Hi-tech 

Logistics (Beijing) Co., Ltd., Building 

3, No. 9 Ke Chuang Er Street, Beijing 

Economic Technological 

Development Area, Beijing, China 

100176. 

Lam Research International Sarl (Wuhan 

TSS), c/o HMG Wuhan Logistic Co., 

Ltd., 1st—2nd Floor, Area B, No. 5 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 3321 

Building, Hua Shi Yuan Er Road, Eastlake Hi-Tech Development Zone, 

Wuhan, Hubei Province, China 

430223. 

Lam Research International Sarl (Lam 

Shanghai Warehouse; WGQ Bonded 

Warehouse), c/o HMG Supply Chain 

(Shanghai) Co., Ltd., No. 55, Fei la 

Road, Waigaoqiao Free Trade Zone, 

Pudong New Area, Shanghai, China 

200131. 

Lam Research International Sarl (Lam 

Shanghai Warehouse), c/o HMG 

Supply Chain (Shanghai) Co., Ltd., 

No. 3869, Longdong Avenue, Pudong 

New District, Shanghai, China 

201203. 

Lam Research Semiconductor (Suzhou) 

Co., Ltd. (Suzhou), A Division of Lam 

Research International Sarl, A–2 

Building, Export Processing Zone, 

Suzhou New District, Jiangsu 

Province, China 215151. 

Eligible Items (by ECCN) and Their 

Eligible Destinations 

The items identified by ECCN below 

may be exported to the following 

eligible destinations: 

• Lam Research International Sarl 

(Lam Shanghai Warehouse); 

• Lam Research International Sarl 

(Lam Shanghai Warehouse; WGQ 

Bonded Warehouse); 

• Lam Research International Sarl 

(Lam Beijing Warehouse); 

• Lam Research International Sarl 

(Wuxi EPZ Bonded Warehouse); 

• Lam Research International Sarl 

(Lam Beijing Warehouse); and 

• Lam Research International Sarl 

(Wuhan TSS). 

The items identified here may be 

exported to the Lam facilities listed 

immediately above: ECCNs 2B230, 

2B350.c, 2B350.d, 2B350.g, 2B350.h, 

2B350.i, 3B001.c and 3B001.e (items 

classified under ECCNs 3B001.c and 

3B001.e are limited to specially 

designed components and accessories), 

3D001 (limited to ‘‘software’’ (excluding 

source code) specially designed for the 

‘‘development’’ or ‘‘production’’ of 

equipment controlled by ECCN 3B001), 

3D002 (limited to ‘‘software’’ (excluding 

source code) specially designed for the 

‘‘use’’ of equipment controlled by ECCN 

3B001), and 3E001 (limited to 

‘‘technology’’ according to the General 

Technology Note for the ‘‘development’’ 

of equipment controlled by ECCN 

3B001). 

The items identified by ECCN below 

may be exported to the following 

eligible destinations: 

• Lam Research Service Co., Ltd.; 

• Lam Research (Shanghai) Co., Ltd.; 

• Lam Research Service Co., Ltd. 

(Beijing Branch); 

• Lam Research Service Co., Ltd. 

Wuxi Representative Office; 

• Lam Research Service Co., Ltd. 

Wuhan Representative Office; and 

• Lam Research Semiconductor 

(Suzhou) Co., Ltd. (Suzhou). 

The items identified here may be 

exported to the Lam facilities listed 

immediately above: ECCNs 2B230, 

2B350.c, 2B350.d, 2B350.g, 2B350.h, 

2B350.i, 3B001.c and 3B001.e (items 

classified under ECCNs 3B001.c and 

3B001.e are limited to specially 

designed components and accessories), 

3D001 (limited to ‘‘software’’ (excluding 

source code) specially designed for the 

‘‘development’’ or ‘‘production’’ of 

equipment controlled by ECCN 3B001), 

3D002 (limited to ‘‘software’’ (excluding 

source code) specially designed for the 

‘‘use’’ of equipment controlled by ECCN 

3B001), and 3E001 (limited to 

‘‘technology’’ according to the General 

Technology Note for the ‘‘development’’ 

or ‘‘production’’ (limited to those stages 

that support integration, assembly 

(mounting), inspection, testing, and 

quality assurance) of equipment 

controlled by ECCN 3B001). 

Revisions to the List of Eligible 

Destinations for SK hynix 

Semiconductor (China) Ltd. and SK 

hynix Semiconductor (Wuxi) Ltd. 

In this rule, BIS also amends the EAR 

to include the postcodes for the 

addresses of VEUs SK hynix 

Semiconductor (China) Ltd. and SK 

hynix Semiconductor (Wuxi) Ltd. 

(collectively, ‘‘SK hynix China’’). The 

updated addresses are as follows: 

Name and Current Address of SK hynix 

Semiconductor (China) Ltd. 

SK hynix Semiconductor (China) Ltd., 

Lot K7/K7–1, Export Processing Zone, 

Wuxi, Jiangsu, China 214028. 

Name and Current Address of SK hynix 

Semiconductor (Wuxi) Ltd. 

SK hynix Semiconductor (Wuxi) Ltd., 

Lot K7/K7–1, Export Processing Zone, 

Wuxi, Jiangsu, China 214028. 

BIS also removes ECCN 3B001.d from 

the list of eligible items in Supplement 

No. 7 to part 748 for SK hynix 

Semiconductor (China) Ltd. and SK 

hynix Semiconductor (Wuxi) Ltd. to 

conform with changes to the Commerce 

Control List (Supplement No. 1 to part 

774 of the EAR) in ‘‘Wassenaar 

Arrangement 2011 Plenary Agreements 

Implementation: Commerce Control 

List, Definitions, New Participating 

State (Mexico) and Reports,’’ published 

July 2, 2012 (77 FR 39354). 

Former List of Eligible Items for SK 

hynix China 

3B001.a, 3B001.b, 3B001.c, 3B001.d, 

3B001.e, and 3B001.f. 

Current List of Eligible Items for SK 

hynix China 

3B001.a, 3B001.b, 3B001.c, 3B001.e, 

and 3B001.f. 

The amendments to the VEU 

authorizations for AMD China, Lam, 

and SK hynix China, as approved by the 

ERC, were prompted by factors arising 

from the companies’ normal course of 

business or were requested by the 

companies. None of the amendments 

were the result of activities of concern 

by the companies. 

Revision to Supplement No. 7 to Part 

748 of the EAR Table 

Finally, this rule amends Supplement 

No. 7 to part 748 of the EAR to include 

language reminding exporters that the 

language in the Supplement does not 

supersede requirements elsewhere in 

the EAR. The new language reads as 

follows: ‘‘Nothing in this Supplement 

shall be deemed to contradict other 

provisions in the EAR, including but not 

limited to § 748.15(c).’’ This addition is 

intended to remind exporters that items 

controlled for missile technology and/or 

crime control reasons are not eligible for 

export, reexport or transfer (in-country) 

under Authorization VEU. 

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. 

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. 


srobinson on DSK4SPTVN1PROD with 
3322 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 

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 

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 such notice and 

comment here are unnecessary and 

contrary to the public interest. 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 amends four VEU authorizations 

by updating the eligible destinations of 

the four end-users and revising the 

eligible items of one of the four endusers. Additionally, BIS is adding 

language reminding exporters that the 

language in Supplement No. 7 to part 

748 does not supersede requirements 

elsewhere in the EAR. 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. Under the 

Export Administration Act, such 

information is withheld from public 

disclosure unless determined to be in 

the national interest. 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. Finally, allowing for prior 

public notice and comment is contrary 

to the public interest because it could 

cause confusion with the VEU status of 

the four companies identified in this 

rule due to the changes made to their 

addresses and items that may be 

exported, reexported or transferred (incountry) without a license to one of 

those companies. Regarding the 

addition of language to Supplement No. 

7 to part 748 of the EAR, allowing for 

public comment and notice is 

unnecessary because the new language 

clarifies existing requirements; it does 

not create new requirements. 

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 

requirement of 5 U.S.C. 553(d)(3) to 

delay the effectiveness of this 

regulation, because such a delay is 

unnecessary. BIS is simply amending 

four VEU authorizations by updating the 

‘‘Eligible Destinations’’ of the four endusers and revising the ‘‘Eligible Items 

(by ECCN)’’ of one of the four end-users, 

in addition to adding language 

reminding exporters that the language in 

the Supplement No. 7 to part 748 does 

not supersede requirements elsewhere 

in the EAR. 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. Delaying this 

action’s effectiveness could cause 

confusion with the VEU status of the 

companies identified in this rule due to 

the changes made to their addresses and 

items that may be exported, reexported 

or transferred (in-country) without a 

license. Regarding the addition of 

language to Supplement No. 7 to part 

748, delaying this action’s effectiveness 

is unnecessary because the new 

language clarifies existing requirements; 

it does not create new requirements. 

Accordingly, it would be unnecessary 

and 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 and no 

regulatory flexibility analysis 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: 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 3323 

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: 

■ a. By adding a sentence below the first 

row of column headings; and 

■ b. By revising the entries for 

‘‘Advanced Micro Devices China, Inc.,’’ 

‘‘Lam Research Corporation,’’ ‘‘SK hynix 

Semiconductor (China) Ltd.,’’ and ‘‘SK 

hynix Semiconductor (Wuxi) Ltd.’’ 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

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). 

China (People’s 

Republic of).

Advanced Micro 

Devices 

China, Inc.

3D002, 3D003, 3E001 (limited to 

‘‘technology’’ for items classified under 3C002 and 3C004 

and ‘‘technology’’ for use during the International Technology Roadmap for Semiconductors (ITRS) process for 

items classified under ECCNs 

3B001 and 3B002), 3E002 

(limited to ‘‘technology’’ for use 

during the ITRS process for 

items classified under ECCNs 

3B001 and 3B002), 3E003.e 

(limited to the ‘‘development’’ 

and ‘‘production’’ of integrated 

circuits for commercial applications), 4D001, 4D002 and 

4E001 (limited to the ‘‘development’’ of products under 

ECCN 4A003).

AMD Technologies (China) Co., 

Ltd., No. 88, Su Tong Road, 

Suzhou, China 215021.

Advanced Micro Devices (Shanghai) Co., Ltd., Buildings 46, 47, 

48 & 49, River Front Harbor, 

Zhangjiang Hi-Tech Park, 1387 

Zhangdong Rd., Pudong, 

Shanghai, China 201203 

AMD Technology Development 

(Beijing) Co., Ltd., North and 

South Buildings, 

RaycomInfotech, Park Tower 

C, No. 2 Science Institute 

South Rd., Zhong Guan Cun, 

Haidian District, Beijing, China 

100190. 

AMD Products (China) Co. Ltd., 

North and South Buildings, 

RaycomInfotech Park, Tower 

C, No. 2 Science Institute 

South Rd., Zhong Guan Cun, 

Haidian District, Beijing, China 

100190. 

75 FR 25763, 5/10/10. 

76 FR 2802, 1/18/11. 

78 FR [INSERT FR PAGE NUMBER] 1/16/13. 

* * * * * * * 

Lam Research 

Corporation.

These Items Authorized for those 

Lam’s Destinations Identified 

by a single asterisk (*): 2B230, 

2B350.c, 2B350.d, 2B350.g, 

2B350.h, 2B350.i, 3B001.c and 

3B001.e (items classified under 

ECCNs 3B001.c and 3B001.e 

are limited to specially designed components and accessories), 3D001 (limited to 

‘‘software’’ (excluding source 

code) specially designed for 

the ‘‘development’’ or ‘‘production’’ of equipment controlled 

by ECCN 3B001), 3D002 (limited to ‘‘software’’ (excluding 

source code) specially designed for the ‘‘use’’ of equipment controlled by ECCN 

3B001), and 3E001 (limited to 

‘‘technology’’ according to the 

General Technology Note for 

the ‘‘development’’ of equipment controlled by ECCN 

3B001).

* Lam Research International Sarl 

(Lam Shanghai Warehouse), c/ 

o HMG Supply Chain (Shanghai) Co., Ltd., No. 3869, 

Longdong Avenue, Pudong 

New District, Shanghai, China 

201203.

* Lam Research International Sarl 

(Lam Shanghai Warehouse; 

WGQ Bonded Warehouse), c/o 

HMG Supply Chain (Shanghai) 

Co., Ltd., No. 55, Fei la Road, 

Waigaoqiao Free Trade Zone, 

Pudong New Area, Shanghai, 

China 200131. 

* Lam Research International Sarl 

(Lam Beijing Warehouse), c/o 

Beijing Lam Electronics Tech 

Center, No. 8 Building No. 1, 

Disheng North Street, Beijing 

Economic & Technological Development Area, Beijing, China 

100176. 

* Lam Research International Sarl 

(Wuxi EPZ Bonded Warehouse), c/o HMG WHL Logistic 

(Wuxi) Co., Ltd., 1st Fl, Area 4, 

No. 1, Plot J3, No. 5 Gaolang 

East Road, Export Processing 

Zone, Wuxi, China 214028. 

75 FR 62462, 10/12/10. 

77 FR 10955, 2/24/12. 

78 FR [INSERT FR PAGE NUMBER] 1/16/13. 


srobinson on DSK4SPTVN1PROD with 
3324 Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 

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—Continued 

Country Validated end 

user 

Eligible items 

(by ECCN) Eligible destination Federal Register citation 

* Lam Research International Sarl 

(Lam Beijing Warehouse), c/o 

HMG Hi-tech Logistics (Beijing) 

Co., Ltd., Building 3, No. 9 Ke 

Chuang Er Street, Beijing Economic Technological Development Area, Beijing, China 

100176. 

* Lam Research International Sarl 

(Wuhan TSS), c/o HMG 

Wuhan Logistic Co., Ltd., 1st– 

2nd Floor, Area B, No. 5 Building, Hua Shi Yuan Er Road, 

East-lake Hi-Tech Development Zone, Wuhan, Hubei 

Province, China 430223. 

These Items Authorized for those 

Lam’s Destinations Identified 

by two asterisks (**): 2B230, 

2B350.c, 2B350.d, 2B350.g, 

2B350.h, 2B350.i, 3B001.c and 

3B001.e (items classified under 

ECCNs 3B001.c and 3B001.e 

are limited to specially designed components and accessories), 3D001 (limited to 

‘‘software’’ (excluding source 

code) specially designed for 

the ‘‘development’’ or ‘‘production’’ of equipment controlled 

by ECCN 3B001), 3D002 (limited to ‘‘software’’ (excluding 

source code) specially designed for the ‘‘use’’ of equipment controlled by ECCN 

3B001), and 3E001 (limited to 

‘‘technology’’ according to the 

General Technology Note for 

the ‘‘development’’ or ‘‘production’’ (limited to those stages 

that support integration, assembly (mounting), inspection, 

testing, and quality assurance) 

of equipment controlled by 

ECCN 3B001).

** Lam Research Service Co., 

Ltd., 1st Floor, Area C, Hua 

Hong Science & Technology 

Park, 177 Bi Bo Road, 

Zhangjiang Hi-Tech Park, 

Pudong, Shanghai, China 

201203..

** Lam Research (Shanghai) Co., 

Ltd., No. 1 Jilong Rd., Room 

424–2, Waigaoqiao Free Trade 

Zone, Shanghai, China 

200131. 

** Lam Research Service Co., 

Ltd. (Beijing Branch), Rm 

1010, Zhaolin Building, No. 15 

Rong Hua Zhong Road, Beijing 

Economic & Technological Development Area, Beijing, China 

100176. 

** Lam Research Service Co., 

Ltd., Wuxi Representative Office, Room 302, Building 6, 

Singapore International Park, 

No. 89 Xing Chuang Si Road, 

Wuxi New District, Wuxi, 

Jiangsu, China 214028. 

** Lam Research Service Co., 

Ltd., Wuhan Representative 

Office, Room 302, Guanggu 

Software Park Building E4, No. 

1 Guanshan Road, Donghu 

Development Zone, Wuhan, 

Hubei Province, China 430074. 

** Lam Research Semiconductor 

(Suzhou) Co., Ltd. (Suzhou), A 

Division of Lam Research 

International Sarl, A–2 Building, Export Processing Zone, 

Suzhou New District, Jiangsu 

Province, China 215151. 

* * * * * * * 

SK hynix Semiconductor 

(China) Ltd.

3B001.a, 3B001.b, 3B001.c, 

3B001.e, and 3B001.f.

SK hynix Semiconductor (China) 

Ltd., Lot K7/K7–1, Export Processing Zone, Wuxi, Jiangsu, 

China 214028.

75 FR 62462, 10/12/10. 

77 FR 40258, 7/9/12. 

78 FR [INSERT FR PAGE NUMBER] 1/16/13. 

SK hynix Semiconductor 

(Wuxi) Ltd.

3B001.a, 3B001.b, 3B001.c, 

3B001.e, and 3B001.f.

SK hynix Semiconductor (Wuxi) 

Ltd., Lot K7/K7–1, Export Processing Zone, Wuxi, Jiangsu, 

China 214028.

75 FR 62462, 10/12/10. 

77 FR 40258, 7/9/12. 

78 FR [INSERT FR PAGE NUMBER] 1/16/13. 

* * * * * * * 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 11 / Wednesday, January 16, 2013 / Rules and Regulations 3325 

Dated: January 10, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–00770 Filed 1–15–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9608] 

RIN 1545–BI85 

Disclosure or Use of Information by 

Preparers of Returns; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations 

and removal of temporary regulations. 

SUMMARY: This document corrects the 

final regulations and removal of 

temporary regulations (TD 9608) that 

were published in the Federal Register 

on Friday, December 28, 2012 (77 FR 

76400) relating to the disclosure or use 

of tax return information by tax return 

preparers. 

DATES: These corrections are effective 

on January 16, 2013, and are applicable 

on December 28, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Emily Lesniak, (202) 622–4910 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The final regulations and removal of 

temporary regulations (TD 9608) that are 

the subject of this correction are under 

section 7216 of the Internal Revenue 

Code. 

Need for Correction 

As published, TD 9608 contains errors 

that may prove to be misleading and are 

in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

correction to final regulations and 

removal of temporary regulations (TD 

9608), which was the subject of FR. Doc. 

2012–31185, is corrected as follows: 

1. On page 76403, column 2, in the 

preamble, under the paragraph heading 

‘‘4. Effective Date of TD 9478’’, third 

line, the language ‘‘2(o) of the temporary 

regulations’’, is corrected to read, ‘‘2T(o) 

of the temporary regulations’’. 

2. On page 76403, column 2, in the 

preamble, under the paragraph heading 

‘‘4. Effective Date of TD 9478, last line 

of the column, the language 

‘‘§ 301.7216–2(o) was made effective 

only’’, is corrected to read ‘‘§ 301.7216– 

2T(o) was made effective only’’. 

3. On page 76403, column 3, in the 

preamble, under the paragraph heading 

‘‘4. Effective Date of TD 9478, line 4 

from the top of the column, the language 

‘‘provided for Notice 2009–13 nor 

those’’, is corrected to read, ‘‘provided 

for in Notice 2009–13 nor those’’. 

4. On page 76403, column 3, in the 

preamble, under the paragraph heading 

‘‘4. Effective Date of TD 9478, line 10 

from the top of the column, the language 

‘‘if § 301.7216–2(o) had not been, is 

corrected to read, ‘‘if § 301.7216–2T(o) 

had not been’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. 2013–00749 Filed 1–15–13; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9607] 

RIN 1545–BJ37 

Partners Distributive Share; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to final regulations. 

SUMMARY: This document corrects final 

regulations (TD 9607) that was 

published in the Federal Register on 

Friday, December 28, 2012 (77 FR 

76380) regarding the application of the 

substantiality de minimis rule. In the 

interest of sound tax administration, 

this rule is being made inapplicable. 

These final regulations affect 

partnerships and their partners. 

DATES: This correction is effective on 

January 16, 2013 and is applicable on 

December 28, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Kahane (202) 622–3050 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of final regulations (TD 

9607) that is the subject of this 

correction is under section 704 of the 

Internal Revenue Code. 

Need for Correction 

As published, TD 9607 contains an 

error that may prove to be misleading 

and is in need of clarification. 

Correction of Publication 

Accordingly, the publication of the 

correction to final regulations (TD 

9607), which was the subject of FR. Doc. 

2012–31155, is corrected as follows: 

1. On page 76380, column 1, in the 

preamble, under the caption FOR

FURTHER INFORMATION CONTACT, first line, 

the language ‘‘Rebecca Kahanel, at (202) 

622–3050 (not’’, is corrected to read 

‘‘Rebecca Kahane, at (202) 622–3050 

(not’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel, Procedure and Administration. 

[FR Doc. 2013–00748 Filed 1–15–13; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 18 

Appointing Authority for Military 

Commissions 

AGENCY: Department of Defense. 

ACTION: Final rule. 

SUMMARY: This final rule removes 32 

CFR part 18 concerning the Appointing 

Authority for Military Commissions. 

This rule pertains to a military function 

of the United States and is exempt from 

rulemaking requirements. Previously, 

this rule was published for 

informational purposes only. As a result 

of the enactment of Military 

Commissions Act of 2009, the Deputy 

Secretary’s issuance of the Regulation 

for Trial by Military Commissions on 

November 6, 2011, and his cancellation 

of DoD Directive 5105.70, ‘‘Appointing 

Authority for Military Commissions,’’ 

this regulation is no longer required. 

DATES: Effective Date: This rule is 

effective January 16, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Patricia Toppings, 571–372–0485. 

SUPPLEMENTARY INFORMATION: For 

additional information on Military 

Commissions, see Military Commissions 

Act of 2009. 

List of Subjects in 32 CFR Part 18 

Military law. 

PART 18—[REMOVED] 

■ Accordingly, by the authority of 5 

U.S.C. 301, 32 CFR part 18 is removed. 


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