Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71013 

with the Freedom of Information Act, 

the Government in the Sunshine Act, or 

any procedures or requirements 

contained in the Board’s regulations 

issued pursuant to those Acts. 

§ 1708.116 Procedure after safety 

investigations. 

(a) If a formal safety investigation 

results in a finding that an event or 

practice has adversely affected, or may 

adversely affect, public health and 

safety, the Board may take any 

appropriate action authorized to it 

under its enabling statute, including, 

but not limited to, making a formal 

recommendation to the Secretary of 

Energy, convening a hearing, or 

establishing a reporting requirement. 

(b) If a safety investigation yields 

information relating to violations of 

federal criminal law involving 

government officers and employees, the 

Board shall expeditiously refer the 

matter to the Department of Justice for 

disposition. 

(c) If in the course of a safety 

investigation, a safety issue or concern 

is found to be outside the Board’s 

jurisdiction, that safety issue or concern 

shall be referred to the appropriate 

entity with jurisdiction for disposition. 

(d) Statements made in connection 

with testimony provided to the Board in 

an investigation are subject to the 

provisions of 18 U.S.C. 1001. 

Dated: November 24, 2014. 

Peter S. Winokur, 

Chairman. 

[FR Doc. 2014–28248 Filed 11–28–14; 8:45 am] 

BILLING CODE 3670–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730, 734, 736, 742, 744, 

and 745 

[Docket No. 141114962–4962–01] 

RIN 0694–AG39 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority paragraphs in the Export 

Administration Regulations (EAR) to 

cite the most recent Presidential notice 

extending an emergency declared 

pursuant to the International Emergency 

Economic Powers Act. This is a 

procedural rule that only updates 

authority paragraphs of the EAR. It does 

not alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

DATES: The rule is effective December 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

Authority for EAR parts 730, 734, 736, 

742, 744 & 745 rests, in part, on 

Executive Order 12938 of November 14, 

1994—National Emergency With 

Respect to Weapons of Mass 

Destruction, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950 and on annual notices 

extending the emergency declared in 

that executive order. This rule revises 

the authority paragraphs for the affected 

parts to cite the most recent such notice, 

which the President signed on 

November 7, 2014. 

This rule is purely procedural, and 

makes no changes other than to revise 

CFR authority paragraphs for the 

purpose of making the authority 

citations current. It does not change the 

text of any section of the EAR, nor does 

it alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

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). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. 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, nor shall any person 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 rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(B) to 

waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. It clarifies 

information and is non-discretionary. 

This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Because 

neither the Administrative Procedure 

Act nor any other law requires that 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 

15 CFR Part 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, Science and 

technology. 

15 CFR Part 736 

Exports. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Part 745 

Administrative practice and 

procedure, Chemicals, Exports, Foreign 

trade, Reporting and recordkeeping 

requirements. 

Accordingly, parts 730, 734, 736, 742, 

744 and 745 of the EAR (15 CFR parts 

730–774) are amended as follows: 

PART 730—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 730 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 


rljohnson on DSK3VPTVN1PROD with RULES
71014 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; 

22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 

U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 

U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 

50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR, 

1976 Comp., p. 114; E.O. 12002, 42 FR 35623, 

3 CFR, 1977 Comp., p. 133; E.O. 12058, 43 

FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12214, 45 FR 29783, 3 CFR, 1980 Comp., p. 

256; E.O. 12851, 58 FR 33181, 3 CFR, 1993 

Comp., p. 608; E.O. 12854, 58 FR 36587, 3 

CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR 

28205, 3 CFR, 1994 Comp., p. 899; 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. 12981, 60 FR 62981, 3 

CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR 

54079, 3 CFR, 1996 Comp., p. 219; 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; E.O. 

13338, 69 FR 26751, 3 CFR, 2004 Comp., p 

168; E.O. 13637 of March 8, 2013, 78 FR 

16129 (March 13, 2013); Notice of January 21, 

2014, 79 FR 3721 (January 22, 2014); Notice 

of May 7, 2014, 79 FR 26589 (May 9, 2014); 

Notice of August 7, 2014, 79 FR 46959 

(August 11, 2014); Notice of September 17, 

2014, 79 FR 56475 (September 19, 2014); 

Notice of November 7, 2014, 79 FR 67035 

(November 12, 2014). 

PART 734—[AMENDED] 

■ 2. The authority citation for 15 CFR 

part 734 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; E.O. 13637 of March 8, 2013, 

78 FR 16129 (March 13, 2013); Notice of 

August 7, 2014, 79 FR 46959 (August 11, 

2014); Notice of November 7, 2014, 79 FR 

67035 (November 12, 2014). 

PART 736—[AMENDED] 

■ 3. The authority citation for 15 CFR 

part 736 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 2151 note; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

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

13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 

168; Notice of May 7, 2014, 79 FR 26589 

(May 9, 2014); Notice of August 7, 2014, 79 

FR 46959 (August 11, 2014); Notice of 

November 7, 2014, 79 FR 67035 (November 

12, 2014). 

PART 742—[AMENDED] 

■ 4. The authority citation for 15 CFR 

part 742 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 

Stat. 559; 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. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 7, 2014, 79 FR 

46959 (August 11, 2014); Notice of November 

7, 2014, 79 FR 67035 (November 12, 2014). 

PART 744—[AMENDED] 

■ 5. The authority citation for 15 CFR 

part 744 is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

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 21, 2014, 79 FR 3721 

(January 22, 2014); Notice of August 7, 2014, 

79 FR 46959 (August 11, 2014); Notice of 

September 17, 2014, 79 FR 56475 (September 

19, 2014); Notice of November 7, 2014, 79 FR 

67035 (November 12, 2014). 

PART 745—[AMENDED] 

■ 11. The authority citation for 15 CFR 

part 745 is revised to read as follows: 

Authority: 50 U.S.C. 1701 et seq.; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; Notice of November 7, 2014, 79 FR 

67035 (November 12, 2014). 

Dated: November 24, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–28235 Filed 11–28–14; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 141114969–4969–01] 

RIN 0694–AG36 

Amendments to Existing Validated 

End-User Authorization in the People’s 

Republic of China: Lam Research 

Service Co., Ltd. 

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 for Validated End User 

(VEU) Lam Research Service Co., Ltd. 

(Lam) in the People’s Republic of China 

(PRC). Specifically, BIS amends 

Supplement No. 7 to part 748 of the 

EAR to change two addresses for Lam’s 

eligible facilities (also known as 

‘‘eligible destinations’’), remove two 

existing facilities, and add eight eligible 

facilities. 

DATES: This rule is effective December 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: MiYong Kim, 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; Fax: 202/482–3911; Email: 

ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

Validated End Users (VEUs) are 

designated entities located in eligible 

destinations to which eligible items may 

be exported, reexported, or transferred 

(in-country) under a general 

authorization instead of a license. The 

names of the VEUs, as well as the dates 

they were so designated, and their 

respective eligible destinations and 

items are identified in Supplement No. 

7 to part 748 of the 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 

and may include commodities, software, 

and technology, except those controlled 

for missile technology or crime control 

reasons on the Commerce Control List 

(CCL) (part 774 of the EAR). 

VEUs are reviewed and approved by 

the U.S. Government in accordance with 

the provisions of Section 748.15 and 

Supplement Nos. 8 and 9 to part 748 of 

the EAR. The End-User Review 

Committee (ERC), composed of 

representatives from the Departments of 

State, Defense, Energy, and Commerce, 

and other agencies, as appropriate, is 

responsible for administering the VEU 

program. BIS amended the EAR in a 

final rule published on June 19, 2007 

(72 FR 33646) to create Authorization 

VEU. 


rljohnson on DSK3VPTVN1PROD with RULES