80080 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to The Boeing Company 

Model 777–200, 777–200LR, 777–300ER, and 

777F series airplanes, certificated in any 

category, with General Electric Company 

(GE) GE90–76B, GE90–85B, GE90–90B, 

GE90–94B, GE90–110B1, and GE90–115B 

model turbofan engines installed. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Unsafe Condition 

This AD was prompted by a report of 

potential latent failures of the lightning 

protection features for the engine fuel feed 

system. The FAA is issuing this AD to 

address such latent failures. A lightning 

strike to an engine nacelle combined with 

latent failures of the lightning protection 

features for the engine fuel feed system, if not 

addressed, could result in the potential for 

ignition sources inside fuel tanks, which, in 

combination with flammable fuel vapors, 

could result in a fuel tank explosion and 

consequent loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

Except as specified by paragraph (h) of this 

AD: Within 90 days after the effective date 

of this AD, or within 1 year after the date of 

issuance of the original airworthiness 

certificate or original export certificate of 

airworthiness, whichever comes later, do 

detailed inspections and measure the bond 

resistance of the bonding jumpers on the fuel 

feed tube installed immediately forward of 

the wing front spar at each of the two engine 

locations, and do all applicable corrective 

actions, in accordance with the Part 2 of the 

Work Instructions of Boeing Multi Operator 

Message MOM–MOM–24–0463–01B, dated 

September 4, 2024. All applicable corrective 

actions must be done before further flight. 

Repeat the inspections and bonding 

resistance measurement thereafter at 

intervals not to exceed 1 year. 

(h) Exception to Service Information 

Specifications 

(1) Where Boeing Multi Operator Message 

MOM–MOM–24–0463–01B, dated September 

4, 2024, specifies contacting Boeing for 

instructions if a bonding resistance 

measurement continues to exceed specified 

limits after multiple failed corrective action 

attempts, this AD requires doing a repair 

before further flight using a method approved 

in accordance with the procedures specified 

in paragraph (i) of this AD. 

(2) Boeing Multi Operator Message MOM– 

MOM–24–0463–01B, dated September 4, 

2024, refers to Aircraft Illustrated Parts 

Catalogue (AIPC) AIPC 28–11–51–01 in 

several places; however, the correct AIPC 

reference is AIPC 28–11–51–02. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, AIR–520, Continued 

Operational Safety Branch, FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or responsible Flight Standards Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in paragraph (j) of this AD. 

Information may be emailed to AMOC@

faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the responsible Flight Standards Office. 

(3) An AMOC that provides an acceptable 

level of safety may be used for any repair, 

modification, or alteration required by this 

AD if it is approved by The Boeing Company 

Organization Designation Authorization 

(ODA) that has been authorized by the 

Manager, AIR–520, Continued Operational 

Safety Branch, FAA, to make those findings. 

To be approved, the repair method, 

modification deviation, or alteration 

deviation must meet the certification basis of 

the airplane, and the approval must 

specifically refer to this AD. 

(j) Related Information 

For more information about this AD, 

contact Samuel Dorsey, Aviation Safety 

Engineer, FAA, 2200 South 216th St., Des 

Moines, WA 98198; phone: 206–231–3415; 

email: Samuel.J.Dorsey@faa.gov. 

(k) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference of 

the material listed in this paragraph under 5 

U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use this material as 

applicable to do the actions required by this 

AD, unless the AD specifies otherwise. 

(i) Boeing Multi Operator Message MOM– 

MOM–24–0463–01B, dated September 4, 

2024. 

(ii) [Reserved] 

(3) For Boeing material identified in this 

AD, contact Boeing Commercial Airplanes, 

Attention: Contractual & Data Services 

(C&DS), 2600 Westminster Blvd., MC 110– 

SK57, Seal Beach, CA 90740–5600; telephone 

562–797–1717; website myboeingfleet.com. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

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

ibr-locations or email fr.inspection@nara.gov. 

Issued on September 20, 2024. 

Peter A. White, 

Deputy Director, Integrated Certificate 

Management Division, Aircraft Certification 

Service. 

[FR Doc. 2024–22802 Filed 9–30–24; 11:15 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 748 

[Docket No. 240926–0254] 

RIN 0694–AJ82 

Expansion of Validated End User 

Authorization: Data Center Validated 

End User Authorization 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Department of 

Commerce, Bureau of Industry and 

Security (BIS), amends the Export 

Administration Regulations (EAR) to 

expand the Validated End User 

Authorization (VEU) program to include 

VEU Authorization for data centers 

located in specified destinations (‘‘Data 

Center VEU’’ or ‘‘Data Center VEU 

Authorization’’). This expansion of the 

VEU program to include Data Center 

VEU is intended to facilitate quick and 

reliable export or reexport of items on 

the Commerce Control List necessary for 

a data center, including advanced 

computing items, to preapproved 

trusted end users. Data Center VEU 

adopts much of the framework of the 

existing VEU program, with additional 

requirements. This expansion of 

eligibility is intended to update the VEU 

program to recognize the advancement 

and benefits of artificial intelligence. As 

under the original VEU Authorization 

Program, the U.S. government will 

rigorously review Data Center VEU 

candidates’ applications subject to 

detailed and verifiable criteria. 

DATES: This rule is effective on October 

2, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary for 

Export Administration, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–5991, 

Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

In this rule, the Department of 

Commerce, Bureau of Industry and 

Security (BIS), amends the Export 


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80081 

Administration Regulations (EAR) (15 

CFR 730–774) to expand the Validated 

End-User (VEU) program in 15 CFR 

748.15 to enable VEU Authorization for 

data centers (‘‘Data Center VEU’’ or 

‘‘Data Center VEU Authorization’’). Data 

Center VEU is intended to cultivate 

trusted ecosystems for the responsible 

use of advanced computing integrated 

circuits. Foreign adversaries seek to use 

advanced computing integrated circuits 

and supercomputing capacity in the 

development and deployment of AI 

models to further their military 

capabilities, contrary to U.S. national 

security and foreign policy interests. For 

this reason, BIS imposed controls on 

these items in October, 2022 (87 FR 

62186, October 13, 2022) and October, 

2023 (88 FR 73424, October 25, 2023 

and 88 FR 73458, October 25, 2023). 

Although BIS strictly controls the export 

of advanced integrated circuits, BIS also 

recognizes that in certain destinations 

where a license is currently required, 

advanced computing integrated circuits 

can be deployed in highly trusted 

environments, enabling the use of AI for 

technological discoveries and the 

development of new tools that improve 

the world. Specifically, BIS has 

determined that there could be 

significant benefits from authorizing the 

export and reexport of advanced 

computing integrated circuits to end 

users who operate data centers that 

implement certain security measures 

and satisfy other criteria. Accordingly, 

BIS is amending the EAR to establish a 

new authorization ‘Data Center VEU’ 

that is intended to facilitate export or 

reexport of all items on the Commerce 

Control List that require a license to the 

destination excluding ‘‘600 series’’ 

items and are necessary for a data 

center, including advanced computing 

integrated circuits and electronic 

assemblies, to trusted end users that 

meet certain prerequisites. 

As a quintessential dual-use 

technology, AI comes with many 

benefits and risks. This cutting-edge 

technology holds the potential to 

increase access to healthcare, education, 

and food and assist with combatting 

complex problems such as climate 

change. For example, AI-enabled virtual 

learning systems can be tailored to a 

student’s needs to bridge the education 

gap in regions that lack resources or 

qualified teachers. AI can also improve 

access to healthcare by facilitating 

remote-patient monitoring. 

At the same time, AI is 

revolutionizing the military and 

intelligence capabilities of adversaries. 

Advanced AI models, trained on 

advanced computing integrated circuits, 

have the potential to diffuse dangerous 

capabilities by lowering the barrier to 

develop cyberweapons or chemical, 

biological, radiological, or nuclear 

weapons. Advanced AI capabilities can 

lead to improved speed and accuracy of 

military decision-making, planning, and 

logistics. They can also be used for 

cognitive electronic warfare, radar, 

signals intelligence, mass surveillance, 

and jamming. For example, the 

February, 2024, Annual Threat 

Assessment of the U.S. Intelligence 

Community states that the People’s 

Republic of China (PRC) is pursuing AI 

for mass surveillance and intelligent 

weapons platforms. In response to the 

national security and foreign policy 

risks of AI, as noted above, in October, 

2022, BIS published an interim final 

rule (87 FR 62186) which made critical 

changes to the EAR in two areas. First, 

the rule imposed additional export 

controls on certain advanced computing 

semiconductor chips (chips, advanced 

computing chips, integrated circuits 

(ICs)), transactions for supercomputer 

end uses, and transactions involving 

certain entities on the Entity List 

(supplement no. 4 to part 744). Second, 

the rule adopted additional controls on 

certain semiconductor manufacturing 

items and transactions for certain IC 

production end uses. In October, 2023, 

BIS broadened the scope of destinations 

for these controls to cover other 

destinations of concern (such as 

Country Groups D:1 and D:5 for newly 

added semiconductor manufacturing 

equipment controls, and D:1, D:4, and 

D:5 for the advanced computing 

controls). Similarly, BIS imposed 

worldwide license requirements for 

certain specified end-uses when 

conducted on behalf of entities 

headquartered in, or with an ultimate 

parent company headquartered in, 

Macau or a destination in Country 

Group D:5. Due to the rapid nature of 

technological change in AI, BIS has 

been closely studying these 

developments and updating its rules 

accordingly to ensure that they remain 

as targeted and effective as possible. 

Data Centers play a vital role in global 

AI development, and the United States 

is committed to facilitating international 

AI development in a way that 

minimizes risk to national security. 

Accordingly, this rule expands the VEU 

program to facilitate the export or 

reexport of items necessary for a data 

center to preapproved trusted validated 

end users in destinations that require a 

license for items classified under Export 

Control Classification Numbers (ECCNs) 

3A090.a and 4A090.a, and .z items in 

Categories 3, 4, and 5, excluding D:5 

countries. Data Center VEU adopts 

much of the framework of the existing 

VEU program, with additional 

requirements appropriate for a data 

center environment. In addition, this 

action includes appropriate safeguards 

to address the implications of risks AI 

might impose on U.S. and allies’ 

national security and foreign policy 

objectives. As under the original VEU 

Authorization Program, the U.S. 

government will rigorously review Data 

Center VEU candidates’ applications 

subject to detailed and verifiable criteria 

consistent with facilitating U.S. exports. 

Addition of Authorization Data Center 

VEU to the EAR 

To implement Data Center VEU, BIS 

amends the EAR to refer to the existing 

VEU program that currently applies to 

India and China as ‘General VEU 

Authorization’ and to refer to the new 

program as ‘Data Center VEU 

Authorization.’ The framework for both 

programs is similar, although the 

requirements are different. All VEU 

authorizations allow exports and 

reexports to the VEUs. However, a 

separate authorization is needed if a 

VEU reexports to a third party. 

Although in country transfers are 

permitted under General VEU 

Authorization, in country transfers are 

not permitted under Data Center VEU 

Authorization unless the transfer (incountry) is to a VEU authorized location 

by the same VEU. Section 748.15 

maintains the following subsections: (a) 

Eligible end-users; (b) Eligible 

destinations; (c) Item restrictions; (d) 

End-use restrictions; (e) Certification 

and recordkeeping; (f) Reporting and 

review requirements; (g) Notification 

requirement; (h) Termination of 

Conditions on VEU Authorizations; and 

(i) Records. Supplement no. 7 to part 

748 includes a list of end users who 

have been approved through the VEU 

program and are eligible for exports or 

reexports under Data Center VEU 

Authorization or exports, reexports, or 

transfers (in-country) under General 

VEU Authorization. Supplement no. 8 

to part 748 describes information 

required in requests for both types of 

VEU authorization. 

Eligibility and Application 

Requirements 

The introduction to section 748.15 

(Authorization Validated End-User 

(VEU)) is amended to include references 

to both ‘General VEU Authorization’ 

and ‘Data Center VEU Authorization.’ 

Revised section 748.15(a)(1), includes 

the eligibility criteria for the current 

VEU program, now called ‘General VEU 

Authorization,’ and the eligibility 

criteria for ‘Data Center VEU 


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Authorization.’ Some requirements are 

the same for both types of VEU 

authorizations, as described in sections 

748.15(a)(2) through (5). Paragraphs (b) 

and (d) are each now bifurcated to 

distinguish between the two VEU 

Authorizations, each with a new 

paragraph (1) discussing General VEU 

Authorizations and a new paragraph (2) 

discussing Data Center VEU 

Authorizations. Paragraph (c) of section 

748.15 now includes a new paragraph 

(1) indicating that neither VEU 

authorization is authorized for items 

controlled under the EAR for missile 

technology or crime control reasons, 

consistent with current restrictions, and 

a new paragraph (2) providing that all 

items on the Commerce Control List are 

eligible for Data Center VEU 

Authorizations if those items require a 

license to the destination (excluding 

‘‘600 series’’ items) and are necessary 

for a data center. 

Requests for authorization for General 

VEU Authorizations or Data Center VEU 

must be submitted in the form of an 

advisory opinion request, as described 

in sections 748.15(a)(2), 748.3(c)(2), and 

in accordance with revised Supplement 

No. 8 (Information Required in Requests 

for Validated End-User (VEU) 

Authorization) and existing Supplement 

No. 9 (End-User Review Committee 

Procedures) to part 748. In the request 

for authorization, as provided in revised 

Supplement No. 8 to part 748, in 

addition to the information required 

under the General VEU program, now in 

paragraph A of that supplement, 

particular information related to the 

data center is required, as described in 

new paragraph B of that supplement. 

The following information will assist 

BIS and its interagency partners in the 

Departments of Defense, Energy, and 

State in an evaluation of the data 

center’s VEU eligibility: 

• Absent a legal prohibition or other 

such exceptional circumstances, a list of 

current and potential customers of the 

data center; 

• An overview of business activities 

or corporate relationships that the 

candidate has with any organization 

designated on the Entity List or Military 

End-User List, the Department of the 

Treasury’s Specially Designated 

Nationals and Blocked Persons List, 

Foreign Sanctions Evaders List, or U.S. 

Sectoral Sanctions Identifications List, 

or the Department of State’s 

Nonproliferation Sanctions 

determinations. 

• A description of physical, and 

logical security requirements, including 

access restrictions for each location the 

controlled items will be housed (e.g., 

around the clock monitoring, 

cybersecurity requirements, third-party 

monitoring; and/or physical security); 

• A description of the policies and 

procedures governing employees 

physical and logical access to the VEU 

data center; 

• An overview of the data center’s 

information security plan, which should 

include: 

Æ Cybersecurity plan, including 

compliance with relevant NIST 

standards; 

Æ Logging and monitoring plan; 

Æ Technology control plan that 

describes how much compute is 

required for the various end uses 

involved; 

Æ Baseline cloud configuration and 

identity and access management process 

for tenants, if a cloud provider; 

Æ Personnel security plan; and 

Æ An incident, identification, 

investigation, and reporting plan; 

• An explanation of the network 

infrastructure and architecture and 

service providers; 

• An overview of the applicant’s 

supply chain risk management plan that 

will ensure no prohibited technology 

enters the environment and no 

prohibited vendors are in the supply 

chain; and 

• An overview of the applicant’s 

export control training program and 

compliance program procedures. 

In conjunction with other relevant 

agencies on the End User Review 

Committee (ERC), consistent with the 

process identified in existing 

Supplement No. 9 to Part 748, the U.S. 

government will evaluate prospective 

Data Center VEU applicants based on a 

range of factors. Included in this 

evaluation will be whether the VEU host 

country has provided assurances to the 

U.S. government regarding the safe and 

secure use of the technology to be 

provided under Authorization VEU. 

Should an entity be interested in 

obtaining Data Center VEU status, its 

national government will need to engage 

the Commerce and State Departments to 

make such assurances. 

In addition, as described in revised 

section 748.15(a)(3), the agencies will 

examine the entity’s record of the 

party’s compliance with U.S. export 

controls; the entity’s capability to 

comply with the requirements for VEU; 

the entity’s agreement to on-site 

compliance reviews by representatives 

of the United States Government, 

including to guard against both the 

misuse and diversion of computing 

resources; the entity’s relationships with 

U.S and foreign companies; the party’s 

technology roadmap, and technology 

control plan. When evaluating the 

eligibility of an end-user, agencies 

would consider the status of export 

controls in the eligible destination and 

adherence to multilateral export control 

regimes of the government of the 

eligible destination; this information, 

among other things, may also be the 

subject of government-to-government 

assurances. 

Approval Process and VEU Conditions 

Consistent with the procedures 

described in existing Supplement No. 9 

to part 748, if the ERC approves the 

request, BIS will issue a response in the 

form of a letter granting VEU status. The 

letter will state the items that are 

permitted for export or reexport to the 

VEU, along with any conditions 

required of the VEU. Conditions will be 

tailored to the national security and 

foreign policy risks presented. Examples 

of conditions include a commitment to: 

• Implement physical and logical 

security requirements; 

• Prohibit access to individuals 

working for entities and/or countries of 

concern; 

• Prohibit access to any national 

working for or on behalf of a party on 

BIS’s Entity List; 

• Ensure inspection/onsite reviews by 

U.S. government officials as necessary, 

to determine whether VEU 

authorization conditions are being met; 

and/or 

• Not provide computing power 

above prohibited thresholds to entities 

or countries of concern. 

Certification and Reporting 

Requirements 

As provided in revised section 

748.15(e), prior to an initial export or 

reexport under General or Data Center 

VEU authorizations, exporters or 

reexporters must obtain certifications 

from validated end-users regarding the 

end use and compliance with VEU 

requirements. Such certifications must 

include the information set forth in 

Supplement no. 8 to part 748. 

Certifications and all records related to 

VEU must be retained by the exporters 

or reexporters in accordance with 

recordkeeping requirements set forth in 

part 762 of the EAR. 

In addition to the certification 

requirements, as provided in revised 

section 748.15(f)(1)(i), reexporters who 

make use of either VEU Authorization 

must file reports to BIS. Reexporters 

using the General VEU Authorization 

must file reports annually while 

reexporters using the Data Center VEU 

Authorizations must file reports 

semiannually. For reexporters, these 

reports must include, for each validated 

end user to whom the exporter or 

reexporter exported or reexported 


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80083 

eligible items: (1) the name and address 

of each validated end-user to who 

eligible items were reexported; (2) a list 

of any intermediate consignees; (3) the 

eligible destination to which the items 

were reexported; (4) the quantity of such 

items; (5) the value of such items; and 

(6) the ECCNs of such items.; 

In addition, as provided in revised 

paragraph 748.15(f)(1)(ii), Data Center 

Validated End Users must submit 

reports to BIS semiannually. For Data 

Center Validated End Users, 

Authorizations will specify that each 

report must include, as appropriate, 

information such as: (1) a record of 

current inventory of eligible items 

received; (2) dates of when eligible 

items were received and by whom; (3) 

a description of how current compute is 

being utilized; and (4) a list of current 

customers with a description of their 

utilization. 

Deadlines for the various reports are 

set forth in revised section 

748.15(f)(1)(iii). 

In addition to reporting obligations, 

under revised section 748.15(f)(2), 

exporters, reexporters, and validated 

end users who make use of Data Center 

VEU must maintain and allow review of 

relevant records, including on-site 

reviews of information set forth in 

section 748.15(e) and (f)(1). 

Conforming Amendments 

This rule also makes conforming 

amendments to paragraphs (g) through 

(i) of section 748.15 to reference Data 

Center VEU Authorization. Similarly, 

supplement No. 7 to Part 748 is 

amended by adding a column indicating 

the type of VEU authorization. 

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) (codified, as amended, at 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. In particular, and as 

noted elsewhere, Section 1753 of ECRA 

(50 U.S.C. 4812) authorizes the 

regulation of exports, reexports, and 

transfers (in-country) of items subject to 

U.S. jurisdiction. Further, Section 

1754(a)(1)–(16) of ECRA (50 U.S.C. 

4813(a)(1)–(16)) authorizes, inter alia, 

the establishment of a list of controlled 

items; the prohibition of unauthorized 

exports, reexports, and transfers (incountry); the requirement of licenses or 

other authorizations for exports, 

reexports, and transfers (in-country) of 

controlled items; apprising the public of 

changes in policy, regulations, and 

procedures; and any other action 

necessary to carry out ECRA that is not 

otherwise prohibited by law. Pursuant 

to Section 1762(a) of ECRA (50 U.S.C. 

4821(a)), these changes can be 

implemented through rulemaking 

without prior notice and comment. 

Rulemaking Requirements 

1. This rule is not a significant 

regulatory action for purposes of 

Executive Order 12866, as amended by 

Executive Order 14094. 

2. Notwithstanding any other 

provision 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 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 collections previously 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System, which 

includes, among other things, license 

applications and commodity 

classifications, and carries a burden 

estimate of 29.4 minutes for a manual or 

electronic submission for a total burden 

estimate of 33,133 hours. Total license 

applications associated with the PRA 

and OMB control number 0694–0088 

are expected to be ten as a result of this 

rule. Therefore, the change in burden 

hours associated with the information 

collection requirements of this rule is 

not expected to exceed that approved 

for OMB control number 0694–0088. 

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 (50 

U.S.C. 4801–4852), 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 

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. 

■ 2. Revise § 748.15 to read as follows: 

§ 748.15 Authorization Validated End-User 

(VEU). 

Authorization Validated End-user 

(VEU) includes two types of VEUs: 

General VEU Authorization and Data 

Center VEU Authorization. General VEU 

Authorizations permit the export, 

reexport, and transfer to validated endusers of any eligible items that will be 

used in a specific eligible destination. 

Data Center VEU Authorizations permit 

the export and reexport to validated 

end-users of any eligible items that will 

be used in specific data centers. In 

country transfers are not permitted 

under Data Center VEU Authorization 

unless the transfer (in-country) is to a 

VEU authorized location by the same 

VEU. Reexports by a VEU require 

separate authorization. Validated endusers are those who have been 

previously approved by BIS pursuant to 

the requirements of this section. To be 

eligible for authorization VEU, 

exporters, reexporters, and validated 

end-user applicants must adhere to the 

conditions and restrictions set forth in 

paragraphs (a) through (f) of this section. 

If a request for VEU authorization for a 

particular end-user is not granted, no 

new license requirement is triggered. In 

addition, such a result does not render 

the end-user ineligible for license 

approvals from BIS. 

(a)(1) Eligible end-users for General 

VEU Authorizations and Data Center 

VEU Authorizations. The only end-users 

to whom eligible items may be exported, 

reexported, or transferred under a 

General VEU Authorization or exported 

or reexported under a Data Center VEU 

Authorization are those validated endusers identified in supplement no. 7 to 

part 748, according to the provisions in 

this section and those set forth in 

supplement nos. 8 and 9 to this part that 

have been granted VEU status by the 

End-User Review Committee (ERC) 

according to the process set forth in 

supplement no. 9 to this part. 


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80084 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

(2) Requests for authorizations. To 

apply for a General VEU Authorizations 

or Data Center VEU Authorization 

requests for authorization must be 

submitted in the form of an advisory 

opinion request, as described in 

§ 748.3(c), and must include a list of 

items (items for purposes of 

authorization VEU include 

commodities, software and technology, 

except as excluded by paragraph (c) of 

this section), identified by ECCN, that 

exporters or reexporters intend to 

export, reexport or transfer to an eligible 

end-user, once approved. To ensure a 

thorough review, requests for VEU 

authorization must include the 

information described in supplement 

no. 8 to this part. Requests for 

authorization will be accepted from 

exporters, reexporters, or end-users. 

Submit the request to: The Office of 

Exporter Services, Bureau of Industry 

and Security, U.S. Department of 

Commerce, 14th Street and 

Pennsylvania Avenue NW, Room 

2099B, Washington, DC 20230. Mark the 

package ‘‘Request for [insert either 

‘‘General’’ or ‘‘Data Center,’’ as 

appropriate] Authorization Validated 

End-user.’’ 

(3) Conditions and Restrictions. In 

evaluating an end user for eligibility 

under authorization VEU, the ERC will 

consider a range of information, 

including but not limited to such factors 

as: the end user’s record of exclusive 

engagement in appropriate end-use 

activities; the end user’s compliance 

with U.S. export controls; the need for 

an on-site review prior to approval; the 

end user’s capability of complying with 

the requirements of authorization VEU, 

the ability of the end user to guard 

against both the misuse and diversion of 

computing resources; the end user’s 

technology roadmap; the end user’s 

technology control plan; the end user’s 

agreement to on-site reviews by 

representatives of the U.S. Government 

to ensure adherence to the conditions of 

the VEU authorization; and the end 

user’s relationships with U.S. and 

foreign companies. In addition, when 

evaluating the eligibility of an end user, 

the ERC will consider the status of the 

eligible destination country’s export 

controls and the support and adherence 

to multilateral export control regimes of 

the government of the eligible 

destination. 

(4) VEU Status. The VEU 

authorization is subject to revision, 

suspension, or revocation entirely or in 

part. 

(5) Continuing Representations. 

Information submitted in a VEU request 

is deemed to constitute continuing 

representations of existing facts or 

circumstances. Any material or 

substantive change relating to the 

authorization must be promptly 

reported to BIS, whether VEU 

authorization has been granted or is still 

under consideration. 

(b) Eligible destinations—(1) General 

VEU Authorizations. General VEU 

Authorizations may be used for the 

following destinations: 

(i) The People’s Republic of China. 

(ii) India. 

(2) Data Center VEU Authorizations. 

Data Center VEU Authorizations may be 

used for any destination for which a 

license is required for ECCN 3A090, 

4A090 items, and .z items in Categories 

3, 4, and 5, except for destinations in 

Country Groups D:5 countries. 

(c) Item restrictions. (1) Items 

controlled under the EAR for missile 

technology (MT) and crime control (CC) 

reasons may not be exported or 

reexported under General or Data Center 

VEU Authorizations. 

(2) Eligible items for Data Center VEU 

Authorizations are all those items on the 

Commerce Control List, that require a 

license to the destination excluding 

‘‘600 series’’ items, and are necessary for 

a data center. 

(d) End-use restrictions—(1) General 

VEU Authorizations. Items obtained 

under General VEU Authorizations 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) and (a)(2) 

of the EAR 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) and (a)(2) 

of the EAR. Items obtained under 

General VEU Authorizations in India 

may be used for either civil or military 

end uses and may not be used for any 

activities described in part 744 of the 

EAR. Exports, reexports, or transfers 

made under authorization VEU may be 

made to an end user listed in 

supplement No. 7 to this part only if the 

items will be consigned to and for use 

by the validated end user. Eligible endusers who obtain items under VEU may 

only: 

(i) Use such items at the end-user’s 

own facility located in an eligible 

destination or at a facility located in an 

eligible destination over which the enduser demonstrates effective control; 

(ii) Consume such items during use; 

or 

(iii) Transfer or reexport such items 

only as authorized by BIS. 

(2) Data Center VEU Authorizations. 

Items obtained under Data Center VEU 

Authorizations may not be used for any 

activities described in part 744 of the 

EAR. Eligible validated end users who 

obtain items under VEU may only: 

(i) Use such items at the end user’s 

own facility located in an authorized 

destination; 

(ii) Consume such items during use; 

or 

(iii) Reexport such items by a Data 

Center VEU is permitted only as 

specifically authorized by BIS. In 

country transfers are not permitted 

under Data Center VEU Authorization 

unless the transfer (in-country) is to a 

VEU authorized location by the same 

VEU. 

Note 1 to paragraph (d): Authorizations set 

forth in supplement no. 7 to this part are 

country-specific. Authorization as a validated 

end-user for one country specified in 

paragraph (b) of this section does not 

constitute authorization as a validated enduser for any other country specified in that 

paragraph. 

(e) Certification and recordkeeping. 

Prior to an initial export or reexport to 

a validated end-user under General or 

Data Center VEU Authorization, 

exporters or reexporters must obtain 

certifications from the validated enduser regarding end-use and compliance 

with VEU requirements. Such 

certifications must include the contents 

set forth in supplement no. 8 to this 

part. Certifications and all records 

relating to VEU must be retained by 

exporters or reexporters in accordance 

with the recordkeeping requirements set 

forth in part 762 of the EAR. 

(f) Reporting and review 

requirements—(1) Reports. (i) Reexport 

Information Required for both Types of 

VEU Authorizations. Reexporters who 

make use of General VEU 

Authorizations are required to submit 

annual reports to BIS. Reexporters who 

make use of Data Center VEU 

Authorizations are required to submit 

semi-annual reports to BIS. For either 

authorization, reexporters must include, 

for each validated end user to whom the 

exporter or reexporter exported or 

reexported eligible items: 

(A) The name and address of each 

validated end-user to whom eligible 

items were reexported; 

(B) The eligible destination to which 

the items were reexported; 

(C) The quantity of such items; 

(D) The value of such items; and 

(E) The ECCN(s) of such items. 

(ii) End User Reports for Data Center 

VEU Authorizations. End users who 

make use of Data Center VEU 

Authorizations must submit reports to 

BIS semi-annually. End users must 

submit the following information, 

including, as appropriate: 

(A) A record of current inventory of 

eligible items received; 


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(B) Dates of when eligible items were 

received and by whom; 

(C) A description of how current 

compute is being utilized; and 

(D) A list of current customers with a 

description of their utilization. 

(iii) Deadlines. For reexporters 

making use of General VEU 

Authorization, reports are due by 

February 15 of each year, and must 

cover the period of January 1 through 

December 31 of the prior year. For 

reexporters and end users making use of 

Data Center VEU Authorization, reports 

are due semiannually: 

(1) The first report is due July 15 of 

each year and must cover the period of 

January 1 through June 30; 

(2) The second report is due January 

15 and must cover the period from June 

30 to December 31 of the previous year. 

(iii) Reports must be sent to: Office of 

Exporter Services, Bureau of Industry 

and Security, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW, Room 2099B, Washington, 

DC 20230. Mark the package ‘‘General 

Authorization Validated End-User 

Report’’ or ‘‘Data Center Authorization 

Validated End-user Report.’’ 

(2) Reviews. Records related to 

activities covered by General or Data 

Center VEU Authorizations that are 

maintained by exporters, reexporters, 

transferors, and validated end-users 

who make use of authorization VEU will 

be reviewed on a periodic basis. Upon 

request by BIS, exporters, reexporters, 

transferors, and validated end-users 

must allow review of records, including 

on-site reviews covering the information 

set forth in paragraphs (e) and (f)(1) of 

this section. 

(g) Notification requirement. 

Exporters and reexporters shipping 

under General or Data Center VEU 

Authorizations and persons transferring 

(in-country) under General VEU 

Authorization are required to provide 

the VEUs to which they are shipping or 

transferring notice of the shipment or 

transfer. Such notification must be 

conveyed to the VEU in writing and 

must include a list of the VEUauthorized contents of the shipment or 

transfer and a list of the ECCNs under 

which the VEU-authorized items in the 

shipment or transfer are classified, as 

well as a statement that the items are 

being, will be, or were shipped or 

transferred pursuant to relevant VEU 

Authorization. Notification of the 

export, reexport or transfer (in-country) 

to the VEU must be made within a 

timeframe agreed to in writing by the 

VEU and the person exporting, 

reexporting or transferring (in-country). 

The VEU and the person exporting, 

reexporting or transferring (in-country) 

must agree to the notification timeframe 

prior to the initial shipment or transfer 

under the VEU Authorizations. 

Depending on the agreement between 

the VEU and the person exporting, 

reexporting or transferring (in-country), 

a notification may be for individual 

shipments or for multiple shipments. 

Exporters, reexporters and VEUs are 

required to maintain the notifications 

they send or receive in accordance with 

their recordkeeping requirements. 

(h) Termination of Conditions on VEU 

Authorizations. VEUs that are subject to 

item-specific conditions and have 

received items subject to such 

conditions under General or Data Center 

VEU Authorizations are no longer 

bound by the conditions associated with 

the items if the items no longer require 

a license for export or reexport to the 

PRC, India, or data center location, as 

applicable, or become eligible for 

shipment under a license exception to 

the destination. Items that become 

eligible for a license exception are 

subject to the terms and conditions of 

the applicable license exception and the 

restrictions in § 740.2 of the EAR. Items 

that become eligible for export without 

a license and that remain subject to the 

EAR may only be exported, reexported, 

transferred (in-country) or disposed of 

in accordance with the requirements of 

the EAR. Termination of VEU 

conditions does not relieve a validated 

end-user of its responsibility for 

violations that occurred prior to the 

availability of a license exception or 

prior to the removal of license 

requirements. 

(i) Records. Records of items that were 

shipped under General or Data Center 

VEU Authorizations prior to the 

removal of a license requirement or the 

availability of a license exception 

remain subject to the review 

requirements of paragraph (f)(2) of this 

section on and after the date that the 

license requirement was removed or the 

license exception became applicable. 

■ 3. Revise Supplement No. 7 to part 

748 to read as follows: 


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80086 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

SUPPLEMENT NO. 7 TO PART 748—VALIDATED END-USER (VEU) AUTHORIZATION: LIST OF VALIDATED END-USERS, 

RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT, AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS

VEU Type 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). 

General .......... 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 and 4E001 

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

ECCN 4A003.b through .g).

Advanced Micro Devices 

(Shanghai) Co., Ltd., Buildings 33 (Unit 1), 46, 47, 48 

& 49, River Front Harbor, 

Zhangjiang Hi-Tech Park, 

No. 1387 Zhang Dong 

Road, Pudong District, 

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 3319, 1/16/13. 

81 FR 40785, 6/23/ 

16. 

88 FR 73496, 10/25/ 

23. 

General .......... ................... Advanced Micro-Fabrication Equipment, 

Inc., China.

2B230, 3B001.a.2, and 

3B001.e (items classified 

under ECCNs 3B001.a.2, 

and 3B001.e are limited to 

components and accessories).

Advanced Micro-Fabrication 

Equipment, Inc., 188 

Taihua Road, Jinqiao Export Processing Zone 

(South Area), Pudong, 

Shanghai 201201, China.

78 FR 41291, 7/10/ 

13. 80 FR 65932, 

10/28/15. 

General .......... ................... Applied Materials 

(China), Inc.

These Items Authorized for 

those Applied Materials 

Destinations Identified by 

one asterisk (*): 2B006.b, 

2B230, 2B350.g.3, 

2B350.i, 3B001.a, 

3B001.b, 3B001.e, 

3B001.f, 3C001, 3C002, 

3D002 (limited to ‘‘software’’ specially designed 

for the ‘‘use’’ of stored program controlled items classified under ECCN 3B001).

* Applied Materials South 

East Asia Pte. Ltd.— 

Shanghai Depot, c/o 

Shanghai Applied Materials 

Technical Service Center, 

No. 2667 Zuchongzhi 

Road, Shanghai, China 

201203.

* Applied Materials South 

East Asia Pte. Ltd.—Beijing Depot, c/o Beijing Applied Materials Technical 

Service Center, No. 1 

North Di Sheng Street, 

BDA, Beijing, China 

100176.

72 FR 59164, 10/19/ 

07. 74 FR 19382, 

4/29/09. 75 FR 

27185, 5/14/10. 77 

FR 10953, 2/24/12. 

80 FR 65932, 10/ 

28/15. 

* Applied Materials South 

East Asia Pte. Ltd.—Wuxi 

Depot, c/o Sinotrans 

Jiangsu Fuchang Logistics 

Co., Ltd., 1 Xi Qin Road, 

Wuxi Export Processing 

Zone, Wuxi, Jiangsu, 

China 214028.

* Applied Materials South 

East Asia Pte. Ltd.— 

Wuhan Depot, c/o Wuhan 

Optics Valley Import & Export Co., Ltd., No. 101 

Guanggu Road, East Lake 

High-Tec Development 

Zone, Wuhan, Hubei, 

China 430074.

* Applied Materials (China), 

Inc.—Shanghai Depot, No. 

2667, Zuchongzhi Road, 

Shanghai, China 201203.


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SUPPLEMENT NO. 7 TO PART 748—VALIDATED END-USER (VEU) AUTHORIZATION: LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT, AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS— 

Continued 

VEU Type Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register citation 

* Applied Materials (China), 

Inc.—Beijing Depot, No. 1 

North Di Sheng Street, 

BDA, Beijing, China 

100176.

These Items Authorized for 

the Applied Materials Destination Identified by two 

asterisks (**): 2B006.b, 

2B230, 2B350.g.3, 

2B350.i, 3B001.a, 

3B001.b, 3B001.e, 

3B001.f, 3C001, 3C002, 

3D002 (limited to ‘‘software’’ specially designed 

for the ‘‘use’’ of stored program controlled items classified under ECCN 3B001), 

and 3E001 (limited to 

‘‘technology’’ according to 

the General Technology 

Note for the ‘‘development’’ 

or ‘‘production’’ of items 

controlled by ECCN 

3B001).

** Applied Materials (Xi’an) 

Ltd., No. 28 Xin Xi Ave., 

Xi’an High Tech Park, Export Processing Zone, 

Xi’an, Shaanxi, China 

710075.

This item is authorized for 

those Applied Materials 

Destination Identified by 

three asterisks (***): 3E001 

(limited to ‘‘technology’’ according to the General 

Technology Note for the 

‘‘development’’ or ‘‘production’’ of items controlled by 

ECCN 3B001).

*** Applied Materials (China), 

Inc.—Headquarters, 1388 

Zhangdong Road, Bldg. 

22, Zhangjiang Hi-Tech 

Park, Pudong, Shanghai, 

201203, China.

General .......... ................... Boeing Tianjin Composites Co. Ltd.1B001.f, 1D001 (limited to 

‘‘software’’ specially designed or modified for the 

‘‘use’’ of equipment controlled by 1B001.f), 

2B001.b.2 (limited to machine tools with accuracies 

no better than (i.e., not 

less than) 13 microns), 

2D001 (limited to ‘‘software,’’ other than that controlled by 2D002, specially 

designed or modified for 

the ‘‘use’’ of equipment 

controlled by 2B001.b.2), 

and 2D002 (limited to 

‘‘software’’ for electronic 

devices, even when residing in an electronic device 

or system, enabling such 

devices or systems to 

function as a ‘‘numerical 

control’’ unit, capable of 

coordinating simultaneously more than 4 axes 

for ‘‘contouring control’’ 

controlled by 2B001.b.2).

Boeing Tianjin Composites 

Co. Ltd., 4566 Hebei 

Road, Marine Hi-Tech Development Area, Tanggu 

District, Tianjin, China 

300451.

72 FR 59164, 10/19/ 

07. 74 FR 19382, 

4/29/09. 77 FR 

10953, 2/24/12. 77 

FR 40258, 7/9/12. 

81 FR 61106, 9/6/ 

16. 


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80088 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

SUPPLEMENT NO. 7 TO PART 748—VALIDATED END-USER (VEU) AUTHORIZATION: LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT, AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS— 

Continued 

VEU Type Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register citation 

General .......... ................... CSMC Technologies 

Corporation.

1C350.c.4, 1C350.c.12, 

2B230.a, 2B230.b, 

2B350.f, 2B350.g, 

2B350.h, 3B001.e, 

3B001.h (except for multilayer masks with a phase 

shift layer designed to 

produce ‘‘space qualified’’ 

semiconductor devices), 

3C002.a, and 3C004.

CSMC Technologies Fab 1 

Co., Ltd., 14 Liangxi Road, 

Wuxi, Jiangsu 214061, 

China CSMC Technologies 

Fab 2 Co., Ltd., 8 Xinzhou 

Rd., Wuxi National New 

Hi-Tech Industrial Development Zone, Wuxi, Jiangsu 

214028, China.

76 FR 2802, 1/18/11. 

76 FR 37634, 6/28/ 

11. 77 FR 10953, 

2/24/12. 78 FR 

23472, 4/19/13. 78 

FR 32981, 6/3/13. 

General .......... ................... Intel Semiconductor 

(Dalian) Ltd.

These items authorized for 

the Intel destination identified by one asterisk (*): 

1A004, 1C006.d, 2A226, 

2B006.b, 2B230, 2B231, 

2B350, 3A233.a, 3B001 

(except for multilayer 

masks with a phase shift 

layer designed to produce 

‘‘space qualified’’ semiconductor devices), 3C002, 

3E002 (excluding development and production technology specific to digital 

signal processors and digital array processors and 

further limited to ‘‘technology’’ based on the international technology roadmap for semiconductors 

(ITRS)), and 4E001(limited 

to technology for computer 

products or components 

not exceeding an adjusted 

peak performance (APP) 

level of 12.0 weighted 

teraflops).

* Intel Semiconductor (Dalian) 

Ltd., No. 109 Huai He 

Road East, Dalian Economic and Technology Development Area, Dalian, 

Liao Ning Province, 

116600, China.

78 FR 54754, 9/6/13. 

81 FR 85145, 11/ 

25/16. 

These items authorized for 

the Intel destination identified by two asterisks (**): 

1A004, 1C006.d, 2A226, 

2B006.b, 2B230, 2B231, 

2B350, 3A233.a, 3B001 

(except for multilayer 

masks with a phase shift 

layer designed to produce 

‘‘space qualified’’ semiconductor devices), and 

3C002.

** Intel Semiconductor 

(Dalian) Ltd., c/o Dalian 

Kintetsu Logistics Co., Ltd, 

Dayaowan Bonded Port 

No. 6 Road W4 Unit A1, 

Dalian Economic and 

Technology Development 

Area, Dalian, Liao Ning 

Province, 116601, China.


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80089 

SUPPLEMENT NO. 7 TO PART 748—VALIDATED END-USER (VEU) AUTHORIZATION: LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT, AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS— 

Continued 

VEU Type Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register citation 

General .......... ................... Lam Research Service Co., Ltd.These Items Authorized for 

those Lam’s Destinations 

Identified by a single asterisk (*): 

2B230, 2B350.c, 2B350.d, 

2B350.g, 2B350.h, 

2B350.i, and 3B001.e (limited to installation, warranty 

maintenance/repair, or 

maintenance/repair service 

of semiconductor manufacturing equipment manufactured by Lam, and items 

classified under ECCN 

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.e)), 3D002 (limited 

to ‘‘software’’ (excluding 

source code) specially designed for the ‘‘use’’ of 

equipment controlled by 

ECCN 3B001.e)), and 

3E001 (limited to ‘‘development’’ ‘‘technology’’ according to the General 

Technology Note of a type 

of equipment classified 

under ECCN 3B001.e).

* Lam Research International 

Sarl (Lam Beijing Warehouse), c/o Beijing Lam 

Electronics Tech Center, 1 

Building, No. 28, Jinghai 

Second Road, BDA, Beijing, China 100176.

* Lam Research International 

Sarl (Lam Beijing Warehouse), c/o Beijing STE 

International Logistics Co., 

Ltd., Building 3, No. 9 Ke 

Chuang Er Street Beijing 

Economic & Technological 

Development Area, Beijing, 

China 100176.

* Lam Research International 

Sarl (Lam Beijing Warehouse), c/o China International Electronic Service 

Company, 1 Building, No. 

28, Jinghai Second Road, 

BDA, Beijing, China 

100176.

* 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 (Lam Dalian Warehouse), c/o Liaoning JD 

Logistics International Co., 

Ltd., Dalian Bonded Logistics Port, W5–B8, No. 6, 

Road #3, Dalian, China 

116600.

72 FR 59164, 10/19/ 

07, 74 FR 19382, 

4/29/09. 77 FR 

10953, 2/24/12. 77 

FR 40258, 7/9/12. 

82 FR 48929, 10/ 

23/17. 

* Lam Research International 

Sarl (Lam Dalian Warehouse), c/o Liaoning JD 

Logistics International Co., 

Ltd., Dalian Bonded Logistics Zone No. 1 Public 

Warehouse Dalian, China 

116600.

* Lam Research International 

Sarl (Lam Shanghai Warehouse), c/o HMG Supply 

Chain (Shanghai) Co., Ltd., 

No. 633, Shangfeng Road, 

Pudong New District, 

Shanghai, China 201201.

* Lam Research International 

Sarl (Lam Shanghai Warehouse), c/o Regal Harmony Logistics Co., Ltd., 

No. 799, Yihua Road, 

Pudong New District, 

Shanghai, China 201299.


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80090 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

SUPPLEMENT NO. 7 TO PART 748—VALIDATED END-USER (VEU) AUTHORIZATION: LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT, AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS— 

Continued 

VEU Type Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register citation 

* Lam Research International 

Sarl (Lam Shanghai Warehouse Operator), c/o 

Shanghai Well-Win Logistics Co., Ltd., No. 2667 

Zuchongzhi Road, Pudong 

New District, Shanghai, 

China.

* 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 Wuhan Warehouse), c/o Wuhan HMG 

Logistics Co., Ltd., Factory 

C101/201, 1–2F Building 1, 

Central China Normal, University Park Road, Wuhan, 

China 430223.

* Lam Research International 

Sarl (Lam Wuxi Warehouse), c/o HMG WHL Logistics (Wuxi) Co., Ltd., 

Plot J3–4, No. 5 Gaolang 

East Road, CBZ, New District Wuxi, Wuxi, China 

214208.

* Lam Research International 

Sarl (Lam Xiamen Warehouse), c/o VR Int’l Logistics (Xiamen) Co., Ltd., C3 

Area No. 3 Warehouse, 

No. 1007 West Fangshan 

Road, Bonded Logistics 

Center (Type B) Xiang’an 

District, Xiamen, China 

361101.

* Lam Research International 

Sarl (Lam Xi’an Warehouse), c/o VR International Logistics (Xi’an) 

Co., Ltd., No. 28 Information Road, EPZ B Zone, 

Xi’an New District, Xi’an, 

China 710119.

* Lam Research International 

Sarl (Wuxi EPZ Bonded 

Warehouse), c/o HMG 

WHL Logistics (Wuxi) Co., 

Ltd., 1st Floor, Area 4, No. 

1, Plot J3, No. 5 Gaolang 

East Road, Export Processing Zone, Wuxi, 

Jiangsu, China 214028.


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80091 

SUPPLEMENT NO. 7 TO PART 748—VALIDATED END-USER (VEU) AUTHORIZATION: LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT, AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS— 

Continued 

VEU Type Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register citation 

These Items Authorized for 

those Lam’s Destinations 

Identified by double asterisks (**): 2B230, 2B350.c, 

2B350.d, 2B350.g, 

2B350.h, 2B350.i, and 

3B001.e (limited to installation, warranty maintenance/repair, or maintenance/repair service of 

semiconductor manufacturing equipment manufactured by Lam, and items 

classified under ECCN 

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.e)), 3D002 (limited 

to ‘‘software’’ (excluding 

source code) specially designed for the ‘‘use’’ of 

equipment controlled by 

ECCN 3B001.e)), and 

3E001 (limited to ‘‘development’’ ‘‘technology’’ or 

‘‘production’’ ‘‘technology’’ 

according to the General 

Technology Note of a type 

to support integration, assembly (mounting), inspection, testing, and quality 

assurance of equipment 

classified under ECCN 

3B001.e)).

** Lam Research Service 

Co., Ltd. (Shanghai), 1st 

Floor, Area C, Hua Hong 

Science & Technology 

Park, 177 Bi Bo Road, 

Zhangjiang Hi-Tech Park, 

Pudong New District, 

Shanghai, China 201203.

** Lam Research Service 

Co., Ltd. (Xiamen), Room 

705A, Qiangye Building, 

Xiang’an Industrial Park, 

Xiamen Torch Hi-tech 

Zone, Xiamen, China 

361115.

** Lam Research Service 

Co., Ltd. (Beijing Branch), 

6th Floor, Building 52, No. 

2, Jingyuan North Street, 

Beijing Economic & Technological Development 

Area, Beijing, China 

100176.

** Lam Research Service 

Co., Ltd. (Dalian Branch), 

Units 01, 02, 13, 10th 

Floor, Jinma International 

Building, No. 1 Yongde 

Street, Dalian, China 

116620.

** Lam Research Service 

Co., Ltd. (Lam Dalian Representative Office), c/o 

Intel Semiconductor 

(Dalian) Ltd., No. 109 

Huaihe Road East, Dalian 

Economic & Technical Development Area, Dalian, 

China 116600.

** Lam Research Service 

Co., Ltd. (Wuhan Representative Office), Room 

302, Guanggu Software 

Park Building E4, No. 1 

Guanshan Road, Wuhan, 

Hubei Province, China 

430074.

** Lam Research Service 

Co., Ltd. (Wuxi Branch), 

Room 302, Building 6, 

Singapore International 

Park, No. 89 Xing Chuang 

Si Road, Wuxi New District, Wuxi, Jiangsu, China 

214028.

** Lam Research Service 

(Shanghai) Co., Ltd. (Xi’an 

Branch), Room 602, Building G, Wangzuo Xiandai 

City, 35 Tangyan Road, 

Gaoxin District, Xi’an, 

China 710065.


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80092 Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 

SUPPLEMENT NO. 7 TO PART 748—VALIDATED END-USER (VEU) AUTHORIZATION: LIST OF VALIDATED END-USERS, RESPECTIVE ITEMS ELIGIBLE FOR EXPORT, REEXPORT, AND TRANSFER (IN-COUNTRY), AND ELIGIBLE DESTINATIONS— 

Continued 

VEU Type Country Validated end-user Eligible items 

(by ECCN) Eligible destination Federal Register citation 

General .......... ................... 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 71480, 10/ 

17/23. 

General .......... ................... Shanghai Huahong 

Grace Semiconductor Manufacturing Corporation.

1C350.c.4, 1C350.d.14, 

2B230, 2B350.d.2, 

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

3B001.a.1, 3B001.b, 

3B001.e, 3B001.f, 

3B001.h, 3C002, 3C004, 

5B002, and 5E002 (controlled by ECCNs 5A002.a 

through .e, 5A004.a 

through .b, or 5A992.c that 

have been successfully reviewed under the 

encryption review process 

specified in Sections 

740.17(b)(2) or 

740.17(b)(3) of the EAR).

Shanghai Huahong Grace 

Semiconductor Manufacturing Corporation—HFab 

2, 668 Guoshoujing Road, 

Zhangjiang Hi-Tech Park, 

Shanghai 201203 China.

Shanghai Huahong Grace 

Semiconductor Manufacturing Corporation—HFab 

1, 1188 Chuanqiao Road, 

Pudong, Shanghai 201206 

China.

Shanghai Huahong Grace 

Semiconductor Manufacturing Corporation— 

GFab1, 1399 Zuchongzhi 

Road, Zhangjiang Hi-Tech 

Park, Shanghai 201203 

China.

78 FR 32981, 6/3/13. 

88 FR 73496, 10/ 

25/23. 

General .......... ................... 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’’ therefor, 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).

SK hynix Semiconductor 

(China) Ltd., Lot K7, Wuxi 

High-tech Zone, Comprehensive Bonded Zone, 

Wuxi New District, Jiangsu 

Province, China 214028.

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 71478, 10/ 

17/23. 

General .......... India ............... GE India Industrial 

Pvt Ltd.

1C002.a.1, 1C002.a.2, 

1C002.b.1.a, 1C002.b.1.b, 

1E001, 2E003.f, 

9E003.a.1, 9E003.a.2, 

9E003.a.4, 9E003.a.5, 

9E003.a.6, 9E003.a.8, and 

9E003.c.

GE India Technology Centre 

Private Limited (GEITC), 

No. 122, EPIP, Phase II, 

Hoodi Village, Whitefield 

Road, Bangalore 560066, 

Karnataka, India.

Bangalore Engineering Center (BEC), c/o GE India 

Technology Centre Private 

Limited (GEITC), No. 122, 

EPIP, Phase II, Hoodi Village, Whitefield Road, 

Bangalore 560066, 

Karnataka, India.

74 FR 31620, 7/2/09. 

74 FR 68147, 12/ 

23/09. 77 FR 

10953, 2/24/12. 


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Federal Register / Vol. 89, No. 191 / Wednesday, October 2, 2024 / Rules and Regulations 80093 

■ 4. Revise Supplement No. 8 to part 

748 to read as follows: 

Supplement No. 8 to Part 748— 

Information Required in Requests for 

VEU Authorization 

VEU authorization applicants must provide 

to BIS certain information about the 

prospective and related respective validated 

end-user. This information must be included 

in requests for authorization submitted by 

prospective validated end-users, or exporters 

or reexporters who seek to have certain 

entities approved as validated end-users. BIS 

may, in the course of its evaluation, request 

additional information. 

A. Required Information for Both General 

and Data Center Validated End-user 

Authorization Requests 

(1) Name of proposed VEU candidates, 

including all names under which the 

candidate conducts business; complete 

company physical address (simply listing a 

post office box is insufficient); telephone 

number; fax number; email address; company 

website (if available); and name of individual 

who should be contacted if BIS has any 

questions. If the entity submitting the 

application is different from the prospective 

validated end-user identified in the 

application, this information must be 

submitted for both entities. If the candidate 

has multiple locations, all physical addresses 

located in the eligible destination must be 

listed. 

(2) Provide an overview of the structure, 

ownership and business of the prospective 

validated end-user. Include a description of 

the entity, including type of business 

activity, ownership, subsidiaries, and jointventure projects, as well as an overview of 

any business activity or corporate 

relationship that the entity has with either 

government or military organizations. 

(3) List the items proposed for VEU 

authorization approval and their intended 

end-uses. Include a description of the items; 

the ECCN for all items, classified to the 

subparagraph level, as appropriate; technical 

parameters for the items including 

performance specifications; and end-use 

description for the items. If BIS has 

previously classified the item, the 

Commodity Classification Automated 

Tracking System (CCATS) number may be 

provided in lieu of the information listed in 

the foregoing provisions of this paragraph. 

(4) Provide the physical address(es) of the 

location(s) where the item(s) will be used, if 

this address is different from the address of 

the prospective validated end-user provided 

in paragraph (1) of this supplement. 

(5) If the prospective validated end-user 

plans to reexport the item, specify the 

destination to which the items will be 

reexported. 

(6) Specify how the prospective validated 

end-user’s record keeping system will allow 

compliance with the recordkeeping 

requirements set forth in § 748.15(e) of the 

EAR. Describe the system that is in place to 

ensure compliance with VEU requirements. 

(7) Include an original statement on 

letterhead of the prospective validated enduser, signed and dated by a person who has 

authority to legally bind the prospective 

validated end-user, certifying that the enduser will comply with all VEU requirements. 

This statement must include 

acknowledgement that the prospective enduser: 

(i) Has been informed of and understands 

that the item(s) it may receive as a validated 

end-user will have been exported in 

accordance with the EAR and that use or 

diversion of such items contrary to the EAR 

is prohibited; 

(ii) Understands and will abide by all 

authorization VEU end-use restrictions, 

including the requirement that items 

received under authorization VEU will only 

be used for authorized end-uses and may not 

be used for any activities described in part 

744 of the EAR unless authorized by 

§ 748.15(d); 

(iii) Will comply with VEU recordkeeping 

requirements; and 

(iv) Agrees to allow on-site reviews by U.S. 

Government officials to verify the end-user’s 

compliance with the conditions of the VEU 

authorization. 

B. Additional Required Information for Data 

Center Validated End-User Authorization 

Requests 

(1) A description of controlled items 

required in the data center and an 

accompanying rationale for why these items 

are required; 

(2) An overview of any business activity or 

corporate relationship that the candidate has 

with either government or military 

organizations; 

(3) An overview of business activities or 

corporate relationships that the candidate has 

with any organization designated on the 

Entity List in Supp. No. 4 to part 744 and/ 

or Military End-User List in Supp. No. 7 to 

part 744; 

(4) Describe physical and logical security 

requirements for each location the controlled 

items will be housed (e.g., around the clock 

monitoring, cybersecurity requirements, 

third-party monitoring; and/or physical 

security); 

(5) A description of the policies and 

procedures governing employees physical 

and logical access to the VEU data center; 

(6) Absent a legal prohibition or other such 

exceptional circumstances, a list of current 

and potential customers of the data center; 

(7) An overview of the data center’s 

information security plan, which should 

include: 

(i) Cybersecurity plan; 

(ii) Logging and monitoring plan; 

(iii) Technology control plan that describes 

how much compute is required for the 

various end uses involved; 

(iv) Baseline cloud configuration and 

identity and access management process for 

tenants, if a cloud provider; 

(v) Personnel security plan; and 

(vi) An incident, identification, 

investigation, and reporting plan; 

(8) An explanation of the network 

infrastructure and architecture and service 

providers; 

(9) An overview of the applicant’s supply 

chain risk management plan that will prevent 

PRC-origin equipment entering the datacenter environment and no PRC vendors are 

in the supply chain; and 

(10) An overview of the applicant’s export 

control training program and compliance 

program procedures. 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2024–22587 Filed 9–30–24; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–0171] 

RIN 1625–AA00 

Safety Zone; Baltimore Harbor, 

Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

waters near Baltimore, Maryland to 

protect the public and vessels from 

potential hazards created by a pollution 

incident in the Patapsco River. 

Additionally, the safety zone is needed 

to ensure a safe working environment 

for the first responders and to prevent 

the spread of pollution by passing 

traffic. This rule will prohibit persons or 

vessels from entering this zone unless 

specifically authorized by the Captain of 

the Port (COTP), Sector MarylandNational Capital Region or a designated 

representative. 

DATES: This rule is effective without 

actual notice from October 2, 2024 to 

October 3, 2024. For purposes of 

enforcement, actual notice will be used 

from September 27, 2024, through 

October 2, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

0171 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LCDR Kate Newkirk, Sector 

Maryland-NCR, Waterways Management 

Branch, U.S. Coast Guard; 410–365– 

8141, MDNCRWaterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 


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