[Federal Register Volume 74, Number 126 (Thursday, July 2, 2009)]
[Rules and Regulations]
[Pages 31620-31622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15649]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 748
[Docket No. 0906151047-91048-01]
RIN 0694-AE65
Authorization Validated End-User (VEU): List of Approved End-
Users and Respective Eligible Items for India
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) to include the
initial list of end-users for India approved to receive exports,
reexports and transfers of certain items under Authorization Validated
End-User (VEU). Specifically, this rule amends the EAR to authorize one
VEU in India and identify the respective eligible items for export and
reexport to that VEU's facilities.
DATES: This rule is effective July 2, 2009. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE65, by any
of the following methods:
E-mail: [email protected] Include ``RIN 0694-AE65'' in the
subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy Division,
by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Sheila Quarterman, U.S. Department
of Commerce, Bureau of Industry and Security, Regulatory Policy
Division, 14th Street & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, Attn: RIN 0694-AE65.
Send comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
[email protected] or by fax to (202) 395-7285. Comments
on this collection of information should be submitted separately from
comments on the final rule (i.e., RIN 0694-AE65)--all comments on the
latter should be submitted by one of the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Karen Nies-Vogel, Chairman, 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) 482-3811, or by e-mail to [email protected].
SUPPLEMENTARY INFORMATION:
Background
Authorization Validated End-User (VEU): Initial List of Approved End-
Users, Eligible Items and Destinations for India
Consistent with U.S. Government policy to facilitate trade for
civilian end-users, BIS amended the EAR in a final rule on June 19,
2007 (72 FR 33646) by creating a new authorization for ``validated end-
users'' (VEUs) located in eligible destinations to which eligible items
(commodities, software and technology, except those controlled for
missile technology or crime control reasons) may be exported,
reexported or transferred under a general authorization instead of a
license in conformance with Section 748.15 of the EAR. In a final rule
published in the Federal Register on October 1, 2007 (72 FR 56010,
October 1, 2007), BIS identified India as an eligible destination under
Authorization VEU.
[[Page 31621]]
Authorization VEU would facilitate increased high-technology
exports to companies in India that have a record of using such items
responsibly. VEUs may obtain eligible items that are on the Commerce
Control List without having to wait for their suppliers to obtain
export licenses from BIS. A wide range of items are eligible for
shipment under Authorization VEU. In addition to U.S. exporters,
Authorization VEU may be used by foreign reexporters. Finally, while a
VEU authorization may be revised, suspended or revoked pursuant to
Section 748.15(a)(3), it does not have an expiration date, unlike the
two-year validity period of an export license.
Approved VEU India and Its Respective ``Eligible Items (By ECCN)'' and
``Eligible Destinations''
This final rule amends Supplement No. 7 to Part 748 of the EAR to
identify a company, with eligible facilities, in India as a VEU and to
identify the items that may be exported, reexported or transferred to
it and its approved facilities under Authorization VEU. This new entry
is for GE India. Below are the specific Export Control Classification
Numbers (ECCNs) defining the materials, material and aerospace
technologies, and explosive detection equipment, software and
technology matched to the respective GE India facility names and
addresses. Supplement 7 to Part 748 identifies the ECCNs and facilities
under the headings ``Eligible Items (By ECCN)'' and ``Eligible
Destinations'', respectively:
GE India, AIFACS Bldg., 1 Rafi Marg, New Delhi 110 001 India.
GE India Technology Centre Private Ltd. (GEITC), 122, EPIP, Phase II,
Hoodi Village, Whitefield Road, Bangalore, Karnataka 560066 India,
1C002.a.1, 1C002.a.2, 1C002b.1.a and 1C002.b.1.b, 1E001, 2E983,
9E003.a.1, 9E003.a.4, 9E003.a.5, 9E003.a.6, 9E003.a.8, and 9E003.c.
Bangalore Engineering Centre (BEC), c/o GE India Technology Centre
Private Ltd. (GEITC), 122, EPIP, Phase II, Hoodi Village, Whitefield
Road, Bangalore, Karnataka 560066 India, 1C002.a.1, 1C002.a.2,
1C002.b.1.a, 1C002.b.1.b, 1E001, 9E003.a.1, 9E003.a.2, 9E003.a.4,
9E003.a.5, 9E003.a.6, 9E003.a.8, and 9E003.c.
GE Fanuc Systems PVT Ltd., 90/B Electronics City, Hosur Road, Bangalore
561229 India, 2A983, 2D983.
The VEUs listed in Supplement No. 7 to Part 748 were 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.
Approving this new end-user as a VEU is expected to further
facilitate exports to civil end-users in India. Approval of this
company also represents a significant savings of time for suppliers and
end-users. Authorization VEU will eliminate the burden on exporters and
reexporters of preparing license applications and on BIS for processing
such applications, as exports and reexports will be made under general
authorization instead of under a license. These savings will enable
exporters and reexporters to supply VEUs much more quickly, thus
enhancing the competitiveness of U.S. exporters, as well as
reexporters, and end-users in India.
To ensure appropriate facilitation of exports and reexports, on-
site reviews of the VEUs may be warranted pursuant to paragraph
748.15(a)(2) and Section 7(iv) of Supplement No. 8 to Part 748 of the
EAR. If such reviews are warranted, BIS will inform the Government of
India, as appropriate.
Since August 21, 2001, the Export Administration 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 July 23, 2008 (73 FR 43603, July 25, 2008), 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. This final rule has been determined to be not significant for
the purposes of Executive Order 12866.
2. Notwithstanding any other provisions of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the 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 involves
collections previously approved by the OMB under control number 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748; and for
recordkeeping, reporting and review requirements in connection with
Authorization Validated End-User, 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 and Office of Management
and Budget control number 0694-0088 are not expected to increase
significantly as a result of this rule.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act requiring
notice of proposed rulemaking, the opportunity for public
participation, and a delay in effective date, are inapplicable because
this regulation involves a military and foreign affairs function of the
United States (5 U.S.C. 553(a)(1)). Further, 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 to be given for
this rule under the Administrative Procedure Act or by any other law,
the analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable. Therefore, this regulation is issued
in final form. Although there is no formal comment period, public
comments on this regulation are welcome on a continuing basis. Comments
should be submitted to Sheila Quarterman, Regulatory Policy Division,
Bureau of Industry and Security, U.S. Department of Commerce, 14th
Street & Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230
List of Subjects in 15 CFR Part 748
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
0
Accordingly, part 748 of the Export Administrative Regulations (15 CFR
parts 730-774) is amended as follows:
PART 748--[AMENDED]
0
1. The authority citation for 15 CFR Part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR 2001 Comp., p. 783; Notice of July 23, 2008, 73 FR
43603 (July 25, 2008).
0
2. Supplement No. 7 to Part 748 is amended by:
0
a. Adding a new column ``Country'' before the column ``Validated end-
user'';
0
b. Adding ``China (People's Republic of)'' in the ``Country'' column;
and
0
c. Adding an entry for ``India''.
The additions read as follows:
[[Page 31622]]
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
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Eligible items (by
Country Validated end-user ECCN) Eligible destination
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China (People's Republic of)...... * * * * *................. * * * * *............ * * * * *
India............................. GE India.................. ..................... AIFACS Bldg., 1 Rafi
Marg, New Delhi 110 001
India.
For GEITC:
1C002.a.1, GE India Technology
1C002.a.2,. Centre Private Ltd.
1C002b.1.a and (GEITC) 122, EPIP, Phase
1C002.b.1.b. II, Hoodi Village,
1E001, 2E983,........ Whitefield Road,
9E003.a.1, 9E003.a.4, Bangalore, Karnataka
9E003.a.5, 9E003.a.6, 560066 India.
9E003.a.8, and
9E003.c.
For BEC:
1C002.a.1, Bangalore Engineering
1C002.a.2,. Centre (BEC), c/o GE
1C002.b.1.a, India Technology Centre
1C002.b.1.b. Private Ltd. (GEITC),
1E001................ 122, EPIP, Phase II,
9E003.a.1, 9E003.a.2, Hoodi Village,
9E003.a.4, 9E003.a.5, Whitefield Road,
9E003.a.6, 9E003.a.8, Bangalore, Karnataka
and. 560066 India.
9E003.c..............
For GE Fanuc Systems
PVT Ltd.:
2A983............. GE Fanuc Systems PVT
2D983................ Ltd., 90/B Electronics
City, Hosur Road,
Bangalore 561229 India.
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Dated: June 26, 2009.
Matthew S. Borman,
Acting Assistant Secretary for Export Administration.
[FR Doc. E9-15649 Filed 7-1-09; 8:45 am]
BILLING CODE 3510-33-P