[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
----------------------------------------------------------------------------------------------------------------
                                                                  Eligible items (by
              Country                   Validated end-user              ECCN)             Eligible destination
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


    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