[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Rules and Regulations]
[Pages 74966-74967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-26662]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 734, 736, 740, 742, 744, 762, 772, and 774

[Docket No. 220930-0204]
RIN 0694-AI94


Implementation of Additional Export Controls: Certain Advanced 
Computing and Semiconductor Manufacturing Items; Supercomputer and 
Semiconductor End Use; Entity List Modification

AGENCY: Bureau of Industry and Security, U.S. Department of Commerce.

ACTION: Interim final rule; request for comments; extension of comment 
period.

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SUMMARY: On October 13, 2022, the Bureau of Industry and Security (BIS) 
published the interim final rule Implementation of Additional Export 
Controls: Certain Advanced Computing and Semiconductor Manufacturing 
Items; Supercomputer and Semiconductor End Use; Entity List 
Modification. This document extends the deadline for written comments 
to January 31, 2023. This extension is being made to allow for 
commenters to have additional time to review the interim final rule and 
to benefit from the significant amount of public outreach that BIS is 
conducting on the rule in preparing their comments.

DATES: The comment period for the interim final rule published October 
13, 2022, at 87 FR 62186, is extended until January 31, 2023.

ADDRESSES: Comments on this rule may be submitted to the Federal 
rulemaking portal (www.regulations.gov). The regulations.gov ID for 
this rule is: BIS-2022-0025. Please refer to RIN 0694-AI94 in all 
comments.
    All filers using the portal should use the name of the person or 
entity submitting the comments as the name of their files, in 
accordance with the instructions below. Anyone submitting business 
confidential information should clearly identify the business 
confidential portion at the time of submission, file a statement 
justifying nondisclosure and referring to the specific legal authority 
claimed, and provide a non-confidential version of the submission.
    For comments submitted electronically containing business 
confidential information, the file name of the business confidential 
version should begin with the characters ``BC.'' Any page containing 
business confidential information must be clearly marked ``BUSINESS 
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked 
``PUBLIC.'' The file name of the non-confidential version should begin 
with the character ``P.'' Any submissions with file names that do not 
begin with either a ``BC'' or a ``P'' will be assumed to be public and 
will be made publicly available through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: 
    For questions on the license requirements in this interim final 
rule, contact Eileen Albanese, Director, Office of National Security 
and Technology Transfer Controls, Bureau of Industry and Security, 
Department of Commerce, Phone: (202) 482-0092, Fax: (202) 482-482-3355, 
Email: [email protected]. For

[[Page 74967]]

emails, include ``Advanced computing controls'' or ``Semiconductor 
manufacturing items control'' as applicable in the subject line.
    For questions on the Entity List revisions, 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: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On October 13, 2022, the Bureau of Industry and Security (BIS) 
published the interim final rule Implementation of Additional Export 
Controls: Certain Advanced Computing and Semiconductor Manufacturing 
Items; Supercomputer and Semiconductor End Use; Entity List 
Modifications (87 FR 62186), hereinafter the October 7 advanced 
computing and semiconductor manufacturing equipment rule.
    In the rule, BIS amended the Export Administration Regulations 
(EAR) to implement necessary controls on advanced computing integrated 
circuits (ICs), computer commodities that contain such ICs, and certain 
semiconductor manufacturing items. In addition, BIS expanded controls 
on transactions involving items for supercomputer and semiconductor 
manufacturing end uses. For example, the rule expanded the scope of 
foreign-produced items subject to license requirements for twenty-eight 
existing entities on the Entity List that are located in China. BIS 
also informed the public that specific activities of ``U.S. persons'' 
that `support' the ``development'' or ``production'' of certain ICs in 
the PRC require a license. Lastly, to minimize the short-term impact on 
the semiconductor supply chain from the rule, BIS established a 
Temporary General License to permit specific, limited manufacturing 
activities in China related to items destined for use outside China and 
identified a model certificate that may be used in compliance programs 
to assist, along with other measures, in conducting due diligence. The 
October 7 advanced computing and semiconductor manufacturing equipment 
rule also solicits public comments on the changes included in that 
rule.

Extension of Comment Period Deadline

    The October 7 advanced computing and semiconductor manufacturing 
equipment rule included a comment period deadline of December 12, 2022. 
The Department of Commerce has determined at this time that it is 
warranted to extend the comment period through January 31, 2023 to 
allow for commenters to have additional time to review the interim 
final rule and to benefit from the significant amount of public 
outreach that BIS is conducting on the rule in preparing their 
comments. This document specifies that comments may be submitted at any 
time but must be received by January 31, 2023, to be considered.

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2022-26662 Filed 12-5-22; 4:15 pm]
BILLING CODE 3510-33-P