Implementation of Additional Export Controls: Certain Advanced Computing and Semiconductor Manufacturing Items; Supercomputer and Semiconductor End Use; Entity List Modification
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Abstract
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.
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<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 (<a href="http://www.regulations.gov">www.regulations.gov</a>). The <a href="http://regulations.gov">regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
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: <a href="/cdn-cgi/l/email-protection#f5878591c7b5979c86db919a96db929a83"><span class="__cf_email__" data-cfemail="afdddfcb9defcdc6dc81cbc0cc81c8c0d9">[email protected]</span></a>. 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: <a href="/cdn-cgi/l/email-protection#387d6a7b785a514b165c575b165f574e"><span class="__cf_email__" data-cfemail="f1b4a3b2b1939882df959e92df969e87">[email protected]</span></a>.
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
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