Rule2026-06851
Extension of Authorized Integrated Circuit (IC) Designer Status and Application Deadline To Become an Approved IC Designer
Primary source
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Published
April 9, 2026
Effective
April 7, 2026
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
The Bureau of Industry and Security (BIS) is revising the Export Administration Regulations (EAR) by extending by about eight months the triggering date for authorized integrated circuit designer status and submission date for applications to become an approved integrated circuit (IC) designer. The new date is December 31, 2026.
Full Text
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<title>Federal Register, Volume 91 Issue 68 (Thursday, April 9, 2026)</title>
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[Federal Register Volume 91, Number 68 (Thursday, April 9, 2026)]
[Rules and Regulations]
[Pages 17851-17852]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06851]
[[Page 17851]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 260406-0093]
RIN 0694-AJ98
Extension of Authorized Integrated Circuit (IC) Designer Status
and Application Deadline To Become an Approved IC Designer
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is revising the
Export Administration Regulations (EAR) by extending by about eight
months the triggering date for authorized integrated circuit designer
status and submission date for applications to become an approved
integrated circuit (IC) designer. The new date is December 31, 2026.
DATES: Effective date: The effective date of this rule is April 7,
2026. Extended date to apply to become an approved IC designer:
Applications must be received by December 31, 2026, after which time,
applicants may be considered authorized IC designers for 180 days.
FOR FURTHER INFORMATION CONTACT: Carlos Monroy at 202-482-3246 or by
email: <a href="/cdn-cgi/l/email-protection#b0f3d1c2dcdfc39efddfdec2dfc9f0d2d9c39ed4dfd39ed7dfc6"><span class="__cf_email__" data-cfemail="723113001e1d015c3f1d1c001d0b32101b015c161d115c151d04">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#265456421466444f550842494508414950"><span class="__cf_email__" data-cfemail="fd8f8d99cfbd9f948ed399929ed39a928b">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On January 16, 2025, BIS published an
interim final rule (IFR) (90 FR 5298) (FDD IFR), adding certain
presumptions for ``front-end fabricators'' and ``OSAT'' companies
seeking to export, reexport, or transfer (in-country) certain
``applicable advanced logic integrated circuits'' under ECCN 3A090.a
(see Sec. 742.6(a)(6)(iii)(A) and Note 1 to 3A090.a), unless the
presumption is overcome via Note 1 to 3A090.a. The FDD IFR provided
three ways to overcome the presumption that involve Approved IC
designers, approved ``OSAT'' companies, or via identifying authorized
IC designers with criteria included in Note 1 to 3A090.a. To be listed,
entities must submit requests to BIS and be approved through the End-
user Review Committee (ERC).
This final rule revises Note 1 to ECCN 3A090.a by removing the
April 13, 2026 date wherever it occurs, and replacing it with December
31, 2026. This change will allow entities additional time to apply to
be approved IC designers and allows BIS additional time to process
these applications.
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 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 (in-country); 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 imposed in a
final rule without prior notice and comment.
Rulemaking Requirements
1. BIS has examined the impact of this rule as required by
Executive Orders (E.O.) 12866 and 13563, which direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (e.g., potential economic, environmental, public,
health, and safety effects, distributive impacts, and equity). This
final rule is not significant under Executive Order 12866. Therefore,
E.O. 14192 does not apply.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person 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 (PRA) (44 U.S.C.
3501 et seq.), unless that collection of information displays a
currently valid Office of Management and Budget (OMB) Control Number.
This regulation involves collections of information approved by OMB
under the following control numbers: OMB Control Number 0694-0088-
Simple Network Application Process and Multipurpose Application Form;
OMB Control Number 0694-0096-Five Year Records Retention Period; OMB
Control Number 0694-0137-License Exemptions and Exclusions; OMB Control
Number 0694-0152-Automated Export System (AES) Program.
For OMB control number 0694-0088, Simple Network Application
Process and Multipurpose Application Form, BIS estimates that the
extension included in this final rule will result in a net increase of
75 advisory opinions submitted to BIS with an increase of 38 burden
hours. However, the increase in burden falls within the existing burden
estimates associated with this control number. For OMB Control number
0694-0137, License Exceptions and Exclusions, BIS estimates the
extension included in this final rule will result an increase of 20
approved IC designers, and an increase in 385 burden hours, but the
increase in burden falls within the existing burden estimates
associated with this control number. For OMB Control number 0607-0152,
Automated Export System (AES) Program, BIS expects an increase of 100
submissions, for an increase in 5 burden hours, but the increase in
burden falls within the existing burden estimates associated with this
control numbers. Changes impacting OMB Control Number 0694-0096, Five
Year Records Retention Period, are not expected to result in a change
in burden hours.
3. 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, thisactionis 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 under the APA
(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 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, part 774 of the Export
Administration Regulations (15 CFR parts 730 through 774) is amended as
follows:
PART 774--THE COMMERCE CONTROL LIST
0
1. The authority citation for part 774 continues to read as follows:
[[Page 17852]]
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228.
Supplement No. 1 to Part 774 [Amended]
0
2. In supplement no. 1 to part 774, in ECCN 3A090, amend note 1 to
3A090.a in paragraphs a.(2) and (3) by removing the date ``April 13,
2026'', wherever it occurs, and adding in its place the date ``December
31, 2026.''
Julia A. Khersonsky,
Deputy Assistant Secretary for Strategic Trade.
[FR Doc. 2026-06851 Filed 4-7-26; 4:15 pm]
BILLING CODE 3510-33-P
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