[Federal Register Volume 76, Number 141 (Friday, July 22, 2011)]
[Proposed Rules]
[Pages 43958-43960]
[FR Doc No: 2011-18482]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0589]
RIN 1625-AA00

Safety Zone; Rotary Club of Fort Lauderdale New River Raft Race,
New River, Fort Lauderdale, FL

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone
on the waters of the New River, from Esplanade Park to the Henry Kinney
Tunnel, in Fort Lauderdale, Florida during the Rotary Club of Fort
Lauderdale New River Raft Race. The race is scheduled to take place on
Saturday, November 19, 2011. The temporary safety zone is necessary for
the safety of race participants, participant vessels, spectators, and
the general public during the 550-yard raft race. Persons and vessels
would be prohibited from entering, transiting through, anchoring in, or
remaining within the safety zone unless authorized by the Captain of
the Port Miami or a designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before September 9, 2011. Requests for public meetings must
be received by the Coast Guard on or before August 10, 2011.

ADDRESSES: You may submit comments identified by docket number USCG-
2011-0589 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001.
    (4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section below for instructions on
submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Lieutenant Paul A. Steiner, Sector Miami
Prevention Department, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking (USCG-2011-0589), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online (via http://www.regulations.gov) or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via http://www.regulations.gov, it will be considered
received by the Coast Guard when you successfully transmit the comment.
If you fax, hand deliver, or mail your comment, it will be considered
as having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend that you include your name and
a mailing address, an e-mail address, or a telephone number in the body
of your document so that we can contact you if we have questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
click on the ``submit a comment'' box, which will then become
highlighted in blue. In the ``Document Type'' drop down menu select
``Proposed Rule'' and insert ``USCG-2011-0589'' in the ``Keyword'' box.
Click ``Search'' then click on the balloon shape in the ``Actions''
column. If you submit your comments by mail or hand delivery, submit
them in an unbound format, no larger than 8\1/2\ by 11 inches, suitable
for copying and electronic filing. If you submit comments by mail and
would like to know that they reached the Facility, please enclose a
stamped, self-addressed postcard or envelope. We will consider all
comments and material received during the comment period and may change
the rule based on your comments.

Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
click on the ``read comments'' box, which will then become highlighted
in blue. In the ``Keyword'' box insert ``USCG-2011-0589'' and click
``Search.'' Click the ``Open Docket Folder'' in the ``Actions'' column.
You may also visit the Docket Management Facility in Room W12-140 on
the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. We have an
agreement with the Department of Transportation to use the Docket
Management Facility.

Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

Public meeting

    We do not now plan to hold a public meeting. But you may submit a
request for a public meeting on or before August 10, 2011 using one of
the four methods specified under ADDRESSES. Please explain why you
believe a public meeting would be beneficial. If we determine that one
would aid this rulemaking, we will hold one at a time and place
announced by a later notice in the Federal Register.

Basis and Purpose

    The legal basis for the proposed rule is the Coast Guard's
authority to establish regulated navigation areas and other limited
access areas: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public Law
107-295, 116 Stat. 2064;

Department of Homeland Security Delegation No. 0170.1.
    The purpose of the proposed rule is to ensure the safety of race
participants, participant vessels, spectators, and the general public
during the Rotary Club of Fort Lauderdale New River Raft Race.

Discussion of Proposed Rule

    On November 19, 2011, the Rotary Club of Fort Lauderdale New River
Raft Race will be held on the New River in Fort Lauderdale, Florida.
This event consists of a 550 yard raft race on the New River starting
at Esplanade Park and finishing at the Henry Kinney Tunnel.
Approximately 100 participants are scheduled to compete in the race.
    The proposed rule would establish a temporary safety zone around
the race area of the Rotary Club of Fort Lauderdale New River Raft Race
on the New River, in Fort Lauderdale, Florida. The temporary safety
zone would be enforced from 11:59 a.m. until 2:30 p.m. on November 19,
2011. Persons and vessels would be prohibited from entering, transiting
through, anchoring in, or remaining within the safety zone unless
authorized by the Captain of the Port Miami or a designated
representative. Persons and vessels desiring to enter, transit through,
anchor in, or remain within the safety zone would be able to contact
the Captain of the Port Miami by telephone at<PHONE_NUMBER>, or a
designated representative via VHF radio on channel 16, to request
authorization. If authorization to enter, transit through, anchor in,
or remain within the safety zone were granted by the Captain of the
Port Miami or a designated representative, all persons and vessels
receiving such authorization would have to comply with the instructions
of the Captain of the Port Miami or a designated representative. The
Coast Guard would provide notice of the safety zone by Local Notice to
Mariners, Broadcast Notice to Mariners, and on-scene designated
representatives.

Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, distributive impacts, and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. This NPRM has not been designated a
``significant regulatory action'' under section 3(f) of Executive Order
12866. Accordingly, the NPRM has not been reviewed by the Office of
Management and Budget. A draft regulatory assessment follows:
    The economic impact of this proposed rule is not significant for
the following reasons: (1) The safety zone would be enforced for less
than three hours; (2) although persons and vessels would not be able to
enter, transit through, anchor in, or remain within the safety zone
without authorization from the Captain of the Port Miami or a
designated representative, they would be able to operate in the
surrounding area during the enforcement period; (3) persons and vessels
would still be able to enter, transit through, anchor in, or remain
within the safety zone if authorized by the Captain of the Port Miami
or a designated representative; and (4) the Coast Guard would provide
advance notification of the safety zone to the local maritime community
by Local Notice to Mariners and Broadcast Notice to Mariners.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed rule would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed
rule would not have a significant economic impact on a substantial
number of small entities. This proposed rule may affect the following
entities, some of which may be small entities: the owners or operators
of vessels intending to enter, transit through, anchor in, or remain
within that portion of the New River encompassed within the safety zone
from 11:59 a.m. until 2:30 p.m. on November 19, 2011. For the reasons
discussed in the Executive Order 12866 and Executive Order 13563
section above, this proposed rule would not have a significant economic
impact on a substantial number of small entities.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please contact Lieutenant Paul A.
Steiner, Sector Miami Prevention Department, Coast Guard; telephone
305-535-8724, e-mail<EMAIL_ADDRESS>The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

Collection of Information

    This proposed rule would call for no new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this proposed rule elsewhere
in this preamble.

Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise

have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

Indian Tribal Governments

    This proposed rule does not have Tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian Tribes, on the relationship between the Federal
Government and Indian Tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian Tribes.

Energy Effects

    We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. A preliminary
environmental analysis checklist supporting this determination is
available in the docket where indicated under ADDRESSES. This proposed
rule involves establishing a temporary safety zone, as described in
paragraph 34(g) of the Instruction, on the waters of the New River in
Fort Lauderdale, Florida that will be enforced for less than three
hours. We seek any comments or information that may lead to the
discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    1. The authority citation for part 165 continues to read as
follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703;
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

    2. Add a temporary Sec.  165.T07-0589 to read as follows:

Sec.  165.T07-0589  Safety Zone; Rotary Club of Fort Lauderdale New
River Raft Race, New River, Fort Lauderdale, FL.

    (a) Regulated Area. The following regulated area is a safety zone.
All waters of the New River contained within an imaginary line
connecting the following points: starting at Point 1 in position
26[deg]07'10'' N, 80[deg]08'52'' W; thence southeast to Point 2 in
position 26[deg]07'05'' N, 80[deg]08'34'' W; thence southwest to Point
3 in position 26[deg]07'04'' N, 80[deg]08'35'' W thence northwest to
Point 4 in position 26[deg]07'08'' N, 80[deg]08'52'' W; thence north
back to origin. All coordinates are North American Datum 1983.
    (b) Definition. The term ``designated representative'' means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of the Port Miami in the enforcement of the regulated area.
    (c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area unless authorized by the Captain of the Port Miami or a
designated representative.
    (2) Persons and vessels desiring to enter, transit through, anchor
in, or remain within the regulated area may contact the Captain of the
Port Miami by telephone at<PHONE_NUMBER>, or a designated representative
via VHF radio on channel 16, to request authorization. If authorization
to enter, transit through, anchor in, or remain within the regulated
area is granted by the Captain of the Port Miami or a designated
representative, all persons and vessels receiving such authorization
must comply with the instructions of the Captain of the Port Miami or a
designated representative.
    (3) The Coast Guard will provide notice of the regulated area by
Local Notice to Mariners, Broadcast Notice to Mariners, and on-scene
designated representatives.
    (d) Effective Date. This rule is effective from 11:59 a.m. until
2:30 p.m. on November 19, 2011.

    Dated: July 8, 2011.
G.J. Depinet,
Captain, U.S. Coast Guard, Acting Captain of the Port Miami.
[FR Doc. 2011-18482 Filed 7-21-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: September 28, 2005 (Volume 70, Number 187)]
[Notices]
[Page 56757-56761]
[DOCID:fr28se05-206]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-52475; File No. SR-NYSE-2005-50]

Self-Regulatory Organizations; New York Stock Exchange, Inc.;
Notice of Filing of Proposed Rule Change Relating to Proposed
Amendments to Rules 282 (Mandatory Buy-In), 284 (Procedure for Closing
Defaulted Contract), 289 (Must Receive Delivery), and 290 (Defaulting
Party May Deliver After Notice of Intention To Close)

September 20, 2005.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ notice is hereby given that on July 15, 2005, the New
York Stock Exchange, Inc. (``NYSE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change described
in Items I, II, and III below, which items have been prepared primarily
by the NYSE. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested parties.
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    \1\ 15 U.S.C. 78s(b)(1).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The NYSE hereby proposes an amendment to Rules 282 (``Mandatory
Buy-In''), 284 (``Procedure for Closing Defaulted Contract''), 289
(``Must Receive Delivery''), and 290 (``Defaulting Party May Deliver
After Notice of Intention to Close'') to standardize buy-in rules and
procedures. The proposed rule change is set forth below. Proposed new
language is italicized; proposed deletions are in [brackets].

Rule 282--[Mandatory] Buy-In Procedures

    A contract in securities, [other than] except a contract where its
[the] close-out [of which] is governed by the rules of a Qualified
Clearing Agency, which has not been [fulfilled] completed by the seller
in accordance with its terms, [for a period of thirty calendar days]
may be closed-out by the buyer (i.e., the initiating member
organization) no sooner than three business days after the due date for
delivery, [shall be closed] pursuant to the following procedures:
    (a) [A NOTICE of intention in triplicate] An initiating member
organization (buyer) may deliver a written ``buy-in'' notice [shall be
delivered] to the defaulting member organization [in default] at or
before 12:00 [p.m.] noon ET at least two business days before the
proposed execution of a ``buy-in'' [on the fourth business day prior to
the thirty-first calendar day after the due date of the contract] (the
buy-in execution date shall be referred to as the ``effective date'' of
the notice). [Hereafter, such fourth business day shall be referred to
as the Effective Date of NOTICE. A copy of a receive order] Receipt of
delivery to the defaulting member organization, [issued by a Qualified
Clearing Agency or a stamped comparison must accompany] must be
maintained with the [NOTICE when delivered] notice as part of the
initiating member organization's books and records. [If neither of
these documents is available, then, if possible, other evidence of the
item should accompany the NOTICE.]
    (b) The defaulting member organization receiving the [NOTICE of
intention] ``buy-in'' notice must [indicate on the copies of the
NOTICE] send a signed, written response to the initiating organization
stating its position with respect to the resolution of the item [and
then return, to the initiating organization, a copy signed by a member,
allied member officer or authorized representative of the organization]
no later than 5:00 p.m. ET on [the third business day after the
Effective Date of NOTICE] the date of issuance of the ``buy-in'' notice
(the ``buy-in'' notice date).
    [(c) If the NOTICE is returned to the initiating party ``DK'd,''
the initiating party shall itself ``close-out'' the contract with
reasonable promptness. The party which ``DK'd'' the NOTICE may not seek
to fulfill the contract at a later date. No such ``close-out'' by the
initiating organization shall preclude it from taking action to recover
any resulting damages.]
    ([d] c) If the [NOTICE] ``buy-in'' notice has not been returned by
5:00 p.m. ET on the ``buy-in'' notice date, [duly signed, when due] or
the ``buy-in'' notice is returned as ``DK'd,'' or the [NOTICE] ``buy-
in'' notice is returned with the indication that the contract is known
but that delivery cannot be made, a ``buy-in'' [ORDER in duplicate
shall be sent to the member or organization in default by 9:30 a.m.]
shall be executed on the ``effective date'' by the initiating member
organization by purchasing all or part of the securities necessary to
satisfy the amount requested in the ``buy-in'' notice. [on the thirty-
first calendar day after the due date or, if the Exchange is closed on
such day, on the next day that the Exchange is open for trading.]
    (d) Where the buyer is a customer (other than another member

organization), upon failure of a defaulting member organization to
effect delivery in accordance with a ``buy-in'' notice, the contract
may be closed-out by purchasing for ``cash'' in the best available
market, or at the option of the initiating member organization, for
guaranteed delivery for all or any part of the securities necessary to
complete the contract. ``Buy-ins'' executed in accordance with this
paragraph shall be for the account and risk of the defaulting member
organization.
    (e) [Such ORDER shall be filed on the mandatory ``buy-in'' ORDER
form and shall be understood to be entered as an open order capable of
being executed on a ``cash,'' ``next-day'' or ``regular-way'' basis.]
Every ``buy-in'' notice shall state the date of the contract to be
closed, the quantity and the contract price of the securities covered
by said contract, the settlement date of said contract and any other
information deemed necessary to properly identify the contract to be
closed. Such notice shall state further that `unless delivery of the
underlying securities is effected at or before 3:00 p.m. ET on the
``effective date'' of the ``buy-in'' notice, the security may be
``bought in'' on the date specified for the account of the initiating
member organization.' Each ``buy-in'' notice shall also state the name
and telephone number of the individual authorized to pursue further
discussions concerning the ``buy-in.''
    (f) [The original ORDER will be given for execution to a member of
or a representative designated by the member organization listed on the
order as being in default. Such ORDER shall be executed on that day,
unless (1) a Floor Governor, Senior Floor Official, or Executive Floor
Official shall defer the execution because a fair market in which to
close the contract is not available or (2) the party in default has
physical possession of the security and has notified the member
organization which initiated the ORDER that it intends to make
immediate delivery.] Securities delivered subsequent to the receipt of
the ``buy-in'' notice should be considered as received pursuant to the
``buy-in'' notice. Delivery of the requisite number of shares, as
stated in the ``buy-in'' notice, or execution of the ``buy-in'' will
also operate to close-out all contracts covered under re-transmitted
notices of ``buy-ins'' issued pursuant to the original notice of ``buy-
in,'' pursuant to Rule 285. If a re-transmitted ``buy-in'' is executed,
it will operate to close-out all contracts covered under the re-
transmitted notice. A ``buy-in'' may be executed by the initiating
member organization from its long position and/or from customers'
accounts maintained with such member organization.
    (g) [The member of or a representative designated by the member
organization in default shall render a report of execution to the
member organization initiating the buy-in ORDER or return the original
ORDER indicating the reason for its non-execution. When a Floor
Governor, Senior Floor Official, or Executive Floor Official has
deferred execution, his signature should appear on the ORDER form. (A
Floor report covering any execution should be submitted to the
Information Desk on the Floor together with the ORDER form.)] Prior to
the closing of a contract on which a ``buy-in'' notice has been given,
the initiating member organization shall accept any portion of the
securities called for by the contract, provided the portion remaining
undelivered at the time the initiating member organization proposes to
execute the ``buy-in'' is not an amount which includes an odd-lot which
was not part of the original transaction.
    (h) [The member organization which initiated the ORDER shall take
into consideration the Floor brokerage, in adjusting any money
difference as set forth in Rule 287.] The initiating member
organization executing the ``buy-in'' shall immediately upon execution,
but no later than 5:00 p.m. ET, notify the defaulting member
organization as to the quantity purchased and the price paid. Such
notification shall be in written or electronic form having
contemporaneous receipt capabilities, or if not available, the
telephone shall be used for the purpose of same day notification,
provided that written or similar electronic notification having next
day receipt capabilities must also be sent out simultaneously. In
either case, formal confirmation of purchase along with a billing or
payment, as appropriate, should be forwarded as promptly as possible
after the execution of the ``buy-in.''
    (i) In situations where securities have been delivered by the
defaulting member organization after the ``buy-in'' [ORDER] order was
[filed] placed, the securities may be returned if the ``buy-in'' [ORDER
were] was executed before it could reasonably be cancelled by the
initiating member organization.
    (j) For purposes of this Rule, written notice shall include an
electronic notice through a medium that provides contemporaneous return
receipt capability. Such electronic media shall include but not be
limited to facsimile transmission, a computerized network facility, or
the electronic functionality of a Qualified Clearing Agency, etc.
    [Every reasonable means to borrow securities in order to make
delivery on open contracts shall be employed by member organizations.
If, however, unusual circumstances exist whereby securities cannot be
borrowed, application for suspension of this rule with respect to a
specific contract may be made to The Market Surveillance Division of
the Exchange by the twenty-fifth calendar day after the due date for
delivery. Such application shall set forth the unusual circumstances as
well as the unsuccessful efforts made by the member organization to
borrow securities in order to effect delivery.]
    [If, in the opinion of the Exchange, unusual circumstances exist,
the Exchange may direct that the operation of this Rule be temporarily
suspended for such period of time as it may determine, either with
respect to the market generally, with respect to a specific security or
securities or with respect to a specific contract or contracts, but no
such suspension shall relieve the party in default of any resulting
damages.]

Supplementary Material

    .10 [Paragraph (a) in Rule 282 above requires that the NOTICE of
intention be filed with the defaulting member organization in
triplicate. Copy III should be stamped by the member organization to
whom it is addressed to acknowledge receipt and then returned to and
retained by the initiating party for its own records. When the
defaulting member organization has completed Copy I and Copy II of the
NOTICE, both copies should be returned to the initiating member
organization. Copy II should be stamped by the initiating member
organization to acknowledge receipt and then returned to and retained
by the defaulting party for its own records.
    A defaulted contract shall not be ``bought-in'' by the initiating
party when the defaulting member organization indicates on the returned
form that it has applied for and evidences an Exchange approved
EXEMPTION.]
    Members and member organizations are obligated to comply with the
close-out provisions of Regulation SHO, promulgated under the
Securities Exchange Act of 1934. Specifically, Exchange ``buy-in''
rules (i.e., Rules 282, 283, 285, 286, 287, 288, 289, 290, 291, 292,
293, and 294) do not abrogate a member's or a member organization's
responsibilities or obligations to comply with Regulation SHO, and the
close-out provisions of Rule 203(b)(3).

Rule 284--[Procedure for Closing Defaulted Contract] Reserved

    [A contract in securities other than a contract, the close-out of
which is governed by the rules of a Qualified Clearing Agency which has
not been fulfilled according to the terms thereof may be closed
pursuant to the following procedures.]
    [The ORDER to close-out such contract shall be delivered in
duplicate to the member organization in default and a NOTICE of
intention to make such closing. Every such ORDER and every such NOTICE
shall be in writing, and shall state the name of the member
organization giving the ORDER, the date of the original contract to be
closed, the maturity date of such contract, the quantity and contract
price of the securities covered by said contract, and the name of the
other party thereto.]
    [With respect to contracts, other than ``cash'' contracts to be
closed on the day of the contract, such NOTICE shall be delivered to
the member organization in default prior to forty-five minutes after
delivery time. Unless the Exchange directs otherwise, such ORDER shall
be delivered to the member organization in default between 2:15 and
2:30 p.m. and the contract shall not be closed before 2:35 p.m.]
    [When a contract made for ``cash'' is to be closed on the day of
the contract, the time of the transaction shall be stated on the NOTICE
and the ORDER. Such NOTICE shall be delivered to the member
organization in default prior to the delivery of the ORDER. Such ORDER
shall be delivered to the member organization in default between 2:30
and 2:45 p.m. in the case of transactions effected at or before 2:00
p.m. and within forty-five minutes after the transaction in the case of
transactions effected after 2:00 p.m. No ``cash'' contract to be closed
on the day of the contract shall be closed prior to five minutes after
the delivery time for such contract.]
    [The procedure for execution of buy-in orders and rendering reports
shall be the same as set forth in Rule 282(f), (g) and (h).]
    [The closing of a contract may be deferred by order of a Floor
Official whenever in his opinion a fair market in which to close the
contract is not available, and the Exchange may defer the closing of a
contract if it determines that the default is due to the existence of a
general emergency situation, but no such deferment shall relieve the
party in default of any resulting damages.]

Rule 289--Must Receive Delivery

    When a member or member organization has [given notice of intention
to close a contract for non-delivery] delivered a buy-in notice
pursuant to Rule 282, or has re-transmitted notice thereof as provided
in Rule 285, [he or it] the initiating member organization must receive
and pay for those securities [due upon such contract] subject to the
buy-in notice if tendered [at his or its office] prior to the [closing
of] buy-in of such contract.
    If the person who, pursuant to Rule[s] 282 [or 284], [has in hand
the order to close] is notified prior to the [closing] buy-in by a
defaulting member or member organization that some or all of the
securities (but not less than one trading unit) are in his or its
physical possession and will be promptly delivered, then the order to
[close] buy-in shall not be executed with respect to such securities,
and the initiating member or member organization who has given the
original order to [close] buy-in shall accept and pay for such
securities, if tendered promptly.

Damages for Non-Delivery

    If such securities [be] are not promptly tendered, the defaulting
member or member organization who has stated that they would be
promptly delivered shall be liable for any resulting damages.

Supplementary Material

    10 [Notices.--Notices by the party giving the order, of
cancellations or changes in quantity must be given to the member
organization in default, when given in connection with buy-ins under
Rule 282 at or before 9:30 a.m. or under Rule 284 at or before 2:30
p.m. After the aforementioned times such notices must be given to the
person handling the order on the Floor.
    The member of or representative designated by the member
organization in default should turn over the ORDER together with the
cancellation or changes in quantity of such ORDER to the party giving
the order.
    Notices by the party in default of physical possession of the
securities and intention to make immediate delivery must be given to
the initiating member organization, when given in connection with buy-
ins under Rule 282 at or before 9:30 a.m. or under Rule 284 at or
before 2:30 p.m. After the aforementioned times such notices must be
given to the person handling the order on the Floor.] Reserved.

Rule 290--Defaulting Party May Deliver After ``Buy-In'' Notice [of
Intention to Close]

    A defaulting member or member organization (seller) who has
received a ``buy-in'' notice, pursuant to Rule 282 [of intention to
close a contract], or re-transmitted notice thereof, may deliver the
securities [at the office of] to the initiating member or member
organization (buyer) issuing such notice up to [2:30] 3:00 p.m. ET. [He
or it] The defaulting member organization may deliver such securities
after [2:30] 3:00 p.m. ET on the ``effective date'' of the buy-in
notice if: [notice is given to the Exchange] (i) agreed to by the
initiating member organization, (ii) before the execution of the order
[that he or it] and (iii) when the defaulting member organization has
physical possession of the securities.
* * * * *

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the NYSE included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The NYSE has prepared summaries, set forth in sections
(A), (B), and (C) below, of the most significant aspects of these
statements.\2\
---------------------------------------------------------------------------

    \2\ The Commission has modified the text of the summaries
prepared by the NYSE.
---------------------------------------------------------------------------

(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    The NYSE proposes to amend NYSE Rules 282, 284, 289, and 290 to
permit Member and Member Organizations (collectively referred to as
``member'') to initiate buy-ins, reduce the waiting period to initiate
a buy-in from thirty days to three days, and to otherwise provide more
standardized and consistent industry buy-in rules and procedures.
Current Requirements
    NYSE Rule 282 sets forth the ``mandatory buy-in'' process by which
member acting as a buyer (``initiating member'') is required to close-
out a contract that has not been completed by the member acting as the
seller (``defaulting member'') for a period of thirty calendar days. A
mandatory buy-in requires that a buy-in notice be delivered in
triplicate by the initiating member (buyer) to the defaulting member
(seller). The defaulting member receiving the buy-in notice must
indicate on the buy-in notice its position with respect to the
resolution

of the failed trade (e.g., doesn't know the trade, knows the trade but
cannot deliver, will deliver) and return the buy-in notice to the
initiating member. If the buy-in notice is not returned when due or is
returned with the indication that the contract is known but that
delivery cannot be made, a ``buy-in order'' in duplicate is sent to the
defaulting member for execution.
    NYSE Rule 284 sets forth a procedure by which an initiating member
may close-out a contract that has not been completed by the defaulting
member but that is not required to be closed-out. The initiating member
must deliver a buy-in notice to the defaulting member prior to forty-
five minutes after delivery time. Then the initiating member (buyer)
must deliver a buy-in order to the defaulting member between 2:15 and
2:30 p.m. for execution after 2:35 p.m.
    NYSE Rule 289 requires an initiating member to accept physical
delivery of some or all of the securities that are the subject of a
buy-in, thereby halting the mandatory buy-in execution for those
securities, if the defaulting member tenders the securities prior to
the mandatory buy-in deadlines. NYSE Rule 290 permits a defaulting
member to deliver securities subject to a notice of buy-in until 2:30
p.m. on the day of the execution of the buy-in.
Discussion
    The NYSE buy-in rules apply to transactions that are not subject to
the rules of a qualified clearing agency such as The Depository Trust
Company (``DTC'') and the National Securities Clearing Corporation
(``NSCC''). In the event that a buy-in is sent to the NYSE floor for
execution, then NYSE buy-in rules apply.
    However, under the current NYSE rules, there are inherent conflicts
of interest by permitting the defaulting member to execute the buy-in.
For example, the defaulting member could manipulate the extent to which
it has market exposure by timing its purchase of the necessary
securities to benefit itself. The initiating member may receive
negative customer reaction if the customer learns that its trade has
not settled and their securities unavailable because a buy-in has not
been executed by the defaulting member or has not been executed in a
timely manner.
    Other self-regulatory organizations (``SROs'') have recognized this
potential conflict and have adopted buy-in rules that assign
responsibility to the initiating member to execute the buy-in. By
allowing initiating members to execute their own buy-ins, any potential
conflict of interest involving the defaulting member is avoided and the
process is expedited.
    In the course of reviewing the operation of its buy-in rules, the
NYSE and other regulators met with the Securities Industry
Association's Securities Operations Division Buy-In Committee
(``Committee''), which is comprised of regulators, broker-dealers, and
industry groups, to identify and standardize various buy-in rules and
procedures regarding the close-out process related to street-side
contracts. The Committee requested that the NYSE amend the buy-in rules
to eliminate the ``Notice'' procedures described above and to allow the
initiating member (buyer) to execute buy-ins to close out a contract.
Proposed Amendments
    The NYSE is proposing five amendments to its buy-in rules. First,
the NYSE is proposing to amend Rule 282 to allow the initiating member
to execute a mandatory buy-in and to reduce the waiting period to
initiate a mandatory buy-in from thirty days to three days after
delivery on the contract was due. The NYSE believes once the
responsibility is shifted to the initiating member, the buy-in process
will work more efficiently.
    Second, the NYSE is proposing to eliminate the requirement for
duplicate and triplicate paper notices and to permit electronic
notices, including notices from a computerized network facility or from
the electronic functionality of a qualified clearing agency, such as
DTC and NSCC. The proposed amendments would also amend existing time
deadlines for delivering notices, securities, and executions and
substitute those used by other self-regulatory organizations (i.e., DTC
and NSCC).
    Third, the NYSE is proposing to add a section to Rule 282's
Supplementary Material to ensure that members comply with the closeout
requirements of Regulation SHO.\3\ Members are obligated to comply with
the marking, locate, and delivery requirements of Regulation SHO for
short sales of equity securities. As a result, members should have
policies and procedures in place to comply with these rules, including
closeout procedures.
---------------------------------------------------------------------------

    \3\ Securities Exchange Act Release No. 50103 (July 28, 2004),
69 FR 48008 (August 6, 2004), [File No. S7-23-03] (adoption of
Regulation SHO).
---------------------------------------------------------------------------

    Fourth, the NYSE is proposing to rescind Rule 284 and incorporate
those ``buy-in'' procedures into Rule 282. The NYSE is also proposing
to amend Rules 289 and 290 to clarify the requirements and timeframes
upon which a defaulting member may deliver against a ``buy-in'' notice.
Fifth, the NYSE proposes technical amendments to Rules 282, 289, and
290 to better coordinate the rules with industry practice.
    The NYSE believes the proposed amendments to its buy-in rules,
Rules 282, 284, 289 and 290, should aid members in the clearance and
settlement of transactions. In addition, the proposed amendments should
help employ industry practice to allow members to clean-up fails and to
deliver more quickly by instituting buy-ins in NYSE listed securities.
The NYSE states it is optimistic that members will seize the
opportunity to better manage their operational and market risks and
buy-in these positions at the earliest opportunity.
    The statutory basis for the proposed rule change is Section 6(b)(5)
of the Act.\4\ The proposed amendments to NYSE Rules 282, 284, 289 and
290 are consistent with the requirements of Section 6(b)(5) which
requires, among other things, that the rules of an exchange are
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The NYSE believes that the proposed amendments are consistent with
its obligations under Section 6(b)(5) of the Act because the NYSE
thinks that by amending its buy-in rules to permit the initiating
members to execute a buy-in, members should find it easier to execute
buy-ins of NYSE-listed securities and therefore buy-in such
transactions sooner. In addition, the rule amendments should remove
unnecessary paperwork and amend time deadlines to conform to current
industry practice.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The NYSE does not believe that the proposed rule change will impose
any burden on competition not necessary or appropriate in furtherance
of the purposes of the Act.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants, or Others

    The NYSE has neither solicited nor received written comments on the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within thirty-five days of the date of publication of this notice
in the Federal Register or within such longer period: (i) As the
Commission may designate up to ninety days of such date if it finds
such longer period to be appropriate and publishes its reasons for so
finding; or (ii) as to which the self-regulatory organization consents,
the Commission will:
    (A) By order approve such proposed rule change or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
) or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2005-50 on the subject line.

Paper Comments

     Send paper comments in triplicate to Jonathan G. Katz,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-9303.
    All submissions should refer to File Number SR-NYSE-2005-50. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml
). Copies of the submission, all subsequent amendments,

all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Section, 100 F Street,
NE., Washington, DC 20549. Copies of such filings also will be
available for inspection and copying at the principal office of the
NYSE and on the NYSE's Web site, http://www.nyse.com. All comments

received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSE-2005-50 and should be
submitted on or before October 19, 2005.

    For the Commission by the Division of Market Regulation,
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Jonathan G. Katz,
Secretary.
 [FR Doc. E5-5244 Filed 9-27-05; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Rules and Regulations]
[Pages 71014-71019]
[FR Doc No: 2014-28221]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 748

[Docket No. 141114969-4969-01]
RIN 0694-AG36

Amendments to Existing Validated End-User Authorization in the
People's Republic of China: Lam Research Service Co., Ltd.

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to revise the existing
authorization for Validated End User (VEU) Lam Research Service Co.,
Ltd. (Lam) in the People's Republic of China (PRC). Specifically, BIS
amends Supplement No. 7 to part 748 of the EAR to change two addresses
for Lam's eligible facilities (also known as ``eligible
destinations''), remove two existing facilities, and add eight eligible
facilities.

DATES: This rule is effective December 1, 2014.

FOR FURTHER INFORMATION CONTACT: Mi-Yong Kim, Chair, End-User Review
Committee, Office of the Assistant Secretary, Export Administration,
Bureau of Industry and Security, U.S. Department of Commerce, Phone:
202/482-5991; Fax: 202/482-3911; Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

Authorization Validated End-User

    Validated End Users (VEUs) are designated entities located in
eligible destinations to which eligible items may be exported,
reexported, or transferred (in-country) under a general authorization
instead of a license. The names of the VEUs, as well as the dates they
were so designated, and their respective eligible destinations and
items are identified in Supplement No. 7 to part 748 of the EAR. Under
the terms described in that supplement, VEUs may obtain eligible items
without an export license from BIS, in conformity with Section 748.15
of the EAR. Eligible items vary between VEUs and may include
commodities, software, and technology, except those controlled for
missile technology or crime control reasons on the Commerce Control
List (CCL) (part 774 of the EAR).
    VEUs are 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. The End-User Review Committee (ERC), composed of
representatives from the Departments of State, Defense, Energy, and
Commerce, and other agencies, as appropriate, is responsible for
administering the VEU program. BIS amended the EAR in a final rule
published on June 19, 2007 (72 FR 33646) to create Authorization VEU.

Amendments to Existing Validated End-User Authorization in the People's
Republic of China (PRC)

Revisions to the List of ``Eligible Destinations'' for Validated End
User Lam Research Service Co., Ltd. (Lam)

    In this final rule, BIS amends Supplement No. 7 to part 748 of the
EAR to revise Lam's VEU authorization. BIS is not making these changes
in response to activities of concern. BIS is making these changes at
the request of the company. Specifically, this rule changes the address
of two Lam facilities in the PRC to which eligible items may be
exported, reexported or transferred (in-country) using Authorization
VEU. The two facilities (``Eligible destination'') and their respective
current and new addresses are as follows:
    Lam Research International Sarl (Lam Beijing Warehouse)
    Current Address:
    Lam Research International Sarl (Lam Beijing Warehouse), c/o
Beijing Lam Electronics Tech Center, No. 8 Building No. 1, Disheng
North Street, Beijing Economic & Technological Development Area,
Beijing, China 100176.
    New Address:
    Lam Research International Sarl (Lam Beijing Warehouse), c/o
Beijing Lam Electronics Tech Center, 1 Building, No. 28, Jinghai Second
Road, BDA, Beijing, China 100176.
    Lam Research Service Co., Ltd. (Beijing Branch)
    Current Address:
    Lam Research Service Co., Ltd. (Beijing Branch), Rm. 1010, Zhaolin
Building, No. 15 Rong Hua Zhong Road, Beijing Economic & Technological
Development Area, Beijing, China 100176.
    New Address:
    Lam Research Service Co., Ltd. Beijing Branch, 6th Floor, Building
52, No.2, Jingyuan North Street, Beijing Economic & Technological
Development Area, Beijing, China 100176.
This rule does not change the eligible items, identified in Supplement
No. 7 to part 748, that may be exported, reexported or transferred (in-
country) to these two facilities.

    This rule also removes two of Lam's existing eligible facilities.
The facilities removed by this rule are as follows:
    Lam Research Semiconductor (Suzhou) Co., Ltd. (Suzhou) A Division
of Lam Research International Sarl, A-2 Building, Export Processing
Zone, Suzhou New District, Jiangsu Province, China 215151.
    Lam Research (Shanghai) Co., Ltd., No.1 Jilong Road, Room 424-2,
Waigaoqiao Free Trade Zone, Shanghai, China 200131.

Finally, this rule adds eight facilities to Lam's authorization. As a
result of this rule, Lam's total number of eligible facilities is 18.
The eight new facilities and their respective eligible items
(``Eligible items (by ECCN)'') are as follows:
    New Facilities (1) through (6):
    (1) Lam Research International Sarl (Lam Shanghai Warehouse
Operator), c/o Shanghai Well-win Logistics Co., Ltd., No. 2667
Zuchongzhi Road, Pudong New District, Shanghai, China.
    (2) Lam Research International Sarl (Lam Beijing Warehouse), c/o
China International ElectronicService Company, 1 Building, No. 28,
Jinghai Second Road, BDA, Beijing, China 100176.
    (3) Lam Research International Sarl (Lam Beijing Warehouse), c/o
Beijing STE International Logistics Co., Ltd., Building 3, No. 9 Ke
Chuang Er Street, Beijing Economic & Technological Development Area,
Beijing, China 100176.
    (4) Lam Research International Sarl (Lam Dalian Warehouse), c/o JD
Logistics Dalian Bonded Logistic Co., Ltd., No.1 Public Warehouse,
Dalian Bonded Logistics Zone, Dalian, China 116600.
    (5) Lam Research International Sarl (Lam Xi'an Warehouse), c/o VR
International Logistics (Xi'an) Co., Ltd., No. 28 Information Road, EPZ
B Zone, Xian New District, Xian, China 710119.
    (6) Lam Research International Sarl (Wuxi Bonded Warehouse for CIQ
inspection), c/o SinoTrans Jiangsu Fuchang Logistics Co., Ltd., No. 1
Xiqin Road, Area A, Export Processing Zone, New District, Wuxi, China
214028.

The eligible items for new facilities (1) through (6) are 2B230,
2B350.c, 2B350.d, 2B350.g, 2B350.h, 2B350.i, 3B001.c and 3B001.e (items
classified under ECCNs 3B001.c and 3B001.e are limited to ``specially
designed'' components and accessories), 3D001 (limited to ``software''
(excluding source code) ``specially designed'' for the ``development''
or ``production'' of equipment controlled by ECCN 3B001), 3D002
(limited to ``software'' (excluding source code) ``specially designed''
for the ``use'' of equipment controlled by ECCN 3B001), and 3E001
(limited to ``technology'' according to the General Technology Note for
the ``development'' of equipment controlled by ECCN 3B001). These ECCNs
are identified by a single asterisk in the ``Eligible items (by ECCN)''
Column of the entry for Lam in Supplement No. 7 to part 748.
    New Facilities (7) and (8):
    (7) Lam Research Service Co., Ltd. (Lam Dalian Representative
Office), c/o Intel Semiconductor (Dalian) Ltd., No. 109 Huaihe Road
East, Dalian Economic & Technical Development Area, Dalian, China
116600.
    (8) Lam Research Service (Shanghai) Co., Ltd. Xi'an Branch, Room
602, Building G, Wangzuo Xiandai City, 35 Tangyan Road, Gaoxin
District, Xi'an, China 710065.

The eligible items for new facilities (7) and (8) are as follows 2B230,
2B350.c, 2B350.d, 2B350.g, 2B350.h, 2B350.i, 3B001.c and 3B001.e (items
classified under ECCNs 3B001.c and 3B001.e are limited to ``specially
designed'' components and accessories), 3D001 (limited to ``software''
(excluding source code) ``specially designed'' for the ``development''
or ``production'' of equipment controlled by ECCN 3B001), 3D002
(limited to ``software'' (excluding source code) ``specially designed''
for the ``use'' of equipment controlled by ECCN 3B001), and 3E001
(limited to ``technology'' according to the General Technology Note for
the ``development'' or ``production'' (limited to those stages that
support integration, assembly (mounting), inspection, testing, and
quality assurance) of equipment controlled by ECCN 3B001). These items
are identified by two asterisks in the ``Eligible items (by ECCN)''
Column of the entry for Lam in Supplement No. 7 to part 748.
    To conform with Section 772.1 of the EAR, this rule adds quotation
marks to the term ``specially designed'' in the list of eligible items
for Lam's facilities.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p.783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.
    BIS continues to carry out the provisions of the Export
Administration Act, as appropriate and to the extent permitted by law,
pursuant to Executive Order 13222 as amended by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 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 (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. This rule has been determined to be not
significant for purposes of Executive Order 12866.
    2. This rule involves collections previously approved by the Office
of Management and Budget (OMB) under Control Number 0694-0088, ``Multi-
Purpose Application,'' which carries a burden hour estimate of 43.8
minutes to prepare and submit form BIS-748; and for recordkeeping,
reporting and review requirements in connection with Authorization VEU,
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 of 1995 (44 U.S.C. 3501 et seq.) (PRA) and OMB Control
Number 0694-0088 are not expected to increase significantly as a result
of this rule.
    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 PRA,
unless that collection of information displays a currently valid OMB
Control Number.
    3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    4. Pursuant to the Administrative Procedure Act (APA), 5 U.S.C.
553(b)(B), BIS finds good cause to waive requirements that this rule be
subject to notice and the opportunity for public comment because they
are unnecessary. In determining whether to grant VEU designations, a
committee of U.S. Government agencies evaluates information about and
commitments made by candidate companies, the nature and terms of which
are set forth in 15 CFR part 748, Supplement No. 8. The criteria for
evaluation by the committee are set forth in 15 CFR 748.15(a)(2).
    The information, commitments, and criteria for this extensive
review were all established through the notice of proposed rulemaking
and public comment process (71 FR 38313 (July 6, 2006) (proposed rule),
and 72 FR 33646 (June 19, 2007) (final rule)). Given the similarities
between the authorizations provided under the VEU program and export
licenses (as discussed further below), the publication of this
information does not establish new policy. In publishing this final
rule, BIS updates addresses, adds eligible destinations, and removes
eligible destinations of that VEU. These changes have been made within
the established regulatory framework of the VEU program. Further, this
rule does not abridge the rights of the public or eliminate the
public's option to export under any of the forms of authorization set
forth in the EAR.
    Publication of this rule in other than final form is unnecessary
because the authorizations granted in the rule are consistent with the
authorizations granted to exporters for individual licenses (and
amendments or revisions thereof), which do not undergo public review.
In addition, as with license applications, VEU authorization
applications contain confidential business information, which is
necessary for the extensive review conducted by the U.S. Government in
assessing such applications. This information is extensively reviewed
according to the criteria for VEU authorizations, as set out in 15 CFR
748.15(a)(2). Additionally, just as the interagency reviews license
applications, the authorizations granted under the VEU program involve
interagency deliberation and result from review of public and non-
public sources, including licensing data, and the measurement of such
information against the VEU authorization criteria. Given the nature of
the review, and in light of the parallels between the VEU application
review process and the review of license applications, public comment
on this authorization and subsequent amendments prior to publication is
unnecessary. Moreover, because, as noted above, the criteria and
process for authorizing and administering VEUs were developed with
public comments, allowing additional public comment on this amendment
to individual VEU authorizations, which was determined according to
those criteria, is unnecessary.
    Section 553(d) of the APA generally provides that rules may not
take effect earlier than thirty (30) days after they are published in
the Federal Register. BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3) because the delay would be
contrary to the public interest. BIS is simply amending the
authorization of an existing VEU by updating two addresses, removing
two existing facilities, and adding eight additional facilities,
consistent with established objectives and parameters administered and
enforced by the responsible designated departmental representatives to
the End-User Review Committee. Delaying this action's effectiveness
could cause confusion regarding which facilitates and items are
authorized by the U.S. Government and in turn stifle the purpose of the
VEU Program. Accordingly, it is contrary to the public interest to
delay this rule's effectiveness.
    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 under the APA or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. As a result, no final regulatory flexibility
analysis is required and none has been prepared.

List of Subjects in 15 CFR Part 748

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

    Accordingly, part 748 of the EAR (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 August 7, 2014, 79 FR
46959 (August 11, 2014).

0
2. Amend Supplement No. 7 to part 748 by revising the entry for ``Lam
Research Service Co., Ltd.'' in ``China (People's Republic of)'' to
read as follows:

  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
--------------------------------------------------------------------------------------------------------------------------------------------------------
              Country                Validated  end-user    Eligible items (by ECCN)      Eligible destination           Federal Register citation
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Nothing in this Supplement shall be deemed to supersede other provisions in the EAR, including but not limited to Sec.   748.15(c).
--------------------------------------------------------------------------------------------------------------------------------------------------------

                                                                      * * * * * * *
                                    Lam Research Service   These Items Authorized for  * Lam Research              75 FR 62462, 10/12/10.
                                     Co., Ltd.              those Lam's Destinations    International Sarl (Lam    77 FR 10953, 2/24/12.
                                                            Identified by a single      Shanghai Warehouse), c/o   78 FR 3319, 1/16/13.
                                                            asterisk (*):               HMG Supply Chain           78 FR 54752, 9/6/13.
                                                           2B230, 2B350.c, 2B350.d,     (Shanghai) Co., Ltd., No.  79 FR [INSERT PAGE NUMBER], 12/1/14.
                                                            2B350.g, 2B350.h,           3869, Longdong Avenue,
                                                            2B350.i, 3B001.c and        Pudong New District,
                                                            3B001.e (items classified   Shanghai, China 201203.
                                                            under ECCNs 3B001.c and    * Lam Research
                                                            3B001.e are limited to      International Sarl (Lam
                                                            ``specially designed''      Shanghai Warehouse; WGQ
                                                            components and              Bonded Warehouse), c/o
                                                            accessories), 3D001         HMG Supply Chain
                                                            (limited to ``software''    (Shanghai) Co., Ltd., No.
                                                            (excluding source code)     55, Fei la Road,
                                                            ``specially designed''      Waigaoqiao Free Trade
                                                            for the ``development''     Zone, Pudong New Area,
                                                            or ``production'' of        Shanghai, China 200131.
                                                            equipment controlled by    * Lam Research
                                                            ECCN 3B001), 3D002          International Sarl (Lam
                                                            (limited to ``software''    Beijing Warehouse), c/o
                                                            (excluding source code)     Beijing Lam Electronics
                                                            ``specially designed''      Tech Center, 1 Building,
                                                            for the ``use'' of          No. 28, Jinghai Second
                                                            equipment controlled by     Road, BDA, Beijing, China
                                                            ECCN 3B001), and 3E001      100176.
                                                            (limited to                * Lam Research
                                                            ``technology'' according    International Sarl (Wuxi
                                                            to the General Technology   EPZ Bonded Warehouse), c/
                                                            Note for the                o HMG WHL Logistic (Wuxi)
                                                            ``development'' of          Co., Ltd., 1st Fl, Area
                                                            equipment controlled by     4, No. 1, Plot J3, No. 5
                                                            ECCN 3B001)..               Gaolang East Road, Export
                                                                                Processing Zone, Wuxi,
                                                                                China 214028.
                                                                                * Lam Research
                                                                                International Sarl (Lam
                                                                                Beijing Warehouse), c/o
                                                                                HMG Hi-tech Logistics
                                                                                (Beijing) Co., Ltd.,
                                                                                Building 3, No. 9 Ke
                                                                                Chuang Er Street, Beijing
                                                                                Economic Technological
                                                                                Development Area,
                                                                                Beijing, China 100176.
                                                                                * Lam Research
                                                                                International Sarl (Wuhan
                                                                                TSS), c/o HMG Wuhan
                                                                                Logistic Co., Ltd., 1st-
                                                                                2nd Floor, Area B, No. 5
                                                                                Building, Hua Shi Yuan Er
                                                                                Road, East-lake Hi-Tech
                                                                                Development Zone, Wuhan,
                                                                                Hubei Province, China
                                                                                430223.
                                                                                * Lam Research
                                                                                International Sarl (Lam
                                                                                Shanghai Warehouse
                                                                                Operator), c/o Shanghai
                                                                                Well-win Logistics Co.,
                                                                                Ltd., No. 2667 Zuchongzhi
                                                                                Road, Pudong New
                                                                                District, Shanghai, China.
                                                                                * Lam Research
                                                                                International Sarl (Lam
                                                                                Beijing Warehouse), c/o
                                                                                China International
                                                                                Electronic Service
                                                                                Company, 1 Building, No.
                                                                                28, Jinghai Second Road,
                                                                                BDA, Beijing, China
                                                                                100176.
                                                                                * Lam Research
                                                                                International Sarl (Lam
                                                                                Beijing Warehouse), c/o
                                                                                Beijing STE International
                                                                                Logistics Co., Ltd.,
                                                                                Building 3, No. 9 Ke
                                                                                Chuang Er Street, Beijing
                                                                                Economic & Technological
                                                                                Development Area,
                                                                                Beijing, China 100176.

                                                                                *Lam Research
                                                                                International Sarl (Lam
                                                                                Dalian Warehouse), c/o JD
                                                                                Logistics Dalian bonded
                                                                                logistic Co., Ltd., No. 1
                                                                                Public Warehouse, Dalian
                                                                                Bonded Logistics Zone,
                                                                                Dalian, China 116600.
                                                                                *Lam Research
                                                                                International Sarl (Lam
                                                                                Xi'an Warehouse), c/o VR
                                                                                International Logistics
                                                                                (Xi'an) Co., Ltd., No. 28
                                                                                Information Road, EPZ B
                                                                                Zone, Xian New District,
                                                                                Xian, China 710119.
                                                                                * Lam Research
                                                                                International Sarl (Wuxi
                                                                                Bonded Warehouse for CIQ
                                                                                inspection), c/o
                                                                                SinoTrans Jiangsu Fuchang
                                                                                Logistics Co., Ltd., No.
                                                                                1 Xiqin Road, Area A,
                                                                                Export Processing Zone,
                                                                                New District, Wuxi, China
                                                                                214028.
                                                           These Items Authorized for  ** Lam Research Service
                                                            those Lam's Destinations    Co., Ltd., 1st Floor,
                                                            Identified by two           Area C, Hua Hong Science
                                                            asterisks (**):             & Technology Park, 177 Bi
                                                           2B230, 2B350.c, 2B350.d,     Bo Road, Zhangjiang Hi-
                                                            2B350.g, 2B350.h,           Tech Park, Pudong,
                                                            2B350.i, 3B001.c and        Shanghai, China 201203.
                                                            3B001.e (items classified  ** Lam Research Service
                                                            under ECCNs 3B001.c and     Co., Ltd. Beijing Branch,
                                                            3B001.e are limited to      6th Floor, Building 52,
                                                            ``specially designed''      No. 2, Jingyuan North
                                                            components and              Street, Beijing Economic
                                                            accessories), 3D001         & Technological
                                                            (limited to ``software''    Development Area,
                                                            (excluding source code)     Beijing, China 100176.
                                                            ``specially designed''     ** Lam Research Service
                                                            for the ``development''     Co., Ltd., Wuxi
                                                            or ``production'' of        Representative Office,
                                                            equipment controlled by     Room 302, Building 6,
                                                            ECCN 3B001), 3D002          Singapore International
                                                            (limited to ``software''    Park, No. 89 Xing Chuang
                                                            (excluding source code)     Si Road, Wuxi New
                                                            ``specially designed''      District, Wuxi, Jiangsu,
                                                            for the ``use'' of          China 214028.
                                                            equipment controlled by    ** Lam Research Service
                                                            ECCN 3B001), and 3E001      Co., Ltd., Wuhan
                                                            (limited to                 Representative Office,
                                                            ``technology'' according    Room 302, Guanggu
                                                            to the General Technology   Software Park, Building
                                                            Note for the                E4, No. 1 Guanshan Road,
                                                            ``development'' or          Donghu Development Zone,
                                                            ``production'' (limited     Wuhan, Hubei Province,
                                                            to those stages that        China 430074.
                                                            support integration,       ** Lam Research Service
                                                            assembly (mounting),        Co., Ltd. (Lam Dalian
                                                            inspection, testing, and    Representative Office), c/
                                                            quality assurance) of       o Intel Semiconductor
                                                            equipment controlled by     (Dalian) Ltd., No. 109
                                                            ECCN 3B001)..               Huaihe Road East, Dalian
                                                                                Economic & Technical
                                                                                Development Area, Dalian,
                                                                                China 116600.
                                                                                ** Lam Research Service
                                                                                (Shanghai) Co., Ltd.
                                                                                Xi'an Branch, Room 602,
                                                                                Building G, Wangzuo
                                                                                Xiandai City, 35 Tangyan
                                                                                Road, Gaoxin District,
                                                                                Xi'an, China, 710065

                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Dated: November 24, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-28221 Filed 11-28-14; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 80, Number 130 (Wednesday, July 8, 2015)]
[Notices]
[Page 39100]
[FR Doc No: 2015-16519]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0022; FRL-9929-36]

Pesticide Product Registration; Receipt of Applications for New
Uses; Correction and Reopening of Comment Period

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; correction and reopening of comment period.

-----------------------------------------------------------------------

SUMMARY: EPA issued a notice in the Federal Register of May 6, 2015,
concerning Pesticide Product Registration; Receipt of Applications for
New Uses. The notice inadvertently identified the applications listed
as being new active ingredients rather than new uses. This document
corrects that error and also reopens the comment period for an
additional 30 days. EPA has received applications to register new uses
for pesticide products containing currently registered active
ingredients. Pursuant to the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), EPA is hereby providing notice of receipt and
opportunity to comment on these applications.

DATES: Comments, identified by the docket identification (ID) listed in
the body of this document, must be received on or before August 7,
2015.

ADDRESSES: Follow the detailed instructions as provided under ADDRESSES
in the Federal Register document of May 6, 2015.

FOR FURTHER INFORMATION CONTACT: Susan Lewis, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number:<PHONE_NUMBER>; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    The Agency included in the Federal Register of May 6, 2015 (80 FR
26030) (FRL-9926-67) notice a list of those who may be potentially
affected by this action.

B. How can I get copies of this document and other related information?

    The dockets for these actions, identified by the following docket
ID numbers: EPA-HQ-OPP-2015-0221 for Avermectin; EPA-HQ-OPP-2014-0878
for Fluazifop-p-butyl; EPA-HQ-OPP-2015-0168 for 1,2-Benzisothiazol-
3(2H)-one, 2-butyl-; EPA-HQ-OPP-2015-0096 for Mandipropamid; EPA-HQ-
OPP-2015-0263 for Cyazofamid; and EPA-HQ-OPP-2014-0590 for Pyrimethanil
are available at http://www.regulations.gov or at the Office of
Pesticide Programs Regulatory Public Docket (OPP Docket) in the
Environmental Protection Agency Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW.,
Washington, DC 20460-0001. The Public Reading Room is open from 8:30
a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPP Docket is<PHONE_NUMBER>. Please review
the visitor instructions and additional information about the docket
available at http://www.epa.gov/dockets.

C. Why is the comment period being reopened?

    This document reopens the public comment period for the Pesticide
Product Registration; Receipt of Applications for New Uses notice,
which was published in the Federal Register on May 6, 2015. EPA is
hereby reopening the comment period 30 days because EPA has received
applications to register new uses for pesticide products containing
currently registered active ingredients. Pursuant to the provision of
FIFRA section 3(c)(4)(7 U.S.C. 136a(c)(4)), EPA is hereby providing
notice of receipt and opportunity to comment on these applications.
Notice of receipt of these applications does not imply a decision by
the Agency on these applications.

II. What does this correction do?

    FR Doc. 2015-10483 published in the Federal Register of May 6, 2015
(80 FR 26030) (FRL-9926-67) is corrected as follows:
    1. On page 26030, third column, under the heading Registration
Applications, the first paragraph, line three, correct ``active
ingredients'' to read ``new uses.''

    Authority:  7 U.S.C. 136 et seq.

    Dated: June 22, 2015.
Daniel J. Rosenblatt,
Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2015-16519 Filed 7-7-15; 8:45 am]
 BILLING CODE 6560-50-P