[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Notices]
[Pages 34471-34472]
[FR Doc No: 2020-12006]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 33889]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

May 29, 2020.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of May
2020. A copy of each application may be obtained via the Commission's
website by searching for the file number, or for an applicant using the
Company name box, at http://www.sec.gov/search/search.htm or by calling
(202) 551-8090. An order granting each application will be issued
unless the SEC orders a hearing. Interested persons may request a
hearing on any application by emailing the SEC's Secretary at
<EMAIL_ADDRESS>and serving the relevant applicant with a
copy of the request by email, if an email address is listed for the
relevant applicant below, or personally or by mail, if a physical
address is listed for the relevant applicant below. Hearing requests
should be received by the SEC by 5:30 p.m. on June 23, 2020, and should
be accompanied by proof of service on applicants, in the form of an
affidavit or, for lawyers, a certificate of service. Pursuant to Rule
0-5 under the Act, hearing requests should state the nature of the
writer's interest, any facts bearing upon the desirability of a hearing
on the matter, the reason for the request, and the issues contested.
Persons who wish to be notified of a hearing may request notification
by writing to the Commission's Secretary at<EMAIL_ADDRESS>
ADDRESSES:  The Commission<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT:  Shawn Davis, Assistant Director, at
(202) 551-6413 or Chief Counsel's Office at<PHONE_NUMBER>; SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE, Washington, DC 20549-8010.

Eaton Vance California Municipal Bond Fund II [File No. 811-21217]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance California Municipal Bond
Fund and, on December 14, 2018, made a final distribution to its
shareholders based on net asset value. Expenses of approximately
$57,661 incurred in connection with the reorganization were paid by the
applicant.
    Filing Date: The application was filed on March 6, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Massachusetts Municipal Bond Fund [File No. 811-21225]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Bond Fund and, on
December 14, 2018, made a final distribution to its shareholders based
on net asset value. Expenses of approximately $31,640 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on March 6, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Michigan Municipal Bond Fund [File No. 811-21224]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Bond Fund and, on
December 14, 2018, made a final distribution to its shareholders based
on net asset value. Expenses of approximately $25,986 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on February 28, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Michigan Municipal Income Trust [File No. 811-09153]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Income Trust and,
on December 14, 2018, made a final distribution to its shareholders
based on net asset value. Expenses of approximately $38,001 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on March 6, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Municipal Bond Fund II [File No. 811-21219]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Bond Fund and, on
March 22, 2019, made a final distribution to its shareholders based on
net asset value. Expenses of approximately $138,760 incurred in
connection with the reorganization were paid by the applicant and the
applicant's investment adviser.
    Filing Date: The application was filed on March 13, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance New Jersey Municipal Bond Fund [File No. 811-21229]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Bond Fund and, on
January 18, 2019, made a final distribution to its shareholders based
on net asset value. Expenses of approximately $47,903 incurred in
connection with the reorganization were paid by the applicant and the
applicant's investment adviser.
    Filing Date: The application was filed on March 13, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance New Jersey Municipal Income Trust [File No. 811-09155]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Income Trust and,
on February 22, 2019, made a final distribution to its shareholders
based on net asset value. Expenses of approximately $75,157 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on March 13, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Ohio Municipal Bond Fund [File No. 811-21226]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Bond Fund and, on
January 18, 2019, made a final distribution to its shareholders based
on net asset value. Expenses of approximately $50,663 incurred in
connection with the reorganization were paid by the

applicant and the applicant's investment adviser.
    Filing Date: The application was filed on March 11, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Ohio Municipal Income Trust [File No. 811-09149]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Income Trust and,
on January 18, 2019, made a final distribution to its shareholders
based on net asset value. Expenses of approximately $53,456 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on February 28, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Pennsylvania Municipal Bond Fund [File No. 811-21227]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Bond Fund and, on
January 18, 2019, made a final distribution to its shareholders based
on net asset value. Expenses of approximately $53,978 incurred in
connection with the reorganization were paid by the applicant and
applicant's investment adviser.
    Filing Date: The application was filed on March 13, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Eaton Vance Pennsylvania Municipal Income Trust [File No. 811-09151]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Eaton Vance Municipal Income Trust and,
on January 18, 2019, made a final distribution to its shareholders
based on net asset value. Expenses of approximately $48,323 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on February 28, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Engex, Incorporated [File No. 811-01639]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On August 29,
2019, applicant made a final liquidating distribution to its
shareholders based on net asset value. Expenses of $90,116 incurred in
connection with the liquidation were paid by applicant. Applicant also
has retained $18,531 in a Federated US Treasury Reserve Fund for the
purpose of paying outstanding debts.
    Filing Dates: The application was filed on August 31, 2018, and
amended on November 22, 2019 and May 26, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Nuveen Connecticut Quality Municipal Income Fund [File No. 811-07606]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Nuveen AMT-Free Municipal Credit Income
Fund and, on November 15, 2019, made a final distribution to its
shareholders based on net asset value. Expenses of $601,677 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on March 12, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Nuveen Emerging Markets Debt 2025 Term Fund [File No. 811-23335]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant has
never made a public offering of its securities and does not propose to
make a public offering or engage in business of any kind.
    Filing Date: The application was filed on March 10, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Nuveen North Carolina Quality Municipal Income Fund [File No. 811-
07608]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Nuveen AMT-Free Quality Municipal Income
Fund and, on November 15, 2019, made a final distribution to its
shareholders based on net asset value. Expenses of $611,734 incurred in
connection with the reorganization were paid by the applicant.
    Filing Date: The application was filed on March 12, 2020.
    Applicant's Address<EMAIL_ADDRESS>
    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2020-12006 Filed 6-3-20; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 2821-2829]
[FR Doc No: 2023-00888]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

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

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI94

Implementation of Additional Export Controls: Certain Advanced
Computing and Semiconductor Manufacturing Items; Supercomputer and
Semiconductor End Use; Entity List Modification; Updates to the
Controls To Add Macau

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

ACTION: Interim final rule; update.

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SUMMARY: On October 7, 2022, the Bureau of Industry and Security (BIS)
updated the Export Administration Regulations (EAR) to implement
necessary controls on advanced computing integrated circuits (ICs),
computer commodities that contain such ICs, and certain semiconductor
manufacturing items, and to make other changes to the EAR to ensure
that appropriate controls are in place for these items, including
specific activities of ``U.S. persons.'' This rule makes an initial
update to the controls to more effectively achieve the policy
objectives identified in previous regulations by adding the same
controls implemented on China in that rule to Macau. The public may
submit comments on the controls in the October 7 advanced computing and
semiconductor manufacturing equipment rule, which BIS is extending to
Macau in this rule. BIS intends to publish a subsequent rule to respond
to the comments received, including making updates to the controls
included in the October 7 advanced computing and semiconductor
manufacturing equipment rule.

DATES:
    Effective date: This rule is effective on January 17, 2023.
    Comments due: Comments must be received by BIS no later than
January 31, 2023.

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

FOR FURTHER INFORMATION CONTACT: For questions on the license
requirements in the October 7 advanced computing and semiconductor
manufacturing equipment rule or the updates included in this rule,
contact Eileen Albanese, Director, Office of National Security and
Technology Transfer Controls, Bureau of Industry and Security,
Department of Commerce, Phone:<PHONE_NUMBER>, Email: [email protected].
For emails, include ``Advanced computing controls'' or ``Semiconductor
manufacturing items control'' as applicable in the subject line.
    For questions on the Entity List revisions included in the October
7 advanced computing and semiconductor manufacturing equipment rule,
contact: Chair, End-User Review Committee, Office of the Assistant
Secretary for Export Administration, Bureau of Industry and Security,
Department of Commerce, Phone:<PHONE_NUMBER>, Email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On October 7, 2022, the Bureau of Industry and Security (BIS) put
on public display the interim final rule, Implementation of Additional
Export Controls: Certain Advanced Computing and Semiconductor
Manufacturing Items; Supercomputer and Semiconductor End Use; Entity
List Modification (October 7 advanced computing and semiconductor
manufacturing equipment rule) (87 FR 62186), which amended the Export
Administration Regulations (15 CFR 730-774) (EAR) to implement
necessary controls on advanced computing integrated circuits (ICs),
computer commodities that contain such ICs, and certain semiconductor
manufacturing items, and to make other changes to the EAR to ensure
that appropriate controls are in place for these items, including
specific activities of ``U.S. persons.''
    On October 13, 2022, (BIS) published the October 7 advanced
computing and semiconductor manufacturing equipment rule, which made
critical changes to the Export Administration Regulations (15 CFR 730-
774) (EAR) in two areas to address U.S. national security and foreign
policy concerns. First, BIS imposed additional export controls on
certain advanced computing semiconductor chips (chips, advanced
computing chips, integrated circuits (ICs)), transactions for
supercomputer end uses, and transactions involving certain entities on
the Entity List (supplement no. 4 to part 744). Second, BIS adopted
additional controls on certain semiconductor manufacturing items and
transactions for certain IC production end uses. See the Overview of
New Controls section in the October 7 advanced computing and
semiconductor manufacturing equipment rule for additional information
about both. The October 7 advanced computing and semiconductor
manufacturing equipment rule, which BIS published on an interim basis,
also solicited public comments on the changes it implemented. See the
ADDRESSES section for instruction on how to submit comments to that
rule and information on how to view the public comments submitted in
response to the October 7 advanced computing and semiconductor
manufacturing equipment rule on www.regulations.gov.
    The restrictions implemented in the October 7 advanced computing
and semiconductor manufacturing equipment rule followed extensive
consideration by the United States government of technologies that are
force multipliers for military modernization and human rights abuses.
The assessment considered included, among other factors, whether the
items could provide direct contributions to advancing military decision
making, designing and testing weapons of mass destruction (WMD),
producing semiconductors for use in advanced military systems, and
developing advanced surveillance systems that can be used for military
applications and human rights abuses. The Government of the People's
Republic of China (PRC or China) has mobilized vast resources to
support its defense modernization, including the implementation of its
military-civil fusion development strategy, which is contrary to U.S.
national security and foreign policy interests.
    This rule makes initial updates to the October 7 advanced computing
and semiconductor manufacturing equipment rule's controls to more
effectively achieve the identified policy objectives by adding the same
controls implemented on China in that rule to Macau. These changes are
informed by BIS's review of the October 7 advanced computing and
semiconductor manufacturing equipment rule and the questions BIS has
received since October 7, 2022. The comment period on the October 7
advanced computing and semiconductor manufacturing equipment rule,
originally to close on December 12, 2022 but, in a rule published on
December 7, 2022 (87 FR 74966) was extended to close on January 31,
2023. The public may submit comments on the controls in the October 7
advanced computing and semiconductor manufacturing equipment rule,
which BIS is extending to Macau in this rule. BIS intends to publish a
subsequent rule to respond to the comments, including additional
updates to the controls in the October 7 advanced computing and
semiconductor manufacturing equipment rule. The updates to the October
7 advanced computing and semiconductor manufacturing equipment rule in
this rule are described under Section II below.

II. Addition of Macau to the Same Controls Implemented on China

A. Addition of Macau to RS Controls Implemented in the October 7
Advanced Computing and Semiconductor Manufacturing Equipment Rule

    This rule adds the destination of Macau to the scope of the
Regional Stability (RS) controls that were implemented specific to
China in the October 7 advanced computing and semiconductor
manufacturing

equipment rule. For purposes of the EAR, this rule does not change the
status of Macau; it will continue to be treated as a separate
destination from China. According to the U.S. Department of State's
fact sheet, U.S. Relations with Macau, Bilateral Relations Fact Sheet
of June 1, 2021 (see https://www.state.gov/u-s-relations-with-macau/),
Macau has been a Special Administrative Region of China since 1999,
when it was returned to Chinese sovereignty from Portuguese
administration; therefore, its foreign relations and defense are the
responsibility of China. China grants Macau limited autonomy in
economic and commercial relations. U.S. policy toward Macau is grounded
in the U.S. Macau Policy Act of 1999 and reflects U.S. support for
Macau's autonomy under the ``One Country, Two Systems'' framework
established in Macau's Basic Law.
    Because of Macau's position as a Special Administrative Region of
China, and the potential risk of diversion of items subject to the EAR
from Macau to China, this rule adds Macau as a destination to which a
license will be required to prevent the diversion to China of items
determined to be critical to protecting U.S. national security and
foreign policy interests. This rule implements this change by adding
Macau to the RS control paragraph in the following seven Export Control
Classification Numbers (ECCNs): 3A090, 3B090, 3D001, 3E001, 4A090,
4D090, and 4E001.
    In parallel with the addition of Macau to the RS control paragraph
of the ECCNs identified above, and as part of the RS control structure
implemented in the October 7 advanced computing and semiconductor
manufacturing equipment rule, this rule also adds Macau to the general
restriction on the use of license exceptions for these RS-controlled
ECCNs in Sec.  740.2(a)(9). Additionally, in Sec.  742.6, this rule
adds Macau to paragraphs (a)(6) and (b)(10), as part of the RS control
structure implemented in the October 7 advanced computing and
semiconductor manufacturing equipment rule.

B. Addition of Macau to Advanced Computing and Supercomputer FDP Rules

    In Sec.  734.9, this rule adds Macau to the destination scope of
the Advanced computing FDP rule under paragraph (h) and to the
``Supercomputer'' FDP rule under paragraph (i) by adding Macau to
paragraphs (h)(2)(i) and (ii) and paragraphs (i)(2)(i) and (ii),
respectively. BIS is adding Macau to these two FDP rules as part of the
RS control structure implemented in the October 7 advanced computing
and semiconductor manufacturing equipment rule.
    In supplement no. 1 to part 734--Model Certification for Purposes
of Advanced Computing FDP rule, this rule makes a conforming change by
adding Macau to the certification under paragraph (b)(2).

D. Addition of Macau to Sec. Sec.  744.6 and 744.23

    This rule adds Macau as an additional destination in the end-use
controls under Sec. Sec.  744.6 and 744.23. Because China has invested
large amounts of capital to develop a special economic zone to develop
semiconductors in Macau and the diversion concerns to China referenced
above, there is a need to include Macau as an additional destination
under Sec. Sec.  744.6 and 744.23 at this time. This rule makes the
following changes to add Macau to Sec. Sec.  744.6 and 744.23.
    In Sec.  744.6, this rule adds Macau to the additional prohibitions
on ``U.S. persons'' informed by BIS paragraphs (c)(2)(i) through (ix)
and to the license review standards under paragraph (e)(3).
    In Sec.  744.23, this rule adds Macau to the end-use scope under
paragraphs (a)(2)(i) through (v) and to the license review standards in
paragraph (d).

E. Addition of Macau to the Temporary General License (TGL)

    In supplement no. 1 to part 736--General Orders, this rule revises
paragraph (d) (General Order No. 4), as a conforming change to the
addition of Macau to the RS controls and FDP rules, as described above,
to add Macau to the scope of the temporary general license (TGL).
Savings Clause
    The savings clause for the advanced computing rule has already
passed and is not being renewed or extended with the publication of
this rule. This rule does include a savings clause which is specific
and limited to the new controls for Macau.
    Shipments of items removed from license exception eligibility or
eligibility for export, reexport, or transfer (in-country) without a
license to or within Macau as a result of this regulatory action that
were on dock for loading, on lighter, laden aboard an exporting
carrier, or en route aboard a carrier to a port of export, on January
17, 2023, may continue to the destination under the previous license
exception eligibility or without a license so long as they have been
exported, reexported or transferred (in-country) before February 16,
2023. Any such items not actually exported, reexported or transferred
(in-country) before midnight, on February 16, 2023, require a license
in accordance with this interim final rule.
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 the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. Sections 4801-4852). ECRA provides the legal
basis for BIS's principal authorities and serves as the authority under
which BIS issues this rule. To the extent it applies to certain
activities that are the subject of this rule, the Trade Sanctions
Reform and Export Enhancement Act of 2000 (TSRA) (codified, as amended,
at 22 U.S.C. Sections 7201-7211) also serves as authority for this
rule.
Rulemaking Requirements
    1. This interim final rule is not a ``significant regulatory
action'' because it ``pertain[s]'' to a ``military or foreign affairs
function of the United States'' under sec. 3(d)(2) of Executive Order
12866.
    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 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number.
    This rule involves the following OMB-approved collections of
information subject to the PRA:
     0694-0088, ``Multi-Purpose Application,'' which carries a
burden hour estimate of 29.4 minutes for a manual or electronic
submission;
     0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute; and
     0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
    BIS does not anticipate any changes in these estimates as a result
of the changes include in today's rule. Additional information
regarding these collections of information--including all background
materials--can be found at https://www.reginfo.gov/public/do/PRAMain by
using the search function to enter either the title of the collection
or the OMB Control Number.

    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 ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date. While section 1762 of ECRA
provides sufficient authority for such an exemption, this action is
also independently exempt from these APA requirements because it
involves a military or foreign affairs function of the United States (5
U.S.C. 553(a)(1)).
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 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

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology.

15 CFR Parts 736 and 772

    Exports.

15 CFR Part 740

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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 762

    Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 734, 736, 740, 742,
744, 762, 772, and 774 of the Export Administration Regulations (15 CFR
parts 730 through 774) are amended as follows:

PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS

0
1. The authority citation for part 734 is revised to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 8, 2022, 87 FR 68015 (November 10, 2022).

0
2. Section 734.9 is amended by revising paragraphs (h)(2)(i) and (ii)
and (i)(2)(i) and (ii) to read as follows:

Sec.  734.9  Foreign-Direct Product (FDP) Rules.

* * * * *
    (h) * * *
    (2) * * *
    (i) Destined to the PRC or Macau or will be incorporated into any
``part,'' ``component,'' ``computer,'' or ``equipment'' not designated
EAR99 that is destined to the PRC or Macau; or
    (ii) Technology developed by an entity headquartered in the PRC or
Macau for the ``production'' of a mask or an integrated circuit wafer
or die.
* * * * *
    (i) * * *
    (2) * * *
    (i) Used in the design, ``development,'' ``production,'' operation,
installation (including on-site installation), maintenance (checking),
repair, overhaul, or refurbishing of, a ``supercomputer'' located in or
destined to the PRC or Macau; or
    (ii) Incorporated into, or used in the ``development,'' or
``production,'' of any ``part,'' ``component,'' or ``equipment'' that
will be used in a ``supercomputer'' located in or destined to the PRC
or Macau.

0
3. Supplement No. 1 to part 734 is amended by revising paragraph (b)(2)
to read as follows:

Supplement No. 1 to Part 734--Model Certification for Purposes of
Advanced Computing FDP Rule

* * * * *
    (b) * * *
    (2) My organization is aware that the items, [INSERT A
DESCRIPTION OF THE ITEMS], provided to this exporter, reexporter, or
transferor, [INSERT NAME OF EXPORTER, REEXPORTER, OR TRANSFEROR],
could be subject to the U.S. Export Administration Regulations (EAR)
(15 CFR 730-774) if future transactions are within the destination
scope of Sec.  734.9(h)(2)(i) or (ii) and exported or reexported to
or transferred within the People's Republic of China (China) or
Macau;
* * * * *

PART 736--GENERAL PROHIBITIONS

0
4. The authority citation for part 736 is revised to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp.,
p. 168; Notice of May 9, 2022, 87 FR 28749 (May 10, 2022); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).

0
5. Supplement No. 1 to part 736 is amended by revising paragraph (d) to
read as follows:

Supplement No. 1 to Part 736--General Orders

* * * * *
    (d) General Order No. 4: The purpose of this General Order is to
avoid disruption of supply chains for items specified in paragraph
(d)(1) of this supplement that are ultimately destined to customers
outside of People's Republic of China (China) or Macau.
    (1) Temporary General License (TGL). BIS authorizes, from
October 21, 2022, through April 7, 2023, exports, reexports, in-
country transfers, and exports from abroad destined to or within
China or Macau by companies not headquartered in Country Groups D:1
or D:5 or E (see supplement no. 1 to part 740 of the EAR) to
continue or engage in integration, assembly (mounting), inspection,
testing, quality assurance, and distribution of items covered by
ECCN 3A090, 4A090, and associated software and technology in ECCN
3D001, 3E001, 4D090, or 4E001; or any item that is a computer,
integrated circuit, ``electronic assembly'' or ``component'' and
associated software and technology, specified elsewhere on Commerce
Control List (supplement no. 1 to part 774 of the EAR), which meets
or exceeds the performance parameters of ECCN 3A090 or 4A090. This
does not authorize the export, reexport, in-country transfer, or
export from abroad to ``end-users'' or ``ultimate consignees'' in
China or Macau. This TGL does not overcome the license requirements
of Sec. Sec.  744.11 or 744.21 when an entity listed in supplements
no. 4 or 7 to part 744 is a party to the transaction as described in
Sec.  748.5(c) through (f) of the EAR, or when there is knowledge of
any other prohibited end use or end user. This TGL is only for
companies that engage in the specific activities authorized under
this TGL.
    (2) Recordkeeping requirement. Prior to any export, reexport, or
transfer (in-country) to China or Macau pursuant to this TGL, the
exporter, reexporter, or transferor, must retain the name of the
entity receiving the item and the complete physical address of where
the item is destined in China or Macau and the location of that
company's headquarters.
* * * * *

PART 740--LICENSE EXCEPTIONS

0
6. The authority citation for part 740 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 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.

0
7. Section 740.2 is amended by revising the first sentence of paragraph
(a)(9) introductory text to read as follows:

Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (9) The item is identified in paragraphs (a)(9)(i) and (ii) of this
section, being exported, reexported, or transferred (in-country) to or
within the People's Republic of China (PRC) or Macau, and the license
exception is other than: RPL (excluding 3B090, 3D001 (for 3B090), and
3E001 (for 3B090)), under the provisions of Sec.  740.10, including
Sec.  740.10(a)(3)(v), which prohibits exports and reexports of
replacement parts to countries in Country Group E:1 (see supplement no.
1 to this part)); GOV, restricted to eligibility under the provisions
of Sec.  740.11(b)(2)(ii); or TSU (excluding 3B090, 3D001 (for 3B090),
and 3E001 (for 3B090)), under the provisions of Sec.  740.13(a) and
(c). * * *
* * * * *

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
8. The authority citation for part 742 is revised to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 8, 2022, 87 FR 68015 (November 10,
2022).

0
9. Section 742.6 is amended by revising paragraphs (a)(6) and (b)(10)
to read as follows:

Sec.  742.6   Regional stability.

    (a) * * *
    (6) RS requirement that applies to the People's Republic of China
(China) and Macau for advanced computing and semiconductor
manufacturing items--(i) Exports, reexports, transfers (in-country). A
license is required for items specified in ECCNs 3A090, 3B090, 4A090,
5A992 (that meet or exceed the performance parameters of ECCNs 3A090 or
4A090) and associated software and technology in 3D001 (for 3A090 or
3B090), 3E001 (for 3A090 or 3B090), 3B090, or 3D001 (for 3A090 or
3B090), 4D090, 4E001 (for 4A090 and 4D090), and 5D992 (that meet or
exceed the performance parameters of ECCNs 3A090 or 4A090) being
exported, reexported, or transferred (in-country) to or within China or
Macau. A license is also required for the export from China or Macau to
any destination worldwide of 3E001 (for 3A090) technology developed by
an entity headquartered in China or Macau that is the direct product of
software subject to the EAR and is for the ``production'' of
commodities identified in ECCNs 3A090, 4A090, or identified elsewhere
on the CCL that meet or exceed the performance parameters of ECCNs
3A090 or 4A090, consistent with Sec.  734.9(h)(1)(i)(B)(1) and
(h)(2)(ii) of the EAR.
    (ii) Deemed exports. The license requirements in this paragraph
(a)(6) do not apply to deemed exports or deemed reexports.
* * * * *
    (b) * * *
    (10) Advanced computing and semiconductor manufacturing items when
destined to China or Macau. There is a presumption of denial for
applications for items specified in paragraph (a)(6) of this section
being exported, reexported, or transferred (in-country) to or within
China or Macau. See Sec.  744.11(a)(2)(ii) of the EAR for license
requirements, license review policy, and license exceptions applicable
to specific entities. License applications for semiconductor
manufacturing items, such as semiconductor equipment, destined to end
users in China or Macau that are headquartered in the United States or
in a country in Country Group A:5 or A:6 will be considered on a case-
by-case basis, taking into account factors including technology level,
customers and compliance plans.
* * * * *

PART 744--END-USE AND END-USER CONTROLS

0
10. The authority citation for part 744 is revised to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR,
1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 19, 2022, 87 FR 57569 (September 21, 202); Notice of
November 8, 2022, 87 FR 68015 (November 10, 2022).

0
11. Section 744.6 is amended by revising paragraphs (c)(2) and (e)(3)
to read as follows:

Sec.  744.6  Restrictions on specific activities of ``U.S. persons.''

* * * * *
    (c) * * *
    (2) Consistent with paragraph (c)(1) of this section, BIS is hereby
informing ``U.S. persons'' that a license is required for the following
activities, which could involve `support' for the weapons of mass
destruction-related end uses set forth in paragraph (b) of this
section.
    (i) Shipping, transmitting, or transferring (in-country) to or
within the PRC or Macau any item not subject to the EAR that you know
will be used in the ``development'' or ``production'' of integrated
circuits at a semiconductor fabrication ``facility'' located in the PRC
or Macau that fabricates integrated circuits meeting any of the
following criteria:
    (A) Logic integrated circuits using a non-planar architecture or
with a ``production'' technology node of 16/14 nanometers or less;
    (B) NOT-AND (NAND) memory integrated circuits with 128 layers or
more; or
    (C) Dynamic random-access memory (DRAM) integrated circuits using a
``production'' technology node of 18 nanometer half-pitch or less; or
    (ii) Facilitating the shipment, transmission, or transfer (in-
country) of any item not subject to the EAR that you know will be used
in the ``development'' or ``production'' of integrated circuits at a
semiconductor fabrication ``facility'' located in the PRC or Macau that
fabricates integrated circuits that meet any of the criteria in
paragraphs (c)(2)(i)(A) through (C) of this section;
    (iii) Servicing any item not subject to the EAR that you know will
be used in the ``development'' or ``production'' of integrated circuits
at a semiconductor fabrication ``facility'' located in the PRC or Macau
that fabricates integrated circuits that meet any of the criteria in
paragraphs (c)(2)(i)(A) through (C) of this section;
    (iv) Shipping, transmitting, or transferring (in-country) to or
within the PRC or Macau any item not subject to the EAR and meeting the
parameters of any ECCN in Product Groups B, C, D, or

E in Category 3 of the CCL that you know will be used in the
``development'' or ``production'' of integrated circuits at any
semiconductor fabrication ``facility'' located in the PRC or Macau, but
you do not know whether such semiconductor fabrication ``facility''
fabricates integrated circuits that meet any of the criteria in
paragraphs (c)(2)(i)(A) through (C) of this section;
    (v) Facilitating the shipment, transmission, or transfer (in-
country) to or within the PRC or Macau of any item not subject to the
EAR and meeting the parameters of any ECCN in Product Groups B, C, D,
or E in Category 3 of the CCL that you know will be used in the
``development'' or ``production,'' of integrated circuits at any
semiconductor fabrication ``facility'' located in the PRC or Macau, but
you do not know whether such semiconductor fabrication ``facility''
fabricates integrated circuits that meet any of the criteria in
paragraphs (c)(2)(i)(A) through (C) of this section;
    (vi) Servicing any item not subject to the EAR and meeting the
parameters of any ECCN in Product Groups B, C, D, or E in Category 3 of
the CCL that you know will be used in the ``development'' or
``production'' of integrated circuits at any semiconductor fabrication
``facility'' located in the PRC or Macau, but you do not know whether
such semiconductor fabrication ``facility'' fabricates integrated
circuits that meet any of the criteria in paragraphs (c)(2)(i)(A)
through (C) of this section;
    (vii) Shipping, transmitting, or transferring (in-country) to or
within the PRC or Macau any item not subject to the EAR and meeting the
parameters of ECCN 3B090, 3D001 (for 3B090), or 3E001 (for 3B090)
regardless of end use or end user;
    (viii) Facilitating the shipment, transmission, or transfer (in-
country) to or within the PRC or Macau of any item not subject to the
EAR and meeting the parameters of ECCN 3B090, 3D001 (for 3B090), or
3E001 (for 3B090), regardless of end use or end user; or
    (ix) Servicing any item not subject to the EAR located in the PRC
or Macau and meeting the parameters of ECCN 3B090, 3D001 (for 3B090),
or 3E001 (for 3B090), regardless of end use or end user.
* * * * *
    (e) * * *
    (3) Applications for licenses submitted pursuant to the notice of a
license requirement set forth in paragraph (c)(2) of this section will
be reviewed with a presumption of denial, except for end users in the
PRC or Macau headquartered in the United States or a country in Country
Group A:5 or A:6, which will be considered on a case-by-case basis
taking into account factors including technology level, customers, and
compliance plans.

0
12. Section 744.23 is amended by revising paragraphs (a)(2) and (d) to
read as follows:

Sec.  744.23   ``Supercomputer'' and semiconductor manufacturing end
use.

    (a) * * *
    (2) End-use scope. The following activities meet the end-use scope
of the prohibition in this section:
    (i) The ``development,'' ``production,'' ``use,'' operation,
installation (including on-site installation), maintenance (checking),
repair, overhaul, or refurbishing of a ``supercomputer'' located in or
destined to the PRC or Macau;
    (ii) The incorporation into, or the ``development'' or
``production'' of any ``component'' or ``equipment'' that will be used
in a ``supercomputer'' located in or destined to the PRC or Macau; or
    (iii) The ``development'' or ``production,'' of integrated circuits
at a semiconductor fabrication ``facility'' located in the PRC or Macau
that fabricates integrated circuits meeting any of the following
criteria:
    (A) Logic integrated circuits using a non-planar transistor
architecture or with a ``production'' technology node of 16/14
nanometers or less;
    (B) NOT AND (NAND) memory integrated circuits with 128 layers or
more; or
    (C) Dynamic random-access memory (DRAM) integrated circuits using a
``production'' technology node of 18 nanometer half-pitch or less; or
    (iv) The ``development'' or ``production'' of integrated circuits
at any semiconductor fabrication ``facility'' located in the PRC or
Macau, but you do not know whether such semiconductor fabrication
``facility'' fabricates integrated circuits that meet any of the
criteria in paragraphs (a)(2)(iii)(A) through (C) of this section; or
    (v) The ``development'' or ``production'' in the PRC or Macau of
any ``parts,'' ``components,'' or ``equipment'' specified under ECCN
3B001, 3B002, 3B090, 3B611, 3B991, or 3B992.
* * * * *
    (d) License review standards. There is a presumption of denial for
applications to export, reexport, or transfer (in-country) items
described in paragraph (a)(1) of this section that are for end uses
described in paragraph (a)(2) of this section, except for items
controlled under paragraph (a)(2)(iii) of this section for end users in
China or Macau that are headquartered in the United States or in a
Country Group A:5 or A:6 country, which will be considered on a case-
by-case basis taking into account factors including technology level,
customers and compliance plans.

PART 774--THE COMMERCE CONTROL LIST

0
13. The authority citation for part 774 continues to read as follows:

    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; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

0
14. Supplement no. 1 to part 774 is amended by revising ECCNs 3A090,
3B090, 3D001, 3E001, 4A090, 4D090, and 4E001 to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *

3A090 Integrated circuits as follows (see List of Items Controlled).

License Requirements

Reason for Control: RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  China and Macau (See Sec.
                                             742.6(a)(6))
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: See ECCNs 3D001 and 3E001 for associated
technology and software controls.
Related Definitions: N/A
Items:

    a. Integrated circuits that have or are programmable to have an
aggregate bidirectional transfer rate over all inputs and outputs of
600 Gbyte/s or more to or from integrated circuits other than
volatile memories, and any of the following:
    a.1. One or more digital processor units executing machine
instructions having a bit length per operation multiplied by
processing performance measured in TOPS, aggregated over all
processor units, of 4800 or more;
    a.2. One or more digital `primitive computational units,'
excluding those units contributing to the execution of machine
instructions relevant to the calculation of TOPS for 3A090.a.1,
having a bit length per

operation multiplied by processing performance measured in TOPS,
aggregated over all computational units, of 4800 or more;
    a.3. One or more analog, multi-value, or multi-level `primitive
computational units' having a processing performance measured in
TOPS multiplied by 8, aggregated over all computational units, of
4800 or more; or
    a.4. Any combination of digital processor units and `primitive
computational units' whose calculations according to 3A090.a.1,
3A090.a.2, and 3A090.a.3 sum to 4800 or more.
    Note: Integrated circuits specified by 3A090.a include graphical
processing units (GPUs), tensor processing units (TPUs), neural
processors, in-memory processors, vision processors, text
processors, co-processors/accelerators, adaptive processors, field-
programmable logic devices (FPLDs), and application-specific
integrated circuits (ASICs). Examples of integrated circuits are in
the Note to 3A001.a.
    Technical Notes:
    1. A `primitive computational unit' is defined as containing
zero or more modifiable weights, receiving one or more inputs, and
producing one or more outputs. A computational unit is said to
perform 2N-1 operations whenever an output is updated based on N
inputs, where each modifiable weight contained in the processing
element counts as an input. Each input, weight, and output might be
an analog signal level or a scalar digital value represented using
one or more bits. Such units include:

--Artificial neurons
--Multiply accumulate (MAC) units
--Floating-point units (FPUs)
--Analog multiplier units
--Processing units using memristors, spintronics, or magnonics
--Processing units using photonics or non-linear optics
--Processing units using analog or multi-level nonvolatile weights
--Processing units using multi-level memory or analog memory
--Multi-value units
--Spiking units

    2. Operations relevant to the calculation of TOPS for 3A090.a
include both scalar operations and the scalar constituents of
composite operations such as vector operations, matrix operations,
and tensor operations. Scalar operations include integer operations,
floating-point operations (often measured by FLOPS), fixed-point
operations, bit-manipulation operations, and/or bitwise operations.
    3. TOPS is Tera Operations Per Second or 10\12\ Operations per
Second.
    4. The rate of TOPS is to be calculated at its maximum value
theoretically possible when all processing elements are operating
simultaneously. The rate of TOPS and aggregate bidirectional
transfer rate is assumed to be the highest value the manufacturer
claims in a manual or brochure for the integrated circuit. For
example, the threshold of 4800 bits x TOPS can be met with 600 tera
integer operations at 8 bits or 300 tera FLOPS at 16 bits. The bit
length of an operation is equal to the highest bit length of any
input or output of that operation. Additionally, if an item
specified by this entry is designed for operations that achieve
different bits x TOPS value, the highest bits x TOPS value should be
used for the purposes of 3A090.a.
    5. For integrated circuits specified by 3A090.a that provide
processing of both sparse and dense matrices, the TOPS values are
the values for processing of dense matrices (e.g., without
sparsity).
    b. [Reserved]
* * * * *
3B090 Semiconductor manufacturing equipment, not controlled by
3B001, as follows (see List of Items Controlled) and ``specially
designed'' ``parts,'' ``components,'' and ``accessories'' therefor.

License Requirements

Reason for Control: RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  China and Macau (see Sec.
                                             742.6(a)(6))
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. Semiconductor manufacturing deposition equipment, as follows:
    a.1. Equipment for depositing cobalt through electroplating
processes.
    a.2. Chemical vapor deposition equipment capable of deposition
of cobalt or tungsten fill metal having a void/seam having a largest
dimension less than or equal to 3 nm in the fill metal using a
bottom-up fill process.
    a.3 Equipment capable of fabricating a metal contact within one
processing chamber by:
    a.3.a. Depositing a layer using an organometallic tungsten
compound while maintaining the wafer substrate temperature between
100 [deg]C and 500 [deg]C; and
    a.3.b. Conducting a plasma process where the chemistries include
hydrogen, including H2+N2 and NH3.
    a.4. Equipment capable of fabricating a metal contact in a
vacuum environment by:
    a.4.a. Using a surface treatment during a plasma process where
the chemistries include hydrogen, including H2,
H2+N2, and NH3, while maintaining
the wafer substrate temperature between 100 [deg]C and 500 [deg]C;
    a.4.b. Using a surface treatment consisting of a plasma process
where the chemistries include oxygen (including O2 and
O3) while maintaining the wafer substrate temperature
between 40 [deg]C and 500 [deg]C; and
    a.4.c. Depositing a tungsten layer while maintaining the wafer
substrate temperature between 100[deg]C and 500[deg]C.
    a.5. Equipment capable of depositing a cobalt metal layer
selectively in a vacuum environment where the first step uses a
remote plasma generator and an ion filter, and the second step is
the deposition of the cobalt layer using an organometallic compound.
    Note: This control does not apply to equipment that is non-
selective.
    a.6. Physical vapor deposition equipment capable of depositing a
cobalt layer with a thickness of 10 nm or less on a top surface of a
copper or cobalt metal interconnect.
    a.7. Atomic layer deposition equipment capable of depositing a
`work function metal' for the purpose of adjusting transistor
electrical parameters by delivering an organometallic aluminum
compound and a titanium halide compound onto a wafer substrate.
    Technical note: `Work function metal' is a material that
controls the threshold voltage of a transistor.
    a.8. Equipment capable of fabricating a metal contact in a
vacuum environment by depositing all of the following:
    a.8.a. A titanium nitride (TiN) or tungsten carbide (WC) layer
using an organometallic compound while maintaining the wafer
substrate temperature between 20 [deg]C and 500 [deg]C;
    a.8.b. A cobalt layer using a physical sputter deposition
technique where the process pressure is 1-100 mTorr while
maintaining the wafer substrate temperature below 500 [deg]C; and
    a.8.c. A cobalt layer using an organometallic compound, where
the process pressure is 1-100 Torr, and the wafer substrate
temperature is maintained between 20 [deg]C and 500 [deg]C.
    a.9. Equipment capable of fabricating copper metal interconnects
in a vacuum environment that deposits all of the following:
    a.9.a. A cobalt or ruthenium layer using organometallic compound
where the process pressure is 1-100 Torr, and the wafer substrate
temperature is maintained between 20 [deg]C and 500 [deg]C; and
    a.9.b. A copper layer using a physical vapor deposition
technique where the process pressure is 1-100m Torr and the wafer
substrate temperature is maintained below 500 [deg]C.
    a.10. Equipment capable of area selective deposition of a
barrier or liner using an organometallic compound.
    Note: 3B090.a.10 includes equipment capable of area selective
deposition of a barrier layer to enable fill metal contact to an
underlying electrical conductor without a barrier layer at the fill
metal via interface to an underlying electrical conductor.
    a.11. Atomic layer deposition equipment capable of producing a
void/seam free fill of tungsten or cobalt in a structure having an
aspect ratio greater than 5:1, with openings smaller than 40 nm, and
at temperatures less than 500 [deg]C.
* * * * *
3D001 ``Software'' ``specially designed'' for the ``development'' or
``production'' of commodities controlled by 3A001.b to 3A002.h,
3A090, or 3B (except 3B991 and 3B992).

License Requirements

Reason for Control: NS, RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to ``software'' for commodities  NS Column 1
 controlled by 3A001.b to 3A001.h, 3A002,
 and 3B.
RS applies to ``software'' for commodities  China and Macau (see Sec.
 controlled by 3A090 or 3B090.               742.6(a)(6))
AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: Yes, except for ``software'' ``specially designed'' for the
``development'' or ``production'' of Traveling Wave Tube Amplifiers
described in 3A001.b.8 having operating frequencies exceeding 18
GHz.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``software'' ``specially designed'' for the ``development'' or
``production'' of equipment specified by 3A002.g.1 or 3B001.a.2 to
any of the destinations listed in Country Group A:6 (See Supplement
No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.
* * * * *
3E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of commodities controlled by
3A (except 3A980, 3A981, 3A991, 3A992, or 3A999), 3B (except 3B991
or 3B992) or 3C (except 3C992).

License Requirements

Reason for Control: NS, MT, NP, RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to ``technology'' for            NS Column 1
 commodities controlled by 3A001, 3A002,
 3A003, 3B001, 3B002, or 3C001 to 3C006.
MT applies to ``technology'' for            MT Column 1
 commodities controlled by 3A001 or 3A101
 for MT reasons.
NP applies to ``technology'' for            NP Column 1
 commodities controlled by 3A001, 3A201,
 or 3A225 to 3A234 for NP reasons.
RS applies to ``technology'' for            China and Macau (See Sec.
 commodities controlled by 3A090 or 3B090    742.6(a)(6))
 or ``software'' specified by 3D001 (for
 3A090 or 3B090 commodities).
RS applies to ``technology'' for            Worldwide (See Sec.
 commodities controlled in 3A090, when       742.6(a)(6))
 exported from China or Macau.
AT applies to entire entry................  AT Column 1

    License Requirements Note: See Sec.  744.17 of the EAR for
additional license requirements for microprocessors having a
processing speed of 5 GFLOPS or more and an arithmetic logic unit
with an access width of 32 bit or more, including those
incorporating ``information security'' functionality, and associated
``software'' and ``technology'' for the ``production'' or
``development'' of such microprocessors.

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, Special Comprehensive Licenses,
and Validated End-User authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: Yes, except N/A for MT, and ``technology'' for the
``development'' or ``production'' of: (a) vacuum electronic device
amplifiers described in 3A001.b.8, having operating frequencies
exceeding 19 GHz; (b) solar cells, coverglass-interconnect-cells or
covered-interconnect-cells (CIC) ``assemblies'', solar arrays and/or
solar panels described in 3A001.e.4; (c) ``Monolithic Microwave
Integrated Circuit'' (``MMIC'') amplifiers in 3A001.b.2; and (d)
discrete microwave transistors in 3A001.b.3.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment specified by ECCNs
3A002.g.1 or 3B001.a.2 to any of the destinations listed in Country
Group A:6 (See Supplement No. 1 to part 740 of the EAR). License
Exception STA may not be used to ship or transmit ``technology''
according to the General Technology Note for the ``development'' or
``production'' of components specified by ECCN 3A001.b.2 or b.3 to
any of the destinations listed in Country Group A:5 or A:6 (See
Supplement No.1 to part 740 of the EAR).

List of Items Controlled

Related Controls: (1)``Technology'' according to the General
Technology Note for the ``development'' or ``production'' of certain
``space-qualified'' atomic frequency standards described in Category
XV(e)(9), MMICs described in Category XV(e)(14), and oscillators
described in Category XV(e)(15) of the USML are ``subject to the
ITAR'' (see 22 CFR parts 120 through 130). See also 3E101, 3E201 and
9E515. (2) ``Technology'' for ``development'' or ``production'' of
``Microwave Monolithic Integrated Circuits'' (``MMIC'') amplifiers
in 3A001.b.2 is controlled in this ECCN 3E001; 5E001.d refers only
to that additional ``technology'' ``required'' for
telecommunications.
Related Definition: N/A
Items:
    The list of items controlled is contained in the ECCN heading.
    Note 1: 3E001 does not control ``technology'' for equipment or
``components'' controlled by 3A003.
    Note 2: 3E001 does not control ``technology'' for integrated
circuits controlled by 3A001.a.3 to a.14, having all of the
following:
    (a) Using ``technology'' at or above 0.130 m; and
    (b) Incorporating multi-layer structures with three or fewer
metal layers.
    Note 3: 3E001 does not apply to `Process Design Kits' (`PDKs')
unless they include libraries implementing functions or technologies
for items specified by 3A001.
    Technical Note: A `Process Design Kit' (`PDK') is a software
tool provided by a semiconductor manufacturer to ensure that the
required design practices and rules are taken into account in order
to successfully produce a specific integrated circuit design in a
specific semiconductor process, in accordance with technological and
manufacturing constraints (each semiconductor manufacturing process
has its particular `PDK').
* * * * *
4A090 Computers as follows (see List of Items Controlled) and
related equipment, ``electronic assemblies,'' and ``components''
therefor.

License Requirements

Reason for Control: RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  China and Macau (see Sec.
                                             742.6(a)(6))
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: For associated ``software'' for commodities in
this ECCN, see 4D090 and for associated ``technology'' for
commodities in this ECCN, see 4E001.

Related Definitions: N/A
Items:

    a. Computers, ``electronic assemblies,'' and ``components''
containing integrated circuits, any of which exceeds the limit in
3A090.a.
    Technical Note: Computers include ``digital computers,''
``hybrid computers,'' and analog computers.
    b. Reserved
* * * * *
4D090 ``Software'' ``specially designed'' or modified for the
``development'' or ``production,'' of computers and related
equipment, ``electronic assemblies,'' and ``components'' therefor
specified in ECCN 4A090.

License Requirements

Reason for Control: RS, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

RS applies to entire entry................  China and Macau (See Sec.
                                             742.6(a)(6))
AT applies to entire entry................  AT Column 1

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: N/A

List of Items Controlled

Related Controls: For associated ``technology'' for software in this
ECCN, see 4E001.
Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.
* * * * *
4E001 ``Technology'' as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, RS, CC, AT

                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry................  NS Column 1
MT applies to ``technology'' for items      MT Column 1
 controlled by 4A001.a and 4A101 for MT
 reasons.
RS applies to ``technology'' for            China and Macau (See Sec.
 commodities controlled by 4A090 or          742.6(a)(6))
 ``software'' specified by 4D090.
CC applies to ``software'' for              CC Column 1
 computerized finger-print equipment
 controlled by 4A003 for CC reasons.
AT applies to entire entry................  AT Column 1

Reporting Requirements

    See Sec.  743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.

List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)

TSR: Yes, except for the following:
    (1) ``Technology'' for the ``development'' or ``production'' of
commodities with an ``Adjusted Peak Performance'' (``APP'')
exceeding 29 WT or for the ``development'' or ``production'' of
commodities controlled by 4A005 or ``software'' controlled by 4D004;
or
    (2) ``Technology'' for the ``development'' of ``intrusion
software''.

APP: Yes to specific countries (see Sec.  740.7 of the EAR for
eligibility criteria).
ACE: Yes for 4E001.a (for the ``development'', ``production'' or
``use'' of equipment or ``software'' specified in ECCN 4A005 or
4D004) and for 4E001.c, except to Country Group E:1 or E:2. See
Sec.  740.22 of the EAR for eligibility criteria.

Special Conditions for STA

STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of any of the following equipment
or ``software'': a. Equipment specified by ECCN 4A001.a.2; b.
``Digital computers'' having an `Adjusted Peak Performance' (`APP')
exceeding 29 Weighted TeraFLOPS (WT); or c. ``software'' specified
in the License Exception STA paragraph found in the License
Exception section of ECCN 4D001 to any of the destinations listed in
Country Group A:6 (See Supplement No. 1 to part 740 of the EAR); and
may not be used to ship or transmit ``software'' specified in
4E001.a (for the ``development'', ``production'' or ``use'' of
equipment or ``software'' specified in ECCN 4A005 or 4D004) and
4E001.c to any of the destinations listed in Country Group A:5 or
A:6.

List of Items Controlled

Related Controls: N/A
Related Definitions: N/A
Items:

    a. ``Technology'' according to the General Technology Note, for
the ``development'', ``production'', or ``use'' of equipment or
``software'' controlled by 4A (except 4A980 or 4A994) or 4D (except
4D980, 4D993, 4D994).
    b. ``Technology'' according to the General Technology Note,
other than that controlled by 4E001.a, for the ``development'' or
``production'' of equipment as follows:
    b.1. ``Digital computers'' having an ``Adjusted Peak
Performance'' (``APP'') exceeding 15 Weighted TeraFLOPS (WT);
    b.2. ``Electronic assemblies'' ``specially designed'' or
modified for enhancing performance by aggregation of processors so
that the ``APP'' of the aggregation exceeds the limit in 4E001.b.1.
    c. ``Technology'' for the ``development'' of ``intrusion
software.''
    Note 1: 4E001.a and 4E001.c do not apply to ``vulnerability
disclosure'' or ``cyber incident response''.
    Note 2: Note 1 does not diminish national authorities' rights to
ascertain compliance with 4E001.a and 4E001.c.
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-00888 Filed 1-17-23; 8:45 am]
BILLING CODE 3510-33-P


[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Rules and Regulations]
[Pages 6795-6796]
[FR Doc No: 2018-03177]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2018-0080]

Drawbridge Operation Regulation; Hampton River, Hampton, NH

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR1A Bridge across the Hampton
River, mile 0.0, at Hampton, NH. The deviation is necessary to allow
the replacement of couplers on the bridge. This deviation allows the
bridge to be closed to navigation.

DATES: This deviation is effective from 6:30 a.m. on February 19, 2018
to 11:59 p.m. on March 23, 2018.

ADDRESSES: The docket for this deviation, USCG-2018-0080 is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Jeffrey Stieb, First Coast Guard
District Bridge Branch, Coast Guard; telephone<PHONE_NUMBER>, email
[email protected].

SUPPLEMENTARY INFORMATION: The owner of the bridge, the New Hampshire
Department of Transportation (NH DOT), requested a temporary deviation
to replace the failed couplings to the operating machinery of the
bridge. The SR1A Bridge across the Hampton River, mile 0.0, at Hampton,
New Hampshire, has a vertical clearance in the closed position of 18
feet at mean high water and 26.5 feet at mean low water. The existing
bridge operating regulations are found at 33 CFR 117.697.
    This temporary deviation allows the bridge to remain in the closed
to navigation position from 6:30 a.m. on February 19, 2018, through
11:59 p.m. on March 23, 2018. The deviation will have negligible effect
on vessel navigation. The waterway is transited primarily by seasonal
recreational vessels and small commercial fishing vessels. In 2016 and
in 2017 there were only three openings in the month of March.
    NH DOT has met and maintained frequent communication with waterway
users, the harbormaster and town officials through direct contact and
public meetings. No objections to the proposed closure were received.
Vessels that can pass through the bridge in the closed position may do
so. The bridge will not be able to open for emergencies and there is no
immediate alternate route for vessels unable to pass through the bridge
in the closed position. The Coast Guard will inform waterway users of
the closure through Local and Broadcast Notices to Mariners in order to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: February 1, 2018.
Christopher J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2018-03177 Filed 2-14-18; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: June 2, 2008 (Volume 73, Number 106)]
[Rules and Regulations]
[Page 31353-31354]
[DOCID:fr02jn08-2]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2008-0284; Directorate Identifier 2008-CE-006-AD;
Amendment 39-15541; AD 2008-11-18]
RIN 2120-AA64

Airworthiness Directives; Cirrus Design Corporation Model SR20
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Cirrus Design Corporation (CDC) Model SR20 airplanes. This AD requires
you to perform an inspection and replacement as necessary of the heat
exchanger. This AD results from the discovery of engine exhaust fumes
in the cabin of CDC Model SR20 airplanes. We are issuing this AD to
detect and correct leaks in the exhaust system, which could result in
exhaust gases leaking into the cabin heating system. This condition
could lead to carbon monoxide in the cabin and incapacitation of the
pilot.

DATES: This AD becomes effective on July 7, 2008.
    On July 7, 2008, the Director of the Federal Register approved the
incorporation by reference of certain publications listed in this AD.

ADDRESSES: For service information identified in this AD, contact
Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota 55811,
telephone:<PHONE_NUMBER>.
    To view the AD docket, go to U.S. Department of Transportation,
Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200
New Jersey Avenue, SE., Washington, DC 20590, or on the Internet at
http://www.regulations.gov. The docket number is FAA-2008-0284;
Directorate Identifier 2008-CE-006-AD.

FOR FURTHER INFORMATION CONTACT: Michael Downs, Aerospace Engineer,
Chicago ACO, 2300 East Devon Avenue, Room 107, Des Plaines, Illinois
60018; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    On March 4, 2008, we issued a proposal to amend part 39 of the
Federal Aviation Regulations (14 CFR part 39) to include an AD that
would apply to SR20 airplanes. This proposal was published in the
Federal Register as a notice of proposed rulemaking (NPRM) on March 12,
2008 (73 FR 13157). The NPRM proposed to require an inspection and
replacement as necessary of the heat exchanger. This AD results from
the discovery of engine exhaust fumes in the cabin of CDC Model SR20
airplanes. We are issuing this AD to detect and correct leaks in the
exhaust system, which could result in exhaust gases leaking into the
cabin heating system. This condition could lead to carbon monoxide in
the cabin and incapacitation of the pilot.

Comments

    We provided the public the opportunity to participate in developing
this AD. We received no comments on the proposal or on the
determination of the cost to the public.

Conclusion

    We have carefully reviewed the available data and determined that
air safety and the public interest require adopting the AD as proposed
except for minor editorial corrections. We have determined that these
minor corrections:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Costs of Compliance

    We estimate that this AD affects 713 airplanes in the U.S.
registry.
    We estimate the following costs to do the inspection:

----------------------------------------------------------------------------------------------------------------
                                                                                Total cost  per   Total cost on
                          Labor cost                              Parts cost        airplane      U.S. operators
----------------------------------------------------------------------------------------------------------------
1 work-hour x $80 per hour = $80.............................              $0              $80          $57,040
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacement
that would be required based on the results of the proposed inspection.
We have no way of determining the number of airplanes that may need
this replacement:

------------------------------------------------------------------------
                                                         Total cost  per
              Labor cost                   Parts cost        airplane
------------------------------------------------------------------------
1 work-hour x $80 per hour = $80......            $848             $928
------------------------------------------------------------------------

    Warranty credit will be given to the extent specified in Cirrus
Service Bulletin SB 2X-78-07 R1, Revision 1, dated December 18, 2007.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106 describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701,

``General requirements.'' Under that section, Congress charges the FAA
with promoting safe flight of civil aircraft in air commerce by
prescribing regulations for practices, methods, and procedures the
Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it addresses
an unsafe condition that is likely to exist or develop on products
identified in this AD.

Regulatory Findings

    We have determined that this AD will not have federalism
implications under Executive Order 13132. This AD will not have a
substantial direct effect on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a summary of the costs to comply with this AD (and
other information as included in the Regulatory Evaluation) and placed
it in the AD Docket. You may get a copy of this summary by sending a
request to us at the address listed under ADDRESSES. Include ``Docket
No. FAA-2008-0284; Directorate Identifier 2008-CE-006-AD'' in your
request.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the Federal Aviation Administration amends part 39 of the Federal
Aviation Regulations (14 CFR part 39) as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. FAA amends Sec.  39.13 by adding the following new AD:

2008-11-18 Cirrus Design Corporation: Amendment 39-15541; Docket No.
FAA-2008-0284; Directorate Identifier 2008-CE-006-AD.

Effective Date

    (a) This AD becomes effective on July 7, 2008.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model SR20 airplanes, serial numbers 1005
through 1815, that are certificated in any category.

Unsafe Condition

    (d) This AD results from the discovery of engine exhaust fumes
in the cabin of Cirrus Design Corporation Model SR20 airplanes. We
are issuing this AD to detect and correct leaks in the exhaust
system, which could result in exhaust gases leaking into the cabin
heating system. This condition could lead to carbon monoxide in the
cabin and incapacitation of the pilot.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Perform a pressurization  Initially within the  Follow Cirrus
 inspection/check on the       next 25 hours time-   Service Bulletin SB
 exhaust system.               in-service (TIS)      2X-78-07 R1,
                               after July 7, 2008    Revision 1, dated
                               (the effective date   December 18, 2007.
                               of this AD) or
                               within the next 3
                               months after July
                               7, 2008 (the
                               effective date of
                               this AD), whichever
                               occurs first.
                               Repetitively
                               thereafter at
                               intervals not to
                               exceed every 100
                               hours TIS.
(2) If the exhaust system is  Before further        Follow Cirrus
 found defective during any    flight after the      Service Bulletin SB
 inspection/check required     inspection/check in   2X-78-07 R1,
 in paragraph (e)(1) of this   which the exhaust     Revision 1, dated
 AD or an exhaust odor is      system is found       December 18, 2007.
 detected inside the           defective or an
 airplane cabin, replace the   exhaust odor is
 heat exchanger weldment and   detected.
 shroud with new improved
 heat exchanger weldment and
 new shroud.
------------------------------------------------------------------------

    Note: The replacement of the heat exchanger weldment and shroud
may be done instead of the initial inspection but does not eliminate
the 100-hour repetitive inspection.

Alternative Methods of Compliance (AMOCs)

    (f) The Manager, Chicago Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. Send information to
ATTN: Michael Downs, Aerospace Engineer, Chicago ACO, 2300 East
Devon Avenue, Room 107, Des Plaines, Illinois 60018; telephone:
(847) 294-7870; fax:<PHONE_NUMBER>. Before using any approved AMOC
on any airplane to which the AMOC applies, notify your appropriate
principal inspector (PI) in the FAA Flight Standards District Office
(FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (g) You must use Cirrus Service Bulletin SB 2X-78-07 R1,
Revision 1, dated December 18, 2007, to do the actions required by
this AD, unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Cirrus Design Corporation, 4515 Taylor Circle, Duluth, Minnesota
55811, telephone:<PHONE_NUMBER>.
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_
of_federal_regulations/ibr_locations.html.

    Issued in Kansas City, Missouri, on May 22, 2008.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. E8-12047 Filed 5-30-08; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register: August 2, 2006 (Volume 71, Number 148)]
[Notices]
[Page 43740-43742]
[DOCID:fr02au06-67]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2006-0618; FRL-8082-5]

Organophosphate Cumulative Risk Assessment; Notice of
Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces the availability of EPA's cumulative
risk assessment for the organophosphate group of pesticides and opens a
public comment period on this document and other support documents. As
required by the Food Quality Protection Act (FQPA), a cumulative risk
assessment, which evaluates exposures based on a common mechanism of
toxicity, was conducted to evaluate the risk from food, drinking water,
residential, and other non-occupational exposures resulting from
registered uses of organophosphate pesticides. The organophosphate
group includes over 30 pesticides including acephate, azinphos-methyl
(AZM), bensulide, chlorethoxyfos, chlorpyrifos, chlorpyriphos-methyl,
diazinon, dichlorvos (DDVP), dicrotophos, dimethoate, disulfoton,
ethoprop, fenamiphos, fenthion, fosthiazate, malathion, methamidophos,
methidathion, methyl-parathion, mevinphos, naled, omethoate,
oxydemeton-methyl, phorate, phosalone, phosmet, phostebupirim,
pirimiphos-methyl, profenofos, terbufos, tetrachlorvinphos, tribufos,
and trichlorfon. Several organophosphate pesticides, however, were not
incorporated into the cumulative risk assessment because no dietary,
drinking water, or residential human exposure to these pesticides is
anticipated from any of the currently registered uses.

DATES: Comments must be received on or before October 2, 2006.

ADDRESSES:  Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0618, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0618. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information

provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The Federal regulations.gov website is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an e-mail comment directly to EPA without going through
regulations.gov, your e-mail address will be automatically captured and
included as part of the comment that is placed in the docket and made
available on the Internet. If you submit an electronic comment, EPA
recommends that you include your name and other contact information in
the body of your comment and with any disk or CD-ROM you submit. If EPA
cannot read your comment due to technical difficulties and cannot
contact you for clarification, EPA may not be able to consider your
comment. Electronic files should avoid the use of special characters,
any form of encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP

Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays. The Docket telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Kelly Sherman, Special Review and
Reregistration Division (7508P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax
number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>or
Kendra Tyler, Special Review and Reregistration Division (7508P);
telephone number:<PHONE_NUMBER>; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, and agricultural advocates; the chemical industry; pesticide
users; and members of the public interested in the sale, distribution,
or use of pesticides. Since others also may be interested, the Agency
has not attempted to describe all the specific entities that may be
affected by this action.
    If you have any questions regarding the applicability of this
action to a particular entity, consult the person listed under FOR
FURTHER INFORMATION CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date, and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. What Action is the Agency Taking?

    EPA is making available the completed cumulative risk assessment
for the organophosphate pesticides. The Agency developed this risk
assessment as part of its ongoing process for making pesticide
reregistration eligibility and tolerance reassessment decisions.
Through these programs, EPA is ensuring that pesticides meet current
standards under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Federal Food, Drug and Cosmetic Act (FFDCA), as amended
by the FQPA.
    Section 408(b)(2)(D)(v) of the FFDCA directs the Agency to consider
available information on the cumulative risk from substances sharing a
common mechanism of toxicity. The Agency determined in 1999 that the
organophosphate pesticides share a common mechanism of toxicity,
cholinesterase inhibition. The organophosphates have been among EPA's
highest priority pesticides for review under FQPA.
    In developing the organophosphate cumulative risk assessment and
underlying methodologies, EPA consulted with the FIFRA Scientific
Advisory Panel numerous times, seeking expert review, advice, and
recommendations at each major step of the process. The Agency also met
with several of its advisory committees to obtain input from a broad
spectrum of stakeholders representing the pesticide industry,
environmental and public interest groups, growers, academia, and
others, including other federal and state regulatory agencies. EPA
issued the Preliminary Organophosphate Cumulative Risk Assessment for
public comment in December 2001, and presented the cumulative
assessment at a Technical Briefing for the public in January 2002. The
Agency released the Revised Organophosphate Cumulative Risk Assessment
for public comment in June 2002. The Organophosphate Cumulative Risk
Assessment (2006 update) is considered an addendum to the June 2002
assessment, and includes improvements and refinements in assessing the
cumulative risks of the organophosphate pesticides. The previous
versions of the Organophosphate Cumulative Assessment may be accessed
on the EPA website at http://www.epa.gov/pesticides/cumulative.

    EPA has concluded that the cumulative risks associated with the
remaining uses of the organophosphate pesticides are below the Agency's
level of concern. While completing reregistration eligibility and
tolerance reassessment decisions for individual organophosphates, the
Agency also evaluated the cumulative risk posed by this group. Although
individual risk assessments were conducted for each of the
organophosphate pesticides, several were not incorporated into the
cumulative risk assessment because no dietary, drinking water, or
residential human exposure is anticipated from any of the currently
registered uses of these pesticides.
    The Interim Reregistration Eligibility Decisions (IREDs) previously
issued for a number of organophosphate pesticides are now considered
final; the tolerance reassessment and reregistration eligibility
process for these pesticides is complete. EPA has determined that the
remaining/reassessed tolerances for these pesticides meet the FFDCA
safety standard and that no further risk mitigation is necessary as a
result of the organophosphate cumulative risk assessment.
    EPA is providing an opportunity, through this notice, for
interested parties to provide comments and input on the Agency's
completed cumulative risk assessment for the organophosphates. Such
comments and input could address the Agency's risk assessment
methodologies and assumptions as applied to this cumulative assessment.
The Agency will consider all comments received, and make changes, if
appropriate, to the organophosphate cumulative risk assessment.
    EPA seeks to achieve environmental justice, the fair treatment and
meaningful involvement of all people, regardless of race, color,
national origin, or income, in the development, implementation, and
enforcement of environmental laws, regulations, and

policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical, unusually high exposure to organophosphate
pesticides, compared to the general population.
    EPA is applying the principles of public participation to all
pesticides undergoing reregistration and tolerance reassessment. The
Agency's Pesticide Tolerance Reassessment and Reregistration; Public
Participation Process, published in the Federal Register on May 14,
2004, (69 FR 26819) (FRL-7357-9) explains that in conducting these
programs, EPA is tailoring its public participation process to be
commensurate with the level of risk, extent of use, complexity of
issues, and degree of public concern associated with each pesticide.
The organophosphate pesticides have had extensive opportunities for
public comment as part of their reregistration and tolerance
reassessment process.
    Comments should be limited to issues raised within the
organophosphate cumulative risk assessment and associated documents.
Failure to comment on any such issues as part of this opportunity will
not limit a commenter's opportunity to participate in any later notice
and comment processes on this matter. All comments should be submitted
using the methods in ADDRESSES, and must be received by EPA on or
before the closing date. Comments will become part of the Agency Docket
for the organophosphate cumulative risk assessment. Comments received
after the close of the comment period will be marked ``late.'' EPA is
not required to consider these late comments.

B. What is the Agency's Authority for Taking this Action?

    Section 4(g)(2)(A) of FIFRA, as amended, requires the Administrator
to make ``a determination as to the eligibility for reregistration (i)
for all active ingredients subject to reregistration under this section
for which tolerances or exemptions from tolerances are required under
the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), not
later than the last date for tolerance reassessment established under
section 408(q)(1)(C) of that Act (21 U.S.C. 346a((q)(1)(C))...''
    Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to
review tolerances and exemptions for pesticide residues in effect as of
August 2, 1996, to determine whether the tolerance or exemption meets
the requirements of section 408(b)(2) of (c)(2) of FFDCA. This review
is to be completed by August 3, 2006. A tolerance or exemption meets
the requirements of section 408(b)(2) or (c)(2), respectively, if ``the
Administrator determines the pesticide chemical residue is safe,''
i.e., ``that there is a reasonable certainty that no harm will result
from aggregate exposure to the pesticide chemical residue, including
all anticipated dietary exposures and all other exposures for which
there is reliable information.'' 21 U.S.C. 346a(b)(2)(A), and
(c)(2)(A). In making this safety finding, FFDCA requires the
Administrator to consider, among other factors, ``available information
concerning the cumulative effects of such residues and other substances
that have a common mechanism of toxicity...'' 21 U.S.C.
346a(b)(2)(D)(v), and (c)(2)(B).

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: July 20, 2006.
 Debra Edwards,
Director, Special Review and Reregistration Division, Office of
Pesticide Programs.
[FR Doc. E6-12343 Filed 8-1-06; 8:45 am]

BILLING CODE 6560-50-S