2802 Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations

Impacts: Policies and Procedures.’’ This SUMMARY: The FAA is correcting the 77.33(a) should have provided two airspace action is not expected to cause regulation addressing the effective date effective dates. For determinations that any potentially significant of FAA determinations issued under 14 are not subject to discretionary review, environmental impacts, and no CFR part 77. The FAA amended this the effective date continues to be the extraordinary circumstances exist that regulation by final rule published on date of issuance, which is consistent warrant preparation of an July 21, 2010. The purpose of the final with the current rule. For environmental assessment. rule was to update the regulations determinations that are subject to the governing objects that may affect the discretionary review process, these List of Subjects in 14 CFR Part 71 navigable airspace, to incorporate case determinations will become effective 40 Airspace, Incorporation by reference, law and legislative action, and to days from the date of issuance, unless Navigation (air). simplify the rule language. In one a petition for discretionary review has Adoption of the Amendment section of the regulations, we been filed. Therefore, we find that inadvertently state that the effective paragraph (a) of this section must be In consideration of the foregoing, the date of all determinations is 40 days corrected to provide the above two Federal Aviation Administration from the date of issuance. However, effective dates. amends 14 CFR part 71 as follows: only FAA determinations subject to the Accordingly, in the final rule, FR Doc. discretionary review process are 2010–17767, published on July 21, 2010 PART 71—DESIGNATION OF CLASS A, effective 40 days from the date of (75 FR 42296), make the following B, C, D, AND E AIRSPACE AREAS; AIR issuance. All other FAA determinations corrections: TRAFFIC SERVICE ROUTES; AND are effective upon issuance. This REPORTING POINTS document corrects that error. § 77.33 [Corrected] DATES: Effective January 18, 2011. ■ 1. On page 42307, in the second ■ 1. The authority citation for part 71 FOR FURTHER INFORMATION CONTACT: column, in § 77.33, the text of paragraph continues to read as follows: Ellen Crum, Air Traffic Organization, (a) is corrected to read as follows: Authority: 49 U.S.C. 106(g), 40103, 40113, Airspace, Regulations and ATC § 77.33 Effective period of determinations. 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Procedures Group, 800 Independence 1963 Comp., p. 389. (a) The effective date of a determination Ave., SW., Washington, DC 20591. (202) not subject to discretionary review under § 71.1 [Amended] 267–8783; e-mail: [email protected]. 77.37(b) is the date of issuance. The effective SUPPLEMENTARY INFORMATION: ■ 2. The incorporation by reference in date of all other determinations for a proposed or existing structure is 40 days 14 CFR 71.1 of FAA Order 7400.9U, Background from the date of issuance, provided a valid Airspace Designations and Reporting On July 21, 2010 (75 FR 42296), we petition for review has not been received by Points, signed August 18, 2010, and published a final rule that updated the the FAA. If a valid petition for review is effective September 15, 2010, is FAA’s notice and obstruction standards filed, the determination will not become amended as follows: requirements in Title 14 of the Code of final, pending disposition of the petition. Paragraph 7005 Alaskan High Altitude Federal Regulations (14 CFR) part 77. * * * * * Reporting Points. These regulations had not been updated Issued in Washington, DC on January 12, * * * * * in many years, and we found it 2011. necessary to update them to incorporate BORAN, AK [Removed] Pamela Hamilton-Powell, case law and legislative action, and to Director, Office of Rulemaking. * * * * * simplify the rule language. [FR Doc. 2011–863 Filed 1–14–11; 8:45 am] In the preamble discussion for the TOVAD, AK [New] BILLING CODE 4910–13–P Notice of Proposed Rulemaking, the Issued in Washington, DC on January 7, FAA proposed and subsequently 2011. adopted in the final rule that a Edith V. Parish, Determination of Hazard or a DEPARTMENT OF COMMERCE Manager, Airspace Regulation and ATC Determination of No Hazard will Bureau of Industry and Security Procedures Group. become effective 40 days from the date [FR Doc. 2011–827 Filed 1–14–11; 8:45 am] of issuance, unless a petition for 15 CFR Part 748 BILLING CODE 4910–13–P discretionary review is filed and received by the FAA within 30 days [Docket No. 101129595–0635–01] from the date of issuance. (See 71 FR DEPARTMENT OF TRANSPORTATION 34028, 34037 and 75 FR 42296, RIN 0694–AF07 respectively, published on June 13, 2006 Federal Aviation Administration Additions and Revisions to the List of and July 21, 2010.) Consequently, Validated End-Users in the People’s § 77.33(a), as adopted in the final rule, 14 CFR Part 77 Republic of China: CSMC states ‘‘A determination issued under Technologies Corporation and [Docket No. FAA–2006–25002; Amendment this subpart is effective 40 days after the Advanced Micro Devices China, Inc. No. 77–13–A] date of issuance, unless a petition for discretionary review is received by the AGENCY: Bureau of Industry and RIN 2120–AH31 FAA * * *’’ Security, Commerce. As written, this requirement ACTION: Final rule. Safe, Efficient Use and Preservation of incorrectly applies to all FAA the Navigable Airspace; Correction determinations. The FAA’s intent was to SUMMARY: In this final rule, the Bureau AGENCY: Federal Aviation prevent a determination from becoming of Industry and Security (BIS) amends Administration (FAA), DOT. effective in the event that a petition for the Export Administration Regulations discretionary review was filed for a (EAR) to add one end-user, CSMC ACTION: Final rule; correction. particular aeronautical study. Section Technologies Corporation (CSMC), to

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the list of validated end-users in the Background Eligible Destinations for CSMC Technologies Corporation People’s Republic of China (PRC). With Authorization Validated End-User this rule, exports, reexports, and (VEU): The List of Approved End-Users, CSMC Technologies Fab 1 Co., Ltd., 14 transfers (in-country) of certain items to Eligible Items and Destinations in the Liangxi Road, Wuxi, Jiangsu 214061, three CSMC facilities in the PRC are PRC China. now authorized under Authorization Consistent with U.S. Government CSMC Technologies Fab 2 Co., Ltd., Validated End-User. In this rule, BIS policy to facilitate trade for civilian end- Block 86, 87, Wuxi National Hi-New also amends the EAR to revise the users in the PRC, BIS amended the EAR Tech Industrial Development Zone, validated end-user authorization for in a final rule on June 19, 2007 (72 FR Wuxi, Jiangsu 214061, China. Advanced Micro Devices China, Inc. 33646) by creating a new authorization Wuxi CR Semiconductor Wafers and (AMD) in the PRC by amending the list for ‘‘validated end-users’’ (VEUs) located Chips Co., Ltd., 14 Liangxi Road, of buildings associated with one of the in eligible destinations to which eligible Wuxi, Jiangsu 214061, China. company’s approved facilities and by items may be exported, reexported, or updating the description of items transferred under a general Eligible Items That May Be Exported, eligible for export, reexport, or transfer authorization instead of a license, in Reexported, or Transferred (In-Country) (in-country) to AMD’s approved conformance with section 748.15 of the to the Three ‘‘Eligible Destinations’’ facilities. EAR. VEUs may obtain eligible items Under CSMC Technologies that are on the Commerce Control List, Corporation’s Validated End-User DATES: This rule is effective January 18, set forth in Supplement No. 1 to Part Authorization 2011. Although there is no formal 774 of the EAR, without having to wait Items classified under Export Control comment period, public comments on for their suppliers to obtain export Classification Numbers 1C350.c.3, this regulation are welcome on a licenses from BIS. Eligible items may 1C350.c.11, 2B230.a, 2B230.b, 2B350.f, continuing basis. include commodities, software, and 2B350.g, 2B350.h, 3B001.c.1.a, ADDRESSES: You may submit comments, technology, except those controlled for 3B001.c.2.a, 3B001.e, 3C002.a, 3C004. missile technology or crime control identified by RIN 0694–AF07, by any of Revisions to the Authorization for the following methods: reasons. Authorization VEU is a mechanism to Validated End-User Advanced Micro E-mail: [email protected]. facilitate increased high-technology Devices China, Inc. Include ‘‘RIN 0694–AF07’’ in the subject exports to companies in eligible This final rule also amends line of the message. destinations that have a verifiable Supplement No. 7 to Part 748 of the record of civilian end-uses for such Fax: (202) 482–3355. Please alert the EAR by revising the list of Advanced items. The VEUs listed in Supplement Regulatory Policy Division, by calling Micro Devices China, Inc.’s (AMD) No. 7 to Part 748 of the EAR were (202) 482–2440, if you are faxing eligible facilities. Specifically, this rule reviewed and approved by the U.S. comments. adds three new buildings to the facility Government in accordance with the authorization for Advanced Micro Mail or Hand Delivery/Courier: Sheila provisions of section 748.15 and Devices (Shanghai) Co., Ltd. (AMD Quarterman, U.S. Department of Supplement Nos. 8 and 9 to Part 748 of Shanghai), which is one of AMD’s three Commerce, Bureau of Industry and the EAR. In addition to U.S. exporters, approved facilities. Accordingly, the Security, Regulatory Policy Division, Authorization VEU may be used by address for AMD Shanghai has been 14th Street & Pennsylvania Avenue, foreign reexporters and by persons amended by adding three new building NW., Room 2705, Washington, DC transferring in-country, and it does not numbers and the revised address will 20230, Attn: RIN 0694–AF07. have an expiration date. As of the date appear in Supplement No. 7 to Part 748 of this rule, pursuant to section Send comments regarding the collection of the EAR. In addition, BIS is updating 748.15(b) of the EAR, VEUs are only of information associated with this rule, the description of items eligible for located in the PRC and India. including suggestions for reducing the export, reexport, or transfer (in-country) burden, to Jasmeet Seehra, Office of Addition of CSMC Technologies to AMD’s approved facilities in order to Management and Budget (OMB), by Corporation to the List of Validated provide clarification to persons e-mail to End-Users in the PRC and CSMC shipping under Authorization VEU. [email protected] or by Technologies Corporation’s ‘‘Eligible This update makes AMD’s VEU listing fax to (202) 395–7285. Comments on Items (by ECCN)’’ and ‘‘Eligible in the Code of Federal Regulations as this collection of information should be Destinations’’ specific as possible. The revisions to the submitted separately from comments on This final rule amends Supplement authorization for validated end-user the final rule (i.e., RIN 0694–AF07). All No. 7 to Part 748 of the EAR to designate AMD are as follows: comments on the latter should be CSMC Technologies Corporation Name and Former Address of Facility submitted by one of the three methods (CSMC) as a validated end-user, to outlined above. identify the eligible destinations of Advanced Micro Devices (Shanghai) CSMC (referred to as ‘‘Facilities’’), and to Co., Ltd., Riverfront Harbor, Building FOR FURTHER INFORMATION CONTACT: identify the items that may be exported, 48, Zhangjiang Hi-Tech Park, 1387 Karen Nies-Vogel, Chair, End-User reexported, or transferred (in-country) to Zhangdong Rd., Pudong, Shanghai, Review Committee, Office of the CSMC’s specified eligible facilities 201203. Assistant Secretary, Export under Authorization VEU. The name Name and Current Address of Facility Administration, Bureau of Industry and and address of this newly approved Security, U.S. Department of Commerce, VEU and the names and addresses of its Advanced Micro Devices (Shanghai) Phone: (202) 482–5991, Fax: (202) 482– eligible facilities are as follows: Co., Ltd., Buildings 46, 47, 48 & 49, 3911, E-mail: [email protected]. Riverfront Harbor, Zhangjiang Hi- Validated End-User Tech Park, 1387 Zhangdong Rd., SUPPLEMENTARY INFORMATION: CSMC Technologies Corporation Pudong, Shanghai, 201203.

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Eligible Items That May Be Exported, Rulemaking Requirements this rule does not abridge the rights of Reexported, or Transferred (In-Country) 1. This final rule has been determined the public or eliminate the public’s to the Three ‘‘Eligible Destinations’’ to be not significant for the purposes of option to export under any of the forms Under Advanced Micro Devices China, Executive Order 12866. of authorization set forth in the EAR. Inc., Validated End-User Authorization 2. This rule involves collections Publication of this rule in other than previously approved by the Office of final form is unnecessary because the Items classified under Export Control Management and Budget (OMB) under authorization granted in the rule is Classification Numbers (ECCNs) 3D002, Control Number 0694–0088, ‘‘Multi- similar to that granted to exporters for 3D003, 3E001 (limited to ‘‘technology’’ Purpose Application,’’ which carries a individual licenses, which do not for items classified under 3C002 and burden hour estimate of 58 minutes to undergo public review. Individual 3C004 and ‘‘technology’’ for use during prepare and submit form BIS–748; and license application applicants and VEU the International Technology Roadmap for recordkeeping, reporting and review authorization applicants both provide for Semiconductors (ITRS) process for requirements in connection with the U.S. Government with confidential items classified under ECCNs 3B001 Authorization VEU, which carries an business information. This information and 3B002), 3E002 (limited to estimated burden of 30 minutes per is extensively reviewed according to the ‘‘technology’’ for use during the ITRS submission. This rule is expected to criteria for VEU authorizations, as set process for items classified under result in a decrease in license out in 15 CFR section 748.15(a)(2). As ECCNs 3B001 and 3B002), 3E003.e applications submitted to BIS. Total with individual export licenses, an (limited to the ‘‘development’’ and burden hours associated with the interagency committee, drawing on ‘‘production’’ of integrated circuits for Paperwork Reduction Act of 1995 (44 public and non-public sources, commercial applications), 4D001, U.S.C. 3501 et seq.) (PRA) and OMB including licensing data, and measured 4D002, 4D003 and 4E001 (limited to the Control Number 0694–0088 are not against the VEU authorization criteria, ‘‘development’’ of products under ECCN expected to increase significantly as a vets VEU applications. The 4A003). result of this rule. authorizations granted under the VEU Notwithstanding any other provisions program, and through individual export The approval of CSMC as a validated licenses, involve interagency end-user and revision of AMD’s VEU of law, no person is required to respond nor be subject to a penalty for failure to deliberation according to set criteria. Authorization are expected to further comply with a collection of information, Given the thorough nature of the review, facilitate exports to civilian end-users in subject to the requirements of the PRA, and in light of the parallels between this the PRC, and to result in significant unless that collection of information process and the non-public review of savings of time and resources for displays a currently valid OMB Control license applications, public comment on suppliers and the eligible facilities. Number. this authorization prior to publication is Authorization VEU eliminates the 3. This rule does not contain policies unnecessary. Moreover, as noted above, burden on exporters and reexporters of with Federalism implications as that the criteria and process for authorizing preparing individual license term is defined under Executive Order VEUs were developed with public applications, as exports, reexports, and 13132. comments; allowing additional public transfers (in-country) of eligible items to 4. Pursuant to the Administrative comment on this individual VEU these facilities may now be made under Procedure Act (APA), 5 U.S.C. authorization, which was determined general authorization instead of under 553(b)(B), BIS finds good cause to waive according to those criteria, is therefore individual licenses. Under the VEU requirements that the rule be subject to unnecessary. program, exporters and reexporters can notice and the opportunity for public Section 553(d) of the APA generally supply VEUs in the PRC on a more comment because such notice and provides that rules may not take effect timely basis, thereby enhancing the comment here are unnecessary. In earlier than 30 days after they are competitiveness of exporters, determining whether to grant VEU published in the Federal Register. reexporters, and end-users in the PRC. designations, a committee of U.S. However, section 553(d)(1) of the APA To ensure appropriate facilitation of Government agencies evaluates provides that a substantive rule which exports and reexports, on-site reviews of information about candidate companies grants or recognizes an exemption or validated end-users may be warranted and commitments made by candidate relieves a restriction, may take effect pursuant to paragraph 748.15(f)(2) and companies, the nature and terms of earlier. Today’s final rule grants an section 7(iv) of Supplement No. 8 to which are set forth in 15 CFR Part 748, exemption from licensing procedures Part 748 of the EAR. If such reviews are Supplement No. 8. The criteria for and thus is effective immediately. warranted, BIS will inform the PRC evaluation by the committee are set No other law requires that a notice of Ministry of Commerce. forth in 15 CFR section 748.15(a)(2). proposed rulemaking and an The information, commitments, and opportunity for public comment be Since August 21, 2001, the Export criteria for this extensive review were given for this final rule. Because a Administration Act (the Act) has been all established through the notice of notice of proposed rulemaking and an in lapse and the President, through proposed rulemaking and public opportunity for public comment are not Executive Order 13222 of August 17, comment process (71 FR 38313, July 2, required under the APA or by any other 2001 (3 CFR, 2001 Comp., p. 783 2006, and 72 FR 33646, June 19, 2007). law, the analytical requirements of the (2002)), as extended most recently by Given the similarities between the Regulatory Flexibility Act (5 U.S.C. 601 the Notice of August 12, 2010 (75 FR authorizations provided under the VEU et seq.) are not applicable and no 50681 (August 16, 2010)), has continued program and export licenses (as regulatory flexibility analysis has been the EAR in effect under the discussed further below), the prepared. International Emergency Economic publication of this information does not List of Subjects in 15 CFR Part 748 Powers Act. BIS continues to carry out establish new policy; in publishing this the provisions of the Act, as appropriate final rule, BIS is simply adding a VEU Administrative practice and and to the extent permitted by law, within the established regulatory procedure, Exports, Reporting and pursuant to Executive Order 13222. framework of the VEU program. Further, recordkeeping requirements.

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Accordingly, part 748 of the EAR (15 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice ‘‘China (People’s Republic of)’’ to read as CFR Parts 730–774) is amended as of August 12, 2010, 75 FR 50681 (August 16, follows: follows: 2010). ■ 2. Supplement No. 7 to Part 748 is SUPPLEMENT NO. 7 TO PART 748— PART 748—[AMENDED] amended: AUTHORIZATION VALIDATED END- ■ a. By adding one entry, ‘‘CSMC USER (VEU); LIST OF VALIDATED ■ 1. The authority citation for 15 CFR Technologies Corporation’’, for ‘‘China END-USERS, RESPECTIVE ITEMS Part 748 continues to read as follows: (People’s Republic of)’’ in alphabetical ELIGIBLE FOR EXPORT, REEXPORT Authority: 50 U.S.C. app. 2401 et seq.; 50 order; and AND TRANSFER, AND ELIGIBLE U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, ■ b. By revising the entry for ‘‘Advanced DESTINATIONS 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 Micro Devices (Shanghai) Co., Ltd.’’ for

Country Validated end-user Eligible items (by ECCN) Eligible destination

China (People’s Advanced Micro Devices China, Inc...... 3D002, 3D003, 3E001 (limited to AMD Technologies (China) Co., Republic of). ‘‘technology’’ for items classified Ltd., No. 88, Su Tong Road, under 3C002 and 3C004 and Suzhou, China 215021. ‘‘technology’’ for use during the Advanced Micro Devices (Shang- International Technology Road- hai) Co., Ltd., Buildings 46, 47, map for Semiconductors (ITRS) 48 & 49, River Front Harbor, process for items classified Zhangjiang Hi-Tech Park, 1387 under ECCNs 3B001 and Zhangdong Rd., Pudong, 3B002), 3E002 (limited to Shanghai, 201203. ‘‘technology’’ for use during the AMD Technology Development ITRS process for items classi- (Beijing) Co., Ltd., 18F, North fied under ECCNs 3B001 and Building, Raycom Infotech, Park 3B002), 3E003.e (limited to the Tower C, No. 2 Science Insti- ‘‘development’’ and ‘‘production’’ tute South Rd., Zhong Guan of integrated circuits for com- Cun, Haidian District, Beijing, mercial applications), 4D001, China 100190. 4D002, 4D003 and 4E001 (lim- ited to the ‘‘development’’ of products under ECCN 4A003).

******* CSMC Technologies Corporation ...... 1C350.c.3, 1C350.c.11, 2B230.a, CSMC Technologies Fab 1 Co., 2B230.b, 2B350.f, 2B350.g, Ltd., 14 Liangxi Road, Wuxi, 2B350.h, 3B001.c.1.a, Jiangsu 214061, China. 3B001.c.2.a, 3B001.e, 3C002.a, CSMC, Technologies Fab 2 Co., 3C004. Ltd., Block 86, 87, Wuxi Na- tional Hi-New Tech Industrial Development Zone, Wuxi, Jiangsu 214061, China. Wuxi CR Semiconductor Wafers and Chips Co., Ltd., 14 Liangxi Road, Wuxi, Jiangsu 214061, China.

*******

Dated: January 11, 2011. SUMMARY: The Securities and Exchange such extension and to institute Kevin J. Wolf, Commission is amending its rules to proceedings to determine whether to Assistant Secretary for Export delegate authority to the Chief disapprove a proposal and to provide to Administration. Accountant with respect to proposed the PCAOB notice of the grounds for [FR Doc. 2011–920 Filed 1–14–11; 8:45 am] rule changes of the Public Company disapproval under consideration, and to BILLING CODE 3510–33–P Accounting Oversight Board pursuant to find good cause to approve a proposal Section 107 of the Sarbanes-Oxley Act on an accelerated basis and to publish of 2002 and Section 19(b) of the the reasons for such determination. This SECURITIES AND EXCHANGE Securities Exchange Act of 1934, as delegation is intended to conserve COMMISSION follows: To publish notices of proposed Commission resources and to maintain rule changes filed by the PCAOB; to the effectiveness and efficiency of the 17 CFR Part 200 approve or disapprove a proposed rule Commission’s PCAOB proposed rule change; and to temporarily suspend a filing process. [Release No. 34–63699] proposed rule of the PCAOB. In DATES: Effective Date: January 18, 2011. addition, the Commission is amending Delegation of Authority to the Chief its rules to delegate authority to the FOR FURTHER INFORMATION CONTACT: Accountant Chief Accountant to determine the Jeffrey S. Cohan, Senior Special AGENCY: Securities and Exchange appropriateness of extending the time Counsel, or John F. Offenbacher, Senior Commission. periods specified in Section 19(b) and Associate Chief Accountant, at (202) publish the reasons for such 551–5300, Office of the Chief ACTION: Final rule. determination as well as to effect any Accountant, Securities and Exchange

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