Federal Register / Vol. 76, No. 11 / Tuesday, January 18, 2011 / Rules and Regulations 2801 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

In a final rule published in the 

Federal Register July 8, 2010 (75 FR 

39148) Airspace Docket No. 09–ANM– 

25, the airspace description for the 

Lucin VORTAC, Lucin, UT, incorrectly 

referenced the existing Class E en route 

domestic airspace exclusion above 8,500 

feet MSL. As written, the wording may 

cause confusion as to the exclusion of 

the existing controlled airspace at 8,500 

feet MSL. It should read 8,500 feet and 

above MSL. 

The FAA’s Aeronautical Products 

office correctly charted the airspace and 

requested the correction be made. 

Accordingly, since this is an 

administrative change, and does not 

involve a change in the dimensions, 

altitudes, or operating requirements of 

that airspace, notice and public 

procedures under 5 U.S.C. 553(b) are 

unnecessary. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Technical Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 6006 En Route Domestic 

Airspace Areas. 

* * * * * 

ANM UT E6 Lucin, UT [Amended] 

Lucin VORTAC 

(Lat. 41°21′47′′ N., long. 113°50′26′′ W.) 

That airspace extending upward from 

1,200 feet above the surface bounded on the 

west by V–269; on the east by V–484; and on 

the south by V–32; excluding existing 

controlled airspace 8,500 feet MSL and 

above; excluding that airspace designated for 

Federal airways; excluding the portions 

within Restricted Area R–6404 and Lucin 

MOA during their published hours of 

designation. 

Issued in Seattle, Washington on January 5, 

2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–593 Filed 1–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1191; Airspace 

Docket No. 10–AAL–22] 

Revocation and Establishment of 

Compulsory Reporting Points; Alaska 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action removes and 

establishes high altitude Alaskan 

compulsory reporting points in the 

vicinity of the United States (U.S.) and 

Canadian border. Specifically, the FAA 

is removing BORAN and establishing 

the TOVAD reporting point. 

DATES: Effective date 0901 UTC, May 5, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace Regulation and ATC 

Procedures Group, Office of Mission 

Support Services, Federal Aviation 

Administration, 800 Independence 

Avenue, SW., Washington, DC 20591; 

telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

History 

The FAA was notified November 30, 

2010, that Canadian Authorities had 

removed the BORAN intersection and 

established the TOVAD intersection as a 

compulsory reporting point on the U.S./ 

Canada border effective November 18, 

2010. This action is in response to those 

changes. Accordingly, since this is an 

administrative change and does not 

affect the boundaries, altitudes, or 

operating requirements of the airspace, 

notice and public procedures under 

Title 5 U.S.C. 553(b) are unnecessary. 

The Rule 

The FAA amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

removing the BORAN reporting point 

and establishing the TOVAD 

Compulsory Reporting Point on the 

U.S./Canadian border. 

Alaskan High Altitude Reporting 

Points are listed in paragraph 7005 of 

FAA Order 7400.9U dated August 18, 

2010, and effective September 15, 2010, 

which is incorporated by reference in 14 

CFR 71.1. The Reporting Points listed in 

this document will be revised 

subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

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. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of the airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends High Altitude Compulsory 

Reporting Points in Alaska. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311a, 

FAA Order 1050.1E, ‘‘Environmental 

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

Impacts: Policies and Procedures.’’ This 

airspace action is not expected to cause 

any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9U, 

Airspace Designations and Reporting 

Points, signed August 18, 2010, and 

effective September 15, 2010, is 

amended as follows: 

Paragraph 7005 Alaskan High Altitude 

Reporting Points. 

* * * * * 

BORAN, AK [Removed] 

* * * * * 

TOVAD, AK [New] 

Issued in Washington, DC on January 7, 

2011. 

Edith V. Parish, 

Manager, Airspace Regulation and ATC 

Procedures Group. 

[FR Doc. 2011–827 Filed 1–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 77 

[Docket No. FAA–2006–25002; Amendment 

No. 77–13–A] 

RIN 2120–AH31 

Safe, Efficient Use and Preservation of 

the Navigable Airspace; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting the 

regulation addressing the effective date 

of FAA determinations issued under 14 

CFR part 77. The FAA amended this 

regulation by final rule published on 

July 21, 2010. The purpose of the final 

rule was to update the regulations 

governing objects that may affect the 

navigable airspace, to incorporate case 

law and legislative action, and to 

simplify the rule language. In one 

section of the regulations, we 

inadvertently state that the effective 

date of all determinations is 40 days 

from the date of issuance. However, 

only FAA determinations subject to the 

discretionary review process are 

effective 40 days from the date of 

issuance. All other FAA determinations 

are effective upon issuance. This 

document corrects that error. 

DATES: Effective January 18, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Ellen Crum, Air Traffic Organization, 

Airspace, Regulations and ATC 

Procedures Group, 800 Independence 

Ave., SW., Washington, DC 20591. (202) 

267–8783; e-mail: ellen.crum@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 21, 2010 (75 FR 42296), we 

published a final rule that updated the 

FAA’s notice and obstruction standards 

requirements in Title 14 of the Code of 

Federal Regulations (14 CFR) part 77. 

These regulations had not been updated 

in many years, and we found it 

necessary to update them to incorporate 

case law and legislative action, and to 

simplify the rule language. 

In the preamble discussion for the 

Notice of Proposed Rulemaking, the 

FAA proposed and subsequently 

adopted in the final rule that a 

Determination of Hazard or a 

Determination of No Hazard will 

become effective 40 days from the date 

of issuance, unless a petition for 

discretionary review is filed and 

received by the FAA within 30 days 

from the date of issuance. (See 71 FR 

34028, 34037 and 75 FR 42296, 

respectively, published on June 13, 2006 

and July 21, 2010.) Consequently, 

§ 77.33(a), as adopted in the final rule, 

states ‘‘A determination issued under 

this subpart is effective 40 days after the 

date of issuance, unless a petition for 

discretionary review is received by the 

FAA * * *’’ 

As written, this requirement 

incorrectly applies to all FAA 

determinations. The FAA’s intent was to 

prevent a determination from becoming 

effective in the event that a petition for 

discretionary review was filed for a 

particular aeronautical study. Section 

77.33(a) should have provided two 

effective dates. For determinations that 

are not subject to discretionary review, 

the effective date continues to be the 

date of issuance, which is consistent 

with the current rule. For 

determinations that are subject to the 

discretionary review process, these 

determinations will become effective 40 

days from the date of issuance, unless 

a petition for discretionary review has 

been filed. Therefore, we find that 

paragraph (a) of this section must be 

corrected to provide the above two 

effective dates. 

Accordingly, in the final rule, FR Doc. 

2010–17767, published on July 21, 2010 

(75 FR 42296), make the following 

corrections: 

§ 77.33 [Corrected] 

■ 1. On page 42307, in the second 

column, in § 77.33, the text of paragraph 

(a) is corrected to read as follows: 

§ 77.33 Effective period of determinations. 

(a) The effective date of a determination 

not subject to discretionary review under 

77.37(b) is the date of issuance. The effective 

date of all other determinations for a 

proposed or existing structure is 40 days 

from the date of issuance, provided a valid 

petition for review has not been received by 

the FAA. If a valid petition for review is 

filed, the determination will not become 

final, pending disposition of the petition. 

* * * * * 

Issued in Washington, DC on January 12, 

2011. 

Pamela Hamilton-Powell, 

Director, Office of Rulemaking. 

[FR Doc. 2011–863 Filed 1–14–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 101129595–0635–01] 

RIN 0694–AF07 

Additions and Revisions to the List of 

Validated End-Users in the People’s 

Republic of China: CSMC 

Technologies Corporation and 

Advanced Micro Devices China, Inc. 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) to add one end-user, CSMC 

Technologies Corporation (CSMC), to 

WReier-Aviles on DSKDVH8Z91PROD with RULES