### 69608 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations

agency parties and, accordingly, is not a ‘‘rule’’ as that term is used by the Congressional Review Act (Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA)). Therefore, the reporting requirement of 5 U.S.C. 801 does not apply. Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35)

This final regulatory action will not impose any additional reporting or recordkeeping requirements under the Paperwork Reduction Act. List of Subjects in 5 CFR Part 731

Administrative practices and procedures, Government employees. U.S. Office of Personnel Management. John Berry,
Director.

Accordingly, OPM amends part 731, title 5, Code of Federal Regulations, as follows:

**PART 731—SUITABILITY**

■ 1. The authority citation for part 731 is revised to read as follows:

Authority: 5 U.S.C. 1302, 3301, 7301; E.O. 10577, 3 CFR, 1954–1958 Comp., p. 218, as amended; E.O. 13467, 3 CFR, 2009 Comp., p. 198; E.O. 13488, 3 CFR, 2010 Comp., p. 189; 5 CFR, parts 1, 2 and 5.

**Subpart A—Scope**

■ 2. In § 731.104, remove ‘‘or’’ at the end of paragraph (a)(3), replace the period at the end of paragraph (a)(4) with ‘‘; or’’, and add a new paragraph (a)(5) to read as follows:

**§ 731.104 Appointments subject to investigation.** 

(a) * * * (5) Appointment to a covered position where there has been a break in service of less than 24 months, and the service immediately preceding the break was in a covered position, an excepted service position, or a contract employee position described in paragraphs (a)(1) to (a)(4) of this section.
* * * * *

■ 3. In § 731.106, revise paragraphs (d), (e), and (f) to read as follows:

**§ 731.106 Designation of public trust positions and investigative requirements.** 
* * * * *

(d) Reinvestigation requirements. (1) Agencies must ensure that reinvestigations are conducted and a determination made regarding continued employment of persons occupying public trust positions at least once every 5 years. The nature of these reinvestigations and any additional requirements and parameters will be established in supplemental guidance issued by OPM.

(2) If, prior to the next required reinvestigation, a separate investigation is conducted to determine a person’s eligibility (or continued eligibility) for access to classified information or to hold a sensitive position, or as a result of a change in risk level as provided in paragraph (e) of this section, and that investigation meets or exceeds the requirements for a public trust reinvestigation, a new public trust reinvestigation is not required. Such a completed investigation restarts the cycle for a public trust reinvestigation for that person.

(3) Agencies must notify all employees covered by this section of the reinvestigation requirements under this paragraph.

(e) Risk level changes. If an employee or appointee experiences a change to a higher position risk level due to promotion, demotion, or reassignment, or the risk level of the employee’s or appointee’s position is changed to a higher level, the employee or appointee may remain in or encumber the position. Any upgrade in the investigation required for the new risk level should be initiated within 14 calendar days after the promotion, demotion, reassignment or new designation of risk level is final.

(f) Completed investigations. Any suitability investigation (or reinvestigation) completed by an agency under paragraphs (d) and (e) of this section must result in a determination by the employing agency of whether the findings of the investigation would justify an action under this part or under another applicable authority, such as part 315, 359, or 752 of this chapter. Section 731.103 addresses whether an agency may take an action under this part, and whether the matter must be referred to OPM for debarment consideration.

**Subpart B—Suitability Determinations and Actions** 

■ 4. Revise § 731.206 to read as follows:

**§ 731.206 Reporting requirements.**

Agencies must report to OPM the level or nature, result, and completion date of each background investigation or reinvestigation, each agency decision based on such investigation or reinvestigation, and any personnel action taken based on such investigation or reinvestigation, as required in OPM issuances.

[FR Doc. 2011–29057 Filed 11–8–11; 8:45 am]

**BILLING CODE 6325–39–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**Docket No. FAA–2011–0585; Airspace Docket No. 11–AWP–9** 
**Modification of Class E Airspace; Blythe, CA** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule.

**SUMMARY :**  This action modifies Class E airspace at Blythe, CA, to accommodate aircraft using Area Navigation (RNAV) Global Positioning System (GPS) standard instrument approach procedures at Blythe Airport. This action also corrects geographic coordinates in the regulatory text. This improves the safety and management of Instrument Flight Rules (IFR) operations at the airport.

**DATES :**  Effective date, 0901 UTC, December 15, 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 :**  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

On August 2, 2011, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify controlled airspace at Blythe, CA (76 FR 46212). Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received. Subsequent to publication, the FAA found that the boundaries for the controlled airspace needed to be adjusted; this action makes that adjustment.

Class E airspace designations are published in paragraph 6005, of FAA Order 7400.9V dated August 9, 2011, and effective September 15, 2011, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations


### 69609 Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations

listed in this document will be published subsequently in that Order.

The Rule

This action amends Title 14 Code of Federal Regulations (14 CFR) Part 71 by modifying Class E airspace extending upward from 700 feet above the surface to accommodate IFR aircraft executing RNAV (GPS) standard instrument approach procedures at Blythe Airport. Also, the boundary coordinates in the regulatory text for the Class E 1,200-foot airspace area is adjusted to be in concert with the FAA’s aeronautical database. This action is necessary for the safety and management of IFR operations. With the exception of editorial changes and the changes noted above, this rule is the same as that proposed in the NPRM.

The FAA has determined 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 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 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 U.S. Code. Subtitle 1, section 106 discusses 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 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 creates additional controlled airspace at Blythe Airport, Blythe, CA. 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 14 CFR 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 the Federal Aviation Administration Order 7400.9V, Airspace Designations and Reporting Points, dated August 9, 2011, and effective September 15, 2011 is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700 feet or more above the surface of the earth.
* * * * *
AWP CA E5 Blythe, CA [Modified] Blythe Airport, CA

(Lat. 33 ° 37 ′09 ′′ N., long. 114 ° 43 ′01 ′′ W.) That airspace extending upward from 700 feet above the surface within a 6.7-mile radius of the Blythe Airport, and within 4 miles south and 1.2 miles north of the 264 ° bearing from the airport extending from the 6.7-mile radius to 10 miles west of the airport. That airspace extending upward from 1,200 feet above the surface within an area bounded by lat. 33 ° 50 ′00 ′′ N., long.

114 ° 21 ′00 ′′ W.; to lat. 33 ° 42 ′00 ′′ N., long.

114 ° 17 ′00 ′′ W.; to lat. 33 ° 41 ′ 30 ′′ N., long.

114 ° 07 ′ 30 ′′ W.; to lat. 33 ° 27 ′00 ′′ N., long.

114 ° 09 ′00 ′′ W.; to lat. 33 ° 28 ′00 ′′ N., long.

114 ° 13 ′00 ′′ W.; to lat. 33 ° 28 ′ 28 ′′ N., long.

114 ° 27 ′ 12 ′′ W., thence clockwise along the 15.8-mile radius of Blythe Airport to lat.

33 ° 26 ′ 30 ′′ N., long. 114 ° 57 ′00 ′′ W., to lat.

33 ° 26 ′00 ′′ N., long. 115 ° 04 ′00 ′′ W.; to lat.

33 ° 53 ′00 ′′ N., long. 115 ° 07 ′00 ′′ W.; to lat.

34 ° 15 ′00 ′′ N., long. 114 ° 50 ′00 ′′ W.; to lat.

34 ° 15 ′00 ′′ N., long. 114 ° 28 ′00 ′′ W.; to lat.

33 ° 52 ′00 ′′ N., long. 114 ° 29 ′00 ′′ W., thence to the point of beginning.

Issued in Seattle, Washington, on October 3, 2011. John Warner, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2011–28931 Filed 11–8–11; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE** 

**Bureau of Industry and Security**

**15 CFR Part 748**

**[Docket No. 110804481–1527–01]**

**RIN 0694–AF32**
**Amendment to Existing Validated End User Authorizations in the People’s**  **Republic of China: National Semiconductor Corporation and**  **Semiconductor Manufacturing International Corporation** 

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

**ACTION :**  Final rule.

**SUMMARY :**  In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to remove National Semiconductor Corporation (National Semiconductor) from the list of ‘‘Validated End-Users’’ and ‘‘Eligible Destinations’’ in the People’s Republic of China (PRC). BIS also removes one facility from the list of ‘‘Eligible Destinations’’ for Semiconductor Manufacturing International Corporation (SMIC) in the PRC, the Semiconductor Manufacturing International (Chengdu) Corporation, Assembly and Testing (AT2) Facility (SMIC AT2 facility). These amendments are due to material changes in the ownership and control of National Semiconductor and the SMIC AT2 facility. These amendments are not the result of activities of concern by National Semiconductor or SMIC and do not establish any new license requirements or licensing policies forexports, reexports, or transfers (incountry) of items to National Semiconductor, SMIC, or their facilities.

**DATES :**  This rule is effective November 9, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Karen Nies-Vogel, Chair, End-User Review Committee, Bureau of Industry and Security, U.S. Department of Commerce, 14th Street & Pennsylvania Avenue NW., Washington, DC 20230; by telephone: (202) 482–5991, by fax: (202) 482–3991, or email: ERC@bis.doc.gov.

**SUPPLEMENTARY INFORMATION :**  Background

Authorization Validated End-User (VEU)

BIS amended the EAR in a final rule on June 19, 2007 (72 FR 33646), creatinga new authorization for ‘‘validated endusers’’ (VEUs) located in eligible destinations to which eligible items may