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 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Rules and Regulations 69609 

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 EndUser 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 for 

exports, 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), creating 

a new authorization for ‘‘validated endusers’’ (VEUs) located in eligible 

destinations to which eligible items may 


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