62462 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 

History 

On July 29, 2010, the FAA published 

in the Federal Register a notice of 

proposed rulemaking to remove and 

establish controlled airspace at St. 

George Municipal Airport, St. George, 

UT (75 FR 44727). 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 the controlled airspace area 

extending upward from 700 feet AGL 

was more than was needed for the SIAP, 

and modified portions for the VOR/DME 

SIAP by reducing the amount of 

airspace originally stated, thus better 

serving the aviation needs at the new 

airport. This action will make the 

changes. With the exception of editorial 

changes, and the changes described 

above, this rule is the same as that 

proposed in the NPRM. 

Class E airspace designations are 

published in paragraph 6002 and 6005, 

respectively, 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 Class E airspace designations 

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 

removing Class E surface airspace, and 

Class E airspace extending upward from 

700 feet above the surface, at St. George 

Municipal Airport, St. George, UT, as 

the airport is closing and relocating 

south of the existing airport. This action 

will establish Class E surface airspace 

and Class E airspace extending upward 

from 700 feet above the surface at the 

new St. George Municipal Airport 

location to accommodate IFR aircraft 

executing new RNAV (GPS), VOR/DME 

and LDA/DME SIAPs at the airport. The 

description for the airport’s Class E 

airspace extending upward from 700 

feet above the surface will correctly 

show the airspace needed for the VOR/ 

DME SIAP. This action is necessary for 

the safety and management of IFR 

operations. 

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 amends 

controlled airspace at St. George 

Municipal Airport, St. George, UT. 

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 7400.9U, 

Airspace Designations and Reporting 

Points, dated August 18, 2010, and 

effective September 15, 2010 is 

amended as follows: 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM UT E2 St. George, UT [Removed] 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

ANM UT E5 St. George, UT [Removed] 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

ANM UT E2 St. George, UT [New] 

St. George Municipal Airport, UT 

(Lat. 37°02′11′′ N., long. 113°30′37′′ W.) 

Within a 4.5-mile radius of St. George 

Municipal Airport. This Class E airspace is 

effective during specific dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth 

* * * * * 

ANM UT E5 St. George, UT [New] 

St. George Municipal Airport, UT 

(Lat. 37°02′11′′ N., long. 113°30′37′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 8.1-mile 

radius of the St. George Municipal Airport, 

and within 4 miles each side of the 030° 

bearing of St. George Municipal Airport, 

extending from the 8.1-mile radius to 25.8 

miles northeast of the St. George Municipal 

Airport, and within 4 miles each side of the 

200° bearing of the St. George Municipal 

Airport, extending from the 8.1-mile radius 

to 20 miles southwest of the St. George 

Municipal Airport; and that airspace 

extending upward from 1,200 feet above the 

surface within the 30-mile radius of lat. 

36°48′52′′ N., long. 113°29′24′′ W., extending 

clockwise from the 030° bearing to the 360° 

bearing, thence from the 360° bearing 30-mile 

radius to lat. 37°31′02′′ N., long. 113°21′25′′ 

W., to lat. 37°23′09′′ N., long. 113°04′34′′ W., 

thence to the 030° bearing 30-mile radius. 

Issued in Seattle, Washington, on October 

1, 2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–25482 Filed 10–8–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 100727314–0350–01] 

RIN 0694–AE95 

Additions to the List of Validated EndUsers in the People’s Republic of 

China: Hynix Semiconductor China 

Ltd., Hynix Semiconductor (Wuxi) Ltd. 

and Lam Research Corporation 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62463 

SUMMARY: In this final rule, the Bureau 

of Industry and Security amends the 

Export Administration Regulations 

(EAR) to add three end-users, Hynix 

Semiconductor (China) Ltd., Hynix 

Semiconductor (Wuxi) Ltd. and Lam 

Research Corporation to the list of 

validated end-users in the People’s 

Republic of China (PRC). With this rule, 

exports, reexports and transfers (incountry) of certain items to one facility 

of Hynix Semiconductor (China) Ltd., 

one facility of Hynix Semiconductor 

(Wuxi) Ltd. and nine facilities of Lam 

Research Corporation in the PRC are 

now authorized under Authorization 

Validated End-User (VEU). 

DATES: This rule is effective October 12, 

2010. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE95, by any of 

the following methods: 

E-mail: publiccomments@bis.doc.gov 

Include ‘‘RIN 0694–AE95’’ in the subject 

line of the message. 

Fax: (202) 482–3355. Please alert the 

Regulatory Policy Division, by calling 

(202) 482–2440, if you are faxing 

comments. 

Mail or Hand Delivery/Courier: Sheila 

Quarterman, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, Attn: RIN 0694–AE 95. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285. Comments on 

this collection of information should be 

submitted separately from comments on 

the final rule (i.e., RIN 0694–AE95)—- 

all comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chairman, 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) 482–3811, or by 

e-mail to kniesv@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

(VEU): The List of Approved End-Users, 

Eligible Items and Destinations in the 

People’s Republic of China (PRC) 

Consistent with U.S. Government 

policy to facilitate trade for civilian endusers in the PRC, BIS amended the EAR 

in a final rule on June 19, 2007 (72 FR 

33646) by creating a new authorization 

for ‘‘validated end-users’’ located in 

eligible destinations to which eligible 

items may be exported, reexported or 

transferred under a general 

authorization instead of a license, in 

conformance with section 748.15 of the 

EAR. Validated end-users may obtain 

eligible items that are on the Commerce 

Control List, set forth in Supplement 

No. 1 to part 774 of the EAR, without 

having to wait for their suppliers to 

obtain export licenses from BIS. Eligible 

items may include commodities, 

software and technology, except those 

controlled for missile technology or 

crime control reasons. 

Authorization VEU is a mechanism to 

facilitate increased high-technology 

exports to companies in eligible 

destinations that have a verifiable 

record of civilian uses for such items. 

The validated end-users listed in 

Supplement No. 7 to Part 748 of the 

EAR were reviewed and approved by 

the U.S. Government in accordance with 

the provisions of Section 748.15 and 

Supplement Nos. 8 and 9 to Part 748 of 

the EAR. In addition to U.S. exporters, 

Authorization VEU may be used by 

foreign reexporters as well as by persons 

transferring in-country, and does not 

have an expiration date. Currently, 

validated end-users are located in the 

PRC and India. 

Addition of Hynix Semiconductor China 

Ltd., Hynix Semiconductor (Wuxi) Ltd. 

and Lam Research Corporation to the 

List of Validated End-Users in the PRC 

and the Corporations’ Respective 

‘‘Eligible Items (By ECCN)’’ and ‘‘Eligible 

Destinations’’ 

This final rule amends Supplement 

No. 7 to Part 748 of the EAR to designate 

Hynix Semiconductor China Ltd. 

(HSCL), Hynix Semiconductor (Wuxi) 

Ltd. (HSMC) and Lam Research 

Corporation (Lam), as validated endusers, to identify the eligible facilities of 

HNSL, HSMC and Lam and to identify 

the items that may be exported, 

reexported or transferred (in-country) to 

HSCL’s, HSMC’s and Lam’s specified 

eligible facilities under Authorization 

VEU. The names and addresses of these 

newly approved validated end-users 

and their eligible facilities are as 

follows: 

Validated End-Users 

Hynix Semiconductor China Ltd. 

Hynix Semiconductor (Wuxi) Ltd. 

Lam Research Corporation. 

Eligible Destination for Hynix 

Semiconductor China Ltd. 

Hynix Semiconductor China Ltd., Lot 

K7/K7–1, Export Processing Zone, 

Wuxi, Jiangsu, PR China. 

Eligible Destination for Hynix 

Semiconductor (Wuxi) Ltd. 

Hynix Semiconductor (Wuxi) Ltd., Lot 

K7/K7–1, Export Processing Zone, 

Wuxi, Jiangsu, PR China. 

Eligible Items That May Be Exported, 

Reexported or Transferred (In-Country) 

to the Two Eligible Destinations 

(Facilities) Under HSCL’s and HSMC’s 

Validated End-User Authorizations 

Equipment for the manufacturing of 

semiconductor devices or materials 

classified under Export Control 

Classification Numbers (ECCNs) 

3B001.a, 3B001.b, 3B001.c, 3B001.d, 

3B001.e, and 3B001.f. 

Eligible Destinations for Lam Research 

Corporation 

Lam Research (Shanghai) Service Co., 

1st Floor, Area C, Hua Hong Science 

& Technology Park, 177 Bi Bo Road, 

Zhangjiang Hi-Tech Park, Pudong, 

Shanghai, China 201203. 

Lam Research Shanghai Co., Ltd., No. 1 

Jilong Rd., Room 424–2, Waigaoqiao 

Free Trade Zone, Shanghai, China 

200131. 

Lam Research International Sarl 

(Shanghai TSS), c/o HMG Logistic 

(Shanghai) Co., Ltd., No.55, West 

Shang Feng Road, Tangzhen, Pudong 

New Area, Shanghai, China 201203. 

Lam Research Shanghai Co., Ltd. 

(Shanghai WGQ Bonded Warehouse), 

No. 55, Fei la Road, Waigaoqiao Free 

Trade Zone, Pudong New Area, 

Shanghai, China 200131. 

Lam Research Co., Ltd. (Beijing Branch), 

Room 322 Dadi Mansion, No. 18 

Hongda Beilu, Beijing Economic & 

Technological Development Area, 

Beijing, China 100176. 

Lam Research Co., Ltd. (Wuxi 

Representative Office), 5E, Bldg. C, 

International Science & Technology 

Park, #2 Taishan Road, WND, Wuxi, 

Jiangsu, China 214028. 

Lam Research International Sarl (Wuxi 

EPZ Bonded Warehouse), c/o HMG 

WHL Logistic (Wuxi) Co., Ltd., F1, 

Area 4, No. 1, Plot J3, No. 5 Gaolang 

East Road, Export Processing Zone, 

Wuxi, China 214028, 

Lam Research Co., Ltd. (Wuhan 

Representative Office), Room 1810, 

Guanggu International Building B, 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
62464 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 

456 Luoyu Road, East-Lake Hi-Tech 

Development Zone, Wuhan City, 

Hubei Province, China 430074. 

Lam Research International Sarl (Wuhan 

TSS), c/o HMG Wuhan Logistic Co., 

Ltd., 1st—2nd Floor, No. 5 Building, 

Hua Shi Yuan Er Road, Optical Valley 

Industry Park, East-Lake Hi-Tech 

Development Zone, Wuhan City, 

Hubei Province, China 430223. 

Eligible Items That May Be Exported, 

Reexported or Transferred (In-Country) 

to the Nine Eligible Destinations 

(Facilities) Under Lam’s Validated EndUser Authorization 

Items classified under Export Control 

Classification Numbers (ECCNs) 

2B230, 2B350.c, 2B350.d, 2B350.g, 

2B350.h, 2B350.i, 3B001.c, 3B001.e 

(items controlled under 3B001.c and 

3B001.e are limited to parts and 

components) 3D001, 3D002 (limited 

to ‘‘software’’ specially designed for 

the ‘‘use’’ of stored program controlled 

items classified under ECCN 3B001), 

and 3E001 (limited to ‘‘technology’’ 

according to the General Technology 

Note for the ‘‘development’’ of 

equipment controlled by ECCN 

3B001). 

Approving these end-users as 

validated end-users is expected to 

further facilitate exports to civilian endusers in the PRC, and is expected to 

result in a significant savings of time 

and resources for suppliers and the 

eligible facilities. Authorization VEU 

eliminates the burden on exporters and 

reexporters of preparing individual 

license applications, as exports, 

reexports and transfers (in-country) of 

eligible items to these facilities may 

now be made under general 

authorization instead of under 

individual licenses. With this change, 

exporters and reexporters can supply 

validated end-users in the PRC much 

more quickly, thus enhancing the 

competitiveness of the exporters, 

reexporters, and end-users in the PRC. 

To ensure appropriate facilitation of 

exports and reexports, on-site reviews of 

validated end-users may be warranted 

pursuant to paragraph 748.15(f)(2) and 

section 7(iv) of Supplement No. 8 to 

Part 748 of the EAR. If such reviews are 

warranted, BIS will inform the PRC 

Ministry of Commerce. 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., p. 783 (2002)), as extended 

most recently by the Notice of August 

12, 2010 (75 FR 50681 (August 16, 

2010), has continued the EAR in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for the purposes of 

Executive Order 12866. 

2. This rule involves collections 

previously approved by the OMB under 

control number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a 

burden hour estimate of 58 minutes to 

prepare and submit form BIS–748; and 

for recordkeeping, reporting and review 

requirements in connection with 

Authorization Validated End-User, 

which carries and estimated burden of 

30 minutes per submission. This rule is 

expected to result in a decrease in 

license applications submitted to BIS. 

Total burden hours associated with the 

Paperwork Reduction Act and Office of 

Management and Budget control 

number 0694–0088 are not expected to 

increase significantly as a result of this 

rule. 

Notwithstanding any other provisions 

of law, no person is required to respond 

to nor 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. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(B), BIS finds good cause to waive 

requirements that the rule be subject to 

notice and the opportunity for public 

comment because such notice and 

comment here are unnecessary. In 

determining whether to grant validated 

end-user designations, a committee of 

U.S. Government agencies evaluates 

information about candidate companies 

and commitments made by candidate 

companies, the nature and terms of 

which are set forth in 15 CFR part 748, 

Supplement No. 8. The criteria for 

evaluation by the committee are set 

forth in 15 CFR § 748.15(a)(2). 

The information, commitments and 

criteria for this extensive review were 

all established through the notice of 

proposed rulemaking and public 

comment process (71 FR 38313, July 2, 

2006 and 72 FR 33646, June 19, 2007). 

Given the similarities between the 

authorizations provided under 

Validated End-User (VEU) and export 

licenses (as discussed further below), 

the publication of this information does 

not establish any new policy; in 

publishing this final rule, BIS is simply 

adding validated end-users within the 

established regulatory framework of the 

VEU program. Further, this rule does 

not abridge the rights of the public or 

eliminate the public’s option to export 

under any of the forms of authorization 

set forth in the EAR. 

Publication of this rule in other than 

final form is unnecessary because the 

authorization granted in the rule is 

similar to that granted to exporters for 

individual licenses, which do not 

undergo public review. Individual 

license application applicants and VEU 

authorization applicants both provide 

the U.S. Government with confidential 

business information. This information 

is extensively reviewed according to the 

criteria for VEU authorizations, as set 

out in 15 CFR 748.15(a)(2). Like 

individual export licenses, VEU 

applications are vetted by an 

interagency committee drawing on 

public and non-public sources, 

including licensing data, and measured 

against the VEU authorization criteria. 

The authorizations granted under the 

VEU program, and through individual 

export licenses, involve interagency 

deliberation according to set criteria. 

Given the thorough nature of the review, 

and in light of the parallels between this 

process and the non-public review of 

license applications, public comment on 

this authorization prior to publication is 

unnecessary. Moreover, as noted above, 

the criteria and process for authorizing 

VEUs were developed with public 

comments; allowing additional public 

comment on this individual VEU 

authorization, which was determined 

according to those criteria, is therefore 

unnecessary. 

Section 553(d) of the APA generally 

provides that rules may not take effect 

earlier than 30 days after they are 

published in the Federal Register. 

However, section 553(d)(1) of the APA 

provides that a substantive rule which 

grants or recognizes an exemption or 

relieves a restriction, may take effect 

earlier. Today’s final rule grants an 

exemption from licensing procedures, 

so we make this final rule effective 

immediately. 

No other law requires that a notice of 

proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62465 

not applicable and no regulatory 

flexibility analysis has been prepared. 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, part 748 of the Export 

Administration Regulations (15 CFR 

Parts 730–774) is amended as follows: 

PART 748—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 748 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 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; Notice 

of August 12, 2010, 75 FR 50681 (August 16, 

2010). 

■ 2. Supplement No. 7 to Part 748 is 

amended by adding three entries, 

‘‘Hynix Semiconductor China Ltd.’’, 

‘‘Hynix Semiconductor (Wuxi) Ltd.’’, 

and ‘‘Lam Research Corporation’’, in 

‘‘China (People’s Republic of)’’ in 

alphabetical order to read as follows: 

SUPPLEMENT NO. 7 TO PART 748— 

AUTHORIZATION VALIDATED ENDUSER (VEU); LIST OF VALIDATED 

END-USERS, RESPECTIVE ITEMS 

ELIGIBLE FOR EXPORT, REEXPORT 

AND TRANSFER AND ELIGIBLE 

DESTINATIONS 

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

China (People’s Republic 

of) 

* * * * * * * 

Hynix Semiconductor 

China Ltd.

3B001.a, 3B001.b, 3B001.c, 3B001.d, 

3B001.e, and 3B001.f.

Hynix Semiconductor China Ltd. Lot K7/K7– 

1, Export Processing Zone Wuxi, Jiangsu, 

PR China. 

Hynix Semiconductor 

(Wuxi) Ltd.

3B001.a, 3B001.b, 3B001.c, 3B001.d, 

3B001.e, and 3B001.f.

Hynix Semiconductor (Wuxi) Ltd., Lot K7/ 

K7–1, Export Processing Zone, Wuxi, 

Jiangsu, PR, China. 

Lam Research Corporation.2B230, 2B350.c, 2B350.d, 2B350.g, 

2B350.h, 2B350.i, 3B001.c, 3B001.e 

(items controlled under 3B001.c and 

3B001.e are limited to parts and components), 3D001, 3D002 (limited to ‘‘software’’ specially designed for the ‘‘use’’ of 

stored program controlled items classified 

under ECCN 3B001), and 3E001 (limited 

to ‘‘technology’’ according to the General 

Technology Note for the ‘‘development’’ of 

equipment controlled by ECCN 3B001).

Lam Research (Shanghai) Service Co., 1st 

Floor, Area C, Hua Hong Science & Technology Park, 177 Bi Bo Road Zhangjiang 

Hi-Tech Park, Pudong, Shanghai, China 

201203. 

Lam Research Shanghai Co., Ltd., No. 1 

Jilong Rd., Room 424–2, Waigaoqiao 

Free Trade Zone, Shanghai, China 

200131. 

Lam Research International Sarl (Shanghai 

TSS), c/o HMG Logistic (Shanghai), Co., 

Ltd., No.55, West Shang Feng Road , 

Tangzhen, Pudong New Area, Shanghai, 

China 201203. 

Lam Research Shanghai Co., Ltd., (Shanghai WGQ Bonded Warehouse), No. 55, 

Fei la Road, Waigaoqiao Free Trade 

Zone, Pudong New Area, Shanghai, 

China 200131. 

Lam Research Co., Ltd. (Beijing Branch), 

Room 322 Dadi Mansion, No. 18 Hongda 

Beilu Beijing Economic & Technological 

Development Area, Beijing, China 

100176. 

Lam Research Co., Ltd. (Wuxi Representative Office), 5E, Bldg. C International 

Science & Technology Park, #2 Taishan 

Road, WND, Wuxi, Jiangsu, China 

214028. 

Lam Research International Sarl (Wuxi EPZ 

Bonded Warehouse) c/o HMG WHL Logistic (Wuxi) Co., Ltd., F1, Area 4, No. 1, 

Plot J3, No. 5 Gaolang East Road, Export 

Processing Zone, Wuxi, China 214028. 

Lam Research Co., Ltd. (Wuhan Representative Office), Room 1810, Guanggu International Building B, 456 Luoyu Road, 

East-Lake Hi-Tech Development Zone, 

Wuhan City, Hubei Province, China 

430074. 

Lam Research International Sarl (Wuhan 

TSS), c/o HMG Wuhan Logistic Co., Ltd., 

1st—2nd Floor, No. 5 Building, Hua Shi 

Yuan Er Road, Optical Valley Industry 

Park, East-Lake Hi-Tech Development 

Zone, Wuhan City, Hubei Province, China 

430223. 

*******


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
62466 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 

1 Dodd-Frank Wall Street Reform and Consumer 

Protection Act, Pub. L. 111–203, 124 Stat. 1376 

(2010). 

2Section 19(b)(2)(C), 15 U.S.C. 78s(b)(2)(C), 

provides the standards for Commission approval 

and disapproval of a proposed rule change. Under 

this paragraph, the Commission shall approve a 

proposed rule change if it finds that such proposed 

rule change is consistent with the requirements of 

the Exchange Act and the rules and regulations 

issued thereunder that are applicable to the selfregulatory organization, and the Commission shall 

disapprove a proposal if it does not make such 

finding. Additionally, this paragraph provides that 

the Commission may not approve a proposed rule 

change earlier than 30 days after the date of 

publication unless the Commission finds good 

cause for so doing and publishes the reason for the 

finding. 

3Section 19(b)(3)(C) provides that if the 

Commission temporarily suspends the change in 

the rules of a SRO, it shall ‘‘institute proceedings 

under paragraph (2)(B) to determine whether the 

proposed rule should be approved or disapproved.’’ 

The Commission is amending Rule 30–3(a)(57), 

which presently delegates authority to the Director 

of the Division to institute such proceedings, to 

clarify its applicability to all references to such 

proceedings contained in amended Sections 

19(b)(2) and 19(b)(3) of the Exchange Act. 

Dated: October 4, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–25438 Filed 10–8–10; 8:45 am] 

BILLING CODE 3510–33–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 200 

[Release No. 34–63049] 

Delegation of Authority to the Director 

of the Division of Trading and Markets 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

amending its rules to delegate authority 

to the Director of the Division of 

Trading and Markets (‘‘Division’’) to 

disapprove a proposed rule change 

pursuant to Section 19(b) of the 

Securities Exchange Act of 1934 

(‘‘Exchange Act’’); to temporarily 

suspend a proposed rule change of a 

self-regulatory organization (‘‘SRO’’); to 

notify an SRO that a proposed rule 

change does not comply with the rules 

of the Commission relating to the 

required form of a proposed rule 

change; and to determine that a 

proposed rule change is unusually 

lengthy and complex or raises novel 

regulatory issues and to inform the SRO 

of such determination. In addition, the 

Commission is amending its rules to 

delegate authority to the Director of the 

Division (‘‘Director’’) to determine the 

appropriateness of extending the time 

periods specified in Section 19(b) and 

publish the reasons for such 

determination as well as to effect any 

such extension; to update the references 

to proceedings to determine whether to 

disapprove a proposal and to provide to 

the SRO notice of the grounds for 

disapproval under consideration; to find 

good cause to approve a proposal on an 

accelerated basis and to publish the 

reasons for such determination; and to 

extend the period for consideration of a 

national market system plan or an 

amendment to such plan. This 

delegation is intended to conserve 

Commission resources and to increase 

the effectiveness and efficiency of the 

Commission’s SRO rule filing process. 

DATES: Effective Date: October 12, 2010 

FOR FURTHER INFORMATION CONTACT: 

Richard Holley III, Assistant Director, at 

(202) 551–5614, Kristie Diemer, Special 

Counsel, at (202) 551–5613, and Arisa 

Tinaves, Special Counsel, at (202) 551– 

5676, Division of Trading and Markets, 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–7010. 

SUPPLEMENTARY INFORMATION: The DoddFrank Wall Street Reform and Consumer 

Protection Act 1 amended Section 19 of 

the Exchange Act, 15 U.S.C. 78s(b)(2), so 

that there are new deadlines by which 

the Commission must publish and act 

upon proposed rule changes submitted 

by SROs. In recognition of the 

amendments to Section 19, the 

Commission is amending its rules 

governing delegations of authority to the 

Director of the Division. The 

amendments to Rule 30–3 (17 CFR 

200.30–3) authorize the Director of the 

Division: (1) To disapprove an SRO 

proposed rule change pursuant to 

Section 19(b)(2) of the Exchange Act, 15 

U.S.C. 78s(b)(2), provided that, with 

respect to a particular proposed rule 

change, if two (2) or more 

Commissioners object in writing to the 

Director within five (5) business days of 

being notified by the Director that the 

Division intends to exercise its authority 

to disapprove that particular proposed 

rule change, then the delegation of 

authority to approve or disapprove that 

proposal is withdrawn and the Director 

shall either present a recommendation 

to the Commission or institute pursuant 

to delegated authority proceedings to 

determine whether the proposed rule 

change should be disapproved; 2 (2) 

pursuant to Section 19(b)(2) of the Act, 

15 U.S.C. 78s(b)(2), and Section 19(b)(3) 

of the Act, 15 U.S.C. 78s(b)(3), to 

institute proceedings to determine 

whether a proposed rule change of a 

SRO should be disapproved and to 

provide to the SRO notice of the 

grounds for disapproval under 

consideration, and, in addition, if the 

Commission has not taken action on a 

proposal for which delegated authority 

has been withdrawn under 

subparagraph (12) prior to the 

expiration of the applicable time period 

specified in Section 19(b)(2), 15 U.S.C. 

78s(b)(2), to require the Director to 

institute proceedings to determine 

whether the proposed rule change 

should be disapproved; (3) pursuant to 

new Section 19(b)(10) of the Exchange 

Act, 15 U.S.C. 78s(b)(10), to (a) notify an 

SRO that a proposed rule change does 

not comply with the rules of the 

Commission relating to the required 

form of a proposed rule change, and (b) 

determine that a proposed rule change 

is unusually lengthy and complex or 

raises novel regulatory issues and to 

inform the SRO of such determination; 

(4) pursuant to Section 19(b)(2)(A) of the 

Exchange Act, 15 U.S.C. 78s(b)(2)(A), to 

extend for a period not exceeding 90 

days from the date of publication of 

notice of the filing of a proposed rule 

change the period during which the 

Commission must by order disapprove 

the proposed rule change; (5) pursuant 

to Section 19(b)(2)(A) of the Exchange 

Act, 15 U.S.C. 78s(b)(2)(A), to determine 

the appropriateness of extending the 

period during which the Commission 

must by order approve or disapprove a 

proposed rule change or institute 

proceedings to determine whether to 

disapprove the proposal and publish the 

reasons for such determination; (6) 

pursuant to Section 19(b)(2)(B) of the 

Exchange Act, 15 U.S.C. 78s(b)(2)(B), to 

extend for a period not exceeding 240 

days from the date of publication of 

notice of the filing of a proposed rule 

change the period during which the 

Commission must conclude proceedings 

to determine whether to disapprove the 

proposal and to determine whether such 

longer period is appropriate and publish 

the reasons for such determination; (7) 

to temporarily suspend an SRO’s 

proposed rule change pursuant to 

Section 19(b)(3)(C) of the Exchange Act, 

15 U.S.C. 78s(b)(3)(C); (8) to update the 

references to proceedings to determine 

whether to disapprove a proposal and to 

provide to the SRO notice of the 

grounds for disapproval under 

consideration; 3 and (9) to find good 

cause to approve a proposal on an 

accelerated basis and to publish the 

reasons for such determination. In 

addition, the Commission is amending 

Rule 30–3(a)(42) to authorize the 

Director, pursuant to rule 608(b), 17 

CFR 242.608(b), to extend for a period 


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