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--- schema: federal-register doc_type: fedreg source_file: FR-2010-11-01.xml --- 75 210 Monday, November 1, 2010 Contents Agriculture Agriculture Department See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Operating Guidelines, Forms, and Waivers; Correction, 67079 2010-27507 Alcohol Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2010-27526 67117-67120 2010-27528 2010-27529 2010-27530 2010-27531 Army Army Department See Engineers Corps Centers Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67092-67093 2010-27487 Coast Guard Coast Guard RULES Security Zones: U.S. Coast Guard BSU Seattle, Pier 36, Seattle, WA; Correction, 67032 2010-27480 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Consumer Consumer Product Safety Commission PROPOSED RULES Requirements for Bicycles, 67043-67047 2010-27503 Standard for the Flammability of Mattresses and Mattress Pads, 67047-67054 2010-27504 Defense Defense Department See Engineers Corps Drug Drug Enforcement Administration PROPOSED RULES Listing of Approved Drug Products Containing Dronabinol in Schedule III, 67054-67059 2010-27502 Education Education Department RULES Foreign Institutions—Federal Student Aid Programs, 67170-67200 2010-26796 Energy Energy Department NOTICES Denials of Requests for Review Under Section 3(c) of the Natural Gas Act:

Sabine Pass Liquefaction, LLC, 67086 2010-27497 Proposed Subsequent Arrangements, 2010-27498 67086-67087 2010-27499 2010-27500 2010-27501 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Mechanical Creation and Maintenance of Emergent Sandbar Habitat; Riverine Segments of the Upper Missouri River, 67084-67085 2010-27496 EPA Environmental Protection Agency PROPOSED RULES Greenhouse Gas Emissions Standards and Fuel Efficiency Standards: Medium- and Heavy-Duty Engines and Vehicles, 67059-67060 2010-27510 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: NESHAP for Secondary Aluminum Production Residual Risk and Technology Review, 67087-67088 2010-27508 Clean Water Act and Federal Insecticide, Fungicide, and Rodenticide Act: Common Aquatic Life Effects Assessment for Pesticides Using Available Data, 67088-67090 2010-27289 Executive Office of the President See Presidential Documents See Science and Technology Policy Office FCC Federal Communications Commission PROPOSED RULES Television Broadcasting Services:

Huntsville, AL, 67077-67078 2010-27461 Universal Service Reform Mobility Fund, 67060-67077 2010-27458 NOTICES Meetings: Technological Advisory Council, 67090-67091 2010-27618 FDIC Federal Deposit Insurance Corporation NOTICES Meetings: FDIC Advisory Committee on Economic Inclusion, 67091 2010-27505 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 67091-67092 2010-27492 Fish Fish and Wildlife Service NOTICES Environmental Impact Statements;

Availability, etc.: Charles M. Russell National Wildlife Refuge and UL Bend National Wildlife Refuge, MT, 67095 2010-27352 Food Food and Drug Administration RULES Oral Dosage Form New Animal Drugs: Domperidone, 67031 2010-27524 NOTICES Meetings: Anesthetic and Life Support Drugs Advisory and Drug Safety and Risk Management Advisory Committees, 67093 2010-27457 Temporary Permit for Market Testing: Iceberg Water Deviating From Identity Standard, 67093-67094 2010-27518 Foreign Foreign Assets Control Office NOTICES Designation of Two Individuals Pursuant to Executive Order 13224;

Correction, 67166 2010-27511 Unblocking of Two Specially Designated Nationals Pursuant to Executive Order 13224, 67166-67167 2010-27512 Foreign Foreign-Trade Zones Board NOTICES Applications for Reorganizations (Expansion of Service Area) under the Alternative Site Framework: Foreign-Trade Zone 176, Rockford, IL, 67081-67082 2010-27520 Forest Forest Service NOTICES Meetings: Delta-Bienville Resource Advisory Committee, 67079 2010-27485 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Indian Indian Affairs Bureau NOTICES Rate Adjustments for Indian Irrigation Projects, 67095-67100 2010-27311 Industry Industry and Security Bureau RULES Amendment to Existing Validated End-User Authorization in the People's Republic of China: Semiconductor Manufacturing International Corp., 67029-67031 2010-27517 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau IRS Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67163-67166 2010-27471 2010-27472 2010-27475 2010-27476 2010-27477 International International Trade Administration NOTICES Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation: Opportunity to Request Administrative Review, 67079-67081 2010-27521 Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Sunset Reviews, 67081 2010-27523 Initiation of Five-Year (Sunset) Review, 67082-67083 2010-27522 International International Trade Commission NOTICES Institution of Five-Year Reviews Concerning Antidumping Duty Orders:

Cased Pencils From China, 67102-67105 2010-27442 Forged Stainless Steel Flanges from India and Taiwan, 67110-67113 2010-27515 Granular Polytetrafluoroethylene Resin from Italy and Japan, 67105-67108 2010-27438 Superalloy Degassed Chromium from Japan, 67100-67102 2010-27444 Institution of Five-Year Reviews Concerning Countervailing Duty Orders and Antidumping Duty Orders: Cut-to-Length Carbon Steel Plate from India, Indonesia, Italy, Japan and Korea, 67108-67110 2010-27441 Investigations:

Sparklers from China, 67113-67116 2010-27436 Justice Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Victims of Crime Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67116 2010-27527 Labor Labor Department See Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Senior Community Service Employment Program Performance Measurement System, 67120-67121 2010-27481 Labor Labor Statistics Bureau NOTICES Establishment of the Bureau of Labor Statistics Technical Advisory Committee, 67121 2010-27482 Re-Establishment of the Bureau of Labor Statistics Data Users Advisory Committee, 67121-67122 2010-27483 Millenium Millennium Challenge Corporation NOTICES Compact with the Hashemite Kingdom of Jordan, 67122-67142 2010-27459 National Highway National Highway Traffic Safety Administration PROPOSED RULES Greenhouse Gas Emissions Standards and Fuel Efficiency Standards:

Medium- and Heavy-Duty Engines and Vehicles, 67059-67060 2010-27510 NOAA National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery Management Plan; Amendments 20 and 21; Trawl Rationalization Program; Correction, 67032-67042 2010-27536 NOTICES Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries: Application for Exempted Fishing Permit, 67083-67084 2010-27534 National Science National Science Foundation NOTICES Meetings:

Proposal Review Panel for Physics, 67142 2010-27478 Permits Issued Under the Antarctic Conservation Act (of 1978), 2010-27463 67143 2010-27464 2010-27479 Nuclear Nuclear Regulatory Commission NOTICES Applications for Amendment to Facility Operating License; Withdrawals: Entergy Nuclear Operations, Inc., 67143-67144 2010-27509 Establishment of Atomic Safety and Licensing Board: Nextera Energy Seabrooke, LLC, 67145 2010-27513 Overseas Overseas Private Investment Corporation NOTICES Meetings;

Sunshine Act, 67145 2010-27632 2010-27646 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67145-67146 2010-27544 Postal Postal Regulatory Commission NOTICES New Postal Products, 67146-67149 2010-27467 2010-27469 2010-27474 Postal Postal Service NOTICES Meetings; Sunshine Act, 67149 2010-27653 Presidential Presidential Documents ADMINISTRATIVE ORDERS Colombia; Continuation of Drug Interdiction Assistance (Presidential Determination):

No. 2010-11 of August 10, 67011 2010-27668 Comprehensive Iran Sanctions, Accountability, and Divestment Act; Delegation of Functions and Authorities (Memorandum of September 23, 2010), 67025-67027 2010-27679 Delegation of Waiver Authority Pursuant to Section 107(a) of Public Law 110-457 (Memorandum of September 20, 2010), 67023 2010-27677 Kyrgyzstan; Unexpected Urgent Refugee and Migration Needs Resulting from Violence (Presidential Determination): No. 2010-12 of August 26, 67013 2010-27672 Narcotics and Drugs;

Major Illicit Transit or Producing Countries (Presidential Determination): No. 2010-16 of September 15, 67019-67022 2010-27676 Pakistan; Unexpected Urgent Refugee and Migration Needs Resulting from Flooding (Presidential Determination): No. 2010-14 of September 3, 67015 2010-27673 Trafficking in Persons; Foreign Governments' Efforts Regarding (Presidential Determination): No. 2010-15 of September 10, 67017-67018 2010-27674 Science Science and Technology Policy Office NOTICES 2010 National Nanotechnology Initiative Strategic Plan, 67149-67150 2010-27358 SECURITIES AND EXCHANGE Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 67150-67152 2010-27468 Meetings; Sunshine Act, 67152 2010-27640 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 67155-67162 2010-27495 International Securities Exchange, LLC, 67152-67155 2010-27465 2010-27494 SMALL Business Administration Small Business Administration NOTICES Disaster Declarations: Nebraska, 67162 2010-27535 Wisconsin, 67162-67163 2010-27537 Transportation Transportation Department See National Highway Traffic Safety Administration NOTICES Meetings:

Future of Aviation Advisory Committee Subcommittee on Competitiveness and Viability, 67163 2010-27484 Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: CBP Regulations Pertaining to Customs Brokers, 67094-67095 2010-27489 Victims Victims of Crime Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 67116-67117 2010-27525 Separate Parts In This Issue Part II Education Department, 67170-67200 2010-26796 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 75 210 Monday, November 1, 2010 Rules and Regulations DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 748 [Docket No. 101006492-0494-02 ] RIN 0694-AF02 Amendment to Existing Validated End-User Authorization in the People's Republic of China:

Semiconductor Manufacturing International Corporation AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. SUMMARY: In this action, the Bureau of Industry and Security

(BIS)amends the Export Administration Regulations

(EAR)to remove one facility from the list of Semiconductor Manufacturing International Corporation

(SMIC)facilities that are authorized to receive certain items in the People's Republic of China

(PRC)under SMIC's validated end-user

(VEU)authorization. Specifically, BIS removes Cension Semiconductor Manufacturing Corporation (Cension) from SMIC's list of approved VEU facilities in the PRC due to a material change at SMIC. This amendment is not the result of prohibited activities by Cension or by SMIC, nor does it establish any new license requirements or more restrictive licensing policies for exports, reexports or transfers (in-country) of items to the facility identified in this rule; license requirements set forth in the EAR continue to apply to this facility. DATES: This rule is effective November 1, 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-AF02 by any of the following methods: *E-mail: publiccomments@bis.doc.gov.* Include “RIN 0694-AF02” 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-AF02. 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-AF02)—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: Authorization Validated End-User Consistent with U.S. Government policy to facilitate trade for civilian end-users in the PRC, on June 19, 2007 BIS amended the EAR in a final rule (72 FR 33646) to create a new authorization to allow “validated end-users”

(VEUs)located in eligible destinations to receive certain items through export, reexport or transfer (in-country) under a general authorization rather than requiring a license. 15 CFR 748.15. Companies listed as VEUs 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 for those items that are 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 and persons transferring in-country, and does not have an expiration date. Currently, VEUs are located in the PRC and India. Removal of Cension Semiconductor Manufacturing Corporation (Cension) From the List of Validated End-User Semiconductor Manufacturing International Corporation's (SMIC's) Approved Facilities in the PRC In a rule published in the **Federal Register** on October 19, 2007 (72 FR 59231), BIS designated SMIC as a VEU, thus authorizing certain specific exports, reexports and transfers (in-country) to the five listed facilities of the company, including Cension. Due to a material change at the Cension facility of SMIC, and consistent with section 748.15 of the EAR, BIS now amends Supplement No. 7 to Part 748 of the EAR to remove the Cension facility from that list of SMIC's approved VEU facilities. This change leaves four SMIC facilities that are approved to receive eligible items under SMIC's VEU authorization. Cension's address ( *i.e.,* 3/F, 8-1 Kexin Road, Export Processing Zone (West Area), Chengdu, China 611731) will also be removed from the list of SMIC's authorized VEU facilities. As a result of this rule, the Cension facility will no longer be authorized to receive items through Authorization VEU. Thus, parties seeking to export, reexport or transfer (in-country) items under the EAR to the Cension facility may now have to obtain a license to do so, depending on the item at issue. This amendment is not the result of prohibited activities by Cension or SMIC. SMIC remains a qualified participant in the VEU program and exports, reexports and transfers (in-country) of the items controlled under the export control classification numbers listed in SMIC's entry in Supplement No. 7 to Part 748 of the EAR to the SMIC facilities listed in the same part may continue to be made under Authorization VEU. Nor does this action establish any new license requirements, or more restrictive licensing policies, for exports, reexports or transfers (in-country) of items to the Cension facility. Rather, the license requirements set forth in the EAR continue to apply to this facility. Note that this amendment applies only to transactions under Authorization VEU involving SMIC's Cension facility. All conditions and restrictions that applied to transactions that were undertaken pursuant to Authorization VEU prior to the effective date of this amendment, and that involve the Cension facility, continue to apply to those transactions. These restrictions and conditions include any that were imposed on this facility in connection with its eligibility for Authorization VEU, as established by BIS in its communications authorizing the Cension facility's participation in the VEU program. Saving Clause Shipments of items removed from eligibility for export, reexport or transfer (in-country) under Authorization VEU (i.e., under the designator VEU) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting carrier, or en route aboard a carrier to a port of export, on November 1, 2010, pursuant to actual orders for export, reexport or transfer (in-country) to an eligible destination, may proceed to that destination under the previously applicable Authorization so long as they are exported, reexported or transferred (in-country) before November 16, 2010. Any such items not actually exported, reexported or transferred (in-country) before midnight, on November 16, 2010, require an individual license or other applicable authorization under the EAR. 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 information collections previously approved by OMB under control number 0694-0088, “Multi-Purpose Application” (Form BIS 748). This collection has a burden hour estimate of 58 minutes for the preparation and submission of the form, and an estimated burden of 30 minutes per submission for recordkeeping, reporting and review requirements in connection with the Authorization VEU program. Although this rule may result in a slight increase in license applications, this rule is not expected to impact the information collection request previously approved by OMB under control number 0694-0088. 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 OMB Control Number. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 13132. 4. There is good cause under 5 U.S.C. 553(b)(B) to waive the provisions of the Administrative Procedure Act

(APA)requiring prior notice and the opportunity for public comment because, specific to this rule, they are unnecessary, impracticable and contrary to the public interest. In determining whether to grant or revoke validated end-user designations, a committee of U.S. Government agencies evaluates a variety of information, 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). Thus, authorization of a VEU is similar to granting a license: To receive Authorization VEU, an application must be submitted on behalf of an entity; the entity must be found to meet certain previously identified criteria; and the application must be approved. Because the authorization granted by BIS pursuant to 15 CFR § 748.15 is similar to that granted to exporters for individual licenses, which do not undergo public review when they are approved, denied, revoked, or amended, allowing public review and comments to this rule is unnecessary. The procedure for revocation of a facility from the Authorized VEU list is similar to the license revocation procedure, and because this rule involves revocation, public comment on it is unnecessary. During the revocation procedure, the U.S. Government analyzes confidential business information according to set criteria to determine whether a given authorized VEU entity remains eligible for VEU status. Revocation may, as in this case, be the result of a material change in circumstance at the authorized facility. Examples of such a material change include changes in the operational status of a VEU facility or changes in the end-use of the products produced at the facility. Such changes may result in a VEU or a VEU facility no longer meeting the eligibility criteria for Authorization VEU, and thus may lead the U.S. Government to modify or revoke VEU authorization. Facilities that undergo material changes that result in their no longer meeting the criteria to be eligible VEUs must, according to the VEU program, have their VEU status revoked. Here, the Cension facility is no longer eligible to be an Authorized VEU, and so, by the terms of the EAR and the VEU program, the facility's VEU status must be revoked; thus public comments on whether to revoke this status are unnecessary. Additionally, allowing for prior public notice and comment on this rule may be impracticable and contrary to the public interest. The EAR advance U.S. national security, foreign policy, and economic objectives by ensuring an effective export control system. In accordance with the pre-set criteria, the U.S. Government reviews each VEU and its facilities to ensure that exports, reexports and transfers (in-country) of specified items to these entities are consistent with such objectives. Accordingly, VEUs and their facilities may receive through export, reexport or transfer (in-country) items that would otherwise require a license and transaction-specific review, in part due to national security concerns. However, the listed facility here is no longer eligible to be an Authorized VEU facility, and in order to protect national security, the restrictions of the EAR must be in place as soon as possible. Allowing public comments to this rule would hinder the ability of BIS to enforce the EAR's restrictions on exports without a license to the listed facility, and therefore public comment on this rule is both impracticable, because allowing such comment would prevent BIS from undertaking its statutory duties, and contrary to the public's national security interests. In addition, BIS finds good cause to waive the requirement of 5 U.S.C. 553(d)(3) to delay the effectiveness of this regulation, because such a delay is contrary to the public's interest. When the U.S. Government has been notified of or has identified a material change in circumstances that warrants revocation or modification of VEU status for an end-user or a facility of an end-user, there is a need to quickly alert the public that the facility is no longer authorized as a recipient of items under Authorization VEU. Delaying this action's effectiveness could result in items that otherwise require licenses being exported, reexported or transferred (in-country), license-free, to an ineligible facility. Accordingly, it would be contrary to the public interest to delay this rule's effectiveness. 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 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 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 removing “Cension Semiconductor Manufacturing Corporation” and its address “(3/F, 8-1 Kexin Road, Export Processing Zone (West Area), Chengdu, China 611731)” from the list of “Eligible Destinations” for “Validated End-User” “Semiconductor Manufacturing International Corporation” in “China (People's Republic of)”. Dated: October 26, 2010. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2010-27517 Filed 10-29-10; 8:45 am]

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