37634 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST—Continued 

Country Entity License requirement License review policy Federal Register 

citation 

*******

Iran 

*******

Hassan Seifi, Unit #23, 

Eighth Floor, No. 193 

West Sarve Boulevard 

Kaj Square, Saadat 

Abad, 19987–14434, 

Tehran, Iran.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

Reza Seifi, Unit #23, 

Eighth Floor, No. 193 

West Sarve Boulevard 

Kaj Square, Saadat 

Abad, 19987–14434, 

Tehran, Iran.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

Sabanican Company 

(a.k.a., Sabanican Pad 

Co.), Unit #23, Eighth 

Floor, No. 193 West 

Sarve Boulevard Kaj 

Square, Saadat Abad, 

19987–14434, Tehran, 

Iran.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

United Arab Emirates 

* * * * * * * 

Aletra General Trading 

(a.k.a., Erman & Sultan 

Trading Co.), Sabkha 

Street, Shop No. 8, 

Dubai, U.A.E.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28 2011, 

* * * * * * * 

Syed Amir Ahmed Najfi, 

Sabkha Street, Shop 

No. 8, Dubai, U.A.E.

For all items subject to the 

EAR. (See § 744.11 of 

the EAR).

Presumption of denial ....... 76 FR [INSERT FR PAGE 

NUMBER] 

June 28, 2011. 

* * * * * * * 

Dated: June 21, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–16165 Filed 6–27–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 110519290–1298–01] 

RIN 0694–AF25 

Revision to the Validated End-User 

Authorization for CSMC Technologies 

Corporation in the People’s Republic 

of China 

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 revise the validated end-user 

authorization for CSMC Technologies 

Corporation (CSMC) in the People’s 

Republic of China (PRC) by adding an 

item to the list of items that may be 

exported, reexported, or transferred (incountry) to CSMC’s eligible destinations 

under Authorization Validated EndUser (VEU). 

DATES: This rule is effective June 28, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Karen Nies-Vogel, Chair, End-User 

Review Committee, Office of the 

Assistant Secretary, Export 

Administration, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Phone: (202) 482–5991, Fax: (202) 482– 

3911, E-mail: ERC@bis.doc.gov. 

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Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 37635 

SUPPLEMENTARY INFORMATION: 

Background 

Authorization Validated End-User 

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

Eligible Items and Destinations in the 

PRC 

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 

be exported, reexported, or transferred 

(in-country) under a general 

authorization instead of a license, in 

conformance with section 748.15 of the 

EAR. On January 18, 2011, BIS 

identified CSMC as a Validated EndUser (76 FR 2802). 

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 those controlled for missile 

technology or crime control reasons. 

The VEUs 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. The EndUser Review Committee (ERC), 

composed of representatives from the 

Departments of State, Defense, Energy 

and Commerce, and other agencies, as 

appropriate, is responsible for 

administering the VEU program. A 

unanimous vote by the ERC is required 

to authorize VEU status for a candidate 

or to add any eligible items to an 

existing authorization. Majority vote of 

the ERC is required to remove VEU 

authorization or to remove eligible items 

from an existing authorization. 

In addition to U.S. exporters, 

Authorization VEU may be used in 

accordance with the provisions of the 

EAR by foreign reexporters and by 

persons transferring in-country, and it 

does not have an expiration date. VEUs 

are subject to regular reviews, based on 

information available to the United 

States government, to ensure that items 

shipped under Authorization VEU are 

used for civilian purposes. In addition, 

VEUs are subject to on-site reviews as 

warranted. 

As of the date of this rule, pursuant 

to section 748.15(b) of the EAR, VEUs 

are only located in the PRC and India. 

Revisions to CSMC Technologies 

Corporation’s ‘‘Eligible Items (By 

ECCN)’’ 

This final rule amends Supplement 

No. 7 to Part 748 of the EAR to add most 

items classified under Export Control 

Classification Number (ECCN) 3B001.h 

(‘‘Multi-layer masks with a phase shift 

layer’’) to the list of items that may be 

exported, reexported, or transferred (incountry) to CSMC’s ‘‘Eligible 

Destinations’’ under Authorization VEU. 

Multilayer masks with a phase shift 

layer designed to produce ‘‘space 

qualified’’ semiconductor devices are 

excluded from those items eligible for 

shipment under Authorization VEU to 

CSMC. The ERC reviewed CSMC’s 

request to add these items to its VEU 

Authorization and concluded the 

proposed addition is appropriate. 

The complete list of items by ECCN, 

as revised, that may be exported, 

reexported, or transferred (in-country) to 

CSMC’s eligible destinations under 

Authorization VEU is as follows: 

Eligible Items that may be exported, 

reexported, or transferred (in-country) to 

the three ‘‘Eligible Destinations’’ under 

CSMC Technologies Corporation’s 

Validated End-User Authorization 

Items classified under Export Control 

Classification Numbers 1C350.c.3, 

1C350.c.11, 2B230.a, 2B230.b, 2B350.f, 

2B350.g, 2B350.h, 3B001.c.1.a, 

3B001.c.2.a, 3B001.e, 3B001.h (except 

for multilayer masks with a phase shift 

layer designed to produce ‘‘space 

qualified’’ semiconductor devices), 

3C002.a, and 3C004. 

Since August 21, 2001, the Export 

Administration Act (the 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. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been determined to be not 

significant for purposes of Executive 

Order 12866. 

2. This rule involves collections 

previously approved by the Office of 

Management and Budget (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 VEU, which carries an 

estimated burden of 30 minutes per 

submission. This rule is expected to 

result in a decrease in license 

applications submitted to BIS because 

this rule expands the list of items that 

do not require an individually validated 

license for exports, reexports, or 

transfers (in-country) to eligible CSMC 

destinations. Total burden hours 

associated with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA) and OMB 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 

nor be subject to a penalty for failure to 

comply with a collection of information, 

subject to the requirements of the 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. Pursuant to the Administrative 

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

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

requirements that this rule be subject to 

notice and the opportunity for public 

comment because such notice and 

comment here are unnecessary. In 

determining whether to grant VEU 

designations, a committee of U.S. 

Government agencies evaluates 

information about 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 the VEU 

program and export licenses (as 

discussed further below), the 

publication of this information does not 

establish new policy; in publishing this 

final rule, BIS simply amends an 

authorization by adding an eligible 

ECCN to the list of items approved for 

export, reexport, or transfer (in-country) 

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37636 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Rules and Regulations 

to the VEU’s approved facilities. This 

has been done 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 a proposed rule is 

unnecessary because the authorization 

granted in the rule is consistent with the 

authorizations granted to exporters for 

individual licenses (and amendments or 

revisions thereof), which do not 

undergo public review. Just as license 

applicants do, VEU authorization 

applicants 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). Additionally, just as the 

interagency reviews license 

applications, the authorizations granted 

under the VEU program involve 

interagency deliberation and result from 

review of public and non-public 

sources, including licensing data, and 

the measurement of such information 

against the VEU authorization criteria. 

Given the thorough nature of the review, 

and in light of the parallels between the 

VEU application review process and the 

review of license applications, public 

comment on this authorization and 

subsequent amendments prior to 

publication is unnecessary. Moreover, 

because, as noted above, the criteria and 

process for authorizing and 

administering VEUs were developed 

with public comments; allowing 

additional public comment on this 

amendment to an individual VEU 

authorization, which was determined 

according to those criteria, is 

unnecessary. 

Section 553(d) of the APA generally 

provides that rules may not take effect 

earlier than thirty (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 

and thus is 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 under the APA 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 EAR (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 revising the ‘‘Eligible Items 

(by ECCN)’’ for ‘‘CSMC Technologies 

Corporation’’, for ‘‘China (People’s 

Republic of)’’ to read as follows: 

SUPPLEMENT NO. 7 TO PART 748—AUTHORIZATION VALIDATED END–USER (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).

* * * * * * * 

CSMC Technologies 

Corporation.

1C350.c.3, 1C350.c.11, 2B230.a, 2B230.b, 

2B350.f, 2B350.g 2B350.h, 3B001.c.1.a, 

3B001.c.2.a, 3B001.e 3B001.h (except for 

multilayer masks with a phase shift layer 

designed to produce ‘‘space qualified’’ 

semiconductor devices), 3C002.a, and 

3C004.

CSMC Technologies Fab 1 Co., Ltd, 14 

Liangxi Road, Wuxi, Jiangsu 214061, 

China. 

CSMC Technologies Fab 2 Co., Ltd., Block 

86, 87, Wuxi National Hi-New Tech Industrial Development Zone, Wuxi, Jiangsu 

214061, China. 

Wuxi CR Semiconductor, Wafers and Chips 

Co., Ltd., 14 Liangxi Road, Wuxi, Jiangsu 

214061, China. 

* * * * * * * 

Dated: June 22, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–16156 Filed 6–27–11; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1120 

Substantial Product Hazard List: HandSupported Hair Dryers 

AGENCY: U.S. Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’) 

authorizes the U.S. Consumer Product 

Safety Commission (‘‘Commission,’’ 

‘‘CPSC,’’ or ‘‘we’’) to specify, by rule, for 

any consumer product or class of 

consumer products, characteristics 

whose existence or absence shall be 

deemed a substantial product hazard 

under certain circumstances. We are 

issuing a final rule to determine that any 

hand-supported hair dryer without 

integral immersion protection presents a 

substantial product hazard. 

DATES: The rule takes effect July 28, 

2011. The incorporation by reference of 

the publications listed in this rule is 

approved by the Director of the Federal 

Register as of July 28, 2011. 

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