Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27185 

M. Section 32 of the Federal Energy 

Administration Act of 1974 

Under section 301 of the Department 

of Energy Organization Act (Pub. L. 95– 

91), the Department of Energy must 

comply with section 32 of the Federal 

Energy Administration Act of 1974 

(Pub. L. 93–275), as amended by the 

Federal Energy Administration 

Authorization Act of 1977 (Pub. L. 95– 

70). (15 U.S.C. 788) Section 32 provides 

that where a proposed rule authorizes or 

requires use of commercial standards, 

the notice of proposed rulemaking must 

inform the public of the use and 

background of such standards. In 

addition, section 32(c) requires DOE to 

consult with the Department of Justice 

and the Federal Trade Commission 

concerning the impact of the 

commercial or industry standards on 

competition. This final rule to provide 

for use of the CCMS system, establish an 

e-mail address for the submission of email compliance statements and 

certification reports, and update contact 

information does not require the use of 

any commercial standards. Therefore, 

no consultation with either DOJ or FTC 

is required. 

N. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

II. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Energy conservation test 

procedures, Household appliances. 

Issued in Washington, DC, on May 7, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

■ For the reasons set forth in the 

preamble, chapter II of title 10, Code of 

Federal Regulations, part 430 is 

amended to read as set forth below. 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: U.S.C. 6291–6309; 28 U.S.C. 

2461, note. 

■ 2. Section 430.62 is amended by 

revising paragraphs (a)(1), (b)(1), and (c) 

to read as follows: 

§ 430.62 Submission of data. 

(a) Certification. (1) Except as 

provided in paragraph (a)(2) of this 

section, each manufacturer or private 

labeler before distributing in commerce 

any basic model of a covered product 

subject to the applicable energy 

conservation standard or water 

conservation standard (in the case of 

faucets, showerheads, water closets, and 

urinals) set forth in subpart C of this 

part shall certify by means of a 

compliance statement and a certification 

report that each basic model(s) meets 

the applicable energy conservation 

standard or water conservation standard 

(in the case of faucets, showerheads, 

water closets, and urinals) as prescribed 

in section 325 of the Act. The 

compliance statement, signed by the 

company official submitting the 

statement, and the certification report(s) 

may be sent by certified mail to: U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Alternatively, the statement(s) may be 

submitted electronically at http:// 

www.regulations.doe.gov/ccms. 

* * * * * 

(b) Model Modifications. (1) Any 

change to a basic model which affects 

energy consumption or water 

consumption (in the case of faucets, 

showerheads, water closets, and urinals) 

constitutes the addition of a new basic 

model. If such change reduces 

consumption, the new model shall be 

considered in compliance with the 

standard without any additional testing. 

If, however, such change increases 

consumption while still meeting the 

standard, all information required by 

paragraph (a)(4) of this section for the 

new basic model must be submitted, 

either by certified mail, to: U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121, or 

electronically to: http:// 

www.regulations.doe.gov/ccms. 

* * * * * 

(c) Discontinued model. When 

production of a basic model has ceased 

and it is no longer being distributed, 

this shall be reported, either by certified 

mail, to: U.S. Department of Energy, 

Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121, or electronically to: http:// 

www.regulations.doe.gov/ccms. For 

each basic model, the report shall 

include: Product type, product class, the 

manufacturer’s name, the private labeler 

name(s), if applicable, and the 

manufacturer’s model number. If the 

reporting of discontinued models 

coincides with the submittal of a 

certification report, such information 

can be included in the certification 

report. 

* * * * * 

[FR Doc. 2010–11584 Filed 5–13–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 748 

[Docket No. 100205081–0149–01] 

RIN 0694–AE86 

Revisions to the Authorization for 

Validated End-User Applied Materials 

China, Ltd. 

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 update the name of an existing 

validated end-user in the People’s 

Republic of China (PRC) and revise the 

associated list of eligible items and 

facilities for that validated end-user. BIS 

previously approved Applied Materials 

China, Ltd. (Applied) as a validated 

end-user, authorizing exports, reexports 

and transfers (in-country) of certain 

items to four Applied facilities in the 

PRC under Authorization Validated 

End-User (VEU). In addition to updating 

Applied’s name, this rule revises the 

names and addresses of Applied’s four 

previously approved facilities. This rule 

also authorizes three additional Applied 

facilities, which are added to the list of 

Applied’s eligible destinations. Finally, 

this rule revises the list of Export 

Control Classification Numbers (ECCNs) 

for items that may be exported, 

reexported or transferred (in-country) to 

the eligible Applied facilities. 

DATES: This rule is effective May 14, 

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–AE86, by any of 

the following methods: 

• E-mail: 

publiccomments@bis.doc.gov. Include 

‘‘RIN 0694–AE86’’ in the subject line of 

the message. 

• Fax: (202) 482–3355. Please alert 

the Regulatory Policy Division, by 


emcdonald on DSK2BSOYB1PROD with RULES
27186 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

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–AE86. 

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–AE86)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Susan Kramer, Acting 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) 482–0117, or by 

e-mail to skramer@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 

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. 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. Currently, validated end-users 

are located in the People’s Republic of 

China (PRC) and India. Validated endusers may obtain eligible items that are 

on the Commerce Control List without 

having to wait for their suppliers to 

obtain export licenses from BIS. A wide 

range of items are eligible for shipment 

under Authorization VEU. In addition to 

U.S. exporters, Authorization VEU may 

be used by foreign reexporters, and does 

not have an expiration date. 

Revision to the Name of Validated EndUser Applied Materials China, Ltd. and 

to the Related List of Respective 

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

Destination’’ 

This final rule amends Supplement 

No. 7 to Part 748 of the EAR to update 

the name of Applied Materials China, 

Ltd. to Applied Materials (China), Inc. 

(Applied). This rule also amends the 

related list of Export Control 

Classification Numbers (ECCNs) for 

items that may be exported, reexported 

or transferred (in-country) to eligible 

facilities of Applied in the PRC. This 

rule also updates the names and 

addresses of Applied’s four previously 

approved facilities, and authorizes three 

additional Applied facilities. The 

revised information associated with 

Applied in Supplement No. 7 is as 

follows: 

Validated End-User 

Applied Materials (China), Inc. 

ECCNs and Revised Respective Facility 

Names and Addresses 

Items classified under ECCNs 2B006.b, 

2B230, 2B350.g.3, 2B350.i, 3B001.b, 

3B001.c, 3B001.d, 3B001.e, 3B001.f, 

3C001, 3C002, 3D002 (limited to 

‘‘software’’ specially designed for the 

‘‘use’’ of stored program controlled 

items classified under ECCN 3B001) 

may be exported, reexported and 

transferred (in-country) to all Applied 

destinations below other than 

Applied Materials (Xi’an) Ltd. 

Applied Materials South East Asia Pte. 

Ltd.—Shanghai Depot, c/o Shanghai 

Applied Materials Technical Service 

Center, No. 2667 Zuchongzhi Road, 

Shanghai, China 201203. 

Applied Materials South East Asia Pte. 

Ltd.—Beijing Depot, c/o Beijing 

Applied Materials Technical Service 

Center, No. 1 North Di Sheng Street, 

BDA, Beijing, China 100176. 

Applied Materials South East Asia Pte. 

Ltd.—Wuxi Depot, c/o Sinotrans 

Jiangsu Fuchang Logistics Co., Ltd., 1 

Xi Qin Road, Wuxi Export Processing 

Zone, Wuxi, Jiangsu, China 214028. 

Applied Materials South East Asia Pte. 

Ltd.—Wuhan Depot, c/o Wuhan 

Optics Valley Import & Export Co., 

Ltd., No. 101 Guanggu Road, East 

Lake High-Tec Development Zone, 

Wuhan, Hubei, China 430074. 

Applied Materials (China), Inc.— 

Shanghai Depot, No. 2667 

Zuchongzhi Road, Shanghai, China 

201203. 

Applied Materials (China), Inc.—Beijing 

Depot, No. 1 North Di Sheng Street, 

BDA, Beijing, China 100176. 

Items classified under ECCNs 2B006.b, 

2B230, 2B350.g.3, 2B350.i, 3B001.b, 

3B001.c, 3B001.d, 3B001.e, 3B001.f, 

3C001, 3C002, 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’’ or 

‘‘production’’ of items controlled by 

ECCN 3B001) may be exported, 

reexported and transferred (incountry) to Applied destination 

Applied Materials (Xi’an) Ltd. only as 

listed below. 

Applied Materials (Xi’an) Ltd., No. 28 

Xin Xi Ave., Xi’an High Tech Park, 

Export Processing Zone, Xi’an, 

Shaanxi, China 710075. 

Prior to this rule, facilities in the PRC 

cities of Shanghai, Beijing, Wuxi and 

Xi’an had been approved as eligible 

destinations for Applied. This rule 

modifies the addresses and names of the 

facilities in Shanghai, Beijing and Wuxi, 

and slightly modifies the name of the 

facility in Xi’an. Further, this rule 

authorizes three additional Applied 

facilities located in Beijing, Shanghai, 

and Wuhan to the list of eligible 

destinations associated with Applied 

under Authorization VEU. In addition, 

this rule expands the eligible items 

authorized for export, reexport, or 

transfer (in-country) to Applied’s 

facilities to include items classified 

under ECCNs 2B006.b and 3B001.b, .c, 

and .f. The rule also adds items 

classified under ECCNs 2B350.i., 

3B001.d, and certain items classified 

under ECCN 3D002. In addition, certain 

items classified under ECCN 3E001 are 

added to the list of eligible items for 

Applied’s Xi’an facility only. These 

changes were made based on an 

application submitted to BIS, which was 

reviewed by the interagency End-User 

Review Committee. 

Making the above-described changes 

for this validated end-user is expected 

to further facilitate exports to civil 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 

will eliminate 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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27187 

authorization instead of under 

individual licenses. Exporters and 

reexporters may now supply validated 

end-users 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 

the 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 

13, 2009 (74 FR 41325 (August 14, 

2009)), 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. 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. This rule 

involves collections previously 

approved by the OMB under control 

number 0694–0088, ‘‘Multi-Purpose 

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 an 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. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. Pursuant to 5 U.S.C. 553(a)(1), 

notice of proposed rulemaking, the 

opportunity for public participation and 

a delay in effective date are inapplicable 

because this regulation involves a 

military and foreign affairs function of 

the United States. Further, 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. 

Therefore, this regulation is issued in 

final form. Although there is no formal 

comment period, public comments on 

this regulation are welcome on a 

continuing basis. Comments should be 

submitted to Sheila Quarterman, 

Regulatory Policy Division, Bureau of 

Industry and Security, U.S. Department 

of Commerce, 14th Street & 

Pennsylvania Avenue, NW., Room 2705, 

Washington, DC 20230. 

List of Subjects in 15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

■ Accordingly, part 748 of the Export 

Administrative 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 13, 2009, 74 FR 41325 (August 14, 

2009). 

■ 2. Supplement No. 7 to Part 748 is 

amended by revising the entry for 

Applied Materials China, Ltd., a 

validated end-user in ‘‘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).Applied Materials 

(China), Inc.

2B006.b, 2B230, 2B350.g.3, 2B350.i, 

3B001.b, 3B001.c, 3B001.d, 3B001.e, 

3B001.f, 3C001, 3C002, 3D002 (limited to 

‘‘software’’ specially designed for the ‘‘use’’ 

of stored program controlled items classified under ECCN 3B001).

Applied Materials South East Asia Pte. Ltd.— 

Shanghai Depot c/o Shanghai Applied Materials Technical Service Center No. 2667 

Zuchongzhi Road, Shanghai, China 

201203. 

Applied Materials South East Asia Pte. Ltd.— 

Beijing Depot c/o Beijing Applied Materials 

Technical Service Center No. 1 North Di 

Sheng Street, BDA Beijing, China 100176. 

Applied Materials South East Asia Pte. Ltd.— 

Wuxi Depot c/o Sinotrans Jiangsu Fuchang 

Logistics Co., Ltd. 1 Xi Qin Road, Wuxi Export Processing Zone Wuxi, Jiangsu, China 

214028. 

Applied Materials South East Asia Pte. Ltd.— 

Wuhan Depot c/o Wuhan Optics Valley Import & Export Co., Ltd. No. 101 Guanggu 

Road East Lake High-Tec Development 

Zone Wuhan, Hubei, China 430074. 


emcdonald on DSK2BSOYB1PROD with RULES
27188 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

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—Continued 

Country Validated end-user Eligible items 

(by ECCN) Eligible destination 

Applied Materials (China), Inc.—Shanghai 

Depot No. 2667, Zuchongzhi Road Shanghai, China 201203. 

Applied Materials (China), Inc.—Beijing 

Depot No. 1 North Di Sheng Street, BDA 

Beijing, China 100176. 

2B006.b, 2B230, 2B350.g.3, 2B350.i, 

3B001.b, 3B001.c, 3B001.d, 3B001.e, 

3B001.f, 3C001, 3C002, 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’’ or ‘‘production’’ of items controlled 

by ECCN 3B001). 

Applied Materials (Xi’an) Ltd. No. 28 Xin Xi 

Ave., Xi’an High Tech Park Export Processing Zone Xi’an, Shaanxi, China 710075. 

* * * * * * * 

Dated: May 6, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–11574 Filed 5–13–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, and 1926 

[Docket No. OSHA–H054A–2006–0064] 

RIN 1218–AC43 

Revising the Notification Requirements 

in the Exposure Determination 

Provisions of the Hexavalent 

Chromium Standards 

AGENCY: Occupational Safety and Health 

Administration (OSHA); Department of 

Labor. 

ACTION: Final rule; confirmation of 

effective date. 

SUMMARY: OSHA is confirming the 

effective date of its direct final rule 

(DFR) revising the employee notification 

requirements in the exposure 

determination provisions of the 

standards for Hexavalent Chromium 

(Cr(VI)). In the March 17, 2010, DFR 

document, OSHA stated that the DFR 

would become effective on June 15, 

2010, unless one or more significant 

adverse comments were submitted by 

April 16, 2010. OSHA did not receive 

significant adverse comments on the 

DFR, so by this document the Agency is 

confirming that the DFR will become 

effective on June 15, 2010. 

DATES: The DFR published on March 17, 

2010, becomes effective on June 15, 

2010. For purposes of judicial review, 

OSHA considers May 14, 2010 as the 

date of promulgation. 

FOR FURTHER INFORMATION CONTACT: For 

general information and press inquiries 

contact Ms. Jennifer Ashley, Director, 

OSHA Office of Communications, Room 

N–3647, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–1999. 

For technical inquiries, contact Maureen 

Ruskin, Office of Chemical Hazards— 

Metals, Directorate of Standards and 

Guidance, Room N–3718, OSHA, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone: (202) 693–1950; fax: (202) 

693–1678. 

Copies of this Federal Register notice 

are available from the OSHA Office of 

Publications, Room N–3101, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

telephone (202) 693–1888. Electronic 

copies of this Federal Register notice 

and other relevant documents are 

available at OSHA’s Web page at http://

www.osha.gov. 

ADDRESSES: For purposes of 28 U.S.C. 

2112(a), OSHA designates the Associate 

Solicitor of Labor for Occupational 

Safety and Health as the recipient of 

petitions for review of the direct final 

rule. Contact the Associate Solicitor at 

the Office of the Solicitor, Room S– 

4004, U.S. Department of Labor, 200 

Constitution Avenue, NW., Washington, 

DC 20210; telephone: (202) 693–5445. 

SUPPLEMENTARY INFORMATION: 

I. Confirmation of Effective Date 

On March 17, 2010, OSHA published 

a DFR in the Federal Register (75 FR 

12681) amending the employee 

notification requirements in the 

exposure determination provisions of 

the Cr(VI) standards, 29 CFR 1910.1026, 

29 CFR 1915.1026, and 29 CFR 

1926.1126. As originally promulgated in 

2006, the Cr(VI) standards required 

employers to notify employees of any 

exposure determinations indicating 

exposures in excess of the applicable 

permissible exposure limit (PEL). As 

amended, the standard requires 

employers to notify employees of all 

exposure determinations, whether above 

or below the PEL. Interested parties had 

until April 16, 2010, to submit 

comments on the DFR. The Agency 

stated that it would publish another 

notice confirming the effective date of 

the DFR if it received no significant 

adverse comments. 

Eight comments were submitted in 

response to the DFR. OSHA has 

determined that they are not significant 

adverse comments. Three of the 

comments were nonsubstantive and did 

not object to the planned amendments 

to the Cr(VI) standards. See OSHA– 

H054A–2006–0064–0003; OSHA– 

H054A–2006–0064–0004; OSHA– 

H054A–2006–0064–0005. Four 

commenters—the Building and 

Construction Trades Department, 

Ameren (an investor owned electric and 

natural gas utility), Public Citizen, and 

the AFL–CIO—strongly supported the 

DFR. See OSHA–H054A–2006–0064– 

0006; OSHA–H054A–2006–0064–0007; 

OSHA–H054A–2006–0064–0008; 

OSHA–H054A–2006–0064–0009. The 

eighth commenter was Edison Electric 


emcdonald on DSK2BSOYB1PROD with RULES