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

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 ane-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


### 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. Governmentpolicy 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 ofChina (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 expectedto 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


### 27187 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations

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:



### S UPPLEMENT 

### N O 

### . 7 TO 

### P ART 

### 748—A UTHORIZATION 

### VALIDATED 

### E ND 

### -U SER 

### (VEU); L IST OF 

### VALIDATED 

### E ND 

### -U SERS



### , R ESPECTIVE 

### I TEMS 

### E LIGIBLE FOR 

### E XPORT 

### , R EEXPORT AND 

### T RANSFER AND 

### E LIGIBLE 

### D ESTINATIONS

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 FuchangLogistics 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.


### 27188 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations

S UPPLEMENT 

### N O 

### . 7 TO 

### P ART 

### 748—A UTHORIZATION 

### VALIDATED 

### E ND 

### -U SER 

### (VEU); L IST OF 

### VALIDATED 

### E ND 

### -U SERS



### ,

R ESPECTIVE 

### I TEMS 

### E LIGIBLE FOR 

### E XPORT 

### , R EEXPORT AND 

### T RANSFER AND 

### E LIGIBLE 

### D ESTINATIONS

### —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 XiAve., 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