27182 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

1For editorial reasons, Parts B (consumer 

products) and C (commercial equipment) of Title III 

of EPCA were re-designated as parts A and A–1, 

respectively, in the United States Code. 

establishes that certain scientific 

information shall be peer reviewed by 

qualified specialists before it is 

disseminated by the Federal 

government, including influential 

scientific information related to agency 

regulatory actions. The purpose of the 

bulletin is to enhance the quality and 

credibility of the Government’s 

scientific information. Under the 

Bulletin, the energy conservation 

standards rulemaking analyses are 

‘‘influential scientific information.’’ The 

Bulletin defines ‘‘influential scientific 

information’’ as ‘‘scientific information 

the agency reasonably can determine 

will have, or does have, a clear and 

substantial impact on important public 

policies or private sector decisions.’’ 70 

FR 2667 (January 14, 2005). 

In response to OMB’s Bulletin, DOE 

conducted formal in-progress peer 

reviews of the energy conservation 

standards development process and 

analyses and has prepared a Peer 

Review Report pertaining to the energy 

conservation standards rulemaking 

analyses. The ‘‘Energy Conservation 

Standards Rulemaking Peer Review 

Report,’’ dated February 2007, has been 

disseminated and is available at http:// 

www.eere.energy.gov/buildings/ 

appliance_standards/peer_review.html. 

VI. Approval of the Office of the 

Assistant Secretary 

The Assistant Secretary for Energy 

Efficiency and Renewable Energy has 

approved publication of this final rule. 

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

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–11592 Filed 5–13–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2010–BT–CRT–0017] 

RIN 1904–AC10 

Energy Conservation Program: WebBased Compliance and Certification 

Management System 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: This final rule: provides a 

new means for manufacturers and third 

party representatives to prepare and 

submit compliance and certification 

reports to the Department of Energy 

(DOE) through an electronic Web-based 

tool, the Compliance and Certification 

Management System (CCMS), which 

will be the preferred mechanism for 

submitting compliance and certification 

reports; allows compliance and 

certification reports to be submitted via 

e-mail; and updates the address and 

contact information used to submit 

compliance statements and certification 

reports through certified mail to DOE. 

DATES: Effective Date: This final rule is 

effective June 1, 2010. 

ADDRESSES: For access to the docket and 

to read background material, visit the 

U.S. Department of Energy, Resource 

Room of the Building Technologies 

Program, 950 L’Enfant Plaza, SW., 6th 

Floor, Washington, DC, 20024, (202) 

586–2945, between 9 a.m. and 4 p.m. 

Monday through Friday, except Federal 

holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Charles Llenza, U.S. Department of 

Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 

286–2192. E-mail: 

Charles.Llenza@ee.doe.gov. 

Ms. Betsy Kohl, U.S. Department of 

Energy, Office of General Counsel, 

GC–71, Forrestal Building, GC–71, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 

586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

establishes that compliance statements 

and certification reports may be 

submitted to DOE through any of the 

following means: 

1. Compliance and Certification 

Management System (CCMS)—via the 

Web portal: http://regulations.doe.gov/ 

ccms. Follow the instructions on the 

CCMS Web site for submitting 

compliance statements and certification 

reports. The CCMS is a tool for 

certification of compliance with 

applicable energy conservation 

standards. Submission of compliance 

statements and certification reports via 

the CCMS is preferred and will satisfy 

compliance and certification reporting 

requirements for DOE. For CCMS Help/ 

Support Contact: Mr. Charles Llenza, 

U.S. Department of Energy, Office of 

Energy Efficiency and Renewable 

Energy, Building Technologies, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

2192. E-mail: 

Charles.Llenza@ee.doe.gov. 

2. E-mail—send to: 

certification.report@ee.doe.gov and 

indicate in the subject line the 

manufacturer, the third party 

representative if applicable, and the 

specific product or equipment for which 

the report is being submitted. 

3. Certified Mail—send to: Charles 

Llenza, Appliances and Commercial 

Equipment Standards, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program (EE–2J), Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Include in the address the subject line: 

Compliance and Certification 

Management System. 

Legislative Authority: Part A of Title 

III of the Energy Policy and 

Conservation Act of 1975 (EPCA), 

Public Law 94–163, as amended, 42 

U.S.C. 6291–6309, established the 

‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles.’’ Similarly, Part A–1 of 

Title III of EPCA, as amended, 42 U.S.C. 

6311–6317, established an energy 

efficiency program for ‘‘Certain 

Industrial Equipment,’’ which included 

certain commercial equipment.1 EPCA 

requires each manufacturer of a covered 

product to submit information or reports 

to the Secretary with respect to energy 

efficiency, energy use, or, in the case of 

showerheads, faucets, water closets, and 

urinals, water use of such covered 

product and the economic impact of any 

proposed energy conservation standard, 

as DOE determines may be necessary to 

establish and revise test procedures, 

labeling rules, and energy conservation 

standards for such product and to 

ensure compliance with the 

requirements. In so doing, DOE must 

consider existing public sources, 

including nationally recognized 

certification programs of trade 

associations. See 42 U.S.C. 6296(d). 

Further, the Energy Policy Act of 2005 

(EPACT 2005), Public Law 109–58, 

amended EPCA with respect to 

particular consumer products and 

commercial and industrial equipment 

by providing definitions, test 

procedures, labeling provisions, energy 

conservation standards, and the 

authority to require information and 

reports from manufacturers. EPACT 

2005 also authorized DOE to require 

manufacturers of covered commercial 

and industrial equipment to submit 

information and reports for a variety of 

purposes, including ensuring 


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Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27183 

compliance with applicable energy 

conservation standards. See 42 U.S.C. 

6316(a) and (b). 

Initially, the CCMS database will be 

used only for the submission of 

compliance statements and certification 

reports for covered consumer products. 

Section 430.62 of the Code of Federal 

Regulations stipulates the requirements 

for manufacturers of particular 

consumer products regarding the 

submission of compliance and 

certification data to the DOE. 

Specifically, 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) shall certify by means of a 

compliance statement and certification 

report that each basic model(s) meets 

the applicable energy or water 

conservation standard as prescribed in 

Section 325 of the Act. Additionally, 

DOE adopted a final rule on January 5, 

2010 titled ‘‘Certification, Compliance, 

and Enforcement Requirements for 

Certain Consumer Products and 

Commercial and Industrial Equipment.’’ 

75 FR 652. This final rule adopted 

regulations to implement reporting 

requirements for energy conservation 

standards and energy use, and to 

address other matters, including 

compliance certification, prohibited 

actions, and enforcement procedures for 

specific consumer products (and 

commercial and industrial equipment) 

covered by EPACT 2005, as well as 

commercial heating, air-conditioning, 

and water heating equipment covered 

under EPACT 1992. In addition, DOE 

adopted provisions for manufacturer 

certification for distribution 

transformers (also a type of commercial 

equipment). 

Discussion: This rulemaking: (1) 

Implements an electronic Web-based 

tool known as the Compliance and 

Certification Management System 

(CCMS) to facilitate the development 

and submission of compliance 

statements and certification reports; (2) 

adds e-mail as a new option for 

submitting compliance statements and 

certification reports; and (3) updates the 

address and contact information for 

submitting compliance statements and 

certification reports by certified mail to 

DOE. 

The CCMS is a Web-based tool to 

facilitate the preparation, submission, 

and processing of compliance 

statements and certification reports. 

DOE prefers use of CCMS for submitting 

these documents. Submission of the 

documents through CCMS will satisfy 

reporting requirements for DOE. DOE 

believes that the CCMS will provide a 

convenient means for manufacturers 

and third party representatives to create, 

submit, and track the processing of 

compliance statements and certification 

reports and related information using 

customized, electronic product 

templates. 

The electronic product templates will 

serve as a combined compliance 

statement and certification report and be 

available for covered consumer products 

for which compliance statements and 

certification reports are currently 

required. The CCMS database will be 

updated to allow for submission of 

compliance statements and certification 

reports required for other consumer 

products in the future, as well as for 

commercial and industrial equipment. 

User guides with step-by-step 

instructions and Helpdesk support will 

be provided to assist users of the CCMS. 

DOE believes the CCMS will streamline 

and reduce the burden of reporting 

requirements for manufacturers and 

third party representatives, as well as 

facilitate the processing of compliance/ 

certification reports by DOE. 

I. Procedural Requirements 

A. Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

‘‘Regulatory Planning and Review,’’ 58 

FR 51735 (October 4, 1993). 

Accordingly, this action was not subject 

to review under that Executive Order by 

the Office of Information and Regulatory 

Affairs (OIRA) of the Office of 

Management and Budget (OMB). 

B. Administrative Procedure Act 

DOE finds good cause to waive notice 

and comment on these regulations 

pursuant to 5 U.S.C. 553(b)(3)(B), and 

the 30-day delay in effective date 

pursuant to 5 U.S.C. 553(d). Notice and 

comment are unnecessary and contrary 

to the public interest because this final 

rule does not require any new actions 

on the part of manufacturers and thirdparty representatives; rather it simply 

allows an alternative option for 

submission of information which is 

already required. A delay in effective 

date is unnecessary and contrary to the 

public interest for these same reasons. 

Therefore, these regulations are being 

published as final regulations and are 

effective June 1, 2010. 

C. National Environmental Policy Act 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from further 

review under the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.) and DOE’s 

implementing regulations at 10 CFR part 

1021. This rule amends an existing rule 

without changing its environmental 

effect, and, therefore, is covered by the 

Categorical Exclusion A5 found in 

appendix A to subpart D, 10 CFR part 

1021. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

D. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that must be 

proposed for public comment, unless 

the agency certifies that the rule will 

have no significant economic impact on 

a substantial number of small entities. 

As required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site at http:// 

www.gc.doe.gov. Because a notice of 

proposed rulemaking is not required 

under the Administrative Procedure Act 

or other applicable law, the Regulatory 

Flexibility Act does not require 

certification or the conduct of a 

regulatory flexibility analysis for this 

rule. 

E. Paperwork Reduction Act 

This rule contains a collection-ofinformation requirement subject to the 

Paperwork Reduction Act (PRA) and 

which has been approved by OMB 

under control number 1910–1400. 

Public reporting burden for submittals 

through CCMS is estimated to average 

15 hours per response, including the 

time for reviewing instructions, 

searching existing data sources, 

gathering and maintaining the data 

needed, and completing and reviewing 

the collection of information. Written 

comments regarding the burden-hour 

estimate or other aspects of the 

collection-of-information requirements 

contained in this final rule may be 

submitted to Mr. Charles Llenza, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 


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27184 Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 

2192 and by e-mail to 

Christine_Kymn@omb.eop.gov. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person 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. 

F. Unfunded Mandates Reform Act of 

1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4) requires each Federal agency to 

assess the effects of Federal regulatory 

actions on State, local, and Tribal 

governments and the private sector. For 

proposed regulatory actions likely to 

result in a rule that may cause 

expenditures by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation), section 

202 of UMRA requires a Federal agency 

to publish estimates of the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate.’’ UMRA 

also requires an agency plan for giving 

notice and opportunity for timely input 

to small governments that may be 

affected before establishing a 

requirement that might significantly or 

uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA (62 FR 12820) (also available at 

http://www.gc.doe.gov). Today’s final 

rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

G. Treasury and General Government 

Appropriations Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s rule would have no impact on 

the autonomy or integrity of the family 

as an institution. Accordingly, DOE has 

concluded that it is unnecessary to 

prepare a Family Policymaking 

Assessment. 

H. Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (August 4, 1999) imposes 

certain requirements on agencies 

formulating and implementing policies 

or regulations that preempt State law or 

that have Federalism implications. The 

executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. DOE has 

examined this final rule and determined 

that it would not preempt State law and 

would have no substantial direct effect 

on the States, on the relationship 

between the national government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. Executive 

Order 13132 requires no further action. 

I. Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (February 7, 1996), 

imposes on Federal agencies the general 

duty to adhere to the following 

requirements: (1) Eliminate drafting 

errors and ambiguity, (2) write 

regulations to minimize litigation, (3) 

provide a clear legal standard for 

affected conduct rather than a general 

standard, and (4) promote simplification 

and burden reduction. Regarding the 

review required by section 3(a), section 

3(b) of Executive Order 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation (1) clearly 

specifies the preemptive effect, if any; 

(2) clearly specifies any effect on 

existing Federal law or regulation; (3) 

provides a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

specifies the retroactive effect, if any; (5) 

adequately defines key terms; and (6) 

addresses other important issues 

affecting clarity and general 

draftsmanship under any guidelines 

issued by the Attorney General. Section 

3(c) of Executive Order 12988 requires 

Executive agencies to review regulations 

in light of applicable standards in 

sections 3(a) and 3(b) to determine 

whether they are met or it is 

unreasonable to meet one or more of 

them. DOE has completed the required 

review and determined that, to the 

extent permitted by law, this rule meets 

the relevant standards of Executive 

Order 12988. 

J. Treasury and General Government 

Appropriations Act, 2001 

The Treasury and General 

Government Appropriations Act, 2001 

(44 U.S.C. 3516 note) provides for 

agencies to review most disseminations 

of information to the public under 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (February 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (October 7, 2002). DOE has 

reviewed today’s rulemaking under the 

OMB and DOE guidelines and has 

concluded that it is consistent with 

applicable policies in those guidelines. 

K. Executive Order 13211 

Executive Order 13211, ‘‘Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use,’’ 66 FR 28355 (May 

22, 2001), requires Federal agencies to 

prepare and submit to OMB a Statement 

of Energy Effects for any proposed 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgated or is 

expected to lead to promulgation of a 

final rule, and that (1) is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy; or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any proposed 

significant energy action, the agency 

must give a detailed statement of any 

adverse effects on energy supply, 

distribution, or use should the proposal 

be implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s regulatory 

action is not a significant regulatory 

action under Executive Order 12866 or 

any successor order; would not have a 

significant adverse effect on the supply, 

distribution, or use of energy; and has 

not been designated by the 

Administrator of OIRA as a significant 

energy action. Accordingly, DOE has not 

prepared a Statement of Energy Effects. 

L. Executive Order 12630 

Pursuant to Executive Order 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights,’’ 53 FR 8859 (March 15, 1988), 

DOE has determined that this rule 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 


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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