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
Federal Register / Vol. 75, No. 93 / Friday, May 14, 2010 / Rules and Regulations 27189 

Institute (EEI), the association of 

shareholder-owned electric companies. 

See OSHA–H054A–2006–0064–0010. 

EEI supported the DFR, commenting: 

‘‘EEI has no objection to informing 

employees of exposure determinations 

regardless of the results. Indeed, EEI 

members have long been sharing the 

results of exposure monitoring with 

their employees, regardless of whether 

overexposures have been revealed.’’ EEI 

went on, however, to ask OSHA for 

clarification of the Cr(VI) standards’ 

requirements that employers provide 

affected employees with notice of 

exposure determination results within 

15 work days in general industry, and 

within 5 work days in construction. 

These deadlines for providing required 

notices were in the Cr(VI) standards as 

originally promulgated in 2006, and are 

not being changed in this direct final 

rulemaking. OSHA noted as much in the 

DFR notice. (See 75 FR at 12683 (‘‘[T]he 

number of work days employers have to 

provide notice to employees will remain 

unchanged.’’).) 

Because EEI’s interpretive request is 

beyond the scope of this narrow direct 

final rulemaking, and EEI did not 

explain why the amendment to the 

scope of the notification requirement 

would be ineffective without 

clarification on the timing issue, the 

Agency has concluded that this is not a 

significant adverse comment. (See 75 FR 

at 12683 (‘‘OSHA will not consider a 

comment recommending an additional 

amendment to be a significant adverse 

comment unless the comment states 

why the direct final rule would be 

ineffective without the addition.’’).) 

Moreover, because the issues raised by 

EEI are unrelated to this rulemaking, 

OSHA will not be addressing them in 

this notice. EEI may submit its inquiries 

to OSHA via a written request for a 

letter of interpretation from the 

Directorate of Enforcement Programs. 

As the Agency did not receive any 

significant adverse comments, OSHA is 

hereby confirming that the DFR 

published on March 17, 2010, will 

become effective on June 15, 2010. 

II. OMB Review Under the Paperwork 

Reduction Act of 1995 

The DFR amends a notification 

requirement that is subject to review by 

the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act of 1995 (PRA–95), 44 U.S.C. 3501 et 

seq., and OMB’s regulations at 5 CFR 

part 1320. The information collection 

requirements (‘‘paperwork’’) currently 

contained in the Chromium VI (Cr(VI)) 

standards are approved by OMB 

(Information Collection Request (ICR), 

Chromium (VI) Standards for General 

Industry (29 CFR 1910.1026), Shipyard 

Employment (29 CFR 1915.1026), and 

Construction (29 CFR 1926.1126)), 

under OMB Control number 1218–0252. 

The Department notes that a federal 

agency cannot conduct or sponsor a 

collection of information unless it is 

approved by OMB under the PRA and 

displays a currently valid OMB control 

number. The public is not required to 

respond to a collection of information 

requirement unless it displays a 

currently valid OMB control number. 

Also, notwithstanding any other 

provisions of law, no person shall be 

subject to penalty for failing to comply 

with a collection of information 

requirement if the requirement does not 

display a currently valid OMB control 

number. 

On June 22, 2009, OSHA published a 

preclearance Federal Register notice, 

Docket No. OSHA–2009–0015, as 

specified in PRA–95 (44 U.S.C. 

3506(c)(2)(A)), allowing the public 60 

days to comment on a proposal to 

extend OMB’s approval of the 

information collection requirements in 

the Cr(VI) standards (74 FR 29517). This 

notice also informed the public that 

OSHA was considering revising the 

notification requirements in the Cr(VI) 

standards to require employers to notify 

employees of all exposure 

determination results. OSHA estimated 

the new burden hours and costs that 

would result from this amendment to 

the standard, and the public had 60 

days to comment on those estimates in 

accordance with the PRA, 44 U.S.C. 

3506(c)(2). OSHA estimated that a 

requirement to notify employees of all 

exposure determination results would 

result in an increase of 62,575 burden 

hours and would increase employer 

cost, in annualized terms, by 

$1,526,731. 

The preclearance comment period 

closed on August 21, 2009. OSHA did 

not receive public comments on that 

notice. On October 30, 2009, OSHA 

published a Federal Register notice 

announcing that the Cr(VI) ICR had been 

submitted to OMB (74 FR 56216) for 

review and approval, and that interested 

parties had until November 30, 2009, to 

submit comments to OMB on that 

submission. No comments were 

received in response to that notice 

either. OMB approved the Cr(VI) ICR, 

but because this direct final rulemaking 

was still ongoing, the total burden hours 

approved did not include the additional 

burden that OSHA had estimated would 

need to be added to the ICR as a result 

this DFR (75 FR 13783, Mar. 23, 2010). 

In the DFR published on March 17, 

2010, OSHA provided an additional 30 

days for the public to comment on the 

estimated paperwork implications of the 

revised notification requirements. The 

Agency did not receive any comments 

on paperwork in response to that notice. 

On April 23, 2010, OSHA submitted 

a Change Worksheet to OMB requesting 

modification of the Cr(VI) ICR to reflect 

the additional paperwork burdens that 

need to be added as a result of this DFR. 

OMB approved OSHA’s request on May 

4, 2010. 

List of Subjects 

29 CFR Part 1910 

Exposure determination, General 

industry, Health, Hexavalent chromium 

(Cr(VI)), Notification of determination 

results to employees, Occupational 

safety and health. 

29 CFR Part 1915 

Exposure determination, Health, 

Hexavalent chromium (Cr(VI)), 

Notification of determination results to 

employees, Occupational safety and 

health, Shipyard employment. 

29 CFR Part 1926 

Construction, Exposure 

determination, Health, Hexavalent 

chromium (Cr(VI)), Notification of 

determination results to employees, 

Occupational safety and health. 

Authority and Signature 

David Michaels, PhD, MPH, Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210, directed the 

preparation of this direct final rule. The 

Agency is issuing this rule under 

Sections 4, 6, and 8 of the Occupational 

Safety and Health Act of 1970 (29 U.S.C. 

653, 655, 657), Secretary of Labor’s 

Order 5–2007 (72 FR 31159), and 29 

CFR part 1911. 

Signed at Washington, DC, on May 11, 

2010. 

David Michaels, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. 2010–11586 Filed 5–13–10; 8:45 am] 

BILLING CODE 4510–26–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Part 4022 

Benefits Payable in Terminated SingleEmployer Plans; Interest Assumptions 

for Valuing and Paying Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 


emcdonald on DSK2BSOYB1PROD with RULES