Notices. Notice—Computer Matching between the Department of Education and the Department of Homeland Security, United States Citizenship and Immigration Services, formerly the Immigration and Naturalization Service
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BILLING CODE 5001-06-M DEPARTMENT OF EDUCATION Privacy Act of 1974; Computer Matching Program AGENCY: Department of Education. ACTION: Notice—Computer Matching between the Department of Education and the Department of Homeland Security, United States Citizenship and Immigration Services, formerly the Immigration and Naturalization Service. SUMMARY: Pursuant to the Office of Management and Budget
(OMB)*Final Guidance Interpreting the Provisions of Public Law 100-503, the Computer Matching and Privacy Protection Act of 1988,* (54 FR 25818 (June 19, 1989)) and OMB Circular A-130, Appendix I (65 FR 77677 (December 12, 2000)) notice is hereby given of the computer matching program between the Department of Education
(ED)(the recipient agency), and the Department of Homeland Security, United States Citizenship and Immigration Service (USCIS), (the source agency). In accordance with the Privacy Act of 1974 (5 U.S.C. 552a), as amended by the Computer Matching and Privacy Protection Act of 1988, and OMB Circular A-130, the following information is provided: 1. *Names of Participating Agencies.* The U.S. Department of Education and the U.S. Department of Homeland Security, USCIS. 2. *Purpose of the Match.* The matching program entitled “Verification Division USCIS/ED” will permit ED to confirm the immigration status of alien applicants for, or recipients of, financial assistance under Title IV of the Higher Education Act of 1965, as amended (HEA), as authorized by section 484(g) of the HEA; 20 U.S.C. 1091(g). The Title IV programs include: the Federal Pell Grant Program; the Academic Competitiveness Grant Program; the National Science and Mathematics Access to Retain Talent Grant Program; the Federal Perkins Loan Program; the Federal Work-Study Program; the Federal Supplemental Educational Opportunity Grant Program; the Federal Family Education Loan Program; the William D. Ford Federal Direct Loan Program; the Leveraging Educational Assistance Partnership Program; and the Gaining Early Awareness and Readiness for Undergraduate Programs. 3. *Authority for Conducting the Matching Program.* The information contained in the USCIS data base is referred to as the Verification Information System (VIS), and is authorized under the Immigration Reform and Control Act of 1986 (IRCA), Public Law 99-603. ED seeks access to the VIS database for the purpose of confirming the immigration status of applicants for assistance, as authorized by section 484(g) of the HEA, 20 U.S.C. 1091(g), and consistent with the Title IV student eligibility requirements of section 484(a)(5), 20 U.S.C. 1091(a)(5) of the HEA. USCIS is authorized to participate in this immigration status verification under section 103 of the Immigration and Nationality Act, as amended, 8 U.S.C. 1103. 4. *Categories of Records and Individuals Covered.* The records to be used in the match and the roles of the matching participants are described as follows: Through the use of user identification codes and passwords, authorized persons from ED will transmit electronically data from its Privacy Act system of records entitled, “Federal Student Aid Application File (18-11-01)” to USCIS. The data will include the alien registration number, the First and Last Name, date of birth, current Social Security Number and the answer to the question, “Are you male or female?” of the alien applicant for, or recipient of, Title IV assistance. This action will initiate a search for corresponding data elements in a USCIS Privacy Act system of records entitled “Verification Information System Records Notice (DHS-2007-0010).” Where there is a match of records, the system will add the following data to the record and return the file to ED: the Primary or Secondary Verification Number, a code indicating whether the student was confirmed to be an eligible non-citizen or if a determination could not be made, the date of entry into the U.S., country of birth, and the USCIS status code of the alien applicant or recipient. In accordance with 5 U.S.C. 552a(p), ED will not suspend, terminate, reduce, or make a final denial of any Title IV assistance to such individual, or take other adverse action against such individual, as a result of information produced by such a match, until (1)(a) ED has independently verified the information; or
(b)the Data Integrity Board of ED determines in accordance with guidance issued by the Director of the OMB that
(i)The information is limited to identification and amount of benefits paid by ED under a Federal benefit program; and
(ii)there is a high degree of confidence that the information provided to ED is accurate;
(2)the individual receives a notice from ED containing a statement of its findings and informing the individual of the opportunity to contest such findings by submitting documentation demonstrating a satisfactory immigration status within 30 days of receipt of the notice; and
(3)30 days from the date of the individual's receipt of such notice has expired. 5. *Effective Dates of the Matching Program.* The matching program will become effective 40 days after a copy of the computer matching agreement, as approved by the Data Integrity Board of each agency, is sent to Congress and OMB, unless the requested ten-day waiver is approved by OMB or unless OMB objects to some or all of the agreement, or 30 days after publication of this notice in the **Federal Register** , whichever date is later. The matching program will continue for 18 months after the effective date and may be extended for an additional 12 months thereafter, if the conditions specified in 5 U.S.C. 552a(o)(2)(D) have been met. 6. *Address for Receipt of Public Comments or Inquires.* Ms. Marya Dennis, Management and Program Analyst, U.S. Department of Education, Federal Student Aid, Union Center Plaza, 830 First Street, NE., Washington, DC 20002-5345. Telephone:
(202)377-3385. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape or computer diskette) on request to the contact person listed in the preceding paragraph. Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use the PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO access at: *http://www.gpoaccess.gov/nara/index.html.* Authority: 5 U.S.C. 552a; Public Law 100-503. Dated: September 13, 2007. Lawrence A. Warder, Acting Chief Operating Officer, Federal Student Aid. [FR Doc. E7-18376 Filed 9-17-07; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Docket No. EERE-2007-BT-CRT-0009] Agency Information Collection Extension: Energy Conservation Program: Compliance and Certification Information Collection for Electric Motors AGENCY: Department of Energy. ACTION: Notice and request for comments. SUMMARY: The Department of Energy (DOE), pursuant to the Paperwork Reduction Act of 1995, intends to extend for three years, through the Office of Management and Budget (OMB), the mandatory Compliance Certification information collection package for certain 1 through 200 horsepower electric motors covered under the Energy Policy and Conservation Act, Public Law 94-163, as amended (EPCA); whereby, a manufacturer or private labeler reports on and certifies its compliance with energy efficiency standards for commercial and industrial electric motors covered under Title 10, Code of Federal Regulations, Part 431 (10 CFR Part 431)—Energy Efficiency Program for Certain Commercial and Industrial Equipment: Appendix C to Subpart B of Part 431: Certification of Compliance with Energy Efficiency Standards for Electric Motors. DATES: Comments regarding this collection must be received on or before November 19, 2007. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, please advise the OMB Desk Officer of your intention to make a submission as soon as possible. The Desk Officer may be telephoned at
(202)395-4650. ADDRESSES: Written comments should be sent to: Desk Officer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Room 10102, 725 17th Street, NW., Washington, DC 20503. Also, comments should also be addressed to: Mr. James D. Raba, Building Technologies Program, EE-2J, Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Ave, SW., Washington, DC 20585-0121, or by fax at
(202)586-4617, or by e-mail at *jim.raba@ee.doe.gov* . Any comments submitted must identify the information collection for electric motors, and provide the docket number EERE-2007-BT-CRT-0009. Comments may be submitted using any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. *E-mail:* *appliance.information@ee.doe.gov* . Include the docket number in the subject line of your message. • *Postal Mail:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-2945. Please submit one signed paper original. • *Hand Delivery/Courier:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Room 1J-018, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Please submit one signed original paper copy. *Docket:* For access to the docket to read background documents or comments received, go to the U.S. Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC,
(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional information regarding visiting the Resource Room. Please note: DOE's Freedom of Information Reading Room (Room 1E-190 at the Forrestal Building) no longer houses rulemaking materials. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the information collection instrument and instructions should be directed to James Raba , U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., Washington, DC 20585-0121, telephone
(202)586-8654. E-mail: *jim.raba@ee.doe.gov* . Authority and Background Part C of Title III of the Energy Policy and Conservation Act, as amended, 42 U.S.C. 6291 *et seq.* ,
(EPCA)establishes energy efficiency standards and test procedures for certain industrial equipment, including electric motors. Further, EPCA states that, “the Secretary [of Energy] shall require manufacturers to certify” that each electric motor meets the applicable efficiency standards. 42 U.S.C. 6316(c). EPCA authorizes the Secretary to carry out this requirement, in part, by issuing the necessary rules requiring each manufacturer or private labeler of covered electric motors to submit information and reports to ensure compliance. 42 U.S.C. 6316(a). This directive is carried out under 10 CFR 431.36, Compliance Certification, which requires a manufacturer or private labeler to submit a compliance statement, as well as a certification report that provides energy efficiency information for each basic model of electric motor that it distributes in commerce in the United States. The compliance certification information collection request, at appendix C to subpart B of 10 CFR Part 431, provides a format for a manufacturer or private labeler to certify compliance with the applicable energy efficiency standards prescribed under section 342(b)(1) of EPCA, 42 U.S.C. 6313(b)(1), through an independent testing or certification program nationally recognized in the United States (EPCA 345(c), 42 U.S.C. 6316(c)). Compliance Certification information is used by DOE and United States Customs Service officials and facilitates voluntary compliance with and enforcement of the energy efficiency standards established for electric motors under EPCA 342(b)(1), 42 U.S.C. 6313(b)(1). SUPPLEMENTARY INFORMATION: Today's notice and information collection request pertains:
(1)OMB No.: 1910-5104.
(2)Collection Title: Title 10 Code of Federal Regulations Part 431—Energy Efficiency Program for Certain Commercial and Industrial Equipment: Subpart B—Electric Motors: Appendix C to Subpart B of Part 431—Compliance Certification.
(3)Type of Review: Renewal.
(4)Purpose: Regulations that, in part,
(1)Require the manufacturer of private labeler of certain commercial or industrial electric motors subject to energy efficiency standards prescribed under section 342(b) of EPCA to establish, maintain, and retain records of its test data and subsequent verification of any alternative efficiency determination method used under Part 431, and
(2)preclude distribution in commerce of any basic model of commercial or industrial electric motor which is subject to an energy efficiency standard set forth under subpart B of Part 431, unless it has submitted a Compliance Certification to DOE according to the provisions under 10 CFR 431.36, that the basic model meets the requirements of the applicable standard. This collection of information ensures compliance with the energy efficiency for certain commercial and industrial electric motors.
(5)Estimated Number of Respondents: 84.
(6)Estimated Total Burden Hours: 25,200 total hours requested (approximately 300 hours per manufacturer or private labeler).
(7)Number of Collections: The package contains one information and recordkeeping requirement. Comments are invited on:
(a)Whether the information collections are necessary for the proper performance of the functions of the DOE, including whether the information has practical utility;
(b)the accuracy of the DOE's estimate of the burden of the information collections, including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the information collections on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and included in the request for OMB review and approval of these information collections. The comments will also become a matter of public record. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). Issued in Washington, DC on September 4, 2007. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. E7-18275 Filed 9-17-07; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Docket No. EERE-2007-BT-WAV-0006] Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver From Daikin U.S. Corporation and Granting of the Application for Interim Waiver From the Department of Energy Residential Central Air Conditioner and Heat Pump Test Procedure [Case No. CAC-016] AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, granting of application for interim waiver, and request for comments. SUMMARY: This notice announces receipt of and publishes a Petition for Waiver from Daikin U.S. Corporation (Daikin). The Petition for Waiver (hereafter “Daikin Petition”) requests a waiver of the Department of Energy
(DOE)test procedures applicable to residential central air conditioners and heat pumps. The waiver request is specific to the Daikin Variable Refrigerant Volume VRV-II-S (residential) multi-split heat pumps and heat recovery systems. Through this document, DOE is:
(1)Soliciting comments, data, and information with respect to the Daikin Petition; and
(2)granting an Interim Waiver to Daikin from the DOE test procedure for residential central air conditioners and heat pumps. DATES: DOE will accept comments, data, and information with respect to the Daikin Petition until, but no later than October 18, 2007. ADDRESSES: You may submit comments, identified by case number [CAC-016], by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov* . Follow the instructions for submitting comments. • *E-mail: Michael.Raymond@ee.doe.gov* Include either the case number [CAC-016], and/or “Daikin Petition” in the subject line of the message. • *Mail:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-2945. Please submit one signed original paper copy. • *Hand Delivery/Courier:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Room 1J-018, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Please submit one signed original paper copy. *Instructions:* All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format, and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. Absent an electronic signature, comments submitted electronically must be followed and authenticated by submitting the signed original paper document. DOE does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy of such comments to the petitioner, pursuant to 10 CFR 430.27(d). The contact information for the petitioner is: Mr. Russell Tavolacci, Director of Product Marketing, Daikin U.S. Corporation, 1645 Wallace Drive, Suite 110, Carrollton, TX 75006. Telephone:
(972)245-1510. E-mail: *Russell.Tavolacci@daikinac.com.* 1 1 DOE notes that Daikin has updated the contact information provided in its initial petition. Accordingly, the information provided in the ADDRESSES section above should be used in lieu of the Daikin contact information cited in the company's original Petition for Waiver and Application for Interim Waiver (published following this notice). According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: one copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. *Docket:* For access to the docket to review the documents relevant to this matter, you may visit the U.S. Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC,
(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items:
(1)This notice;
(2)public comments received;
(3)the Petition for Waiver and Application for Interim Waiver; and
(4)prior DOE rulemakings regarding central air conditioners and heat pumps. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional information regarding visiting the Resource Room. Please note that DOE's Freedom of Information Reading Room (Room 1E-190 at the Forrestal Building) is no longer housing rulemaking materials. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-9611. E-mail: *Michael.Raymond@ee.doe.gov.* Francine Pinto or Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202)586-9507. E-mail: *Francine.Pinto@hq.doe.gov* or *Eric.Stas@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Authority II. Petition for Waiver III. Application for Interim Waiver IV. Alternate Test Procedure V. Summary and Request for Comments I. Background and Authority Title III of the Energy Policy and Conservation Act
(EPCA)sets forth a variety of provisions concerning energy efficiency. Part B of Title III establishes the “Energy Conservation Program for Consumer Products Other Than Automobiles.” (42 U.S.C. 6291-6309) This notice involves residential products under Part B, and the statute specifically includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. With respect to test procedures, Part B generally authorizes the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use, and estimated annual operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) Relevant to the current Petition for Waiver, the test procedures for residential central air conditioners and central air conditioning heat pumps are set forth in 10 CFR Part 430, Subpart B, Appendix M. Section 323 of EPCA provides that the Secretary of Energy may amend test procedures for consumer products if the Secretary determines that amended test procedures would more accurately reflect energy efficiency, energy use or estimated annual operating costs, and are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(1)(A) and (b)(3)) DOE's regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered products, for which the petitioner's basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). Petitioners must include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). Waivers generally remain in effect until final test procedure amendments become effective, thereby resolving the problem that instigated the Petition for Waiver. 10 CFR 430.27(m). The waiver process also permits parties petitioning DOE for a waiver to apply for an Interim Waiver from the prescribed test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an Interim Waiver request if it is determined that the applicant will experience economic hardship if the Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. 10 CFR 430.27(g). An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. 10 CFR 430.27(h). II. Petition for Waiver On December 9, 2005, Daikin filed a Petition for Waiver from the test procedures applicable to residential and commercial package air conditioning and heating equipment and an Application for Interim Waiver. The applicable test procedure for Daikin's residential VRV-II-S products is the DOE residential test procedure found in 10 CFR Part 430, Subpart B, Appendix M. For Daikin's commercial VRV-II-S products, the applicable test procedure is also the residential test procedure found in Appendix M, because the same test is used for single-phase products with capacities less than 65,000 Btu/h. Daikin seeks a waiver from the DOE test procedures on the grounds that the VRV-II-S Series multi-split heat pump and heat recovery systems contain design characteristics that prevent testing according to the current DOE test procedures. Specifically, Daikin asserts that the two primary factors that prevent testing of multi-split variable speed products, regardless of manufacturer, are the same factors stated in the waiver that DOE granted to Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) for a similar line of commercial multi-splits: • Testing laboratories cannot test products with so many indoor units. • There are too many possible combinations of indoor and outdoor units to test. 69 FR 52660, 52661 (August 27, 2004). Further, Daikin states that although the VRV-II-S product line fits within the scope of the applicable DOE residential test procedure, the basic design is not commensurate with the intent of the test procedures for the reasons that follow. In particular, the test procedure does not provide for: • The test procedure for a split system requires testing a combination of paired indoor and outdoor unit assemblies, but it does not include provisions for how the Daikin VRV-II-S product, with its thousands of indoor unit combinations, should be evaluated with just one outdoor unit test. • The test procedure requires testing matched assemblies, but the Daikin VRV-II-S product is designed to be used in zoned systems where the capacity of the indoor units installed does not necessarily match the capacity of the outdoor unit. • The Daikin VRV-II-S products are intended to be used in zoned systems where an outdoor unit can be connected with up to nine separated indoor units. Moreover, Daikin offers 83 indoor unit models. Each indoor unit is designed to be used with up to eight other indoor units, which may not be the same models, in combination with a single outdoor unit. Consequently, for each VRV-II-S outdoor unit, there could be thousands of possible combinations of indoor units that could be matched in a system configuration. Accordingly, Daikin requests that DOE grant a test procedure waiver for its VRV-II-S product designs, until a suitable test method can be prescribed. Furthermore, Daikin states that failure to grant the waiver would result in economic hardship because it would prevent the company from marketing its VRV-II-S products. Also, Daikin states that it is willing to work closely with DOE, the Air-Conditioning and Refrigeration Institute (ARI), and other agencies to develop appropriate test procedures, as necessary. III. Application for Interim Waiver On December 9, 2005, in addition to its Petition for Waiver, Daikin submitted to DOE an Application for Interim Waiver. Daikin's Application for Interim Waiver does not provide sufficient information to evaluate the level of economic hardship Daikin will likely experience if its Application for Interim Waiver is denied. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for a similar product design, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. DOE has previously granted Interim Waivers to Fujitsu and Samsung for comparable residential and commercial multi-split air conditioners and heat pumps. 70 FR 5980 (Feb. 4, 2005); 70 FR 9629 (Feb. 28, 2005), respectively. In addition, as noted above, DOE approved the Petition for Waiver from Mitsubishi for its comparable line of commercial multi-split air conditioners and heat pumps. 69 FR 52660 (August 27, 2004). The two prevailing reasons for granting these waivers also apply to Daikin's VRV-II-S products:
(1)Test laboratories cannot test products with so many indoor units 2 ; and
(2)it is impractical to test so many combinations of indoor units with each outdoor unit. Thus, DOE has determined that it is likely that Daikin's Petition for Waiver will be granted for its new VRV-II-S multi-split models. Hence, *It is ordered that:* 2 According to the Daikin petition, up to 17 indoor units are possible candidates for testing of its commercial multi-split air conditioners and heat pumps. However, DOE believes that the practical limits for testing would be about five units. The Application for Interim Waiver filed by Daikin is hereby granted for Daikin's VRV-II-S multi-split central air conditioners and central air conditioning heat pumps, subject to the specifications and conditions below. The Interim Waiver applies to the following models: 1. Daikin shall not be required to test or rate its VRV-II-S residential products on the basis of the currently applicable test procedure, which is set forth in 10 CFR Part 430, Subpart B, Appendix M; and 2. Daikin shall be required to test and rate its VRV-II-S products according to the alternate test procedure as set forth in section IV(3), “Alternate test procedure.” Outdoor Units, Heat Pump-type • RXYM4MVMT: 38,200 Btu/h cooling/ 42,600 Btu/h heating, single phase, 220 volts, 60 Hz • RXYM5MVMT: 47,700 Btu/h cooling/ 54,600 Btu/h heating, single phase, 220 volts, 60 Hz • RXYM6MVMT: 52,900 Btu/h cooling/ 61,400 Btu/h heating, single phase, 220 volts, 60 Hz Indoor units • FXC series, ceiling mounted cassette (double flow) type, FXC 20/25/32/40/50/63/80/125 • FXF series, ceiling mounted cassette (multi flow) type, FXF 25/32/40/50/63/80/100/125 • FXK series, ceiling mounted cassette (corner) type, FXK 25/32/40/63 • FXD series, slim above ceiling mounted ducted type, FXD 20/25/32/40/50/63 • FXYD series, low silhouette above ceiling mounted ducted type, FXYD 20/25/32/40/50 /63 • FXS series, built-in above ceiling mounted ducted type, FXS 20/25/32/40/50/63/80/100 /125 • FXM series, above ceiling mounted ducted type, FXM 40/50/63/80/100/125 • FXH series, ceiling suspended type, FXH 32/63/100 • FXA series, wall mounted type, FXA 20/25/32/40/50/63 • FXL series, floor standing console type, FXL 20/25/32/40/50/63 • FXN series, floor standing concealed type, FXN 20/25/32/40/50/63 This Interim Waiver is conditioned upon the presumed validity of statements, representations, and documentary materials provided by the petitioner. This Interim Waiver may be revoked or modified at any time upon a determination that the factual basis underlying the Petition for Waiver is incorrect, or DOE determines that the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. IV. Alternate Test Procedure In response to two recent Petitions for Waiver from Mitsubishi, DOE specified an alternate test procedure to provide a basis from which Mitsubishi could test and make valid energy efficiency representations for its R410A CITY MULTI products, as well as for its R22 multi-split products. The Mitsubishi petitions, including the alternate test procedure, were published in the **Federal Register** on April 9, 2007. 72 FR 17528, 17532. For similar reasons, DOE believes that alternate test procedures are necessary here. In general, DOE understands that existing testing facilities have a limited ability to test multiple indoor units at one time, and the number of possible combinations of indoor and outdoor units for some variable refrigerant flow zoned systems is impractical to test. We further note that subsequent to the waiver that DOE granted for Mitsubishi's R22 multi-split products, ARI formed a committee to discuss this issue and to work on developing an appropriate testing protocol for variable refrigerant flow systems. However, to date, no additional test methodologies have been adopted by the committee or submitted to DOE. Therefore, as discussed below, DOE is including an alternate test procedure as a condition in granting the Interim Waiver for Daikin's products, and plans to consider the same alternate test procedure in the context of the subsequent Decision and Order pertaining to Daikin's Petition for Waiver. Utilization of this alternative test procedure will allow Daikin to test and make energy efficiency representations for its VRV-II-S products. More broadly, DOE is also considering applying a similar alternate test procedure to other existing waivers for similar residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its multi-split products at 70 FR 9629 (Feb. 28, 2005), and Fujitsu's Petition for Waiver for its multi-split products at 70 FR 5980 (Feb. 4, 2005). Similarly, DOE is considering use of this alternate test procedure for other products of this type for which manufacturers seek waivers, until such time as the DOE test procedure has been updated appropriately. In the present case, DOE is modifying the alternate test procedure in the above-referenced waiver granted to Mitsubishi for the R410A CITY MULTI products, and plans to consider inclusion of the following similar waiver language in the Decision and Order for Daikin's VRV-II-S multi-split air conditioner and heat pump models:
(1)The “Petition for Waiver” filed by Daikin U.S. Corporation (Daikin) is hereby granted as set forth in the paragraphs below.
(2)Daikin shall not be required to test or rate its variable refrigerant volume multi-split air conditioner and heat pump products listed in section III, above, on the basis of the currently applicable test procedure, but shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph (3).
(3)*Alternate test procedure.*
(A)Daikin shall be required to test the products listed above according to the test procedures for central air conditioners and heat pumps prescribed by DOE at 10 CFR part 430, except that:
(i)Daikin shall not be required to comply with: The first sentence in 10 CFR 430.24(m)(2), which refers to “that combination manufactured by the condensing unit manufacturer likely to have the largest volume of retail sales;” and the third sentence in 10 CFR 430(m)(2), including the provisions of 10 CFR 430(m)(2)(i) and (ii). Instead of testing the combinations likely to have the highest volume of retail sales, Daikin may test a “tested combination” selected in accordance with the provisions of subparagraph
(B)of this paragraph. Additionally, instead of following the provisions of 10 CFR 430(m)(2)(i) and
(ii)for every other system combination using the same outdoor unit as the tested combination, Daikin shall make representations concerning the VRV-II-S products covered in this waiver according to the provisions of subparagraph
(C)below.
(ii)Daikin shall be required to comply with 10 CFR 430 Appendix M as amended in accordance with designated changes that are listed in the July 20, 2006 **Federal Register** notice. 71 FR 41320. These designated changes are with respect to the following test procedure sections: 2.1, 2.2.3, 2.4.1, 3.2.4 (including Table 6), 3.6.4 (including Table 12), 4.1.4.2, and 4.2.4.2.
(B)*Tested combination.* The term “tested combination” means a sample basic model comprised of units that are production units, or are representative of production units, of the basic model being tested. For the purposes of this waiver, the tested combination shall have the following features:
(i)The basic model of a variable refrigerant volume system used as a tested combination shall consist of an outdoor unit that is matched with between two and five indoor units.
(ii)The indoor units shall:
(a)Represent the highest sales volume type models;
(b)Together, have a capacity between 95 percent and 105 percent of the capacity of the outdoor unit;
(c)Not, individually, have a capacity greater than 50 percent of the capacity of the outdoor unit;
(d)Have a fan speed that is consistent with the manufacturer's specifications; and
(e)All have the same external static pressure.
(C)*Representations.* Daikin may make representations about the energy efficiency of its variable refrigerant volume multi-split air conditioner and heat pump products, for compliance, marketing, or other purposes, only to the extent that such representations are made consistent with the provisions outlined below:
(i)For multi-split combinations tested in accordance with this paragraph, Daikin may make representations based on these test results.
(ii)For multi-split combinations that are not tested, Daikin may make representations which are based on the testing results for the tested combination and which are consistent with either of the two following methods, except that only method
(a)may be used, if available:
(a)Representation of non-tested combinations according to an alternative rating method approved by DOE; or
(b)Representation of non-tested combinations at the same energy efficiency level as the tested combination with the same outdoor unit. V. Summary and Request for Comments Through today's notice, DOE announces receipt of Daikin's Petition for Waiver from the test procedures applicable to Daikin's VRV-II-S multi-split air conditioner and heat pump products, and for the reasons articulated above, DOE is granting Daikin an Interim Waiver from those procedures. As part of this notice, DOE is publishing Daikin's Petition for Waiver in its entirety. The Petition contains no confidential information. Furthermore, today's notice includes an alternate test procedure that Daikin is required to follow as a condition of the Interim Waiver and which DOE is considering including in its subsequent Decision and Order. In this alternate test procedure, DOE is defining a “tested combination” which Daikin could use in lieu of testing all retail combinations of its VRV-II-S multi-split air conditioner and heat pump products. Furthermore, should a subsequent manufacturer be unable to test all retail combinations, DOE is considering allowing such manufacturers to rate waived products according to an alternate rating method approved by DOE, or to rate waived products the same as that for the specified tested combination. DOE is also considering applying a similar alternate test procedure to other comparable Petitions for Waiver for residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its DVM products at 70 FR 9629 (Feb. 28, 2005), and Fujitsu's Petition for Waiver for its Airstage variable refrigerant flow products at 70 FR 5980 (Feb. 4, 2005). DOE is interested in receiving comments on the issues addressed in this notice. Pursuant to 10 CFR 430.27(d), any person submitting written comments must also send a copy of such comments to the petitioner, whose contact information is included in the ADDRESSES section above. Issued in Washington, DC, on September 4, 2007. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. December 13, 2005 Hon. Douglas Faulkner, Acting Assistant Secretary for Energy Efficiency and Renewable Energy, Department of Energy 1000 Independence Ave., SW., Washington, DC. Re: Petition for Waiver of Test Procedures and Application for Interim Waiver for Daikin's “VRV-II-S” variable refrigerant volume multi-split heat pumps Dear Assistant Secretary Faulkner: Daikin U.S. Corporation
(DUS)respectfully submits this document as our Petition for Waiver of Test Procedure and Application for Interim Waiver of Test Procedure applicable to our VRV-II-S product offering to the Department of Energy
(DOE)for review and approval. This petition is submitted pursuant to the provisions of 10 CFR 431.29 on the grounds that the basic models addressed herein contain design characteristics which prevent testing according to prescribed procedures. This petition is being requested specifically for Daikin's VRV-II-S multi-split heat pump system incorporating variable speed compressor technology, variable refrigerant flow and multiple zoning capabilities. There are two primary factors that prevent the testing of multi-split variable speed product regardless of manufacturer which are: • Testing laboratories cannot test products with so many indoor units. • There are too many possible combinations of indoor and outdoor units to test. The existing test standard that most closely relates to such product is ARI 210/240 (2003). I. Background Daikin Industries Limited is a leading manufacturer of variable speed and Variable Refrigerant Volume
(VRV)zoning systems which are offered for sale by DUS in the North American market. These products combine advanced technologies such as high efficiency variable speed compressors and fan motors along with electronic expansion valves and other devices to insure peak operating performance of the overall system. The systems are applied in both commercial and residential applications whereas zoning is applied to provide users with peak utility of the system and energy savings. The capacity of this DUS product offering ranges from 38,200 BTU/Hr to 52,900 BTU/Hr. Our product offering (VRV-II-S) shares many of the same design and characteristic features as that of the City Multi product manufactured and distributed by Mitsubishi Electric and Electronics USA, Inc. (MEUS), of which DOE has granted a waiver as described in the Federal Register/Vol. 69, No. 166/Friday, August 27, 2004/Notices, page 52,660. DOE granted MEUS' petition for waiver on the basis that
(1)testing laboratories cannot test products with so many indoor units, and
(2)there are too many possible combinations of indoor and outdoor units to test, therefore preventing testing of the basic models according to prescribed test procedures. The VRV-II-S also shares many of the same design characteristics as that of the DVM product offered by Samsung Air Conditioning, of which DOE granted an interim waiver on February 28, 2005. An additional problem that prevents testing is the wide variety of indoor unit static pressure ratings available with these and other multi-split products. Testing facilities cannot effectively control multiple indoor static pressures that would be required with many of the indoor unit combinations available. To accomplish such testing a large number of test rooms would need to be utilized simultaneously, networked with data recording instrumentation and extensive piping configurations would need to be routed throughout the various test rooms. Obviously this process would be cost and time prohibitive. Daikin's VRV-II-S product offering consists of multiple indoor units being connected to an outdoor unit. Indoor units for these products are available in Ducted (with many different indoor static pressure ratings as standard), 4-Way Cassette, Wall Mounted, Ceiling Suspended, Floor Standing and other models. There are thousands of possible combinations with this current product offering. II. Design Characteristics Daikin developed the “VRV-II-S” to respond to the needs of a truly energy efficient, easy to design and install air conditioning system that is also flexible, reliable and user friendly and capable to provide real zoning to residences, small offices and shops. Daikin has incorporated comprehensive cutting-edge technologies into the “VRV-II-S,” and the results are quieter operation, smaller units, and simpler maintenance with higher efficiencies. These compact 38,200 (4 HP); 47,700 (5 HP) and 52,900 (6 HP) BTU/h Variable Refrigerant Volume
(VRV)multi-split systems consist of one outdoor unit, using a Reluctance DC scroll compressor with a sine wave DC inverter with truly variable refrigerant volume capacity serving multiple indoor units through a single piping set of gas and liquid lines and using headers or 'Refnets' for refrigerant distribution and electronic expansion valves. The “VRV-II-S” system enables a single outdoor unit to connects with up to 6 indoor units for the 4HP model; with up to 8 indoor units for the 5 HP model and with up to 9 indoor units for the 6 HP model. The indoor units can be selected from 13 types with 83 models (included in item IV of this application), giving these systems thousands of possible installation combinations. The operation control system allows each indoor unit to have different set temperatures and different modes of operation. The Reluctance DC scroll compressor and the sine wave inverter maintain compressor operation at optimum performance allowing it to precisely match the cooling or heating load demand of the conditioned areas. The Reluctance DC scroll compressor is capable of slowing down to an operating capacity as little as 30% of its rated capacity and accelerating to up to 150% of its rated capacity allowing ti to install up to 130% indoor unit capacity to the outdoor unit capacity. Grounds for the Petition Daikin seeks a waiver from the test procedures applicable to central air conditioners and heat pumps under Title III of the Energy Policy and Conservation Act (EPCA), Part B of Title III (42 U.S.C. 6291-6309) Energy Conservation Program for Consumer Products other than Automobiles and 10 CFR 430 Energy Conservation Program for Consumer Products and Part C of Title III (42 U.S.C. 6311-6317) Energy Efficiency of Industrial Equipment and 10 CFR 431 Energy Efficiency Program for Certain Commercial and Industrial Equipment. In particular, Daikin seeks a waiver from the currently applicable test procedure provided in 10 CFR 430.23(m) central air conditioners and heat pumps and 10 CFR 430, Appendix M to Subpart B Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps. III. Specific Requirements Sought to be Waived and the Need for the Waiver Daikin seeks a waiver from the applicable test procedures for “VRV-II-S,” because the current test procedures would evaluate “VRV-II-S” in a manner completely unrepresentative of its true energy consumption as to provide materially inaccurate competitive data. Below are the details of the two main reasons:
(1)Specified test procedures for a split system call for testing a combination of paired indoor and outdoor unit assemblies for typical split systems to be tested together, but it does not include provisions on how the “VRV-II-S” with thousands of indoor unit combinations is to be evaluated with just one outdoor unit test. Test procedures for typical multi-split central air conditioning and heat pump systems (a combination of one outdoor unit and up to five indoor units) calls for all the indoor units operating at full capacity. This type of test, even though limited, can be impractical for these types of products since it is possible to match a defined standard combination of indoor units to one outdoor unit. “VRV-II-S” does not have a standard representative combination of outdoor and indoor units for testing. “VRV-II-S” products are intended to be used in zoning systems where an outdoor unit can be connected from up to 9 separated indoor units in a zoned system. Moreover, we offer 83 indoor unit models. Each of these indoor unit models is designed to be used together with up to 8 other indoor units, which may not be the same models, in combination with a single outdoor unit. In other words, for each “VRV-II-S” outdoor unit there are thousands of possible combinations of indoor units that can be matched in a system configuration. The current test procedure provides no direction for determining what combinations of outdoor unit and indoor units shall be tested for a variable refrigerant volume system. While a test procedure using a given number of indoor units (4, 5, 6 or more) whose total capacity matches that of the outdoor unit may be considered, the results will not entirely represent the system's true energy consumption characteristics. Because such a test procedure sets a condition to the ratings based on one test combination among thousands of possible combinations, they do not represent all system combinations and consumers may misread true energy consumption if their system configuration differs from the tested configuration. At the same time, it will be unduly burdensome for us to conduct tests of each possible combination and extremely impracticable. Therefore, the test procedure does not contemplate, and cannot practically be applied to Daikin's “VRV-II-S” consisting of multiple assemblies that are intended to be used in a very large number of different combinations.
(2)The test procedure calls for testing ‘matched assemblies,’ but “VRV-II-S” is designed to be used in zoning systems where the capacity of the indoor units installed does not necessarily match the capacity of the outdoor unit. In a typical split system the indoor and outdoor units are balanced and the capacity of the outdoor unit is equivalent to the capacity of the indoor unit. However, with “VRV-II-S” the sum of the capacity of the indoor units can be from 50% to 130% of the capacity of the outdoor unit. Such imbalanced combination of indoor units and outdoor units are possible because of the zoning and electronic controls characteristics of the system. For example, the use of electronic controls, electronic expansion valves and inverter driven scroll compressors allow the system to precisely control the volume of refrigerant needed in each of the indoor units in accordance with the particular load and set points of that indoor unit. This is possible because of the advanced control system utilizing digital communication between all the components of the system for overall system control. The test procedure specified in 10 CFR 430.23(m) is for matched assemblies and does not address testing for substantially unbalanced systems. For these reasons, the existing test procedures would evaluate “VRV-II-S” in a manner so unrepresentative of its true energy consumption as to result in materially inaccurate competitive data. It was only recently that variable refrigerant volume systems were introduced into the United States market. Previous and current test procedures have not been developed for these products that would reflect their real energy consumption and their extraordinary efficiency as of this date. But, without a waiver of the test procedures for variable refrigerant volume systems like “VRV-II-S,” we will be at a competitive disadvantage in the market and consumers will be deprived of using this remarkably efficient technology. In accordance with 42 U.S.C. 6293(c) and 42 U.S.C. 6314(d) of EPCA if there is an acceptable test procedure for a covered product, the manufacturer is prohibited from making representations about the energy consumption of its equipment unless the equipment has been tested in accordance with such test procedures and the representation fairly discloses the result of the testing. Therefore Daikin is at a disadvantage in our ability to provide information on energy consumption of the “VRV-II-S” to our customers. IV. Identification of the Basic Models Daikin seeks a waiver from the test procedures for “VRV-II-S,” variable refrigerant volume multi-split heat pump systems, listed below: Outdoor unit, Heat Pump type • RXYM4MVMT; 38,200 BTU/h cooling/ 42,600 BTU/h heating, single phase, 220 Volts, 60 Hz • RXYM5MVMT; 47,700 BTU/h cooling/ 54,600 BTU/h heating, single phase, 220 Volts, 60 Hz • RXYM6MVMT; 52,900 BTU/h cooling/ 61,400 BTU/h heating, single phase, 220 Volts, 60 Hz Indoor units • FXC series, Ceiling mounted cassette (double flow) type, FXC 20/25/32/40/50/63/80/125 • FXF series, Ceiling mounted cassette (multi flow) type, FXF 25/32/40/50/63/80/100/125 • FXK series, Ceiling mounted cassette (corner) type, FXK 25/32/40/63 • FXD series, Slim above ceiling mounted ducted type, FXD 20/25/32/40/50/63 • FXYD series, Low silhouette above ceiling mounted ducted type, FXYD 20/25/32/40/50/63 • FXS series, Built-in above ceiling mounted ducted type, FXS 20/25/32/40/50/63/80/100/125 • FXM series, Above ceiling mounted ducted type, FXM 40/50/63/80/100/125 • FXH series, Ceiling suspended type, FXH 32/63/100 • FXA series, Wall mounted type, FXA 20/25/32/40/50/63 • FXL series, Floor standing console type, FXL 20/25/32/40/50/63 • FXN series, Floor standing concealed type, FXN 20/25/32/40/50/63 Note: All the above series have engineering differences among the series. IV. Identification of the Manufacturers of All Other Basic Models At the present time Variable refrigerant volume
(flow)multi-split air conditioning and heat pumps are proposed in the United States by Mitsubishi Electric and Electronics USA Inc., Samsung Electronic Company, Ltd. and Fujitsu General Limited, the first two companies apply most of their products to commercial and industrial use; Fujitsu's “Airstage” system is applied in residential and commercial use. (Fujitsu filed FR Doc. 05-2184 on 2-3-05 for a waiver for a similar product) V. Alternate Test Procedures There are no alternative test procedures available within the United States that provide a means to test and to rate the performance of such variable speed, multi-split, multi-zone product types. The Engineering Committee of ARI's Ductless Section is actively working to evaluate and develop possible methods to provide testing and rating of such systems. Daikin is involved in this project in an effort to speed the process. VI. Manufacturers of Similar Models Incorporating the Same Design Characteristics Manufacturers of similar product within the United States market are: • Samsung Electronics Co., Ltd. • Sanyo Fisher
(USA)Corp. • Mitsubishi Electric & Electronics USA, Inc. • Fujitsu General America • LG Electronics USA, Inc. VII. Application for Interim Waiver Under the direction of 10 CFR 431.29, Daikin U.S. Corporation also submits this document as an Application for Interim Waiver of Test Procedures applicable to the VRV-II-S models as listed previously. Such approval of Interim Waiver will provide Daikin with an opportunity to compete in the market during which time DOE reviews our Petition for Waiver of Test Procedure for the VRV-II-S product. Daikin U.S. believes that there is a high likelihood of success that our Petition for Waiver will be approved based on the grounds that DOE has issued a Waiver from Test Standards for product that is very similar in design and operation to that of the VRV-II-S product. Such approvals are evidenced as follows: • DOE has issued a Waiver from Test Standards for product of very similar characteristics: ○ City Multi product marketed by Mitsubishi Electric & Electronics USA, Inc., as approved in the **Federal Register** /Vol. 69, No. 166/Friday, August 27, 2004/Notices, page 52,660. • DOE has issued an Interim Waiver from Test procedures to Samsung on February 28, 2005. • Testing laboratories cannot test products with so many indoor units. • There are too many possible combinations of indoor and outdoor units to test. Failure to approve such Interim Waiver from Test Procedure will inhibit Daikin's ability to compete in the marketplace even though our VRV-II-S product has the same basic design characteristics as that of other manufacturers currently under waiver. The VRV-II-S models, for which this Interim Waiver is requested, comprise a significant portion of our total product offering. An inability to market such products would result in an economic hardship due to lost revenue and breadth of product offering available to attract customers. VIII. Conclusion Daikin seeks a waiver of current test procedures established in 10 CFR 430.23(m) Central Air Conditioners and Heat Pumps (including the new version published in the **Federal Register** dated October 11, 2005 [Docket No. EE-RM/TP-97-440] RIN 1904-AA46) and 10 CFR 430.27 Appendix M to Subpart B Uniform Test Method for Measuring the Energy Consumption of Central Air Conditioners and Heat Pumps for Residential Uses and ARI 210/240 (1989), ARI 210/240
(1994)and ARI 210/240
(2003)for commercial uses. This is necessary because the test procedures in use and approved evaluate the basic models in a manner that is not representative of the true energy consumption characteristics of the “VRV-II-S.” Using such test methods as those outlined in ARI 210/240 will result in materially inaccurate competitive data. As ruled in the **Federal Register** (page 52,660, Vol. 69, no. 166/Friday, August 27, 2004/Notices) DOE has previously concluded that the testing of product with the same design characteristics of Daikin's VRV-II-S product is not feasible under currently established test methods as a result of: • “Test laboratories cannot test products with so many indoor units” • “And there are too many possible combinations of indoor and outdoor units to test.” Daikin U.S. Corporation respectfully asks the Department of Energy to recognize the technologies incorporated into this advanced heating and cooling product and allow us to market such product by granting our request for waiver. Daikin will work with stakeholders, U.S. Department of Energy, Air Conditioning and Refrigeration Institute, the American Society of Heating, Refrigeration and Air-Conditioning Engineers, Inc. and others, through the process of developing test procedures suitable for products using variable refrigerant volume
(flow)systems. Failure to receive such waiver or exemption from test standards would prevent Daikin U.S. from marketing our products even though DOE has previously granted waiver for other products currently in the market with similar design characteristics. We would be pleased to respond to any questions you may have regarding this Petition for Waiver of Test Procedure. Please direct such questions or comments to Raul Esparza, Vice President of Latin American Operations at 305-596-4344 or by email at *raul.esparza@daikinac.com.* Sincerely, Yoshinobu Inoue, *President, Daikin U.S. Corporation, 475 Fifth Avenue, 18th Floor, New York, NY 10017.* [FR Doc. E7-18340 Filed 9-17-07; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Docket No. EERE-2007-BT-WAV-0011] Energy Conservation Program for Consumer Products: Publication of the Petition for Waiver From LG Electronics and Granting of the Application for Interim Waiver From the Department of Energy Residential Central Air Conditioner and Heat Pump Test Procedure [Case No. CAC-014] AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of Petition for Waiver, granting of Application for Interim Waiver, and request for comments. SUMMARY: This notice announces receipt of and publishes a Petition for Waiver from LG Electronics USA, Inc. (LG). This Petition for Waiver (hereafter “LG Petition”) requests a waiver of the Department of Energy
(DOE)test procedures applicable to residential central air conditioners and heat pumps. The waiver request is specific to LG's variable refrigerant flow multi-split heat pumps. Through this document, DOE is:
(1)Soliciting comments, data, and information with respect to the LG Petition; and
(2)granting an Interim Waiver to LG from the DOE test procedure for residential central air conditioners and heat pumps. DATES: DOE will accept comments, data, and information with respect to the LG Petition until, but no later than October 18, 2007. ADDRESSES: You may submit comments, identified by case number CAC-014, by any of the following methods: • *Federal eRulemaking Portal: http://www.regulations.gov.* Follow the instructions for submitting comments. • *E-mail:* *Michael.Raymond@ee.doe.gov* . Include either “case number CAC-014,” and/or “LG Petition” in the subject line of the message. • *Mail:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-2945. Please submit one signed original paper copy. • *Hand Delivery/Courier:* Ms. Brenda Edwards-Jones, U.S. Department of Energy, Building Technologies Program, Room 1J-018, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Please submit one signed original paper copy. *Instructions:* All submissions received must include the agency name and case number for this proceeding. Submit electronic comments in WordPerfect, Microsoft Word, Portable Document Format (PDF), or text (American Standard Code for Information Interchange (ASCII)) file format and avoid the use of special characters or any form of encryption. Wherever possible, include the electronic signature of the author. Absent an electronic signature, comments submitted electronically must be followed and authenticated by submitting the signed original paper document. DOE does not accept telefacsimiles (faxes). Any person submitting written comments must also send a copy of such comments to the petitioner, pursuant to 10 CFR 430.27(d). The contact information for the petitioner is: Mr. Richard Donner, Product Planning Manager, North America Product Planning Group, LG Electronics USA, Inc., 2000 Millbrook Drive, Lincolnshire, IL 60069. Telephone:
(201)906-9878. Fax:
(847)941-8340. E-mail: *rdonner@lge.com.* According to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: One copy of the document including all the information believed to be confidential, and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. *Docket:* For access to the docket to review the documents relevant to this matter, you may visit the U.S. Department of Energy, Forrestal Building, Room 1J-018 (Resource Room of the Building Technologies Program), 1000 Independence Avenue, SW., Washington, DC,
(202)586-2945, between 9 a.m. and 4 p.m., Monday through Friday, except Federal holidays. Available documents include the following items:
(1)This notice;
(2)public comments received;
(3)the Petition for Waiver and Application for Interim Waiver; and
(4)prior DOE rulemakings regarding central air conditioners and heat pumps. Please call Ms. Brenda Edwards-Jones at the above telephone number for additional information regarding visiting the Resource Room. Please note that DOE's Freedom of Information Reading Room (Room 1E-190 at the Forrestal Building) is no longer housing rulemaking materials. FOR FURTHER INFORMATION CONTACT: Dr. Michael G. Raymond, U.S. Department of Energy, Building Technologies Program, Mail Stop EE-2J, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Telephone:
(202)586-9611. E-mail: *Michael.Raymond@ee.doe.gov.* Francine Pinto or Eric Stas, U.S. Department of Energy, Office of the General Counsel, Mail Stop GC-72, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585-0103. Telephone:
(202)586-9507. E-mail: *Francine.Pinto@hq.doe.gov or Eric.Stas@hq.doe.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background and Authority II. Petition for Waiver III. Application for Interim Waiver IV. Alternate Test Procedure V. Summary and Request for Comments I. Background and Authority Title III of the Energy Policy and Conservation Act
(EPCA)sets forth a variety of provisions concerning energy efficiency. Part B of Title III establishes the “Energy Conservation Program for Consumer Products Other Than Automobiles.” (42 U.S.C. 6291-6309) This notice involves residential products under Part B, and the statute specifically includes definitions, test procedures, labeling provisions, energy conservation standards, and the authority to require information and reports from manufacturers. With respect to test procedures, Part B generally authorizes the Secretary of Energy (the Secretary) to prescribe test procedures that are reasonably designed to produce results which reflect energy efficiency, energy use, and estimated operating costs, and that are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) Relevant to the current Petition for Waiver, the test procedures for residential central air conditioners and central air-conditioning heat pumps are set forth in 10 CFR Part 430, Subpart B, Appendix M. Section 323 of EPCA provides that the Secretary of Energy may amend test procedures for consumer products if the Secretary determines that amended test procedures would more accurately reflect energy efficiency, energy use or estimated annual operating costs, and are not unduly burdensome to conduct. (42 U.S.C. 6293(b)(1)(A) and (b)(3)) DOE's regulations contain provisions allowing a person to seek a waiver from the test procedure requirements for covered products, for which the petitioner's basic model contains one or more design characteristics that prevent testing according to the prescribed test procedures, or when the prescribed test procedures may evaluate the basic model in a manner so unrepresentative of its true energy consumption as to provide materially inaccurate comparative data. 10 CFR 430.27(a)(1). Petitioners must include in their petition any alternate test procedures known to evaluate the basic model in a manner representative of its energy consumption. 10 CFR 430.27(b)(1)(iii). The Assistant Secretary for Energy Efficiency and Renewable Energy (the Assistant Secretary) may grant the waiver subject to conditions, including adherence to alternate test procedures. 10 CFR 430.27(l). Waivers generally remain in effect until final test procedure amendments become effective, thereby resolving the problem that instigated the Petition for Waiver. 10 CFR 430.27(m). The waiver process also permits parties petitioning DOE for a waiver to apply for an Interim Waiver from the prescribed test procedure requirements. 10 CFR 430.27(a)(2). The Assistant Secretary will grant an Interim Waiver request if it is determined that the applicant will experience economic hardship if the Interim Waiver is denied, if it appears likely that the Petition for Waiver will be granted, and/or the Assistant Secretary determines that it would be desirable for public policy reasons to grant immediate relief pending a determination on the Petition for Waiver. 10 CFR 430.27(g). An Interim Waiver remains in effect for a period of 180 days or until DOE issues its determination on the Petition for Waiver, whichever is sooner, and may be extended for an additional 180 days, if necessary. 10 CFR 430.27(h). II. Petition for Waiver On December 28, 2005, LG filed a Petition for Waiver from the test procedures applicable to residential central air conditioners and central air-conditioning heat pumps and an Application for Interim Waiver, related to numerous models listed in Appendix A of LG's petition. The applicable test procedure for LG's residential products is the DOE residential test procedure found in 10 CFR Part 430, Subpart B, Appendix M. LG seeks a waiver from the DOE test procedure because, LG asserts, its line of variable refrigerant flow multi-split air conditioners and heat pumps would be evaluated in a manner unrepresentative of their true energy consumption characteristics. According to LG, such evaluation under the existing test procedure would “provide materially inaccurate comparative data,” due in part to potential barriers arising from “design characteristics that prevent testing of the basic models according to the prescribed test procedures.” As described below, the primary problem is the large number of combinations of indoor and outdoor units potentially subject to testing. By way of background, an LG multi-split product consists of one outdoor unit, using a scroll or rotary type compressor with variable capacity, which can connect to multiple indoor units and that uses variable refrigerant flow and control systems. The multi-split product is intended to be used in zoned systems where an outdoor unit can be connected with up to eight separate indoor units, which need not be the same models. These operating characteristics allow each indoor unit to have a different set temperature and a different mode of operation (i.e., on/off/fan). All the indoor units are capable of operating independently, each with its own temperature and fan setting. Subject to these controls, the outdoor unit will determine the cooling or heating capacity delivered into the zones. LG offers 70 indoor models (35 heat pump-type indoor units and 35 cooling-only type indoor units) and 40 outdoor models (20 heat pump-type indoor units and 20 cooling-only type indoor units). Each central air conditioner outdoor unit can be matched with up to 35 different cooling-only indoor units. Likewise, each central air-conditioning heat pump outdoor unit can be matched with up to 35 heat pump indoor units. Further, an outdoor unit can be connected with up to eight separate indoor units. Thus, for each outdoor unit, there are many possible combinations of indoor units that can be used in a system configuration, and given that there are 40 outdoor units, LG argues that it would be impractical to test the multitude of possible combinations for the LG multi-split line of products. Accordingly, LG requests that DOE grant a test procedure waiver for its variable refrigerant flow multi-split product designs until a suitable test method can be prescribed. Furthermore, LG states that failure to grant the waiver would result in economic hardship because it would prevent the company from marketing its variable refrigerant flow multi-split products. Also, LG states that it is willing to work closely with DOE, the Air-Conditioning and Refrigeration Institute (ARI), and other agencies to develop appropriate test procedures, as necessary. III. Application for Interim Waiver On December 28, 2005, in addition to its Petition for Waiver, LG submitted to DOE an Application for Interim Waiver. LG's Application for Interim Waiver does not provide sufficient information to evaluate the level of economic hardship LG will likely experience if its Application for Interim Waiver is denied. However, in those instances where the likely success of the Petition for Waiver has been demonstrated, based upon DOE having granted a waiver for a similar product design, it is in the public interest to have similar products tested and rated for energy consumption on a comparable basis. DOE has previously granted Interim Waivers to Fujitsu and Samsung for comparable residential and commercial multi-split air conditioners and heat pumps. 70 FR 5980 (Feb. 4, 2005); 70 FR 9629 (Feb. 28, 2005), respectively. In addition, DOE approved the Petition for Waiver from Mitsubishi Electric & Electronics USA, Inc. (Mitsubishi) for its comparable line of commercial multi-split air conditioners and heat pumps. 69 FR 52660 (August 27, 2004). The two prevailing reasons for granting these waivers also apply to LG's variable refrigerant flow multi-split products:
(1)Test laboratories cannot test products with so many indoor units 1 ; and
(2)it is impractical to test so many combinations of indoor units with each outdoor unit. Thus, DOE has determined that it is likely that LG's Petition for Waiver will be granted for its new variable refrigerant flow multi-split models. Hence, it is ordered that: 1 According to the LG petition, up to eight indoor units may be connected to its multi-split air conditioners and heat pumps and would accordingly be possible candidates for testing (out of an even greater number of potential indoor units). However, DOE believes that the practical limits for testing would be about five units. The Application for Interim Waiver filed by LG is hereby granted for LG's new variable refrigerant flow multi-split central air conditioners and central air-conditioning heat pumps, subject to the specifications and conditions below. 1. LG shall not be required to test or rate its variable refrigerant flow multi-split residential products on the basis of the currently applicable test procedure, which is set forth in 10 CFR Part 430, Subpart B, Appendix M; and 2. LG shall be required to test and rate its variable refrigerant flow multi-split products according to the alternate test procedure as set forth in section IV (3), “Alternate test procedure,” of today's notice. The Interim Waiver applies to the following models: Heat Pump Type *Indoor Units:* AMNH073LQ*0, AMNH093LQ*0, AMNH093LR*0, AMNH093D4*0, AMNH123LR*0, AMNH183LT*0, AMNH243LT*0, AMNH093DE*0, AMNH073DZ*0, AMNHDU93*0, AMNH123DEM0, AMNH123DU*0, AMNH183D3*0, AMNH243D3*0, AMNH093AP*0, AMNH093AP*1, AMNH123AP*0, AMNH123AP*1, AMNH093TC*0, AMNH123TC*0, AMNH093TE*0, AMNH123TE*0, AMNH183TE*0, AMNH243TF*0, AMNH093BP*0, AMNH123BP*0, AMNH093BT*0, AMNH126BT*0, AMNH183BT*0, AMNH183BH*0, AMNH243BH*0, AMNH093VE*0, AMNH123VE*0, AMNH183VB*0, AMNH243VB*0 *Outdoor Units:* A2UW143FA0, A2UW143FA1, A2UW143FA2, A2UW163FA0, A2UW163FA1, A2UW183FA0, A3UW183FA0, A3UW183FA1, A3UW243FA0, A4UW243FA0, A4UW243FA1, A4UW303FA0, A6UW403FA0, A7UW483FA0, A8UW563FA0, A2UH143FA0, A2UH183FA0, A2UH303FA0, A2UH243FA0, A3UH363FA0 Cooling-Only Type *Indoor Units:* AMNC073LQ*0, AMNC093LQ*0, AMNC093LR*0, AMNC093D4A*0, AMNC123LR*0, AMNC183LT*0, AMNC243LT*0, AMNC073DZ*0, AMNC093DU*0, AMNC123DU*0, AMNC123DEM0, AMNC183D3*0, AMNC243D3*0, AMNC093DE*0, AMNC093AP*0, AMNC093AP*1, AMNC123AP*0, AMNC123AP*1, AMNC093TC*0, AMNC123TC*0, AMNC093TE*0, AMNC123TE*0, AMNC183TE*0, AMNC243TF*0, AMNC093BP*0, AMNC123BP*0, AMNC093BT*0, AMNC126BT*0, AMNC183BT*0, AMNC183BH*0, AMNC243BH*0, AMNC093VE*0, AMNC123VE*0, AMNC183VB*0, AMNC243VB*0 *Outdoor Units:* A2UQ143FA0, A2UQ143FA1, A2UQ143FA2, A2UQ163FA0, A2UQ163FA1, A2UQ183FA0, A3UQ183FA0, A3UQ183FA1, A3UQ243FA0, A4UQ243FA0, A4UQ243FA1, A4UQ303FA0, A6UQ403FA0, A7UQ483FA0, A8UQ563FA0, A2UC143FA0, A2UC183FA0, A4UC303FA0, A2UC243FA0, A3UC363FA0 This Interim Waiver is conditioned upon the presumed validity of statements, representations, and documentary materials provided by the petitioner. This Interim Waiver may be revoked or modified at any time upon a determination that the factual basis underlying the Petition for Waiver is incorrect, or DOE determines that the results from the alternate test procedure are unrepresentative of the basic models' true energy consumption characteristics. IV. Alternate Test Procedure In response to two recent Petitions for Waiver from Mitsubishi, DOE specified an alternate test procedure to provide a basis from which Mitsubishi could test and make valid energy efficiency representations for its R410A CITY MULTI products, as well as for its R22 multi-split products. The Mitsubishi Decision and Order, including the alternate test procedure, were published in the **Federal Register** on April 9, 2007. 72 FR 17528, 17531. For similar reasons, DOE believes that alternate test procedures are necessary here. In general, DOE understands that existing testing facilities have a limited ability to test multiple indoor units at one time, and the number of possible combinations of indoor and outdoor units for some variable refrigerant flow zoned systems is impractical to test. We further note that subsequent to the waiver that DOE granted for Mitsubishi's R-22 multi-split products, ARI formed a committee to discuss this issue and to work on developing an appropriate test protocol for variable refrigerant flow systems. However, to date, no additional test methodologies have been adopted by the committee or submitted to DOE. Therefore, as discussed below, DOE is including an alternate test procedure as a condition in granting the Interim Waiver for LG's products, and plans to consider the same alternate test procedure in the context of the subsequent Decision and Order pertaining to LG's Petition for Waiver. Utilization of this alternate test procedure will allow LG to test and make energy efficiency representations regarding its above-discussed products. More broadly, DOE is also considering applying a similar alternate test procedure to other existing waivers for similar residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its multi-split products at 70 FR 9629 (Feb. 28, 2005), and Fujitsu's Petition for Waiver for its multi-split products at 70 FR 5980 (Feb. 4, 2005). Similarly, DOE is considering use of this alternate test procedure for other products of this type for which manufacturers seek waivers, until such time as the DOE test procedure has been updated appropriately. In the present case, DOE is modifying the alternate test procedure in the above-referenced waiver granted to Mitsubishi for the R-410A CITY MULTI products, and plans to consider inclusion of the following similar waiver language in the Decision and Order for LG's variable refrigerant flow multi-split air conditioner and heat pump models:
(1)The “Petition for Waiver” filed by LG Electronics USA, Inc.
(LG)is hereby granted as set forth in the paragraphs below.
(2)LG shall not be required to test or rate its variable refrigerant flow multi-split air conditioner and heat pump products listed in section III, above, on the basis of the currently applicable test procedure, but shall be required to test and rate such products according to the alternate test procedure as set forth in paragraph (3).
(3)*Alternate test procedure.*
(A)LG shall be required to test the products listed above according to the test procedures for central air conditioners and heat pumps prescribed by DOE at 10 CFR Part 430, except that:
(i)LG shall not be required to comply with: The first sentence in 10 CFR 430.24(m)(2), which refers to “that combination manufactured by the condensing unit manufacturer likely to have the largest volume of retail sales;” and the third sentence in 10 CFR 430(m)(2), including the provisions of 10 CFR 430(m)(2)(i) and (ii). Instead of testing the combinations likely to have the highest volume of retail sales, LG may test a “tested combination” selected in accordance with the provisions of subparagraph
(B)of this paragraph. Additionally, instead of following the provisions of 10 CFR 430(m)(2)(i) and
(ii)for every other system combination using the same outdoor unit as the tested combination, LG shall make representations concerning the variable refrigerant flow multi-split products covered in this waiver according to the provisions of subparagraph
(C)below.
(ii)LG shall be required to comply with 10 CFR 430 Appendix M as amended in accordance with designated changes that are set forth in the July 20, 2006 **Federal Register** notice. 71 FR 41320. These designated changes are with respect to the following test procedure sections: 2.1, 2.2.3, 2.4.1, 3.2.4 (including Table 6), 3.6.4 (including Table 12), 4.1.4.2, and 4.2.4.2.
(B)*Tested combination.* The term “tested combination” means a sample basic model comprised of units that are production units, or are representative of production units, of the basic model being tested. For the purposes of this waiver, the tested combination shall have the following features:
(i)The basic model of a variable refrigerant flow system used as a tested combination shall consist of an outdoor unit that is matched with between two and five indoor units.
(ii)The indoor units shall:
(a)Represent the highest sales volume type models;
(b)Together, have a capacity between 95 percent and 105 percent of the capacity of the outdoor unit;
(c)Not, individually, have a capacity greater than 50 percent of the capacity of the outdoor unit;
(d)Have a fan speed that is consistent with the manufacturer's specifications; and
(e)All have the same external static pressure.
(C)*Representations.* LG may make representations about the energy efficiency of its variable refrigerant flow multi-split air conditioner and heat pump products, for compliance, marketing, or other purposes, only to the extent that such representations are made consistent with the provisions outlined below:
(i)For multi-split combinations tested in accordance with this paragraph, LG may make representations based on these test results.
(ii)For multi-split combinations that are not tested, LG may make representations which are based on the testing results for the tested combination and which are consistent with either of the two following methods, except that only method
(a)may be used, if available:
(a)Representation of non-tested combinations according to an alternative rating method approved by DOE; or
(b)Representation of non-tested combinations at the same energy efficiency level as the tested combination with the same outdoor unit. V. Summary and Request for Comments Through today's notice, DOE announces receipt of LG's Petition for Waiver from the test procedures applicable to LG's variable refrigerant flow multi-split air conditioner and heat pump products, and for the reasons articulated above, DOE is granting LG an Interim Waiver from those procedures. As part of this notice, DOE is publishing LG's Petition for Waiver in its entirety. The Petition contains no confidential information. Furthermore, today's notice includes an alternate test procedure that LG is required to follow as a condition of the Interim Waiver and which DOE is considering to include in its subsequent Decision and Order. In this alternate test procedure, DOE is defining a “tested combination” which LG could use in lieu of testing all retail combinations of its variable refrigerant flow multi-split air conditioner and heat pump products. Furthermore, should a subsequent manufacturer be unable to test all retail combinations, DOE is considering allowing such manufacturers to rate waived products according to an alternate rating method approved by DOE, or to rate waived products the same as that for the specified tested combination. DOE is also considering applying a similar alternate test procedure to other comparable Petitions for Waiver for residential and commercial central air conditioners and heat pumps. Such cases include Samsung's Petition for Waiver for its DVM products at 70 FR 9629 (Feb. 28, 2005), and Fujitsu's Petition for Waiver for its Airstage variable refrigerant flow products at 70 FR 5980 (Feb. 4, 2005). DOE is interested in receiving comments on the issues addressed in this notice. Pursuant to 10 CFR 430.27(d), any person submitting written comments must also send a copy of such comments to the petitioner, whose contact information is included in the ADDRESSES section above. Issued in Washington, DC, on September 4, 2007. Alexander A. Karsner, Assistant Secretary, Energy Efficiency and Renewable Energy. December 28, 2005 Mr. Douglas L. Faulkner, Acting Assistant Secretary for Energy Efficiency and Renewable Energy, United States Department of Energy, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585. Re: Petition for Waiver and Application for Interim Waiver, LG Electronics Variable Refrigerant Flow Multi-Split Air Conditioners and Heat Pumps Dear Mr. Faulkner: LG Electronics, Inc.
(LG)submits this Petition for Waiver and Application for Interim Waiver, pursuant to 10 CFR 430.27, for its LG variable refrigerant flow multi-split air conditioners and heat pumps with variable capacity (“multi-splits”). Waiver relief has been granted to Mitsubishi Electric and Samsung Air Conditioning for the same kinds of product. 69 FR 52660 (Aug. 27, 2004) (Mitsubishi; waiver); 70 FR 9629 (Feb. 28, 2005) (Samsung; interim waiver). LG is a manufacturer of digital appliances, as well as mobile communications, digital displays, and digital media products. Its appliances include air-conditioners, washing machines, clothes dryers, refrigerators, refrigerator-freezers, air cleaners, ovens, microwave ovens, dishwashers, and vacuum cleaners and are sold worldwide, including in the United States. LG's U.S. operations are LG Electronics USA, Inc., with headquarters at 1000 Sylvan Avenue, Englewood Cliffs, NJ 07632 (tel. 201-816-2000). Its worldwide headquarters are located at LG Twin Towers 20, Yoido-dong, Youngdungpo-gu Seoul, Korea 150-721 (tel. 011-82-2-3777-1114) URL: *http://www.LGE.com.* LG's principal brands include LG®, and OEM brands including GE® and Kenmore®. LG's appliances are produced in Korea and Mexico. LG intends to market multi-splits and requests waiver relief for this product. LG has 70 indoor units and 40 outdoor units for the product. The model numbers are set forth in Appendix A. As shown therein, 35 cooling-only indoor units can be matched with 20 outdoor units, and 35 heat pump indoor units can be matched with the other 20 outdoor units. The electrical rating for this product is 208/230V 60Hz. An LG multi-split is a beneficial product consisting of one outdoor unit, using a scroll or rotary type compressor with variable capacity, that can connect to multiple indoor units and that uses variable refrigerant flow and control systems. The multi-split is intended to be used in zoning systems where an outdoor unit can be connected with up to 8 separate indoor units in a zoned system, which need not be the same models. The operating characteristics allow each indoor unit to have a different set temperature and a different mode of operation (i.e., on/off/fan). All of the indoor units are capable of operating independently, with their own temperature and fan speed setting. Based on those controls, the outdoor unit will then determine the cooling or heating capacity delivered into the zones. The system therefore offers great flexibility and convenience to the consumer, permitting precise space conditioning control throughout the building, and thus saving energy. As stated above, 35 cooling-only indoor units can be matched with each related outdoor unit, and 35 heat pump indoor units with each related outdoor unit. And an outdoor unit can be connected with up to 8 separate indoor units. Thus, for each outdoor unit, there are millions of possible combinations of indoor units that can be matched in a system configuration. And since there are 40 outdoor units, there is a total of hundreds of millions of combinations for the LG multi-split line of products. The variable speed, constant speed or dual compressors and the associated system controls can direct refrigerant flow throughout the system to precisely meet the various heating or cooling loads required in the conditioned areas. The compressor is capable of reducing its operating capacity to as little as 40 percent of its rated capacity. The outdoor fan motor also has a variable speed drive to properly match the outdoor coil to indoor loads. Zone diversity enables the system to have a total connected indoor unit capacity of up to 130 percent of the capacity of the outdoor unit. A waiver and interim waiver for LG multi-splits are warranted because test procedures under the Energy Policy and Conservation Act (EPCA), 42 U.S.C. 6291, *et seq.* , evaluate the basic models in a manner so unrepresentative of their true energy consumption characteristics as to provide materially inaccurate comparative data, and/or the basic models contain one or more design characteristics that prevent testing of the basic model according to the prescribed test procedures. In such circumstances a waiver “will be granted.” 10 CFR 430.27(l). In that regard: —The test procedure provides for testing of a pair of indoor and outdoor assemblies making up a typical split system, but does not specify how an LG multi-split system, with literally millions of combinations of indoor units for each outdoor unit, could be evaluated. The situation is further complicated by the fact that there are 40 outdoor units. It is not practical to test each possible combination, and the test procedure provides no alternative rating method for generating efficiency ratings for systems with more than one indoor unit. Thus, the test procedure does not contemplate, and cannot practically be applied to, LG multi-split systems. —The test procedure provides for testing “matched assemblies,” which does not apply to LG multi-split systems. Indoor and outdoor coils in split systems are typically balanced; that is, the capacity of the outdoor coil is equivalent to the capacity of the indoor coil. The test procedure's application to “matched assemblies” contemplates such a balance between indoor and outdoor coil capacity. With the LG multi-split systems, however, the sum of the capacity of the indoor units connected into the system can be as much as 130 percent of the capacity of the outdoor coil. Such unbalanced combinations of LG indoor and outdoor units are permitted by the zoning characteristics of the system, the use of electronic expansion valves to precisely control refrigerant flow to each indoor coil, and the system intelligence for overall system control. The test procedure designed for “matched assemblies” therefore does not contemplate or address testing for substantially unbalanced zoning systems such as the LG multi-splits. —The existing test standards do not provide a test method for integrated part load value
(IPLV)in the heating mode of a heat pump. Thus, the LG heat pump's part load capability in the heating mode is not accounted for in the test procedure. Due to the constant variation of the system capacity, it is patently inaccurate to rate the unit at its full load capacity or at any other fixed point of capacity when the unit capacity is constantly varying between 10 percent and 100 percent of the rated capacity. Any test method utilized to rate these types of full variable refrigerant flow units should be indicative of the ability of these units to operate at 10%, 20%, 30% * * * 100% of rated capacity as this is the true operation of the unit in the field. —The existing test procedure does not account for the inherent benefits of eliminating air duct losses in a system, such as LG's, that is ductless. For all of these reasons, the existing test procedures evaluate the LG multi-splits in a manner so unrepresentative of their true energy consumption characteristics as to provide materially inaccurate comparative data and/or the basic models contain one or more design characteristics that prevent testing of the basic model according to the prescribed test procedures. 10 CFR 430.27. Therefore, DOE should grant a waiver for LG multi-split systems. The waiver should continue until a test procedure can be developed and adopted that will provide the U.S. market with a fair and accurate assessment of the LG system energy consumption and efficiency levels. LG intends to work with DOE, stakeholders, and the Air-Conditioning and Refrigeration Institute
(ARI)to develop the appropriate test procedure. There are no alternative test procedures known to LG that could evaluate these products in a representative manner. That a waiver is warranted is borne out by the fact that DOE has granted waiver relief to Mitsubishi Electric and Samsung for the same types of product. 69 FR 52660 (Aug. 27, 2004); 69 FR 9629 (Feb. 28, 2005). Manufacturers of all other basic models marketed in the United States and known to LG to incorporate similar design characteristics as found in the LG multi-splits include Samsung Air Conditioning, Sanyo Fisher
(USA)Corp., Fujitsu General Limited, Mitsubishi Electric and Electronics USA, and Mitsubishi Heavy Industries Climate Control, Inc. LG also requests immediate relief by grant of an interim waiver. Grant of an interim waiver is fully justified: —The petition for waiver is likely to be granted, as evidenced not only by its merits, but also because DOE has already granted waiver relief to Mitsubishi Electric and Samsung. —Without a waiver of the test procedure, LG will be at a competitive disadvantage in the market and suffer economic hardship. LG would be placed in an untenable situation: The product would be subject to a set of regulations that DOE already acknowledges should not apply to such a product, while at the same time other manufacturers are allowed to operate relieved from such regulations. —Significant investment has already been made in LG multi-splits. Lack of relief would not allow LG to recoup this investment and would deny LG anticipated sales revenue. This does not take into account significant losses in goodwill and brand acceptance. —The basic purpose of EPCA, as amended by the National Appliance Energy Conservation Act, is to foster purchase of energy-efficient appliances, not hinder such purchases. LG multi-splits produce a benefit to consumers and are in the public interest. To encourage and foster the availability of these products is in the public interest. Standards programs should not be used as a means to block innovative, improved designs. 2 DOE's rules should accommodate and encourage—not act to block—such a product. 2 2 See FTC Advisory Opinion No. 457, TRRP 1718.20 (1971 Transfer Binder); 49 FR 32213 (Aug. 13, 1984); 52 FR 49141, 49147-48 (Dec. 30, 1987). —Granting the interim waiver and waiver would also eliminate a non-tariff trade barrier. —Grant of relief would also help enhance economic development and employment, including not only LG Electronics USA's operations in New Jersey, Illinois and Alabama, but also at major national retailers and regional dealers that carry LG products. Furthermore, continued employment creation and ongoing investments in its marketing, sales and servicing activities will be fostered by approval of the interim waiver. Conversely, denial of the requested relief would harm the company and would be anticompetitive. Conclusion LG respectfully requests that DOE grant a waiver and interim waiver from existing test standards for LG multi-splits until such time as a representative test procedure is developed and adopted for such products. We would be pleased to discuss this request with DOE and provide further information as needed. We hereby certify that all manufacturers of domestically marketed units of the same product type have been notified by letter of this petition and application, copies of which letters are attached (Appendix B). Sincerely, Richard Donner, Product Planning Manager, North America Product Planning Group, LG Electronics USA, Inc., 2000 Millbrook Drive, Lincolnshire, IL 60069, Phone: 201-906-9878, Fax: 847-941-8340, E-mail: *rdonner@lge.com.* John I. Taylor, Vice President, Government Relations, LG Electronics USA, Inc., 1750 K Street, NW., Washington, DC 20006, Phone: 202-719-3490, Fax: 847-941-8177, Email: *jtaylor@lge.com.* Of Counsel: John A. Hodges, James T. Bruce, Wiley Rein & Fielding, LLP., 1776 K Street, NW., Washington, DC 20006, Phone: 202-719-7000, Fax: 202-719-7049, E-mail: *jhodges@wrf.com, jbruce@wrf.com.* Appendix A Heat Pump Indoor AMNH073LQ*0, AMNH093LQ*0, AMNH093LR*0, AMNH093D4*0, AMNH123LR*0, AMNH183LT*0, AMNH243LT*0, AMNH093DE*0, AMNH073DZ*0, AMNH093DU*0, AMNH123DEM0, AMNH123DU*0, AMNH183D3*0, AMNH243D3*0, AMNH093AP*0, AMNH093AP*1, AMNH123AP*0, AMNH123AP*1, AMNH093TC*0, AMNH123TC*0, AMNH093TE*0, AMNH123TE*0, AMNH183TE*0, AMNH243TF*0, AMNH093BP*0, AMNH123BP*0, AMNH093BT*0, AMNH126BT*0, AMNH183BT*0, AMNH183BH*0, AMNH243BH*0, AMNH093VE*0, AMNH123VE*0, AMNH183VB*0, AMNH243VB*0 Outdoor A2UW143FA0, A2UW143FA1, A2UW143FA2, A2UW163FA0, A2UW163FA1, A2UW183FA0, A3UW183FA0, A3UW183FA1, A3UW243FA0, A4UW243FA0, A4UW243FA1, A4UW303FA0, A6UW403FA0, A7UW483FA0, A8UW563FA0, A2UH143FA0, A2UH183FA0, A4UH303FA0, A2UH243FA0, A3UH363FA0 Cooling Only Indoor AMNC073LQ*0, AMNC093LQ*0, AMNC093LR*0, AMNC093D4A*0, AMNC123LR*0, AMNC183LT*0, AMNC243LT*0, AMNC073DZ*0, AMNC093DU*0, AMNC123DU*0, AMNC123DEM0, AMNC183D3*0, AMNC243D3*0, AMNC093DE*0, AMNC093AP*0, AMNC093AP*1, AMNC123AP*0, AMNC123AP*1, AMNC093TC*0, AMNC123TC*0, AMNC093TE*0, AMNC123TE*0, AMNC183TE*0, AMNC243TF*0, AMNC093BP*0, AMNC123BP*0, AMNC093BT*0, AMNC126BT*0, AMNC183BT*0, AMNC183BH*0, AMNC243BH*0, AMNC093VE*0, AMNC123VE*0, AMNC183VB*0, AMNC243VB*0 Outdoor A2UQ143FA0, A2UQ143FA1, A2UQ143FA2, A2UQ163FA0, A2UQ163FA1, A2UQ183FA0, A3UQ183FA0, A3UQ183FA1, A3UQ243FA0, A4UQ243FA0, A4UQ243FA1, A4UQ303FA0, A6UQ403FA0, A7UQ483FA0, A8UQ563FA0, A2UC143FA0, A2UC183FA0, A4UC303FA0, A2UC243FA0, A3UC363FA0 Appendix B Certification This is to certify that LG Electronics, Inc. has sent by next day delivery a copy of its petition for waiver and application for interim waiver for LG variable refrigerant flow multi-split air conditioners and heat pumps with variable capacity to manufacturers, known to LG, of domestically marketed units of the same product type (as listed in Section 322(a) of the Energy Policy and Conservation Act). The cover letter to each person states that the person may submit comments to DOE. Attached are the names and addresses of each person to whom a copy of the petition and waiver was sent by next day delivery. Certified by: John I. Taylor, Vice President, Government Relations, LG Electronics USA, Inc., Date: December 28, 2005. December 28, 2005 Re: LG Electronics, Inc. Petition for Waiver and Application for Interim Waiver; Opportunity for Comment To Whom It May Concern: This is to notify you by next day delivery of LG Electronics Inc.'s enclosed Petition for Waiver and Application for Interim Waiver of the United States Department of Energy
(DOE)regulations on energy conservation test procedures. In accordance with DOE rules, we are also advising you of your opportunity to comment to DOE. The Assistant Secretary for Conservation and Renewable Energy will consider timely written comments. Comments are to be submitted to: Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Avenue, SW., Washington, DC 20585-0107. Pursuant to DOE's rules, please provide us with a copy of any comments. Sincerely, John I. Taylor, Vice President, Government Relations, LG Electronics USA, Inc. Aaon, Inc., 2425 South Yukon, Tulsa, OK 74107-2728, Attn: Jim Parro. Advanced Distributor Products, Industrial Park Road, Grenada, MS 38901, Attn: Joseph P. Bush. Allstyle Coil Company, LP, 7037 Brittmore (77041), P.O. Box 40696, Houston, TX 77240-0696, Attn: Robert W. Magee. American Best, LLC, 1845 W. First Street, Ste. 101, Tempe, AZ 85281-7253, Attn: Daniel H. Burke. Apex Coil, LLC, 400 Dean Street, P.O. Box 756, Gilmer, TX 75644, Attn: Candice Coscione. Armstrong Air Conditioning, Inc., 421 Monroe Street, Bellevue, OH 44811, Attn: Bruce R. Maike. Aspen Manufacturing, Inc., 373 Atascocita Road, Humble, TX 77396, Attn: John McAndrews. Bard Manufacturing Company, 1914 Randolph Drive, P.O. Box 607, Bryan, OH 43506, Attn: Irvin L. Derks. Benchmark Manufacturing, Inc., 211 S. Industrial Street, P.O. Box 2170, Lindale, TX 75771, Attn: Steven W. Hallock. Carrier Corporation, Carrier Parkway, A&R Building, P.O. Box 4808, Syracuse, NY 13221, Attn: John Mandyck. Compu-Aire, Inc., 8167 Bryon Road, Whittier, CA 90606, Attn: Balbir Narang. Daikin Industries, Ltd., Nakaz'aki-Nishi Kita-Ku, Osaka 530-8323, JAPAN, Attn: Gary Nettinger. Eubank Manufacturing Enterprises, Inc., Subsidiary of Fedders Corp., P.O. Box 7938, Longview, TX 75607, Attn: Todd Duckwitz. Excel Comfort Systems, Inc., 990 Main Street, Blackville, SC 29817, Attn: William E. Dalton. Firm Group Co., Ltd., 213.215 Moo 9, Luang Pang Road, Tab Yao, Ladkrabang, Bangkok, Thailand, Attn: Suvit Jirapavasuti. Friedrich Air Conditioning Co., 4200 North Pan Am Expressway, P.O. Box 1540, San Antonio, TX 78295-1540, Attn: Sarup Bakhshi. Fujitsu General America, 353 Route 46 West, Fairfield, NJ 07004, Attn: Tedd Rozylowicz. Goodman Manufacturing Corp., 2550 North Loop West, Suite 400, Houston, TX 77092, Attn: Gary Clark. International Comfort Products, LLC, 650 Heil-Quaker Avenue, Lewisburg, TN 37091, Attn: Halsey Cook. International Environmental Corp., P.O. Box 2598, Oklahoma City, OK 73101-2598, Attn: Warren Shoulders. Lennox International Inc., P.O. Box 799900, Dallas, TX 75379-9900, Attn: David F. Lewis. Magic Aire, 501 Galveston, Wichita Falls, TX 76301, Attn: Steve Wilson. Mestek, Inc., 260 North Elm Street, Westfield, MA 01085, Attn: Anthony C. Novak. Mitsubishi Electric & Electronics, USA, Inc. HV AC Products, 4505-A Newpoint Place, Lawrenceville, GA 30043, Attn: Paul Doppel. Mortex Products, Inc., 501 Terminal Road (76106), P.O. Box 9380, Ft. Worth, TX 76147, Attn: Terrell J. Small. National Comfort Products, 539 Dunksferry Road, Bensalem, PA 19020-5908, Attn: John Morris. NORDYNE Inc., 8000 Phoenix Parkway, P.O. Box 8809, O'Fallon, MO 63366-8809, Attn: David J. Lagrand. Rheem Manufacturing Company, 5600 Old Greenwood Road (72903), P.O. Box 17010, Fort Smith, AR 72917-7010, Attn: Alan F. Kessler. Samsung Electronics Co., LTO, 416 Maetan3-Dong, Pal-dal-guSuwon Kyungki-Do.442-742, Korea, Attn: Byong-Jim Kong. Superior Coils, Inc., P.O. Box 24325, Fort Worth, TX 76124, Attn: Deborah H. Hawkins. Trane, 3600 Pammel Creek Road, La Crosse, WI 54601, Attn: Mike Ray. Unico, Inc., 7401 Alabama Avenue, Saint Louis, MO 63111, Attn: Craig Messmer. York International Corporation, 631 South Richland Avenue, P.O. Box 1592, York, PA 17405, Attn: Daniel J. Arnold. Air-Conditioning and Refrigeration Institute, 4100 North Fairfax Drive, Suite 200, Arlington, VA 22203, Attn: Stephen R. Yurek, Esq. [FR Doc. E7-18338 Filed 9-17-07; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 September 11, 2007. Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings: *Docket Numbers:* RP05-422-022. *Applicants:* El Paso Natural Gas Company. *Description:* El Paso Natural Gas Company submits Thirty-Fourth Revised Sheet 20 *et al.* to FERC Gas Tariff, Second Revised Volume 1-A. *Filed Date:* 09/10/2007. *Accession Number:* 20070911-0089. *Comment Date:* 5 p.m. Eastern Time on Monday, September 24, 2007. *Docket Numbers:* RP07-38-003. *Applicants:* Eastern Shore Natural Gas Company. *Description:* Eastern Shore Natural Gas Company submits Revised Sheets 4, 5, and 6 to FERC Gas Tariff, Second Revised Volume 1, effective 9/1/07. *Filed Date:* 09/10/2007. *Accession Number:* 20070910-0191. *Comment Date:* 5 p.m. Eastern Time on Monday, September 24, 2007. *Docket Numbers:* RP07-602-001. *Applicants:* Sabine Pipe Line LLC. *Description:* Sabine Pipe Line LLC submits Substitute Eighth Revised Sheet 20 to its FERC Gas Tariff, Original Volume 1, to be effective 10/11/07. *Filed Date:* 09/10/2007. *Accession Number:* 20070911-0087. *Comment Date:* 5 p.m. Eastern Time on Monday, September 24, 2007. *Docket Numbers:* RP07-688-000. *Applicants:* Chandeleur Pipe Line Company. *Description:* Chandeleur Pipe Line Co submits Twenty First Revised Sheet 5 to its FERC Gas Tariff, Second Revised Volume 1, to be effective 10/11/07. *Filed Date:* 09/10/2007. *Accession Number:* 20070911-0086. *Comment Date:* 5 p.m. Eastern Time on Monday, September 24, 2007. *Docket Numbers:* RP07-689-000. *Applicants:* Northwest Pipeline Corporation. *Description:* Northwest Pipeline Corp requests that FERC waive an obligation imposed upon Northwest by a 1998 Settlement Agreement to pass through to its customers certain Gas Research Institute refunds. *Filed Date:* 09/10/2007. *Accession Number:* 20070911-0109. *Comment Date:* 5 p.m. Eastern Time on Monday, September 24, 2007. *Docket Numbers:* RP07-88-002. *Applicants:* El Paso Natural Gas Company. *Description:* El Paso Natural Gas Company submits this filing to provide the requested additional information on the accounting practices used to report the disposition of costs & revenues related to operational gas purchases. *Filed Date:* 09/10/2007. *Accession Number:* 20070911-0088. *Comment Date:* 5 p.m. Eastern Time on Monday, September 24, 2007. *Docket Numbers:* RP97-391-005. *Applicants:* Gas Technology Institute. *Description:* Northwest Pipeline Corp requests that FERC waive an obligation imposed upon Northwest by a 1998 Settlement Agreement to pass through to its customers certain Gas Research Institute refunds. *Filed Date:* 09/10/2007. *Accession Number:* 20070911-0109. *Comment Date:* 5 p.m. Eastern Time on Monday, September 24, 2007. Any person desiring to intervene or to protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5 p.m. Eastern time on the specified comment date. It is not necessary to separately intervene again in a subdocket related to a compliance filing if you have previously intervened in the same docket. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant. In reference to filings initiating a new proceeding, interventions or protests submitted on or before the comment deadline need not be served on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at *http://www.ferc.gov* . To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests. Persons unable to file electronically should submit an original and 14 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First St., NE., Washington, DC 20426. The filings in the above proceedings are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed dockets(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Nathaniel J. Davis, Sr., Acting Deputy Secretary. [FR Doc. E7-18281 Filed 9-17-07; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [Docket# EPA-RO4-SFUND-2007-0919; FRL-8469-5] Davis Refining Superfund Site; Tallahassee, Leon County, FL; Notice of Settlements AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of settlements. SUMMARY: Under section 122(h)(1) of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the United States Environmental Protection Agency has entered into six settlements for reimbursement of past response costs concerning the Davis Refining Superfund Site located in Tallahassee, Leon County, Florida. The settling PRPs are: Middlebrooks Relocation Systems, Inc., Curt Masek and Radical Car Care, Pafford Oil Company, Williams Concrete Construction, Inc., Southside Mower & Magneto Repair, Inc., and Thelma Thompson. DATES: The Agency will consider public comments on the settlements until October 18, 2007. The Agency will consider all comments received and may modify or withdraw its consent to the settlements if comments received disclose facts or considerations which indicate that the settlements are inappropriate, improper, or inadequate. ADDRESSES: Copies of the settlements are available from Ms. Paula V. Batchelor. Submit your comments, identified by Docket ID No. EPA-RO4-SFUND-2007-0919 or Site name Davis Refining Superfund Site by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • E-mail: *Batchelor.Paula@epa.gov.* • Fax: 404-562-8842. Attn: Paula V. Batchelor. • Mail: Ms. Paula V. Batchelor, U.S. EPA Region 4, SD-SEIMB, 61 Forsyth Street, SW., Atlanta, Georgia 30303. “In addition, please mail a copy of your comments on the information collection provisions to the Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for EPA, 725 17th St., NW., Washington, DC 20503.” *Instructions:* Direct your comments to Docket ID No. EPA-R04-SFUND-2007-0919. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through *http://www.regulations.gov* or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the U.S. EPA Region 4 office located at 61 Forsyth Street, SW., Atlanta, Georgia 30303. Regional office is open from 7 a.m. until 6:30 p.m. Monday through Friday, excluding legal holidays. Written comments may be submitted to Ms. Batchelor within 30 calendar days of the date of this publication. FOR FURTHER INFORMATION CONTACT: Paula V. Batchelor at 404/562-8887. Dated: September 4, 2007. De'Lyntoneus Moore, Acting Chief, Superfund Enforcement & Information Management Branch, Superfund Division. [FR Doc. E7-18351 Filed 9-17-07; 8:45 am] BILLING CODE 6560-50-P FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than October 3, 2007. **A. Federal Reserve Bank of Kansas City** (Donna J. Ward, Assistant Vice President) 925 Grand Avenue, Kansas City, Missouri 64198-0001: *1. Michael D. Quagliano, Edwards, Colorado;* to acquire voting shares of Solera National Bancorp, Inc., and thereby indirectly acquire voting shares of Solera National Bank, both of Lakewood, Colorado. Board of Governors of the Federal Reserve System, September 13, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-18348 Filed 9-17-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisition of Shares of Bank or Bank Holding Companies The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board’s Regulation Y (12 CFR 225.41) to acquire a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)). The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the office of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than October 2, 2007. **A. Federal Reserve Bank of Chicago** (Burl Thornton, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414: *1. Stuart B. Drake; Diana L. Drake; Martin B. Drake II; Clayton J. Drake, all of Farmer City, Illinois; Stephanie S. Drake, Champaign, Illinois; Stanley L. Drake, Sunrise Beach, Missouri; Stephen P. Drake, Champaign, Illinois, individually and as custodian under the Illinois Uniform Transfers to Minors Act for each of Clayton J. Drake; Nicole L. Drake; and Noah S. Drake, all of Farmer City, Illinois; and as trustee of the Martin Bogarte Drake II Irrevocable Trust; the Clayton James Drake Irrevocable Trust; the Nicole Lynn Drake Irrevocable Trust; the Noah Stuart Drake Irrevocable Trust; and the Richard K. Drake Irrevocable GST Trust; Patricia R. Drake, Champaign, Illinois; George E. Drake; Elinor J. Drake; Allen C. Drake, all of El Paso, Illinois, individually and as trustee of the George Drake Family Trust; Fred L. Drake; Arthur M. Drake, both of Bloomington, Illinois; Marcia J. Dudley, El Paso, Illinois; the Richard K. Drake Irrevocable GST Trust; the Martin Bogarte Drake II Irrevocable Trust; the Clayton James Drake Irrevocable Trust; the Nicole Lynn Drake Irrevocable Trust; the Noah Stuart Drake Irrevocable Trust, all of Farmer City, Illinois; the George Drake Family Trust, El Paso, Illinois; the Marylou Drake Inter-Vivos Revocable Trust; and Farmer City State Bank, both of Farmer City, Illinois, as trustee of the Marylou Drake Inter-Vivos Revocable Trust* ; to retain voting shares of Lincoln S.B. Corp., and thereby indirectly retain voting shares of State Bank of Lincoln, both of Lincoln, Illinois. Board of Governors of the Federal Reserve System, September 12, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-18283 Filed 9-17-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than October 12, 2007. **A. Federal Reserve Bank of Philadelphia** (Michael E. Collins, Senior Vice President) 100 North 6th Street, Philadelphia, Pennsylvania 19105-1521: *1. National Penn Bancshares, Inc.* , Boyertown, Pennsylvania; to acquire Christiana Bank & Trust Company, through a merger with NBP Interim Bank, both of Greenville, Delaware. **B. Federal Reserve Bank of Richmond** (A. Linwood Gill, III, Vice President) 701 East Byrd Street, Richmond, Virginia 23261-4528: *1. Founders Corporation of Loudoun, Inc.* ; to become a bank holding company by acquiring 100 percent of the voting shares of Founders Bank & Trust, N.A., both of Leesburg, Virginia (in organization). Board of Governors of the Federal Reserve System, September 12, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-18282 Filed 9-17-07; 8:45 am] BILLING CODE 6210-01-S FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 *et seq.* ) (BHC Act), Regulation Y (12 CFR Part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below. The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The application also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States. Additional information on all bank holding companies may be obtained from the National Information Center Web site at *www.ffiec.gov/nic/* . Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than October 15, 2007. **A. Federal Reserve Bank of St. Louis** (Glenda Wilson, Community Affairs Officer) 411 Locust Street, St. Louis, Missouri 63166-2034: *1. Magnolia Banking Corporation, Magnolia, Arkansas;* to acquire 100 percent of the voting shares of Southern State Bancshares, Inc., Malvern, Arkansas, and thereby indirectly acquire Southern State Bank, Malvern, Arkansas. **B. Federal Reserve Bank of Minneapolis** (Jacqueline G. King, Community Affairs Officer) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291: *1. Montana Business Capital Corporation (to be known as Bancorp of Montana Holding Company), Missoula, Montana;* to become a bank holding company by acquiring 100 percent of the voting shares of Bank of Montana, Missoula, Montana. * In connection with this application,* applicant also has applied to engage in commercial and residential loan origination activities pursuant to section 225.28(b)(1) of Regulation Y. Board of Governors of the Federal Reserve System, September 13, 2007. Robert deV. Frierson, Deputy Secretary of the Board. [FR Doc. E7-18347 Filed 9-17-07; 8:45 am] BILLING CODE 6210-01-S DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2007-29143] Chemical Transportation Advisory Committee; Charter Renewal AGENCY: Coast Guard, DHS. ACTION: Notice of charter renewal. SUMMARY: Under the Federal Advisory Committee Act, 5 U.S.C. App. 2 (Pub. L. 92-463), the Secretary of Homeland Security has renewed the charter for the Chemical Transportation Advisory Committee
(CTAC)for 2 years from August 17, 2007, until August 17, 2009. CTAC is a Federal advisory committee under 5 U.S.C. App. 2 (Pub. L. 92-463, 86 Stat. 770). This Committee advises the Coast Guard on safe and secure transportation and handling of hazardous materials in bulk on U.S.-flag vessels and barges in U.S. ports and waterways. ADDRESSES: A copy of this notice and the Committee charter is available in our online docket, USCG-2007-29143, at *http://dms.dot.gov.* You may request a copy of the charter by writing to Commandant (CG-3PSO), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593-0001; by calling 202-372-1420; or by faxing 202-372-1926. FOR FURTHER INFORMATION CONTACT: Commander Richard Raksnis, Executive Director of CTAC, or Ms. Sara S. Ju, Assistant to the Executive Director, telephone at 202-372-1425, fax 202-372-1926. Dated: September 5, 2007. J. G. Lantz, Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. E7-18304 Filed 9-17-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2007-29142] National Offshore Safety Advisory Committee; Vacancies AGENCY: Coast Guard, DHS. ACTION: Request for applications. SUMMARY: The Coast Guard seeks applications for membership on the National Offshore Safety Advisory Committee (NOSAC). NOSAC provides advice and makes recommendations to the Coast Guard on matters affecting the offshore industry. DATES: Application forms should reach the Coast Guard on or before November 30, 2007. ADDRESSES: You may request an application form by writing to Commandant (CG-3PSO-2), U.S. Coast Guard, 2100 Second Street, SW., Washington, DC 20593-0001; by calling 202-372-1414; or by faxing 202-372-1926. A copy of the application form is also available from the Coast Guard's Advisory Committee Web page at: *http://www.uscg.mil/hq/g-m/advisory/index.htm.* Send your application in written form to the above street address. A copy of the application, along with this notice, is also available on the Internet at *http://dms.dot.gov.* FOR FURTHER INFORMATION CONTACT: Commander John M. Cushing, Executive Director of NOSAC, or James M. Magill, Assistant to the Executive Director, telephone 202-372-1414, fax 202-372-1926. SUPPLEMENTARY INFORMATION: NOSAC is a Federal advisory committee established under the provisions of the Federal Advisory Committee Act (FACA), 5 U.S.C. App. (Pub. L. 92-463). It consists of 15 regular members who have particular knowledge and experience regarding offshore technology, equipment, safety and training, as well as environmental expertise in the exploration or recovery of offshore mineral resources. It provides advice and makes recommendations to the Assistant Commandant for Prevention regarding safety, security and rulemaking matters relating to the offshore mineral and energy industries. This advice assists the Coast Guard in developing policy and regulations and formulating the positions of the United States in advance of meetings of the International Maritime Organization. NOSAC meets approximately twice a year, with one of these meetings being held at Coast Guard Headquarters in Washington, DC. It may also meet for extraordinary purposes. Its subcommittees and working groups may meet to consider specific problems as required. We will consider applications for five positions. These positions will begin in January 2008. Applications should reach us by November 30, 2007, but we will consider applications received later if they arrive within a reasonable time before we make our recommendations to the Secretary of Homeland Security. To be eligible, applicants should have experience in one of the following categories:
(1)Offshore drilling,
(2)offshore supply vessel services including geophysical services,
(3)safety and training relating to offshore activities,
(4)offshore production or
(5)national environmental interests. Please state on the application form which of the five categories you are applying for. Each member normally serves a term of 3 years or until a replacement is appointed. A few members may serve consecutive terms. All members serve at their own expense and receive no salary, reimbursement of travel expenses, or other compensation from the Federal Government. In support of the policy of the Coast Guard on gender and ethnic diversity, we encourage qualified women and members of minority groups to apply. Dated: September 11, 2007. J.G. Lantz, Director of National and International Standards, Assistant Commandant for Prevention. [FR Doc. E7-18300 Filed 9-17-07; 8:45 am] BILLING CODE 4910-15-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5117-N-80] Notice of Submission of Proposed Information Collection to OMB; Public and Indian Housing ENERGY STAR and Energy Audit Survey AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. In response to Congress and the mandate under the Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) a survey is needed to accurately conduct research and report steps taken to reduce utility expenses through energy conservation measures of public housing. Thereafter, reports will be updated and sent to Congress every 2 years indicating energy strategies for energy reduction goals and how the Department of Housing and Urban Development will monitor the energy usage of public housing agencies. DATES: *Comments Due Date:* October 18, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Approval Number (2577-NEW) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone
(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD's Web site at *http://www5.hud.gov:63001/po/i/icbts/collectionsearch.cfm.* SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Public and Indian Housing ENERGY STAR and Energy Audit Survey. *OMB Approval Number:* 2577-NEW. *Form Numbers:* HUD-52465. *Description of the Need for the Information and its Proposed Use:* In response to Congress and the mandate under the Energy Conservation Policy Act (42 U.S.C. 8251 et seq.) a survey is needed to accurately conduct research and report steps taken to reduce utility expenses through energy conservation measures of public housing. Thereafter, reports will be updated and sent to Congress every 2 years indicating energy strategies for energy reduction goals and how the Department of Housing and Urban Development will monitor the energy usage of public housing agencies. *Frequency of Submission:* Annually. Number of respondents Annual responses × Hours per response = Burden hours Reporting burden 3,200 1 0.166 533 *Total Estimated Burden Hours:* 533. *Status:* New Collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: September 11, 2007. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E7-18308 Filed 9-17-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5117-N-81] Notice of Submission of Proposed Information Collection to OMB; Exigent Health and Safety Deficiency Correction Certification AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. Public Housing Agencies
(PHAs)correct/mitigate exigent health and safety
(EHS)deficiencies cited in property inspections conducted pursuant to HUD's Uniform Physical Condition Standards inspection protocol. Through the web-based template, PHAs electronically certify that they have corrected/mitigated the EHS deficiencies. DATES: *Comments Due Date:* October 18, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2577-0241) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone
(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD's Web site at *http://www5.hud.gov:63001/po/i/icbts/collectionsearch.cfm.* SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Exigent Health and Safety Deficiency Correction Certification. *OMB Approval Number:* 2577-0241. *Form Numbers:* None. *Description of the Need for the Information and its Proposed Use:* Public Housing Agencies
(PHAs)correct/mitigate exigent health and safety
(EHS)deficiencies cited in property inspections conducted pursuant to HUD's Uniform Physical Condition Standards inspection protocol. Through the web-based template, PHAs electronically certify that they have corrected/mitigated the EHS deficiencies. *Frequency of Submission:* Annually. Number of respondents Annual responses × Hours per responses = Burden hours Reporting Burden 1,166 1 0.42 491 *Total Estimated Burden Hours:* 491. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: September 11, 2007. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E7-18309 Filed 9-17-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5117-N-79] Notice of Submission of Proposed Information Collection to OMB; Low Income Housing Tax Credit Database AGENCY: Office of the Chief Information Officer, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below has been submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. There continues to be great interest in the Low Income Housing Tax Credit Program at HUD, the Department of Treasury, and from many other sources. Unfortunately, since the program is independently administered by more than 50 different state housing agencies, there would be no centralized sources of data about the units that have been developed with this federal subsidy without this data collection effort. DATES: *Comments Due Date:* October 18, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB approval Number (2528-0165) and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202-395-6974. FOR FURTHER INFORMATION CONTACT: Lillian Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; e-mail *Lillian_L._Deitzer@HUD.gov* or telephone
(202)708-2374. This is not a toll-free number. Copies of available documents submitted to OMB may be obtained from Ms. Deitzer or from HUD's Web site at *http://www5.hud.gov:63001/po/i/icbts/collectionsearch.cfm.* SUPPLEMENTARY INFORMATION: This notice informs the public that the Department of Housing and Urban Development has submitted to OMB a request for approval of the information collection described below. This notice is soliciting comments from members of the public and affecting agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This notice also lists the following information: *Title of Proposal:* Low Income Housing Tax Credit Database. *OMB Approval Number:* 2528-0165. *Form Numbers:* None. *Description of the Need for the Information and its Proposed Use:* There continues to be great interest in the Low Income Housing Tax Credit Program at HUD, the Department of Treasury, and from many other sources. Unfortunately, since the program is independently administered by more than 50 different state housing agencies, there would be no centralized sources of data about the units that have been developed with this federal subsidy without this data collection effort. *Frequency of Submission:* Annually. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 59 1 24 1,416 *Total Estimated Burden Hours:* 24. *Status:* Extension of a currently approved collection. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. Dated: September 11, 2007. Lillian L. Deitzer, Departmental Paperwork Reduction Act Officer, Office of the Chief Information Officer. [FR Doc. E7-18310 Filed 9-17-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5118-N-05] Notice of Proposed Information Collection: Comment Request; Brownfields Economic Development Initiative
(BEDI)Grant Application AGENCY: Office of Community Planning and Development, HUD. ACTION: Notice. SUMMARY: The proposed information collection requirement described below will be submitted to the Office of Management and Budget
(OMB)for review, as required by the Paperwork Reduction Act. The Department is soliciting public comments on the subject proposal. DATES: *Comments Due Date:* November 19, 2007. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: Lillian L. Deitzer, Departmental Reports Management Officer, QDAM, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 4176, Washington, DC 20410; telephone: 202-708-2374, (this is not a toll-free number) or e-mail Ms. Deitzer at *Lillian_L._Deitzer@HUD.gov* for a copy of the proposed form and other available information. FOR FURTHER INFORMATION CONTACT: David Kaminsky, Brownfields Program Coordinator, Grants Management Division, Office of Community Planning and Development, Department of Housing and Urban Development, 451 Seventh Street, SW., Washington, DC 20410; telephone 202-708-4091 (this is not a toll-free number). SUPPLEMENTARY INFORMATION: The Department will submit the proposed information collection to OMB for review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). This Notice is soliciting comments from members of the public and affected agencies concerning the proposed collection of information to:
(1)Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2)Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information;
(3)Enhance the quality, utility, and clarity of the information to be collected; and
(4)Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. This Notice also lists the following information: *Title of Proposal:* Brownfields Economic Development Initiative
(BEDI)Grant Application. *OMB Control Number, if applicable:* 2506-0153. *Description of the need for the information and proposed use:* This information collection is required to rate and rank applications submitted as part of a funding competition and to ensure funding eligibility of applicant activities. Respondents are units of general local government eligible for Section 108 Loan Guarantees under 42 U.S.C. 5308. *Agency form numbers, if applicable:* HUD-40123, HUD-40122. *Members of Affected Public:* Local Government. *Estimation of the total number of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response:* *Frequency of Submission:* Annually. Number of respondents Annual responses × Hours per response = Burden hours Reporting Burden 50 1 40 2,000 *Total Estimated Burden Hours:* 2,000. *Status of the proposed information collection:* Extension of a currently approved collection. Authority: Section 3506 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35, as amended. Dated: September 11, 2007. Nelson R. Bregón, General Deputy Assistant Secretary for Community Planning and Development. [FR Doc. E7-18311 Filed 9-17-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5147-N-01] Capacity Building for Community Development and Affordable Housing Grants AGENCY: Office of the Assistant Secretary for Community Planning and Development, HUD. ACTION: Notice of Funding Availability (NOFA). Overview Information A. *Federal Agency Name:* Department of Housing and Urban Development, Office of Community Planning and Development. B. *Funding Opportunity Title:* Capacity Building for Community Development and Affordable Housing Grants. C. *Announcement Type:* Initial Announcement. D. *Funding Opportunity Number:* FR-5147-N-01. E. *Catalog of Federal Domestic Assistance
(CFDA)Number:* 14.252. F. *Dates:* The application deadline date is December 12, 2007. G. *Additional Overview Information:* The competition is limited to the four organizations identified in section 4 of the HUD Demonstration Act of 1993. These organizations are: Enterprise Community Partners, Inc. (formerly The Enterprise Foundation), Local Initiatives Support Corporation, Habitat for Humanity, and YouthBuild USA. Applicants interested in developing the capacity of community housing development organizations (CHDOs) to undertake community development and affordable housing projects should carefully review the General Section of HUD's 2007 SuperNOFA (72 FR 2396), published January 18, 2007; the Introduction to the FY2007 SuperNOFA (72 FR 11434), published on March 13, 2007; the FY2007 SuperNOFA Supplementary Information and Technical Corrections (72 FR 27032), published on May 11, 2007; and the information listed in this NOFA. The application submission information is contained in this NOFA at Section IV.B. Approximately $29,590,000 is available. A 3:1 match of private resources to federal funds is required. Full Text of Announcement I. Funding Opportunity Description A. *Program Description.* The purpose of the capacity building program is to enhance the technical and administrative capabilities of community development corporations
(CDCs)and CHDOs to carry out community development and affordable housing activities. B. *Authority.* The capacity building program is authorized by section 4 of the HUD Demonstration Act of 1993 (Pub. L. 103-120, 107 Stat. 1148, 42 U.S.C. 9816 note), as amended, and the Revised Continuing Appropriations Resolution, 2007 (Pub. L. 110-5). II. Award Information A. *Available Funds.* Approximately $29,590,000 in FY2007 funding is available to carry out the eligible activities related to affordable housing and community development for the capacity building program. B. *Performance Period.* Awards will be for a period of 48 months. C. *Terms of Award.* HUD will enter into a grant agreement with selected applicants for the performance period. III. Eligibility Information A. Eligible Applicants 1. The competition is limited to the four organizations identified in section 4 of the HUD Demonstration Act of 1993. These organizations are: Enterprise Community Partners, Inc. (formerly The Enterprise Foundation), the Local Initiatives Support Corporation, Habitat for Humanity, and YouthBuild USA. 2. To be eligible for funding under this NOFA, all applicants must also meet the threshold requirements of the General Section, including the Civil Rights threshold in section III.C. 3. Applicants may propose assistance using in-house staff, subcontractors, subrecipients, and local organizations that have the requisite experience and capabilities. B. Match Requirement Section 4 of the HUD Demonstration Act of 1993 requires that each dollar awarded must be matched by three dollars in cash or in-kind contributions obtained from private sources. This is a threshold requirement. To receive funding under this NOFA, each of the eligible organizations must document their share of matching resources, including resources committed directly or by a third party to a grantee or subgrantee to conduct activities. In-kind contributions shall conform to the requirements of 24 CFR 84.23. An applicant who fails to provide documentation of the matching requirement shall be considered ineligible. Evidence of commitment for the three-to-one match, such as signed letters from private funding sources, shall be scanned and attached to the electronic application or submitted via fax (using form HUD-96011, “Third Party Documentation Facsimile Transmittal” (“Facsimile Transmittal Form” on Grants.gov) as part of the application. C. Other 1. *Eligible Activities and Priorities.* Funds may be used to provide the following services. a. Training, education, support, and advice to enhance the technical and administrative capabilities of CDCs and CHDOs, including the capacity to participate in consolidated planning, as well as in fair housing planning and continuum-of-care homeless assistance efforts, that help ensure community-wide participation in assessing area needs; consulting broadly within the community; cooperatively planning for the use of available resources in a comprehensive and holistic manner; and assisting in evaluating performance under these community efforts and in linking plans with neighboring communities in order to foster regional planning; b. Loans, grants, development assistance, predevelopment assistance, or other financial assistance to CDCs and CHDOs to carry out community development and affordable housing activities that benefit low-income families and persons, including the acquisition, construction, or rehabilitation of housing for low-income families and persons, and community and economic development activities that create jobs for low-income persons; and c. Such other activities as may be determined by the grantees in consultation with the Secretary or his or her designee. Activities undertaken as part of, or as a result of, capacity building efforts described in this section shall support the implementation of other HUD programs, especially Community Development Block Grant (CDBG), HOME, Homeless programs, and Housing Opportunities for Persons with AIDS (HOPWA). Further, such activities shall support HUD's Strategic Plan and priorities as described in the General Section. 2. *DUNS Requirement.* Refer to the General Section for information regarding the Data Universal Numbering System
(DUNS)requirement. Applicants must obtain a DUNS number to receive an award from HUD. 3. *Other Eligibility Requirements.* All applicants requesting funding under this NOFA must be in compliance with the applicable threshold requirements found in the General Section. Applicants that do not meet these requirements will be ineligible for funding. 4. *False Statements.* An applicant's false statement in an application is grounds for denial or termination of an award and grounds for possible punishment, as provided in 18 U.S.C. 1001. 5. *Environmental Review.* Individual project sites to be funded by awards under this NOFA may not be known at the time the individual grant agreements are awarded and also may not be known when some of the individual subgrants are made. Therefore, in accordance with 24 CFR 50.3(h), the application and the grant agreement must provide that no commitment or expenditure of HUD or private match funds to a HUD-assisted project may be made until HUD has:
(1)Completed an environmental review to the extent required under applicable regulations and
(2)given notification of its approval, in accordance with 24 CFR 50.3(h). IV. Application and Submission Information A. Addresses to Request Application Package Applications must be received and validated by Grants.gov no later than 11:59:59 p.m. eastern time on the application deadline date. HUD must receive paper copy applications from applicants that received a waiver no later than 11:59:59 p.m. on the application deadline date. See the General Section for application submission and timely receipt procedures and for instructions on how to request a waiver. Paper applications will not be accepted, unless the applicant has received a waiver of the electronic submission requirement. B. Content and Form of Application Submission A completed application consists of an application submitted by an authorized official of the organization and containing all relevant sections of the application, as shown in the checklist below in Section IV.B.3. 1. *Page Limitation.* Narratives addressing Factors 1 through 5 are limited to no more than 25 typed pages. That is, reviewers will not review more than 25 pages for all five factors combined, except that the page limit does not include the form HUD-96010, Program Logic Model. 2. *Prohibition on Materials Not Required.* Materials other than what is requested in this NOFA are prohibited. Reviewers will not consider resumes, charts, letters, or any other documents attached to the application that are not specified in this NOFA. 3. *Checklist for Application Submission.* Applicants submitting electronic copies should follow the procedures in Sections IV.B. and F. of the General Section. The following checklist is provided as a guide to help ensure that applicants submit all the required elements. For applicants receiving a waiver of the electronic submission requirement, the paper submission must be in the order provided below. All applicants should enter the applicant name, DUNS number, and page numbers on the narrative pages of the application. _SF-424, Application for Federal Assistance ( **Note:** Applicants must enter their legal name in box 8.a. of the SF-424 as it appears in the Central Contractor Register (CCR). See the General Section regarding CCR Registration); _SF-424 Supplement, Survey for Ensuring Equal Opportunity for Applicants (“Faith Based EEO Survey (SF-424 SUPP)” on Grants.gov); _Narrative addressing Factors 1 through 5; _HUD-96010, Program Logic Model; _HUD-424-CB, Grant Application Detailed Budget Form (“HUD Detailed Budget Form” on Grants.gov); _HUD-424-CBW, Detailed Budget Worksheet for Non-Construction Projects; _SF-LLL, Disclosure of Lobbying Activities (if applicable); _HUD-2880, Applicant/Recipient Disclosure/Update Report (“HUD Applicant Recipient Disclosure Report” on Grants.gov); _HUD-2993, Acknowledgment of Application Receipt (applicable to paper applications only); _HUD-2994-A, You Are Our Client! Grant Applicant Survey (Optional); and _HUD-96011, Third Party Documentation Facsimile Transmittal (“Facsimile Transmittal Form” on Grants.gov). C. Submission Dates and Times The application deadline date is December 12, 2007. Unless you received a waiver to the electronic application submission requirement, your completed application must be submitted through *http://www.grants.gov/applicants/apply for grants.jsp* and must be received and validated by Grants.gov no later than 11:59:59 p.m. eastern time on the application deadline date. (Refer to Section VI of the General Section for further information on the delivery and receipt of applications.) D. Intergovernmental Review Intergovernmental review is not applicable to capacity building applications. E. Funding Restrictions No fee or profit may be paid to any recipient or subrecipient of an award under this capacity building NOFA. F. Other Submission Requirements 1. *Electronic Delivery:* a. The Grants.gov Web site offers a simple, unified application process. There are several registration steps applicants need to complete. Further information is contained in the General Section published on January 18, 2007 (72 FR 2396). Applicants should also review the March 13, 2007, publication (72 FR 11434) of HUD's Discretionary Programs (FY2007 SuperNOFA), as well as the technical correction to the FY2007 SuperNOFA General Section published on May 11, 2007 (72 FR 27032). Capacity Building applicants should also read HUD's **Federal Register** Notice on Early Registration published in the **Federal Register** on October 31, 2006 (71 FR 64070). b. *Electronic Signature.* Applications submitted through Grants.gov constitute submission as an electronically signed application. 2. Instructions on how to submit electronically are outlined in HUD's “Desktop User's Guide” located on HUD's Grants Web site at *http://www.hud.gov/grants/index.cfm.* 3. *Waiver of Electronic Submission Requirement.* Applicants interested in applying for funding under this NOFA must submit their applications electronically or request a waiver from the electronic submission process. Waiver requests must be submitted in writing by e-mail. Waiver requests must be submitted no later than 15 days prior to the application deadline date and should be sent to Karen E. Daly at *Karen.E.Daly@hud.gov.* If you are granted a waiver from the electronic submission process, your application must be received by HUD no later than 11:59:59 p.m. eastern time on the application deadline date. See the General Section for additional information. 4. *Proof of Timely Submission.* Applicants must submit their applications via grants.gov *http://www.grants.gov/applicants/apply_for_grants.jsp* in time for receipt and validation by 11:59:59 p.m. eastern time on the application deadline date of December 12, 2007. Validation can take up to 72 hours, so applicants should submit with ample time for the process to be completed. Applicants are also advised to submit with sufficient time to correct any deficiencies that would prevent the acceptance of your application by Grants.gov. (Refer to the General Section for specific procedures regarding proof of timely submission of applications.) V. Application Review Information A. Criteria The maximum number of points to be awarded for a capacity building application is 100. The minimum score for an application to be considered for funding is 75. The capacity building program is not subject to bonus points, as described in the General Section. Points are assigned on five factors. When addressing Factors 2 through 5, applicants should discuss the specific capacity building activities that will be carried out during the term of the grant agreement. Applicants should provide relevant examples to support the proposal, where appropriate. Applicants should also be specific when describing the communities, populations, and organizations that they propose to serve and the specific outcomes expected as a result of the capacity building. Applicants should also be specific about the relationship of their plan to the goals and objectives in the HUD Strategic Plan. The plan can be viewed on the HUD Web site at *http://www.hud.gov/utilities/intercept.cfm?/offices/cfo/reports/hud_strat_plan_2006-2011.pdf* . 1. *Rating Factor 1:* Capacity of the Applicant and Relevant Organizational Experience (15 points) Factor 1 relates to the capacity of the applicant and its relevant organizational experience. Rating of the “applicant” or the “applicant's organization and staff” includes in-house staff and any subcontractors and subrecipients who are firmly committed to the project. In responding to Factor 1, applicants should specify the experience, knowledge, skills, and abilities of the applicant's organization and staff, and of any persons and organizations firmly committed to the project. Please do not include the Social Security Numbers of any staff. a. (5 points) Recent and successful experience of the applicant's organization in building the capacity of CDCs and CHDOs to develop affordable housing and community development projects. In rating this factor, HUD will consider the extent to which the application demonstrates successful experience, within the last 4 years, in providing technical and administrative expertise to build the capacity of CDCs and CHDOs. b. (5 points) Depth of experience in managing multiple capacity building tasks, to multiple entities, and in more than one geographic area. In rating this factor, HUD will consider the extent to which the application demonstrates ability to manage capacity building assignments effectively. c. (5 points) Knowledgeable key personnel skilled in providing one or more of the eligible activities for the capacity building program; a sufficient number of staff or ability to procure qualified experts or professionals with the knowledge, skills, and abilities to deliver the proposed level of services in the proposed service area in a timely and effective fashion; and an ability to provide capacity building in urban and rural settings. In rating this factor, HUD will consider the extent to which the application demonstrates that the organization has an adequate number of key staff or the ability to procure individuals with the knowledge of effective capacity building approaches and knowledge of developing affordable housing and community development projects. 2. *Rating Factor 2:* Need/Extent of the Problem (15 points) Sound and extensive understanding of need for capacity building in relation to the priorities listed in Section III.C. of this NOFA, as demonstrated by objective information and/or data, such as information from current census data, the American Housing Survey, or other relevant data sources. Sound and extensive understanding of high-priority needs in urban and rural settings for CHDOs and CDCs, as demonstrated by objective information and/or data. In rating this factor, HUD will evaluate the extent to which the application demonstrates an understanding of the specific needs for capacity building and supports the description of need with reliable, program-specific, quantitative information. 3. *Rating Factor 3:* Soundness of Approach (40 points) a. (20 points) A sound approach for addressing the need for eligible capacity building activities in relation to the priorities listed in Section III.C. of this NOFA that will result in positive outcomes. In rating this factor, HUD will evaluate the extent to which the application presents and supports a detailed, feasible, and practical approach for addressing capacity building needs, including techniques, time frames, goals, and intended beneficiaries, and the likelihood that these activities will be cost-effective and will result in the ability of the organization receiving technical assistance to commence work on specific housing and community development projects by the end of the performance period. b. (10 points) A feasible work plan for designing, organizing, managing, and carrying out the proposed capacity building activities. In rating this factor, HUD will evaluate the extent to which the application demonstrates the efficiency of the design, organization, and management of the proposed activities. c. (10 points) An effective assistance program to specific disadvantaged communities, populations, and/or organizations that previously have been underserved and have the potential to participate in the capacity building program (such as the Neighborhood Revitalization Strategy Areas) designated by HUD, Colonias, or locally designated community development target areas. In rating this factor, HUD will evaluate the extent to which the applicant:
(1)Has identified and has documented, using reliable data, specific communities, populations, or organizations that have been disadvantaged or previously underserved communities, populations, or organizations and
(2)has developed an effective strategy for engaging the participation of those communities, populations, or organizations in the capacity building program. 4. *Rating Factor 4:* Leveraging Resources (15 points) This factor evaluates the applicant's ability to leverage (secure) public and/or private sector resources (such as financing, supplies, or services) from sources other than HUD that can be added to HUD's funds to perform eligible activities and sustain the applicant's proposed project. Higher points will be awarded for higher percentages of leveraged resources, compared to the amount of HUD funds requested. No leveraged points will be awarded if the minimum match is not exceeded. For leveraging, HUD's Management Plan has a performance goal of ten investment dollars from outside sources in total project development costs for each federal dollar awarded. To receive points for leverage, all contributions (cash or in-kind) promised during the period of performance must be expressed in dollar values and documented in a commitment letter submitted with the application from a responsible official of each contributing organization. All leveraging commitments shall be scanned and attached to the electronic application or submitted via fax (using form HUD-96011, “Third Party Documentation Facsimile Transmittal” (“Facsimile Transmittal Form” on Grants.gov) as part of the application. Applicants must note that leveraging resources are considered additional resources beyond and above the statutorily required 3:1 matching resource requirement and cannot be counted towards the statutory match requirement. 5. *Rating Factor 5:* Achieving Results and Program Evaluation (15 points) a. (8 points) An effective, quantifiable evaluation plan for measuring performance using the Logic Model (form HUD-96010, “Program Outcome Logic Model”) with specific outcome measures and benchmarks, and performance improvements. In rating this factor, HUD will evaluate the extent to which the application has an evaluation plan that includes outcomes and is specific, measurable, and appropriate in relation to the activities proposed. HUD is committed to ensuring that programs result in the achievement of HUD's strategic mission. To support this effort, grant applications submitted for HUD programs will be rated on how well they tie proposed outcomes to HUD's policy priorities and annual goals and objectives, as well as the quality of the applicant's proposed evaluation and monitoring plans. HUD's strategic framework establishes the goals and objectives for the Department. Please refer to the General Section. The Logic Model should, at a minimum, discuss those performance indicators that have been developed for use by HUD and the Office of Management and Budget
(OMB)in evaluating the section 4 program using OMB's Program Assessment Rating Tool (PART). These measures include:
(1)The annual number of homes renovated, preserved, or newly constructed;
(2)the annual number of trainings created and provided to CDCs;
(3)the long-term total development cost estimate of community development projects funded by CDCs; and
(4)the efficiency measure of per-unit cost of capacity building for housing units developed or renovated. Applicants should also outline any other short-or long-term outcomes that are indicators of their program's performance. b. (7 points) Successful past performance in administering HUD's capacity building program. This rating factor reflects HUD's goal to embrace high standards of ethics, management, and accountability. Applicants should include, as applicable, increases in Community Planning and Development
(CPD)or affordable housing and community development program accomplishments as a result of capacity building (e.g., number of affordable housing units developed, number of trainings delivered to CDCs and CHDOs, growth of CDC and CHDO capacity over time, efficiency or effectiveness of administration of CPD or community development programs, timeliness of use of CPD or community development program funds, and project development investment and leveraging efficiencies). In rating this factor, HUD will evaluate the extent to which the application demonstrates successful past performance that was timely and resulted in positive outcomes in the delivery of capacity building for affordable housing and community development. HUD will also consider past performance of current section 4 grantees, including financial and other information in HUD's files. B. Review and Selection Process 1. *Review Types.* Two types of reviews will be conducted. First, HUD will review each application to determine whether it meets threshold eligibility requirements. Second, HUD will review and assign scores to applications using the Factors for Award noted in Section V.A. 2. *Ranked Order.* Once rating scores are assigned, rated applications will be listed in ranked order. Applications within the fundable range (score of 75+ points) may then be funded in ranked order. 3. *Threshold Eligibility Requirements.* All applicants must be in compliance with the applicable threshold requirements found in the General Section and the eligibility requirements listed in Section III of this NOFA in order to be reviewed, scored, and ranked. Applications that do not meet these requirements and applications that were received after the deadline (see Section IV.C. of the General Section) will be considered ineligible for funding. VI. Award Administration Information A. Award Notices HUD will send written notifications to both successful and unsuccessful applicants. A notification sent to a successful applicant is not an authorization to begin performance or to incur costs. After selection for funding, each grantee will submit to HUD a specific work and funding plan for each community it proposes to serve, showing when and how the federal funds and matching funds will be used. The work plan must be sufficiently detailed for monitoring purposes and must identify the performance goals and objectives to be achieved. Within 45 days after submission of a specific work plan, HUD will approve the work plan or notify the grantee of matters that need to be addressed prior to approval. Work plans may be developed for less than the full dollar amount and term of the award, but no HUD-funded costs may be incurred for any activity until the work plan is approved by HUD. All activities are also subject to the environmental requirements in section III.C.5. of this notice. After selection, but prior to award, applicants selected for funding will be required to provide HUD with their written Code of Conduct, if they have not previously done so and it is recorded on the HUD Web site at *http://www.hud.gov/offices/adm/grants/codeofconduct/cconduct.cfm.* B. Administrative and National Policy Requirements. 1. *OMB Circulars and Government-wide Regulations Applicable to Financial Assistance Programs.* Awards under this NOFA will be governed by 24 CFR part 84 (Uniform Administrative Requirements), OMB Circular A-122 (Cost Principles for Nonprofit Organizations), and OMB Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). Copies of the OMB Circulars may be obtained from Executive Office of the President's
(EOP)Publications Office, Room 2200, New Executive Office Building, Washington, DC 20503, telephone number
(202)395-3080 (this is not a toll-free number) or
(800)877-8339 (TTY Federal Information Relay Service). Information also may be obtained from the OMB Web site at *http://www.whitehouse.gov/omb/circulars/index.html.* 2. *General.* See section III.C. of the General Section regarding additional applicable requirements. C. Reporting 1. Grantees will be required to report to the government technical representative
(GTR)quarterly, unless otherwise specified in the grant agreement. The quarterly performance report shall be submitted to HUD within 45 days after each calendar quarter. Performance reports shall include reports on both performance and financial progress under work plans and shall include reports on the commitment and expenditure of private matching resources utilized through the end of the reporting period. Reports shall conform to the reporting requirements of 24 CFR part 84. As part of the required quarterly report to HUD, grant recipients must include a completed Program Logic Model (form HUD-96010), which identifies output and outcome achievements. 2. Additional information or increased frequency of reporting may be required by HUD any time during the grant agreement, if HUD finds such reporting to be necessary for monitoring purposes. 3. To further the consultation process and share the results of progress to date, the Secretary may require grantees to present and discuss their performance reports at annual meetings in Washington, DC, during the life of the award. 4. The performance reports must contain the information required under 24 CFR part 84, including a comparison of actual accomplishments with the objectives and performance goals of the work plans. In the work plans, each grantee will identify performance goals and objectives established for each community in which it proposes to work and appropriate measurements under the work plan, such as the number of housing units and facilities each CDC or CHDO produces annually during the grant period and the average cost of such units. The performance reports will also include a discussion of the reasonableness of the unit costs, the reasons for slippage if established objectives and goals are not met, and additional pertinent information. 5. A final performance report, in the form described in paragraph
(d)immediately above, shall be provided to HUD by each grantee within 90 days after the completion date of the award. 6. Financial status reports (SF-269A) shall be submitted quarterly. VII. Agency Contacts *For Assistance.* Applicants may contact Karen E. Daly at
(202)708-1817 (this is not a toll-free number). Persons with hearing and speech impairments may access the above numbers via TTY (text telephone) by calling the Federal Information Relay Service at
(800)877-8339 (this is a toll-free number). Information may also be obtained through the HUD Web site at *http://www.hud.gov.* VIII. Other Information A. Paperwork Reduction Act The provisions of the Paperwork Reduction Act do not apply because there are fewer than ten respondents; only four applicants are eligible for this program. B. Environmental Impact A Finding of No Significant Impact with respect to the environment has been made, in accordance with the Department's regulations at 24 CFR part 50, which implements section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332). The Finding of No Significant Impact is available for public inspection between 7:30 a.m. and 5:30 p.m. weekdays at the Office of the Rules Docket Clerk, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410. C. Fair Housing and Equal Opportunity Applications must contain a certification that the applicant and all subgrantees shall comply with the requirements of the Fair Housing Act, Title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Age Discrimination Act of 1975, Title IX of the Education Amendments Act of 1972, and the Americans with Disabilities Act, and will affirmatively further fair housing. D. Section 3 of the Housing and Urban Development Act of 1968 Applications must contain a certification that the applicant and all subgrantees will comply with section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. 1701u) and HUD's implementing regulations at 24 CFR part 135, which require that, to the greatest extent feasible, opportunities for training and employment be given to low-income persons residing within the unit of local government for the metropolitan area (or nonmetropolitan county) in which the project is located. Dated: September 11, 2007. Nelson R. Bregón, General Deputy Assistant, Secretary for Community Planning and Development. [FR Doc. E7-18386 Filed 9-17-07; 8:45 am] BILLING CODE 4210-67-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Howland Island National Wildlife Refuge, Baker Island National Wildlife Refuge, and Jarvis Island National Wildlife Refuge, U.S. Territories AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability of draft comprehensive conservation plans and associated environmental assessments. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), announce the availability of the Draft Comprehensive Conservation Plans and Environmental Assessments (Draft CCPs/EAs) for public review and comments, for Howland Island National Wildlife Refuge, Baker Island National Wildlife Refuge, and Jarvis Island National Wildlife Refuge. These three national wildlife refuges are unincorporated U.S. territories located in the central Pacific Ocean, hereinafter collectively called Refuges. These Draft CCPs/EAs describe the Service's proposal for management of the Refuges over the next 15 years. DATES: Written comments must be received at the address below by October 30, 2007. ADDRESSES: Comments on the Draft CCPs/EAs should be addressed to: Donald Palawski, Refuge Manager, Pacific Remote Islands National Wildlife Refuge Complex, 300 Ala Moana Blvd., Room 5-231, Honolulu, HI 96717. Comments may also be submitted via electronic mail to *FW1PlanningComments@fws.gov* . Please use Pacific Island NWR CCPs, in the subject line. FOR FURTHER INFORMATION CONTACT: Donald Palawski, Refuge Manager, phone number
(808)792-9560. SUPPLEMENTARY INFORMATION: The CCPs/EAs were prepared pursuant to the National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, and the National Environmental Policy Act of 1969 (NEPA). Proposed changes to refuge management include more frequent biological surveys, attraction of two rare seabird species to the refuges, and increased scientific research opportunities. No public uses of the Refuges are proposed. Copies of the Draft CCPs/EAs may be obtained by writing to the U.S. Fish and Wildlife Service, Attn: Charles Pelizza, Refuge Conservation Planner, Hawaiian and Pacific Islands Refuges, c/o Oahu NWR Complex, 66-590 Kamehameha Highway, Haleiwa, HI 96712. The Draft CCPs/EAs will also be available for viewing and downloading online at *http://pacific.fws.gov/planning.* Copies of the Draft CCPs/EAs may be viewed at the Pacific Remote Islands National Wildlife Refuge Complex Office during the regular business working hours from 7 a.m. to 4 p.m., Monday through Friday. The office is located in the Prince Jonah Kuhio Kalanianaole Federal Building at 300 Ala Moana Blvd., Room 5-231, Honolulu, HI. Background The Refuges are located near the Equator between 1,300 and 1,700 nautical miles south to southwest from their administrative office in Honolulu, HI. These Refuges are part of the National Wildlife Refuge System (System) which is managed by the Service. We are developing individual Draft CCPs/EAs for each of the Refuges, however, we are developing them under one planning process, because they are part of the same ecosystem and share many of the same issues and management opportunities. These Refuges were established in 1974, when the Secretary of the Interior transferred responsibility for the islands, and their territorial seas outward to the 3-nautical-mile limit, from the Office of Territorial Affairs to the Service. The islands range in size from 648 to 1,273 acres with total acreage for the Refuges ranging from 31,909 to 37,487 acres. The purpose for establishing the Refuges is “the restoration and preservation of the complete ecosystem, terrestrial and marine.” Special emphasis is placed on the protection, restoration, and preservation of nesting seabirds. Because of the physical characteristics of these islands, landings and access are extremely hazardous; therefore, the Refuges have been closed to public entry since establishment, to protect wildlife values and human safety. Purpose and Need for Action The purpose of the CCPs is to provide a coherent, integrated set of management actions to help attain the purposes and objectives of the Refuges. The CCPs identify the conservation role of the Refuges, explain the Service's proposed management actions, and provide a basis for Refuge budget requests. Alternatives Four alternatives for managing the Refuges for the next 15 years are identified and evaluated in the Draft CCPs/EAs. The preferred alternative in each CCP/EA is to implement Alternative B. Alternative B achieves the Refuges' purposes, and goals; contributes to the System mission; addresses significant issues and relevant mandates; and is consistent with principles of sound fish and wildlife management. The Refuges are currently closed to all public use activities and will remain closed under each alternative. Alternative A (No Action Alternative). Alternative A provides a baseline from which to compare the action alternatives (Alternatives B, C, and D). Under Alternative A, management practices already underway or funded would continue. These activities include routine biological surveys, inspection of entrance signs, monitoring for the presence of invasive species, and collection of marine debris. Visits would occur once every 2 years and would be arranged through, and dependent upon, partner agencies and organizations, as is current practice. Alternative B. Alternative B is the Service's preferred alternative. Under Alternative B, the frequency of the activities described in Alternative A would increase and occur annually. There would be no increase in the scope or complexity of management activities. The collection of scientific data and assessment of habitat conditions would continue to occur. Additional management activities that would occur under Alternative B include a project to attract two rare seabird species to the Refuges and a project to conduct additional marine habitat exploration. Alternative C. This alternative includes a substantial increase in the frequency of visits, and also increases the scale and scope of management activities conducted during site visits. A Service owned or chartered research vessel, and crew members and their operational needs are required components of this alternative. Monitoring wildlife populations and habitats, restoring habitats, and other management activities could occur year-round. Year-round or seasonal field camps would be rotated among the Refuges so that a more complete understanding of annual cycles and fluctuations in wildlife populations would be possible. Alternative D. Under Alternative D, a year-round field camp and would be rotated among the Refuges. A Service owned and operated vessel would be an integral and required component of this alternative. Surveys and monitoring activities under this alternative would provide the greatest understanding and most effective management of refuge resources. Scientific research would be encouraged and enhanced, with an opportunity for the Refuges to serve as baseline sites for global climate change research. Public Comments Public comments are requested, considered, and incorporated throughout the planning process. A previous notice was published in the **Federal Register** on September 14, 2005 (70 FR 54401) announcing the development of these Draft CCPs/EAs. After the review and comment period ends for these documents, comments will be analyzed by the Service and addressed in revised planning and NEPA documents. All comments received from individuals, including names and addresses, become part of the official public record and may be released. Requests for such comments will be handled in accordance with the Freedom of Information Act, the Council on Environmental Quality's NEPA regulations [40 CFR 1506.6(f)], and Service and Departmental policies and procedures. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available in accordance with law. While you can ask us in your comment to withhold your personal identifying information from public review, Federal public disclosure requirements may apply. Dated: July 16, 2007. David J. Wesley, Acting Regional Director, Region 1, Portland, Oregon. [FR Doc. E7-18331 Filed 9-17-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Endangered Species Recovery Permit Applications AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of receipt of permit applications; request for comment. SUMMARY: We invite the public to comment on the following applications to conduct certain activities with endangered species. DATES: Comments on these permit applications must be received on or before October 18, 2007. ADDRESSES: Written data or comments should be submitted to the U.S. Fish and Wildlife Service, Chief, Endangered Species, Ecological Services, 911 NE., 11th Avenue, Portland, Oregon 97232-4181 (telephone: 503-231-2063; fax: 503-231-6243). Please refer to the respective permit number for each application when submitting comments. All comments received, including names and addresses, will become part of the official administrative record and may be made available to the public. FOR FURTHER INFORMATION CONTACT: Linda Belluomini, Fish and Wildlife Biologist, at the above Portland address (telephone: 503-231-2063; fax: 503-231-6243). SUPPLEMENTARY INFORMATION: The following applicants have applied for scientific research permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act (16 U.S.C. 1531 *et seq.* ). The U.S. Fish and Wildlife Service (“we”) solicits review and comment from local, State, and Federal agencies, and the public on the following permit requests. Permit No. 160691 *Applicant:* Brian Meiering, Eugene, Oregon. The applicant request a permit to take (capture and translocate) the Oregon chub ( *Oregonichthys crameri* ) in conjunction with salvage operations in the State of Oregon for the purpose of enhancing its survival. Public Review of Comments We solicit public review and comment on this recovery permit application. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. Comments and materials received will be available for public inspection, by appointment, during normal business hours at the above address. Dated: July 23, 2007. David Wesley, Acting Regional Director, Region 1, U.S. Fish and Wildlife Service. [FR Doc. E7-18317 Filed 9-17-07; 8:45 am] BILLING CODE 4310-55-P DEPARTMENT OF THE INTERIOR Bureau of Land Management [Docket No. WO-310-1310-PB-24 1A] Extension of Approved Information Collection, OMB Control Number 1004-0196 AGENCY: Bureau of Land Management, Interior. ACTION: Notice and request for comments. SUMMARY: In accordance with the Paperwork Reduction Act of 1995, the Bureau of Land Management
(BLM)plans to request the Office of Management and Budget
(OMB)to extend an existing approval to collect information from operators and operating rights owners who apply for designation of National Petroleum Reserve-Alaska
(NPRA)unit agreements. We collect nonform information to determine whether to grant approval to operate under a unit plan for NPRA Federal lands. We require operators to retain and provide information to determine whether proposed unit agreements meet the requirements for unitized exploration and development of oil and gas resources of the NPRA. DATES: You must submit your comments to BLM at the address below on or before November 19, 2007. BLM will not necessarily consider any comments received after the above date. ADDRESSES: You may send comments to the OMB, Interior Department Desk Officer (1004-0196), at OMB-OIRA via e-mail *OIRA_DOCKET@omb.eop.gov* or via facsimile at
(202)395-6566. Also please send a copy of your comments to BLM via Internet and include your name, address, and ATTN: 1004-0196 in your Internet message to *comments_washington@blm.gov* or via mail to: U.S. Department of the Interior, Bureau of Land Management, Mail Stop 401LS, 1849 C Street, NW., ATTN: Bureau Information Collection Clearance Officer (WO-630), Washington, DC 20240. You may deliver comments to the Bureau of Land Management, Administrative Record, Room 401, 1620 L Street, NW., Washington, DC. Comments will be available for public review at the L Street address during regular business hours (7:45 a.m. to 4:15 p.m.) Monday through Friday. FOR FURTHER INFORMATION CONTACT: You may contact Barbara Gamble, Division of Fluid Minerals, on
(202)452-0338 (Commercial or FTS). Persons who use a telecommunication device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)on 1-800-877-8339, 24 hours a day, seven days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours. SUPPLEMENTARY INFORMATION: 5 CFR 1320.12(a) requires that we provide a 60-day notice in the **Federal Register** concerning a collection of information to solicit comments on:
(a)Whether the collection of information is necessary for the proper functioning of the agency, including whether the information will have practical utility;
(b)The accuracy of our estimates of the information collection burden, including the validity of the methodology and assumptions we use;
(c)Ways to enhance the quality, utility, and clarity of the information collected; and
(d)Ways to minimize the information collection burden on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. The Naval Petroleum Reserves Production Act of 1976, as amended (42 U.S.C. 6501 *et seq.* ), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and the National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), and 43 CFR subparts, 3133, 3135, 3137, and 3138 require affected oil and gas operators and operating rights owners to maintain records and provide information to apply for suspensions of royalty; apply for suspensions of operations, form and maintain until agreements; and to enter into subsurface storage agreements, respectively. All recordkeeping burdens hours are associated with the nonform information requested. The reporting burden of each provision for the information collection, including recordkeeping, depends on which information is required. The respondents are oil and gas operators and operating rights owners. The frequency of response varies from one-time only to occasional to routine, depending on activities conducted. We estimated 35 responses per year and 492 total annual burden hours. We base this estimate on our experience managing the program. The table below summarizes our estimates. Information collection (43 CFR) Requirement Hours per response Number of respondents Total burden hours 3133.4 Royalty reduction 16 1 16 3135.3 Suspension of operations 8 1 8 3135.6 Notification of operations 4 1 4 3137.23 Unit designation 80 3 240 3137.25 Notification of unit approval 4 3 12 3137.52 Certification for modification 4 1 4 3137.60 Acceptable Bonding 8 3 24 3137.61 Change of unit operator 4 2 8 3137.70 Certification of unit obligation 4 3 12 3137.71 Certification of continuing development 4 3 12 3137.84 Productivity for a PA 12 2 24 3137.87 Unleased tracts 6 1 6 3137.88 Notification of productivity 4 1 4 3137.91 Notification of productivity for non-unit well 4 1 4 3137.92 Production information 4 1 4 3137.112 Lease extension 6 1 6 3137.113 Inability to conduct operations activities 4 2 8 3137.130 Unit termination 4 2 8 3137.135 Impact mitigation 4 3 12 3138.11 Storage agreement 80 1 80 Totals 184 35 492 The BLM will summarize all responses to this notice and include them in the request for OMB approval. All comments will become a matter of public record. Dated: September 13, 2007. Shirlean Beshir, Bureau of Land Management, Information Collection Clearance Officer. [FR Doc. 07-4613 Filed 9-17-07; 8:45 am]
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U.S. Code
- Records maintained on individuals§ 552a
- Student eligibility§ 1091
- Powers and duties of the Secretary, the Under Secretary, and the Attorney General§ 1103
- Definitions§ 6291
- Administration, penalties, enforcement, and preemption§ 6316
- Standards§ 6313
- Test procedures§ 6293
- Test procedures§ 6314
- Assessments§ 1817
- Definitions§ 1841
- Acquisition of bank shares or assets§ 1842
- Interests in nonbanking organizations§ 1843
- Findings§ 8251
- Guarantee and commitment to guarantee loans for acquisition of property§ 5308
- Department of Housing and Urban Development programs§ 9816
- Statements or entries generally§ 1001
- Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts§ 4332
- Economic opportunities for low- and very low-income persons§ 1701u
- Congressional findings and declaration of purposes and policy§ 1531
- “Petroleum” defined§ 6501
- Congressional declaration of policy§ 1701
- Congressional declaration of purpose§ 4321
CFR
- Compliance Certification.§ 431.36
- Petitions for waiver and interim waiver.§ 430.27
- Handling information of a private business, foreign government, or an international organization.§ 1004.11
- Test procedures for the measurement of energy and water consumption.§ 430.23
- Protests other than under Rule 208 (Rule 211).§ 385.211
- Transactions requiring prior notice.§ 225.41
- Environmental policy.§ 50.3
statutes-at-large
24 references not yet in our index
- Pub. L. 100-503
- Pub. L. 99-603
- Pub. L. 94-163
- 10 CFR 431
- Pub. L. 104-13
- 42 USC 6291-6309
- 10 CFR 430
- 10 CFR 430.24(m)(2)
- 10 CFR 430(m)(2)
- 10 CFR 430(m)(2)(i)
- 10 CFR 431.29
- 42 USC 6311-6317
- 12 CFR 225
- Pub. L. 92-463
- 44 USC 35
- Pub. L. 103-120
- 107 Stat. 1148
- Pub. L. 110-5
- 24 CFR 84.23
- 24 CFR 84
- 24 CFR 50
- 24 CFR 135
- 40 CFR 1506.6(f)
- 5 CFR 1320.12(a)
Citation graph
cites case law
Notices
Notice—Computer Matching between the Department of Education and the Department of Homeland Security, United States Citizenship and Immigration Services, formerly the Immigration and Naturalization Service
Pub. L.Pub. L. 100-503
Pub. L.Pub. L. 99-603
Pub. L.Pub. L. 94-163
Cites 54 · showing 12Cited by 0 across 0 sources