Unknown. Final rule; correction

2,821 words·~13 min read·/register/2012/04/24/2012-9841·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2012-04-24.xml --- 77 79 Tuesday, April 24, 2012 Contents Advisory Council on Historic Preservation See Historic Preservation, Advisory Council Agriculture Agriculture Department See Food Safety and Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24455 2012-9773 Air Force Air Force Department NOTICES Meetings: U.S. Air Force Academy Board of Visitors, 24480 2012-9791 Antitrust Division Antitrust Division NOTICES Proposed Final Judgment and Competitive Impact Statement:

United States v. Apple, Inc., et al., 24518-24537 2012-9831 Antitrust See Antitrust Division Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment; Ambulatory Surgical Center Payment; Hospital Value-Based Purchasing Program, etc.; Correction, 24409-24415 2012-9837 NOTICES Medicare and Medicaid Programs: Hospital Waiver for Organ Procurement Service Area, 24495-24496 2012-9977 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: TANF Quarterly Financial Report, 24496-24497 2012-9759 Coast Guard Coast Guard RULES Security Zones: Passenger Vessel SAFARI EXPLORER Arrival/Departure, Kaunakakai Harbor, Molokai, HI, 24381-24382 2012-9718 PROPOSED RULES Special Local Regulations: ODBA Draggin on the Waccamaw, Atlantic Intracoastal Waterway, Bucksport, SC, 24433-24436 2012-9647 Commerce Commerce Department See Economic Analysis Bureau See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 24458 2012-9734 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24479 2012-9807 Defense Department Defense Department See Air Force Department Economic Analysis Bureau Economic Analysis Bureau RULES International Services Surveys and Direct Investment Surveys Reporting, 24373-24375 2012-9849 Education Department Education Department NOTICES Applications for New Awards:

Advanced Placement

(AP)Test Fee Program—Reopening AP Test Fee fiscal year 2012 competition, 24480-24481 2012-9855 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedures for Residential Clothes Washers; Correction, 24341-24342 2012-9841 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans: Maine; Regional Haze, 24385-24392 2012-9719 North Carolina; Annual Emissions Reporting, 24382-24385 2012-9618 Approvals and Promulgations of Implementation Plans: Atlanta, Georgia; Ozone 2002 Base Year Emissions Inventory, 24399-24403 2012-9707 Georgia; Approval of Substitution for Transportation Control Measures, 24397-24399 2012-9814 Tennessee; Regional Haze State Implementation Plan, 24392-24397 2012-9697 Hospital/Medical/Infectious Waste Incinerators: Illinois; Approval of State Plan for Designated Facilities and Pollutants, 24403-24405 2012-9712 Indiana; Approval of State Plan for Designated Facilities and Pollutants, 24405-24408 2012-9724 Modification of Significant New Uses of Tris Carbamoyl Triazine: Technical Amendment, 24408-24409 2012-9844 PROPOSED RULES Approvals and Promulgations of Air Quality Implementation Plans: North Carolina; Annual Emissions Reporting, 24440 2012-9620 Wisconsin; Milwaukee-Racine Nonattainment Area; Determination of Attainment, etc., 24436-24440 2012-9811 Approvals and Promulgations of Implementation Plans: Atlanta, Georgia; Ozone 2002 Base Year Emissions Inventory, 24440-24441 2012-9706 California; Revisions to California State Implementation Plan Pesticide Element, 24441-24451 2012-9850 Hospital/Medical/Infectious Waste Incinerators: Illinois; Approval of State Plan for Designated Facilities and Pollutants, 24451 2012-9711 Indiana; Approval of State Plan for Designated Facilities and Pollutants, 24451-24452 2012-9722 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Administrative Requirements for Assistance Programs, 24486-24487 2012-9798 Landfill Methane Outreach Program (Renewal), 24488-24489 2012-9810 Voluntary Aluminum Industrial Partnership, 24487-24488 2012-9812 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 24367-24369 2012-9185 Bombardier, Inc. Airplanes, 24347-24349, 24351-24355, 24362-24366 2012-9194 2012-9199 2012-9395 2012-9472 2012-9568 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes, 24342-24344 2012-9500 Learjet Inc., 24344-24347 2012-9393 Learjet Inc. Airplanes, 24349-24351 2012-9557 Sicma Aero Seat Passenger Seat Assemblies, Installed on, but not Limited to, ATR - GIE Avions de Transport Regional Airplanes, 24360-24362 2012-9790 The Boeing Company Airplanes, 24355-24360 2012-9398 2012-9476 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 24369-24373 2012-9736 2012-9738 PROPOSED RULES Airworthiness Directives: Empresa Brasileria de Aeronautica S.A. (EMBRAER) Airplanes, 24425-24427 2012-9794 NOTICES Waivers of Acceptable Risk Restrictions for Launch and Reentry, 24556-24558 2012-9737 Federal Communications Federal Communications Commission PROPOSED RULES Foreign Ownership Policies, 24452-24454 2012-9623 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24489-24491 2012-9726 2012-9727 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 24491 2012-9861 Federal Emergency Federal Emergency Management Agency NOTICES Hazard Mitigation Assistance for Wind Retrofit Projects for Existing Residential Buildings, 24505-24506 2012-9761 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Standards for Business Practices and Communication Protocols for Public Utilities, 24427-24433 2012-9809 NOTICES Combined Filings, 2012-9780 24481-24482 2012-9781 Filings: Ameren Corp., 24482 2012-9787 Kern River Gas Transmission Co., 24483 2012-9764 Southern Natural Gas Co., LLC, 24483 2012-9765 Final Land Management Plans: Wausau Paper Mills, LLC, 24483-24484 2012-9763 Records Governing Off-the-Record Communications, 24484-24485 2012-9779 Staff Attendances: Midwest Independent Transmission System Operator, Inc. Meetings, 24485-24486 2012-9782 New York Independent System Operator, Inc., Meetings, 24486 2012-9766 Federal Railroad Federal Railroad Administration RULES Violations of Federal Railroad Safety Law or Federal Railroad Administration Safety Regulations or Orders: Inflation Adjustment of Aggravated Maximum Civil Monetary Penalties, 24415-24424 2012-9709 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of Bank or Bank Holding Company, 24491-24492 2012-9792 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 24492 2012-9793 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 24492 2012-9966 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24492-24494 2012-9853 Fish Fish and Wildlife Service NOTICES Permit Applications: Endangered Species; Marine Mammals, 24510-24513 2012-9804 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24455-24456 2012-9852 Retail Exemptions Adjusted Dollar Limitations, 24456-24457 2012-9813 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganization and Expansion under Alternative Site Framework: Foreign-Trade Zone 109, Jefferson County, NY, 24458 2012-9823 Reorganizations under Alternative Site Framework: Foreign-Trade Zone 226, Merced County, CA, 24459 2012-9821 Voluntary Terminations: Foreign-Trade Subzone 9D, Maui Pineapple Company, Ltd., Kahului, Maui, Hawaii, 24459 2012-9824 Forest Forest Service NOTICES Requests for Nominations: National Urban and Community Forestry Advisory Council, 24457-24458 2012-9828 General Services General Services Administration NOTICES Meetings: Office of Federal High-Performance Green Buildings, Green Building Advisory Committee, 24494 2012-9805 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 24494-24495 2012-9768 Meetings: President's Council on Fitness, Sports, and Nutrition; Correction, 24495 2012-9799 Historic Historic Preservation, Advisory Council NOTICES Meetings: Quarterly Business, 24505 2012-9783 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Development Block Grant Entitlement Program, 24508-24509 2012-9858 Office of Housing Assistance Contract Administration Oversight, Multifamily Housing Programs, 24510 2012-9864 Single Family Customer Satisfaction Survey, 24509-24510 2012-9862 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Treatment of Gain Recognized with Respect to Stock in Certain Foreign Corporations Upon Distributions, 24380-24381 2012-9760 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Form 1040, and Schedules A, B, C, etc.; Forms 1040A, 1040EZ, 1040NR, 1040NR-EZ, 1040X; All Attachments, 24561-24567 2012-9778 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Steel Nails from the People's Republic of China, 24462-24464 2012-9827 Citric Acid and Certain Citrate Salts from Canada, 24461-24462 2012-9826 Oil Country Tubular Goods from the People's Republic of China, 24464-24465 2012-9825 Stainless Steel Butt-Weld Pipe Fittings from Italy, 24459-24461 2012-9819 International Trade Com International Trade Commission NOTICES Complaints: Certain Electronic Devices Having A Retractable USB Connector, 24513-24514 2012-9785 Investigations: Certain Consumer Electronics, Including Mobile Phones and Tablets, 24514-24515 2012-9767 Justice Department Justice Department See Antitrust Division See Justice Programs Office NOTICES Lodgings of Consent Decrees, 24515-24516 2012-9770 United States Assumption of Concurrent Federal Criminal Jurisdiction: Hoopa Valley Tribe, 24517-24518 2012-9731 Los Coyotes Band of Cahuilla and Cupeno Indians, 24516-24517 2012-9730 Justice Programs Justice Programs Office NOTICES Draft Standards and Best Practices: Interaction between Medical Examiner/Coroner and Organ and Tissue Procurement Organizations, 24537 2012-9842 Land Land Management Bureau NOTICES Filings of Plats of Surveys: North Dakota, 24513 2012-9788 Maritime Maritime Administration NOTICES Administrative Waivers of Coastwise Trade Laws: Vessel JOJO MARIA, 24559 2012-9873 Vessel STEPPIN UP, 24558-24559 2012-9879 Meetings: Marine Transportation System National Advisory Council, 24559-24560 2012-9835 National Highway National Highway Traffic Safety Administration NOTICES Electric Vehicle Safety Technical Symposium, 24560-24561 2012-9786 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 24497-24499 2012-9776 Government-Owned Inventions; Availability for Licensing: Mouse Models, 24499-24505 2012-9775 National Oceanic National Oceanic and Atmospheric Administration NOTICES Exempted Fishing Permit Applications, 24465-24466 2012-9816 Permits: Endangered and Threatened Species; Take of Anadromous Fish, 24466-24470 2012-9859 2012-9866 Marine Mammals; Photography Permit File No. 17032, 24470-24471 2012-9857 Takes of Marine Mammals Incidental to Specified Activities: Russian River Estuary Management Activities, 24471-24479 2012-9863 National Science National Science Foundation NOTICES Meetings: Advisory Committee For Computer And Information Science And Engineering, 24538 2012-9751 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 24538 2012-9955 2012-9961 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Establishment of Atomic Safety and Licensing Boards: Fukushima-Related Orders Modifying Licenses, 24538-24539 2012-9801 Independent Spent Fuel Storage Installations; Exemptions: Virginia Electric and Power Co., North Anna Power Station Units 1 and 2, 24541-24543 2012-9803 Virginia Electric and Power Co., Surry Power Station Units 1 and 2, 24539-24541 2012-9802 Meetings; Sunshine Act, 24543 2012-9970 Office of United States Trade Representative See Trade Representative, Office of United States Presidential Documents Presidential Documents EXECUTIVE ORDERS Iran and Syria; Blocking Property and Suspending Entry into the U.S. of Certain Persons (EO 13606), 24569-24574 2012-10034 Securities Securities and Exchange Commission NOTICES Applications: Beverly Hills Bancorp Inc., 24543-24546 2012-9772 Meetings; Sunshine Act, 24546 2012-9933 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Credit LLC, 24546-24547 2012-9769 International Securities Exchange, LLC, 24547-24549 2012-9771 NASDAQ Stock Market LLC, 24549-24553 2012-9795 Small Business Small Business Administration NOTICES Major Disaster Declarations: Kentucky; Amendment 2, 24553 2012-9757 National Small Business Week Video Contest: America Competes Reauthorization Act Of 2011, 24553-24554 2012-9753 State Department State Department NOTICES Certifications, 24554 2012-9867 Culturally Significant Objects Imported for Exhibition Determinations: Quay Brothers, On Deciphering the Pharmacist's Prescription for Lip-Reading Puppets, 24554 2012-9915 Determination on Foreign Military Financing Assistance for Egypt, 24555 2012-9870 Surface Transportation Surface Transportation Board NOTICES Abandonment of Freight Easement and of Residual Common Carrier Obligation Exemptions: Union Pacific Railroad Co., Santa Clara Valley Transportation Authority, Alameda and Santa Clara Counties, CA, 24561 2012-9815 Tennessee Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 24555 2012-9918 Trade Representative Trade Representative, Office of United States NOTICES Andean Trade Preference Act: Public Comments Regarding Beneficiary Countries, 24555-24556 2012-9838 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration See Surface Transportation Board See Transportation Security Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Air Cargo Security Requirements, 24506-24507 2012-9806 Treasury Treasury Department See Internal Revenue Service RULES Certain Intellectual Property Rights Enforced at Border: Disclosure of Information, 24375-24380 2012-9762 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Form N-25, Request for Verification of Naturalization, 24507-24508 2012-9784 Customs U.S. Customs and Border Protection RULES Certain Intellectual Property Rights Enforced at Border: Disclosure of Information, 24375-24380 2012-9762 Separate Parts In This Issue Part II Presidential Documents, 24569-24574 2012-10034 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 77 79 Tuesday, April 24, 2012 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket Number EERE-2010-BT-TP-0021] RIN 1904-AC08 Energy Conservation Program: Test Procedures for Residential Clothes Washers; Correction AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; correction. SUMMARY: This final rule corrects the provisions for calculating the annual operating cost of residential clothes washers. In the final rule establishing new and amended test procedures for residential clothes washers, published in the **Federal Register** on March 7, 2012, and effective as of April 6, 2012, the U.S. Department of Energy

(DOE)erroneously referenced the new test procedure, rather than the currently effective test procedure, in one section of the provisions for calculating annual operating cost. DATES: This correction is effective April 24, 2012. FOR FURTHER INFORMATION CONTACT: Stephen L. Witkowski, 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)586-7463. Email: *Stephen.Witkowski@ee.doe.gov.* Elizabeth Kohl, Esq., U.S. Department of Energy, Office of General Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:

(202)586-7796. Email: *Elizabeth.Kohl@hq.doe.gov.* SUPPLEMENTARY INFORMATION: DOE published new and amended test procedures for residential clothes washers on March 7, 2012. 77 FR 13888. The current test procedure is codified at appendix J1 in 10 CFR part 430 subpart B. The March 2012 final rule amended certain provisions in appendix J1, established new clothes washer test procedures codified in a new appendix J2 in 10 CFR part 430 subpart B, and amended the procedures for calculating the annual operating cost in 10 CFR 430.23(j). Residential clothes washer manufacturers may continue to use appendix J1 to determine compliance of their products with energy conservation standards until the compliance date of any amended standards. In the preamble to the March 2012 final rule, DOE described its intention to amend the annual operating cost calculation in 10 CFR 430.23(j) to incorporate the cost of energy consumed in standby and off modes, and to reflect an updated number of annual use cycles, for clothes washers tested using the new appendix J2. DOE intended to maintain the annual operating cost calculation for clothes washers tested using the currently effective appendix J1, which applies to residential clothes washers currently on the market. In the March 2012 final rule, DOE erroneously referenced appendix J2 in the provisions at newly designated 10 CFR 430.23(j)(1)(i), which are intended to apply to clothes washers tested using appendix J1. The remainder of the text in paragraph

(i)correctly refers to appendix J1. The provisions for calculating the annual operating cost of clothes washers tested using appendix J2 are found at the newly created 10 CFR 430.23(j)(1)(ii). This final rule amends 10 CFR 430.23(j)(1)(i) to reference appendix J1 rather than appendix J2. This correction also applies to the parenthetical note in 430.23(j)(1)(i), which should reference the introductory note in appendix J1 rather than appendix J2. For clarity and consistency between 430.23(j)(1)(i) and 430.23(j)(1)(ii), this final rule also amends 430.23(j)(1)(ii) to include a parenthetical note, analogous to the parenthetical note in 430.23(j)(1)(i), referencing the introductory note in appendix J2. Procedural Issues and Regulatory Review The regulatory reviews conducted for this rulemaking are those set forth in the March 2012 final rule that originally codified amendments to DOE's test procedures for residential clothes washers. The amendments in the March 2012 final rule became effective April 6, 2012. Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE has determined that notice and prior opportunity for comment on this rule are unnecessary and contrary to the public interest. The provisions in 10 CFR 430.23(j)(1)(i) are intended to apply to residential clothes washers currently on the market, as indicated by the remaining text of paragraph

(i)that follows the erroneous reference to appendix J2. In addition, this correction is needed to ensure clarity regarding the annual energy cost calculated according to 430.23(j)(1)(i), which is required to be displayed on the Federal Trade Commission's current EnergyGuide Label for residential clothes washers as the primary indicator of product energy efficiency. (16 CFR 305.5(a)(6); 305.11(f)(5); (f)(8)) For these reasons, DOE has also determined that there is good cause to waive the 30-day delay in effective date. List of Subjects in 10 CFR Part 430 Administrative practice and procedure, Confidential business information, Energy conservation, Household appliances, Imports, Incorporation by reference, Intergovernmental relations, Small businesses. Issued in Washington, DC, on April 17, 2012. Kathleen B. Hogan, Deputy Assistant Secretary, Energy Efficiency and Renewable Energy. For the reasons stated in the preamble, part 430 of title 10 of the Code of Federal Regulations is corrected by making the following correcting amendments: PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 1. The authority citation for part 430 continues to read as follows: Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note. 2. Section 430.23 is amended by revising paragraphs (j)(1)(i) introductory text and

(ii)introductory text to read as follows: § 430.23 Test procedures for the measurement of energy and water consumption.

(j)* * *

(1)* * *

(i)When using appendix J1 (see the note at the beginning of appendix J1),

(ii)When using appendix J2 (see the note at the beginning of appendix J2), [FR Doc. 2012-9841 Filed 4-23-12; 8:45 am]

Connectionstraces to 4

Traces to 4 documents

CFR

U.S. Code

2 references not yet in our index