Proposed Rules. Final rule; technical amendment

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--- schema: federal-register doc_type: fedreg source_file: FR-2015-11-12.xml --- 80 218 Thursday, November 12, 2015 Contents Agency Agency for International Development PROPOSED RULES Acquisition Regulation; Various Administrative Changes and Clauses, 69930-69934 2015-27977 Agriculture Agriculture Department See Forest Service See Rural Utilities Service Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Census Employment Inquiry, 69936-69937 2015-28704 Coast Guard Coast Guard RULES Special Local Regulations:

Recurring Marine Events in the Seventh Coast Guard District, 69873-69874 2015-28792 Commerce Commerce Department See Census Bureau See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Report for Chief Compliance Officer of Registrants, 69947-69948 2015-28732 Swap Data Recordkeeping and Reporting Requirements -- Pre-Enactment and Transition Swaps, 69948-69949 2015-28729 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Extension State Plan for Independent Living, etc., 69970 2015-28745 Semi-Annual and Final Reporting Requirements for Discretionary Grant Programs, 69970-69971 2015-28744 Defense Department Defense Department See Navy Department NOTICES U.S. Court of Appeals for the Armed Forces Proposed Rules Changes, 69949-69951 2015-28598 Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Eluxadoline; Placement into Schedule IV, 69861-69864 2015-28718 NOTICES Decisions and Orders:

Christina B. Paylan, M.D., 69979-69982 2015-28727 Perry County Food and Drug, 70084-70114 2015-28723 Education Department Education Department NOTICES Meetings: National Advisory Committee on Institutional Quality and Integrity; Correction, 69953-69954 2015-28746 Employment and Training Employment and Training Administration NOTICES Federal-State Unemployment Compensation Program: Certifications for 2015 under the Federal Unemployment Tax Act, 69982-69983 2015-28710 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Programs:

Standards for Walk-in Coolers and Freezers, 69837-69838 2015-28728 PROPOSED RULES Energy Conservation Standards for Commercial Prerinse Spray Valves: Provisional Analysis Tools; Availability, 69888-69896 2015-28675 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Imperial County Air Pollution Control District, 69876-69880 2015-28756 California; Multiple Districts; Prevention of Significant Deterioration, 69880-69883 2015-28624 New Mexico;

Nonattainment New Source Review Permitting State Implementation Plan Revisions for the City of Albuquerque, Bernalillo County, 69874-69876 2015-28648 Allocations of Cross-State Air Pollution Rule Allowances from New Unit Set-Asides for the 2015 Compliance Year, 69883-69884 2015-28766 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Mobile Source Regulations, 69915-69925 2015-28614 New Mexico, Albuquerque-Bernalillo County; Infrastructure and Interstate Transport SIP 2010 Sulfur Dioxide National Ambient Air Quality Standards, 69925-69930 2015-28353 NOTICES Requests for Nominations:

Local Government Advisory Committee, 69961-69962 2015-28759 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 69846-69852 2015-27449 General Electric Company Turbofan Engines, 69838-69839 2015-28747 The Boeing Company Airplanes, 69839-69846 2015-26616 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 69899-69903 2015-28559 Airbus Defense and Space S.A. (formerly known as Construcciones Aeronauticas, S.A.) Airplanes, 69898-69899 2015-28560 BAE Systems (Operations) Limited Airplanes, 69903-69905 2015-28561 Bombardier, Inc.

Airplanes, 69896-69897 2015-28562 NOTICES Surplus Property Releases: Columbia Metropolitan Airport, Columbia, SC, 70060 2015-28786 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2015-28626 69962-69967 2015-28627 2015-28628 2015-28629 2015-28630 2015-28638 Debarments: Federal Lifeline Universal Service Support Mechanism, 69966-69967 2015-28736 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Factors Considered When Evaluating a Governor's Request for Individual Assistance for a Major Disaster, 70116-70143 2015-28570 Federal Energy Federal Energy Regulatory Commission NOTICES Applications:

National Fuel Gas Supply Corp., Empire Pipeline, Inc.;, 69958-69959 2015-28634 Combined Filings, 69957, 69959-69961 2015-28631 2015-28632 2015-28643 Environmental Assessments; Availability, etc.: Transcontinental Gas Pipe Line Company, LLC, Garden State Expansion Project, 69955-69956 2015-28633 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Cameron Ridge II, LLC, 69961 2015-28639 CEP&G LLC, 69956-69957 2015-28641 East Coast Power and Gas of New Jersey, LLC, 69954-69955 2015-28640 New-Indy Ontario, LLC, 69957-69958 2015-28636 New-Indy Oxnard, LLC, 69958 2015-28637 Proposed Blanket Certificate Activities:

DBM Pipeline, LLC; Withdrawal, 69959 2015-28635 Staff Attendances, 69955 2015-28642 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 69967 2015-28738 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 70067-70074 2015-28740 Epilepsy and Seizure Disorders, 70065-70067 2015-28739 Vision, 70060-70065 2015-28741 Federal Railroad Federal Railroad Administration NOTICES Buy America Waivers, 70074-70077 2015-28708 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 69968 2015-28653 Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 69969 2015-28720 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 69969 2015-28719 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 69969 2015-28722 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies; Correction, 69968-69969 2015-28721 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Senior Executive Service Performance Review Board Member Appointments, 69969-69970 2015-28735 Fiscal Fiscal Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supporting Statement of Ownership for Overdue United States Bearer Securities, 70079 2015-28596 Fish Fish and Wildlife Service NOTICES Screening Forms and Low-Effect Habitat Conservation Plans: San Rafael Ranch; Santa Cruz County, AZ, 69977-69979 2015-28794 Food and Drug Food and Drug Administration PROPOSED RULES Requests for Information: Use of the Term “Natural” in the Labeling of Human Food Products, 69905-69909 2015-28779 NOTICES Meetings:

Endocrinologic and Metabolic Drugs Advisory Committee, 69971-69972 2015-28672 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 70080 2015-28702 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzone Status: H-J Enterprises, Inc./H-J International, Inc. Foreign-Trade Zone 102, St. Louis,, MO, 69937 2015-28760 Reorganizations under Alternative Site Frameworks: Foreign-Trade Zone 191, Palmdale, CA, 69937-69938 2015-28761 Forest Forest Service NOTICES Meetings:

El Dorado County Resource Advisory Committee, 69935 2015-28717 Geological Geological Survey NOTICES Meetings: National Geospatial Advisory Committee, 69979 2015-28730 Health and Human Health and Human Services Department See Community Living Administration See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Infrastructure Protection Gateway Facility Surveys, 69975-69976 2015-28679 Housing Housing and Urban Development Department RULES Changes to Accounting Requirements for the Community Development Block Grants Program, 69864-69873 2015-28700 Industry Industry and Security Bureau RULES Addition and Removal of Certain Persons and Modification of Certain Entries to the Entity List, 69852-69861 2015-28552 Interior Interior Department See Fish and Wildlife Service See Geological Survey International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Steel Grating from the People's Republic of China, 69940-69941 2015-28755 Certain Steel Threaded Rod from the People's Republic of China, 69938-69940 2015-28751 Light-Walled Rectangular Pipe and Tube from Mexico, 69941-69942 2015-28752 Seamless Refined Copper Pipe and Tube from Mexico, 69944-69945 2015-28754 Steel Wire Garment Hangers from the People's Republic of China, 69942-69944 2015-28757 Quarterly Update to Annual Listing of Foreign Government Subsidies on Articles of Cheese Subject to an In-Quota Rate of Duty, 69945 2015-28758 Requests for Nominations:

Advisory Committee on Supply Chain Competitiveness, 69946-69947 2015-28743 Justice Department Justice Department See Drug Enforcement Administration Labor Department Labor Department See Employment and Training Administration See Labor Statistics Bureau See Occupational Safety and Health Administration Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69983-69984 2015-28707 Legal Legal Services Corporation NOTICES Meetings;

Sunshine Act, 69985 2015-28819 National Institute National Institutes of Health NOTICES Charter Renewals: National Cancer Institute, 69973 2015-28592 Meetings: Center for Scientific Review, 69972-69973 2015-28655 National Heart, Lung, and Blood Institute, 2015-28650 2015-28651 2015-28652 2015-28656 2015-28657 2015-28658 2015-28659 69972-69975 2015-28660 2015-28661 National Institute of Environmental Health Sciences, 69975 2015-28654 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States:

Modifications of the West Coast Commercial and Recreational Salmon Fisheries; Inseason Actions #37 through #39, 69885-69887 2015-28674 Inseason Orders: Fraser River Sockeye and Pink Salmon Fisheries, 69884-69885 2015-28673 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 69985-69986 2015-28737 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Hawaii-Southern California Training and Testing, 69952-69953 2015-28748 Navy Atlantic Fleet Training and Testing, 69951-69952 2015-28750 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Combined Licenses:

Nuclear Innovation North America LLC, South Texas Project, Units 3 and 4, 69986 2015-28767 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Digital I and C; Cancellation, 69986-69987 2015-28591 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69984-69985 2015-28762 Postal Regulatory Postal Regulatory Commission NOTICES Amendment to Postal Product, 69987-69988 2015-28703 New Postal Products, 69987 2015-28734 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

World Freedom Day (Proc. 9365), 70145-70148 2015-28912 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 69935-69936 2015-28731 Securities Securities and Exchange Commission NOTICES Applications: Forum Funds and Exceed Advisory LLC, 70019-70021 2015-28694 Good Hill Partners LP and Good Hill ETF Trust, 70002-70006 2015-28796 Legg Mason Partners Fund Advisor, LLC, et al., 69990-69999 2015-28695 Pointbreak Advisers LLC, et al., 70006-70015 2015-28677 Wildermuth Endowment Strategy Fund and Wildermuth Advisory, LLC, 70017-70019 2015-28696 Self-Regulatory Organizations;

Proposed Rule Changes: BOX Options Exchange LLC, 70000-70002 2015-28687 Financial Industry Regulatory Authority, Inc., 2015-28680 70016-70017, 70042-70044 2015-28681 NASDAQ OMX BX, Inc., 2015-28688 69988-69990, 70054-70057 2015-28692 NASDAQ OMX PHLX LLC, 70036-70039 2015-28698 NASDAQ Stock Market LLC, 70030-70036, 70045-70047 2015-28683 2015-28685 2015-28697 New York Stock Exchange LLC, 70021-70024, 70027-70030 2015-28691 2015-28693 NYSE Arca, Inc., 70039-70042, 70044-70045, 70051-70054 2015-28682 2015-28684 2015-28689 NYSE MKT, LLC, 70024-70027, 70047-70051 2015-28686 2015-28690 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 70057-70060 2015-28726 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 70078-70079 2015-28714 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fast Track Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 70077-70078 2015-28716 Treasury Treasury Department See Fiscal Service See Foreign Assets Control Office U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

AABB Accredited Laboratory Testing, Rapid DNA Prototype Accelerated Nuclear DNA Equipment by NetBio, etc., 69976-69977 2015-28701 Veteran Affairs Veterans Affairs Department PROPOSED RULES Ensuring a Safe Environment for Community Residential Care Residents, 69909-69915 2015-28749 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statement of Accredited Representative in Appealed Case, 70081 2015-28615 Meetings: Advisory Committee on Former Prisoners of War, 70080-70081 2015-28725 Advisory Committee on Minority Veterans, 70081 2015-28724 Separate Parts In This Issue Part II Justice Department, Drug Enforcement Administration, 70084-70114 2015-28723 Part III Homeland Security Department, Federal Emergency Management Agency, 70116-70143 2015-28570 Part IV Presidential Documents, 70145-70148 2015-28912 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 80 218 Thursday, November 12, 2015 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket Number EERE-2008-BT-STD-0015] RIN 1904-AB86 Energy Conservation Program: Energy Conservation Standards for Walk-In Coolers and Freezers AGENCY:

Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Final rule; technical amendment. SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as amended, requires the Department of Energy (DOE), among other things, to prescribe performance-based energy conservation standards for walk-in coolers and walk-in freezers. On June 3, 2014, DOE complied with this requirement. Recent litigation regarding these standards resulted in a settlement agreement between DOE and the other parties to that litigation.

Consistent with the parties' settlement agreement, the United States Court of Appeals for the Fifth Circuit subsequently vacated six specific standards set forth in the June 2014 rule. DOE is amending the CFR to reflect the court's order vacating the six standards found in DOE's regulations pertaining to certain refrigeration systems used in walk-in cooler and walk-in freezer applications. DATES: This action is effective on November 12, 2015. However, the court order had legal effect immediately upon its filing on August 10, 2015.

Compliance with the remaining standards from the June 2014 final rule that were not vacated by the court order continues to be required on June 5, 2017. FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:

(202)586-6590. Email: *Ashley.Armstrong@ee.doe.gov.* Mr. Michael Kido, U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:

(202)586-8145. Email: *Michael.Kido@hq.doe.gov.* SUPPLEMENTARY INFORMATION: DOE published a final rule, 79 FR 32050 (June 3, 2014), that set nineteen energy conservation standards pertaining to walk-in coolers and walk-in freezers (collectively, “walk-ins” or “WICFs”). A walk-in, at its basic level, is a refrigerated box, with a total chilled storage area of less than 3,000 square feet. The standards promulgated by DOE pertained to the primary components that comprise a walk-in— *i.e.* panels, doors, and the refrigeration systems. The panels and doors of a walk-in comprise the box, while the refrigeration system provides the cooling air to cool the interior of the box. The Air-Conditioning, Heating and Refrigeration Institute (“AHRI”) and Lennox International, Inc. (a manufacturer of WICF refrigeration systems) filed petitions for review of DOE's final rule and DOE's subsequent denial of a petition for reconsideration of the rule with the United States Court of Appeals for the Fifth Circuit. *Lennox Int'l, Inc.* v. *Dep't of Energy,* Case No. 14-60535 (5th Cir.). A number of other WICF refrigeration system manufacturers—Rheem Manufacturing Co., Heat Transfer Products Group, and Hussmann Corp.—along with the Air Conditioning Contractors of America (a trade association representing contractors who install WICF refrigeration systems) intervened on the petitioners' behalf, while the Natural Resources Defense Council—representing itself, the American Council for an Energy-Efficient Economy, and the Texas Ratepayers' Organization to Save Energy—intervened on behalf of DOE. As a result of this litigation, a settlement agreement was reached to address, among other things, six of the refrigeration system standards. The controlling court order from the Fifth Circuit, which was issued on August 10, 2015, vacates those six standards. These vacated standards relate to

(1)the two energy conservation standards applicable to multiplex condensing refrigeration systems operating at medium and low temperatures and

(2)the four energy conservation standards applicable to dedicated condensing refrigeration systems operating at low temperatures. *See* 10 CFR 431.306(e) (codifying these six standards, together with four distinct standards applicable to dedicated condensing refrigeration systems operating at medium temperatures). The final rule on review also established thirteen other energy conservation standards applicable to other components of walk-in coolers and walk-in freezers:

(1)Four standards applicable to dedicated condensing refrigeration systems operating at medium temperatures;

(2)three standards applicable to panels; and

(3)six standards applicable to doors. *See* 79 FR at 32051-32052 (Table I.1) and 32123-32124 (codified at 10 CFR 431.306(a), (c)-(e)). These standards have not been vacated and remain subject to the June 5, 2017 compliance date prescribed by the June 2014 final rule. This final rule is not subject to the requirement to provide prior notice and an opportunity for public comment pursuant to 5 U.S.C. 553(b)(B). DOE finds good cause to waive the requirement to provide prior notice and an opportunity for public comment as such procedure is unnecessary. DOE must comply with the order of a Federal court, and has no discretion to do otherwise. In implementation of that order, DOE is vacating

(1)the two energy conservation standards applicable to multiplex condensing refrigeration systems operating at medium and low temperatures and

(2)the four energy conservation standards applicable to dedicated condensing refrigeration systems operating at low temperatures. Comments suggesting any other course would serve no useful purpose. DOE notes it is also actively engaged in a negotiated rulemaking to address the standards for these six classes of refrigeration systems. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this final rule. List of Subjects in 10 CFR Part 431 Administrative practice and procedure, Confidential business information, Energy conservation, Reporting and recordkeeping requirements. Issued in Washington, DC, on November 4, 2015. Kathleen B. Hogan, Deputy Assistant Secretary, Energy Efficiency and Renewable Energy. For the reasons stated in the preamble, DOE amends part 431 of chapter II, subchapter D, of title 10 of the Code of Federal Regulations, as set forth below: PART 431—ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND INDUSTRIAL EQUIPMENT 1. The authority citation for part 431 continues to read as follows: Authority: 42 U.S.C. 6291-6317. 2. Section 431.306 is amended by revising paragraph

(e)to read as follows: § 431.306 Energy conservation standards and their effective dates.

(e)*Walk-in cooler and freezer refrigeration systems.* All walk-in cooler and walk-in freezer refrigeration systems manufactured starting on June 5, 2017, must satisfy the following standards: Class descriptor Class Equations for minimum AWEF (Btu/W-h) Dedicated Condensing, Medium Temperature, Indoor System, <9,000 Btu/h Capacity DC.M.I, <9,000 5.61 Dedicated Condensing, Medium Temperature, Indoor System, ≥9,000 Btu/h Capacity DC.M.I, ≥9,000 5.61 Dedicated Condensing, Medium Temperature, Outdoor System, <9,000 Btu/h Capacity DC.M.O, <9,000 7.60 Dedicated Condensing, Medium Temperature, Outdoor System, ≥9,000 Btu/h Capacity DC.M.O, ≥9,000 7.60 [FR Doc. 2015-28728 Filed 11-10-15; 8:45 am]

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