Unknown. Notification of administrative stay
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/register/2017/07/13/2017-14473·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-2017-07-13.xml --- 82 133 Thursday, July 13, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32366-32368 2017-14703 Patient Safety Organizations; Delistings: Catholic Health Initiatives Patient Safety Organization, LLC, 32370-32371 2017-14702 Requests for Supplemental Evidence and Data Submissions: Stroke Prevention in Atrial Fibrillation Patients:
Systematic Review Update, 32368-32370 2017-14701 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32316-32317 2017-14681 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32441-32443 2017-14710 Animal Animal and Plant Health Inspection Service NOTICES Environmental Assessments;
Availability, etc.: Biological Control of Swallow-Worts, 32318 2017-14695 Release of Three Parasitoids for Biological Control of Lily Leaf Beetle, 32317-32318 2017-14694 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32322-32324 2017-14726 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Wholesale Trade Survey, 32325 2017-14724 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs:
Reform of Requirements for Long-Term Care Facilities, 32256-32260 2017-14646 Chemical Chemical Safety and Hazard Investigation Board NOTICES Meetings; Sunshine Act, 32322 2017-14864 Coast Guard Coast Guard RULES Safety Zones: Captain of the Port Lake Michigan Zone—Miesfeld's Lakeshore Weekend Fireworks, Sheboygan, WI, 32242 2017-14729 Captain of the Port Lake Michigan Zone—Sturgeon Bay Yacht Club Evening on Bay Fireworks, 32246-32247 2017-14688 Cleveland Parade of Lights Boat Parade, Cuyahoga River, Cleveland, OH, 32247-32249 2017-14697 Cleveland Triathlon Swim Event, Lake Erie, Cleveland, OH, 32242-32244 2017-14679 Oswego County Paddlefest, Oswego River, Oswego, NY, 32244-32246 2017-14691 Special Local Regulations:
Wheeling Dragon Boat Race, Ohio River Miles 90.4-91.5, 32241-32242 2017-14684 NOTICES Meetings: Merchant Mariner Medical Advisory Committee, 32372-32373 2017-14682 Commerce Commerce Department See Census Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32345-32346 2017-14647 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application Package for Renewal of Disaster Response Cooperative Agreement, 32346-32347 2017-14728 Defense Department Defense Department See Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32347-32349 2017-14658 2017-14674 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2017-18 National Postsecondary Student Aid Study Administrative Collection, 32350-32351 2017-14678 2018-2019 Free Application for Federal Student Aid, 32351-32353 2017-14676 Middle Grades Longitudinal Study of 2017-18 Main Study Base Year, Operational Field Test First Follow-up, and Tracking and Recruitment for Main Study First Follow-up, 32353-32354 2017-14677 William D.
Ford Federal Direct Loan Program, Federal Direct PLUS Loan Request for Supplemental Information, 32349-32350 2017-14680 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps, 32227-32228 2017-14473 Environmental Protection Environmental Protection Agency RULES State Hazardous Waste Management Program Revisions; Final Authorizations: Louisiana, 32253-32256 2017-14766 Oklahoma, 32249-32253 2017-14774 PROPOSED RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Arkansas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan; Revision of Federal Implementation Plan, 32284-32287 2017-14692 Louisiana; Regional Haze State Implementation Plan, 32294-32301 2017-14693 Utah; General Burning Rule Revisions, 32282-32284 2017-14739 Utah; Salt Lake County and Utah County Nonattainment Area Coarse Particulate Matter State Implementation Plan Revisions to Control Measures for Point Sources, 32287-32294 2017-14748 Authorization of State Hazardous Waste Management Programs:
Washington; Revisions, 32305-32312 2017-14733 Designated Facilities State Implementation Plans; Approvals and Promulgations: New Jersey; Delegation of Authority, 32301-32303 2017-14744 State Hazardous Waste Management Program Revisions; Final Authorizations: Louisiana, 32304 2017-14764 Oklahoma, 32303-32304 2017-14773 NOTICES National Pollutant Discharge Elimination System General Permits: Stormwater Discharges from Small Municipal Separate Storm Sewer Systems in Massachusetts;
Postponement of Effective Date, 32357-32359 2017-14731 Privacy Act; System of Records, 32359-32361 2017-14749 Public Water Supply Supervision Program; Revisions: Alaska, 32359 2017-14758 Federal Aviation Federal Aviation Administration RULES Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 32228-32232 2017-14519 2017-14521 NOTICES Noise Compatibility Programs: Akron-Canton Airport, North Canton, OH, 32438-32439 2017-14637 Petitions for Exemptions;
Summaries, 32437-32438 2017-14649 2017-14715 Federal Communications Federal Communications Commission RULES Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees, 32260-32261 2017-14644 NOTICES Meetings: Open Commission, 32361-32362 2017-14713 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 32354-32357 2017-14652 2017-14653 2017-14675 Declaratory Orders; Petitions: Nogales Transmission, LLC; Nogales Frontier Operations, LLC, 32356 2017-14654 License Applications:
Walden Hydro, LLC, 32357 2017-14656 Qualifying Conduit Hydropower Facilities: North Table Mountain Water and Sanitation District, 32355-32356 2017-14705 Federal Motor Federal Motor Carrier Safety Administration NOTICES Hours of Service of Drivers; Exemption Applications: Rail Delivery Services; Correction, 32439 2017-14689 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32439-32440 2017-14683 Fish Fish and Wildlife Service NOTICES Permit Applications:
Foreign Endangered and Threatened Species, 32374-32376 2017-14673 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Special Supplemental Nutrition Program for Women, Infants, and Children Farmers' Market Nutrition Program Program Regulations: Reporting and Record-keeping Burden, 32318-32322 2017-14623 General Services General Services Administration NOTICES Federal Management Regulations: Effective Federal Warehousing—Notification, Federal Warehousing and Storage of Assets, 32362 2017-14736 Gulf Coast Ecosystem Restoration Council Gulf Coast Ecosystem Restoration Council NOTICES Draft 2017 Funded Priorities List:
Comprehensive Commitment and Planning Support, 32362-32366 2017-14690 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES World Trade Center Health Program: Parkinson's Disease and Parkinsonism, Including Manganese-Induced Parkinsonism; Petitions 016 and 017 for Additions of Health Conditions:
Finding of Insufficient Evidence, 32312-32315 2017-14559 Health Resources Health Resources and Services Administration NOTICES Charter Renewals: Advisory Committee on Training in Primary Care Medicine and Dentistry, 32371 2017-14648 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Manufactured Home Construction and Safety Standards Act Reporting Requirements, 32373-32374 2017-14626 Interior Interior Department See Fish and Wildlife Service Internal Revenue Internal Revenue Service PROPOSED RULES Transactions Involving Transfer of No Net Value, 32281-32282 2017-14723 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain In-Shell
(Raw)Pistachios from Islamic Republic of Iran, 32325-32326 2017-14707 International Trade Com International Trade Commission NOTICES Complaints: Certain Recombinant Factor IX Products, 32377-32378 2017-14650 Investigations; Determinations, Modifications, and Rulings, etc.: Softwood Lumber from Canada, 32376-32377 2017-14718 Justice Department Justice Department See Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Firearms Transaction Record/Registro de Transaccion de Armas, 32378-32379 2017-14687 Justice Programs Justice Programs Office NOTICES Minimum Scheme Requirements to Certify Criminal Justice Restraints, 32379-32381 2017-14638 NASA National Aeronautics and Space Administration NOTICES Meetings: Ad Hoc Task Force on STEM Education, 32381 2017-14711 National Institute National Institute of Standards and Technology NOTICES Meetings: National Advisory Committee on Windstorm Impact Reduction, 32326-32328 2017-14719 National Institute National Institutes of Health NOTICES Meetings: National Institute of Allergy and Infectious Diseases, 32371-32372 2017-14641 National Institute of Neurological Disorders and Stroke, 32372 2017-14642 Task Force on Research Specific to Pregnant Women and Lactating Women, 32372 2017-14643 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Sablefish in Bering Sea Subarea of Bering Sea and Aleutian Islands Management Area, 32262 2017-14686 NOTICES Fisheries of Exclusive Economic Zone Off Alaska: Bering Sea and Aleutian Islands Crab Rationalization Cost Recovery Program, 32329-32330 2017-14720 Meetings: Mid-Atlantic Fishery Management Council, 32344 2017-14622 Permit Applications: Marine Mammals; File No. 21006, 32344-32345 2017-14714 Permits: Marine Mammals; File No. 20556, 32328-32329 2017-14635 Marine Mammals; File No. 21059, 32328 2017-14640 Takes of Marine Mammals Incidental to Specified Activities: Site Characterization Surveys off Coast of New York, 32330-32344 2017-14699 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Environmental Research and Education, 32381 2017-14700 Meetings; Sunshine Act, 32381-32382 2017-14779 Navy Navy Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32349 2017-14651 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Amendment Applications: Lost Creek ISR, LLC, Lost Creek Uranium In-Situ Recovery Project Sweetwater County, WY, 32382-32386 2017-14672 Personnel Personnel Management Office PROPOSED RULES Administrative Leave, Investigative Leave, Notice Leave, and Weather and Safety Leave, 32263-32281 2017-14712 Postal Service Postal Service NOTICES Product Changes: Parcel Select Negotiated Service Agreement, 32386 2017-14633 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Options Exchange, LLC, 32402-32404 2017-14661 Depository Trust Co., 32406-32409, 32417-32419 2017-14665 2017-14668 Depository Trust Co.; National Securities Clearing Corp.; Fixed Income Clearing Corp., 32399-32402 2017-14671 Financial Industry Regulatory Authority, Inc., 32419-32431 2017-14667 NASDAQ BX, Inc., 32415-32417 2017-14662 Nasdaq ISE, LLC, 32392-32394, 32409-32413 2017-14663 2017-14664 NASDAQ PHLX, LLC, 32404-32406 2017-14660 NASDAQ Stock Market, LLC, 32386-32392, 32394-32396 2017-14659 2017-14666 New York Stock Exchange, LLC, 32413-32415 2017-14669 New York Stock Exchange, LLC; NYSE MKT, LLC, 32396-32399 2017-14670 Small Business Small Business Administration NOTICES Major Disaster Declarations: Oklahoma, 32431 2017-14708 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 32431-32436 2017-14722 State Department State Department NOTICES Meetings: Advisory Committee on Private International Law, 32436-32437 2017-14727 Surface Transportation Surface Transportation Board NOTICES Senior Executive Service Performance Review Board and Executive Resources Board Membership, 32437 2017-14721 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Internal Revenue Service NOTICES Interest Rate Paid on Cash Deposited to Secure U.S. Immigration and Customs Enforcement Immigration Bonds, 32444 2017-14634 Meetings: Advisory Committee on Risk-Sharing Mechanisms, 32443-32444 2017-14636 Customs U.S. Customs and Border Protection RULES Electronic Information for Cargo Exported from United States; Technical Amendments, 32232-32241 2017-14549 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vetbiz Vendor Information Pages Verification Program, 32444-32445 2017-14696 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 133 Thursday, July 13, 2017 Rules and Regulations DEPARTMENT OF ENERGY 10 CFR Parts 429 and 430 [EERE-2016-BT-TP-0029] RIN 1904-AD71 Energy Conservation Program: Test Procedures for Central Air Conditioners and Heat Pumps AGENCY: Office of the General Counsel, Department of Energy. ACTION: Notification of administrative stay. SUMMARY: The Department of Energy
(DOE)has postponed the effectiveness of certain provisions of a final rule, published in the **Federal Register** on January 5, 2017, that amends the test procedure and specific certification, compliance, and enforcement provisions for central air conditioners and heat pumps. Specifically, DOE postponed the effectiveness of two provisions of a recently issued rule that require outdoor unit models to be tested under the outdoor unit with no match if they meet either of the two following conditions: The outdoor unit is approved for use with a refrigerant that has a 95 °F midpoint saturation absolute pressure that is +/− 18 percent of the 95 °F saturation absolute pressure for HCFC-22; or the unit is shipped requiring the addition of more than two pounds of refrigerant to meet the charge required for testing under the rule and the factory charge is not equal to or greater than 70% of the outdoor unit internal volume times the liquid density of refrigerant at 95 °F. DATES: As of July 3, 2017, the effectiveness of certain provisions of 10 CFR 429.16(a)(3)(i) was postponed under 5 U.S.C. 705. FOR FURTHER INFORMATION CONTACT: Mr. Pete Cochran, U.S. Department of Energy, Office of the General Counsel, 1000 Independence Ave. SW., Washington, DC 20585-0121. Phone:
(202)586-9496. Email: *Peter.Cochran@hq.doe.gov* . SUPPLEMENTARY INFORMATION: Background On January 5, 2017, DOE published a final rule (January 2017 final rule) amending the test procedure and certification, compliance, and enforcement provisions for central air conditioners and heat pumps (CAC/HP). 82 FR 1426. Among other changes, the January 2017 final rule added a paragraph at 10 CFR 429.16(a)(3)(i) that requires, among other things:
(1)If any of the refrigerants approved for use with an outdoor unit model is HCFC-22 or has a 95 °F midpoint saturation absolute pressure that is +/− 18 percent of the 95 °F saturation absolute pressure for HCFC-22, or if there are no refrigerants designated as approved for use, a manufacturer to determine represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as applicable) for, at a minimum, an outdoor unit with no match; and
(2)if a model of outdoor unit is not charged with a specified refrigerant from the point of manufacture or if the unit is shipped requiring the addition of more than two pounds of refrigerant to meet the charge required for testing per section 2.2.5 of appendix M or appendix M1 (unless either
(a)the factory charge is equal to or greater than 70% of the outdoor unit internal volume times the liquid density of refrigerant at 95 °F or
(b)an A2L refrigerant is approved for use and listed in the certification report), a manufacturer to determine represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as applicable) for, at a minimum, an outdoor unit with no match. The original effective date of the January 2017 final rule was February 6, 2017. Subsequently, DOE delayed the effective date of the January 2017 final rule until March 21, 2017 (82 FR 8985), and then further delayed the effective date until July 5, 2017 (82 FR 14425; 82 FR 15457). On March 3, 2017, Johnson Controls, Inc.
(JCI)filed a petition for review of the January 2017 final rule in the United States Court of Appeals for the Seventh Circuit. JCI manufactures outdoor units with an approved refrigerant that has a 95 °F midpoint saturation absolute pressure that is +/− 18 percent of the 95 °F saturation absolute pressure for HCFC-22. These same models are also shipped requiring the addition of more than two pounds of refrigerant to meet the charge required for testing per section 2.2.5 of appendix M or appendix M1, and the factory charge is not equal to or greater than 70% of the outdoor unit internal volume times the liquid density of refrigerant at 95 °F. Thus, under either of the two provisions at 10 CFR 429.16(a)(3)(i), these models would need to be tested as outdoor units with no match under appendix M or M1. On May 31, 2017, JCI requested that DOE grant it an administrative stay pending judicial review of two elements of the January 2017 final rule challenged in the Seventh Circuit case: The requirements that a manufacturer determine represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as applicable) for, at a minimum, an outdoor unit with no match, when testing outdoor unit models that are either:
(1)Approved for a refrigerant that has a 95 °F midpoint saturation absolute pressure that is +/− 18 percent of the 95 °F saturation absolute pressure for HCFC-22; or
(2)shipped requiring the addition of more than two pounds of refrigerant to meet the charge required for testing per section 2.2.5 of appendix M or Appendix M1, and the factory charge is not equal to or greater than 70% of the outdoor unit internal volume times the liquid density of refrigerant at 95 °F. On June 6, 2017, JCI requested that DOE hold its stay request in abeyance, noting that DOE's June 2, 2017, grant of an 180-day extension of the date by which JCI must comply with the two provisions specified above obviated the need for an immediate grant of an administrative stay. Administrative Stay and Effectiveness Under the Administrative Procedure Act (5 U.S.C. 705), “[w]hen an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review.” The result of the issuance of a stay is to leave in place the status quo. DOE has determined that, during the pendency of the lawsuit brought by JCI, it is in the interests of justice to postpone the effectiveness of the provisions of the January 2017 final rule that require a manufacturer to determine represented values (including SEER, EER, HSPF, SEER2, EER2, HSPF2, PW, OFF, cooling capacity, and heating capacity, as applicable) for, at a minimum, an outdoor unit with no match, when testing outdoor unit models that are either:
(1)Approved for a refrigerant that has a 95 °F midpoint saturation absolute pressure that is +/− 18 percent of the 95 °F saturation absolute pressure for HCFC-22; or
(2)shipped requiring the addition of more than two pounds of refrigerant to meet the charge required for testing per section 2.2.5 of appendix M or appendix M1, and the factory charge is not equal to or greater than 70% of the outdoor unit internal volume times the liquid density of refrigerant at 95 °F. DOE has determined to postpone the effectivenes of these provisions based on JCI's submissions to DOE that raise concerns about significant potential impacts on JCI, and further to ensure all manufacturers of central air conditioners and heat pumps have the same relief granted to JCI. Issued in Washington, DC, on July 3, 2017. George Fibbe, Deputy General Counsel for Litigation, Regulation and Enforcement. [FR Doc. 2017-14473 Filed 7-12-17; 8:45 am]
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