19902 Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations 

IV. Statutory Basis and Text of the Rule 

This amendment to the Commission’s 

ethics rules is being adopted pursuant to 

statutory authority granted to OGE and 

to the Commission. These include 

5 U.S.C. 7301; 5 U.S.C. App. (Ethics in 

Government Act of 1978); section 19 of 

the Securities Act of 1933, 15 U.S.C. 

77s; section 23 of the Securities 

Exchange Act of 1934, 15 U.S.C. 78w; 

section 319 of the Trust Indenture Act 

of 1939, 15 U.S.C. 77sss; section 40 of 

the Investment Company Act of 1940, 

15 U.S.C. 80a–39; and section 211 of the 

Investment Advisers Act of 1940, 15 

U.S.C. 80b–11. 

List of Subjects in 5 CFR Part 4401 

Administrative practice and 

procedure, Conduct and ethics. 

For the reasons set out in the 

preamble, Title 5, Chapter XXXIV of the 

Code of Federal Regulations is amended 

as follows: 

PART 4401—SUPPLEMENTAL 

STANDARDS OF ETHICAL CONDUCT 

FOR MEMBERS AND EMPLOYEES OF 

THE SECURITIES AND EXCHANGE 

COMMISSION 

■ 1. The authority citation for part 4401 

continues to read as follows: 

Authority: 5 U.S.C. 7301; 5 U.S.C. App. 

(Ethics in Government Act of 1978); E.O. 

12674, 54 FR 15159; 3 CFR 1989 Comp., p. 

215, as modified by E.O. 12731, 55 FR 42547; 

3 CFR, 1990 Comp., p. 306; 5 CFR 2635.105, 

2635.403, 2635.803; 15 U.S.C. 77s, 78w, 

77sss, 80a–37, 80b–11. 

■ 2. Section 4401.103 is amended by: 

■ a. Removing and reserving paragraph 

(c)(1)(ii); 

■ b. Revising paragraph (c)(1)(iii); 

■ c. Removing paragraph (d); and 

■ d. Redesignating paragraph (e) as 

paragraph (d). 

The revision reads as follows: 

§ 4401.103 Outside employment and 

activities. 

* * * * * 

(c) * * * 

(1) * * * 

(iii) No employee shall undertake the 

following types of employment or 

activities: 

(A) Employment with any entity 

regulated by the Commission; 

(B) Employment or any activity 

directly or indirectly related to the 

issuance, purchase, sale, investment or 

trading of securities or futures on 

securities or a group of securities, 

except this prohibition does not apply 

to securities holdings or transactions 

permitted by § 4401.102; 

(C) Employment otherwise involved 

with the securities industry; or 

(D) Employment otherwise in 

violation of any applicable law, rule or 

regulation. 

* * * * * 

Dated: April 4, 2011. 

By the Commission. 

Elizabeth M. Murphy, 

Secretary. 

Robert I. Cusick, 

Director, Office of Government Ethics. 

[FR Doc. 2011–8485 Filed 4–8–11; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2008–BT–TP–0020] 

RIN 1904–AB89 

Energy Conservation Program for 

Consumer Products: Decision and 

Order Granting 180-Day Extension of 

Compliance Date for Residential 

Furnaces and Boilers Test Procedure 

Amendments; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and order; correction 

SUMMARY: On March 31, 2011, the U.S. 

Department of Energy (DOE) published 

a Decision and Order in the Federal 

Register which granted 27 companies 

submitting petitions before the required 

date (i.e., by February 17, 2011), a 180- 

day extension of the compliance date for 

recent amendments to the DOE test 

procedure for residential furnaces and 

boilers related to the standby mode and 

off mode energy consumption of these 

products. Recently, DOE received a 

petition dated February 17, 2011 from a 

28th manufacturer, Viessmann 

Manufacturing Company, Inc., in which 

the manufacturer also requested the 

above-referenced 180-day extension. 

Although DOE received this petition 

well after February 17, 2011, the 

Department believes a number of 

factors, including international postal 

handling and Federal mail security 

screening, contributed to the delay in 

receipt of this petition. After review, 

DOE has decided to grant the petition. 

However, DOE was not able to include 

its determination regarding this petition 

in its March 31, 2011 Decision and 

Order, because publication was already 

underway. Through this correction 

notice, DOE is modifying its Decision 

and Order to add Viessmann 

Manufacturing Company, Inc., to the list 

of companies to whom the extension of 

the compliance date has been granted. 

DATES: This correction to the abovereferenced Decision and Order is 

effective April 11, 2011. For 

representation purposes, petitioners 

must comply with all applicable 

provisions of the amended DOE test 

procedure for residential furnaces and 

boilers starting on October 15, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

Michael.Raymond@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. E-mail: 

Eric.Stas@hq.doe.gov. 

For information on how to access the 

docket or to view hard copies of the 

docket in the Resource Room, contact 

Ms. Brenda Edwards, 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) 586–2945. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 31, 2011, DOE published a 

notice in the Federal Register (76 FR 

17755) which announced receipt of 

petitions requesting a 180-day extension 

of the April 18, 2011 compliance date 

for representations associated with 

amendments to the DOE test procedure 

for residential furnaces and boilers in 

the October 20, 2010 final rule (75 FR 

64621) from the following 27 

companies: (1) Adams Manufacturing 

Company; (2) Allied Air Enterprises; (3) 

Bard Manufacturing Co. Inc.; (4) 

Boyertown Furnace; (5) Carrier 

Corporation; (6) Crown Boiler; (7) De 

Dietrich Boilers; (8) ECR International 

Inc.; (9) Goodman Manufacturing 

Company; (10) HTP Inc.; (11) Johnson 

Controls Inc.; (12) Laars Heating 

Systems Company; (13) Lennox 

International Inc.; (14) Lochinvar; (15) 

Newmac Furnace Company; (16) New 

Yorker Residential Heating Boilers; (17) 

Nordyne; (18) NY Thermal Inc.; (19) 

Peerless Boilers Heat LLC; (20) Raypak 

Inc.; (21) Rheem Manufacturing 

Company; (22) Slant/Fin; (23) Thermo 

Products LLC; (24) Trane; (25) Triangle 

Tube; (26) US Boiler Company; and (27) 

Weil-McLain. 

In the same March 31, 2011 Federal 

Register notice, DOE published a 

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Federal Register / Vol. 76, No. 69 / Monday, April 11, 2011 / Rules and Regulations 19903 

Decision and Order which granted to 

the above 27 petitioners the requested 

180-day extension of the compliance 

date for recent amendments to the DOE 

test procedure for residential furnaces 

and boilers related to the standby mode 

and off mode energy consumption of 

these products. 

Recently, DOE received a petition 

dated February 17, 2011 from a 28th 

manufacturer, Viessmann 

Manufacturing Company, Inc., in which 

the manufacturer also requested the 

above-referenced 180-day extension. 

Viessmann Manufacturing Company’s 

petition recited many of the same 

arguments as the earlier petitioners 

regarding the undue hardship which the 

petitioner would face if the requested 

extension of the compliance date were 

not granted. DOE has determined that 

the petitioner has made its case and that 

the extension should be granted for the 

reasons stated in the March 31, 2011 

Decision and Order. 

II. Conclusion 

Although DOE received this petition 

well after February 17, 2011, the 

Department believes a number of 

factors, including international postal 

handling and Federal mail security 

screening, contributed to this delay in 

receipt of the petition from this 28th 

manufacturer. After review, DOE has 

decided to grant the petition. Through 

this correction notice, DOE is modifying 

its Decision and Order to add 

Viessmann Manufacturing Company, 

Inc., to the list of companies to whom 

the extension of the compliance date 

has been granted. 

Issued in Washington, DC, on April 5, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–8572 Filed 4–8–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE310; Special Conditions No. 

23–250–SC 

Special Conditions: Diamond Aircraft 

Industry Model DA–40NG; Diesel Cycle 

Engine 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Diamond Aircraft 

Industry (DAI) GmbH model DA–40NG 

the Austro Engine GmbH model E4 

aircraft diesel engine (ADE) using 

turbine (jet) fuel. This airplane will have 

a novel or unusual design feature(s) 

associated with the installation of a 

diesel cycle engine utilizing turbine (jet) 

fuel. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: The effective date of these 

special conditions is April 1, 2011. 

We must receive your comments by 

May 11, 2011. 

ADDRESSES: Mail two copies of your 

comments to: Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attn: Rules Docket No. CE310, 

901 Locust, Kansas City, MO 64106. 

You may deliver two copies to the 

Regional Counsel at the above address. 

Mark your comments: Docket No. 

CE310. You may inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Peter L. Rouse, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, ACE–111, 901 Locust, Kansas 

City, Missouri, 816–329–4135, fax 816– 

329–4090. 

SUPPLEMENTARY INFORMATION: The FAA 

has determined that notice and 

opportunity for prior public comment 

hereon are impracticable because these 

procedures would significantly delay 

issuance of the design approval and 

thus delivery of the affected aircraft. In 

addition, the substance of these special 

conditions has been subject to the 

public comment process in several prior 

instances with no substantive comments 

received. The FAA therefore finds that 

good cause exists for making these 

special conditions effective upon 

issuance. 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

about these special conditions. You can 

inspect the docket before and after the 

comment closing date. If you wish to 

review the docket in person, go to the 

address in the ADDRESSES section of this 

preamble between 7:30 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. 

We will consider all comments we 

receive by the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want us to let you know we 

received your comments on these 

special conditions, send us a preaddressed, stamped postcard on which 

the docket number appears. We will 

stamp the date on the postcard and mail 

it back to you. 

Background 

On May 11, 2010 Diamond Aircraft 

Industry GmbH applied for an 

amendment to Type Certificate No. 

A47CE to include the new Model DA– 

40NG with the Austro Engine GmbH 

Model E4 ADE. The Model DA–40NG, 

which is a derivative of the model DA– 

40 currently approved under Type 

Certificate No. A47CE, is a fully 

composite, four place, single-engine 

airplane with a cantilever low wing, 

T-tail airplane with the Austro Engine 

GmbH Model E4 diesel engine and an 

increased maximum takeoff gross 

weight from 1150 kilograms (kg) to 1280 

kg (2535 pounds (lbs) to 2816 lbs). 

In anticipation of the reintroduction 

of diesel engine technology into the 

small airplane fleet, the FAA issued 

Policy Statement PS–ACE100–2002–004 

on May 15, 2004, which identified areas 

of technological concern. Refer to this 

policy for a detailed summary of the 

FAA’s development of diesel engine 

requirements. 

The general areas of concern involve 

the power characteristics of the diesel 

engines, the use of turbine fuel in an 

airplane class that is typically powered 

by gasoline fueled engines and the 

vibration characteristics and failure 

modes of diesel engines. A review of the 

historical record of diesel engine use in 

aircraft and part 23 identified these 

concerns. The review identified specific 

regulatory areas requiring evaluation for 

applicability to diesel engine 

installations. These concerns are not 

considered universally applicable to all 

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