63210 Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 

or financial dependents. (1) An ICE 

employee shall notify in writing his or 

her agency designee when any of the 

following circumstances exist: 

(i) The spouse of the ICE employee is 

employed in a position that the ICE 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; 

(ii) A relative (as defined in 5 CFR 

2634.105(o)) who is financially 

dependent on or who is a member of the 

household of the ICE employee is 

employed in a position that the ICE 

employee would be prohibited from 

occupying by paragraph (a) of this 

section; or 

(iii) Any person, other than the 

spouse or relative of the ICE employee, 

who is financially dependent on or who 

is a member of the household of the ICE 

employee, is employed in a position 

that the ICE employee would be 

prohibited from occupying by paragraph 

(a) of this section. 

(2) The ICE employee shall be 

disqualified from participating in an 

official capacity in any particular matter 

involving the individuals described in 

paragraph (b)(1) of this section or the 

employer thereof, unless the agency 

designee, with the advice and clearance 

of the ICE Chief Deputy Ethics Official, 

authorizes the ICE employee to 

participate in the matter using the 

standard in 5 CFR 2635.502(d), or the 

waiver provisions in 18 U.S.C. 208(b)(1), 

as appropriate. 

§ 4601.107 Prohibited purchases of 

property. 

(a) General prohibition. Except as 

provided in paragraph (c) of this 

section, no DHS employee may 

purchase, directly or indirectly, 

property that is: 

(1) Owned by the Federal Government 

and under the control of the employee’s 

agency, unless the sale of the property 

is being conducted by the General 

Services Administration; or 

(2) Seized or forfeited under the 

direction or incident to the functions of 

the employee’s agency. 

(b) For purposes of this section, the 

employee’s agency is the relevant 

separate agency component as set forth 

in § 4601.102 of this part. 

(c) Waiver. Employees may make a 

purchase prohibited by paragraph (a) of 

this section where a written waiver of 

the prohibition is issued in advance by 

the agency designee with the clearance 

of the DAEO or his designee. A waiver 

may only be granted if it is not 

otherwise prohibited by law or 

regulation and the purchase of the 

property will not cause a reasonable 

person with knowledge of the particular 

circumstances to question the 

employee’s impartiality, or create the 

appearance that the employee has used 

his official position or nonpublic 

information for his personal gain. 

§ 4601.108 Reporting waste, fraud, abuse 

and corruption. 

Employees shall report immediately 

any suspicions of violations of law or 

regulation involving Department of 

Homeland Security programs or 

operations to appropriate authorities, 

such as the Office of the Inspector 

General. 

Janet Napolitano, 

Secretary, Department of Homeland Security. 

Don W. Fox, 

Acting Director, Office of Government Ethics. 

[FR Doc. 2011–26160 Filed 10–11–11; 8:45 am] 

BILLING CODE 9110–9B–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 71, 77, 78, and 90 

[Docket No. APHIS–2010–0125] 

Secretary’s Advisory Committee on 

Animal Health; Meeting 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of public meeting. 

SUMMARY: This is a notice to inform the 

public of an upcoming meeting of the 

Secretary’s Advisory Committee on 

Animal Health. The meeting is 

organized by the Animal and Plant 

Health Inspection Service to discuss 

matters of animal health. 

DATES: The meeting will be held 

November 1 and 2, 2011, from 9 a.m. to 

5 p.m. each day. 

ADDRESSES: The meeting will be held in 

the United States Access Board 

conference room, 1331 F Street, NW., 

Suite 800, Washington, DC 20004. 

Opportunities for participation are 

described in the Supplementary 

Information section of this notice. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Michael R. Doerrer, Chief Operating 

Officer, Veterinary Services, APHIS, 

USDA, 4700 River Road, Unit 37, 

Riverdale, MD 20737; (301) 734–5034; 

e-mail: 

SACAH.Management@aphis.usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Secretary’s Advisory Committee on 

Animal Health (the Committee) advises 

the Secretary of Agriculture on matters 

of animal health, including means to 

prevent, conduct surveillance on, 

monitor, control, or eradicate animal 

diseases of national importance. In 

doing so, the Committee will consider 

public health, conservation of natural 

resources, and the stability of livestock 

economies. 

Tentative topics for discussion at the 

upcoming meeting include: 

• Proposed Rule on Traceability for 

Livestock Moving Interstate 

• Wildlife Diseases 

• Foot-and-Mouth Disease Vaccination 

• Tuberculosis Framework 

• Update on CoreOne (SCS) Rollout 

Additional topics may be added to an 

updated agenda, which will be posted to 

the Committee’s Web site at http:// 

www.aphis.usda.gov/animal_health/ 

acah/ no later than October 25, 2011. 

The meeting will be open to the 

public and attendees should plan to 

arrive between 8 a.m. and 9 a.m. 

Attendees should be prepared to 

provide picture identification to enter 

the United States Access Board 

conference room. The Animal and Plant 

Health Inspection Service (APHIS), 

which is organizing the meeting, asks 

that those planning to attend the 

meeting inform APHIS by sending an 

email through an access portal (SACAH 

Signup button) on the Committee’s Web 

site or directly to 

SACAH.Management@aphis.usda.gov. 

Please provide your name and 

organizational affiliation (if any), state 

which meeting date or dates you plan to 

attend, and indicate whether you wish 

to present an oral statement during the 

meeting. 

Other Public Participation 

Members of the public may also join 

the meeting via teleconference in 

‘‘listen-only’’ mode. Participants who 

wish to listen in on the teleconference 

may do so by dialing 18887903291, 

followed by a public passcode, 1411045. 

Twitter users may join through 

@USDA_APHIS and add #SACAH to 

any tweet that mentions @USDA_APHIS 

on the days of the meeting. If you do not 

have a Twitter account, you may still 

view live chats during the meeting on 

November 1 and 2, 2011, at http:// 

www.twitter.com/USDA_APHIS. 

Questions and written statements for 

the meeting may be submitted up to 5 

working days in advance of the meeting 

for the Committee’s consideration. 

Questions and written statements may 

be sent via e-mail to 

SACAH.Management@aphis.usda.gov or 

mailed to the person listed under FOR

FURTHER INFORMATION CONTACT at the 

beginning of this notice. Statements may 

also be filed with the Committee after 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 76, No. 197 / Wednesday, October 12, 2011 / Proposed Rules 63211 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the Energy 

Independence and Security Act of 2007, Public Law 

110–140 (Dec. 19, 2007). 

the meeting by sending them to 

SACAH.Management@aphis.usda.gov. 

This notice of the meeting agenda is 

given pursuant to section 10 of the 

Federal Advisory Committee Act (5 

U.S.C. App. 2). 

Done in Washington, DC, this 5th day of 

October 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–26354 Filed 10–11–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2011–BT–TP–0042] 

RIN 1904–AC53 

Energy Efficiency Program: Test 

Procedures for Residential Water 

Heaters, Direct Heating Equipment, 

and Pool Heaters 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: Through this Request for 

Information (RFI), the U.S. Department 

of Energy (DOE) is initiating a 

rulemaking and data collection process 

to consider amendments to DOE’s test 

procedures for residential water heaters, 

direct heating equipment, and pool 

heaters. This rulemaking is intended to 

fulfill DOE’s statutory obligation to 

review its test procedures for covered 

products at least once every seven years. 

To inform interested parties and to 

facilitate the process, DOE has gathered 

data and has identified several issues 

that might warrant modifications to the 

current applicable test procedures, 

including topics on which DOE is 

particularly interested in receiving 

comment. In overview, the issues 

outlined in this document mainly 

concern the scope, draw patterns, and 

test conditions for residential water 

heaters, possible clarifications and 

improvement of the direct heating 

equipment test procedures as applied to 

vented hearth heaters, and coverage of 

electric pool heaters. Additionally, this 

RFI briefly discusses and seeks input on 

certain potential changes to the test 

procedures for these products that DOE 

anticipates may be included in a 

subsequent notice of proposed 

rulemaking (NOPR). DOE welcomes 

written comments from the public on 

any subject related to the test 

procedures for residential heating 

products (including topics not 

specifically raised in this RFI). 

DATES: Written comments and 

information are requested on or before 

November 28, 2011. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2011–BT–TP–0042 and/ 

or RIN 1904–AC53, by any of the 

following methods: 

• E-mail: HeatingProducts-2011-TP0042@ee.doe.gov. Include EERE–2011– 

BT–TP–0042 and/or RIN 1904–AC53 in 

the subject line of the message. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format, and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585– 0121. 

Telephone: (202) 586–2945. If possible, 

please submit all items on a compact 

disc (CD), in which case it is not 

necessary to include printed copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., 6th Floor, 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

All submissions received must 

include the agency name and docket 

number and/or RIN for this rulemaking. 

No telefacsimilies (faxes) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see section III of this document (Public 

Participation). 

Docket: For access to the docket to 

read background documents or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information may 

be sent to Mr. Mohammed Khan, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, 

Mailstop EE–2J, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Telephone: (202) 586–7892. 

E-mail: Mohammed.Khan@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

Mailstop 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 submit or 

review public comments, 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: 

Table of Contents 

I. Authority and Background 

II. Discussion 

A. Test Procedure for Residential Water 

Heaters 

1. Scope 

a. Water Heaters With Storage Volumes 

Between 2 Gallons (7.6 L) and 20 Gallons 

(76 L) 

b. Electric Instantaneous Water Heaters 

c. Storage Water Heaters With Very Large 

Storage Capacities 

2. Draw Pattern 

3. Discrete Performance Tests 

4. Test Conditions 

a. Water Delivery Temperature 

b. Ambient Temperature and Relative 

Humidity 

5. Other Issues 

B. Test Procedure for Direct Heating 

Equipment 

1. Vented Hearth Heaters 

2. Other Issues 

C. Test Procedure for Pool Heaters 

1. Electric Pool Heaters 

2. Other Issues 

III. Public Participation 

I. Authority and Background 

Title III, Part B1 of the Energy Policy 

and Conservation Act of 1975 (‘‘EPCA’’ 

or ‘‘the Act’’), Public Law 94–163 (42 

U.S.C. 6291–6309, as codified) sets forth 

a variety of provisions designed to 

improve energy efficiency and 

establishes the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.2 These include 

residential water heaters, direct heating 

equipment, and pool heaters (or 

collectively, ‘‘heating products’’), the 

subject of today’s notice. (42 U.S.C. 

6292(a)(4),(9), and (11)) 

Under EPCA, this program generally 

consists of four parts: (1) Testing; (2) 

labeling; (3) establishing Federal energy 

conservation standards; and (4) 

certification and enforcement 

procedures. The testing requirements 

consist of test procedures that 

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