Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations 37937 

(2) * * * 

(ii) Class 1 base. With respect to the 

issuance of additional Class 1 allotment 

base to existing producers for the 2014– 

2015 through the 2016–2017 marketing 

years, existing producers with less than 

5,121 pounds of allotment base as of 

October 17, 2012, who request 

additional allotment base and who have 

the ability to produce additional 

quantities of Class 1 spearmint oil, shall 

be issued additional allotment base 

sufficient to bring them up to a level not 

to exceed 5,121 pounds: Provided, That 

such additional Class 1 allotment base 

shall be allocated to eligible producers 

on a pro-rata basis from available 

additional Class 1 allotment base: 

Provided further, That additional 

allotment base shall not be issued to any 

person if such additional allotment base 

would replace all or part of an allotment 

base that such person has previously 

transferred to another producer. 

Additional allotment base in excess of 

the amount needed to bring eligible 

producers up to 5,121 pounds of Class 

1 allotment base shall be distributed on 

a prorated basis among all existing 

producers who apply and who have the 

ability to produce additional quantities 

of spearmint oil. 

(iii) Class 3 base. With respect to the 

issuance of additional Class 3 allotment 

base for existing producers for the 2014– 

2015 through the 2017–2018 marketing 

years, existing producers with less than 

5,812 pounds of allotment base as of 

October 17, 2012, who request 

additional allotment base and who have 

the ability to produce additional 

quantities of Class 3 spearmint oil, shall 

be issued additional allotment base 

sufficient to bring them up to a level not 

to exceed 5,812 pounds: Provided, That 

such additional Class 3 allotment base 

shall be allocated to eligible producers 

on a pro-rata basis from available 

additional Class 3 allotment base: 

Provided further, That additional 

allotment base shall not be issued to any 

person if such additional allotment base 

would replace all or part of an allotment 

base that such person has previously 

transferred to another producer. 

Additional allotment base in excess of 

the amount needed to bring eligible 

producers up to 5,812 pounds of Class 

3 allotment base shall be distributed on 

a prorated basis among all existing 

producers who apply and who have the 

ability to produce additional quantities 

of spearmint oil. 

(iv) For each marketing year after 

2016–2017 for Class 1 oil and 2017– 

2018 for Class 3 oil, each existing 

producer of a class of spearmint oil who 

requests additional allotment base, and 

who has the ability to produce 

additional quantities of that class of 

spearmint oil, shall be eligible to receive 

a share of the additional allotment base 

issued for that class of oil. Additional 

allotment base issued by the Committee 

for a class of oil shall be distributed on 

a prorated basis among the eligible 

producers for that class of oil. The 

Committee shall immediately notify 

each producer who is to receive 

additional allotment base by issuing that 

producer an allotment base in the 

appropriate amount. Allotment base 

issued to existing producers under this 

section shall not be transferred for at 

least two years following issuance, 

except that additional allotment base 

allocated pursuant to paragraph (c)(2)(ii) 

and (c)(2)(iii) of this section shall not be 

transferred for at least five years 

following issuance. 

(d) The person receiving additional 

allotment base pursuant to this section 

shall submit to the Committee evidence 

of an ability to produce and sell oil from 

such allotment base in the first 

marketing year following issuance of 

such base. 

Dated: June 27, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–15598 Filed 7–2–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2010–BT–TP–0010] 

RIN 1904–AC21 

Energy Conservation Program for 

Consumer Products: Test Procedures 

for Residential Furnaces Fans; 

Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical correction. 

SUMMARY: On January 3, 2014 the U.S. 

Department of Energy (DOE) published 

a final rule in the Federal Register that 

established the test procedure for 

residential furnace fans. Due to drafting 

errors, that document inadvertently 

removed necessary incorporation by 

reference material in the Code of 

Federal Regulations (CFR). This final 

rule rectifies this error by once again 

adding the removed material. 

DATES: Effective Date: July 3, 2014. 

The incorporation by reference of a 

certain standard listed in this 

rulemaking was approved by the 

Director of the Office of the Federal 

Register on October 4, 1993. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ronald Majette, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC, 20585–0121. 

Telephone: (202) 586–7935. Email: 

residential_furnace_fans@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. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 3, 2014, DOE’s Office of 

Energy Efficiency and Renewable 

Energy published a test procedure final 

rule in the Federal Register titled, ‘‘Test 

Procedures for Residential Furnace 

Fans’’ (hereafter referred to as the 

‘‘January 2014 final rule’’). 79 FR 500. 

Since the publication of that final rule, 

it has come to DOE’s attention that, due 

to a technical oversight, the January 

2014 final rule incorrectly deleted the 

incorporation by reference of ASHRAE 

103–1993 within 10 CFR 430.3. The 

January 2014 final rule removed the 

existing reference to ASHRAE 103–1993 

and inserted a reference to ASHRAE 

103–2007; however, DOE intended to 

maintain the existing reference to 

ASHRAE 103–1993 (applicable to 

residential furnaces and boiler) while 

adding the incorporation by reference to 

ASHRAE 103–2007 (applicable to 

residential furnace fans). This final rule 

corrects this error by once again adding 

ASHRAE 103–1993 to the list of 

materials incorporated by reference at 

10 CFR 430.3. This final rule also 

renumbers section 430.3 to account for 

the additional reference. 

II. Need for Correction 

As published, the identified 

provisions in 10 CFR 430.3 (which only 

reference ASHRAE 103–2007 and do not 

reference ASHRAE 103–1993) will 

likely cause confusion and may mislead 

interested parties regarding how to 

properly conduct testing under DOE’s 

residential furnaces and boilers test 

procedure. The January 2014 final rule 

for furnace fans removed the 

incorporation by reference of ASHRAE 

103–1993. However, the incorporation 

by reference of ASHRAE 103–1993 into 

the CFR remains required because that 

standard is referenced by Appendix N to 

subpart B of 10 CFR part 430, ‘‘Uniform 

Test Method for Measuring the Energy 


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37938 Federal Register / Vol. 79, No. 128 / Thursday, July 3, 2014 / Rules and Regulations 

Consumption of Furnaces and Boilers.’’ 

It was clearly not DOE’s intention to 

change or eliminate reference materials 

for other products as part of the furnace 

fans rulemaking. At no place in the 

January 2014 final rule did DOE discuss 

such modifications. This final rule 

would simply incorporate once again 

into the CFR the intended and proper 

reference materials that were 

erroneously deleted without making 

substantive changes to any previously 

established provisions. Accordingly, 

DOE finds that there is good cause 

under 5 U.S.C. 553(b)(B) to not issue a 

separate notice to solicit public 

comment on the changes contained in 

this document. Issuing a separate 

document to solicit public comment 

would be impractical, unnecessary, and 

contrary to the public interest. 

III. Procedural Requirements 

DOE has concluded that the 

determinations made pursuant to the 

various procedural requirements 

applicable to the January 3, 2014 test 

procedure final rule for residential 

furnace fans remain unchanged for this 

final rule technical correction. These 

determinations are set forth in the 

January 3, 2014 final rule. 79 FR 500, 

517–520. 

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 June 27, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends part 430 of 

Chapter II, subchapter D of title 10, 

Code of Federal Regulations as set forth 

below: 

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 430.3 is amended by: 

■ a. Redesignating paragraphs (f)(10) 

through (f)(11) as (f)(11) through (f)(12); 

and 

■ b. Adding new paragraph (f)(10). 

The addition reads as follows: 

§ 430.3 Materials incorporated by 

reference. 

* * * * * 

(f) * * * 

(10) ASHRAE Standard 103–1993, 

(‘‘ASHRAE 103–1993’’), Methods of 

Testing for Annual Fuel Utilization 

Efficiency of Residential Central 

Furnaces and Boilers, (with Errata of 

October 24, 1996) except for sections 

3.0, 7.2.2.5, 8.6.1.1, 9.1.2.2, 9.5.1.1, 

9.5.1.2.1, 9.5.1.2.2, 9.5.2.1, 9.7.1, 10.0, 

11.2.12, 11.3.12, 11.4.12, 11.5.12 and 

appendices B and C, approved October 

4, 1993, IBR approved for § 430.23 and 

appendix N to subpart B. 

* * * * * 

[FR Doc. 2014–15654 Filed 7–2–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Parts 234 and 235 

[Docket No. DOT–OST–2010–0211] 

RIN 2105–AE07 

Reports by Air Carriers on Incidents 

Involving Animals During Air Transport 

AGENCY: Office of the Secretary (OST), 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The Department of 

Transportation (DOT or Department) is 

issuing a final rule to amend the 

requirement for air carriers to report 

incidents involving the loss, injury, or 

death of an animal during air transport. 

The final rule will: Expand the reporting 

requirement to U.S. carriers that operate 

scheduled service with at least one 

aircraft with a design capacity of more 

than 60 seats; expand the definition of 

‘‘animal’’ to include all cats and dogs 

transported by covered carriers, 

regardless of whether the cat or dog is 

transported as a pet by its owner or as 

part of a commercial shipment (e.g., 

shipped by a breeder); require covered 

carriers to file a calendar-year report in 

December, even if the carrier did not 

have any reportable incidents during the 

calendar year; require covered carriers 

to provide in their December reports the 

total number of animals that were lost, 

injured, or died during air transport in 

the calendar year; and require covered 

carriers to provide in their December 

reports the total number of animals 

transported in the calendar year. 

DATES: This rule is effective January 1, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Blane Workie, Tim Kelly, or Vinh Q. 

Nguyen, Office of Aviation Enforcement 

and Proceedings, U.S. Department of 

Transportation, 1200 New Jersey Ave. 

SE., Washington, DC 20590, 202–366– 

9342 (phone), 202–366–7152 (fax), 

blane.workie@dot.gov, tim.kelly@

dot.gov, or vinh.nguyen@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

1. Purpose of the Regulatory Action 

The Department is issuing a final rule 

to amend the requirement for air carriers 

to report incidents involving the loss, 

injury, or death of an animal during air 

transport. The Department is taking 

action to provide consumers with a 

fuller picture of the safety record of 

airlines in the transportation of animals 

and to clarify which entities are subject 

to the reporting requirement (i.e., any 

U.S. air carriers that provide scheduled 

passenger air transportation or only 

reporting carriers), as well as which 

flights are covered (i.e., only domestic 

scheduled passenger flights or all 

scheduled passenger flights, including 

international flights). The legal 

authority for the Department’s 

regulatory action is 49 U.S.C. 41721. 

2. Summary of Regulatory Provisions 

The final rule: (1) Expands the 

reporting requirement to U.S. carriers 

that operate scheduled service with at 

least one aircraft with a design capacity 

of more than 60 seats (‘‘covered 

carriers’’); (2) expands the definition of 

‘‘animal’’ to any warm- or cold-blooded 

animal which, at the time of 

transportation, is being kept as a pet in 

a family household in the United States 

and any dog or cat which, at the time 

of transportation, is shipped as part of 

a commercial shipment on a scheduled 

passenger flight, including shipments by 

trainers and breeders; (3) requires 

covered carriers to file a calendar-year 

report for December, even if the carrier 

did not have any reportable incidents 

during the calendar year; (4) requires 

covered carriers to provide in their 

December reports the total number of 

animals that were lost, injured, or died 

during air transport in the calendar year; 

(5) requires covered carriers to provide 

in their December reports the total 

number of animals transported in the 

calendar year; and (6) requires covered 

carriers to provide in their December 

reports a certification signed by an 

authorized carrier representative 

affirming that the report is true, correct, 

and complete. 

3. Summary of Regulatory Analysis 

The quantifiable costs of this 

rulemaking exceed the quantifiable 


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