Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / Rules and Regulations 8361 

III. Environmental Impact: Categorical 

Exclusion 

The NRC has determined that this 

final rule is the type of action described 

in categorical exclusion 10 CFR 

51.22(c)(1). Therefore, neither an 

environmental impact statement nor an 

environmental assessment has been 

prepared for the rule. 

IV. Paperwork Reduction Act 

Statement 

This final rule does not contain new 

or amended information collection 

requirements subject to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et. seq.). Existing requirements were 

approved by the Office of Management 

and Budget (OMB), Approval Number 

3150–0036. 

Public Protection Notification 

The NRC may not conduct or sponsor, 

and a person is not required to respond 

to, a request for information or an 

information collection requirement 

unless the requesting document 

displays a currently valid OMB control 

number. 

V. Regulatory Analysis 

Addition of South Sudan to the 

restricted destinations list in § 110.29 

means that exports of certain radioactive 

materials to South Sudan may qualify 

for the NRC general license specified in 

§§ 110.21 through 110.24. There is no 

alternative to amending the regulations 

for the export and import of nuclear 

equipment and materials. This final rule 

is expected to have no changes in the 

information collection burden or cost to 

the public. 

VI. Regulatory Flexibility Certification 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 605(b)), 

the Commission certifies that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

affects only companies exporting 

nuclear equipment and materials to 

South Sudan which do not fall within 

the scope of the definition of ‘‘small 

entities’’ set forth in the Regulatory 

Flexibility Act (5 U.S.C. 601(3)), or the 

Size Standards established by the NRC 

(10 CFR 2.810). 

VII. Backfit and Issue Finality 

The NRC has determined that a 

backfit analysis is not required for this 

rule, because these amendments do not 

include any provisions that would 

impose backfits as defined in 10 CFR 

chapter I. 

VIII. Congressional Review Act 

Under the Congressional Review Act 

of 1996, the NRC has determined that 

this action is not a major rule and has 

verified this determination with the 

Office of Information and Regulatory 

Affairs of OMB. 

List of Subjects in 10 CFR Part 110 

Administrative practice and 

procedure, Classified information, 

Criminal penalties, Export, Import, 

Intergovernmental relations, Nuclear 

materials, Nuclear power plants and 

reactors, Reporting and recordkeeping 

requirements, Scientific equipment. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended, 

the Energy Reorganization Act of 1974, 

as amended, and 5 U.S.C. 552 and 553, 

the NRC is adopting the following 

amendments to 10 CFR part 110. 

PART 110—EXPORT AND IMPORT OF 

NUCLEAR EQUIPMENT AND 

MATERIAL 

■ 1. The authority citation for part 110 

continues to read as follows: 

Authority: Atomic Energy Act secs. 51, 53, 

54, 57, 63, 64, 65, 81, 82, 103, 104, 109, 111, 

126, 127, 128, 129, 161, 181, 182, 183, 187, 

189, 223, 234 (42 U.S.C. 2071, 2073, 2074, 

2077, 2092–2095, 2111, 2112, 2133, 2134, 

2139, 2139a, 2141, 2154–2158, 2201, 2231– 

2233, 2237, 2239, 2273, 2282); Energy 

Reorganization Act sec. 201 (42 U.S.C. 5841); 

Solar, Wind, Waste, and Geothermal Power 

Act of 1990 sec. 5 (42 U.S.C. 2243); 

Government Paperwork Elimination Act sec. 

1704, 112 Stat. 2750 (44 U.S.C. 3504 note); 

Energy Policy Act of 2005, 119 Stat. 594. 

Sections 110.1(b)(2) and 110.1(b)(3) also 

issued under 22 U.S.C. 2403. Section 110.11 

also issued under Atomic Energy Act secs. 

54(c), 57(d), 122 (42 U.S.C. 2074, 2152). 

Section 110.50(b)(3) also issued under 

Atomic Energy Act sec. 123 (42 U.S.C. 2153). 

Section 110.51 also issued under Atomic 

Energy Act sec. 184 (42 U.S.C. 2234). Section 

110.52 also issued under Atomic Energy Act 

sec. 186, (42 U.S.C. 2236). Sections 110.80– 

110.113 also issued under 5 U.S.C. 552, 554. 

Sections 110.130–110.135 also issued under 

5 U.S.C. 553. Sections 110.2 and 110.42(a)(9) 

also issued under Intelligence Authorization 

Act sec. 903 (42 U.S.C. 2151 et seq.). 

§ 110.29 [Amended] 

■ 2. Section 110.29 is amended by 

adding ‘‘South Sudan’’ to the list of 

restricted destinations. 

Dated at Rockville, Maryland, this 19th day 

of December, 2012. 

For the Nuclear Regulatory Commission. 

R.W. Borchardt, 

Executive Director for Operations. 

[FR Doc. 2013–02620 Filed 2–5–13; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 117, 119, and 121 

[Docket No. FAA–2009–1093; Amdt. Nos. 

117–1, 119–16, 121–357] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements; Technical Correction 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule; technical correction. 

SUMMARY: The FAA is correcting the 

final flightcrew member duty and rest 

rule published on January 4, 2012. In 

that rule, the FAA amended its existing 

flight, duty and rest regulations 

applicable to certificate holders and 

their flightcrew members operating 

certain domestic, flag, and supplemental 

operations. This document corrects 

several issues requiring a technical 

correction in the codified text of the 

final flightcrew member duty and rest 

rule. 

DATES: Effective January 14, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Dale E. Roberts, AFS– 

200, Flight Standards Service, Air 

Transportation Division Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–5749; email: dale.e.roberts@faa.gov. 

For legal questions concerning this 

action, contact Alex Zektser, AGC–220, 

Office of Chief Counsel, Regulations 

Division, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email: 

alex.zektser@faa.gov. 

SUPPLEMENTARY INFORMATION:

Background 

On January 4, 2012, the FAA 

published a final rule entitled 

‘‘Flightcrew Member Duty and Rest 

Requirements’’ (77 FR 330). In that rule, 

the FAA created a new part, part 117, 

which replaced the then-existing flight, 

duty, and rest regulations for part 121 

passenger operations. As part of this 

rulemaking, the FAA also applied the 

new part 117 to certain part 91 

operations, and it permitted all-cargo 

operations operating under part 121 to 

voluntarily opt into the part 117 flight, 

duty, and rest regulations. 

After the final rule was published, the 

FAA discovered several issues requiring 

a technical correction in the regulatory 


sroberts on DSK5SPTVN1PROD with RULES
8362 Federal Register / Vol. 78, No. 25 / Wednesday, February 6, 2013 / Rules and Regulations 

1 42 U.S.C. 6291 et seq. 

2More information about the Rule can be found 

at: http://www.ftc.gov/energy. 

3 44 FR 66466 (Nov. 19, 1979). The Commission 

currently has two open proceedings related to other 

proposed amendments of the Rule in addition to the 

present one. See 77 FR 15298 (Mar. 15, 2012) 

(regulatory review of the Rule); 76 FR 45715 (Aug. 

1, 2011) (proposed expanded light bulb coverage). 

text of the rule. These issues, and the 

corresponding technical corrections, are 

as follows. 

Technical Corrections 

1. Reporting a Flight Time Extension 

Subsections 117.11(c)(2) and (d) 

contain requirements that are triggered 

if the certificate holder uses a flight-time 

extension for circumstances that are 

within the certificate holder’s control. 

However, pursuant to § 117.11(b), a 

flight-time extension can only be taken 

for unforeseen operational 

circumstances that are ‘‘beyond the 

certificate holder’s control.’’ Because a 

flight time extension cannot be taken for 

circumstances that are within the 

control of the certificate holder, the 

provisions of § 117.11(c)(2) and (d) are 

unnecessary and have been removed. 

2. Applying § 117.19 Extensions to 

Short-Call Reserve Limits 

The regulatory text of § 117.19 in the 

final rule permits extensions to flight 

duty periods but does not permit 

extensions to the short-call reserve 

limits specified in § 117.21(c)(3) and (4). 

Because these short-call-reserve limits 

were not intended to be more stringent 

than flight-duty-period limits, § 117.19 

has been corrected to provide an 

extension for the short-call-reserve 

limits specified in § 117.21(c)(3) and (4). 

3. Requirements for the 56-Hour Rest 

Period 

The regulatory text of § 117.25(d) has 

been corrected to clarify that the rest 

requirements of that subsection are 

triggered if a flightcrew member: (1) 

Travels more than 60 degrees longitude 

during a flight duty period or series of 

flight duty periods; and (2) is away from 

home base for over 168 consecutive 

hours during this travel. 

4. Applying § 117.29 Extensions to 

Short-Call Reserve Limits 

Similar to the § 117.19 discussion 

above, § 117.29(b) also allows for an 

extension of flight-duty-period limits 

but does not allow for an extension of 

short-call-reserve limits. As such, 

§ 117.29(b) has been corrected to allow 

short-call reserve to have the same 

extension as a flight duty period. 

Accordingly, in the final rule, FR Doc. 

2011–33078, published on January 4, 

2012 (77 FR 330), make the following 

corrections: 

§ 117.11 [Corrected] 

■ 1. On pages 399 and 400, in the third 

column on page 399 and the first 

column of page 400, in § 117.11, revise 

paragraph (c) and remove paragraph (d). 

The revision reads as follows: 

‘‘(c) Each certificate holder must 

report to the Administrator within 10 

days any flight time that exceeded the 

maximum flight time limits permitted 

by this section. The report must contain 

a description of the extended flight time 

limitation and the circumstances 

surrounding the need for the extension. 

§ 117.19 [Corrected] 

■ 2. On page 400, in the second column, 

in § 117.19, paragraph (a)(1) is revised to 

read as follows: 

‘‘(1) The pilot in command and the 

certificate holder may extend the 

maximum flight duty period permitted 

in Tables B or C of this part up to 2 

hours. The pilot in command and the 

certificate holder may also extend the 

maximum combined flight duty period 

and reserve availability period limits 

specified in § 117.21(c)(3) and (4) of this 

part up to 2 hours.’’ 

§ 117.25 [Corrected] 

■ 3. On page 401, in the second column, 

in § 117.25, paragraph (d) is revised to 

read as follows: 

‘‘(d) A flightcrew member must be 

given a minimum of 56 consecutive 

hours rest upon return to home base if 

the flightcrew member: (1) Travels more 

than 60° longitude during a flight duty 

period or a series of flight duty period, 

and (2) is away from home base for more 

than 168 consecutive hours during this 

travel. The 56 hours of rest specified in 

this section must encompass three 

physiological nights’ rest based on local 

time.’’ 

§ 117.29 [Corrected] 

■ 4. On page 401, in the third column, 

in § 117.29, paragraph (b) is revised to 

read as follows: 

‘‘(b) The pilot-in-command may 

determine that the maximum applicable 

flight duty period, flight time, and/or 

combined flight duty period and reserve 

availability period limits must be 

exceeded to the extent necessary to 

allow the flightcrew to fly to the closest 

destination where they can safely be 

relieved from duty by another flightcrew 

or can receive the requisite amount of 

rest prior to commencing their next 

flight duty period.’’ 

Issued in Washington, DC on January 31, 

2013. 

Mark W. Bury, 

Acting Assistant Chief Counsel for 

International Law, Legislation, and 

Regulations Division, AGC–200. 

[FR Doc. 2013–02504 Filed 2–5–13; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 305 

RIN 3084–AB15] 

Energy Labeling Rule 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Final rule. 

SUMMARY: The Commission issues final 

amendments for disclosures to help 

consumers, distributors, contractors, 

and installers easily determine whether 

a specific furnace or central air 

conditioner meets applicable 

Department of Energy regional 

efficiency standards. 

DATES: The amendments published in 

this document are effective on March 

15, 2013. 

ADDRESSES: Requests for copies of this 

document should be sent to: Public 

Reference Branch, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

The complete record of this proceeding 

is also available at that address. 

Relevant portions of the proceeding, 

including this document, are available 

at http://www.ftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Bureau of Consumer Protection, Federal 

Trade Commission, Room M–8102B, 

600 Pennsylvania Avenue NW., 

Washington, DC, 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Commission’s Energy Labeling 

Rule (‘‘Rule’’) (16 CFR Part 305), issued 

pursuant to the Energy Policy and 

Conservation Act (EPCA),1 requires 

energy labeling for major household 

appliances and other consumer 

products to help consumers compare 

competing models.2 When first 

published in 1979,3 the Rule applied to 

eight product categories: refrigerators, 

refrigerator-freezers, freezers, 

dishwashers, water heaters, clothes 

washers, room air conditioners, and 

furnaces. The Commission has since 

expanded the Rule’s coverage to include 

central air conditioners, heat pumps, 

plumbing products, lighting products, 


sroberts on DSK5SPTVN1PROD with RULES