Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 49285 

Receptacle and process loads))/ 

(Baseline building consumption— 

Receptacle and process loads) 

(which simplifies as follows): 

Percentage improvement = 100 × 

(Baseline building consumption— 

Proposed building consumption)/ 

(Baseline building consumption— 

Receptacle and process loads). 

(2) For Federal buildings for which 

design for construction began on or after 

August 10, 2012, each Federal agency 

shall determine energy consumption 

levels for both the ASHRAE Baseline 

Building 2007 and proposed building by 

using the Performance Rating Method 

found in Appendix G of ASHRAE 90.1– 

2007 (incorporated by reference, see 

§ 433.3), except the formula for 

calculating the Performance Rating in 

paragraph G1.2 shall read as follows: 

Percentage improvement = 100 × 

((Baseline building consumption— 

Receptacle and process loads)— 

(Proposed building consumption ¥ 

Receptacle and process loads))/ 

(Baseline building consumption— 

Receptacle and process loads) 

(which simplifies as follows): 

Percentage improvement = 100 × 

(Baseline building consumption— 

Proposed building consumption)/ 

(Baseline building 

consumption¥Receptacle and 

process loads). 

* * * * * 

PART 435—ENERGY EFFICIENCY 

STANDARDS FOR NEW FEDERAL 

LOW-RISE RESIDENTIAL BUILDINGS 

■ 7. The authority citation for part 435 

continues to read as follows: 

Authority: 42 U.S.C. 6831–6832, 6834– 

6836; 42 U.S.C. 8253–54, 42 U.S.C. 7101 et 

seq. 

■ 8. Amend § 435.2 by removing the 

definition of ‘‘Baseline building’’ and 

adding in alphabetical order the 

definitions of ‘‘IECC Baseline Building 

2004’’ and ‘‘IECC Baseline Building 

2009’’ to read as follows: 

§ 435.2 Definitions. 

* * * * * 

IECC Baseline Building 2004 means a 

building that is otherwise identical to 

the proposed building but is designed to 

meet, but not exceed, the energy 

efficiency specifications in the ICC 

International Energy Conservation Code, 

2004 Supplement Edition, January 2005 

(incorporated by reference, see § 435.3). 

IECC Baseline Building 2009 means a 

building that is otherwise identical to 

the proposed building but is designed to 

meet, but not exceed, the energy 

efficiency specifications in the ICC 

International Energy Conservation Code, 

2009 Edition, January 2009 

(incorporated by reference, see § 435.3). 

* * * * * 

■ 9. Revise § 435.3 to read as follows: 

§ 435.3 Materials incorporated by 

reference. 

(a) General. The Department of Energy 

incorporates by reference the energy 

performance standards listed in 

paragraph (b) of this section into 10 CFR 

part 435. The Director of the Federal 

Register has approved the material 

listed in paragraph (b) of this section for 

incorporation by reference in 

accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect DOE regulations unless and until 

DOE amends its energy performance 

standards. Material is incorporated as it 

exists on the date of the approval, and 

a notice of any change in the material 

will be published in the Federal 

Register. All approved material is 

available for inspection at the U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, Sixth 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024, (202) 586–2945. 

Also, this material is available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. 

(b) ICC. International Code Council, 

500 New Jersey Avenue, NW., 6th Floor, 

Washington, DC 20001, 1–888–ICC– 

SAFE or (202) 370–1800, or go to http:// 

www.iccsafe.org/Pages/default.aspx. 

(1) ICC International Energy 

Conservation Code (IECC), 2004 

Supplement Edition (‘‘IECC 2004’’), 

January 2005, ISBN 7801S04, IBR 

approved for §§ 435.2, 435.4, 435.5; 

(2) ICC International Energy 

Conservation Code (IECC), 2009 Edition 

(‘‘IECC 2009’’), January 2009, ISBN 978– 

1–58001–742–8, IBR approved for 

§§ 435.2, 435.4, 435.5. 

■ 10. In § 435.4, revise paragraph (a) to 

read as follows: 

§ 435.4 Energy efficiency performance 

standard. 

(a)(1)All Federal agencies shall design 

new Federal buildings that are low-rise 

residential buildings, for which design 

for construction began on or after 

January 3, 2007, but before August 10, 

2012, to: 

(i) Meet the IECC 2004 (incorporated 

by reference, see § 435.3), and 

(ii) If life-cycle cost-effective, achieve 

energy consumption levels, calculated 

consistent with paragraph (b) of this 

section, that are at least 30 percent 

below the levels of the IECC Baseline 

Building 2004. 

(2) All Federal agencies shall design 

new Federal buildings that are low-rise 

residential buildings, for which design 

for construction began on or after 

August 10, 2012, to: 

(i) Meet the IECC 2009 (incorporated 

by reference, see § 435.3), and 

(ii) If life-cycle cost-effective, achieve 

energy consumption levels, calculated 

consistent with paragraph (b) of this 

section, that are at least 30 percent 

below the levels of the IECC Baseline 

Building 2009. 

* * * * * 

■ 11. Revise § 435.5 to read as follows: 

§ 435.5 Performance level determination. 

(a) For Federal buildings for which 

design for construction began on or after 

January 3, 2007, but before August 10, 

2012, each Federal agency shall 

determine energy consumption levels 

for both the IECC Baseline Building 

2004 and proposed building by using 

the Simulated Performance Alternative 

found in section 404 of the IECC 2004 

(incorporated by reference, see § 435.3). 

(b) For Federal buildings for which 

design for construction began on or after 

August 10, 2012, each Federal agency 

shall determine energy consumption 

levels for both the IECC Baseline 

Building 2009 and proposed building by 

using the Simulated Performance 

Alternative found in section 405 of the 

IECC 2009 (incorporated by reference, 

see § 435.3). 

[FR Doc. 2011–20024 Filed 8–9–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1171; Airspace 

Docket No. 10–ASW–16] 

Amendment of Class D Airspace; 

Corpus Christi, TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects the 

geographic coordinates in the regulatory 

text of a final rule that was published in 

the Federal Register June 2, 2011, 

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49286 Federal Register / Vol. 76, No. 154 / Wednesday, August 10, 2011 / Rules and Regulations 

1The Commission voted 5–0 to publish this 

notice of requirements, with amendments, in the 

Federal Register. Chairman Inez M. Tenenbaum 

and Commissioners Thomas H. Moore and Robert 

S. Adler filed a joint statement regarding the vote. 

Commissioners Nancy A. Nord and Anne M. 

Northup filed individual statements. The 

statements may be viewed at http://www.cpsc.gov/ 

pr/statements/html. 

amending Class D airspace at Cabaniss 

Navy Outlying Field (NOLF), Corpus 

Christi, TX. 

DATES: Effective date: 0901 UTC August 

25, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone (817) 321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On June 2, 2011, the FAA published 

in the Federal Register a final rule 

amending Class D airspace at Cabaniss 

NOLF, Corpus Christi, TX (76 FR 31821, 

Docket No. FAA–2010–1171). 

Subsequent to publication, an error was 

discovered in the latitude coordinates 

listed in the regulatory text. This action 

corrects that error. Class D airspace 

designations are published in paragraph 

5000 of FAA Order 7400.9U dated 

August 18, 2010, and effective 

September 15, 2010, which is 

incorporated by reference in 14 CFR 

Part 71.1. The Class D airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, the latitude 

coordinates listed in the regulatory text 

for the Class D airspace area at Cabaniss 

NOLF, Corpus Christi, TX, as published 

in the Federal Register June 2, 2010 (76 

FR 31821), (FR Doc. 2011–13559), are 

corrected as follows: 

ASW TX D Corpus Christi, TX 

[Corrected] 

Cabaniss NOLF, TX 

On page 31822, column 1, line 49 of 

the regulatory text, remove ‘lat. 

27°38′15′′ N.,’ and insert ‘lat. 27°38′16′′ 

N.’; and on line 50 remove ‘lat. 

27°41′30′′ N.,’ and insert ‘lat. 27°41′22′′ 

N.’ 

Issued in Fort Worth, Texas, on August 2, 

2011. 

Walter L. Tweedy, 

Acting Manager, Operations Support Group, 

ATO Central Service Center. 

[FR Doc. 2011–20303 Filed 8–9–11; 8:45 am] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 Chapter II 

[CPSC Docket No. CPSC–2011–0052] 

Third Party Testing for Certain 

Children’s Products; Notice of 

Requirements for Accreditation of 

Third Party Conformity Assessment 

Bodies To Assess Conformity With the 

Limits on Phthalates in Children’s 

Toys and Child Care Articles 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Notice of Requirements. 

SUMMARY: The Consumer Product Safety 

Commission (CPSC, Commission, or we) 

is issuing a notice of requirements that 

provides the criteria and process for 

Commission acceptance of accreditation 

of third party conformity assessment 

bodies for testing pursuant to the 

phthalates limits in section 108 of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA). The Commission is 

issuing this notice of requirements 

pursuant to section 14(a)(3)(B)(vi) of the 

Consumer Product Safety Act (CPSA). 

DATES: Effective Date: The requirements 

for accreditation of third party 

conformity assessment bodies to assess 

conformity with phthalates limits when 

tested in accordance with CPSC–CH– 

C1001–09.3, Standard Operating 

Procedure for Determination of 

Phthalates, and GB/T 22048–2008, Toys 

and Children’s Products— 

Determination of Phthalate Plasticizers 

in Polyvinyl Chloride Plastic are 

effective August 10, 2011. 

Submit comment by September 9, 

2011. Comments on this notice should 

be captioned ‘‘Third Party Testing for 

Certain Children’s Products; Notice of 

Requirements for Accreditation of Third 

Party Conformity Assessment Bodies to 

Assess Conformity with the Limits on 

Phthalates in Children’s Toys and Child 

Care Articles.’’ 

ADDRESSES: You may submit comments, 

identified by Docket No. CPSC–2011– 

0052, by any of the following methods: 

Electronic Submissions: Submit 

electronic comments in the following 

way: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

To ensure timely processing of 

comments, the Commission is no longer 

accepting comments submitted by 

electronic mail (e-mail) except through 

http://www.regulations.gov. 

Written Submissions: Submit written 

submissions in the following ways: 

Mail/Hand delivery/Courier (for paper, 

disk, or CD–ROM submissions) 

preferably in five copies, to: Office of the 

Secretary, Consumer Product Safety 

Commission, Room 502, 4330 East West 

Highway, Bethesda, MD 20814; 

telephone (301) 504–7923. 

Instructions: All submissions received 

must include the agency name and 

docket number for this notice. All 

comments received may be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. Do not 

submit confidential business 

information, trade secret information, or 

other sensitive or protected information 

(such as a Social Security Number) 

electronically; if furnished at all, such 

information should be submitted in 

writing. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Carol Afflerbach, Compliance Officer, 

Office of Compliance and Field 

Investigations, U.S. Consumer Product 

Safety Commission, 4330 East West 

Highway, Bethesda, Maryland 20814; email cafflerbach@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

Section 14(a)(3)(B)(vi) of the CPSA, as 

added by section 102(a)(2) of the 

Consumer Product Safety Improvement 

Act of 2008 (CPSIA), Public Law 110– 

314, directs the CPSC to publish a 

notice of requirements for accreditation 

of third party conformity assessment 

bodies (also known as ‘‘testing 

laboratories’’ or ‘‘laboratories’’) to assess 

children’s products for conformity with 

‘‘other children’s product safety rules.’’ 1

Section 14(f)(1) of the CPSA defines 

‘‘children’s product safety rule’’ as ‘‘a 

consumer product safety rule under [the 

CPSA] or similar rule, regulation, 

standard, or ban under any other Act 

enforced by the Commission, including 

a rule declaring a consumer product to 

be a banned hazardous product or 

substance.’’ Under section 14(a)(3)(A) of 

the CPSA, each manufacturer (including 

the importer) or private labeler of 

products subject to those regulations 

must have products that are 

manufactured more than 90 days after 

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