Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules 37495 

§ 319.75–4 [Amended] 

■ 33. Section 319.75–4 is amended by 

removing the word ‘‘restricted’’ and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–5 [Amended] 

■ 34. In § 319.75–5, paragraphs (a) and 

(b) are amended by removing the word 

‘‘restricted’’ each time it appears in and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–6 [Amended] 

■ 35. Section 319.75–6 is amended by 

removing the word ‘‘restricted’’ and 

adding the word ‘‘regulated’’ in its 

place. 

§ 319.75–7 [Amended] 

■ 36. In § 319.75–7, footnote 3 is 

redesignated as footnote 4. 

§ 319.75–8 [Amended] 

■ 37. Section 319.75–8 is amended by 

removing the word ‘‘restricted’’ both 

times it appears and adding the word 

‘‘regulated’’ in its place. 

§ 319.75–9 [Amended] 

■ 38. In § 319.75–9, paragraphs (a), (b), 

and (c) are amended by removing the 

word ‘‘restricted’’ each time it appears 

in and adding the word ‘‘regulated’’ in 

its place. 

PART 322—BEES, BEEKEEPING 

BYPRODUCTS, AND BEEKEEPING 

EQUIPMENT 

■ 39. The authority citation for part 322 

continues to read as follows: 

Authority: 7 U.S.C. 281; 7 U.S.C. 7701– 

7772 and 7781–7786; 7 CFR 2.22, 2.80, and 

371.3. 

■ 40. In § 322.13, paragraph (b) is 

revised to read as follows: 

§ 322.13 General requirements; restricted 

organisms. 

* * * * * 

(b) Persons importing restricted 

organisms into the United States must 

be and Federal, State, or university 

researchers; be at least 18 years of age; 

and be physically present during normal 

business hours at an address within the 

United States specified on the permit 

during any periods when articles are 

being imported or moved interstate 

under the permit. All such importations 

must be for research or experimental 

purposes and in accordance with this 

part. 

§ 322.14 [Amended] 

■ 41. In § 322.14, paragraph (a)(1) is 

amended by removing the second and 

third sentences. 

■ 42. Section 322.15 is amended by 

revising the section heading, adding 

paragraph (c)(5), and revising paragraph 

(e) to read as follows: 

§ 322.15 APHIS review of permit 

applications; denial or revocation of 

permits. 

* * * * * 

(c) * * * 

(5) APHIS may also deny a permit to 

import restricted organisms: 

(i) To a person who has previously 

failed to comply with any APHIS 

regulation, except: 

(A) A permit revoked in an 

investigation concerning that failure has 

been reinstated on appeal, at the 

discretion of APHIS; or 

(B) All measures ordered by APHIS to 

correct the failure, including but not 

limited to, payment of penalties or 

restitution, have been complied with to 

the satisfaction of APHIS. 

(ii) To a person who has previously 

failed to comply with any international 

or Federal regulation or instruction 

concerning the importation of 

prohibited or restricted foreign 

agricultural products; or 

(iii) If the application for a permit 

contains information that is found to be 

materially false, fraudulent, deceptive, 

or misrepresentative. 

* * * * * 

(e) Appealing the denial of permit 

applications or revocation of permits. If 

your permit application has been denied 

or your permit has been revoked, APHIS 

will inform you in writing, including by 

electronic methods, as promptly as 

circumstances permit and will include 

the reasons for the denial or revocation. 

You may appeal the decision by writing 

to APHIS within 10 business days from 

the date you received the 

communication notifying you of the 

denial or revocation of the permit. Your 

appeal must state all facts and reasons 

upon which you are relying to show that 

your permit application was wrongfully 

denied or your permit was wrongfully 

revoked. APHIS will grant or deny the 

appeal in writing and will state in 

writing the reason for the decision. The 

denial or revocation will remain in 

effect during the resolution of the 

appeal. 

* * * * * 

PART 360—NOXIOUS WEED 

REGULATIONS 

■ 43. The authority citation for part 360 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

■ 44. Section 360.304 is amended as 

follows: 

■ a. By revising the section heading. 

■ b. In paragraph (a)(5), by removing the 

period at the end of the sentence and 

adding the word ‘‘; or’’ in its place. 

■ c. By adding paragraphs (a)(6) and (7). 

■ d. In paragraph (b), introductory text, 

by removing the word ‘‘cancel’’ and 

adding the word ‘‘revoke’’ in its place. 

■ e. In paragraph (c), by removing the 

word ‘‘canceled’’ each time it appears 

and adding the word ‘‘revoked’’ in its 

place, and by removing the word 

‘‘cancellation’’ and adding the word 

‘‘revocation’’ in its place. 

The revision and additions read as 

follows: 

§ 360.304 Denial of an application for a 

permit to move a noxious weed; revocation 

of a permit to move a noxious weed. 

(a) * * * 

(6) The application for the permit 

contains information that is found to be 

materially false, fraudulent, or 

deceptive. 

(7) APHIS may deny a permit to a 

person who has previously failed to 

comply with any APHIS regulation. 

* * * * * 

■ 45. Section 360.305 is amended by 

revising the section heading and by 

removing the word ‘‘canceled’’ each 

time it appears and adding the word 

‘‘revoked’’ in its place. 

The revision reads as follows: 

§ 360.305 Disposal of noxious weeds when 

permits are revoked. 

* * * * * 

Done in Washington, DC, this 14th day of 

June 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–14638 Filed 6–20–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

[Docket No. EERE–2013–BT–NOC–0023] 

Appliance Standards and Rulemaking 

Federal Advisory Committee: Notice of 

Open Meetings for the Commercial 

HVAC, WH, and Refrigeration 

Certification Working Group and 

Announcement of Working Group 

Members To Negotiate Commercial 

Certification Requirements for 

Commercial HVAC, WH, and 

Refrigeration Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of open meetings. 

SUMMARY: This notice announces the 

open meetings of the Commercial 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
37496 Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules 

Heating, Ventilation, and Airconditioning (HVAC), Water Heating 

(WH), and Refrigeration Certification 

Working Group (Commercial 

Certification Group). The purpose of the 

Commercial Certification Group is to 

undertake a negotiated rulemaking to 

discuss and, if possible, reach 

consensus on proposed certification 

requirements for commercial HVAC, 

WH, and refrigeration equipment, as 

authorized by the Energy Policy and 

Conservation Act of 1975, as amended. 

DATES: For dates of meetings, see Public 

Participation in the SUPPLEMENTARY

INFORMATION section. 

ADDRESSES: All meetings will be held at 

the U.S. Department of Energy, Forrestal 

Building, 1000 Independence Avenue 

SW., Washington, DC 20585 except for 

the June 21, 2013 and August 7, 2013 

meetings. Those meeting locations are to 

be determined. Individuals will also 

have the opportunity to participate by 

webinar. To register for the webinar and 

receive call-in information, please 

register at http://www1.eere.energy.gov/ 

buildings/appliance_standards/ 

asrac.html. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, ASRAC Designated Federal 

Officer, Supervisory Operations 

Research Analyst, U.S. Department of 

Energy (DOE), Office of Energy 

Efficiency and Renewable Energy, 950 

L’Enfant Plaza SW., Washington, DC 

20024. Email: asrac@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Membership: The members of the 

Certification Working Group were 

chosen from nominations submitted in 

response to the DOE’s call for 

nominations published in the Federal 

Register on Tuesday, March 12, 2013. 

78 FR 15653. The selections are 

designed to ensure a broad and balanced 

array of stakeholder interests and 

expertise on the negotiating working 

group for the purpose of developing a 

rule that is legally and economically 

justified, technically sound, fair to all 

parties, and in the public interest. All 

meetings are open to all stakeholders 

and the public, and participation by all 

is welcome within boundaries as 

required by the orderly conduct of 

business. The members of the 

Certification Group are as follows: 

DOE and ASRAC Representatives 

• Laura Barhydt (U.S. Department of 

Energy) 

• John Mandyck (UTC Climate, Controls 

& Security) 

• Kent Peterson (P2S Engineering, Inc.) 

Other Selected Members 

• Karim Amrane (Air-Conditioning, 

Heating and Refrigeration Institute) 

• Timothy Ballo (EarthJustice) 

• Jeff Bauman (National Refrigeration & 

Air-Conditioning) 

• Brice Bowley (GE Appliances) 

• Mary Dane (Traulsen) 

• Paul Doppel (Mitsubishi Electric US, 

Inc.) 

• Geoffrey Halley (SJI Consultants, Inc.) 

• Pantelis Hatzikazakis (Lennox 

International, Inc.) 

• Charles Hon (True Manufacturing) 

• Jill Hootman (Trane) 

• Marshall Hunt (Pacific Gas and 

Electric Company) 

• Michael Kojak (Underwriters 

Laboratories LLC) 

• Karen Meyers (Rheem Manufacturing 

Co.) 

• Peter Molvie (Cleaver-Brooks Product 

Development) 

• Neil Rolph (Lochinvar, LLC) 

• Harvey Sachs (American Council for 

an Energy-Efficient Economy) 

• Ronald Shebik (Hussmann 

Corporation) 

• Judd Smith (CSA) 

• Louis Starr (Northwest Energy 

Efficiency Alliance) 

• Phillip Stephens (Heat Transfer 

Products) 

• Russell Tharp (Goodman 

Manufacturing) 

• Eric Truskoski (Bradford White Corp.) 

Purpose of Meeting: To provide 

advice and recommendations to the U.S. 

Department of Energy on certification 

requirements of commercial HVAC, 

WH, and refrigeration equipment under 

the authority of the Negotiated 

Rulemaking Act (5 U.S.C. 561–570, Pub. 

L. 104–320). 

Public Participation: Open meetings 

will be held on: Friday, June 21, 2013 

from 9:00 a.m. to 5:00 p.m. EDT; 

Monday, July 1, 2013 from 10:00 a.m. to 

6:00 p.m. EDT; Tuesday, July 2, 2013 

from 8:00 a.m. to 3:00 p.m. EDT; 

Wednesday, July 17, 2013 from 10:00 

a.m. to 6:00 p.m. EDT; Thursday, July 

18, 2013 from 8:00 a.m. to 3:00 p.m. 

EDT; Wednesday, July 31, 2013 from 

10:00 a.m. to 6:00 p.m. EDT; Thursday, 

August 1, 2013 from 8:00 a.m. to 6:00 

p.m. EDT; Wednesday, August 7, 2013 

from 10:00 a.m. to 6:00 p.m. EDT; 

Thursday, August 8, 2013 from 8:00 

a.m. to 3:00 p.m. EDT; Wednesday, 

August 21, 2013 from 10:00 a.m. to 6:00 

p.m. EDT; Thursday, August 22, 2013 

from 8:00 a.m. to 3:00 p.m. EDT; 

Monday, August 26, 2013 from 10:00 

a.m. to 3:00 p.m. EDT; Tuesday, August 

27, 2013 EDT. 

To attend the meetings and/or to 

make oral statements regarding any of 

the items on the agenda, email asrac@

ee.doe.gov. In the email, please indicate 

your name, organization (if appropriate), 

citizenship, and contact information. 

Please note that foreign nationals 

visiting DOE Headquarters are subject to 

advance security screening procedures. 

Any foreign national wishing to 

participate in the meetings should 

advise ASRAC staff as soon as possible 

by emailing asrac@ee.doe.gov to initiate 

the necessary procedures, no later than 

two weeks before each meeting. Anyone 

attending the meetings will be required 

to present a government photo 

identification, such as a passport, 

driver’s license, or government 

identification. Due to the required 

security screening upon entry, 

individuals attending should arrive 

early to allow for the extra time needed. 

Members of the public will be heard 

in the order in which they sign up for 

the Public Comment Period. Time 

allotted per speaker will depend on the 

number of individuals who wish to 

speak but will not exceed five minutes. 

Reasonable provision will be made to 

include the scheduled oral statements 

on the agenda. A third-party neutral 

facilitator will make every effort to 

allow the presentations of views of all 

interested parties and to facilitate the 

orderly conduct of business. 

Participation in the meetings is not a 

prerequisite for submission of written 

comments. Written comments are 

welcome from all interested parties. 

Any comments submitted must identify 

the Commercial HVAC, WH, and 

Refrigeration Certification Working 

Group, and provide docket number 

EERE–2013–BT–NOC–0023. Comments 

may be submitted using any of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ASRACworkgroup

2013NOC0023@ee.doe.gov. Include 

docket number EERE–2013–BT–NOC– 

0023 in the subject line of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

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. 


TKELLEY on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Proposed Rules 37497 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

The Secretary of Energy has approved 

publication of today’s notice of 

proposed rulemaking. 

Issued in Washington, DC, on June 17, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–14847 Filed 6–20–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0805; Directorate 

Identifier 2012–NM–117–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The FAA withdraws a notice 

of proposed rulemaking (NPRM) that 

proposed to rescind an existing 

airworthiness directive (AD) that 

applies to certain The Boeing Company 

Model 767–200, –300, –300F, and 

–400ER series airplanes. The proposed 

AD action would have rescinded the 

existing AD, which requires an 

inspection to determine if certain motor 

operated valve (MOV) actuators for the 

fuel tanks are installed, and related 

investigative and corrective actions if 

necessary. Since the proposed AD 

action was issued, we have determined 

that the proposed AD action does not 

adequately address the safety concerns. 

Accordingly, the proposed AD action is 

withdrawn. 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD action, the 

proposed rule (77 FR 47329, August 8, 

2012), the regulatory evaluation, any 

comments received, and other 

information. The address for the Docket 

Office (phone: 800–647–5527) is the 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: 

Rebel Nichols, Aerospace Engineer, 

Propulsion Branch, ANM–140S, FAA, 

Seattle Aircraft Certification Office, 

1601 Lind Avenue SW., Renton, WA 

98057–3356; phone: (425) 917–6509; 

fax: (425) 917–6590; email: 

Rebel.Nichols@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We proposed to amend 14 CFR part 

39 with a notice of proposed rulemaking 

(NPRM) to rescind AD 2009–22–13, 

Amendment 39–16066 (74 FR 55755, 

October 29, 2009). That AD applies to 

the specified products. The NPRM 

published in the Federal Register on 

August 8, 2012 (77 FR 47329). That 

NPRM proposed to rescind AD 2009– 

22–13, which requires an inspection to 

determine if certain MOV actuators for 

the fuel tanks are installed, and related 

investigative and corrective actions if 

necessary. That AD resulted from fuel 

system reviews conducted by the 

manufacturer. The proposed actions 

were intended to prevent an unsafe 

condition from being introduced on 

airplanes affected by AD 2009–22–13. 

Comments 

We gave the public the opportunity to 

participate in considering the proposal 

(77 FR 47329, August 8, 2012) to rescind 

AD 2009–22–13, Amendment 39–16066 

(74 FR 55755, October 29, 2009). The 

following presents relevant comments 

received on the proposal and the FAA’s 

response. 

Requests To Clarify ‘‘Different Unsafe 

Condition’’ 

UPS and Boeing requested 

clarification of the different unsafe 

condition introduced by the actions 

required by AD 2009–22–13, 

Amendment 39–16066 (74 FR 55755, 

October 29, 2009). UPS stated there is 

no clear direction on which unsafe 

condition would have a greater impact 

to the continued safe operation of the 

airplane, and subsequently, it is not 

clear what further action should be done 

to address airplanes on which the 

requirements of AD 2009–22–13 have 

been accomplished. 

We agree that clarification of the 

different unsafe condition is necessary. 

AD 2009–22–13, Amendment 39–16066 

(74 FR 55755, October 29, 2009), 

addresses the potential for an electrical 

current to flow through certain MOV 

actuators into the fuel tank. The new 

MOV actuators are required by AD 

2009–22–13 for 11 to 13 locations 

(depending on configuration) on the 

airplane, and that AD addresses an 

unsafe condition related to Special 

Federal Aviation Regulation No. 88 

(‘‘SFAR 88’’ (66 FR 23086, May 7, 2001), 

Amendment 21–78, and subsequent 

Amendments 21–82 and 21–83). 

However, the new MOV actuators have 

been found to have a risk of latent 

failure. At three of the 11 to 13 

locations, this actuator failure could 

result in a different unsafe condition— 

an inability to shut off fuel flow to an 

APU or engine during an engine fire. 

This latent failure is not a safety risk in 

the other eight to ten locations. 

We have determined that AD 2009– 

22–13, Amendment 39–16066 (74 FR 

55755, October 29, 2009), should not be 

rescinded, but should continue to 

require actions that address SFAR 88- 

related safety. Because AD 2009–22–13 

does address a significant safety risk, it 

is not in the interest of safety to rescind 

that AD. For the new MOV actuators, we 

are considering further rulemaking to 

address the three locations where a 

latent failure of the actuator could result 

in a failure to shut off fuel flow during 

an engine fire. 

FAA’s Conclusions 

Upon further consideration, we have 

determined that the NPRM (77 FR 

47329, August 8, 2012) does not 

adequately address the safety concern. 

Accordingly, the NPRM is withdrawn. 

Withdrawal of the NPRM (77 FR 

47329, August 8, 2012) does not 

preclude the FAA from issuing another 

related action or commit the FAA to any 

course of action in the future. 

Regulatory Impact 

Since this action only withdraws an 

NPRM (77 FR 47329, August 8, 2012), 

it is neither a proposed nor a final rule 

and therefore is not covered under 

Executive Order 12866, the Regulatory 

Flexibility Act, or DOT Regulatory 

Policies and Procedures (44 FR 11034, 

February 26, 1979). 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 


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