4474 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations 

identified in § 253.6(d)(2), exceed the 

maximum allowable limits as described 

at § 253.6(d)(1). * * * 

* * * * * 

Dated: January 12, 2010. 

Kevin W. Concannon, 

Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 2010–1708 Filed 1–27–10; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Nos. EE–RM/TP–99–450 and EE– 

RM/TP–05–500] 

RIN 1904–AA96 and 1904–AB53 

Energy Conservation Program: 

Certification, Compliance, and 

Enforcement Requirements for Certain 

Consumer Products and Commercial 

and Industrial Equipment; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical correction. 

SUMMARY: This document contains a 

technical correction to the final rule 

regarding the certification, compliance 

and enforcement regulations that was 

published on January 5, 2010. In that 

final rule, the U.S. Department of 

Energy (DOE) adopted regulations to 

implement reporting requirements for 

energy conservation standards and 

energy use, and to address other 

matters, including compliance 

certification, prohibited actions, and 

enforcement procedures for specific 

consumer products and commercial and 

industrial equipment. Due to drafting 

errors, language added to the rule in one 

amendment was deleted from the rule 

by another amendment, and certain 

erroneous internal cross references were 

made. This correction addresses these 

errors. 

DATES: This technical correction is 

effective February 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Michael McCabe, 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, (202) 586– 

9155. E-mail: 

Michael.McCabe@ee.doe.gov. 

Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

GC–72, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, (202) 

586–9507. E-mail: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 5, 2010, the U.S. 

Department of Energy’s (DOE) Office of 

Energy Efficiency and Renewable 

Energy (EERE) published a final rule 

titled ‘‘Certification, Compliance, and 

Enforcement Requirements for Certain 

Consumer Products and Commercial 

and Industrial Equipment.’’ 75 FR 652. 

Since the publication of that rule, it has 

come to DOE’s attention that due to a 

technical oversight, a certain part of the 

final regulations was inadvertently 

deleted from the final rule. DOE did not 

intend to remove this language from its 

regulations and through this correction 

document DOE reinserts this 

inadvertently deleted language. 

Additionally, certain sections of the 

regulatory text have an internal 

referencing error. 

II. Need for Correction 

As published, the final regulation 

erroneously removed two provisions 

that DOE had intended to reserve (10 

CFR 431.171) and to amend (10 CFR 

431.172). This document intends to 

reestablishes these provisions. In FR 

Doc. E9–30886, appearing in the notice 

beginning on page 652 in the Federal 

Register of Tuesday, January 5, 2010, 

the following corrections are made: 

Subpart J—[Corrected] 

1. On page 667, in the second column, 

correct the table of contents for subpart 

J to part 431 to read as follows: 

Subpart J—Provisions for Commercial 

Heating, Ventilating, Air-Conditioning and 

Water Heating Products 

Sec. 

431.171 Purpose and scope. [Reserved] 

431.172 Definitions. 

431.173 Requirements applicable to all 

manufacturers. 

431.174 Additional requirements applicable 

to Voluntary Independent Certification 

Program participants. 

431.175 Additional requirements applicable 

to non-Voluntary Independent 

Certification Program participants. 

431.176 Voluntary Independent 

Certification Programs. 

2. On page 667, in the second column, 

directly below the heading of subpart J, 

add and reserve § 431.171, and add 

§ 431.172, to read as follows: 

§ 431.171 Purpose and scope. [Reserved] 

§ 431.172 Definitions. 

The following definitions apply for 

purposes of subparts D through G, J 

through K and subpart T of this part. 

Other terms in these subparts shall be 

defined elsewhere in the Part and, if not 

defined in this part, shall have the 

meaning set forth in section 340 of the 

Act. 

Alternate efficiency determination 

method or AEDM means a method of 

calculating the efficiency of a 

commercial HVAC and WH product, in 

terms of the descriptor used in or under 

section 342(a) of the Act to state the 

energy conservation standard for that 

product. 

Basic model means, with respect to a 

commercial HVAC & WH product, all 

units of such product, manufactured by 

one manufacturer, which have the same 

primary energy source and which do not 

have any differing electrical, physical, 

or functional characteristics that affect 

energy consumption. 

Commercial HVAC & WH product 

means any small or large commercial 

package air-conditioning and heating 

equipment, packaged terminal air 

conditioner, packaged terminal heat 

pump, commercial packaged boiler, hot 

water supply boiler, commercial warm 

air furnace, instantaneous water heater, 

storage water heater, or unfired hot 

water storage tank. 

Flue loss means the sum of the 

sensible heat and latent heat above room 

temperature of the flue gases leaving the 

appliance. 

Industrial equipment means an article 

of equipment, regardless of whether it is 

in fact distributed in commerce for 

industrial or commercial use, of a type 

which: 

(1) In operation consumes, or is 

designed to consume energy; 

(2) To any significant extent, is 

distributed in commerce for industrial 

or commercial use; and 

(3) Is not a ‘‘covered product’’ as 

defined in Section 321(2) of EPCA, 42 

U.S.C. 6291(2), other than a component 

of a covered product with respect to 

which there is in effect a determination 

under Section 341(c) of EPCA, 42 U.S.C. 

6312(c). 

Private labeler means, with respect to 

a commercial HVAC & WH product, an 

owner of a brand or trademark on the 

label of a product which bears a private 

label. A commercial HVAC & WH 

product bears a private label if: 

(1) Such product (or its container) is 

labeled with the brand or trademark of 

a person other than a manufacturer of 

such product; 

(2) The person with whose brand or 

trademark such product (or container) is 

labeled has authorized or caused such 

product to be so labeled; and 

(3) The brand or trademark of a 

manufacturer of such product does not 

appear on such label. 


rmajette on DSK29S0YB1PROD with RULES
Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Rules and Regulations 4475 

§ 431.373 [Corrected] 

3. On page 672, in the first and second 

columns under § 431.373, revise 

paragraphs (a)(3)(ii) and (iii), and on 

page 673, in the first column under 

§ 431.373, revise paragraph (a)(6)(i)(B) to 

read as follows: 

§ 431.373 Enforcement. 

* * * * * 

(a) * * * 

(3) * * * 

(ii) For automatic commercial ice 

makers, as well as commercial 

refrigerators, freezers, and refrigeratorfreezers, the methods are described in 

appendix D to subpart T of part 431 and 

include the following provisions: 

* * * * * 

(iii) For commercial HVAC and WH 

products, the methods are described in 

appendix D to subpart T of part 431 and 

include the following provisions: 

* * * * * 

(6) * * * 

(i) * * * 

(B) For automatic commercial ice 

makers, as well as commercial 

refrigerators, freezers, and refrigeratorfreezers, the applicable provisions in 

appendix D to subpart T of part 431, and 

limited to a maximum of six additional 

units of basic model. 

* * * * * 

Issued in Washington, DC, on January 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–1728 Filed 1–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–1146; Directorate 

Identifier 2008–SW–38–AD; Amendment 39– 

16184; AD 2010–03–01] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS332L1, AS332L2, and 

EC225LP Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

specified Eurocopter France (ECF) 

model helicopters. This AD results from 

mandatory continuing airworthiness 

information (MCAI) issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community. The MCAI states: 

‘‘Recently, a report was received 

concerning the discovery of fragments of 

a plastic blanking plug (fitted to the 

harness belt buckle 5th attachment 

point) inside a seat harness belt buckle. 

Over time, this blanking plug hardens 

and becomes brittle. This condition, if 

not corrected, can lead to failure of the 

plug and fragments being caught inside 

the buckle, causing interference and 

preventing the belt from being released 

during an emergency evacuation of the 

aircraft.’’ This AD requires actions that 

are intended to address this unsafe 

condition. 

DATES: This AD becomes effective on 

February 12, 2010. 

The incorporation by reference of 

certain publications is approved by the 

Director of the Federal Register as of 

February 12, 2010. 

We must receive comments on this 

AD by March 29, 2010. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting your 

comments electronically. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may get the service information 

identified in this AD from American 

Eurocopter Corporation, 2701 Forum 

Drive, Grand Prairie, TX 75053–4005, 

telephone (800) 232–0323, fax (972) 

641–3710, or at http:// 

www.eurocopter.com. 

Examining the Docket: You may 

examine the AD docket on the Internet 

at http://www.regulations.gov or in 

person at the Docket Operations office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, the 

economic evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is 

stated in the ADDRESSES section of this 

AD. Comments will be available in the 

AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

George Schwab, Aviation Safety 

Engineer, FAA, Rotorcraft Directorate, 

Safety Management Group, Fort Worth, 

Texas 76137, telephone (817) 222–5114, 

fax (817) 222–5961. 

SUPPLEMENTARY INFORMATION: 

Discussion 

EASA, which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA AD No. 

2008–0075, dated April 22, 2008, to 

correct an unsafe condition for the ECF 

Model AS332L1, AS332L2, and 

EC225LP helicopters. EASA received a 

report concerning the discovery of 

fragments of a plastic blanking plug 

(fitted to the harness belt buckle 5th 

attachment point) inside a seat harness 

belt buckle. Over time, this blanking 

plug hardens, becomes brittle, and starts 

to deteriorate. This condition, if not 

corrected, can lead to fragments of the 

plug being caught inside the buckle, 

preventing the belt from releasing 

during an emergency evacuation of the 

aircraft. 

You may obtain further information 

by examining the MCAI and any related 

service information in the AD docket. 

Related Service Information 

ECF has issued Emergency Alert 

Service Bulletin No. 01.00.72 for the 

Model AS332L1 and L2 helicopters and 

No. 04A003 for the Model EC225LP 

helicopters, both dated April 15, 2008. 

The seat buckles installed on the 

specified helicopters have five 

attachment points, and the seat harness 

belts have four attachment points only. 

Therefore, the 5th belt buckle 

attachment point is blanked using a 

plastic blanking plug. These plastic 

blanking plugs harden and become 

brittle over time. Mishandling of the 

buckle can cause the blanking plug to 

fail and fragments may be caught inside 

the buckle. Any fragments inside the 

buckle can lead to interference and may 

prevent the buckle from releasing the 

belts. The service information specifies 

removing all seat harness belt buckle 

blanking plugs, part number (P/N) 

332V85134620 or P/N 332V85134621. 

The actions described in the MCAI are 

intended to correct the same unsafe 

condition as that identified in the 

service information. 

FAA’s Evaluation and Unsafe Condition 

Determination 

These products have been approved 

by the aviation authority of France and 

are approved for operation in the United 

States. Pursuant to our bilateral 


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