65362 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 

1 DOE may also provide for a delayed effective 

date if the Secretary determines this three-year 

period is inadequate. (42 U.S.C. 6313(f)(4)(B)) 

opportunity to operate without 

marketing order requirements in order 

to review the effectiveness of the order. 

During the suspension period, the 

industry will be able to monitor the 

quality of potatoes being shipped. 

Should problems develop, suspension 

of the order will provide the Committee 

the alternative of reactivating the order. 

Therefore, the Committee voted to 

suspend, rather than terminate, the 

marketing order. 

Accordingly, no changes will be made 

to the rule, based on the comment 

received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that the order suspended by this final 

rule, as hereinafter set forth, does not 

tend to effectuate the declared policy of 

the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because handlers are aware 

of this rule, which was recommended at 

a public meeting. Also, a 60-day 

comment period was provided for in the 

interim rule. 

List of Subjects in 7 CFR Part 953 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

Accordingly, the interim rule that 

suspended 7 CFR part 953 and that was 

published at 76 FR 33967 on June 10, 

2011, is adopted as a final rule, without 

change. 

Dated: October 14, 2011. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–27275 Filed 10–20–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[Docket No. EERE–2011–BT–CE–0050] 

RIN 1904–AC58 

Energy Conservation Program: 

Compliance Date Regarding the Test 

Procedures for Walk-In Coolers and 

Freezers and the Certification for Metal 

Halide Lamp Ballasts and Fixtures 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: This document clarifies the 

compliance date by which 

manufacturers must begin to use 

portions of a recently promulgated test 

procedure (i.e., the April 15, 2011 final 

rule) when certifying walk-in coolers 

and walk-in freezers. This document 

also adopts regulatory text changes to 

reflect the U.S. Department of Energy’s 

(DOE) intent that only manufacturers of 

components of walk-in coolers and 

walk-in freezers are required to submit 

certification reports. Additionally, the 

final rule clarifies the types of test data 

needed to support the certification of 

compliance pursuant to DOE’s existing 

test procedures for walk-in coolers and 

walk-in freezers and the recently 

promulgated test procedure for this 

equipment. Finally, DOE is adopting an 

extension to the compliance date for 

which manufacturers, including 

importers, need to certify compliance to 

the Department of metal halide lamp 

ballasts and fixtures. 

DATES: This final rule is effective 

November 21, 2011. 

ADDRESSES: The docket (i.e., docket 

number EERE–2011–BT–CE–0050 and/ 

or RIN number 1904–AC58) is available 

for review at 

http://www.regulations.gov, including 

Federal Register notices, comments, 

and other supporting documents/ 

materials. All documents in the docket 

are listed in the http:// 

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. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, 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. E-mail: 

Ashley.Armstrong@ee.doe.gov. 

In the Office of the General Counsel, 

contact Ms. Laura Barhydt, U.S. 

Department of Energy, Office of the 

General Counsel, GC–32, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–5772. E-mail: 

Laura.Barhydt@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background on the Test Procedures 

for Walk-In Coolers and Freezers 

The Energy Policy and Conservation 

Act (EPCA), as amended by section 

312(c) of the Energy Independence and 

Security Act (EISA 2007), requires the 

Department of Energy (DOE) to 

prescribe a test procedure to measure 

the energy use of walk-in coolers and 

freezers (collectively, walk-ins or 

WICFs). See 42 U.S.C. 6314(a). DOE 

recently satisfied this requirement by 

issuing a final rule establishing a test 

procedure for manufacturers to use 

when measuring the energy use or 

energy efficiency of certain walk-in 

components: Panels, non-display doors, 

display doors, and refrigeration systems. 

See 76 FR 21580 (April 15, 2011) (final 

rule prescribing walk-in test procedures) 

and 76 FR 33631 (June 9, 2011) (notice 

containing corrected formulas). 

Since the publication of that 

rulemaking, DOE recognized a need to 

clarify the date by which manufacturers 

must begin using the test procedure. 

The SUMMARY and DATES sections of the 

preamble text to the final rule stated 

that the test procedures will be 

mandatory for making representations of 

energy usage or energy efficiency 

starting October 12, 2011; that is, 180 

days after publication of the test 

procedure final rule. DOE published a 

notice of proposed rulemaking on 

August 9, 2011, which proposed to 

clarify that the compliance date for 

using the new test procedure for 

certifications of compliance will be the 

same as the compliance date for the 

performance-based energy conservation 

standards currently under development. 

76 FR 48745. At this time, DOE plans 

to issue the performance-based 

standards final rule by 2012 and 

manufacturers must comply with those 

standards within three years of 

publication of the final rule. Thus, 

pending the completion of the 

performance-based energy conservation 

standards rulemaking, manufacturers 

will be required to certify compliance to 

those standards using the new test 

procedure in 2015, unless DOE adopts 

an alternative compliance date.1 Id. 

In addition, DOE clarified the entity 

responsible for certifying compliance to 


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Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 65363 

the Department for WICFs in the 

preamble of the certification, 

compliance, and enforcement final rule 

published on March 7, 2011 in the 

Federal Register. 76 FR 12422. 

Specifically, DOE discussed a 

certification scheme requiring the WICF 

component manufacturer to certify 

compliance to the Department. 76 FR 

12442–44. Since the March 2011 final 

rule, DOE has received numerous 

additional inquiries and questions 

regarding this compliance scheme. 

Thus, the August 2011 NOPR proposed 

regulatory text in 10 CFR 429.53 to 

further clarify that only component 

manufacturers are required to submit 

certifications of compliance with the 

current standards (i.e., those designbased standards resulting from the 

enactment of EISA 2007). 76 FR 48748. 

These clarifications are consistent with 

the initial approach outlined in the 

March 2011 final rule and are meant to 

help manufacturers further determine 

who is responsible for certifying 

compliance to the Department. 

II. Background for the Certification 

Compliance Date of Metal Halide Lamp 

Fixtures 

DOE’s recent certification, compliance 

and enforcement rulemaking extended 

the compliance dates for certification of 

several types of commercial equipment. 

76 FR 38287, 38292. Specifically, DOE 

extended the certification compliance 

date for manufacturers of metal halide 

lamp fixtures to October 1, 2011. Since 

the issuance of the final rule, additional 

information has come to the attention of 

the DOE regarding a lack of sufficient 

test data to support certification on the 

full sample required by DOE’s 

regulations. To provide parity with 

similarly situated manufacturers of 

other types of commercial equipment, 

DOE proposed to extend the 

certification compliance date further for 

manufacturers of metal halide lamp 

fixtures, requiring submittal of a 

certification report no later than 1 year 

following publication of this final rule 

(i.e., approximately October 2012). 76 

FR 48747, 48748. 

III. Discussion of Comments and 

Summary of Final Rule 

In response to the August 2011 NOPR, 

DOE received 3 comments, which are 

discussed in detail below. 

A. Walk-In Coolers and Freezers 

The Air-Conditioning, Heating, and 

Refrigeration Institute (AHRI) did not 

agree with DOE’s proposal to set the test 

procedure compliance date to be the 

same as the date of compliance with the 

standards, but stated that the 

manufacturers should not be 

responsible for compliance until after an 

alternate efficiency determination 

method (AEDM) rulemaking is 

complete. AHRI urged DOE to set the 

test procedure compliance date no 

sooner than 3 years from the completion 

of an AEDM rulemaking. (AHRI, No. 

0006 at p. 2) 

In response to the comment from 

AHRI, DOE clarifies that once the 

compliance date of the walk-in energy 

conservation standard is reached, 

manufacturers must use the new DOE 

test procedure to certify compliance 

with the performance-based standards. 

However, if use of an AEDM is allowed, 

manufacturers may use the AEDM to 

certify compliance as long as the 

manufacturers satisfy DOE’s provisions 

governing the use of the AEDM. DOE 

intends to complete both the AEDM and 

performance-based standards rules in 

2012. While the exact compliance date 

cannot be predicted at this time, DOE 

expects the publication of these two 

final rules to be on a similar schedule. 

As a result, consistent with AHRI’s 

suggestion, under the rulemaking 

schedule currently underway, DOE 

anticipates that manufacturers are likely 

to have at least 3 years to make the 

transition to the new test procedure. 

Regarding energy use representations, 

Hill Phoenix, a manufacturer of panels 

used in walk-in applications, stated that 

requiring energy representations (other 

than those based on R-value) to be based 

on the new test procedure (starting on 

October 12, 2011) would be unduly 

burdensome to manufacturers because 

the National Sanitation Foundation 

International (NSF) requires panel 

manufacturers to provide the panel’s Ufactor if the panel manufacturer is not 

providing refrigeration systems with the 

panels. Hill Phoenix recommended that 

DOE allow manufacturers additional 

time to complete the testing for 

purposes of representations, and 

recommended that the new test 

procedures only be used when the new 

standards go into effect (i.e., three years 

after publication). (Hill Phoenix, No. 

0005 at p. 1) 

Under 42 U.S.C. 6314(d), 180 days 

after DOE has published a test 

procedure, no manufacturer, distributor, 

retailer, or private labeler may make any 

representation in writing or in any 

broadcast advertisement regarding the 

energy consumption of covered 

equipment—or the cost of energy 

consumed by that equipment—unless 

that equipment has been tested in 

accordance with that test procedure. See 

42 U.S.C. 6314(d)(1). DOE is permitted 

to extend that 180-day requirement once 

for no more than 180 days upon receipt 

of a timely submitted petition (i.e. 

submitted no later than the 60th day 

before the expiration of the period 

involved) from a manufacturer, 

distributor, retailer, or private labeler. In 

this case, a timely petition should have 

been filed by August 12, 2011; Hill 

Phoenix’s comments were submitted on 

August 30, 2011. As a result, DOE 

cannot treat this comment as having 

been filed in a timely manner in 

accordance with this provision. 

Nevertheless, DOE carefully examined 

this issue. After reviewing this issue, 

DOE has concluded that manufacturers 

who have already conducted the 

required testing in accordance with that 

new (April 2011) test procedure would 

be able to make the required 

representations, including those made 

to NSF. NSF certification is an ongoing 

process and must be maintained by 

manufacturers producing equipment for 

the food industry, which represent the 

vast majority of manufacturers in the 

walk-in industry. Manufacturers have 

had several months since the 

promulgation of that final rule to initiate 

and complete testing necessary for 

making these representations. While the 

U-factor testing required by DOE, 

including long-term thermal resistance 

testing, may take time to perform, DOE 

has no statutory authority to relieve 

manufacturers of the representation 

requirement under 42 U.S.C. 6314(d). In 

consideration of these factors, DOE 

cannot extend the amount of time 

available to manufacturers before they 

must begin to use the new April 2011 

test procedure for all representations of 

energy use or energy efficiency using 

the new DOE test procedure, including 

U-factor. 

DOE encourages voluntary 

compliance with the new test procedure 

prior to the compliance date of any 

energy conservation performance-based 

standards that may be set for walk-in 

equipment. However, if DOE sets energy 

conservation standards for walk-in 

equipment, the new test procedure must 

be used once the compliance date for 

those standards is reached. 

DOE also notes that manufacturers 

must still use DOE’s current testing 

procedure in 431.304(b)(1)–(4) to certify 

compliance to the EISA 2007 R-value 

standards. All R-value representations 

must be determined using DOE’s testing 

procedure and sampling plans for WICF 

panels. 

In the test procedure final rule, DOE 

established the industry standard AHRI 

1250–2009 as the method for testing 

walk-in refrigeration systems. See 76 FR 

33631. AHRI recommended that the 

entity responsible for certifying 

compliance should be the party 


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65364 Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 

responsible for the rating of the entire 

refrigeration system as prescribed by the 

DOE test procedure. AHRI also stated 

that the party responsible for rating the 

refrigeration system would not 

necessarily be the manufacturer making 

the individual components constituting 

the refrigeration system (e.g., unit 

coolers or condensing units). AHRI 

requested that DOE clarify this point in 

the final rule. (AHRI, No. 0006 at p. 2) 

DOE plans to clarify which entity would 

be responsible for certifying compliance 

with any potential performance-based 

standard that DOE may set as part of the 

planned rulemaking addressing 

potential standards for walk-in 

equipment. DOE will consider AHRI’s 

comments, along with others that are 

submitted, in that rulemaking 

proceeding. 

DOE notes its adoption of provisions 

regarding testing for WICF panels in 

today’s final rule. Specifically, DOE is 

clarifying that manufacturers are not, 

and will not, be required to test nonfoam members and/or edge regions 

using the ASTM C518 test procedure 

prescribed in EPCA. Non-foam members 

and edge regions are only considered in 

the U-factor testing using ASTM C1363, 

which is part of the new DOE test 

procedures. Manufacturers have 

questioned whether the metal facers 

should be in place during testing. DOE 

does not consider the facers to be 

‘‘structural members.’’ DOE believes 

that the measurement of the R-value of 

the foam with facers should be equal to 

a measurement of the R-value of the 

foam without the facers. Consistent with 

this approach, DOE is adopting the 

following clarification in today’s final 

rule: ‘‘Foam produced inside of a panel 

* * * must be tested in its final foamed 

state and must not include any 

structural members or non-foam 

materials other than the panel’s 

protective skins or facers.’’ 

Finally, DOE notes its adoption of 

provisions regarding testing for WICF 

panels in today’s final rule. DOE is 

adopting regulatory text to clarify that 

the entity responsible for certifying 

compliance is the WICF component 

manufacturer. Furthermore, DOE is 

clarifying that only door, panel and fan 

motor WICF component manufacturers 

are required to submit certifications of 

compliance with the current standards 

(i.e., those design-based standards 

resulting from the enactment of EISA 

2007). DOE emphasizes that WICFs 

distributed in commerce in the United 

States must meet all of the design 

standards enacted in EISA 2007, 

irrespective of whether a certification 

report is required. DOE also notes that 

it is clarifying that the anti-sweat heater 

power draw should be reported in watts 

per square foot of door opening, which 

is consistent with the units used in the 

current EISA 2007 standards. 

B. Metal Halide Lamp Ballast and 

Fixtures 

Due to the lack of sufficient test data 

to support certification as further 

outlined above, DOE proposed to extend 

the certification compliance date for 

manufacturers of metal halide lamp 

fixtures and to require the submittal of 

an initial certification report by no later 

than one year following publication of 

the final rule. 76 FR 48747, 48748. In 

response, NEMA supported DOE’s 

proposed one year extension. In 

addition, NEMA requested that DOE 

consider aligning the initial certification 

and annual certification reporting dates 

to reduce reporting burden. (NEMA, No. 

0002, p. 1) DOE is adopting a 1-year 

extension from publication of the final 

rule for manufacturers to submit 

certification reports to DOE for all basic 

models distributed in commerce. Since 

the 1-year extension will be after the 

annual submission deadline for 2012, 

the annual requirement does not apply 

for that particular year. DOE notes that 

in the years following 2012, 

manufacturers will still be required to 

meet the annual filing deadline of 

September 1. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

This final rule has been determined 

not to be a ‘‘significant regulatory 

action’’ under section 3(f) of Executive 

Order 12866. Accordingly, this action 

was not subject to review under the 

Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (IRFA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. As 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts of its rules on small entities are 

properly considered during the DOE 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site: http:// 

www.gc.doe.gov. 

DOE reviewed this final rule under 

the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. This final rule would merely 

extend the compliance date of a 

rulemaking already promulgated. To the 

extent such action has any economic 

impact it would be positive in that it 

would allow regulated parties 

additional time to come into 

compliance. DOE did undertake a full 

regulatory flexibility analysis of the 

original test procedures rulemaking. 

That analysis considered the impacts of 

that rulemaking on small entities. As a 

result, DOE certifies that, this final rule, 

which would clarify the application of 

the test procedures, would not have a 

significant economic impact on a 

substantial number of small entities. 

C. Review Under the National 

Environmental Policy Act 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from review 

Under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. 

Specifically, this rule amends an 

existing rule without changing its 

environmental effect and, therefore, is 

covered by the Categorical Exclusion in 

10 CFR part 1021, subpart D, paragraph 

A5. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s final rule. 

List of Subjects 

10 CFR Part 429 

Energy conservation, Household 

appliances, Reporting and 

recordkeeping requirements. 

10 CFR Part 431 

Administrative practice and 

procedure, Energy conservation, 

Reporting and recordkeeping 

requirements. 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 204 / Friday, October 21, 2011 / Rules and Regulations 65365 

Issued in Washington, DC, on October 13, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, DOE amends parts 429 and 

431 of chapter II of title 10 of the Code 

of Federal Regulations to read as 

follows: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Revise § 429.12(i)(6) to read as 

follows: 

§ 429.12 General requirements applicable 

to certification reports. 

* * * * * 

(i) * * * 

(6) Metal halide lamp ballasts and 

fixtures, October 22, 2012. 

■ 3. Revise § 429.53(b) to read as 

follows: 

§ 429.53 Walk-in coolers and walk-in 

freezers. 

* * * * * 

(b) Certification reports. (1) Except 

that § 429.12(b)(6) applies to the 

certified component, the requirements 

of § 429.12 are applicable to 

manufacturers of the components of 

walk-in coolers and freezers (WICFs) 

listed in paragraph (b)(2) of this section, 

and; 

(2) Pursuant to § 429.12(b)(13), a 

certification report shall include the 

following public product-specific 

information: 

(i) For WICF doors: The door type, Rvalue of the door insulation, and a 

declaration that the manufacturer has 

incorporated the applicable design 

requirements. In addition, for those 

WICFs with transparent reach-in doors 

and windows: The glass type of the 

doors and windows (e.g., double-pane 

with heat reflective treatment, triplepane glass with gas fill), and the power 

draw of the antisweat heater in watts 

per square foot of door opening. 

(ii) For WICF panels: The R-value of 

the insulation (except for glazed 

portions of the doors or structural 

members) 

(iii) For WICF fan motors: The motor 

purpose (i.e., evaporator fan motor or 

condenser fan motor), the horsepower, 

and a declaration that the manufacturer 

has incorporated the applicable design 

requirements. 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 4. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 5. Section 431.304 is amended by: 

■ a. Redesignating paragraph (b) as 

paragraph (c); 

■ b. Adding a new paragraph (b); 

■ c. In newly redesignated paragraph 

(c), revising the paragraph heading; 

adding new introductory text prior to 

paragraph (c)(1); redesignating 

paragraphs (c)(5) through (c)(8) as 

paragraphs (c)(7) through (c)(10); and 

adding new paragraphs (c)(5) and (c)(6). 

The revisions and additions read as 

follows: 

§ 431.304 Uniform test method for the 

measurement of energy consumption of 

walk-in coolers and walk-in freezers. 

* * * * * 

(b) Testing and Calculations—EISA 

2007 Test Procedure. Manufacturers 

shall use this paragraph (b) for the 

purposes of certifying compliance with 

the applicable energy conservation 

standards of the R-value of panels until 

January 1, 2015. 

(1) The R value shall be the 1/K factor 

multiplied by the thickness of the panel. 

(2) The K factor shall be based on 

ASTM C518 (incorporated by reference, 

see § 431.303). 

(3) For calculating the R value for 

freezers, the K factor of the foam at 20 

degrees Fahrenheit (average foam 

temperature) shall be used. 

(4) For calculating the R value for 

coolers, the K factor of the foam at 55 

degrees Fahrenheit (average foam 

temperature) shall be used. 

(5) Foam shall be tested after it is 

produced in its final chemical form. 

Foam produced inside of a panel 

(‘‘foam-in-place’’) must be tested in its 

final foamed state and must not include 

any structural members or non-foam 

materials other than the panel’s 

protective skins or facers. A test sample 

less than or equal to 4 inches thick must 

be taken from the center of the foam-inplace panels. Foam produced as board 

stock may be tested prior to its 

incorporation into a final panel. 

(6) Manufacturers are not required to 

consider non-foam member and/or edge 

regions in ASTM C518 testing. 

(c) Testing and Calculations— 

Amended Test Procedures. 

Manufacturers shall use this paragraph 

(c) for any representations of energy 

efficiency/energy use starting on 

October 12, 2011 and to certify 

compliance to the energy conservation 

standards of the R-value of panels on or 

after January 1, 2015. 

* * * * * 

(5) For ASTM C518 testing, foam shall 

be tested after it is produced in its final 

chemical form. Foam produced inside of 

a panel (‘‘foam-in-place’’) must be tested 

in its final foamed state and must not 

include any structural members or nonfoam materials other than the panel’s 

protective skins or facers. A test sample 

less than or equal to 4 inches thick must 

be taken from the center of the foam-inplace panels. Foam produced as board 

stock may be tested prior to its 

incorporation into a final panel. 

(6) Manufacturers are not required to 

consider non-foam member and/or edge 

regions in ASTM C518 testing. 

* * * * * 

[FR Doc. 2011–27154 Filed 10–20–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

DEPARTMENT OF THE TREASURY 

19 CFR Parts 10, 24, 162, 163, and 178 

[USCBP–2010–0041; CBP Dec. 11–19] 

RIN 1515–AD68 

United States-OMAN Free Trade 

Agreement 

AGENCIES: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Department of the Treasury. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule, without change, interim 

amendments to the Customs and Border 

Protection (‘‘CBP’’) regulations which 

were published in the Federal Register 

on January 6, 2011, as CBP Dec. 11–01 

to implement the preferential tariff 

treatment and other customs-related 

provisions of the United States—Oman 

Free Trade Agreement entered into by 

the United States and the Sultanate of 

Oman. 

DATES: Final rule effective November 21, 

2011. 

FOR FURTHER INFORMATION CONTACT: 

Textile Operational Aspects: Nancy 

Mondich, Office of International Trade, 

(202) 863–6524. Other Operational 

Aspects: Seth Mazze, Office of 


emcdonald on DSK5VPTVN1PROD with RULES