This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

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Rules and Regulations Federal Register

24341 

Vol. 77, No. 79 

Tuesday, April 24, 2012 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2010–BT–TP–0021] 

RIN 1904–AC08 

Energy Conservation Program: Test 

Procedures for Residential Clothes 

Washers; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; correction. 

SUMMARY: This final rule corrects the 

provisions for calculating the annual 

operating cost of residential clothes 

washers. In the final rule establishing 

new and amended test procedures for 

residential clothes washers, published 

in the Federal Register on March 7, 

2012, and effective as of April 6, 2012, 

the U.S. Department of Energy (DOE) 

erroneously referenced the new test 

procedure, rather than the currently 

effective test procedure, in one section 

of the provisions for calculating annual 

operating cost. 

DATES: This correction is effective April 

24, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Witkowski, 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. 

Telephone: (202) 586–7463. Email: 

Stephen.Witkowski@ee.doe.gov. 

Elizabeth Kohl, Esq., U.S. Department of 

Energy, Office of General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–7796. Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

published new and amended test 

procedures for residential clothes 

washers on March 7, 2012. 77 FR 13888. 

The current test procedure is codified at 

appendix J1 in 10 CFR part 430 subpart 

B. The March 2012 final rule amended 

certain provisions in appendix J1, 

established new clothes washer test 

procedures codified in a new appendix 

J2 in 10 CFR part 430 subpart B, and 

amended the procedures for calculating 

the annual operating cost in 10 CFR 

430.23(j). Residential clothes washer 

manufacturers may continue to use 

appendix J1 to determine compliance of 

their products with energy conservation 

standards until the compliance date of 

any amended standards. 

In the preamble to the March 2012 

final rule, DOE described its intention to 

amend the annual operating cost 

calculation in 10 CFR 430.23(j) to 

incorporate the cost of energy consumed 

in standby and off modes, and to reflect 

an updated number of annual use 

cycles, for clothes washers tested using 

the new appendix J2. DOE intended to 

maintain the annual operating cost 

calculation for clothes washers tested 

using the currently effective appendix 

J1, which applies to residential clothes 

washers currently on the market. In the 

March 2012 final rule, DOE erroneously 

referenced appendix J2 in the provisions 

at newly designated 10 CFR 

430.23(j)(1)(i), which are intended to 

apply to clothes washers tested using 

appendix J1. The remainder of the text 

in paragraph (i) correctly refers to 

appendix J1. The provisions for 

calculating the annual operating cost of 

clothes washers tested using appendix 

J2 are found at the newly created 10 

CFR 430.23(j)(1)(ii). 

This final rule amends 10 CFR 

430.23(j)(1)(i) to reference appendix J1 

rather than appendix J2. This correction 

also applies to the parenthetical note in 

430.23(j)(1)(i), which should reference 

the introductory note in appendix J1 

rather than appendix J2. 

For clarity and consistency between 

430.23(j)(1)(i) and 430.23(j)(1)(ii), this 

final rule also amends 430.23(j)(1)(ii) to 

include a parenthetical note, analogous 

to the parenthetical note in 

430.23(j)(1)(i), referencing the 

introductory note in appendix J2. 

Procedural Issues and Regulatory 

Review 

The regulatory reviews conducted for 

this rulemaking are those set forth in the 

March 2012 final rule that originally 

codified amendments to DOE’s test 

procedures for residential clothes 

washers. The amendments in the March 

2012 final rule became effective April 6, 

2012. 

Pursuant to the Administrative 

Procedure Act, 5 U.S.C. 553(b), DOE has 

determined that notice and prior 

opportunity for comment on this rule 

are unnecessary and contrary to the 

public interest. The provisions in 10 

CFR 430.23(j)(1)(i) are intended to apply 

to residential clothes washers currently 

on the market, as indicated by the 

remaining text of paragraph (i) that 

follows the erroneous reference to 

appendix J2. In addition, this correction 

is needed to ensure clarity regarding the 

annual energy cost calculated according 

to 430.23(j)(1)(i), which is required to be 

displayed on the Federal Trade 

Commission’s current EnergyGuide 

Label for residential clothes washers as 

the primary indicator of product energy 

efficiency. (16 CFR 305.5(a)(6); 

305.11(f)(5); (f)(8)) For these reasons, 

DOE has also determined that there is 

good cause to waive the 30-day delay in 

effective date. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Incorporation by reference, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on April 17, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

For the reasons stated in the 

preamble, part 430 of title 10 of the 

Code of Federal Regulations is corrected 

by making the following correcting 

amendments: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

■ 2. Section 430.23 is amended by 

revising paragraphs (j)(1)(i) introductory 

text and (ii) introductory text to read as 

follows: 

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24342 Federal Register / Vol. 77, No. 79 / Tuesday, April 24, 2012 / Rules and Regulations 

§ 430.23 Test procedures for the 

measurement of energy and water 

consumption. 

* * * * * 

(j) * * * 

(1) * * * 

(i) When using appendix J1 (see the 

note at the beginning of appendix J1), 

* * * * * 

(ii) When using appendix J2 (see the 

note at the beginning of appendix J2), 

* * * * * 

[FR Doc. 2012–9841 Filed 4–23–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1325; Directorate 

Identifier 2010–NM–250–AD; Amendment 

39–17014; AD 2012–07–08] 

RIN 2120–AA64 

Airworthiness Directives; Empresa 

Brasileira de Aeronautica S.A. 

(EMBRAER) Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

all EMBRAER Model ERJ 170 airplanes. 

That AD currently requires revising the 

Airworthiness Limitations Section 

(ALS) of the Instructions for Continued 

Airworthiness (ICA) to incorporate new 

structural inspection requirements. 

Since we issued that AD, during full 

scale fatigue testing, cracks were found 

in certain structural components of the 

airplane. Analysis of these cracks 

resulted in the manufacturer modifying 

the ALS of EMBRAER 170 Maintenance 

Review Board Report (MRBR), to 

include new inspections tasks, or 

modifying the current tasks and their 

respective thresholds and intervals. This 

new AD requires revising the 

maintenance program to incorporate 

new or revised structural inspection 

requirements. We are issuing this AD to 

detect and correct fatigue cracking 

which could result in the loss of 

structural integrity of the airplane. 

DATES: This AD becomes effective May 

29, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of May 29, 2012. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain other publications listed in 

this AD as of July 6, 2010 (75 FR 30284, 

June 1, 2010). 

ADDRESSES: You may examine the AD 

docket on the Internet at http:// 

www.regulations.gov or in person at the 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Cindy Ashforth, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; telephone 

425–227–2768; fax 425–227–1320. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on December 29, 2011 (76 FR 

81894), and proposed to supersede AD 

2010–11–13, Amendment 39–16318 (75 

FR 30284, June 1, 2010). That NPRM 

proposed to correct an unsafe condition 

for the specified products. The MCAI 

states: 

During the airplane full scale fatigue test, 

cracks were found in some structural 

components of the airplane. Analysis of these 

cracks resulted in modifications on the 

Airworthiness Limitation Section (ALS) of 

Embraer ERJ 170 Maintenance Review Board 

Report (MRBR), to include new inspections 

tasks or modification of existing ones and its 

respective thresholds and intervals. 

Failure to inspect these structural 

components, according to the new/revised 

tasks, thresholds and intervals, could prevent 

a timely detection of fatigue cracking. These 

cracks, if not properly addressed, could 

adversely affect the structural integrity of the 

airplane. 

* * * * * 

The required action is revising the 

maintenance program to incorporate 

new structural inspection requirements. 

You may obtain further information by 

examining the MCAI in the AD docket. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (76 

FR 81894, December 29, 2011) or on the 

determination of the cost to the public. 

Explanation of Changes Made to This 

AD 

We have revised certain headers 

throughout this AD. We have also 

redesignated Note 1 of the NPRM (76 FR 

81894, December 29, 2011) as paragraph 

(c)(2) of this AD, and paragraph (c) of 

the NPRM as paragraph (c)(1) of this 

AD. These changes have not changed 

the intent of this AD. 

Conclusion 

We reviewed the relevant data and 

determined that air safety and the 

public interest require adopting the AD 

with the changes described previously— 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM (76 FR 

81894, December 29, 2011) for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM (76 FR 81894, 

December 29, 2011). 

Costs of Compliance 

We estimate that this AD will affect 

about 166 products of U.S. registry. 

The actions that are required by AD 

2010–11–13, Amendment 39–16318 (75 

FR 30284, June 1, 2010), and retained in 

this AD take about 1 work-hour per 

product, at an average labor rate of $85 

per work hour. Based on these figures, 

the estimated cost of the currently 

required actions is $85 per product. 

We estimate that it will take about 1 

work-hour per product to comply with 

the new basic requirements of this AD. 

The average labor rate is $85 per workhour. Based on these figures, we 

estimate the cost of this AD to the U.S. 

operators to be $14,110, or $85 per 

product. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

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