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.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

71623 

Vol. 79, No. 232 

Wednesday, December 3, 2014 

1To view the final rule and related documents, 

go to http://www.regulations.gov/

#!docketDetail;D=APHIS-2011-0101. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 145 and 146 

[Docket No. APHIS–2011–0101] 

RIN 0579–AD83 

National Poultry Improvement Plan and 

Auxiliary Provisions; Technical 

Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

July 9, 2014, and effective on August 8, 

2014, we amended the provisions of the 

National Poultry Improvement Plan by, 

among other things, amending the 

standards for the U.S. H5/H7 Avian 

Influenza Monitored classification. In 

that amendment, we incorrectly 

indicated that table-egg layer flocks may 

qualify for U.S. H5/H7 Avian Influenza 

Monitored status if they meet one of 

three testing and surveillance 

requirements, when we should have 

indicated such flocks must meet all 

applicable listed testing and 

surveillance requirements to qualify. 

This document corrects that error. We 

are also making several other minor 

edits for clarity. 

DATES: Effective December 3, 2014. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Denise Brinson, DVM, Director, 

National Poultry Improvement Plan, VS, 

APHIS, USDA, 1506 Klondike Road, 

Suite 101, Conyers, GA 30094–5104; 

(770) 922–3496. 

SUPPLEMENTARY INFORMATION: The 

National Poultry Improvement Plan 

(NPIP, also referred to below as ‘‘the 

Plan’’) is a cooperative Federal-Stateindustry mechanism for controlling 

certain poultry diseases. The Plan 

consists of a variety of programs 

intended to prevent and control poultry 

diseases. Participation in all Plan 

programs is voluntary, but breeding 

flocks, hatcheries, and dealers must first 

qualify as ‘‘U.S. Pullorum-Typhoid 

Clean’’ as a condition for participating 

in the other Plan programs. 

The regulations in 9 CFR parts 145, 

146, and 147 (referred to below as the 

regulations) contain the provisions of 

the Plan. The Animal and Plant Health 

Inspection Service (APHIS) of the U.S. 

Department of Agriculture (USDA) 

amends these provisions from time to 

time to incorporate new scientific 

information and technologies within the 

Plan. 

In a final rule 1 published in the 

Federal Register on July 9, 2014 (79 FR 

38752–38768, Docket No. APHIS–2011– 

0101), with an effective date of August 

8, 2014, we amended the regulations by, 

among other things, amending the 

standards for the U.S. H5/H7 Avian 

Influenza Monitored classification. 

Section 146.23(a) provides the U.S. H5/ 

H7 Avian Influenza Monitored 

classification for table-egg layer pullet 

flocks and table-egg layer flocks. Prior to 

the final rule, the introductory text for 

paragraph (a) addressed the table-egg 

layer industry generally, including both 

table-egg layer pullet flocks and tableegg layer flocks. Separate testing 

requirements were set out for each type 

of flock in paragraphs (a)(1) and (a)(2), 

respectively. However, this caused some 

confusion. Therefore, in the final rule, 

we reformatted paragraph (a) so that it 

includes introductory text in paragraphs 

(a)(1) and (a)(2) that is specific to each 

type of flock. The testing requirements, 

which remain the same, were set out for 

each type of flock using the phrase ‘‘A 

flock will qualify for this classification 

when the Official State Agency 

determines that it has met one of the 

following requirements.’’ While the use 

of ‘‘one of’’ is appropriate for paragraph 

(a)(1) as there are only two testing and 

surveillance options that satisfy the U.S. 

H5/H7 Avian Influenza Monitored 

classification, in order for flocks in 

paragraph (a)(2) to attain U.S. H5/H7 

Avian Influenza Monitored 

classification they must meet the 

requirements of paragraph (a)(2)(i) and 

either paragraph (a)(2)(ii) or (a)(2)(iii). 

Therefore, using ‘‘one of’’ in this case 

inadvertently removes necessary testing 

requirements. 

To clarify the requirements that must 

be followed for table-egg layer flocks to 

qualify as U.S. H5/H7 Avian Influenza 

Monitored classified, we are amending 

the introductory text in paragraph (a)(2) 

to make it clear that table-egg layer 

flocks must meet the requirements of 

paragraph (a)(2)(i) and the requirements 

of either paragraph (a)(2)(ii) or (a)(2)(iii). 

Section 145.23(h) sets out 

requirements for the U.S. Avian 

Influenza Clean classification for 

multiplier breeding flocks. The 

regulations currently state that a flock 

and the hatching eggs and chicks 

produced from it will obtain this 

classification if, along with other 

requirements, during each 90-day 

period, all multiplier spent fowl within 

the flock, up to a maximum of 30, are 

tested and found negative for avian 

influenza within 21 days prior to 

movement to slaughter. In the final rule, 

we intended to change this requirement 

to state that such a classification may be 

obtained when, in addition to other 

requirements, a sample of at least 11 

birds is tested and found negative to 

avian influenza within 21 days prior to 

slaughter. We are correcting this 

unintended omission in this technical 

amendment. 

We are also making several other 

changes to improve the clarity of the 

regulations. Section 145.33(l) sets out 

requirements for the U.S. Avian 

Influenza Clean classification for 

multiplier meat-type chicken breeding 

flocks. However, the introductory text in 

paragraph (l) inadvertently refers to 

members of such flocks as ‘‘primary 

breeding chickens.’’ Therefore, we are 

amending the introductory text in 

paragraph (l) to replace the word 

‘‘primary’’ with the word ‘‘multiplier.’’ 

In paragraph (l)(2) we are also adding 

the word ‘‘serologically’’ after the word 

‘‘tested’’ and the words ‘‘for antibodies 

for avian influenza’’ after the word 

‘‘negative.’’ Finally, we are adding the 

words ‘‘for antibodies for avian 

influenza’’ after the word ‘‘negative’’ in 

§ 145.83(g)(2). We are making these 

changes to clarify the nature of the 

required testing. 


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71624 Federal Register / Vol. 79, No. 232 / Wednesday, December 3, 2014 / Rules and Regulations 

1All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Pub. L. 112–210 (Dec. 18, 2012). 

List of Subjects in 9 CFR Parts 145 and 

146 

Animal diseases, Poultry and poultry 

products, Reporting and recordkeeping 

requirements. 

Accordingly, we are amending 9 CFR 

parts 145 and 146 as follows: 

PART 145—NATIONAL POULTRY 

IMPROVEMENT PLAN FOR BREEDING 

POULTRY 

■ 1. The authority citation for part 145 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

■ 2. In § 145.23, paragraph (h)(2) is 

revised to read as follows: 

§ 145.23 Terminology and classification; 

flocks and products. 

* * * * * 

(h) * * * 

(2) A sample of at least 11 birds must 

be tested and found negative to avian 

influenza within 21 days prior to 

slaughter. 

* * * * * 

■ 3. Section 145.33 is amended in 

paragraph (l) introductory text, by 

revising the second sentence after the 

heading and by revising paragraph (l)(2) 

to read as follows: 

§ 145.33 Terminology and classification; 

flocks and products. 

* * * * * 

(l) * * * It is intended to determine 

the presence of avian influenza in 

multiplier breeding chickens through 

routine surveillance of each 

participating breeding flock. * * * 

* * * * * 

(2) During each 90-day period, all 

multiplier spent fowl, up to a maximum 

of 30, must be tested serologically and 

found negative for antibodies for avian 

influenza within 21 days prior to 

movement to slaughter. 

* * * * * 

§ 145.83 [Amended] 

■ 4. In § 145.83, paragraph (g)(2) is 

amended by adding the words ‘‘for 

antibodies for avian influenza’’ after the 

word ‘‘negative’’. 

PART 146—NATIONAL POULTRY 

IMPROVEMENT PLAN FOR 

COMMERCIAL POULTRY 

■ 5. The authority citation for part 146 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, 

2.80, and 371.4. 

§ 146.23 [Amended] 

■ 6. Section 146.23 is amended as 

follows: 

■ a. In paragraph (a)(2) introductory 

text, by removing the words ‘‘one of’’. 

■ b. In paragraph (a)(2)(i), by adding the 

words ‘‘and either’’ after the word 

‘‘disposal;’’. 

Done in Washington, DC, this 26th day of 

November 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–28439 Filed 12–2–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[Docket No. EERE–2013–BT–TP–0002] 

RIN 1904–AC93 

Energy Conservation Program: Test 

Procedures for Commercial Clothes 

Washers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: On February 11, 2014, the 

U.S. Department of Energy (DOE) issued 

a notice of proposed rulemaking (NOPR) 

to amend the test procedures for 

commercial clothes washers (CCWs). 

That proposed rulemaking serves as the 

basis for today’s action. DOE is issuing 

a final rule making a technical 

correction to the certification reporting 

requirements for CCWs established 

under the Energy Policy and 

Conservation Act (EPCA), adopting a 

new test procedure to be used to 

determine compliance with any revised 

energy conservation standards for 

CCWs, and clarifying the dates for 

which the current and new test 

procedures must be used to determine 

compliance with existing energy 

conservation standards and any future 

revised energy conservation standards 

for CCWs. 

DATES: The effective date of this rule is 

January 2, 2015. 

ADDRESSES: The docket, which includes 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials, is available for 

review at regulations.gov. All 

documents in the docket are listed in 

the regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket for this rulemaking can be 

found at: http://www.regulations.gov/

#!docketDetail;D=EERE-2013-BT-TP0002. The regulations.gov Web page will 

contain simple instructions on how to 

access all documents, including public 

comments, in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Berringer, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringers@ee.doe.gov. 

Johanna Hariharan, U.S. Department 

of Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6307. Email: 

Johanna.Hariharan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Summary of the Final Rule 

III. Discussion 

A. Early Use of Appendix J2 for Current 

Energy Conservation Standards 

B. Drying Energy Calculation 

C. Water Heating Calculation 

D. Temperature Use Factors 

E. Technical Correction to 10 Code of 

Federal Regulations 429.46 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

V. Approval of the Office of the Secretary 

I. Authority and Background 

Title III of the Energy Policy and 

Conservation Act of 1975 (42 U.S.C. 

6291, et seq.; ‘‘EPCA’’), Pub. L. 94–163, 

sets forth a variety of provisions 

designed to improve energy efficiency.1


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