69122 Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

NRC is adopting the following 

amendments to 10 CFR Part 40. 

PART 40—DOMESTIC LICENSING OF 

SOURCE MATERIAL 

■ 1. The authority citation for part 40 

continues to read as follows: 

Authority: Secs. 62, 63, 64, 65, 81, 161, 

182, 183, 186, 68 Stat. 932, 933, 935, 948, 

953, 954, 955, as amended, secs. 11e(2), 83, 

84, Pub. L. 95–604, 92 Stat. 3033, as 

amended, 3039, sec. 234, 83 Stat. 444, as 

amended (42 U.S.C. 2014(e)(2), 2092, 2093, 

2094, 2095, 2111, 2113, 2114, 2201, 2232, 

2233, 2236, 2282); sec. 274, Pub. L. 86–373, 

73 Stat. 688 (42 U.S.C. 2021); secs. 201, as 

amended, 202, 206, 88 Stat. 1242, as 

amended, 1244, 1246 (42 U.S.C. 5841, 5842, 

5846); sec. 275, 92 Stat. 3021, as amended by 

Pub. L. 97–415, 96 Stat. 2067 (42 U.S.C. 

2022); sec. 193, 104 Stat. 2835, as amended 

by Pub. L. 104–134, 110 Stat. 1321, 1321–349 

(42 U.S.C. 2243), sec. 1704, 112 Stat. 2750 (44 

U.S.C. 3504 note); Energy Policy Act of 2005, 

Pub. L. No. 109–59, 119 Stat. 594 (2005). 

Section 40.7 also issued under Pub. L. 95– 

601, sec. 10, 92 Stat. 2951 as amended by 

Pub. L. 102–486, sec. 2902, 106 Stat. 3123 (42 

U.S.C. 5851). Section 40.31(g) also issued 

under sec. 122, 68 Stat. 939 (42 U.S.C. 2152). 

Section 40.46 also issued under sec. 184, 68 

Stat. 954, as amended (42 U.S.C. 2234). 

Section 40.71 also issued under sec. 187, 68 

Stat. 955 (42 U.S.C. 2237). 

■ 2. In § 40.13, paragraph (a), the last 

sentence is revised, and a new 

paragraph (c)(5)(v) is added to read as 

follows: 

§ 40.13 Unimportant quantities of source 

material. 

(a) * * * The exemption contained in 

this paragraph does not apply to 

Australian-obligated source material, 

nor does it include byproduct materials 

as defined in this part. 

* * * * * 

(c) * * * 

(5) * * * 

(v) Consistent with § 40.52, the 

counterweights are not manufactured 

for a military purpose using Australianobligated source material. 

* * * * * 

■ 3. Section 40.52 is added to read as 

follows: 

§ 40.52 Restrictions on the use of 

Australian-obligated source material. 

(a) In accordance with Article 8 of the 

Agreement between the Government of 

Australia and the Government of the 

United States of America Concerning 

Peaceful Uses of Nuclear Energy, dated 

2010, Australian-obligated source 

material shall not be used for military 

purposes. As used in this section, 

‘‘military purposes’’ includes, but is not 

limited to, the production of tritium for 

use in nuclear explosive devices; 

military nuclear propulsion; munitions, 

including depleted uranium munitions; 

and other direct military non-nuclear 

applications. ‘‘Military purposes’’ does 

not include the supply of electricity to 

a military base from any power network; 

the production of radioisotopes to be 

used for medical purposes in military 

hospitals; and such other similar 

purposes. 

(b) Licensees are prohibited from 

receiving, processing, transferring, or 

otherwise using Australian-obligated 

source material for military purposes. 

Dated at Rockville, Maryland, this 13th day 

of October 2011. 

For the Nuclear Regulatory Commission. 

Michael F. Weber, 

Acting Executive Director for Operations. 

[FR Doc. 2011–28894 Filed 11–7–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2006–STD–0127] 

RIN 1904–AB93 

Energy Conservation Program: Energy 

Conservation Standards for Certain 

Consumer Products (Dishwashers, 

Dehumidifiers, Microwave Ovens, and 

Electric and Gas Kitchen Ranges and 

Ovens) and for Certain Commercial 

and Industrial Equipment (Commercial 

Clothes Washers); Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; correction. 

SUMMARY: This final rule reinstates in 

Department of Energy (DOE) regulations 

the energy and water conservation 

standards required by the Energy Policy 

Act of 2005 (EPACT 2005) for 

commercial clothes washers (CCWs) 

until January 1, 2013. In the final rule 

establishing amended standards for 

CCW, published in the Federal Register 

on Friday, January 8, 2010 (75 FR 1122) 

and applicable as of January 1, 2013, 

DOE erroneously deleted reference to 

these EPACT 2005 standards. 

DATES: This correction is effective on 

November 8, 2011. The effective date of 

the rule published Friday, January 8, 

2010, was March 9, 2010. The standards 

established in that final rule will be 

applicable starting January 8, 2013. 

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 amended energy and water 

conservation standards for commercial 

clothes washers on January 8, 2010 (75 

FR 1122). Compliance with these 

amended standards is required as of 

January 1, 2103. Prior to January 1, 

2013, manufacturers are required to 

meet the standards established by Title 

III, Part C1 of the Energy Policy and 

Conservation Act of 1975 (EPCA or the 

Act), Public Law 94–163 (42 U.S.C. 

6311–6317, as codified), as amended by 

the Energy Policy Act of 2005 (EPACT 

2005; Pub. L. 109–058). Those standards 

require that CCWs manufactured on or 

after January 1, 2007 have a modified 

energy factor (MEF) of at least 1.26 

cubic feet of capacity (ft 3) per kilowatthour (kWh) and a water factor (WF) of 

not more than 9.5 gallons of water (gal) 

per ft 3. (42 U.S.C. 6313(e)) The EPACT 

2005 standards were previously codified 

in title 10 of the Code of Federal 

Regulations (CFR) part 431, subpart I, 

section 431.156 (70 FR 60407, Oct. 5, 

2008). In the January 8, 2010 final rule, 

however, DOE mistakenly deleted the 

EPACT 2005 standards from the 

regulatory text. This final rule reinserts 

the EPACT 2005 standards, which are 

applicable until January 1, 2013, into 

the regulatory text. 

Procedural Issues and Regulatory 

Review 

The regulatory reviews conducted for 

this rulemaking are those set forth in the 

October 8, 2005 final rule that originally 

codified the EPACT 2005 standards into 

DOE’s regulations. 

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 standards being 

reinstated into DOE’s regulations in 

today’s final rule are currently required 

by EPACT 2005. DOE previously 

codified these standards in its 

regulations in the October 2005 final 

rule without prior opportunity for 

comment given the EPACT 2005 

directive. DOE has determined that 

there is good cause to waive the 30-day 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Rules and Regulations 69123 

delay in effective date for these same 

reasons. 

List of Subjects in 10 CFR Part 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intragovernmental relations, Reporting 

and recordkeeping requirements, and 

Small businesses. 

Accordingly, part 431 of chapter II, 

subchapter D, of title 10 of the Code of 

Federal Regulations, is corrected by 

making the following correcting 

amendments: 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Section 431.156 of subpart I is 

revised to read as follows: 

§ 431.156 Energy and water conservation 

standards and effective dates. 

(a) Each commercial clothes washer 

manufactured between January 1, 2007, 

and January 8, 2013, shall have— 

(1) A modified energy factor of at least 

1.26; and 

(2) A water consumption factor of not 

more than 9.5. 

(b) Each commercial clothes washer 

manufactured on or after January 8, 

2013, shall have a modified energy 

factor no less than and a water factor no 

greater than: 

Equipment class 

Modified 

energy 

factor, 

cu. ft./kWh/ 

cycle 

Water 

factor, 

gal./cu. ft./ 

cycle 

Top-Loading ...... 1.60 8.5 

Front-Loading ... 2.00 5.5 

Issued in Washington, DC, on November 1, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2011–28920 Filed 11–7–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2007–27747; Directorate 

Identifier 2007–CE–030–AD; Amendment 

39–16782; AD 2009–10–09 R2] 

RIN 2120–AA64 

Airworthiness Directives; Cessna 

Aircraft Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting an 

airworthiness directive (AD) that 

published in the Federal Register. That 

AD applies to certain Cessna Aircraft 

Company (Cessna) Models 150F, 150G, 

150H, 150J, 150K, 150L, 150M, A150K, 

A150L, A150M, F150F, F150G, F150H, 

F150J, F150K, F150L, F150M, FA150K, 

FA150L, FRA150L, FA150M, FRA150M, 

152, A152, F152, and FA152 airplanes. 

There is an error in the compliance 

instructions. This document corrects 

that error. In all other respects, the 

original document remains the same. 

DATES: This final rule; correction, is 

effective November 8, 2011. The 

effective date for AD 2009–10–09 R2 

remains September 12, 2011. 

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, the regulatory 

evaluation, any comments received, and 

other information. The address for the 

Docket Office (phone: (800) 647–5527) 

is 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: Ann 

Johnson, Aerospace Engineer, FAA, 

Wichita Aircraft Certification Office, 

1801 Airport Road, Room 100, Wichita, 

Kansas 67209; phone: (316) 946–4105; 

fax: (316) 946–4107; email: 

ann.johnson@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Airworthiness Directive 2009–10–09 R2, 

Amendment 39–16782 (76 FR 53308, 

August 26, 2011), currently requires 

either installing a placard prohibiting 

spins and other acrobatic maneuvers in 

the airplane or replacing the rudder 

stop, the rudder stop bumper, and the 

attachment hardware with a new rudder 

stop modification kit for certain Cessna 

Models 150F, 150G, 150H, 150J, 150K, 

150L, 150M, A150K, A150L, A150M, 

F150F, F150G, F150H, F150J, F150K, 

F150L, F150M, FA150K, FA150L, 

FRA150L, FA150M, FRA150M, 152, 

A152, F152, and FA152 airplanes. 

As published, the text in the 

Procedures column of Table 2 in 

paragraph (g)(1) of this AD incorrectly 

states ‘‘* * * fabricate the placard 

required in paragraph (g)(1)(i) of this AD 

* * *’’, and the text should refer to 

paragraph (g)(1)(ii). 

No other part of the preamble or 

regulatory information has been 

changed; therefore, only the changed 

portion of the final rule is being 

published in the Federal Register. 

The effective date of this AD remains 

September 12, 2011. 

Correction of Regulatory Text 

§ 39.13 [Corrected] 

In the Federal Register of August 26, 

2011, on page 53311, in the 3rd column, 

Procedures, paragraph (g)(1), Table 2— 

Actions, Compliance and Procedures, of 

AD 2009–10–09 R2 is corrected to read 

as follows: 

* * * * * 

A person authorized to perform 

maintenance as specified in 14 CFR 43.3 of 

the Federal Aviation Administration 

Regulations (14 CFR 43.3) is required to make 

the AFM and POH changes, fabricate the 

placard required in paragraph (g)(1)(ii) of this 

AD, and make an entry into the aircraft 

logbook showing compliance with the 

portion of the AD per compliance with 14 

CFR 43.9. 

* * * * * 

Issued in Kansas City, Missouri, on 

November 2, 2011. 

John R. Colomy, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–28861 Filed 11–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–1301; Directorate 

Identifier 2010–SW–008–AD; Amendment 

39–16851; AD 2011–22–08] 

RIN 2120–AA64 

Airworthiness Directives; MD 

Helicopters, Inc. Model MD900 

Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Final rule. 


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