17036 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 

regulatory and informational impacts of 

this action on small businesses. 

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/ 

AMSv1.0/ams.fetchTemplateData.

do?template=TemplateN&page=

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on a 

relaxation of the size requirement 

prescribed under the Colorado potato 

marketing order. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) Any changes resulting from 

this rule should be effective as soon as 

practicable because the Colorado Area 

No. 3 potato shipping season began in 

July; (2) the Committee discussed and 

unanimously recommended these 

changes at public meetings and all 

interested parties had an opportunity to 

provide input; (3) handlers are aware of 

this action and want to take advantage 

of this relaxation as soon as possible; 

and (4) this rule provides a 60-day 

comment period and any comments 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 948 is amended as 

follows: 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ 1. The authority citation for 7 CFR 

part 948 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 948.387, paragraph (a) is 

revised to read as follows: 

§ 948.387 Handling regulation. 

* * * * * 

(a) Grade and size requirements—All 

varieties. 

U.S. No. 2 or better grade, 17⁄8 inches 

minimum diameter or 4 ounces 

minimum weight: Provided That the 

minimum size may be 3⁄4 inch in 

diameter, if the potatoes otherwise meet 

U.S. No. 1 grade. 

* * * * * 

Dated: March 26, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–7564 Filed 4–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2007–BT–STD– 

0007] 

RIN 1904–AB70 

Energy Conservation Program: Energy 

Conservation Standards for Small 

Electric Motors; 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 energy conservation 

standards for small electric motors, 

which was published on March 9, 2010. 

In that final rule, the U.S. Department 

of Energy (DOE) adopted regulations to 

establish energy conservation standards 

for small electric motors. Due to a 

drafting error, an incorrect compliance 

date for this equipment was 

inadvertently inserted into the 

regulation. This correction notice 

addresses the error. 

DATES: This technical correction is 

effective April 8, 2010. 

FOR FURTHER INFORMATION CONTACT: 

James Raba, 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) 

586–8654. E-mail: 

Jim.Raba@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 March 9, 2010, the DOE’s Office 

of Energy Efficiency and Renewable 

Energy published a final rule titled 

‘‘Energy Conservation Standards for 

Small Electric Motors.’’ 75 FR 10874. 

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 inadvertently applied 

an incorrect date by which 

manufacturers would need to comply 

with the standards established by that 

rule. That section of the regulations, 

section 431.446(a) of Title 10 of the 

Code of Federal Regulations (10 CFR), 

Part 431, provides a date of February 28, 

2015. 75 FR 10947. Instead, that date 

should be March 9, 2015, which is 60 

months from the date of the final rule’s 

publication in the Federal Register, and 

in the case of a small electric motor that 

requires listing or certification by a 

nationally recognized safety testing 

laboratory, March 9, 2017, 84 months 

after such date. Both of these dates are 

specified compliance dates for small 

electric motor standards under the 

Energy Policy and Conservation Act of 

1975, as amended (EPCA). See 42 U.S.C. 

6317(b)(3). 

II. Need for Correction 

As published, the final regulation 

contains an erroneous date that this 

document corrects. In light of the 

statutory requirement, the considerable 

amount of time before the compliance 

date and, in the case of the 2015 date, 

the small difference in the number of 

days at issue, the change addressed by 

today’s document is technical in nature. 

Because these dates are specified by 

EPCA, DOE does not have the discretion 

to deviate from these statutorilyprescribed requirements. As such, DOE 

finds that there is good cause under 5 

U.S.C. 553(b)(B) and that the issuance of 

a separate notice to solicit public 

comment on the changes contained in 

this notice is unnecessary. In FR Doc. 

2010–4358, appearing in the document 

beginning on page 10947 in the Federal 

Register of Tuesday, March 9, 2010, the 

following correction is made: 

§ 431.446 [Corrected] 

■ 1. On page 10947, in the third column, 

under § 431.446, introductory paragraph 

(a) is corrected to read as follows: 

§ 431.446 Small electric motors energy 

conservation standards and their effective 

dates. 

(a) Each small electric motor 

manufactured (alone or as a component 

of another piece of non-covered 

equipment) after March 9, 2015, or in 

the case of a small electric motor which 


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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 17037 

requires listing or certification by a 

nationally recognized safety testing 

laboratory, after March 9, 2017, shall 

have an average full load efficiency of 

not less than the following: 

* * * 

* * * * * 

Issued in Washington, DC, on March 29, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–7642 Filed 4–2–10; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL HOUSING FINANCE BOARD 

12 CFR Part 918 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1261 

RIN 2590–AA03, 2590–AA31 and 2590–AA34 

Federal Home Loan Bank Directors’ 

Eligibility, Elections, Compensation 

and Expenses 

AGENCY: Federal Housing Finance 

Agency, Federal Housing Finance 

Board. 

ACTION: Final rule. 

SUMMARY: In this rulemaking, the 

Federal Housing Finance Agency 

(FHFA) is adopting a final rule that 

implements two separate proposed 

rules, which relate to Federal Home 

Loan Bank (Bank) director elections and 

director compensation, respectively. As 

to director elections, FHFA is amending 

its regulations relating to the process by 

which successor Bank directors are 

chosen after a directorship is 

redesignated to a new state prior to the 

end of the term as a result of the annual 

designation of Bank directorships. 

Under the final rule, the redesignation 

causes the original directorship to 

terminate and creates a new 

directorship that will be filled by an 

election of the members. 

As to director compensation, FHFA is 

implementing section 1202 of the 

Housing and Economic Recovery Act of 

2008 (HERA), which amended section 

7(i) of the Federal Home Loan Bank Act 

(Bank Act) by repealing the statutory 

caps on the annual compensation that 

can be paid to Bank directors. This 

aspect of the final rule allows each Bank 

to pay its directors reasonable 

compensation and expenses, subject to 

the authority of the FHFA Director to 

object to, and to prohibit prospectively, 

compensation and/or expenses that the 

Director determines are not reasonable. 

DATES: This rule is effective May 5, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Coates, Associate Director, 

Division of FHLBank Regulation, 202– 

408–2959, daniel.coates@fhfa.gov or 

Neil R. Crowley, Deputy General 

Counsel, 202–343–1316, 

neil.crowley@fhfa.gov, Federal Housing 

Finance Agency, Fourth Floor, 1700 G 

Street, NW., Washington, DC 20552. The 

telephone number for the 

Telecommunications Device for the Deaf 

is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. In General 

On July 30, 2008, HERA, Public Law 

110–289, 122 Stat. 2654 (2008), became 

law and created FHFA as an 

independent agency of the Federal 

government. Among other things, HERA 

transferred to FHFA the supervisory and 

oversight responsibilities over the Banks 

that formerly had been vested in the 

now abolished Federal Housing Finance 

Board (Finance Board). The Banks 

continue to operate under regulations 

promulgated by the Finance Board until 

such time as the existing regulations are 

supplanted by regulations promulgated 

by FHFA. 

Section 1202 of HERA amended 

section 7 of the Bank Act, which 

governs the eligibility, election, 

compensation and expenses of Bank 

directors. See 12 U.S.C. 1427. FHFA has 

implemented section 7 in part 1261 of 

its rules. 12 CFR part 1261. 

Section 1201 of HERA (codified at 12 

U.S.C. 4513(f)) requires the Director of 

FHFA to consider the differences 

between the Banks and the Enterprises 

with respect to the Banks’ cooperative 

ownership structure, mission of 

providing liquidity to members, 

affordable housing and community 

development mission, capital structure, 

and joint and several liability, whenever 

promulgating regulations that affect the 

Banks. The Director may also consider 

any other differences that are deemed 

appropriate. In preparing this final rule, 

the Director considered the differences 

between the Banks and the Enterprises 

as they relate to the above factors and 

determined that the rule is appropriate, 

particularly because this final rule 

applies only to the Banks. 

II. Bank Director Eligibility and 

Elections 

In December 2009, FHFA published a 

proposed rule that would deem 

terminated a directorship that is 

redesignated to a new state prior to the 

end of its term as a result of the annual 

designation of Bank directorships, with 

a new directorship created for the new 

state. See 74 FR 62708 (Dec. 1, 2009). 

The new directorship would be filled by 

an election of the members. The 

proposal constituted a change from the 

current Finance Board rule, which 

deems the redesignation to create a 

vacancy on the board. Under the Bank 

Act, vacancies on the board are filled by 

the remaining directors. See 12 U.S.C. 

1427(f)(2); 12 CFR 1261.3 and 1261.4. 

FHFA received one comment on the 

proposed rule, which was from a Bank 

and related to an aspect of the term limit 

provisions. Section 1261.4(d)(2) 

implements the term limit provision of 

section 7(d) of the Bank Act. See 12 CFR 

1261.4(d)(2); 12 U.S.C. 1427(d). The rule 

provides that a term adjusted after July 

30, 2008 (the effective date of HERA) to 

a period of fewer than four years is not 

considered a full term for purposes of 

calculating term limits. See 12 CFR 

1261.4(d)(2)(i). The Bank suggested that 

FHFA use the term ‘‘adjusted’’ in new 

paragraph 1261.3(e) to make clear that a 

newly created directorship with a term 

of less than four years as a result of a 

redesignation of directorships would 

not be a full term for purposes of the 

statutory term limit. FHFA agrees that 

this will clarify application of the rule 

and has made the change in the final 

rule. FHFA is adopting the remainder of 

the changes as proposed. 

FHFA also is making a technical 

change to part 1261. It is creating a new 

subpart A, which contains definitions 

common to all subparts. These 

definitions include the terms Act, Bank, 

FHFA, and Director. These terms no 

longer will appear in other subparts of 

part 1261. The succeeding subparts will 

be redesignated subparts B (eligibility 

and elections), C (compensation and 

expenses), and D (reserved). In the 

newly redesignated subpart B, FHFA is 

renumbering §§ 1261.1 through 1261.7 

as §§ 1261.2 through 1261.8, 

respectively. It is removing § 1261.8, 

which was reserved. FHFA is correcting 

the cross-references within subpart B to 

take into account the new numbering. 

III. Bank Director Compensation and 

Expenses 

In October 2009, FHFA published a 

proposed rule to address changes HERA 

section 1202 made to section 7(i) of the 

Bank Act. See 74 FR 54758 (Oct. 23, 

2009). Among other things, section 1202 

repealed the statutory caps on the 

annual compensation a Bank can pay to 

its directors, the effect of which was to 

authorize the Banks to pay reasonable 

compensation and expenses to their 

directors subject to FHFA approval. See 


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