16192 Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices 

publishes or revises a list of facilities 

covered under the Energy Employees 

Occupational Illness Compensation 

Program Act of 2000, as amended 

(‘‘EEOICPA’’ or ‘‘Act’’). This notice 

revises the previous lists because (1) 

Some designated atomic weapons 

employers (AWE) should not have been 

so designated; (2) one listed facility’s 

name has changed; and (3) one 

university was incorrectly designated as 

a covered facility rather than the 

laboratory operated by the university. 

Previous lists or revisions were 

published on June 28, 2007, November 

30, 2005, August 23, 2004, July 21, 

2003, December 27, 2002, June 11, 2001, 

and January 17, 2001. 

FOR FURTHER INFORMATION CONTACT: 

Patricia R. Worthington, PhD, Director, 

Office of Health and Safety (HS–10), 

(301) 903–5926. 

ADDRESSES: The Department welcomes 

comments on this notice. Comments 

should be addressed to: Patricia R. 

Worthington, PhD, Director, Office of 

Health and Safety (HS–10), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585. 

SUPPLEMENTARY INFORMATION: 

Purpose 

The Act establishes a program to 

provide compensation to certain 

employees who develop illnesses as a 

result of their employment with DOE, 

its predecessor Agencies, certain of its 

contractors and subcontractors and 

listed beryllium vendors. Section 3621 

of the Act (codified at 42 U.S.C. 7384l) 

defines an AWE as ‘‘an entity, other 

than the United States, that—(A) 

processed or produced, for use by the 

United States, material that emitted 

radiation and was used in the 

production of an atomic weapon, 

excluding uranium mining and milling; 

and (B) is designated by the Secretary of 

Energy as an [AWE] for the purposes of 

the compensation program.’’ Section 

3621 defines an AWE facility as ‘‘a 

facility, owned by an [AWE], that is or 

was used to process or produce, for use 

by the United States, material that 

emitted radiation and was used in the 

production of an atomic weapon, 

excluding uranium mining or milling.’’ 

The Act defines a DOE facility, in 

pertinent part, as ‘‘any building, 

structure, or premise, including the 

grounds upon which such building, 

structure, or premise is located—(A) in 

which operations are, or have been, 

conducted by, or on behalf of, the 

Department of Energy * * *; and (B) 

with regard to which the Department of 

Energy has or had—(i) a proprietary 

interest; or (ii) entered into a contract 

with an entity to provide management 

and operation, management and 

integration, environmental remediation 

services, construction, or maintenance 

services.’’ 

It has recently come to the attention 

of the Department that (1) Certain 

entities were previously mistakenly 

designated as AWEs because the 

designated entities were Agencies of the 

U.S. Government and the statutory 

definition of an AWE excludes the 

United States; (2) one listed facility has 

changed its name; and (3) one university 

was incorrectly designated as a covered 

facility rather than the laboratory 

operated by the university. 

This notice formally makes the 

following changes to the list: 

• Albany Research Center in Albany, 

Oregon, is no longer designated as an 

AWE, but will keep its designation as a 

DOE facility; 

• General Electric in Cincinnati/ 

Evandale, Ohio, is no longer designated 

as an AWE, but will keep its designation 

as a DOE and beryllium (Be) facility; 

• Granite City Steel in Granite City, 

Illinois, will now be listed as General 

Steel Industries (also known as Granite 

City Steel) because the facility was 

named General City Steel for the 

majority of the covered period; 

• The University of California in 

Berkeley, California, is no longer 

designated as a covered facility (AWE 

nor DOE). The University of California 

is the management and operating 

contractor for Lawrence Berkeley 

National Laboratory (LBNL) and any 

University of California facilities that 

may have been used for weapons 

development are now covered under the 

LBNL facility. 

Issued in Washington, DC, on March 31, 

2009. 

Glenn S. Podonsky, 

Chief Health, Safety and Security Officer, 

Office of Health, Safety and Security. 

[FR Doc. E9–8105 Filed 4–8–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Nevada 

AGENCY: Department of Energy. 

ACTION: Notice of Open Meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Nevada Test Site. 

The Federal Advisory Committee Act 

(Pub. L. 92–463, 86 Stat. 770) requires 

that public notice of this meeting be 

announced in the Federal Register. 

DATES: Wednesday, May 6, 2009, 6 p.m. 

ADDRESSES: Ruud Community Center, 

150 North Highway 160, Pahrump, 

Nevada 89048. 

FOR FURTHER INFORMATION CONTACT: 

Denise Rupp, Board Administrator, 232 

Energy Way, M/S 505, North Las Vegas, 

Nevada 89030. Phone: (702) 657–9088; 

Fax (702) 295–5300 or E-mail: 

ntscab@nv.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE in the areas of environmental 

restoration, waste management, and 

related activities. 

Tentative Agenda: 

1. Presentation: Community Advisory 

Board Road Show. 

2. Sandia National Laboratory 

Presentation: Waste Transportation 

Study. 

3. Sub-Committee Reports. 

A. Outreach/Environmental 

Management Public Information 

Review Effort Committee. 

B. Transportation/Waste Committee. 

C. Underground Test Area Committee. 

Public Participation: The EM SSAB, 

Nevada Test Site, welcomes the 

attendance of the public at its advisory 

committee meetings and will make 

every effort to accommodate persons 

with physical disabilities or special 

needs. If you require special 

accommodations due to a disability, 

please contact Denise Rupp at least 

seven days in advance of the meeting at 

the phone number listed above. Written 

statements may be filed with the Board 

either before or after the meeting. 

Individuals who wish to make oral 

presentations pertaining to agenda items 

should contact Denise Rupp at the 

telephone number listed above. The 

request must be received five days prior 

to the meeting and reasonable provision 

will be made to include the presentation 

in the agenda. The Deputy Designated 

Federal Officer is empowered to 

conduct the meeting in a fashion that 

will facilitate the orderly conduct of 

business. Individuals wishing to make 

public comment will be provided a 

maximum of five minutes to present 

their comments. 

Minutes: Minutes will be available by 

writing to Denise Rupp at the address 

listed above or at the following Web 

site: http://www.ntscab.com/ 

MeetingMinutes.htm. 


dwashington3 on PROD1PC60 with NOTICES
Federal Register / Vol. 74, No. 67 / Thursday, April 9, 2009 / Notices 16193 

1For commercial products, the applicable test 

procedure is the Air-Conditioning and Refrigeration 

Institute (ARI) Standard 340/360–2004, 

‘‘Performance Rating of Commercial and Industrial 

Unitary Air-Conditioning and Heat Pump 

Equipment’’ (incorporated by reference at 10 CFR 

431.95(b)(2)). 

2Consistent with the statute, distributors, 

retailers, and private labelers are held to the same 

standard when making representations regarding 

the energy efficiency of these products. 42 U.S.C. 

6293(c). 

3Part B of Title III of EPCA was redesignated Part 

A in the United States Code for editorial reasons. 

4Part C of Title III of EPCA was redesignated Part 

A–1 in the United States Code for editorial reasons. 

Issued at Washington, DC on April 6, 2009. 

LaTanya Butler, 

Acting Deputy Committee Management 

Officer. 

[FR Doc. E9–8100 Filed 4–8–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Case No. CAC–017] 

Energy Conservation Program for 

Commercial Equipment: Decision and 

Order Granting a Waiver to Sanyo 

Fisher Company From the Department 

of Energy Commercial Package Air 

Conditioner and Heat Pump Test 

Procedure and Denying a Waiver From 

the Residential Central Air Conditioner 

and Heat Pump Test Procedure 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Decision and Order. 

SUMMARY: This notice publishes the 

Department of Energy’s Decision and 

Order in Case No. CAC–017, which 

grants a waiver to Sanyo Fisher 

Company (Sanyo) from the existing 

Department of Energy (DOE) 

commercial package air conditioner and 

heat pump test procedure. The waiver is 

specific to the Sanyo Variable 

Refrigerant Flow (VRF) ECO–i multisplit heat pumps and heat recovery 

systems. As a condition of this waiver, 

Sanyo must test and rate its ECO–i VRF 

multi-split products according to the 

alternate test procedure set forth in this 

notice. DOE is denying as moot Sanyo’s 

request for a waiver from the residential 

central air conditioner and heat pump 

test procedures, because those test 

procedures, as amended and currently 

effective, can be used to test Sanyo’s 

ECO–i VRF multi-split residential 

products. 

DATES: This Decision and Order is 

effective April 9, 2009 and will remain 

in effect until the effective date of a DOE 

final rule prescribing amended test 

procedures appropriate for the model 

series of Sanyo ECO–i VRF multi-split 

central air conditioners and heat pumps 

covered by this waiver. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mailstop EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Francine Pinto or Michael Kido, U.S. 

Department of Energy, Office of the 

General Counsel, Mail Stop GC–72, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–9507. E-mail: 

Francine.Pinto@hq.doe.gov or 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with 10 CFR 431.401(f)(4), 

DOE gives notice of the issuance of its 

Decision and Order as set forth below. 

In this Decision and Order, DOE grants 

Sanyo a waiver from the existing DOE 

commercial package air conditioner and 

heat pump test procedures1 for its VRF 

multi-split products, subject to a 

condition requiring Sanyo to test and 

rate its VRF multi-split products 

pursuant to the alternate test procedure 

provided in this notice. Further, today’s 

Decision and Order requires that Sanyo 

may not make any representations 

concerning the energy efficiency of 

these products unless such product has 

been tested in accordance with the DOE 

test procedure, consistent with the 

provisions and restrictions of the 

alternate test procedure set forth in the 

Decision and Order below, and unless 

such representations fairly disclose the 

results of such testing.2 42 U.S.C. 

6314(d). 

DOE is denying as moot Sanyo’s 

request for a waiver from the DOE 

residential central air conditioner and 

heat pump test procedures for its VRF 

multi-split products. As amended, the 

applicable DOE test procedure for these 

residential products will allow Sanyo to 

test and rate its residential VRF multisplit products. 

Issued in Washington, DC, on March 30, 

2009. 

Steven G. Chalk, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

Decision and Order 

In the Matter of: Sanyo Fisher 

Company (Sanyo) (Case No. CAC–017). 

Background 

Title III of the Energy Policy and 

Conservation Act (EPCA) sets forth a 

variety of provisions concerning energy 

efficiency, including Part A 3 of Title III 

which establishes the ‘‘Energy 

Conservation Program for Consumer 

Products Other Than Automobiles.’’ 42 

U.S.C. 6291–6309. Similar to the 

program in Part A, Part A–1 4 of Title III 

provides for an energy efficiency 

program titled, ‘‘Certain Industrial 

Equipment,’’ which includes 

commercial air conditioning equipment, 

package boilers, water heaters, and other 

types of commercial equipment. 42 

U.S.C. 6311–6317. 

Today’s notice involves residential 

products under Part A, as well as 

commercial equipment under Part A–1. 

Under both parts, the statute specifically 

includes definitions, test procedures, 

labeling provisions, energy conservation 

standards, and provides the Secretary of 

Energy (the Secretary) with the 

authority to require information and 

reports from manufacturers. 42 U.S.C. 

6291–6309; 42 U.S.C. 6311–6317. With 

respect to test procedures, both parts 

generally authorize the Secretary to 

prescribe test procedures that are 

reasonably designed to produce results 

which reflect energy efficiency, energy 

use, and estimated annual operating 

costs, and that are not unduly 

burdensome to conduct. 42 U.S.C. 

6293(b)(3), 6314(a)(2). 

Relevant to the current Petition for 

Waiver, the test procedure for 

residential central air conditioning and 

heat pump products is set forth in 10 

CFR Part 430, subpart B, Appendix M. 

On October 22, 2007, DOE amended the 

test procedures for residential central air 

conditioners and central air 

conditioning heat pumps. 72 FR 59906 

(October 22, 2007). That final rule, 

which became effective on April 21, 

2008, addressed issues that led to the 

requesting and granting of test 

procedure waivers for several models of 

residential multi-split systems. All 

waivers concerning residential 

modulating multi-split systems 

terminated on the effective date of that 

final rule. These amendments to the 

DOE test procedures, which are now 

incorporated in 10 CFR Part 430, 

subpart B, Appendix M, allow Sanyo to 

effectively test its ECO–i VRF 

residential multi-split air conditioners 

and heat pumps. Therefore, a waiver is 

no longer necessary for Sanyo’s ECO–i 

VRF residential multi-split air 

conditioners and heat pumps. 

Accordingly, the following discussion 

will focus only on Sanyo’s commercial 

ECO–i VRF multi-split products, for 


dwashington3 on PROD1PC60 with NOTICES