26596 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules 

demonstrated a growth rate between 20 

to 24 percent each year, including a 22 

percent increase in 2006. 

In addition, USDA has 97 accredited 

certifying agents who provide 

certification services to producers and 

handlers. A complete list of names and 

addresses of accredited certifying agents 

may be found on the AMS NOP Web 

site, at http://www.ams.usda.gov/nop. 

AMS believes that most of these 

accredited certifying agents would be 

considered small entities under the 

criteria established by the SBA. 

D. Paperwork Reduction Act 

No additional collection or 

recordkeeping requirements are 

imposed on the public by this proposed 

rule. Accordingly, OMB clearance is not 

required by section 350(h) of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq., or OMB’s 

implementing regulation at 5 CFR part 

1320. 

The AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA), which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

The AMS is committed to complying 

with the E-Government Act to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agriculture, Animals, 

Archives and records, Imports, Labeling, 

Organically produced products, Plants, 

Reporting and recordkeeping 

requirements, Seals and insignia, Soil 

conservation. 

For the reasons set forth in the 

preamble, 7 CFR part 205, Subpart G is 

proposed to be amended as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

2. Section 205.601 is amended by: 

A. Adding new paragraph (a)(8); 

B. Redesignating paragraphs (e)(2) 

through (e)(9) as (e)(3) through (e)(10) 

and adding new paragraph (e)(2); 

C. Redesignating paragraphs (i)(1) 

through (i)(11) as (i)(2) through (i)(12); 

and adding new paragraph (i)(1); and 

D. Revising paragraph (m)(2). 

The additions and revision read as 

follows: 

§ 205.601 Synthetic substances allowed 

for use in organic crop production. 

* * * * * 

(a) * * * 

(8) Sodium carbonate peroxyhydrate 

(CAS #—15630–89–4)—federal law 

restricts the use of this substance in 

food crop production to approved food 

uses identified on the product label. 

* * * * * * 

(e) * * * 

(2) Aqueous potassium silicate (CAS 

#—1312–76–1)—The silica, used in the 

manufacture of potassium silicate, must 

be sourced from naturally occurring 

sand. 

* * * * * 

(i) * * * 

(1) Aqueous potassium silicate (CAS 

#—1312–76–1)—The silica, used in the 

manufacture of potassium silicate, must 

be sourced from naturally occurring 

sand. 

* * * * * 

(m) * * * 

(2) EPA List 3—Inerts of unknown 

toxicity—for use only in passive 

pheromone dispensers. 

* * * * * 

2. Section 205.605 is amended by 

adding one new substance in 

alphabetical order to paragraph (a) to 

read as follows: 

§ 205.605 Nonagricultural (nonorganic) 

substances allowed as ingredients in or on 

processed products labeled as ‘‘organic’’ or 

‘‘made with organic (specified ingredients 

or food group(s)).’’ 

* * * * * 

(a) * * * 

* * * * * 

Gellan gum (CAS #—71010–52–1) 

* * * * * 

3. Section 205.606 is amended by: 

A. Redesignating paragraphs (g) 

through (t) and (u) through (w) as 

paragraphs (h) through (u) and (w) 

through (y) respectively; 

B. Adding new paragraphs (g) and (v) 

to read as follows: 

§ 205.606 Nonorganically produced 

agricultural products allowed as ingredients 

in or on processed products labeled as 

‘‘organic.’’ 

* * * * * 

(g) Fortified cooking wines. 

(1) Marsala. 

(2) Sherry. 

* * * * * 

(v) Tragacanth gum (CAS #—9000– 

65–1). 

* * * * * 

Dated: May 28, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–12818 Filed 6–2–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2008–BT–STD–0013] 

RIN 1904–AB83 

Energy Conservation Program for 

Certain Industrial Equipment: Energy 

Conservation Standards for 

Commercial Heating, Air-Conditioning, 

and Water-Heating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of data availability and 

request for public comment. 

SUMMARY: The U.S. Department of 

Energy (DOE) is announcing the 

availability of an environmental 

assessment (EA) to accompany its notice 

of proposed rulemaking (NOPR) 

considering potential energy 

conservation standards for certain 

commercial and industrial equipment, 

including commercial heating, airconditioning, and water-heating 

equipment, published in the Federal 

Register on March 20, 2009. 

Specifically, this EA includes a concise 

examination of the impacts of emission 

reductions likely to result from the 

proposed standards for commercial 

packaged boilers and water-cooled and 

evaporatively-cooled commercial 

package air conditioners and heat 

pumps with a cooling capacity at or 

above 240,000 Btu/h and less than 

760,000 Btu/h. The EA has been 

incorporated as Chapter 8 in the NOPR 

technical support document (TSD). In 

addition, Chapter 9 of the NOPR TSD 

provides the results of DOE’s 

monetization analysis of these potential 

emission reductions. These materials 

are available online (see ADDRESSES). 

DOE specifically requests that interested 

members of the public, Tribes, and 

States comment on the EA. 

DATES: DOE will accept comments, data, 

and information regarding the subject 

matter of this NODA submitted no later 

than June 18, 2009. 

ADDRESSES: Any comments submitted 

must identify the NODA for Energy 

Conservation Standards for ASHRAE 

Products, and provide the docket 

number EERE–2008–BT–STD–0013 

and/or Regulatory Information Number 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Proposed Rules 26597 

(RIN) 1904–AB83. Comments may be 

submitted using any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

ASHRAE_90.1_rulemaking@ee.doe.gov. 

Include the docket number EERE–2008– 

BT–STD–0013 and/or RIN number 

1904–AB83 in the subject line of the 

message. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024. Telephone: 

(202) 586–2945. Please submit one 

signed paper original. 

Docket: For access to the docket to 

read background documents or 

comments received, visit the U.S. 

Department of Energy, Resource Room 

of the Building Technologies Program, 

950 L’Enfant Plaza, SW., Suite 600, 

Washington, DC 20024, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards at the 

above telephone number for additional 

information about visiting the Resource 

Room. 

The results of DOE’s monetization 

analysis of potential emission 

reductions materials are available online 

at: http://www1.eere.energy.gov/ 

buildings/appliance_standards/ 

commercial/ 

ashrae_products_nopr.html. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mohammed Khan, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–7892. E-mail: 

Mohammed.Khan@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

Mailstop GC–72, Forrestal Building, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–9507. E-mail: 

Eric.Stas@hq.doe.gov. 

For information on how to submit 

public comments, contact Ms. Brenda 

Edwards, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Energy Policy and Conservation Act of 

1975 (EPCA) (42 U.S.C. 6291 et seq.), as 

amended, directs DOE to establish 

energy conservation standards for 

certain commercial and industrial 

equipment, including commercial 

heating, air-conditioning, and waterheating equipment. Of particular 

relevance here, the statute also requires 

that each time the corresponding 

industry standard—the American 

Society of Heating, Refrigerating and 

Air-Conditioning Engineers, Inc. 

(ASHRAE)/Illuminating Engineering 

Society of North America (IESNA) 

Standard 90.1, Energy Standard for 

Buildings Except Low-Rise Residential 

Buildings—is amended, DOE must 

assess whether there is a need to update 

the uniform national energy 

conservation standards for the same 

equipment covered under EPCA. 

ASHRAE officially released an amended 

version of this industry standard 

(ASHRAE Standard 90.1–2007) on 

January 10, 2008, thereby triggering 

DOE’s related obligations under EPCA. 

DOE published a NOPR proposing 

amended energy conservation standards 

for commercial packaged boilers and 

water-cooled and evaporatively-cooled 

commercial package air conditioners 

and heat pumps with a cooling capacity 

at or above 240,000 Btu/h and less than 

760,000 Btu/h at the efficiency levels 

specified by ASHRAE Standard 90.1– 

2007. 74 FR 12000 (March 20, 2009). 

DOE outlined its review of ASHRAE 

Standard 90.1–2007 and a 

determination of scope for the 

rulemaking in the March 2009 NOPR. In 

addition, the NOPR discussed the 

analytical framework used to evaluate 

ASHRAE equipment, the analytical 

models and tools that DOE is using to 

evaluate amended energy conservation 

standards for this equipment, and the 

results of the various rulemaking 

analyses performed by DOE. Finally, in 

the NOPR, DOE outlined its preliminary 

conclusions and the proposed standards 

for these two equipment types. 

As noted above, this NODA 

announces the availability for public 

comment of an environmental 

assessment of the proposed energy 

conservation standards in the March 20, 

2009, NOPR. The EA assesses the 

impacts of the proposed rule pursuant 

to the National Environmental Policy 

Act of 1969 (42 U.S.C. 4321 et seq.), the 

regulations of the Council on 

Environmental Quality (40 CFR parts 

1500–1508), and DOE’s regulations for 

compliance with the National 

Environmental Policy Act (10 CFR part 

1021). This EA includes a concise 

examination of the impacts of emission 

reductions likely to result from the 

proposed standards for commercial 

packaged boilers and water-cooled and 

evaporatively-cooled commercial 

package air conditioners and heat 

pumps with a cooling capacity at or 

above 240,000 Btu/h and less than 

760,000 Btu/h. The EA has been 

incorporated as Chapter 8 in the NOPR 

TSD. In addition, Chapter 9 of the NOPR 

TSD provides the results of DOE’s 

monetization analysis of these potential 

emission reductions. These materials 

are available online at: http://

www1.eere.energy.gov/buildings/

appliance_standards/commercial/

ashrae_products_nopr.html. DOE 

specifically requests that interested 

members of the public, Tribes, and 

States comment on the EA. 

Issued in Washington, DC, on May 29, 

2009. 

Steven G. Chalk, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

[FR Doc. E9–12958 Filed 6–2–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 20 

[REG–119532–08] 

RIN 1545–BH94 

Section 2036—Graduated Retained 

Interests; Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking (REG–119532–08) that was 

published in the Federal Register on 

Thursday, April 30, 2009, at 74 FR 

19913. The corrections relate to 

proposed regulations that provide 

guidance on the portion of trust 

property includible in the grantor’s 

gross estate if the grantor has retained 

the use of the property, the right to an 

annuity, unitrust, graduated retained 

interest, or other payment from such 

property for life, for any period not 

ascertainable without reference to the 

grantor’s death, or for a period that does 

not in fact end before the grantor’s 

death. 


sroberts on PROD1PC70 with PROPOSALS