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30834

Proposed Rules Federal Register


Vol. 71, No. 104

Wednesday, May 31, 2006

This section of the FEDERAL REGISTER comment (an original and three copies) DEPARTMENT OF ENERGY
contains notices to the public of the proposed to Docket No. 05–002–2, Regulatory
issuance of rules and regulations. The Analysis and Development, PPD, Office of Energy Efficiency and
purpose of these notices is to give interested APHIS, Station 3A–03.8, 4700 River Renewable Energy
persons an opportunity to participate in the Road Unit 118, Riverdale, MD 20737–
rule making prior to the adoption of the final 10 CFR Part 430
rules.
1238. Please state that your comment
refers to Docket No. 05–002–2. [Docket No. EE–2006–STD–0131]
Reading Room: You may read any
comments that we receive on Docket RIN 1904–AA92
DEPARTMENT OF AGRICULTURE
No. 05–002–2 in our reading room. The
Energy Conservation Standards for
Animal and Plant Health Inspection reading room is located in room 1141 of
General Service Fluorescent Lamps,
Service the USDA South Building, 14th Street
Incandescent Reflector Lamps, and
and Independence Avenue, SW.,
General Service Incandescent Lamps:
7 CFR Part 330 Washington, DC. Normal reading room
Public Meeting and Availability of the
hours are 8 a.m. to 4:30 p.m., Monday
Framework Document
9 CFR Part 94 through Friday, except holidays. To be
[Docket No. 05–002–3]
sure someone is there to help you, AGENCY: Office of Energy Efficiency and
please call (202) 690–2817 before Renewable Energy, Department of
Interstate Movement of Garbage From coming. Energy.
Hawaii; Municipal Solid Waste Other Information: Additional ACTION: Notice of public meeting and
information about APHIS and its availability of the Framework
AGENCY: Animal and Plant Health programs is available on the Internet at Document.
Inspection Service, USDA. http://www.aphis.usda.gov.
ACTION: Proposed rule; reopening of SUMMARY: The Department of Energy
FOR FURTHER INFORMATION CONTACT: Ms.
comment period. (DOE or Department) will hold an
Shannon Hamm, Assistant Deputy
informal public meeting to discuss and
SUMMARY: We are reopening the Administrator, Policy and Program
receive comments on issues it will
comment period for our proposed rule Development, APHIS, 4700 River Road
address in this rulemaking proceeding.
that would amend the regulations Unit 20, Riverdale, MD 20737–1231;
The Department is initiating the
pertaining to certain garbage to provide (301) 734–4957.
rulemaking process to amend energy
for the interstate movement of garbage SUPPLEMENTARY INFORMATION: On April conservation standards for general
from Hawaii subject to measures 19, 2006, we published in the Federal service fluorescent lamps, incandescent
designed to protect against the Register (71 FR 20030–20041, Docket reflector lamps, and general service
dissemination of plant pests into No. 05–002–2) a proposal to amend the incandescent lamps. The Department
noninfested areas of the continental regulations pertaining to certain garbage also encourages written comments on
United States. This action will allow to provide for the interstate movement these subjects. To inform stakeholders
interested persons additional time to of garbage from Hawaii subject to and facilitate this process, DOE has
prepare and submit comments. measures designed to protect against the prepared a Framework Document, a
DATES: We will consider all comments dissemination of plant pests into draft of which is available at: http://
that we receive on or before June 5, noninfested areas of the continental www.eere.energy.gov/buildings/
2006. United States. appliance_standards/.
Comments on the proposed rule were DATES: The Department will hold a
ADDRESSES: You may submit comments required to be received on or before May
by either of the following methods: public meeting on Thursday, June 15,
19, 2006. We are reopening the 2006, from 9 a.m. to 5 p.m. in
Federal eRulemaking Portal: Go to comment period on Docket No. 05–002–
http://www.regulations.gov and, in the Washington, DC. Any person requesting
2 until June 5, 2006. This action will to speak at the public meeting should
lower ‘‘Search Regulations and Federal allow interested persons additional time
Actions’’ box, select ‘‘Animal and Plant submit a request to speak before 4 p.m.,
to prepare and submit comments. We Thursday, June 8, 2006. The Department
Health Inspection Service’’ from the will also consider all comments
agency drop-down menu, then click on must receive a signed original and an
received between May 19, 2006, and the electronic copy of statements to be given
‘‘Submit.’’ In the Docket ID column, date of this notice.
select APHIS–2005–0047 to submit or at the public meeting before 4 p.m.,
view public comments and to view Authority: 7 U.S.C. 450, 7701–7772, 7781– Thursday, June 8, 2006. Written
supporting and related materials 7786, and 8301–8317; 21 U.S.C. 136 and comments are welcome, especially
136a; 31 U.S.C. 9701; 42 U.S.C. 4331 and following the public meeting, and
available electronically. Information on
4332; 7 CFR 2.22, 2.80, 371.3, and 371.4. should be submitted by Thursday, June
using Regulations.gov, including
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instructions for accessing documents, Done in Washington, DC, this 25th day of 29, 2006.
submitting comments, and viewing the May 2006. ADDRESSES: The public meeting will be
docket after the close of the comment Kevin Shea, held at the U.S. Department of Energy,
period, is available through the site’s Acting Administrator, Animal and Plant Forrestal Building, Room 1E–245, 1000
‘‘User Tips’’ link. Health Inspection Service. Independence Avenue, SW.,
• Postal Mail/Commercial Delivery: [FR Doc. E6–8455 Filed 5–30–06; 8:45 am] Washington, DC 20585–0121. (Please
Please send four copies of your BILLING CODE 3410–34–P note that foreign nationals participating

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Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules 30835

in the public meeting are subject to Avenue, SW., Washington, DC 20585– Section 1.2 of the Framework
advance security screening procedures. 0121, (202) 586–9507. E-mail: Document provides detail on the
If a foreign national wishes to Thomas.DePriest@hq.doe.gov. distinction between fluorescent lamps
participate in the workshop, please and general service fluorescent lamps,
inform DOE of this fact as soon as SUPPLEMENTARY INFORMATION: The and the differences among incandescent
possible by contacting Ms. Brenda Energy Policy and Conservation Act lamps, incandescent reflector lamps and
Edwards-Jones at (202) 586–2945 so that (EPCA or the Act) of 1975 (42 U.S.C. general service incandescent lamps. The
the necessary procedures can be 6291–6309) established an energy following paragraphs discuss the
completed.) conservation program for major statutory requirements and actions that
Stakeholders may submit comments, household appliances. The National DOE is taking for each of the lamp types
identified by docket number EE–2006– Energy Conservation Policy Act of 1978 covered in this rulemaking.3
STD–0131 and/or RIN number 1904– (NECPA) amended EPCA to add Part C EPCA’s standards for general service
AA92, by any of the following methods: of Title III (42 U.S.C. 6311–6317), which fluorescent lamps require that they meet
• Federal eRulemaking Portal: http:// established an energy conservation prescribed minimum efficacy levels per
www.regulations.gov. Follow the program for certain industrial given color rendering index (CRI)
instructions for submitting comments. equipment. Additional amendments to levels.4 In this rulemaking, DOE is
• E-mail: fluorescent_and_ EPCA have given DOE the authority to conducting its first review, pursuant to
incandescent_lamps. regulate the energy efficiency of several 42 U.S.C. 6295(i)(3), to determine if
rulemaking@ee.doe.gov. Include EE– products, including certain fluorescent these standards should be amended,
2006–STD–0131 and/or RIN 1904–AA92 and incandescent lamps, the products while fulfilling the additional
in the subject line of the message. that are the focus of this rulemaking. requirement, in 42 U.S.C. 6295(i)(5), to
• Mail: Ms. Brenda Edwards-Jones, Amendments to EPCA in the Energy determine if the standards should be
U.S. Department of Energy, Building Policy Act of 1992 (EPACT 1992), applicable to additional general service
Technologies Program, Mailstop EE–2J, Public Law 102–486, established energy fluorescent lamps.
Framework Document for Fluorescent conservation standards for residential, As with general service fluorescent
and Incandescent Lamps, EE–2006– commercial and industrial general lamps, EPCA establishes energy
STD–0131 and/or RIN 1904–AA92, 1000 service fluorescent lamps and conservation standards for incandescent
Independence Avenue, SW., incandescent reflector lamps, as well as reflector lamps, requiring that certain
Washington, DC 20585–0121. Please requirements to conduct two cycles of lamps meet prescribed efficacy levels. In
submit one signed paper original. rulemakings for determining whether this rulemaking, the Department is
• Hand Delivery/Courier: Ms. Brenda these standards should be amended.1 conducting its first review, pursuant to
Edwards-Jones, U.S. Department of 42 U.S.C. 6295(i)(3), to determine if the
(42 U.S.C. 6295(i)(1), (3)–(4)) In
standards should be amended. The
Energy, Building Technologies Program, addition, EPCA provides that within
Department is also fulfilling the
Room 1J–018, 1000 Independence twenty-four months after the Federal
additional requirement in 42 U.S.C.
Avenue, SW., Washington, DC 20585– Trade Commission’s (FTC) labeling
6295(i)(5) to determine whether the
0121. Telephone: (202) 586–2945. requirements have become effective for
standards should cover additional
Please submit one signed paper original. general service fluorescent lamps and general service incandescent lamps,
Instructions: All submissions received general service incandescent lamps, including additional incandescent
must include the agency name and DOE must initiate a rulemaking to reflector lamps.
docket number or Regulatory determine if the standards in effect for To begin the required rulemaking
Information Number (RIN) for this such lamps should be amended so that process, the Department prepared the
rulemaking. they would be applicable to additional Framework Document to present the
Docket: For access to the docket to general service fluorescent and general issues and explain the analyses and
read background documents, a copy of service incandescent lamps. (42 U.S.C. process it anticipates using to amend
the transcript of the public meeting, or 6295(i)(5)) Furthermore, according to the energy conservation standards for
comments received, go to the U.S. EPCA, DOE must publish a rule within general service fluorescent lamps,
Department of Energy, Forrestal eighteen months of initiating the incandescent reflector lamps, and
Building, Room 1J–018 (Resource Room rulemaking. (Id.) The FTC published its general service incandescent lamps. The
of the Building Technologies Program), labeling requirements for covered lamps focus of the public meeting will be to
1000 Independence Avenue, SW., on May 13, 1994, which had an effective
Washington, DC 20585–0121, (202) 586– date of May 15, 1995. 59 FR 25176. 3 This rulemaking addresses ‘‘backlog’’
9127, between 9 a.m. and 4 p.m., Previously, the Department did not take rulemakings for incandescent general service lamps,
Monday through Friday, except Federal action on the requirements of 42 U.S.C. fluorescent lamps, and incandescent reflector lamps
holidays. Please call Ms. Brenda that are identified in the report that DOE submitted
6295(i) because lamps were assigned to Congress on January 31, 2006, Energy
Edwards-Jones at the above telephone low priority based on public comment Conservation Standards Activities, pursuant to
number for additional information and potential energy savings estimates section 141 of the Energy Policy Act of 2005 (Pub.
regarding visiting the Resource Room. in the priority setting process.2 L. 109–58) and to the Conference Report (109–275)
to the Fiscal Year 2006, Energy and Water
FOR FURTHER INFORMATION CONTACT: Development Appropriations Act. The report is
Linda Graves, Esq., U.S. Department of 1 Although EPACT 1992 placed regulatory available as a PDF file on the DOE Web page at:
Energy, Office of Energy Efficiency and authority, standards, and definitions for fluorescent http://www.eere.energy.gov/buildings/
Renewable Energy, Building and incandescent lamps under the energy appliance_standards/2006_schedule_setting.html.
conservation program for consumer products (42 4 The Act defines ‘‘lamp efficacy’’ as ‘‘the lumen
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Technologies, EE–2J, 1000 U.S.C. 6291–6309), those provisions also apply to output of a lamp divided by its wattage, expressed
Independence Avenue, SW., general service fluorescent and incandescent in lumens per watt (LPW).’’ (42 U.S.C. 6291(30)(M))
Washington, DC 20585–0121, (202) 586– reflector lamps distributed for commercial use. (42 It defines ‘‘color rendering index’’ (CRI) as ‘‘the
1851. E-mail: linda.graves@ee.doe.gov. U.S.C. 6291(1)). measure of the degree of color shift objects undergo
2 See Appendix B to FY 2005 Preliminary when illuminated by a light source as compared
Thomas B. DePriest, Esq., U.S. Priority-Setting Summary Report on the DOE Web with the color of those same objects when
Department of Energy, Office of General page at: http://www.eere.energy.gov/buildings/ illuminated by a reference source of comparable
Counsel, GC–72, 1000 Independence appliance_standards/priority_setting.html. color temperature.’’ (42 U.S.C. 6291(30)(J)).

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30836 Federal Register / Vol. 71, No. 104 / Wednesday, May 31, 2006 / Proposed Rules

discuss the analyses and issues DEPARTMENT OF COMMERCE The Agreement provides that
identified in various sections of the Commerce shall establish an import
Framework Document. During the International Trade Administration licensing system in order to implement
Department’s presentation to the terms of this Agreement. Consistent
stakeholders, the Department will 15 CFR Part 360 with Reorganization Plan No. 5 of 1950,
discuss each item listed in the [Docket Number: 060316072–6072–01] effective May 24 (1950 15 FR 3174, 64
Framework Document as an issue for Stat. 1263), the Secretary of Commerce
RIN: 0625–AA70 has delegated the authority for
comment. The Department will also
make a brief presentation on the establishing and operating such a
Mexican Cement Import Licensing system, as provided under 13 U.S.C.
rulemaking process for these products. System
The Department encourages those who 301(a) and 302, to the International
wish to participate in the public AGENCY: Import Administration, Trade Administration (ITA) under
International Trade Administration, Delegation of Authority 10–3. In order
meeting to obtain the Framework
Department of Commerce. to implement this authority, ITA is
Document and be prepared to discuss its
ACTION: Proposed rule and request for today publishing this proposed rule and
contents. A copy of the draft Framework request for comment to establish an
Document is available at: http:// public comment.
internet-based cement licensing system
www.eere.energy.gov/buildings/ SUMMARY: The Department of Commerce called the Mexican Cement Import
appliance_standards/. However, public (Commerce) requests public comment Licensing System. The Mexican Cement
meeting participants need not limit their on a proposed rule to establish a Import Licensing System is designed to
discussions to the topics in the Mexican Cement Import Licensing allow Commerce to gain all of the real-
Framework Document. The Department System in accordance with the time information it needs to meet its
is also interested in receiving views Agreement Between the Office of the obligations under this important
concerning other relevant issues that United States Trade Representative and bilateral trade agreement with Mexico.
participants believe would affect energy the Department of Commerce of the The system would be comprised of two
conservation standards for these United States of America and the parts:
products. The Department also Ministry of Economy of the United (1) An online registration system for
welcomes all interested parties, whether Mexican States (Secretaria de Economia) cement importers; and
or not they participate in the public on Trade in Cement (Agreement), dated (2) An automatic cement license
meeting, to submit in writing by March 6, 2006. This cement licensing issuance system.
Thursday, June 29, 2006, comments and system is intended to enable Commerce All importers of cement products
information on the matters addressed in to monitor the sub-regional export limits from Mexico would be required to
the Framework Document and on other established by the Agreement for the obtain an import license and provide
matters relevant to consideration of three year duration of the Agreement. that license number to U.S. Customs
standards for these lamps. DATES: Written comments must be
and Border Protection (CBP) on the
received on or before 5 p.m., Eastern entry summary (CBP Form 7501). In
The public meeting will be conducted addition to the standard information
in an informal, facilitated, conference daylight savings time on June 30, 2006.
required to be reported on CBP Form
style. A court reporter will be present to ADDRESSES: Written comments should
7501, the Mexican Cement Import
prepare a transcript of the meeting. be sent to Jonathan Herzog, Senior License application will require the
There shall be no discussion of International Trade Policy Analyst, importer of record to report the Sub-
proprietary information, costs or prices, Import Administration, Room 1870, region of Final Destination, the Final
market shares, or other commercial Department of Commerce, 14th and Destination, and the Mexican Export
matters regulated by the U.S. antitrust Constitution Ave., NW., Washington, License Number, and to state whether
laws. DC 20230. the shipment is being made for disaster
FOR FURTHER INFORMATION CONTACT: relief, as defined in the Agreement. The
After the public meeting and the Sally C. Gannon (202) 482–0162; Judith
expiration of the period for submitting information gathered by the Mexican
Wey Rudman (202) 482–0192; or Cement Import Licensing System will
written statements, the Department will Jonathan Herzog (202) 482–4271.
begin collecting data, conducting the provide Commerce with specific,
SUPPLEMENTARY INFORMATION: On March reliable, and real-time data which will
analyses as discussed at the public 6, 2006, the Office of the United States be used to monitor imports pursuant to
meeting, and reviewing the comments Trade Representative (USTR), the Agreement.
received. Commerce, and Secretaria de Economia The Agreement is complex and
Anyone who would like to participate signed a bilateral agreement concerning involves sub-regional export limits
in the public meeting, receive meeting trade in cement between the United which are in effect for a maximum of
materials, or be added to the DOE States and Mexico. A copy of the three years. Without access to import
mailing list to receive future notices and Agreement is available on the data on a real-time basis through the
information regarding fluorescent and Commerce Web site: http:// Mexican Cement Import Licensing
incandescent lamps, should contact Ms. www.ia.ita.doc.gov/download/mexico- System, Commerce will not be able to
Brenda Edwards-Jones at (202) 586– cement/cement-final-agreement.pdf. effectively monitor and administer the
2945. This Agreement settles ongoing Agreement. If an allegation of
litigation before the North American circumvention of the Agreement is
Issued in Washington, DC, on May 24,
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2006.
Free Trade Agreement (NAFTA) and raised, Commerce may be required to
World Trade Organization (WTO) conduct an accelerated changed
Douglas L. Faulkner, dispute resolution panels, and provides circumstances review within 90 days.
Principal Deputy Assistant Secretary, Energy for export limits for three years. This Currently, it can take up to 60 days to
Efficiency and Renewable Energy. Agreement applies only to cement from obtain from CBP and the Bureau of the
[FR Doc. E6–8356 Filed 5–30–06; 8:45 am] Mexico as defined in Section I.L. of the Census the information necessary to
BILLING CODE 6450–01–P Agreement. determine whether Commerce needs to

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