[Federal Register Volume 79, Number 188 (Monday, September 29, 2014)]
[Proposed Rules]
[Pages 58290-58293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23098]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 79, No. 188 / Monday, September 29, 2014 / 
Proposed Rules

[[Page 58290]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2012-BT-STD-0045]
RIN 1904-AC87


Energy Efficiency Program for Consumer Products: Energy 
Conservation Standards for Ceiling Fans: Public Meeting and 
Availability of the Preliminary Technical Support Document

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of public meeting and availability of preliminary 
technical support document.

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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting 
to discuss and receive comments on the preliminary analysis it has 
conducted for purposes of establishing energy conservation standards 
for ceiling fans. The meeting will cover the analytical framework, 
models, and tools that DOE is using to evaluate potential standards for 
this product; the results of preliminary analyses performed by DOE for 
this product; the potential energy conservation standard levels derived 
from these analyses that DOE could consider for this product; and any 
other issues relevant to the development of energy conservation 
standards for ceiling fans. In addition, DOE encourages written 
comments on these subjects. To inform interested parties and to 
facilitate this process, DOE has prepared an agenda, a preliminary 
technical support document (TSD), and briefing materials, which are 
available on the DOE Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/65.

DATES: DOE will hold a public meeting on Tuesday, November 18, 2014 
from 9:00 a.m. to 5:00 p.m., in Washington, DC. Additionally, DOE plans 
to allow for participation in the public meeting via webinar. DOE will 
accept comments, data, and other information regarding this rulemaking 
before or after the public meeting, but no later than November 28, 
2014. See section IV, ``Public Participation,'' of this notice of 
public meeting (NOPM) for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Please note that foreign nationals 
participating in the public meeting are subject to advance security 
screening procedures which require advance notice prior to attendance 
at the public meeting. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed. DOE requires visitors to have 
laptops and other devices, such as tablets, checked upon entry into the 
building. Please report to the visitor's desk to have devices checked 
before proceeding through security.
    Interested persons may submit comments, identified by docket number 
EERE-2011-BT-STD-0045 and/or Regulation Identification Number (RIN) 
1904-AC87, by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: CeilingFan2012STD0045@ee.doe.gov. Include the 
docket number EERE-2011-BT-STD-0045 and/or RIN 1904-AC87 in the subject 
line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-5B, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. If possible, please submit all items on 
a compact disc (CD), in which case it is not necessary to include 
printed copies. [Please note that comments and CDs sent by mail are 
often delayed and may be damaged by mail screening processes.]
     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. If possible, 
please submit all items on CD, in which case it is not necessary to 
include printed copies.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, framework documents, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    The rulemaking Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/65. This Web page contains a link to the docket 
for this notice on the regulation.gov site. The regulations.gov Web 
page contains instructions on how to access all documents in the 
docket, including public comments.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section IV, ``Public 
Participation,'' of this document. For further information on how to 
submit a comment, review other public comments and the docket, or 
participate in the public meeting, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 287-1604. Email: 
ceiling_fans@ee.doe.gov .
    In the Office of the General Counsel, contact Ms. Elizabeth Kohl, 
U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-7796. Email: Elizabeth.Kohl@hq.doe.gov.
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Program, EE-5B, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone (202) 586-2945. Email: 
Brenda.Edwards@ee.doe.gov.

[[Page 58291]]


SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Statutory Authority
II. Rulemaking for Ceiling Fans
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
    A. Engineering Analysis
    B. Energy Use Analysis
    C. Life-Cycle Cost and Payback Period Analyses
    D. National Impact Analysis
IV. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Requests to Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
V. Approval of the Office of the Secretary

I. Statutory Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975, as amended, (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to 
improve energy efficiency and established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program 
covering most major household appliances (collectively referred to as 
``covered products'').\2\ These include ceiling fans, which are the 
subject of this rulemaking. (42 U.S.C. 6295(ff)) This program 
authorizes DOE to establish technologically feasible, economically 
justified energy efficiency regulations for certain products and 
equipment that would be likely to result in substantial national energy 
savings. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012).
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    DOE is required to consider standards for ceiling fans that: (1) 
Achieve the maximum improvement in energy efficiency that is 
technologically feasible and economically justified; and (2) result in 
significant conservation of energy. (42 U.S.C. 6295(o)(2)(A) and 
(o)(3)(B)) To determine whether a proposed standard is economically 
justified, DOE will, after receiving comments on the proposed standard, 
determine whether the benefits of the standard exceed its burdens, 
considering, to the greatest extent practicable, the following seven 
factors:
    1. The economic impact of the standard on manufacturers and 
consumers of products subject to the standard;
    2. The savings in operating costs throughout the estimated average 
life of the covered products in the type (or class) compared to any 
increase in the price, initial charges, or maintenance expenses for the 
covered products which are likely to result from the standard;
    3. The total projected amount of energy savings likely to result 
directly from the standard;
    4. Any lessening of the utility or the performance of the covered 
products likely to result from the standard;
    5. The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    6. The need for national energy conservation; and
    7. Other factors the Secretary of Energy considers relevant.
    (42 U.S.C. 6295(o)(2)(B)(i))
    DOE also adheres to additional statutory requirements of general 
applicability for prescribing new or amended standards set forth in 
other relevant sections of EPCA.

II. Rulemaking for Ceiling Fans

A. Background

    The Energy Policy Act of 2005 (EPACT 2005), Public Law 109-58, 
amended EPCA and provided that DOE may establish energy conservation 
standards for ceiling fans, as well as requirements for determining 
whether these standards should be amended. (42 U.S.C. 6295(ff)) EPCA 
defines a ``ceiling fan'' as ``a nonportable device that is suspended 
from a ceiling for circulating air via the rotation of fan blades'' (42 
U.S.C. 6291(49)) In addition to giving DOE the discretion to issue 
electrical energy conservation standards for ceiling fans, EPCA also 
includes certain statutorily-prescribed design standards (including a 
requirement for (i) fan speed controls separate from any lighting 
controls; (ii) adjustable speed controls (either more than one speed or 
variable speed); and (iii) the capability for reverse action (other 
than fans sold for industrial or outdoor application or where safety 
would be an issue)). (42 U.S.C. 6295(ff)(1)(A) and (6))
    Under this statutory structure, DOE codified energy conservation 
standards and promulgated test procedures for ceiling fans, which are 
set forth in the Code of Federal Regulations (CFR). In a final rule 
technical amendment published in the Federal Register (FR) on October 
18, 2005, DOE codified the statutorily prescribed design standards for 
ceiling fans at 10 CFR 430.32(s). 70 FR 60407, 60413. In a final rule 
published in the Federal Register on December 8, 2006, DOE adopted test 
procedures for ceiling fans at 10 CFR part 430, subpart B, appendix U. 
71 FR 71340, 71366-71367.
    This preliminary analysis is part of DOE's review to determine 
whether the standards in effect for ceiling fans should be amended, as 
directed by EPCA. (42 U.S.C. 6295(ff)(6)) It also addresses 42 U.S.C. 
6295(gg)(3), in which DOE is directed to incorporate standby mode and 
off mode energy use in any amended (or new) standard adopted after July 
1, 2010, if justified pursuant to 42 U.S.C. 6295(o). The statutory 
design standards for ceiling fans will remain in place and are not 
subject to review as part of this rulemaking process.

B. Current Rulemaking Process

    In initiating this rulemaking, DOE prepared a Framework Document, 
``Energy Conservation Standards Rulemaking Framework Document for 
Ceiling Fans and Ceiling Fan Light Kits,'' which describes the 
procedural and analytical approaches DOE anticipates using to evaluate 
energy conservation standards for ceiling fans. This document is 
available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/65.
    DOE held a public meeting on March 22, 2013, at which it described 
the various analyses DOE would conduct as part of the rulemaking, such 
as the engineering analysis, the life-cycle cost (LCC) and payback 
period (PBP) analyses, and the national impact analysis (NIA). 
Representatives for manufacturers, trade associations, environmental 
and energy efficiency advocates, and other interested parties attended 
the meeting.
    Comments received since publication of the Framework Document have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received.

III. Summary of the Analyses Performed by DOE

    For the products covered in this rulemaking, DOE conducted in-depth 
technical analyses in the following areas: (1) Engineering; (2) markups 
to determine product price; (3) energy use; (4) life-cycle cost and 
payback period; and (5) national impacts. The preliminary TSD that 
presents the methodology and results of each of these analyses is 
available at http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/65.
    DOE also conducted, and has included in the preliminary TSD,

[[Page 58292]]

several other analyses that support the major analyses or are 
preliminary analyses that will be expanded upon for a notice of 
proposed rulemaking (NOPR) if DOE determines that amended energy 
conservation standards are technologically feasible, economically 
justified, and would save a significant amount of energy, based on the 
information presented to the Department. These analyses include: (1) 
The market and technology assessment; (2) the screening analysis, which 
contributes to the engineering analysis; and (3) the shipments 
analysis, which contributes to the LCC and PBP analysis and NIA. In 
addition to these analyses, DOE has begun preliminary work on the 
manufacturer impact analysis and has identified the methods to be used 
for the consumer subgroup analysis, the emissions analysis, the 
employment impact analysis, the regulatory impact analysis, and the 
utility impact analysis. DOE will expand on these analyses in the NOPR.

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
cost and efficiency levels of the product that DOE is evaluating as 
potential energy conservation standards. This relationship serves as 
the basis for cost-benefit calculations for individual consumers, 
manufacturers, and the Nation. The engineering analysis identifies 
representative baseline products, which is the starting point for 
analyzing technologies that provide energy efficiency improvements. 
``Baseline products'' refers to a model or models having features and 
technologies typically found in minimally-efficient products currently 
available on the market and, for products already subject to energy 
conservation standards, a model that just meets the current standard. 
After identifying the baseline models, DOE estimated manufacturer 
selling prices by using a consistent methodology and pricing scheme 
that includes material costs and manufacturer markups. Chapter 5 of the 
preliminary TSD discusses the engineering analysis.

B. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of ceiling fans. The energy use analysis seeks to estimate 
the range of energy consumption of the products that meet each of the 
efficiency levels considered in a given rulemaking as they are used in 
the field. DOE uses these values in the LCC and PBP analyses and in the 
NIA. Chapter 7 of the preliminary TSD addresses the energy use 
analysis.

C. Life-Cycle Cost and Payback Period Analyses

    The LCC and PBP analyses determine the economic impact of potential 
standards on individual consumers. The LCC is the total cost of 
purchasing, installing and operating a considered product over the 
course of its lifetime. The LCC analysis compares the LCCs of products 
designed to meet possible energy conservation standards with the LCC of 
the product likely to be installed in the absence of standards. DOE 
determines LCCs by considering: (1) Total installed cost to the 
purchaser (which consists of manufacturer selling price, distribution 
chain markups, sales taxes, and installation cost); (2) the operating 
cost of the product (energy cost, water and wastewater cost in some 
cases, and maintenance and repair cost); (3) product lifetime; and (4) 
a discount rate that reflects the real consumer cost of capital and 
puts the LCC in present-value terms. The PBP represents the number of 
years needed to recover the increase in purchase price (including 
installation cost) of higher-efficiency products through savings in the 
operating cost of the product. PBP is calculated by dividing the 
incremental increase in installed cost of the higher efficiency 
product, compared to the baseline product, by the annual savings in 
operating costs. Chapter 8 of the preliminary TSD addresses the LCC and 
PBP analyses.

D. National Impact Analysis

    The NIA estimates the national energy savings (NES) and the net 
present value (NPV) of total consumer costs and savings expected to 
result from amended standards at specific efficiency levels (referred 
to as candidate standard levels). DOE calculated NES and NPV for each 
candidate standard level for ceiling fans as the difference between a 
base-case forecast (without amended standards) and the standards-case 
forecast (with standards). Cumulative energy savings are the sum of the 
annual NES determined for the lifetime of the products shipped from 
2019 to 2048.\3\ The NPV is the sum over time of the discounted net 
savings each year, which consists of the difference between total 
operating cost savings and increases in total installed costs. Critical 
inputs to this analysis include shipments projections, estimated 
product lifetimes, product installed costs and operating costs, product 
annual energy consumption, the base case efficiency projection, and 
discount rates. Chapter 10 of the preliminary TSD addresses the NIA.
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    \3\ For purposes of analysis, DOE assumes that 2019 would be the 
first year of compliance with amended standards.
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IV. Public Participation

    DOE invites input from the public on all the topics described 
above. The preliminary analytical results are subject to revision 
following further review and input from the public. A complete and 
revised TSD will be made available upon issuance of a NOPR. The final 
rule establishing any amended energy conservation standards will 
contain the final analytical results and will be accompanied by a final 
rule TSD.
    DOE encourages those who wish to participate in the public meeting 
to obtain the preliminary TSD from DOE's Web site and to be prepared to 
discuss its contents. Once again, a copy of the preliminary TSD is 
available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/65. However, public 
meeting participants need not limit their comments to the topics 
identified in the preliminary TSD; DOE is also interested in receiving 
views concerning other relevant issues that participants believe would 
affect energy conservation standards for this product or that DOE 
should address in the NOPR.
    Furthermore, DOE welcomes all interested parties, regardless of 
whether they participate in the public meeting, to submit in writing by 
November 28, 2014 comments, data, and information on matters addressed 
in the preliminary TSD and on other matters relevant to consideration 
of energy conservation standards for ceiling fans.
    The public meeting will be conducted in an informal conference 
style. A court reporter will be present to record the minutes of the 
meeting. There shall be no discussion of proprietary information, costs 
or prices, market shares, or other commercial matters regulated by 
United States antitrust laws.
    After the public meeting and the closing of the comment period, DOE 
will consider all timely-submitted comments and additional information 
obtained from interested parties, as well as information obtained 
through further analyses. Afterwards, the Department will publish 
either a determination that the standards for ceiling fans need not be 
amended or a NOPR proposing to amend those standards. The NOPR will 
include proposed energy conservation standards for the products covered 
by the rulemaking, and members of the public will be given an 
opportunity to

[[Page 58293]]

submit written and oral comments on the proposed standards.

A. Attendance at Public Meeting

    The time and date of the public meeting are listed in the DATES and 
ADDRESSES sections at the beginning of this notice. The public meeting 
will be held at the U.S. Department of Energy, Forrestal Building, Room 
8E-089, 1000 Independence Avenue SW., Washington, DC 20585-0121. To 
attend the public meeting, please notify Ms. Brenda Edwards at (202) 
586-2945. Any foreign national wishing to participate in the meeting 
should advise DOE of this fact as soon as possible by contacting Ms. 
Brenda Edwards to initiate the necessary procedures.
    You can attend the public meeting via webinar, and registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on the 
following Web site: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/65. Participants are 
responsible for ensuring their computer systems are compatible with the 
webinar software.
    The purpose of the meeting is to receive comments and to help DOE 
understand potential issues associated with this rulemaking. DOE must 
receive requests to speak at the meeting before 5 p.m. on November 4, 
2014. DOE must receive a signed original and an electronic copy of 
statements to be given at the public meeting before 5 p.m. on November 
4, 2014.

B. Procedure for Submitting Requests to Speak

    Any person who has an interest in today's notice or who is a 
representative of a group or class of persons that has an interest in 
these issues may request an opportunity to make an oral presentation. 
Such persons may hand-deliver requests to speak, along with a computer 
diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) 
file format to Ms. Brenda Edwards at the address shown in the ADDRESSES 
section at the beginning of this notice between 9:00 a.m. and 4:00 p.m. 
Monday through Friday, except Federal holidays. Requests may also be 
sent by mail to the address shown in the ADDRESSES section or email to 
Brenda.Edwards@ee.doe.gov.
    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to be heard to submit an advance 
copy of their statements at least two weeks before the public meeting. 
At its discretion, DOE may permit any person who cannot supply an 
advance copy of their statement to participate, if that person has made 
advance alternative arrangements with the Building Technologies 
Program. The request to give an oral presentation should ask for such 
alternative arrangements.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also employ a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C. 
6306) A court reporter will record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the public meeting. After the public meeting, interested parties may 
submit further comments on the proceedings as well as on any aspect of 
the rulemaking until the end of the comment period.
    The public meeting will be conducted in an informal conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within DOE-determined time limits) prior to 
the discussion of specific topics. DOE will permit other participants 
to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions from DOE and other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the public 
meeting will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the public meeting.
    A transcript of the public meeting will be posted on the DOE Web 
site and will also be included in the docket, which can be viewed as 
described in the Docket section at the beginning of this notice. In 
addition, any person may buy a copy of the transcript from the 
transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and other information regarding 
this rulemaking before or after the public meeting, but no later than 
the date provided at the beginning of this notice. Please submit 
comments, data, and other information as provided in the ADDRESSES 
section. Submit electronic comments in WordPerfect, Microsoft Word, 
PDF, or text (ASCII) file format and avoid the use of special 
characters or any form of encryption. Comments in electronic format 
should be identified by the Docket Number EERE-2011-BT-STD-0045 and/or 
RIN 1904-AC87 and, wherever possible, carry the electronic signature of 
the author. No telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: one copy of the document including 
all the information believed to be confidential and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination as to the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) a date upon which such information might lose 
its confidential nature due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this NOPM.

    Issued in Washington, DC, on September 16, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-23098 Filed 9-26-14; 8:45 am]
BILLING CODE 6450-01-P