[Federal Register Volume 79, Number 180 (Wednesday, September 17, 2014)]
[Notices]
[Pages 55769-55772]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22175]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Case No. RF-041]


Extension of Waiver to Panasonic Appliances Refrigeration Systems 
Corporation of America Corporation From the Department of Energy 
Residential Refrigerator and Refrigerator-Freezer Test Procedures

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

ACTION: Extension of Waiver.

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SUMMARY: The U.S. Department of Energy (DOE) is granting a waiver 
extension (Case No. RF-041) to Panasonic Appliances Refrigeration 
Systems Corporation of America (PAPRSA) to waive the requirements of 
the DOE electric refrigerator and refrigerator-freezer test procedures 
for determining the energy consumption of a specific hybrid basic 
model, PR5180JKBC. Under today's extension, PAPRSA shall be required to 
test and rate this hybrid wine chiller/beverage center basic model 
using an alternate test procedure that requires PAPRSA to test the wine 
chiller compartment at 55 [deg]F instead of the prescribed temperature 
of 39 [deg]F per title 10 of the Code of Federal Regulations (10 CFR) 
part 430, subpart B, appendix A. PAPRSA shall also use the K factor 
(correction factor) value of 0.85 when calculating the energy 
consumption.

DATES: This extension of waiver is effective September 17, 2014.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Bryan Berringer, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 586-0371, Email: 
[email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, Mail Stop GC-71, Forrestal Building, 1000 Independence Avenue 
SW., Washington, DC 20585-0103. Telephone: (202) 586-8145. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: In accordance with 10 CFR 430.27(g), DOE 
gives notice of the issuance of its extension of waiver as set forth 
below. The extension of waiver grants PAPRSA a waiver from the 
applicable residential refrigerator and refrigerator-freezer test 
procedures found in 10 CFR part 430, subpart B, appendix A for certain 
basic models of hybrid wine chiller/beverage center products, provided 
that PAPRSA tests and rates such products using the alternate test 
procedure described in this notice. Today's extension prohibits PAPRSA 
from making representations concerning the energy efficiency of these 
products unless the product has been tested in a manner consistent with 
the provisions and restrictions in the alternate test procedure set 
forth in the extension below, and the representations fairly disclose 
the test results. 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).

I. Background and Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA), Public Law 94-163 (42 U.S.C. 6291-6309, as codified) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances, 
which includes the residential electric refrigerators and refrigerator-
freezers that are the focus of this notice.\1\ Part B includes 
definitions, test procedures, labeling provisions, energy conservation 
standards, and the authority to require information and reports from 
manufacturers. Further, Part B authorizes the Secretary of Energy to 
prescribe test procedures that are reasonably designed to produce 
results that measure energy efficiency, energy use, or estimated 
operating costs, and that are not unduly burdensome to conduct. (42 
U.S.C. 6293(b)(3)) The test procedure for residential electric 
refrigerators and refrigerator-freezers is set forth in 10 CFR part 
430, subpart B, appendix A.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
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    DOE's regulations allow a person to seek a waiver from the test 
procedure requirements for a particular basic model of a type of 
covered consumer product when (1) the petitioner's basic model for 
which the petition for waiver was submitted contains one or more design 
characteristics that prevent testing according to the prescribed test 
procedure, or (2) when prescribed test procedures may evaluate the 
basic model in a manner so unrepresentative of its true energy 
consumption characteristics as to provide materially inaccurate 
comparative data. 10 CFR 430.27(a)(1). Petitioners must include in 
their petition any alternate test procedures known to the petitioner to 
evaluate the basic model in a manner

[[Page 55770]]

representative of its energy consumption characteristics.
    The granting of a waiver is subject to conditions, including 
adherence to alternate test procedures. 10 CFR 430.27(f)(2). As soon as 
practicable after the granting of any waiver, DOE will publish in the 
Federal Register a notice of proposed rulemaking to amend its 
regulations so as to eliminate any need for the continuation of such 
waiver. As soon thereafter as practicable, DOE will publish in the 
Federal Register a final rule. 10 CFR 430.27(l). The waiver process 
also allows the granting of an interim waiver from test procedure 
requirements to manufacturers that have petitioned DOE for a waiver of 
such prescribed test procedures. 10 CFR 430.27(e). Within one year of 
issuance of an interim waiver, DOE will either: (i) Publish in the 
Federal Register a determination on the petition for waiver; or (ii) 
Publish in the Federal Register a new or amended test procedure that 
addresses the issues presented in the waiver. 10 CFR 430.27(h)(1).
    A petitioner may request that DOE extend the scope of a waiver or 
an interim waiver to include additional basic models employing the same 
technology as the basic model(s) set forth in the original petition. 
DOE will publish any such extension in the Federal Register. 10 CFR 
430.27(g).

II. PAPRSA's Extension of Waiver: Assertions and Determinations

    On July 2, 2014, PAPRSA requested an extension of its previous 
waivers (Case Nos. RF-022 and RF-031) under 10 CFR 430.27(g) for its 
hybrid wine chiller/beverage center basic model, PR5180JKBC pertaining 
to appendix A to subpart B of 10 CFR part 430. Because PAPRSA has 
elected to utilize Appendix A to Subpart B of Part 430 prior to the 
September 15, 2014 effective date to measure the energy consumption of 
its new basic hybrid model, testing of the refrigerated beverage 
compartment will be conducted at 39 [deg]F as specified in Appendix A, 
as opposed to 38 [deg]F as specified in the Appendix A1 test method 
under which PAPRSA's waiver hybrid models were previously certified. 
DOE is publishing PAPRSA's extension of waiver in its entirety.
    DOE granted a similar waiver to PAPRSA through an interim waiver 
(78 FR 35894 (June 14, 2013)) and a subsequent Decision and Order (78 
FR 57139 (September 17, 2013)) under Case No. RF-031. Additionally, DOE 
granted a similar waiver to Sanyo E&E Corporation (Sanyo) through an 
interim waiver (77 FR 19654 (April 2, 2012)) and a subsequent Decision 
and Order (77 FR 49443 (August 16, 2012)) under Case No. RF-022. On 
October 4, 2012, DOE issued a notice of correction to the Decision and 
Order incorporating a K factor (correction factor) value of 0.85 when 
calculating the energy consumption (77 FR 60688). Sanyo E&E Corporation 
has since changed its corporate name to Panasonic Appliances 
Refrigeration Systems Corporation of America, meaning that it is the 
same manufacturer to which DOE granted the August 2012 waiver. PAPRSA 
submitted a petition for waiver and application for interim waiver from 
the test procedure applicable to residential electric refrigerators and 
refrigerator-freezers set forth in 10 CFR Part 430, subpart B, appendix 
A1. In its petition, PAPRSA sought a waiver from the existing DOE test 
procedure applicable to refrigerators and refrigerator-freezers under 
10 CFR Part 430 for PAPRSA's hybrid models that consist of single-
cabinet units with a refrigerated beverage compartment in the top 
portion and a wine storage compartment in the bottom of the units. DOE 
issued guidance that clarified the test procedures to be used for 
hybrid products such as the PAPRSA model at issue here: http://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/refrigerator_definition_faq.pdf. This guidance 
specifies that basic models such as the ones PAPRSA identifies in its 
petition, which do not have a separate wine storage compartment with a 
separate exterior door, are to be tested according to the DOE test 
procedure in Appendix A1, with the temperatures specified therein. 
PAPRSA asserts that the wine storage compartment cannot be tested at 
the prescribed temperature of 38 [deg]F, because the minimum 
compartment temperature is 45 [deg]F. PAPRSA submitted an alternate 
test procedure to account for the energy consumption of its wine 
chiller/beverage centers. That alternate procedure would test the wine 
chiller compartment at 55 [deg]F, instead of the prescribed 38 [deg]F. 
To justify the use of this standardized temperature for testing, PAPRSA 
stated in its petition that it designed these models to provide an 
average temperature of 55 to 57 [deg]F, which it determined is a 
commonly recommended temperature for wine storage, suggesting that this 
temperature is presumed to be representative of expected consumer use. 
77 FR 19656. DOE notes that the test procedures for wine chillers 
adopted by the Association of Home Appliance Manufacturers (AHAM), 
California Energy Commission (CEC), and Natural Resources Canada all 
use a standardized compartment temperature of 55 [deg]F for wine 
chiller compartments, which is consistent with PAPRSA's approach.

III. Conclusion

    After careful consideration of all the material submitted by 
PAPRSA, it is ordered that:
    (1) The extension of waiver submitted by the Panasonic Appliances 
Refrigeration Systems Corporation of America (Case No. RF-041) is 
hereby granted as set forth in the paragraphs below.
    (2) PAPRSA shall be required to test and rate the following PAPRSA 
model according to the alternate test procedure set forth in paragraph 
(3) below:

PR5180JKBC

    (3) PAPRSA shall be required to test the products listed in 
paragraph (2) above according to the test procedures for electric 
refrigerator-freezers prescribed by DOE at 10 CFR part 430, Appendix A, 
except that, for the PAPRSA products listed in paragraph (2) only, test 
the wine chiller compartment at 55 [deg]F, instead of the prescribed 39 
[deg]F.
    PAPRSA shall also use the K factor (correction factor) value of 
0.85 when calculating the energy consumption of one of the models 
listed above. Therefore, the energy consumption is defined by the 
higher of the two values calculated by the following two formulas 
(according to 10 CFR part 430, subpart B, Appendix A):
    Energy consumption of the wine compartment:

EWine = ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)] *0.85

    Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment = ET1 + [(ET2-ET1) x (39 [deg]F-TBC1)/(TBC2-
TBC1)].

    (4) Representations. PAPRSA may make representations about the 
energy use of its hybrid wine chiller/beverage center products for 
compliance, marketing, or other purposes only to the extent that such 
products have been tested in accordance with the provisions outlined 
above and such representations fairly disclose the results of such 
testing.
    (5) This waiver shall remain in effect consistent with the 
provisions of 10 CFR 430.27(l).
    (6) This waiver is issued on the condition that the statements, 
representations, and documentary materials provided by the petitioner 
are valid. DOE may revoke or modify this waiver at any time if it 
determines the factual basis underlying the petition for

[[Page 55771]]

waiver is incorrect, or the results from the alternate test procedure 
are unrepresentative of the basic models' true energy consumption 
characteristics.
    (7) This waiver applies only to those basic models set out in 
PAPRSA's July 2, 2014 extension of waiver. Granting of this extension 
does not release a petitioner from the certification requirements set 
forth at 10 CFR part 429.

    Issued in Washington, DC, on September 10, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

BEFORE THE

U.S. DEPARTMENT OF ENERGY

Washington, DC 20585

    In the Matter of: Panasonic Appliances Refrigeration Systems 
Corporation of America, Petitioner

Case Number: RF-022; RF-301

REQUEST FOR EXTENSION OF WAIVER AND INTERIM WAIVER

    Panasonic Appliances Refrigeration Systems Corporation of America 
(``PAPRSA'') respectfully submits this Request for Extension of Waiver 
and Interim Waiver (``Request'') pursuant to 10 C.F.R. Sec.  430.27(g). 
PAPRSA intends to introduce a new basic hybrid wine chiller/beverage 
center model (``hybrid model'') listed below that contains the same 
design characteristics that prevent testing of the basic model 
according to the test procedures prescribed in 10 C.F.R. Sec.  430, 
subpart B, appendix A and for which PAPRSA received two previous 
waivers and interim waivers as a result. As detailed more fully below, 
the Department of Energy (``DOE'') has previously granted PAPRSA \1\ 
two separate waivers from DOE's electric refrigerator and refrigerator-
freezer test procedures for determining the energy consumption of 
substantially similar hybrid models in Case Nos. RF-022 and RF-301 (the 
``waiver hybrid models'').\2\ PAPRSA has developed a new basic hybrid 
model, PR5180JKBC, that contains the same design characteristics as its 
waiver hybrid models that make it impossible to certify, rate, and sell 
this new hybrid model under the existing testing procedures. PAPRSA 
therefore respectfully requests that DOE extend the previously granted 
waivers and interim waivers to these new basic hybrid models and that 
it be permitted to employ the alternative testing method for this new 
basic hybrid model that has already been approved by DOE for the waiver 
hybrid models.
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    \1\ The first waiver granted in Case No. RF-022 was issued to 
SANYO E&E Corporation. Effective April 1, 2013, SANYO E&E 
Corporation changed its corporate name to Panasonic Appliances 
Refrigeration Systems Corporation of America. Throughout this 
Petition, PAPRSA will be used to refer to both SANYO E&E Corporation 
and Panasonic Appliances Refrigeration Systems Corporation of 
America, unless otherwise indicated.
    \2\ PAPRSA notes at the outset that its waiver hybrid models 
were tested and certified by incorporating the standards contained 
10 C.F.R. Sec.  430, subpart B, appendix A1 as they relate to the 
refrigerated beverage compartment of these single cabinet units. For 
the new basic hybrid model, PAPRSA is electing to utilize 10 C.F.R. 
Sec.  430, subpart B, appendix A prior to the September 15, 2014 
effective date to measure the energy consumption of its new basic 
hybrid model.
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1. Existing Waiver Background and Product Characteristics of PAPRSA's 
Hybrid Models

    On June 2, 2011, PAPRSA submitted a petition for waiver with 
respect to the test procedures for its waiver hybrid models that 
consist of a combination of a refrigerated ``beverage'' compartment in 
the top portion of these single-cabinet units and a wine storage 
compartment on the bottom of the units, and for which an alternative 
testing procedure was necessary in order to certify, rate, and sell 
such models. The waiver hybrid models include the following models: 
JUB248LB, JUB248RB, JUB248LW, JUB248RW, KBCO24LS, KBCS24LS, KBCO24RS, 
KBCS24RS, and MBCM24FW.
    As PAPRSA previously explained, PAPRSA designed the wine storage 
compartments of its waiver hybrid models to operate between a minimum 
temperature of 45 [deg]F and a maximum temperature of 64 [deg]F, with 
an average temperature of 55 to 57 [deg]F. In fact, heaters are used to 
ensure that the temperature in the wine storage compartment never drops 
below 45 [deg]F, as wines chilled below this temperature risk becoming 
crystallized and, therefore, ruined. Currently, however, DOE's testing 
procedures contained in 10 C.F.R. Sec.  430, subpart B, appendix A1, 
mandate that energy consumption be measured when the compartment 
temperature is set at 38 [deg]F. Based on the design characteristics of 
its waiver hybrid models noted above, however, PAPRSA needed a waiver 
with respect to DOE's testing procedures in order to properly 
``certify, rate, and sell such models,'' because the existing test 
procedures contained in 10 C.F.R. Sec.  430, subpart B, appendix A1, do 
not contemplate a product that is designed to be incapable of achieving 
a temperature below 45 [deg]F.
    On April 2, 2012, DOE published PAPRSA's previous petition for 
waiver and sought public comment, and DOE subsequently extended the 
deadline for comments after PAPRSA submitted a request for extension to 
clarify the scope of its original petition for waiver. See Federal 
Register, Vol. 77, No. 96, 29331-29333. No comments were filed opposing 
the relief requested in PAPRSA's petition for waiver.
    On August 9, 2012, DOE granted PAPRSA a waiver from DOE's electric 
refrigerator and refrigerator-freezer test procedures for determining 
the energy consumption of the basic models listed in its June 2, 2011 
petition for waiver. See Federal Register, Vol. 77, No. 159, 49443-44. 
In permitting PAPRSA to test the wine chiller compartment at 55 [deg]F, 
DOE noted ``that the test procedures for wine chillers adopted by the 
Association of Home Appliance Manufacturers (AHAM), California Energy 
Commission (CEC), and Natural Resources Canada all use a standardized 
compartment temperature of 55 [deg]F for wine chiller compartments, 
which is consistent with [PAPRSA's] approach.'' Id. at 49444.
    On September 26, 2012, DOE issued a correction to its August 9, 
2012 order that incorporated the K factor (correction factor) value of 
.85 that PAPRSA should utilize when calculating the energy consumption 
of its waiver hybrid models. See Federal Register, Vol. 77, No. 193, 
60688-89. Accordingly, DOE ultimately directed PAPRSA to utilize the 
following test procedure for its waiver hybrid models:
    Energy consumption is defined by the higher of the two values 
calculated by the following two formulas (according to 10 CFR part 430, 
subpart B, Appendix A1):
    Energy consumption of the wine compartment:

EWine = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)]) *0.85

    Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment = ET1 + [(ET2-ET1) x (38 [deg]F-TBC1)/(TBC2-
TBC1)].

See Federal Register, Vol. 77, No. 193 at 60689.

    On April 29, 2013, PAPRSA submitted a second petition for waiver 
and interim waiver for a substantially similar hybrid model, SR5180JBC, 
that shares the same design characteristics that led DOE to approve 
PAPRSA's June 2, 2011 waiver request. No comments were filed opposing 
the relief requested in PAPRSA's second petition for waiver and interim 
waiver. On September 17, 2013, DOE again granted PAPRSA a waiver from 
DOE's electric refrigerator and refrigerator-freezer test procedures

[[Page 55772]]

for determining the energy consumption of basic hybrid model SR5180JBC. 
See Federal Register, Vol. 78, No. 180, 57139-41.

2. Request to Extend Scope of Previously Granted Waivers and Interim 
Waivers to New Basic Hybrid Model under Previously Approved Alternative 
Testing Procedure

    As indicated above, PAPRSA has developed a new basic hybrid model, 
PR5180JKBC, that shares the same design characteristics that led DOE to 
approve PAPRSA's two prior petitions for waiver. This new basic hybrid 
model is a single cabinet hybrid model that would be classified as a 
compact refrigerator with automatic defrost without through-the-door 
ice service, but which has a wine-chiller compartment designed for an 
average temperature of 55 to 57 [deg]F. Just as PAPRSA's waiver hybrid 
models, this new basic hybrid model contains a heater that makes it 
impossible for the temperature of the wine-chiller compartment to reach 
a temperature below 45 [deg]F. Thus, testing this new hybrid model at 
39 [deg]F is simply not possible and not representative of the energy 
consumption characteristics of this new basic hybrid model.
    Further, this new basic hybrid model, just as PAPRSA's waiver 
hybrid models, will have a door-opening usage aligned with household 
freezers, thus 0.85 should also be the employed K factor (correction 
factor) for this basic hybrid model. See Appendix B1 to Subpart 430, 
5.2.1.1, because Subpart 430 does not recognize wine chiller as a 
category.
    In short, there are no material differences between this new basic 
hybrid model and PAPRSA's waiver hybrid models as it impacts this 
Request. The design differences between the new basic hybrid model and 
the waiver hybrid models are the introduction of a more efficient 
compressor and new external electronic controls. Although the new basic 
hybrid model will be more energy efficient, the design characteristics 
of the new basic hybrid model are the same as the characteristics of 
PAPRSA's waiver hybrid models that led DOE to grant the prior two 
waivers. Accordingly, PAPRSA respectfully requests that it be permitted 
to use the following testing procedure for its new basic hybrid model:
    Energy consumption is defined by the higher of the two values 
calculated by the following two formulas (according to 10 CFR part 430, 
subpart B, Appendix A):

    Energy consumption of the wine compartment:

EWine = (ET1 + [(ET2-ET1) x (55 [deg]F-TW1)/(TW2-TW1)]) *0.85

    Energy consumption of the refrigerated beverage compartment:

EBeverage Compartment = ET1 + [(ET2-ET1) x (39 [deg]F-TBC1)/(TBC2-
TBC1)].\3\


    \3\ As a result of electing to utilize Appendix A to Subpart B 
of Part 430 prior to the September 15, 2014 effective date to 
measure the energy consumption of its new basic hybrid model, 
testing of the refrigerated beverage compartment will be conducted 
at 39 [deg]F as specified in Appendix A, as opposed to 38 [deg]F as 
specified in Appendix A1 and under which PAPRSA's waiver hybrid 
models were previously certified.
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    Accordingly, PAPRSA respectfully requests that DOE extend the 
waivers that DOE previously granted it and that PAPRSA be permitted to 
use this approved alternative testing method to test, certify and rate 
the new basic hybrid models in the same manner as its waiver hybrid 
models subject to the existing waivers.

3. Grounds for Interim Waiver

    Pursuant to 10 CFR part 430.27(b)(2), applicants for an interim 
waiver should address the likely success of their petition and what 
economic hardships and/or competitive disadvantages are likely to arise 
absent the grant of an interim waiver.
    As detailed above, it is highly likely that DOE will grant this 
Request, as PAPRSA is simply seeking to test a new basic hybrid model 
under the alternative testing procedure already approved twice by DOE 
for PAPRSA's other hybrid models subject to the existing waivers. The 
new basic hybrid models contain no materially different design 
characteristics that should warrant a different result.
    Further, as DOE has previously stated, ``[f]ully recognizing that 
product development occurs faster than the test procedure rulemaking 
process, the Department's rules permit manufacturers of models not 
contemplated by the test procedures . . . to petition for a test 
procedure waiver in order to certify, rate, and sell such models.'' GC 
Enforcement Guidance on the Application of Waivers and on the Waiver 
Process at 2 (rel. Dec. 23, 2010); \4\ see also DOE FAQ Guidance 
Regarding Coverage of Wine Chillers, Etc. in the R/F Standard/Test 
Procedure at 2 (rel. Feb. 10, 2011) (``DOE recognizes the potential 
disparity in treatment among these hybrid products. As DOE indicated . 
. . , the Department plans to engage in a future rulemaking to more 
comprehensively address these types of products.'').
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    \4\ Available at http://www.gc.energy.gov/documents/LargeCapacityRCW_guidance_122210.pdf.
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    Certain manufacturers design comparable hybrid models so that the 
beverage center compartment does not reach below 40 [deg]F, and thus 
are not covered products under DOE's regulations. Unless PAPRSA is 
granted an interim waiver, it will be at a competitive disadvantage by 
being unable to introduce the new basic hybrid model to compete with 
manufacturers that design their hybrid models in a manner that falls 
outside of DOE's jurisdiction.
    Thus, given that this Request is likely to be granted and PAPRSA 
will face economic hardship unless an interim waiver is granted, 
permitting PAPRSA to immediately certify the new basic hybrid model 
under the alternative testing method already approved by DOE is in the 
public interest.

Respectfully submitted,

Alan G. Fishel
Adam D. Bowser

Arent Fox LLP, 1717 K St. NW., Washington, DC 20036-5369, (202) 857-
6450, [email protected], [email protected], Counsel 
for Panasonic Appliances Refrigeration Systems Corporation of 
America

July 2, 2014
[FR Doc. 2014-22175 Filed 9-16-14; 8:45 am]
BILLING CODE 6450-01-P