51629 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 
§ 1207.320 Establishment and 
membership. 
* * * * * 
(b) Producer membership on the 
Board shall be determined on the basis 
of potato production reported in the 
latest Crop Production Annual Summary Report issued by the National Agricultural Statistics Service of the U.S. Department of Agriculture. If a State’s potato production data is not provided by the National Agricultural Statistics Service, the Board may use an alternative data source that reliably reflects potato production in the United States. Unless the Secretary, upon recommendation of the Board, determines an alternate basis, for each five million hundredweight of such production, or major fraction thereof, produced within each State, such State shall be entitled to one member. However, each State shall initially be 
entitled to at least one member. 
* * * * * 
■3. Revise § 1207.502(a) to read as 
follows: 
§ 1207.502 Determination of membership. 
(a) Pursuant to § 1207.320 and the 
recommendation of the Board, annual 
producer memberships on the Board shall be determined on the basis of the average potato production during the 3 preceding years in each State as set forth in the Crop Production Annual Summary Reports issued by the National Agricultural Statistics Service of the U.S. Department of Agriculture. If a State’s potato production data is not provided by the National Agricultural Statistics Service, the Board may use an alternative data source that reliably reflects potato production in the United 
States. 
* * * * * 
■4. Revise § 1207.510 (b)(3) to read as 
follows: 
§ 1207.510 Levy of assessments. 
* * * * * 
(b) * * * 
(3) The Harmonized Tariff Schedule 
(HTS) categories and assessment rates on imported tablestock potatoes and frozen or processed potatoes for ultimate consumption by humans and on imported seed potatoes are listed in the following table. In the event that any HTS number subject to assessment is changed and such change is merely a replacement of a previous number and has no impact on the description of the potatoes, assessments will continue to be collected based on these new numbers. 
TABLE 2 TOPARAGRAPH (b)(3) 
Tablestock potatoes, frozen or processed potatoes, and seed potatoes Assessment 
Cents/cwt Cents/kg 
0701.10.0020 ................................................................................................................... ........................................ 3.0 0.066 
0701.10.0040 ................................................................................................................... ........................................ 3.0 0.066 
0701.90.1000 ................................................................................................................... ........................................ 3.0 0.066 
0701.90.5015 ................................................................................................................... ........................................ 3.0 0.066 
0701.90.5025 ................................................................................................................... ........................................ 3.0 0.066 
0701.90.5035 ................................................................................................................... ........................................ 3.0 0.066 
0701.90.5045 ................................................................................................................... ........................................ 3.0 0.066 
0701.90.5055 ................................................................................................................... ........................................ 3.0 0.066 
0701.90.5065 ................................................................................................................... ........................................ 3.0 0.066 
0710.10.0000 ................................................................................................................... ........................................ 6.0 0.132 
2004.10.4000 ................................................................................................................... ........................................ 6.0 0.132 
2004.10.8020 ................................................................................................................... ........................................ 6.0 0.132 
2004.10.8040 ................................................................................................................... ........................................ 6.0 0.132 
2005.20.0070 ................................................................................................................... ........................................ 4.716 0.104 
0712.90.3000 ................................................................................................................... ........................................ 21.429 0.472 
1105.10.0000 ................................................................................................................... ........................................ 21.429 0.472 
1105.20.0000 ................................................................................................................... ........................................ 21.429 0.472 
2005.20.0040 ................................................................................................................... ........................................ 21.429 0.472 
2005.20.0020 ................................................................................................................... ........................................ 12.240 0.27 
1108.13.0010 ................................................................................................................... ........................................ 27.0 0.595 
* * * * * 
■5. Revise § 1207.513 (c)(1) to read as 
follows: 
§ 1207.513 Payment of assessments. 
* * * * * 
(c) Payment directly to the Board. (1) 
Except as provided in paragraphs (b) 
and (d) of this section, each designated handler or importer shall remit assessments directly to the Board by check or electronic payment. Checks are to be made payable to the National Potato Promotion Board or the Board’s official doing business as name. Payment is due not later than 10 days after the end of the month such assessment is due together with a report (preferably on Board forms) thereon. 
* * * * * 
Erin Morris, 
Associate Administrator, Agricultural 
Marketing Service. 
[FR Doc. 2021–19676 Filed 9–15–21; 8:45 am] 
BILLING CODE P DEPARTMENT OF ENERGY 
10 CFR Part 430 
[EERE–2021–BT–DET–0022] 
RIN 1904–AF25 
Energy Conservation Program: 
Proposed Determination of Air Cleaners as a Covered Consumer Product 
AGENCY : Office of Energy Efficiency and 
Renewable Energy, Department of 
Energy. 
ACTION : Notification of proposed 
determination and request for comment. 
SUMMARY : The U.S. Department of 
Energy (‘‘DOE’’) has tentatively 
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1All references to EPCA in this document refer 
to the statute as amended through the Energy Act 
of 2020, Public Law 116–260 (Dec. 27, 2020). 
2For editorial reasons, upon codification in the 
U.S. Code, Part B was redesignated Part A. 
3The enumerated list of covered products is at 42 
U.S.C. 6292(a)(1)–(19). 
4DOE has defined ‘‘household’’ to mean an entity 
consisting of either an individual, a family, or a group of unrelated individuals, who reside in a particular housing unit. For the purpose of this definition: 
(1) Group quarters means living quarters that are 
occupied by an institutional group of 10 or more unrelated persons, such as a nursing home, military barracks, halfway house, college dormitory, fraternity or sorority house, convent, shelter, jail or correctional institution. 
(2) Housing unit means a house, an apartment, a 
group of rooms, or a single room occupied as separate living quarters, but does not include group quarters. 
(3) Separate living quarters means living quarters: 
(i) To which the occupants have access either: 
(A) Directly from outside of the building, or (B) Through a common hall that is accessible to 
other living quarters and that does not go through 
someone else’s living quarters, and 
(ii) Occupied by one or more persons who live 
and eat separately from occupant(s) of other living quarters, if any, in the same building. 10 CFR 430.2. determined that air cleaners qualify as 
a covered product under Part A of Title III of the Energy Policy and Conservation Act (‘‘EPCA’’), as amended. DOE has tentatively determined that coverage of air cleaners is necessary and appropriate to carry out the purposes of EPCA, and that the average U.S. household energy use for air cleaners is likely to exceed 100 kilowatt-hours per year. 
DATES : Written comments, data, and 
information are requested and will be accepted on or before November 15, 2021. 
ADDRESSES : Interested persons are 
encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov. Follow the 
instructions for submitting comments. Alternatively, interested persons may submit comments, identified by docket number EERE–2021–BT–DET–0022, by any of the following methods: 
1. Federal eRulemaking Portal: 
www.regulations.gov. Follow the 
instructions for submitting comments. 
2. Email: to 
AirCleaners2021DET0022@ee.doe.gov. Include docket number EERE–2021–BT– DET–0022 in the subject line of the message. 
No telefacsimiles (‘‘faxes’’) will be 
accepted. For detailed instructions on submitting comments and additional information on this process, see section VI of this document. 
Although DOE has routinely accepted 
public comment submissions through a variety of mechanisms, including postal mail and hand delivery/courier, DOE has found it necessary to make temporary modifications to the comment submission process in light of the ongoing COVID–19 pandemic. DOE is currently suspending receipt of public comments via postal mail and hand delivery/courier. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at (202) 586– 1445 to discuss the need for alternative arrangements. Once the COVID–19 pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier. 
Docket: The docket, which includes 
Federal Register notices, comments, and other supporting documents/ materials, is available for review at www.regulations.gov. 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 docket web page can be found at 
www.regulations.gov/docket/EERE- 2021-BT-DET-0022. The docket web 
page contains instructions on how to access all documents, including public comments, in the docket. See section VI, ‘‘Public Participation,’’ for further information on how to submit comments through www.regulations.gov. 
FOR FURTHER INFORMATION CONTACT : 
Dr. Stephanie Johnson, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–2J, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 287–1943. Email: ApplianceStandardsQuestions@ee.doe.gov. 
Ms. Linda Field, U.S. Department of 
Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 586–3440. Email: Linda.Field@hq.doe.gov. 
For further information on how to 
submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment Standards Program staff at (202) 287– 1445 or by email: ApplianceStandardsQuestions@ee.doe.gov. 
SUPPLEMENTARY INFORMATION : 
Table of Contents 
I. Statutory Authority 
II. Current Rulemaking Process III. Scope of Coverage IV. Evaluation of Air Cleaners as a Covered 
Product Subject to Energy Conservation Standards 
A. Coverage Necessary or Appropriate To 
Carry Out Purposes of EPCA 
B. Average Household Energy Use C. Preliminary Determination 
V. Procedural Issues and Regulatory Review 
A. Review Under Executive Order 12866 
B. Review Under the Regulatory Flexibility 
Act 
C. Review Under the Paperwork Reduction 
Act of 1995 
D. Review Under the National 
Environmental Policy Act of 1969 
E. Review Under Executive Order 13132 F. Review Under Executive Order 12988 G. Review Under the Unfunded Mandates 
Reform Act of 1995 
H. Review Under the Treasury and General 
Government Appropriations Act of 1999 
I. Review Under Executive Order 12630 J. Review Under the Treasury and General 
Government Appropriations Act of 2001 
K. Review Under Executive Order 13211 L. Information Quality 
VI. Public Participation 
A. Submission of Comments B. Issues on Which DOE Seeks Comments VII. Approval of the Office of the Secretary 
I. Statutory Authority 
EPCA1authorizes DOE to regulate the 
energy efficiency of a number of 
consumer products and certain industrial equipment. (42 U.S.C. 6291– 6317) Title III, Part B
2of EPCA 
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain consumer products, referred to generally as ‘‘covered products.’’
3In addition to 
specifying a list of consumer products that are covered products, EPCA contains provisions that enable the Secretary of Energy to classify additional types of consumer products as covered products. For a given consumer product to be classified as a covered product, the Secretary must determine that: 
(1) Classifying the product as a 
covered product is necessary or 
appropriate to carry out the purposes of EPCA; and 
(2) The average annual per- 
household
4energy use by products of 
such type is likely to exceed 100 kilowatt-hours (‘‘kWh’’) (or its British thermal unit (‘‘Btu’’) equivalent) per year. (42 U.S.C. 6292(b)(1)) 
When attempting to cover additional 
consumer product types, DOE must first determine whether these criteria from 42 U.S.C. 6292(b)(1) are met. Once a determination is made, the Secretary may prescribe test procedures to measure the energy efficiency or energy use of such product. (42 U.S.C. 
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5ANSI/AHAM AC–1–2020 available at AHAM 
website at www.aham.org/ 
itemdetail?iproductcode=30002&category=padstd. 6293(a)(1)(B)) Furthermore, once a 
product is determined to be a covered product, the Secretary may set standards for such product, subject to the provisions in 42 U.S.C. 6295(o) and (p), provided that DOE determines that four additional criteria at 42 U.S.C. 6295(l) have been met. Specifically, 42 U.S.C. 6295(l) requires the Secretary to 
determine that: 
(1) The average household energy use 
of the products has exceeded 150 kWh per household for a 12-month period; 
(2) The aggregate 12-month energy use 
of the products has exceeded 4200 gigawatt-hours; 
(3) Substantial improvement in energy 
efficiency of products of such type is technologically feasible; and 
(4) Application of a labeling rule 
under 42 U.S.C. 6294 is unlikely to be sufficient to induce manufacturers to produce, and consumers and other persons to purchase, covered products of such type (or class) that achieve the maximum energy efficiency that is technologically feasible and economically justified. (42 U.S.C. 6295(l)(1)) 
II. Current Rulemaking Process 
DOE has not previously conducted a 
rulemaking for air cleaners. If, after 
public comment, DOE issues a final determination of coverage for this product, DOE may prescribe both test procedures and energy conservation standards for this product. DOE will publish a final decision on coverage as a separate notice, an action that will be completed prior to the initiation of any test procedure or energy conservation standards rulemaking. 10 CFR part 430 subpart C appendix A section 5(c). If DOE determines that coverage is warranted, DOE will proceed with its typical rulemaking process for both test procedures and standards. Id. DOE is 
not proposing test procedures or energy conservation standards as part of this proposed determination. If DOE proceeds with a rulemaking to establish energy conservation standards, DOE would determine if air cleaners satisfy the provisions of 42 U.S.C. 6295(l)(1) during the course of that rulemaking. 
III. Scope of Coverage 
Air cleaners are products that remove, 
destroy, or deactivate particulate matter 
and other contaminants from the air to improve indoor air quality. A wide range of consumer air cleaner products are available on the market, including tabletop units, units sized for single rooms or multiple rooms, and whole- home units integrated into a central heating and cooling system. Air cleaners employ a wide variety of technologies to remove particulate matter and other contaminants from the air, and may also provide air circulation or humidification, and other forms of indoor air quality improvement. 
To help inform its proposed scope of 
coverage, DOE utilized existing classifications of air cleaners developed by the Association of Home Appliance Manufacturers (‘‘AHAM’’)—the industry trade group for air cleaners—and the U.S. Environmental Protection Agency’s (‘‘EPA’s’’) ENERGY STAR
®program, as 
well as additional market research conducted by DOE. The following paragraphs discuss DOE’s considerations from these sources and present the proposed definition that would provide the basis for coverage of air cleaners under EPCA. 
AHAM publishes a standard method 
of test, certified by American National Standards Institute (‘‘ANSI’’), for measuring the performance of portable household electric room air cleaners, titled ANSI/AHAM AC–1–2020 Portable Household Electric Room Air Cleaners (‘‘ANSI/AHAM AC–1–2020’’).
5AHAM 
describes this standard as establishing a uniform, repeatable procedure or standard method for measuring specified product characteristics of household portable air cleaners. The standard methods provide a means to compare and evaluate different brands and models of household portable air cleaners on the basis of characteristics significant to product use. Section 3.1 of ANSI/AHAM AC–1–2020 defines ‘‘Portable Household Electric Room Air Cleaner (‘Air Cleaner’)’’ as ‘‘[a]n electric appliance with the function of removing particulate matter from the air and which can be moved from room to room. Hereinafter referred to as ‘air cleaner’.’’ In addition, Sections 3.1.1 through 3.1.6 of ANSI/AHAM AC–1– 2020 define the following installation configurations of air cleaners: 
(1) Air Cleaner—Floor Type: Floor 
type air cleaners are designed to stand alone on the floor of a room and are designated as stand-alone floor models by the manufacturer. Appliances of this type are tested on the floor facing the test window as close to the center of the test chamber as possible. 
(2) Air Cleaner—Table Type: Table 
type air cleaners are designed to set on a table or counter by the manufacturer. Appliances of this type are tested on the table stand facing the test window at the center of the test chamber. 
(3) Air Cleaner—Wall Type: Wall type 
air cleaners are designed either to attach to a wall and are designated as wall mountable by the manufacturer or as a plug-in air cleaner. A wall type air cleaner must include appropriate wall mounting brackets or specifically designated instructions to mount the air cleaner integrally to the wall (i.e., not a 
shelf). Appliances of this type are tested on the wall mount stand facing the test window placed at the center of the test chamber. 
(4) Air Cleaner—Combination Type: 
Combination type air cleaners are designed to operate in one or more orientations/positions (floor, table, wall) as designed by the manufacturer. A combination type air cleaner may be tested at the center of the test chamber facing the test window on the floor, table, or wall mount stand, according to how it has been designated by the manufacturer. 
(5) Air Cleaner—Ceiling Type: Air 
cleaner appliances designed to be mounted on the ceiling are considered outside the scope of this method. Uniform testing practices and statistical examination of such appliances have not been conducted. 
(6) Air Cleaner—Plug-In Type: A fixed 
location air cleaner directly connected to an electric receptacle (outlet) by means of direct plug-in (no electric cord). Appliances of this type are tested at the lower level electrical receptacle of the plug-in type test stand facing the test window. 
In addition, Section 3.2 of ANSI/ 
AHAM AC–1–2020 defines the following specific design characteristics of portable household electric room air cleaners: 
(1) Fan with Filter: Air cleaners that 
operate with an electrical source of power and which contain a motor and fan for drawing air through a filter media. 
(2) Fan with Electrostatic Plates: Air 
cleaners that operate with a fan and incorporate electrically charged plates or wires to electrostatically collect particulate matter. Such devices may include filter(s). 
(3) Fan Filter with Ion Generator: Air 
cleaners that incorporate an ion generator in addition to a fan and filter. 
(4) Ion Generator: Air cleaners that 
incorporate an ion generator only. 
(5) Hybrid: An air cleaner employing 
a combination of the above definitions of fan with filter, electrostatic plate/ wire, and ion generator. 
(6) Other Types: A device that has the 
stated capability to reduce the concentration of particulate matter in a room. Such devices do not have to contain a fan and can incorporate any of the particle removal methods previously noted. 
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6See ENERGY STAR website for air purifiers 
(cleaners) at www.energystar.gov/products/air_
purifiers_ cleaners. 
7See Eligibility Criteria Version 2.0, Rev. April 
2021, available at www.energystar.gov/sites/default/ 
files/ENERGY%20STAR%20Version%202.0
%20Room%20Air%20Cleaners%20Specification _
Rev%20April%202021_ with%20Partner
%20Commitments.pdf. 8ENERGY STAR & Air Cleaners. January 14, 
2003. Andrew Fanara, EPA. Available online at: www.energystar.gov/sites/default/files/specs//private/AirCleanersatIHS-Presentation-Final.ppt. The ENERGY STAR program provides 
qualification criteria for room air 
cleaners (also referred to as air purifiers).
6On its web page, ENERGY 
STAR describes room air cleaners as portable, electric appliances that remove fine particles, such as dust and pollen, from indoor air. The current ENERGY STAR Product Specification
7defines 
‘‘room air cleaner’’ as ‘‘an electric 
appliance with the function of removing particulate matter from the air and which can be moved from room to room,’’ consistent with ANSI/AHAM AC–1–2020. 
The definitions in both ANSI/AHAM 
AC–1–2020 and the ENERGY STAR Product Specification include specific air cleaning and air purifying designs and technologies, but state that they cover only ‘‘portable’’ air cleaners that ‘‘can be moved from room to room.’’ DOE notes that while ANSI/AHAM AC– 1–2020 specifies coverage of portable air cleaners, it includes air cleaners that include appropriate wall mounting brackets or specifically designated instructions to mount the air cleaner integrally to the wall. In order to cover a more comprehensive range of the consumer market for air cleaning and purification, an expanded definition of a consumer air cleaner may be appropriate. DOE has therefore considered a modified definition that would include ‘‘non-portable’’ air cleaners, such as those that are mounted on walls and ceilings, or that provide whole-home air cleaning in conjunction with central heating or air conditioning systems. The proposed definition also includes technologies that clean the air by destroying or deactivating contaminants, including microbes as well as particulates, from the air (instead of only removing them). 
DOE is also proposing to exclude from 
coverage those consumer products which purify air solely by means of ultraviolet (‘‘UV’’) light without circulating air through the product by means of a fan. The energy-consuming component of such products would be a fluorescent lamp or light-emitting diode that emits light in the UV portion of the electromagnetic spectrum. Accordingly, DOE would classify these products as a type of lamp under EPCA (See the definition of ‘‘lamps primarily designed to produce radiation in the ultraviolet region of the spectrum’’ and 
‘‘light-emitting diode or LED’’ in 10 CFR 430.2), and therefore, is not considering coverage for these products as a consumer air cleaner. 
DOE additionally proposes to make 
clear that a product that meets the definition of a central air conditioners, room air conditioners, portable air conditioners, dehumidifiers, and 
furnaces as defined in 10 CFR 430.2 is not included in the proposed definition of air cleaner. Although these products may eliminate certain particulates from the air by means of filters or through collection and removal of condensate containing the particulates, DOE is proposing to exclude them. (See the definitions for ‘‘central air conditioner,’’ ‘‘room air conditioner,’’ ‘‘portable air conditioner,’’ ‘‘dehumidifier,’’ and ‘‘furnace’’ in 10 CFR 430.2.) 
For the purpose of this analysis, DOE 
evaluated air cleaners, which DOE defined as a consumer product that: 
(1) Is a self-contained, mechanically 
encased assembly; 
(2) Is powered by single-phase electric 
current; 
(3) Removes, destroys, or deactivates 
particulates and microorganisms from the air; 
(4) Excludes products that destroy or 
deactivate particulates and microorganisms solely by means of ultraviolet light without a fan for air circulation; and 
(5) Excludes central air conditioners, 
room air conditioners, portable air conditioners, dehumidifiers, and furnaces as defined in 10 CFR 430.2. 
DOE proposes to adopt this definition 
to inform stakeholders while DOE continues its analysis. The proposed definition considers the air cleaning and air purification function of the product that is described in ANSI/AHAM AC–1– 2020, the current ENERGY STAR Version 2.0 Product Specification for consumer room air cleaners, and the wide variety of air cleaning and air purifying consumer products currently on the market. 
As stated, EPCA authorizes DOE to 
classify a type of consumer product as a covered product upon making certain determinations. EPCA defines a ‘‘consumer product’’ as any article (other than an automobile) of a type— (A) which in operation consumes, or is designed to consume energy; and (B) which, to any significant extent, is distributed in commerce for personal use or consumption by individuals; without regard to whether such article of such type is in fact distributed in commerce for personal use or consumption by an individual. (42 U.S.C. 6291(a)(1)) As such, in considering the potential scope of 
coverage, DOE does not consider whether an individual product is distributed in commerce for residential or commercial use, but whether it is of a type of product distributed in commerce for residential use. 
DOE seeks feedback from interested 
parties on its proposed definition and scope of coverage of air cleaners. 
IV. Evaluation of Air Cleaners as a 
Covered Product Subject to Energy Conservation Standards 
The following sections describe DOE’s 
preliminary evaluation of whether air cleaners fulfill the criteria for being added as a covered product pursuant to 42 U.S.C. 6292(b)(1). As stated previously, DOE may classify a consumer product as a covered product if: 
(1) Classifying products of such type 
as covered products is necessary or appropriate to carry out the purposes of EPCA; and 
(2) The average annual per-household 
energy use by products of such type is likely to exceed 100 kWh (or its Btu equivalent) per year. 
A. Coverage Necessary or Appropriate 
To Carry Out Purposes of EPCA 
DOE has preliminarily determined 
that coverage of air cleaners is necessary or appropriate to carry out the purposes of EPCA, which include: 
(1) To conserve energy supplies 
through energy conservation programs, 
and, where necessary, the regulation of certain energy uses; and 
(2) To provide for improved energy 
efficiency of motor vehicles, major appliances, and certain other consumer products. (42 U.S.C. 6291(4)–(5)) 
Although air cleaners are not 
currently subject to energy conservation standards under EPCA, as discussed, the ENERGY STAR program has developed qualifying specifications for room air cleaners, starting with the Version 1.0 specification that became effective July 1, 2004. The current specification, Version 2.0 Rev. April 2021, became effective October 17, 2020. During the process of developing the Version 1.0 specification, EPA cited shipments data from AHAM showing 1.65 million units shipped in 2000, and estimated that shipments would grow to 2.02 million units in 2010 with an installed base of 15 million units.
8EPA reported that 
shipments of ENERGY STAR-qualified room air cleaners in 2019 were 2.224 million units, with an estimated market 
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9ENERGY STAR®Unit Shipment and Market 
Penetration Report: Calendar Year 2019 Summary. 
Available online at: www.energystar.gov/sites/default/files/asset/document/2019%20Unit%20Shipment%20Data%20Summary%20Report.pdf. 
10ENERGY STAR Certified Room Air Cleaners 
Database. Accessed June 24, 2021. Available online at www.energystar.gov/productfinder/product/
certified-room-air-cleaners/. 11Air Purifiers (Cleaners). Accessed June 28, 
2021. Available online at: www.energystar.gov/ products/air_ purifiers_ cleaners. penetration of 43 percent, indicating 
overall shipments of air cleaners were 5.17 million units.
9Based on EPA’s 
definition of room air cleaner, these shipments and installed base estimates comprise only portable configurations of air cleaners. Nevertheless, the ratings contained in the ENERGY STAR database of certified room air cleaners
10 
demonstrate significant variation in the total energy consumption among different models currently available, suggesting that technologies exist to reduce the energy consumption of air cleaners. 
DOE requests data and information 
regarding current annual shipments of air cleaners and the installed base of air cleaners, specifying the scope of products included in any such estimates (e.g., portable, non-portable (wall- 
mounted, ceiling-mounted, whole- home), etc.) 
DOE requests comment on the 
availability or lack of availability of technologies for improving energy efficiency of air cleaners. 
B. Average Household Energy Use 
DOE estimated the average household 
energy use for air cleaners, in 
households that use the product, using power consumption data reported in the ENERGY STAR product database. The ENERGY STAR database is the only publicly available source, of which DOE is aware, that provides energy consumption data for air cleaners. For each model, the database lists the annual energy use in kilowatt-hours per year (‘‘kWh/yr’’), along with other 
relevant performance metrics, as measured according to ANSI/AHAM AC–1–2020. The reported annual energy consumption ranges from 123 kWh/year to 770 kWh/year, with an average annual energy consumption of 299 kWh/year among all models in the ENERGY STAR database. The energy consumption of non-ENERGY STAR- qualified models, comprising 57 percent of shipments in 2019 as discussed in section IV.A of this document, is likely to be higher. The ENERGY STAR program estimates that the standard (i.e., non-ENERGY STAR qualified) 
consumer air cleaner operating continuously uses around 550 kWh/ 
year.
11 
Although the ENERGY STAR program 
covers only portable configurations of air cleaners, the similarity in fundamental design and operation (i.e., a fan or other means for air circulation and a means for of removing, destroying, or deactivating particulates and microorganisms from the air) of non-portable products (e.g., wall- 
mounted, ceiling-mounted, whole-home units) suggests that non-portable air cleaners are likely to have similar or higher energy consumption as compared to portable air cleaners. 
Based on this analysis, DOE 
tentatively determines that the average annual per-household energy use for air cleaners is very likely to exceed 100 kWh/year, satisfying the provisions of 42 U.S.C. 6292(b)(1). 
DOE requests data and information 
regarding annual energy use estimates for air cleaners, particularly for products not covered by the ENERGY STAR program, such as non-portable products (wall-mounted, ceiling-mounted, and whole-home units). 
C. Preliminary Determination 
Based on the foregoing, DOE has 
tentatively determined that classifying 
air cleaners, as proposed to be defined in this document, is necessary and appropriate to carry out the purposes of EPCA; and the average annual per- household energy use by air cleaners is likely to exceed 100 kWh (or its Btu equivalent) per year. As such, DOE has preliminarily determined to classify air cleaners as a covered product under Part A of Title III of EPCA, as amended. 
DOE requests comment on whether 
classifying air cleaners as a covered product is necessary or appropriate to carry out the purposes of EPCA. 
V. Procedural Issues and Regulatory 
Review 
A. Review Under Executive Order 12866 
This proposed determination has been 
determined to be not significant for 
purposes of Executive Order (‘‘E.O.’’) 12866, ‘‘Regulatory Planning and Review,’’ 58 FR 51735 (Oct. 4, 1993). As a result, the Office of Management and Budget (‘‘OMB’’) did not review this proposed determination. 
B. Review Under the Regulatory 
Flexibility Act 
The Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) requires preparation of an initial regulatory flexibility analysis (‘‘IRFA’’) for any rule that by 
law must be proposed for public comment, unless the agency certifies that the proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. As required by E.O. 13272, ‘‘Proper Consideration of Small Entities in Agency Rulemaking’’ 67 FR 53461 (Aug. 16, 2002), DOE published procedures and policies on February 19, 2003 to ensure that the potential impact of its rules on small entities are properly considered during the DOE rulemaking process. 68 FR 7990. DOE has made its procedures and policies available on the Office of the General Counsel’s website (www.energy.gov/gc/office-assistant- general-counsel-legislation-regulation- and-energy-efficiency). 
This proposed determination would 
not establish test procedures or energy conservation standards for air cleaners. If adopted, the proposed determination would only positively determine that future standards may be warranted and should be explored in an energy conservation standards and test procedure rulemaking. Economic impacts on small entities would be considered in the context of such rulemakings. Therefore, DOE initially concludes that the impacts of the proposed determination would not have a ‘‘significant economic impact on a substantial number of small entities,’’ and that the preparation of an IRFA is not warranted. DOE will transmit the certification and supporting statement of factual basis to the Chief Counsel for Advocacy of the Small Business Administration for review under 5 U.S.C. 605(b). 
C. Review Under the Paperwork 
Reduction Act 
Manufacturers of covered products 
must certify to DOE that their products comply with any applicable energy conservation standards. To certify compliance, manufacturers must first obtain test data for their products according to the DOE test procedures, including any amendments adopted for those test procedures. DOE has established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial equipment. (See generally 10 CFR part 429.) The collection-of-information requirement for the certification and recordkeeping is subject to review and approval by OMB under the Paperwork Reduction Act (‘‘PRA’’). This requirement has been approved by OMB under OMB control number 1910–1400. Public reporting burden for the certification is estimated to average 35 hours per response, 
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including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. 
Notwithstanding any other provision 
of the law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA, unless that collection of information displays a currently valid OMB Control Number. As noted previously, this proposed determination, if made final, would not establish any testing requirements or energy conservation standards for air cleaners. 
D. Review Under the National 
Environmental Policy Act of 1969 
DOE is analyzing this proposed 
regulation in accordance with the National Environmental Policy Act (‘‘NEPA’’) and DOE’s NEPA implementing regulations (10 CFR part 1021). DOE’s regulations include a categorical exclusion for rulemakings that are strictly procedural. 10 CFR part 1021, subpart D, appendix A6. DOE anticipates that this rulemaking qualifies for categorical exclusion A6 because it is a strictly procedural rulemaking and otherwise meets the requirements for application of a categorical exclusion. See 10 CFR 1021.410. DOE will complete its NEPA 
review before issuing the final rule. 
E. Review Under Executive Order 13132 
E.O. 13132, ‘‘Federalism’’ 64 FR 
43255 (Aug. 10, 1999), imposes certain 
requirements on federal agencies formulating and implementing policies or regulations that preempt state law or that have Federalism implications. The Executive order requires agencies to examine the constitutional and statutory authority supporting any action that would limit the policymaking discretion of the States and to carefully assess the necessity for such actions. The Executive order also requires agencies to have an accountable process to ensure meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications. On March 14, 2000, DOE published a statement of policy describing the intergovernmental consultation process that it will follow in the development of such regulations. 65 FR 13735. DOE has examined this proposed determination and had tentatively determined that it would not have a substantial direct effects on the States, on the relationship between the Federal government and the States, or on the distribution of power and responsibilities among the various 
levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the products that are the subject of this proposed determination. States can petition DOE for exemption from such preemption to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) Therefore, no further action is required by E.O. 13132. 
F. Review Under Executive Order 12988 
With respect to the review of existing 
regulations and the promulgation of 
new regulations, section 3(a) of E.O. 12988, ‘‘Civil Justice Reform,’’ imposes on federal agencies the general duty to adhere to the following requirements: (1) Eliminate drafting errors and ambiguity, (2) write regulations to minimize litigation, (3) provide a clear legal standard for affected conduct rather than a general standard, and (4) promote simplification and burden reduction. 61 FR 4729 (Feb. 7, 1996). Regarding the review required by section 3(a), section 3(b) of E.O. 12988 specifically requires that Executive agencies make every reasonable effort to ensure that the regulation: (1) Clearly specifies the preemptive effect, if any, to be given to the law (2) clearly specifies any effect on existing Federal law or regulation, (3) provides a clear legal standard for affected conduct, (4) specifies the retroactive effect, if any, to be given to the law, (5) defines key terms, either explicitly or by reference to other statues that explicitly define those terms, and (6) addresses other important issues affecting clarity and general draftsmanship of legislation under any guidelines issued by the 
Attorney General. Section 3(c) of E.O. 12988 requires Executive agencies to review regulations in light of applicable standards in sections 3(a) and 3(b) to determine whether they are met or it is unreasonable to meet one or more of those standards. DOE completed the required review and determined that, to the extent permitted by law, this proposed determination meets the relevant standards of E.O. 12988. 
G. Review Under the Unfunded 
Mandates Reform Act of 1995 
Title II of the Unfunded Mandates 
Reform Act of 1995 (‘‘UMRA’’) requires each Federal agency to assess the effects of Federal regulatory actions on State, local, and Tribal governments and the private sector. Public Law 104–4, sec. 201 (codified at 2 U.S.C. 1531). For a proposed regulatory action likely to result in a rule that may cause the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more 
in any one year (adjusted annually for inflation), section 202 of UMRA requires a Federal agency to publish a written statement that estimates the resulting costs, benefits, and other effects on the national economy. (2 U.S.C. 1532(a), (b)) The UMRA requires a Federal agency to develop an effective process to permit timely input by elected officers of State, local, and Tribal governments on a proposed ‘‘significant intergovernmental mandate,’’ and requires an agency plan 
for giving notice and opportunity for timely input to potentially affected small governments before establishing any requirement that might significantly or uniquely affect them. On March 18, 1997, DOE published a statement of policy on its process for intergovernmental consultation under UMRA. 62 FR 12820. DOE’s policy statement is also available at www.energy.gov/sites/prod/files/gcprod/documents/umra _97.pdf. 
DOE examined this proposed 
determination according to UMRA and its statement of policy and determined that the proposed determination does not contain a Federal intergovernmental mandate, nor is it expected to require expenditures of $100 million or more in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector. As a result, the analytical requirements of UMRA do not apply. 
H. Review Under the Treasury and 
General Government Appropriations Act of 1999 
Section 654 of the Treasury and 
General Government Appropriations Act of 1999 (Pub. L. 105–277) requires Federal agencies to issue a Family Policymaking Assessment for any rule that may affect family well-being. This proposed determination would not have any impact on the autonomy or integrity of the family as an institution. Accordingly, DOE has concluded that it is not necessary to prepare a Family Policymaking Assessment. 
I. Review Under Executive Order 12630 
Pursuant to E.O. 12630, 
‘‘Governmental Actions and Interference 
with Constitutionally Protected Property Rights’’ 53 FR 8859 (Mar. 15, 1988), DOE has determined that this proposed determination would not result in any takings that might require compensation under the Fifth Amendment to the U.S. Constitution. 
J. Review Under the Treasury and 
General Government Appropriations Act of 2001 
Section 515 of the Treasury and 
General Government Appropriation Act, 
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2001 (44 U.S.C. 3516, note) provides for 
Federal agencies to review most disseminations of information to the public under information quality guidelines established by each agency pursuant to general guidelines issued by OMB. OMB’s guidelines were published at 67 FR 8452 (Feb. 22, 2002), and DOE’s guidelines were published at 67 FR 62446 (Oct. 7, 2002). Pursuant to OMB Memorandum M–19–15, Improving Implementation of the Information Quality Act (April 24, 2019), DOE published updated guidelines which are available at www.energy.gov/sites/prod/files/2019/ 12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has reviewed this 
NOPD under the OMB and DOE guidelines and has concluded that it is consistent with applicable policies in those guidelines. 
K. Review Under Executive Order 13211 
E.O. 13211, ‘‘Actions Concerning 
Regulations That Significantly Affect 
Energy Supply, Distribution, or Use,’’ 66 FR 28355 (May 22, 2001), requires Federal agencies to prepare and submit to the Office of Information and Regulatory Affairs (‘‘OIRA’’) at OMB a Statement of Energy Effects for any proposed significant energy action. A ‘‘significant energy action’’ is defined as any action by an agency that 
promulgates or is expected to lead to promulgation of a final rule, and that (1) is a significant regulatory action under E.O. 12866, or any successor Executive order; and (2) is likely to have a significant adverse effect on the supply, distribution, or use of energy; or (3) is designated by the Administrator of OIRA as a significant energy action. For any proposed significant energy action, the agency must give a detailed statement of any adverse effects on energy supply, distribution, or use should the proposal be implemented, and of reasonable alternatives to the action and their expected benefits on energy supply, distribution, and use. 
This proposed regulatory action to 
classify air cleaners as covered products is not a significant regulatory action under Executive Order 12866. Moreover, it would not have a significant adverse effect on the supply, distribution, or use of energy, nor has it been designated as such by the Administrator of OIRA. Accordingly, DOE has not prepared a Statement of Energy Effects. 
L. Information Quality 
On December 16, 2004, OMB, in 
consultation with the Office of Science 
and Technology Policy (‘‘OSTP’’), issued its Final Information Quality Bulletin for Peer Review (‘‘the Bulletin’’). 70 FR 2664 (Jan. 14, 2005). The Bulletin establishes that certain scientific information shall be peer reviewed by qualified specialists before it is disseminated by the Federal Government, including influential scientific information related to agency regulatory actions. The purpose of the Bulletin is to enhance the quality and credibility of the Government’s scientific information. DOE has determined that the analyses conducted for this rulemaking do not constitute ‘‘influential scientific information,’’ which the Bulletin defines as ‘‘scientific information the agency reasonably can determine will have or does have a clear and substantial impact on important public policies or private sector decisions.’’ 70 FR 2667 (Jan. 14, 2005). The analyses were subject to pre- dissemination review prior to issuance of this rulemaking. 
VI. Public Participation A. Submission of Comments 
DOE will accept comments, data, and 
information regarding this notification 
of proposed determination no later than the date provided at the 
DATES section 
at the beginning of this document. Interested parties may submit comments, data, and other information using any of the methods described in the 
ADDRESSES section at the beginning 
of this document. 
Submitting comments via 
www.regulations.gov. The 
www.regulations.gov web page will 
require you to provide your name and contact information. Your contact information will be viewable to DOE Building Technologies staff only. Your contact information will not be publicly viewable except for your first and last names, organization name (if any), and submitter representative name (if any). If your comment is not processed properly because of technical difficulties, DOE will use this information to contact you. If DOE cannot read your comment due to technical difficulties and cannot contact you for clarification, DOE may not be able to consider your comment. 
However, your contact information 
will be publicly viewable if you include it in the comment or in any documents attached to your comment. Any information that you do not want to be publicly viewable should not be included in your comment, nor in any document attached to your comment. Otherwise, persons viewing comments will see only first and last names, organization names, correspondence containing comments, and any 
documents submitted with the comments. 
Do not submit information to 
www.regulations.gov for which 
disclosure is restricted by statute, such as trade secrets and commercial or financial information (hereinafter referred to as Confidential Business Information (‘‘CBI’’)). Comments submitted through www.regulations.gov cannot be claimed as CBI. Anyone submitting comments through the website will waive any CBI claims for the information submitted. For information on submitting CBI, see the Confidential Business Information section. 
DOE processes submissions made 
through www.regulations.gov before 
posting. Normally, comments will be posted within a few days of being submitted. However, if large volumes of comments are being processed simultaneously, your comment may not be viewable for up to several weeks. Please keep the comment tracking number that www.regulations.gov provides after you have successfully uploaded your comment. 
Submitting comments via email. 
Comments and documents submitted via email also will be posted to www.regulations.gov. If you do not want 
your personal contact information to be publicly viewable, do not include it in 
your comment or any accompanying documents. Instead, provide your contact information on a cover letter. Include your first and last names, email address, telephone number, and optional mailing address. With this instruction followed, the cover letter will not be publicly viewable as long as it does not include any comments. 
Include contact information each time 
you submit comments, data, documents, and other information to DOE. Facsimile submissions will not be accepted. 
Comments, data, and other 
information submitted to DOE electronically should be provided in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format. Provide documents that are not secured, that are written in English, and that are free of any defects or viruses. Documents should not contain special characters or any form of encryption and, if possible, they should carry the electronic signature of the author. 
Campaign form letters. Please submit 
campaign form letters by the originating organization in batches of between 50 to 500 form letters per PDF or as one form letter with a list of supporters’ names compiled into one or more PDFs. This reduces comment processing and posting time. 
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Confidential Business Information. 
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 via email two well-marked copies: One copy of the document marked ‘‘confidential’’ including all the information believed to be confidential, and one copy of the document marked ‘‘non-confidential’’ with the information believed to be confidential deleted. DOE will make its own determination about the confidential status of the information and treat it according to its determination. 
It is DOE policy that all comments 
may be included in the public docket, without change and as received, including any personal information provided in the comments (except information deemed to be exempt from public disclosure). 
B. Issues on Which DOE Seeks 
Comments 
DOE welcomes comments on all 
aspects of this proposed determination. DOE is particularly interested in receiving comments and views of interested parties concerning the following issues: 
•Proposed definition and scope of 
coverage of air cleaners; 
•Data and information regarding 
current annual shipments of air cleaners and the installed base of air cleaners, specifying the scope of products included in any such estimates (e.g., portable, non-portable (wall-mounted, ceiling-mounted, whole-home), etc.); 
•Availability or lack of availability of 
technologies for improving energy efficiency of air cleaners. 
•Data and information regarding 
annual energy use estimates for air cleaners, particularly for products not covered by the ENERGY STAR program, such as non-portable products (wall- mounted, ceiling-mounted, and whole- home units); and 
•Whether classifying air cleaners as 
a covered product is necessary or appropriate to carry out the purposes of EPCA. 
DOE is interested in receiving views 
concerning other relevant issues that participants believe would affect its ability to establish test procedures and energy conservation standards for air cleaners. 
After the expiration of the period for 
submitting written statements, DOE will consider all comments and additional information that is obtained from interested parties or through further analyses, and it will prepare a final determination. VII. Approval of the Office of the Secretary 
The Secretary of Energy has approved 
publication of this notification of proposed determination. 
Signing Authority 
This document of the Department of 
Energy was signed on September 10, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary and Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. 
Signed in Washington, DC, on September 
10, 2021 
Treena V. Garrett, Federal Register Liaison Officer, U.S. 
Department of Energy. 
[FR Doc. 2021–19950 Filed 9–15–21; 8:45 am] 
BILLING CODE 6450–01–P 
DEPARTMENT OF TRANSPORTATION 
Federal Aviation Administration 
14 CFR Part 39 
[Docket No. FAA–2020–1006; Project 
Identifier 2019–CE–047–AD] 
RIN 2120–AA64 
Airworthiness Directives; Piper 
Aircraft, Inc. Airplanes 
AGENCY : Federal Aviation 
Administration (FAA), DOT. 
ACTION : Notice of proposed rulemaking 
(NPRM). 
SUMMARY : The FAA proposes to 
supersede Airworthiness Directive (AD) 78–02–03, which applies to all Piper Aircraft, Inc. (Piper), Model PA–23–250 airplanes. AD 78–02–03 requires repetitively inspecting the stabilator tip tube and weight assemblies for cracks, inspecting for missing rivets and screws, replacing the forward rib/horn assemblies, and reinforcing the mounting. Since AD 78–02–03 was issued, Piper developed a newly- designed stabilator, which is not subject to the unsafe condition, and revised its service information. This proposed AD would retain the actions of AD 78–02– 03, but would reduce the applicability and require the actions in the revised service information. The FAA is proposing this AD to address the unsafe condition on these products. 
DATES : The FAA must receive comments 
on this proposed AD by November 1, 2021. 
ADDRESSES : You may send comments, 
using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: 
•Federal eRulemaking Portal: Go to 
https://www.regulations.gov. Follow the 
instructions for submitting comments. 
•Fax: (202) 493–2251. 
•Mail: U.S. Department of 
Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. 
•Hand Delivery: Deliver to Mail 
address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. 
For service information identified in 
this NPRM, contact Piper Aircraft, Inc., 2926 Piper Drive, Vero Beach, FL 32960; phone: (772) 299–2141; website: https:// 
www.piper.com/. You may view this 
service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 901 Locust, Kansas City, MO 64106. For information on the availability of this material at the FAA, call (816) 329–4148. 
Examining the AD Docket 
You may examine the AD docket at 
https://www.regulations.gov by 
searching for and locating Docket No. 
FAA–2020–1006; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, any comments received, and other information. The street address for Docket Operations is listed above. 
FOR FURTHER INFORMATION CONTACT : John 
Marshall, Aviation Safety Engineer, Atlanta ACO Branch, FAA, 1701 Columbia Avenue, College Park, GA 30337; phone: (404) 474–5524; fax: (404) 474–5605; email: john.r.marshall@faa.gov. 
SUPPLEMENTARY INFORMATION : 
Comments Invited 
The FAA invites you to send any 
written relevant data, views, or arguments about this proposal. Send your comments to an address listed under 
ADDRESSES . Include ‘‘Docket 
Number FAA–2020–1006; Project 
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