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.

Proposed Rules Federal Register

21813 

Vol. 76, No. 75 

Tuesday, April 19, 2011 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

[Docket Number: EERE–2010–BT–CE–0014] 

RIN 1904–AC23 

Energy Conservation Program: 

Certification, Compliance, and 

Enforcement for Consumer Products 

and Commercial and Industrial 

Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) 

proposes to amend the compliance dates 

for revisions to its certification, 

compliance, and enforcement 

regulations for certain commercial and 

industrial equipment covered under the 

Energy Policy and Conservation Act of 

1975, as amended (EPCA or the ‘‘Act’’). 

Specifically, DOE is tentatively 

proposing an 18-month extension to the 

compliance date for the certification 

provisions for commercial refrigeration 

equipment; commercial heating, 

ventilating, air-conditioning (HVAC) 

equipment; commercial water heating 

equipment; walk-in coolers; walk-in 

freezers; and automatic commercial ice 

makers. DOE is also considering 

extending the compliance date for the 

certification provisions for other 

commercial equipment based on 

comments. 

DATES: DOE will accept comments, data, 

and information regarding the notice of 

proposed rulemaking (NOPR) 

postmarked no later than May 19, 2011. 

ADDRESSES: Any comments submitted 

must reference the Energy Conservation 

Program: Certification, Compliance, and 

Enforcement for Consumer Products and 

Commercial and Industrial Equipment, 

and provide docket number EERE– 

2010–BT–CE–0014 and/or RIN 

number1904–AC23. Comments may be 

submitted using any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: CCE-2010-BT-CE0014@ee.doe.gov. Include docket 

number EERE–2010–BT–CE–0014 and/ 

or RIN 1904–AC23 in the subject line of 

the message. Submit electronic 

comments in WordPerfect, Microsoft 

Word, PDF, or ASCII file format and 

avoid the use of special characters or 

any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza, SW., 6th Floor, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Docket: For access to the docket to 

read background documents or 

comments received, visit the U.S. 

Department of Energy, Resource Room 

of the Building Technologies Program, 

950 L’Enfant Plaza, SW., 6th Floor, 

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

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

through Friday, except Federal holidays. 

Please call Ms. Brenda Edwards at the 

above telephone number for additional 

information regarding visiting the 

Resource Room. Please note: DOE’s 

Freedom of Information Reading Room 

(Room 1E–190 at the Forrestal Building) 

no longer houses rulemaking materials. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–6590. E-mail: 

Ashley.Armstrong@ee.doe.gov; and Ms. 

Laura Barhydt, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–32, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Telephone: 

(202) 287–5772. E-mail: 

Laura.Barhydt@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On March 

7, 2011, DOE published a final rule in 

the Federal Register that, among other 

things, modified the requirements 

regarding manufacturer submission of 

compliance statements and certification 

reports to DOE (March 2011 Final Rule). 

76 FR 12421. The March 2011 Final 

Rule will provide DOE more 

comprehensive information about the 

energy and water use characteristics of 

products sold in the United States. 

Furthermore, the certification 

provisions are central to the 

Department’s regulatory framework for 

ensuring that covered products and 

equipment sold in the Unites States 

comply with existing federal energy 

conservation standards and associated 

regulations. 

The March 2011 Final Rule was 

largely procedural in nature; it did not 

amend pre-existing sampling 

provisions, test procedures, or 

conservation standard levels for any 

EPCA products or equipment. It did, 

however, impose new reporting 

requirements, including a requirement 

that manufacturers submit annual 

reports to the Department certifying 

compliance of their basic models with 

applicable standards. It also revised the 

types of information manufacturers 

must provide in that submission. 

Finally, the Department emphasized 

that manufacturers could use their 

discretion in grouping individual 

models as a certified ‘‘basic model’’ such 

that the certified rating for the basic 

model matched the represented rating 

for all included models. See 76 FR 

12428–12429 for more information. This 

reflected a basic requirement of the 

Department’s longstanding selfcertification compliance regime—that 

efficiency certifications and 

representations must be supported by 

either testing or an approved alternative 

method of estimating efficiency. 

The March 2011 Final Rule provides 

for the revised certification provisions 

to be effective on July 5, 2011. Since the 

publication of the Final Rule, certain 

manufacturers of particular types of 

commercial and industrial equipment 

have stated that they would be unable 

to meet that deadline. In particular, 

manufacturers of commercial 

refrigeration equipment; commercial 

heating, ventilating, air-conditioning 

(HVAC) equipment; commercial water 

heating equipment; walk-in coolers; 

walk-in freezers; and automatic 

commercial ice makers (as defined in 10 

CFR part 431) contend that certifying 

supported basic model ratings under the 

revised provisions would require a costVerDate Mar<15>2010 13:54 Apr 18, 2011 Jkt 223001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\19APP1.SGM 19APP1

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21814 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules 

prohibitive amount of additional testing 

and take far longer than the time 

allowed. 

The Department did not intend to 

change, let alone increase, testing 

burdens through the certification 

reporting provisions of the March 2011 

Final Rule. However, the new 

information provided suggests that, for 

certain commercial manufacturers, the 

interplay between the reporting 

requirements, current industry 

practices, and preexisting regulations 

may mean that such manufacturers may 

need additional time to comply with the 

regulations. In particular, the 

Department has become aware of 

concerns related to its revised 

regulations for alternative efficiency 

determination methods (AEDMs), which 

are intended to reduce testing burdens 

by allowing manufacturers to use 

computer simulations, mathematical 

models, and other alternative methods 

to determine the amount of energy used 

by a particular basic model. For 

example, some commercial 

manufacturers have suggested that the 

AEDM provisions are too restrictive, 

overly burdensome, and unavailable for 

some products that would benefit from 

them and, as a result, do not permit the 

viable alternative to testing intended by 

the Department. 

Responding in part to these concerns, 

on April 8, 2011, the Department issued 

a request for information (RFI) (available 

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

buildings/appliance_standards/pdfs/ 

arm_aedms_rfi.pdf) seeking comment 

on, among other things, the use of such 

alternative methods for determining the 

efficiency of commercial and industrial 

equipment. As the RFI explained, the 

Department intends to use this 

information to propose revisions to 

improve the existing AEDM provisions 

in a future rulemaking. For commercial 

manufacturers, the Department 

understands that addressing some of the 

concerns with the AEDM provisions 

may alleviate some of the burden 

reported by these manufacturers of 

complying with DOE’s existing 

regulations and the March 2011 Final 

Rule certification reporting provisions. 

Given the testing burdens reported by 

certain commercial manufacturers and 

the Department’s recent RFI on 

alternative ways to estimate efficiency 

in lieu of testing, DOE tentatively 

proposes an 18-month delay in the 

compliance date for filing complete 

certification reports for manufacturers of 

commercial refrigeration equipment; 

commercial heating, ventilating, HVAC 

equipment; commercial water heating 

equipment; walk-in coolers; walk-in 

freezers; and automatic commercial ice 

makers. 

The Department seeks comment on 

this proposed delay for these specified 

manufacturers. We also seek comment 

on whether a longer or shorter period of 

time would be more appropriate. In 

addition, the Department seeks 

comment on whether manufacturers of 

other types of commercial or industrial 

equipment face similar circumstances 

with respect to unintended testing 

burdens or AEDM concerns that would 

require additional time to comply with 

the certification reporting requirements 

in the March 2011 Final Rule. 

The Department seeks comment on 

what, if any, limited reporting 

requirement should be required of 

manufacturers of these types of 

commercial equipment during the 

interim period. For example, DOE seeks 

comment on whether it should require 

these manufacturers to register with the 

Department’s electronic CCMS system 

in the meantime. 

Further Information on Submitting 

Comments 

Under 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 about 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) when 

such information might lose its 

confidential character due to the 

passage of time, and (7) why disclosure 

of the information would be contrary to 

the public interest. 

I. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

This proposed rule has been 

determined not to be a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

this action was not subject to review 

under the Executive Order by the Office 

of Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

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 (IFRA) for any rule that by law 

must be proposed for public comment, 

unless the agency certifies that the rule, 

if promulgated, will not have a 

significant economic impact on a 

substantial number of small entities. As 

required by Executive Order 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking,’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003, to ensure that the potential 

impacts 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 Web site: http:// 

www.gc.doe.gov. 

DOE reviewed this proposed rule 

under the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. This proposed rule would merely 

extend the compliance date of a 

rulemaking already promulgated. To the 

extent such action has any economic 

impact it would be positive in that it 

would allow regulated parties 

additional time to come into 

compliance. DOE did undertake a full 

regulatory flexibility analysis of the 

original CCE rulemaking. That analysis 

considered the impacts of that 

rulemaking on small entities. As a 

result, DOE certifies that, if adopted, 

this proposed rule would not have a 

significant economic impact on a 

substantial number of small entities. 

C. Review Under the National 

Environmental Policy Act 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 

regulations at 10 CFR part 1021. 

Specifically, this rule amends an 

existing rule without changing its 

environmental effect and, therefore, is 

covered by the Categorical Exclusion in 

10 CFR part 1021, subpart D, paragraph 

A5. Accordingly, neither an 

environmental assessment nor an 


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Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules 21815 

environmental impact statement is 

required. 

II. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s NOPR. 

List of Subjects in 10 CFR Part 429 

Confidential business information, 

Energy conservation, Household 

appliances, Imports, Reporting and 

recordkeeping requirements. 

Issued in Washington, DC, on April 12, 

2011. 

Kathleen Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

For the reasons stated in the 

preamble, DOE is proposing to amend 

part 429 of title 10 of the Code of 

Federal Regulations, as set forth below: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

2. Add in § 429.12 a new paragraph (i) 

to read as follows: 

§ 429.12 General requirements applicable 

to certification reports. 

* * * * * 

(i) Certain commercial equipment. 

Manufacturers of commercial 

refrigeration equipment; commercial 

heating, ventilating, air-conditioning 

(HVAC) equipment; commercial water 

heating equipment; walk-in coolers; 

walk-in freezers; and automatic 

commercial ice makers are not required 

to comply with paragraphs (a) through 

(f) of this section until [date 18 months 

following publication of final rule]. 

[FR Doc. 2011–9473 Filed 4–18–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2008–0415; Directorate 

Identifier 2007–NM–256–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 737 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain Model 737 airplanes. The 

original NPRM would have required 

repetitive inspections, lubrications, and 

repetitive repairs/overhauls of the ball 

nut and ballscrew and attachment 

(Gimbal) fittings for the trim actuator of 

the horizontal stabilizer; various 

installation(s); and corrective actions if 

necessary; as applicable. The original 

NPRM resulted from a report of 

extensive corrosion of a ballscrew used 

in the drive mechanism of the 

horizontal stabilizer trim actuator 

(HSTA). This action revises the original 

NPRM by adding airplanes to the 

applicability. We are proposing this 

supplemental NPRM to prevent an 

undetected failure of the primary load 

path for the ballscrew in the drive 

mechanism of the HSTA and 

subsequent wear and failure of the 

secondary load path, which could lead 

to loss of control of the horizontal 

stabilizer and consequent loss of control 

of the airplane. 

DATES: We must receive comments on 

this supplemental NPRM by May 16, 

2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1, fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Kelly McGuckin, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, FAA, Seattle Aircraft Certification 

Office, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone 

(425) 917–6490; fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2008–0415; Directorate Identifier 

2007–NM–256–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) (the ‘‘original 

NPRM’’) to amend 14 CFR part 39 to 

include an airworthiness directive (AD) 

that would apply to certain Boeing 

Model 737 airplanes. That original 

NPRM was published in the Federal 

Register on April 28, 2008 (73 FR 

22840). That original NPRM proposed to 

require repetitive inspections, 

lubrications, and repetitive repairs/ 

overhauls of the ball nut and ballscrew 

and attachment (Gimbal) fittings for the 

trim actuator of the horizontal stabilizer; 

various installation(s); and corrective 

actions if necessary; as applicable. 

That original NPRM resulted from a 

report of extensive corrosion of a 

ballscrew used in the drive mechanism 


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