76328 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules 

adams.html. From this page, the public 

can gain entry into ADAMS, which 

provides text and image files of the 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

problems in accessing the documents 

located in ADAMS, contact the NRC’s 

PDR reference staff at 1–(800) 397–4209, 

(301) 415–4737, or by email to 

pdr.resource@nrc.gov. The ADAMS 

accession number for the incoming 

petition for rulemaking is 

ML112700682. • Federal Rulemaking Web Site: 

Public comments and supporting 

materials related to this petition for 

rulemaking can be found at http:// 

www.regulations.gov by searching on 

Docket ID NRC–2011–0251. 

II. Petitioner 

Mr. George Hamawy works at 

Columbia University in New York City, 

Radiation Safety for Research. Mr. 

Hamawy is concerned about the security 

of neutron sources. 

III. Petition 

The petitioner states that the 

construction of sources used at colleges 

and universities for irradiating foils 

makes the sources an easy target for 

theft. The petitioner states: 

The source is located at the end of a rod 

in the middle of a 55-gallon drum. The 

source is surrounded inside the drum by a 

plastic or wax shielding. The samples are 

lowered in holes next to the source for 

irradiation. The drum has a cover that can be 

easily removed and the source is taken out 

to be placed in a smaller drum for get away. 

The petitioner explains that GTRI (the 

U.S. Department of Energy’s Global 

Threat Reduction Initiative came) to the 

Columbia University facility and 

‘‘placed wires around the drum and was 

attached to the wall.’’ The petitioner 

claims that ‘‘if someone wants to take 

the source they do not have to disturb 

the wire just remove the cover [of the 

drum] and take the source.’’ 

The petitioner states that there is no 

current requirement to install radiation 

alarms in rooms containing neutron 

sources. The petitioner requests that the 

NRC require installation of radiation 

alarms that are connected to the Public 

Safety Department that can be triggered 

when a source is removed. The 

petitioner believes installation of the 

radiation alarms will be effective in 

preventing source removal. The 

petitioner is especially concerned with 

hostage situations where the intruder 

gains entry to the room housing the 

sources. 

IV. Conclusion 

The NRC is soliciting comments on 

the petition for rulemaking requesting 

that the NRC require installation of 

radiation alarms for rooms housing 

neutron sources. 

Dated at Rockville, Maryland, this 1st day 

of December 2011. 

For the Nuclear Regulatory Commission. 

Annette Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. 2011–31367 Filed 12–6–11; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 430 

[Docket Number EERE–2011–BT–CE–0077] 

RIN 1904–AC68 

Energy Conservation Program: 

Enforcement of Regional Standards for 

Residential Furnaces and Central Air 

Conditioners and Heat Pumps 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Data Availability 

(NODA). 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) has 

developed three separate possible 

approaches to enforcement of regional 

standards for residential furnaces and 

residential central air conditioners and 

heat pumps set forth by direct final rule 

published in the Federal Register on 

June 27, 2011. The Department is 

considering these three approaches, or a 

combination of elements in these 

approaches, as a framework for 

developing an enforcement plan for 

regional standards. DOE seeks comment 

on the approaches to inform the 

rulemaking for enforcement of regional 

energy efficiency standards for 

residential furnaces and residential 

central air conditioners and heat pumps. 

DOE also seeks comment on a possible 

waiver process for regional standards 

applicability. 

DATES: DOE will hold a public meeting 

on December 16, 2011, from 9 a.m. to 4 

p.m., in Washington, DC. The meeting 

will also be broadcast as a webinar. See 

‘‘Public Participation,’’ for webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants. 

DOE will accept comments, data, and 

information regarding this NODA before 

and after the public meeting, but no 

later than February 6, 2012. See ‘‘Public 

Participation,’’ for details. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. Please note that foreign 

nationals visiting DOE Headquarters are 

subject to advance security screening 

procedures. Any foreign national 

wishing to participate in the meeting 

should advise DOE as soon as possible 

by contacting Ms. Brenda Edwards at 

(202) 586–2945 to initiate the necessary 

procedures. 

Interested persons are encouraged to 

submit comments using the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2011–BT–CE–0077, by 

any of the following methods: 

• Email: to EnforcementFunCAC– 

2011–CE–0077@ee.doe.gov. Include 

EERE–2011–BT–CE–0077 in the subject 

line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Revisions to Energy Efficiency 

Enforcement Regulations, EERE–2011– 

BT–CE–0077, Independence Avenue 

SW., Washington, DC 20585–0121. 

Phone: (202) 586–2945. Please submit 

one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

document. 

Docket: For access to the docket to 

read background documents, or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information may be sent to 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. Email: 

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., 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules 76329 

Washington, DC 20585. Telephone: 

(202) 287–5772. Email: 

Laura.Barhydt@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: The 

Energy Independence and Security Act 

(EISA) of 2007 modified the Energy 

Policy and Conservation Act (EPCA) to 

authorize DOE to consider regional 

standards for certain products if the 

regional standards can save significantly 

more energy than a national standard 

and are economically justified. 

Specifically, DOE was authorized to 

establish up to two additional regional 

standards for central air conditioners 

and heat pumps and one additional 

standard for furnaces in addition to 

national standards. (42 U.S.C. 

6295(o)(6)(B)(ii)) 

EISA 2007 requires DOE to initiate an 

enforcement rulemaking not later than 

90 days after the issuance of a final rule 

that establishes a regional standard. (42 

U.S.C. 62905(o)(6)(G)(ii)(I)) EISA 

2007also requires that a final rule for 

enforcement be issued not later than 15 

months after the final rule that 

establishes a regional standard. (42 

U.S.C. 62905(o)(6)(G)(ii)(III)) 

On June 27, 2011, DOE promulgated 

a direct final rule for these products that 

established regional standards. 76 FR 

37549. In addition to the current base 

national standard, DOE established one 

additional regional standard for 

furnaces and two additional regional 

standards for central air conditioners 

and heat pumps. The Department 

published a notice of effective date and 

compliance dates for the direct final 

rule on October 31, 2011 (76 FR 67037), 

requiring compliance for nonweatherized furnaces on May 1, 2013, 

and for weatherized furnaces and 

central air conditioners and heat pumps 

on January 1, 2015. 

The Department has developed three 

possible approaches to enforcement of 

regional energy conservation standards 

for residential furnaces and residential 

central air conditioners and heat pumps. 

Each approach includes a description of 

the obligations that would be imposed 

upon manufacturers, distributors, and 

contractors in the product supply chain. 

The Department is considering these 

approaches or some combination of 

these approaches as a framework for 

developing a proposed enforcement 

scheme for regional standards. 

Stakeholders are encouraged to review 

the approaches and submit comments 

on each approach, including the 

different aspects of each approach. 

In addition, the Department discusses 

how the compliance dates apply to 

various parties such as manufacturers, 

distributors and contractors. The 

Department also seeks comment on a 

possible waiver process to permit 

installation of units to do not meet the 

applicable regional standard in limited 

circumstances. 

Purpose: The purpose of this NODA is 

to inform stakeholders of three possible 

approaches for enforcement of regional 

energy efficiency standards for 

residential furnaces and residential 

central air conditioners and heat pumps 

and to solicit feedback from 

stakeholders on these approaches. 

Respondents are advised that this 

NODA is for information purposes only. 

DOE plans to use the information 

gathered through this NODA in 

developing a proposed rule for public 

comment. 

Public Participation 

A. Attendance at Public Meeting 

The time, date and location of the 

public meeting are listed in the DATES

and ADDRESSES sections at the beginning 

of this document. If you plan to attend 

the public meeting, please notify Ms. 

Brenda Edwards at (202) 586–2945 or 

Brenda.Edwards@ee.doe.gov. As 

explained in the ADDRESSES section, 

foreign nationals visiting DOE 

Headquarters are subject to advance 

security screening procedures. 

In addition, you can attend the public 

meeting via webinar. Webinar 

registration information, participant 

instructions, and information about the 

capabilities available to webinar 

participants will be published on DOE’s 

Web site at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/ 

certification_enforcement.html. 

Participants are responsible for ensuring 

their systems are compatible with the 

webinar software. 

B. Procedure for Submitting Prepared 

General Statements for Distribution 

Any person who has plans to present 

a prepared general statement may 

request that copies of his or her 

statement be made available at the 

public meeting. Such persons may 

submit requests, along with an advance 

electronic copy of their statement in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format, to the appropriate address 

shown in the ADDRESSES section at the 

beginning of this notice. The request 

and advance copy of statements must be 

received at least one week before the 

public meeting and may be emailed, 

hand-delivered, or sent by mail. DOE 

prefers to receive requests and advance 

copies via email. Please include a 

telephone number to enable DOE staff to 

make a follow-up contact, if needed. 

C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use a professional facilitator to aid 

discussion. The meeting will not be a 

judicial or evidentiary-type public 

hearing, but DOE will conduct it in 

accordance with section 336 of EPCA 

(42 U.S.C. 6306). A court reporter will 

be present to record the proceedings and 

prepare a transcript. DOE reserves the 

right to schedule the order of 

presentations and to establish the 

procedures governing the conduct of the 

public meeting. After the public 

meeting, interested parties may submit 

further comments on the proceedings as 

well as on any aspect of the rulemaking 

until the end of the comment period. 

The public meeting will be conducted 

in an informal, conference style. DOE 

will present summaries of comments 

received before the public meeting, 

allow time for prepared general 

statements by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

NODA. Each participant will be allowed 

to make a general statement (within 

time limits determined by DOE), before 

the discussion of specific topics. DOE 

will permit, as time permits, other 

participants to comment briefly on any 

general statements. 

At the end of all prepared statements 

on a topic, DOE will permit participants 

to clarify their statements briefly and 

comment on statements made by others. 

Participants should be prepared to 

answer questions by DOE and by other 

participants concerning these issues. 

DOE representatives may also ask 

questions of participants concerning 

other matters relevant to this 

rulemaking. The official conducting the 

public meeting will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of the above procedures that may be 

needed for the proper conduct of the 

public meeting. 

A transcript of the public meeting will 

be included in the docket, which can be 

viewed as described in the Docket 

section at the beginning of this notice. 

In addition, any person may buy a copy 

of the transcript from the transcribing 

reporter. 

D. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notice before 

or after the public meeting, but no later 

than the date provided in the DATES


emcdonald on DSK5VPTVN1PROD with PROPOSALS
76330 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Proposed Rules 

section at the beginning of this notice. 

Interested parties may submit comments 

using any of the methods described in 

the ADDRESSES section at the beginning 

of this notice. 

Submitting comments via 

regulations.gov. The 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. 

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 to regulations.gov 

information 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 

regulations.gov cannot be claimed as 

CBI. Comments received through the 

Web site 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 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 

regulations.gov provides after you have 

successfully uploaded your comment. 

Submitting comments via email, hand 

delivery, or mail. Comments and 

documents submitted via email, hand 

delivery, or mail also will be posted to 

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. 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. Email 

submissions are preferred. If you submit 

via mail or hand delivery, please 

provide all items on a CD, if feasible. It 

is not necessary to submit printed 

copies. No facsimiles (faxes) will 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, written in English, and 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. 

Confidential Business Information. 

According 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, postal mail, or 

hand delivery 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. 

Submit these documents via email or on 

a CD, if feasible. 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. 

It is DOE’s policy that all comments 

may be included in the public without 

change and as received, including any 

personal information provided in the 

comments (except information deemed 

to be exempt from public disclosure). 

E. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this NODA, DOE has 

identified a number of issues that it is 

particularly interested in receiving 

comments and views of interested 

parties. These are presented in the 

framework document. 

Approval of the Office of the Secretary 

The Secretary of Energy has approved 

publication of this notice of data 

availability. 

List of Subjects 

10 CFR Part 429 

Energy conservation, Household 

appliances, Reporting and 

recordkeeping requirements. 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports. 

Issued in Washington, DC, on November 

29, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–31419 Filed 12–6–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1342; Directorate 

Identifier 2011–CE–038–AD] 

RIN 2120–AA64 

Airworthiness Directives; DG 

Flugzeugbau GmbH Sailplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for DG 


emcdonald on DSK5VPTVN1PROD with PROPOSALS