Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules 15653 

produced in another country shall retain 

their origin, as declared to U.S. Customs 

and Border Protection at the time the 

product entered the United States, 

through retail sale. 

(2) Muscle cut covered commodities 

derived from an animal that was 

slaughtered in another country shall 

retain their origin, as declared to U.S. 

Customs and Border Protection at the 

time the product entered the United 

States, through retail sale (e.g., ‘‘Product 

of Country X’’), including muscle cut 

covered commodities derived from an 

animal that was born and/or raised in 

the United States and slaughtered in 

another country. In addition, the origin 

declaration may include more specific 

location information related to 

production steps (i.e., born, raised, and 

slaughtered) provided records to 

substantiate the claims are maintained 

and the claim is consistent with other 

applicable Federal legal requirements. 

Dated: March 7, 2013. 

Robert Epstein, 

Acting Administrator. 

[FR Doc. 2013–05576 Filed 3–11–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 429 

Notice of Intent To Form the 

Commercial HVAC, WH, and 

Refrigeration Certification Working 

Group and Solicit Nominations To 

Negotiate Commercial Certification 

Requirements for Commercial HVAC, 

WH, and Refrigeration Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) is 

giving notice that the Appliance 

Standards and Rulemaking Federal 

Advisory Committee (ASRAC) intends 

to establish a working group in 

accordance with the Federal Advisory 

Committee Act (FACA) and the 

Negotiated Rulemaking Act (NRA) to 

negotiate certification requirements of 

commercial heating, ventilation, and 

air-conditioning (HVAC), water heating 

(WH), and refrigeration equipment. The 

purpose of the working group will be to 

discuss and, if possible, reach 

consensus on proposed certification 

requirements for commercial HVAC, 

WH, and refrigeration equipment, as 

authorized by the Energy Policy and 

Conservation Act of 1975, as amended. 

The working group members will be 

representatives of parties having a 

defined stake in the outcome of the 

proposed certification requirements, 

and will consult with a range of experts 

on technical issues. 

DATES: Nominations of membership 

must be received on or before March 26, 

2013. DOE will not consider any 

nominations received via mail or after 

midnight on March 26, 2013 to be valid. 

ADDRESSES: The nominee’s name, 

resume, biography, and any letters of 

support must be submitted in electronic 

format via email to asrac@ee.doe.gov. 

Any requests for further information 

should also be sent via email to 

asrac@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, ASRAC Designated Federal 

Officer, U.S. Department of Energy 

(DOE), Office of Energy Efficiency and 

Renewable Energy, 950 L’Enfant Plaza, 

SW., Washington, DC 20024. Email: 

asrac@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Background 

III. Proposed Negotiating Procedures 

IV. Nominations Requested 

V. Approval of the Office of the Secretary 

I. Authority 

Title III of the Energy Policy and 

Conservation Act of 1975, as amended 

(‘‘EPCA’’ or ‘‘the Act’’) sets forth a 

variety of provisions designed to 

improve energy efficiency. Part A of 

Title III (42 U.S.C. 6291–6309) provides 

for the Energy Conservation Program for 

Consumer Products Other Than 

Automobiles. The National Energy 

Conservation Policy Act (NECPA), 

Public Law 95–619, amended EPCA to 

add Part A–1 of Title III, which 

established an energy conservation 

program for certain industrial 

equipment. (42 U.S.C. 6311–6317) 

Sections 6299–6305, and 6316 of EPCA 

authorize DOE to enforce compliance 

with the energy and water conservation 

standards (all non-product specific 

references herein referring to energy use 

and consumption include water use and 

consumption; all references to energy 

efficiency include water efficiency) 

established for certain consumer 

products and commercial equipment. 

(42 U.S.C. 6299–6305 (consumer 

products), 6316 (commercial 

equipment)) DOE has promulgated 

enforcement regulations that include 

specific certification and compliance 

requirements. See 10 CFR part 429; 10 

CFR part 431, subparts B, U, and V. 

This notice announces DOE’s and the 

ASRAC’s intent to negotiate certification 

requirements of commercial heating, 

ventilation, and air-conditioning 

(HVAC), water heating (WH), and 

refrigeration equipment under the 

authority of sections 563 and 564 of the 

NRA (5 U.S.C. 561–570, Pub. L. 104– 

320). 

II. Background 

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. This 

rule, among other things, imposed new 

or revised reporting requirements for 

some types of covered products and 

equipment, including a requirement that 

manufacturers submit annual reports to 

the Department certifying compliance of 

their basic models with applicable 

standards. In issuing the rule, the 

Department emphasized that 

manufacturers could use their discretion 

in grouping individual models as a 

‘‘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. 

In response to the initial deadline for 

certifying compliance imposed on 

commercial HVAC, WH, and 

refrigeration equipment manufacturers 

by the March 2011 Final Rule, certain 

manufacturers of particular types of 

commercial and industrial equipment 

stated that, for a variety of reasons, they 

would be unable to meet that deadline. 

DOE initially extended the deadline for 

certifications for commercial HVAC, 

WH, and refrigeration equipment in a 

final rule published June 30, 2011 (June 

30 Final Rule). 76 FR 38287 (June 30, 

2011). DOE subsequently extended the 

compliance date for certification an 

additional 12 months to December 31, 

2013, for these types of equipment 

(December 2012 final rule) to allow, 

among other things, the Department to 

explore the negotiated rulemaking 

process for this equipment. 77 FR 

72763. 

In the summer of 2012, DOE had an 

independent convenor evaluate the 

likelihood of success, analyzing the 

feasibility of developing certification 

requirements for commercial HVAC, 

WH, and refrigeration equipment (not 

including walk-in coolers and freezers) 

through consensus-based negotiations 

among affected parties. October 2012, 

the convenor issued his report based on 

a confidential interview process 

involving forty (40) parties. from a wide 

range of commercial HVAC, WH, and 

CRE interests. Ultimately, the convener 

recommended that with the proper 

scope of issues on the table surrounding 


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15654 Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules 

commercial HVAC, WH, and CRE 

certification, a negotiated rulemaking 

appears to have a good likelihood of 

achieving consensus based on the 

factors set forth in the Negotiated 

Rulemaking Act because the 

interviewed parties believe the 

negotiated rulemaking is superior to 

notice and comment rulemaking for the 

certification-related issues. Additional 

details of the report can be found at 

https://www1.eere.energy.gov/buildings/ 

appliance_standards/pdfs/ 

convening_report_hvac_cre_1.pdf. 

III. Proposed Negotiating Procedures 

A. Key Issues for Negotiation 

DOE has identified the following 

substantive issues that will underlie the 

work of the Commercial HVAC, WH, 

and Refrigeration Certification Working 

Group: 

• Strategies for grouping models for 

purposes of certification; 

• Identification of non-efficiency 

attributes, which do not impact the 

measured consumption of the 

equipment as tested by DOE’s test 

procedure; 

• The information that is certified to 

the Department; 

• The timing of when the certification 

should be made relative to distribution 

in commerce; and 

• Alterations to a basic model that 

would impact the certification. 

The formed working group will 

examine the underlying issues outlined 

above, and possibly others not yet 

articulated as determined through the 

negotiated rulemaking process. As voted 

on by ASRAC, the working group will 

be required to provide a progress report 

to ASRAC on its efforts by Wednesday, 

June 26, 2013, and report back to the 

Committee with final recommendations 

by Friday, August 30, 2013. 

B. Formation of Working Group 

A working group will be formed and 

operated in full compliance with the 

requirements of FACA and in a manner 

consistent with the requirements of the 

NRA. In accordance with NRA, DOE has 

determined that the working group not 

exceed 25 members. DOE is aware that 

there are many more potential 

participants than there are membership 

slots on the working group. The 

Department does not believe, nor does 

the NRA contemplate, that each 

potentially affected group must 

participate directly in the negotiations; 

nevertheless, each affected interest can 

be adequately represented. To have a 

successful negotiation, it is important 

for interested parties to identify and 

form coalitions that adequately 

represent significantly affected interests. 

To provide adequate representation, 

those coalitions must agree to support, 

both financially and technically, a 

member of the working group whom 

they choose to represent their interests. 

FACA also requires that members of the 

public have the opportunity to attend 

meetings of the full committee and 

speak or otherwise address the 

committee during the public comment 

period. In addition, any member of the 

public is permitted to file a written 

statement with the advisory committee. 

DOE plans to follow these same 

procedures in conducting meetings of 

the working group. 

C. Interests Involved/Working Group 

Membership 

DOE anticipates that the working 

group will comprise no more than 25 

members who represent affected and 

interested stakeholder groups, two of 

whom will be members of ASRAC— 

John Mandyck and Kent Peterson. 

Additionally, in accordance with NRA, 

one seat on the working group will be 

reserved for a DOE representative to 

represent the views of the Department. 

As required by FACA, the Department 

will conduct the negotiated rulemaking 

with particular attention to ensuring full 

and balanced representation of those 

interests that may be significantly 

affected by certification requirements of 

commercial HVAC, WH, and 

refrigeration equipment. 

Members may be individuals or 

organizations. If the effort is to be 

fruitful, participants on the working 

group should be able to fully and 

adequately represent the viewpoints of 

their respective interests. This 

document gives notice of DOE’s process 

to other potential participants and 

affords them the opportunity to request 

representation in the negotiations. 

Those who wish to be appointed as 

members of the working group, 

including those that have been 

tentatively identified by DOE in this 

notice of intent, should submit a request 

to DOE, in accordance with the public 

participation procedures outlined in the 

DATES and ADDRESSES sections of this 

notice of intent. Membership of the 

working group is likely to involve: 

• Attendance of multiple, one (1) to 

two (2) day meetings; 

• Travel costs to those meetings; and 

• Preparation time for those meetings. 

Members serving on the working 

group will not receive compensation for 

their services. Interested parties who are 

not selected for membership on the 

working group may make valuable 

contributions to this negotiated 

rulemaking effort in any of several ways: 

• The person may request to be 

placed on the working group mailing 

list and submit written comments as 

appropriate. 

• The person may attend working 

group meetings, which are open to the 

public; caucus with his or her interest’s 

member on the working group; or even 

address the working group during the 

public comment portion of the working 

group meeting. 

• The person could assist the efforts 

of a task force that the working group 

might establish. 

A working group may establish 

informal task forces, which usually are 

asked to facilitate committee 

deliberations by assisting with various 

technical matters (e.g., researching or 

preparing summaries of the technical 

literature or comments on specific 

matters such as economic issues). Task 

forces also might assist in estimating 

costs or drafting regulatory text on 

issues associated with the analysis of 

the costs and benefits addressed, or 

formulating drafts of the various 

provisions and their justifications as 

previously developed by the working 

group. Given their support function, 

task forces usually consist of 

participants who have expertise or 

particular interest in the technical 

matter(s) being studied. Because it 

recognizes the importance of this 

support work for the working group, 

DOE will provide appropriate technical 

expertise for such task forces. 

D. Good Faith Negotiation 

Every working group member must be 

willing to negotiate in good faith and 

have the authority, granted by his or her 

constituency, to do so. The first step is 

to ensure that each member has good 

communications with his or her 

constituencies. An intra-interest 

network of communication should be 

established to bring information from 

the support organization to the member 

at the table, and to take information 

from the table back to the support 

organization. Second, each organization 

or coalition therefore should designate 

as its representative a person having the 

credibility and authority to ensure that 

needed information is provided and 

decisions are made in a timely fashion. 

Negotiated rulemaking can require the 

appointed members to give a significant 

amount of time, which must be 

sustained for as long as the duration of 

the negotiated rulemaking. Other 

qualities of members that can be helpful 

are negotiating experience and skills, 

and sufficient technical knowledge to 

participate in substantive negotiations. 

Certain concepts are central to 

negotiating in good faith. One is the 


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willingness to bring all issues to the 

bargaining table in an attempt to reach 

a consensus, as opposed to keeping key 

issues in reserve. The second is a 

willingness to keep the issues at the 

table and not take them to other forums. 

Finally, good faith includes a 

willingness to move away from some of 

the positions often taken in a more 

traditional rulemaking process, and 

instead explore openly with other 

parties all ideas that may emerge from 

the working group’s discussions. 

E. Facilitator 

The facilitator will act as a neutral in 

the substantive development of the 

proposed standard. The facilitator’s role 

generally includes: 

• Impartially assisting the members of 

the working group in conducting 

discussions and negotiations; and 

• Impartially assisting in performing 

the duties of the Designated Federal 

Official under FACA. 

F. Department Representative 

The DOE representative will be a full 

and active participant in the consensusbuilding negotiations. The Department’s 

representative will meet regularly with 

senior Department officials, briefing 

them on the negotiations and receiving 

their suggestions and advice so that he 

or she can effectively represent the 

Department’s views regarding the issues 

before the working group. DOE’s 

representative also will ensure that the 

entire spectrum of governmental 

interests affected by the rulemaking, 

including the Office of Management and 

Budget, the Attorney General, and other 

Departmental offices, are kept informed 

of the negotiations and encouraged to 

make their concerns known in a timely 

fashion. 

G. Working Group and Schedule 

After evaluating the comments 

submitted in response to this notice of 

intent and the requests for nominations, 

DOE will inform the members of the 

working group that they have been 

selected. DOE and ASRAC plan for the 

working group to have its first meeting 

in April 2013 and have determined a 

need for an update from the working 

group on negotiation efforts by 

Wednesday, June 26, 2013, and final 

recommendations to ASRAC by Friday, 

August 30, 2013. 

At the initial working group meeting, 

DOE and ASRAC representatives on the 

working group will advise working 

group members of administrative 

matters related to the functions of the 

working group, lay out the working 

group’s scope, and confirm deadlines. 

Given the outlined scope and 

established deadlines, the working 

group will develop a work plan to 

accomplish the proposed objectives. 

While the negotiated rulemaking 

process is underway, DOE is committed 

to performing much of the same analysis 

as it would during a normal process and 

to providing information and technical 

support to the working group. 

IV. Nominations Requested 

DOE requests nominations of which 

parties should be included in a 

negotiation efforts of certification 

requirements of commercial HVAC, 

WH, and refrigeration equipment and 

suggestions of additional interests and/ 

or stakeholders that should be 

represented on the working group. 

Please include the nominee’s name, 

contact information, resume, biography, 

and any letters of support. Nominations 

must be submitted in electronic format 

via email to asrac@ee.doe.gov. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s notice of 

proposed rulemaking. 

Issued in Washington, DC, on March 5, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy. 

[FR Doc. 2013–05615 Filed 3–11–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0594; Directorate 

Identifier 2012–NM–019–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier, 

Inc. 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 Bombardier, Inc. Model 

DHC–8–400, –401, and –402 airplanes. 

That NPRM proposed to require an 

inspection to determine if certain 

rudder feel trim units (RFTUs) are 

installed, an operational check for signs 

of seizure of affected parts, repetitive 

lubrication for certain RFTUs, and 

replacement of the RFTU if necessary. 

Installing replaced RFTUs with 

conformal bushings would terminate the 

repetitive lubrication requirements. 

That NPRM was prompted by reports of 

movement of the rudder pedals being 

impeded due to corrosion of the 

trunnion shaft of the RFTU. This action 

revises that NPRM by reducing 

compliance times, increasing 

compliance costs, expanding affected 

parts to include additional serial 

numbers and include those parts with a 

suffix ‘A,’ and adding the condition of 

rough movement to the operational 

check. We are proposing this AD to 

detect and correct any sign of rough 

movement or seizure of the trunnion 

shaft and its bushing, which could 

cause a rudder control jam or a large 

and rapid alternating rudder input 

leading to a structural failure of the 

vertical fin. Since these actions impose 

an additional burden over that proposed 

in the NPRM, we are reopening the 

comment period to allow the public the 

chance to comment on these proposed 

changes. 

DATES: We must receive comments on 

this proposed AD by April 26, 2013. 

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, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Bombardier, 

Inc., Q-Series Technical Help Desk, 123 

Garratt Boulevard, Toronto, Ontario 

M3K 1Y5, Canada; telephone 416–375– 

4000; fax 416–375–4539; email 

thd.qseries@aero.bombardier.com; 

Internet http://www.bombardier.com. 

You may review copies of the 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. 

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 Operations office between 9 a.m. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS