40648 Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Proposed Rules 

commenters addressed the full-fuelcycle analysis of energy consumption. 

(AGA, 5; EEI, 4–5, 7). 

DOE received comments on 

unnecessarily complicated regulations, 

reporting requirements, or regulatory 

processes other than the certification 

reporting requirements discussed 

previously. Three commenters 

suggested DOE streamline and simplify 

its various reporting requirements. 

(COGR, 3; Honeywell FM&T, 4; MIT, 2). 

Early Retrospective Review Results 

Although DOE’s implementation of 

Executive Order 13563 has only just 

begun, as a result of public input and its 

own internal analysis, DOE has already 

accomplished or proposed a number of 

significant changes in retrospective 

review of specific regulations: 

1. In response to industry concerns 

that a new energy-efficiency rule would 

cost as much as $500 million to 

implement and would significantly 

interrupt industry research and 

development efforts, DOE has proposed 

an 18-month extension of that rule. 

2. DOE has issued a notice of 

proposed rulemaking considering the 

use alternative efficiency determination 

methods (AEDMs), such as computer 

modeling, to reduce testing burden and 

eliminate many millions of dollars of 

testing costs. This effort is particularly 

significant as industry has suggested 

that testing under the current rule could 

take several years to complete and 

undermine their research and 

development efforts. 

3. DOE has issued a proposed rule to 

amend its existing NEPA regulations. 

The changes, proposed primarily for the 

categorical exclusions provisions, are 

intended to better align DOE’s 

categorical exclusions with current 

activities and recent experiences, and to 

update the provisions with respect to 

current technologies and regulatory 

requirements. DOE believes the changes 

made by this rulemaking could save the 

taxpayers as much as $100 million over 

ten years and provide greater 

transparency to the public as to the 

NEPA standards that DOE employs in 

analyzing particular technologies. 

4. DOE is undertaking a series of 

initiatives to reduce paperwork burdens 

on recipients of financial assistance. 

DOE expects these initiatives to result in 

more than a 90% reduction—a 

reduction of over 270,000 hours—in the 

paperwork burden imposed on 

recipients of DOE’s financial assistance. 

5. DOE has sought public input on the 

potential uses of computer simulations 

to further reduce testing costs and 

burdens relating to efficiency 

certifications. 

6. After receiving public comment on 

a draft interpretive rule, DOE issued 

enforcement guidance to explain how 

DOE intends to enforce existing water 

conservation standards for 

showerheads. DOE also provided an 

enforcement grace period of two years to 

allow such manufacturers to sell any 

remaining non-compliant products. 

DOE changed course in order to enforce 

the existing standards in a manner that 

avoids needless economic dislocation 

that some industry representatives 

estimated at $400 million. 

7. DOE has issued a proposed rule to 

standardize procedures for the 

submission and protection of trade 

secrets and privileged or confidential 

commercial or financial information. 

8. DOE is considering revisions to its 

regulation concerning sales from the 

Strategic Petroleum Reserve, to 

streamline the process for periodic 

review and publication of the standard 

contract provisions. 

9. DOE has published a test procedure 

for fluorescent lamp ballasts that 

reduces testing burdens by adopting a 

metric suggested by public comment. 

The revised procedure is anticipated to 

reduce testing time, and therefore 

laboratory testing costs, by 50 percent. 

Request for Further Public Input 

DOE seeks input on its preliminary 

retrospective review plan, which sets 

forth its intended process for regulatory 

review pursuant to Executive Order 

13563. The preliminary plan and 

comments received to date are available 

at http://www.gc.energy.gov/1705.htm. 

DOE welcomes further comments 

submitted by August 1, 2011. See the 

ADDRESSES section for further 

information on how to submit 

comments. 

Issued in Washington, DC, on June 30, 

2011. 

Sean A. Lev, 

Acting General Counsel. 

[FR Doc. 2011–17012 Filed 7–8–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 139 

[Docket No. FAA–2010–0247; Notice No. 11– 

01] 

RIN 2120–AJ70 

Safety Enhancements Part 139, 

Certification of Airports; Reopening of 

Comment Period 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM); Reopening of comment period. 

SUMMARY: This action reopens the 

comment period for an NPRM that was 

published on February 1, 2011. In that 

document, the FAA proposed several 

safety enhancements for airports. 

Recently, regulations.gov had a software 

upgrade which resulted in documents 

previously submitted to the docket that 

were not accessible as a result of the 

upgrade. This action reopens the 

comment period to allow the public 

additional time to review the initial 

regulatory evaluation. 

DATES: The comment period for the 

NPRM published on February 1, 2011 

(76 FR 5510) and reopened (76 FR 

20570) April 13, 2011, is reopened again 

until July 26, 2011. 

ADDRESSES: You may send comments 

identified by docket number FAA– 

2010–0247 using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

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

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 


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Federal Register / Vol. 76, No. 132 / Monday, July 11, 2011 / Proposed Rules 40649 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth Langert, AAS–300, Office of 

Airports Safety and Standards, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591, telephone (202) 

267–493–4529; e-mail 

Kenneth.langert@faa.gov. 

SUPPLEMENTARY INFORMATION: See the 

‘‘Additional Information’’ section for 

information on how to comment on this 

proposal and how the FAA will handle 

comments received. The ‘‘Additional 

Information’’ section also contains 

related information about the docket, 

privacy, and the handling of proprietary 

or confidential business information. In 

addition, there is information on 

obtaining copies of related rulemaking 

documents. 

Background 

On February 1, 2011, the FAA issued 

Notice No. 11–01, entitled ‘‘Safety 

Enhancements Part 139, Certification of 

Airports’’ (76 FR 5510). The comment 

period closed on April 4, 2011. On April 

13, 2011, the FAA reopened the 

comment period for 30 days to allow 

additional opportunity to comment on 

the NPRM (76 FR 20570). The comment 

period then closed on May 13, 2011. 

During the comment period, several 

commenters stated the FAA’s economic 

evaluation for this proposed rule was 

not available for review and comment. 

That document was placed in the docket 

and the comment period was again 

reopened to allow additional time to 

comment on the NPRM (76 FR 32106). 

On June 11, 2011, the Federal Docket 

Management System (FDMS.gov) 

version 3.5 was released and 

implemented. Shortly thereafter, we 

realized the new release had resulted in 

several (but not all) documents 

previously submitted to the docket were 

not accessible. Unfortunately, the 

regulatory evaluation for this 

rulemaking was one of those 

documents. That document is now 

accessible. The FAA believes additional 

time should be allowed to comment on 

the regulatory document commensurate 

with the amount of time the document 

was not accessible. 

Reopening of Comment Period 

In accordance with § 11.47(c) of title 

14, Code of Federal Regulations, the 

FAA has determined that re-opening of 

the comment period is consistent with 

the public interest, and that good cause 

exists for taking this action. Absent 

unusual circumstances, the FAA does 

not anticipate any further extension of 

the comment period for this rulemaking. 

Accordingly, the comment period for 

Notice No. 11–1 is reopened until July 

26, 2011. 

Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the proposals in this document. The 

most helpful comments reference a 

specific portion of the proposal, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, commenters 

should send only one copy of written 

comments, or if comments are filed 

electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this proposed rulemaking. Before acting 

on this proposal, the FAA will consider 

all comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 

comment period has closed if it is 

possible to do so without incurring 

expense or delay. The agency may 

change this proposal in light of the 

comments it receives. 

Proprietary or Confidential Business 

Information: Do not file proprietary or 

confidential business information in the 

docket. Such information must be sent 

or delivered directly to the person 

identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document, and marked as proprietary or 

confidential. If submitting information 

on a disk or CD ROM, mark the outside 

of the disk or CD ROM, and identify 

electronically within the disk or CD 

ROM the specific information that is 

proprietary or confidential. 

Under 14 CFR 11.35(b), if the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. It is held in a 

separate file to which the public does 

not have access, and the FAA places a 

note in the docket that it has received 

it. If the FAA receives a request to 

examine or copy this information, it 

treats it as any other request under the 

Freedom of Information Act (5 U.S.C. 

552). The FAA processes such a request 

under Department of Transportation 

procedures found in 49 CFR part 7. 

B. Availability of Rulemaking 

Documents 

An electronic copy of rulemaking 

documents may be obtained from the 

Internet by— 

1. Searching the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visiting the FAA’s Regulations and 

Policies web page at http:// 

www.faa.gov/regulations_policies or 

3. Accessing the Government Printing 

Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

Copies may also be obtained by 

sending a request to the Federal 

Aviation Administration, Office of 

Rulemaking, ARM–1, 800 Independence 

Avenue SW., Washington, DC 20591, or 

by calling (202) 267–9680. Commenters 

must identify the docket or notice 

number of this rulemaking. 

All documents the FAA considered in 

developing this proposed rule, 

including economic analyses and 

technical reports, may be accessed from 

the Internet through the Federal 

eRulemaking Portal referenced in item 

(1) above. 

Issued in Washington, DC, on July 1, 2011. 

Dennis R. Pratte, 

Acting Director, Office of Rulemaking. 

[FR Doc. 2011–17293 Filed 7–8–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 914 

[SATS No. IN–160–FOR; Docket ID: OSM– 

2011–0008] 

Indiana Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 


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