Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Proposed Rules 7547 

that have tribal implications or preempt 

tribal laws. Rural Development has 

determined that the rule does not have 

a substantial direct effect on one or 

more Indian tribe(s) or on either the 

relationship or the distribution of 

powers and responsibilities between the 

Federal Government and Indian tribes. 

Thus, this rule is not subject to the 

requirements of Executive Order 13175. 

If a tribe determines that this rule has 

implications of which Rural 

Development is not aware and would 

like to engage with Rural Development 

on this rule, please contact Rural 

Development’s Native American 

Coordinator at AIAN@wdc.usda.gov. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995, the information 

collection activities associated with this 

rule are covered under the Business and 

Industry Guaranteed Loan Program, 

OMB Number: 0570–0017. 

This rule contains no new reporting 

or recordkeeping requirements that 

would require approval under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35). 

E-Government Act Compliance 

Rural Development is committed to 

complying with the E-Government Act, 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and other 

purposes. 

I. Background 

The Agency reviewed 7 CFR 4279.2 

which is composed of two paragraphs, 

the first of which is pertinent. Section 

4279.2(a) discusses the definitions, 

which has thirty seven terms use in the 

Guaranteed Loanmaking. The 

definitions and abbreviations contained 

in § 4279.2 also apply to the Business 

and Industry Guaranteed Loan Servicing 

regulations and, unless otherwise noted, 

the Biorefinery Assistance Loan 

Program and the Rural Energy for 

America Program. Currently, the Agency 

regulations do not define ‘‘interest’’, 

‘‘default interest’’, ‘‘penalty interest’’ or 

‘‘late charges’’. However, it is the 

Agency’s policy not to pay out 

additional cost for default interest, 

penalty interest and late charges 

calculated and submitted on a final 

report of loss claim under the Loan Note 

Guarantee. However, the lender’s 

Promissory Note may contain provisions 

for default, penalty interest, or late 

charges with prior Agency approval. 

These charges must be customary and 

reasonable. Accordingly, the Agency is 

making the proposed changes in this 

rule. 

II. Discussion of Change 

The Agency is revising § 4279.2(a), to 

address the situation discussed in the 

‘‘Background’’ section. Specifically, the 

Agency is adding a paragraph in 

§ 4287.2(a), after the term ‘‘Holder’’ and 

before the term Interim Financing, 

which will define ‘‘Interest.’’ The 

change being made by this rule is to 

clarify that ‘‘interest’’ does not include 

default or penalty interest, or late fees. 

The lender may charge the borrower 

these fees with prior Agency approval. 

List of Subjects in 7 CFR Part 4279 

Business and industry, Loan 

programs, Rural development 

assistance. 

For the reasons set forth in the 

preamble, chapter XLII, title 7, of the 

Code of Federal Regulations is proposed 

to be amended as follows: 

CHAPTER XLII—RURAL BUSINESSCOOPERATIVE SERVICE AND RURAL 

UTILITIES SERVICE, DEPARTMENT OF 

AGRICULTURE 

PART 4279—GUARANTEED 

LOANMAKING 

1. The authority citation for part 4279 

continues to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1932(a); 

and 7 U.S.C. 1989. 

Subpart A—General 

2. Paragraph (a) of § 4279.2 is 

amended by adding a new definition of 

Interest, to read as follows: 

§ 4279.2 Definitions and abbreviations. 

* * * * * 

Interest. A fee paid by a borrower to 

the lender as a form of compensation for 

the use of money. When money is 

borrowed, interest is paid as a fee over 

a certain period of time (typically 

months or years) to the lender as a 

percentage of the principal amount 

owed. ‘‘Interest’’ does not include 

default or penalty interest or late fees or 

charges. The lender may charge these 

fees and interest with prior Agency 

approval, but they are not covered by 

the Loan Note Guarantee. 

* * * * * 

Dated: February 2, 2012. 

Dallas Tonsager, 

Under Secretary, Rural Development. 

[FR Doc. 2012–3242 Filed 2–10–12; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–STD–0043] 

RIN 1904–AC51 

Energy Conservation Standards for 

Wine Chillers and Miscellaneous 

Refrigeration Products: Public Meeting 

and Availability of the Framework 

Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of the framework document. 

SUMMARY: The U.S. Department of 

Energy (DOE) is considering 

establishing energy conservation 

standards for residential wine chillers 

and other residential refrigeration 

products. DOE will hold an informal 

public meeting to discuss and receive 

comments on its planned analytical 

approach and issues that it will address 

in this proceeding. DOE welcomes 

written comments and relevant data 

from the public on any subject within 

the scope of this notice. To inform 

stakeholders and facilitate this process, 

DOE has prepared a framework 

document that details the analytical 

approach and identifies several issues 

on which DOE is particularly interested 

in receiving comments. The framework 

document is available at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

refrigerators_freezers.html. 

DATES: DOE will hold a public meeting 

on February 22, 2012, from 9 a.m. to 

5 p.m. in Washington, DC. Additionally, 

DOE plans to conduct the public 

meeting via webinar. To participate via 

webinar, participants must notify DOE 

no later than Wednesday, February 15, 

2012. Registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants will be 

published on the following Web site 

https://www1.gotomeeting.com/register/ 

270198257. Participants are responsible 

for ensuring that their systems are 

compatible with the webinar software. 

Any person requesting to speak at the 

public meeting should submit such 

request along with a signed original and 

an electronic copy of the statements to 

be given at the public meeting before 4 

p.m., Wednesday, February 15, 2012. 

Written comments are welcome, 

especially following the public meeting, 

and should be submitted by March 14, 

2012. 


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7548 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

2U.S Department of Energy, ‘‘Analysis of 

Amended Energy Conservation Standards for 

Residential Refrigerator-Freezers’’, October 2005, 

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

appliance_standards/pdfs/refrigerator_report_1.pdf. 

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 20585–0121. 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, requiring a 30-day advance 

notice. Any foreign national wishing to 

participate in the public meeting should 

advise DOE as soon as possible by 

contacting Ms. Brenda Edwards at (202) 

586–2945 to initiate the necessary 

procedures. 

Any comments submitted must 

identify the framework document for 

Energy Conservation Standards for Wine 

Chillers and Miscellaneous 

Refrigeration Products, and provide 

docket number EERE–2011–BT–STD– 

0043 and/or Regulation Identifier 

Number (RIN) 1904–AC51. Comments 

may be submitted by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Email: WineChillers-2011-STD0043@ee.doe.gov. Include the docket 

number and/or RIN in the subject line 

of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Framework Document for Wine Chillers 

and Miscellaneous Refrigeration 

Products, EERE–2011–BT–STD–0043 

and/or RIN 1904–AC51, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Phone: 

(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., Suite 600, 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

original paper copy. No telefacsimilies 

(faxes) will be accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, the 

framework document, comments, and 

other supporting documents and 

materials. All documents in the docket 

are listed in the www.regulations.gov 

index. However, not all documents in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

A link to the docket Web page can be 

found at www.regulations.gov. The 

www.regulations.gov Web page contains 

a link to the docket for this notice, along 

with simple instructions on how to 

access all documents, including public 

comments, in the docket. 

For further information on how to 

submit a comment or review other 

public comments and the docket, please 

contact Ms. Brenda Edwards at (202) 

586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: 

Lucas Adin, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Phone: 

(202) 287–1317. Email: 

Lucas.Adin@ee.doe.gov or Michael 

Kido, U.S. Department of Energy, Office 

of General Counsel, GC–72, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Phone: 

(202) 586–9507. Email: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: Title III, 

Part B1 of the Energy Policy and 

Conservation Act of 1975 (EPCA or the 

Act), Public Law 94–163 (42 U.S.C. 291– 

6309, as codified), established an energy 

conservation program for major 

household appliances, which includes 

residential refrigeration products. This 

program authorizes DOE to establish 

technologically feasible, economically 

justified energy efficiency regulations 

for certain consumer products that 

would be likely to result in substantial 

national energy savings, and for which 

both natural market forces and 

voluntary labeling programs have been 

and/or are expected to be ineffective in 

promoting energy efficiency. (42 U.S.C. 

6295(l)(1)) 

The National Appliance Energy 

Conservation Act of 1987 (NAECA), 

Public Law 100–12, amended EPCA and 

established energy conservation 

standards for refrigerators, refrigeratorfreezers, and freezers (residential 

refrigeration products), as well as 

requirements for determining whether 

these standards should be amended. (42 

U.S.C. 6295(b)) On November 17, 1989, 

DOE published a final rule in the 

Federal Register updating the energy 

conservation standards. The new 

standards became effective on January 1, 

1993. 54 FR 47916. Subsequently, DOE 

determined that new standards for some 

of the product classes were based on 

incomplete data and incorrect analysis. 

As a result, DOE published a correction 

that amended the new standards for the 

following three product classes: (1) 

Refrigerators and refrigerator-freezers 

with manual defrost, (2) refrigeratorfreezers with automatic defrost with a 

bottom-mounted freezer but without 

through-the-door (TTD) ice service, and 

(3) chest freezers and all other freezers. 

55 FR 42845. DOE updated the 

performance standards once again for 

residential refrigeration products by 

publishing a final rule in the Federal 

Register on April 28, 1997. 62 FR 23102. 

The new standards became effective on 

July 1, 2001. By completing a second 

standards rulemaking, DOE had fulfilled 

its legislative requirement to conduct 

two cycles of standards rulemakings. 

After the completion of these two 

rulemaking cycles, stakeholders 

submitted a petition in 2004 requesting 

that DOE conduct another rulemaking to 

amend the standards for residential 

refrigerator-freezers. In April 2005, DOE 

granted the petition and conducted a 

limited set of analyses to assess the 

potential energy savings and potential 

economic benefit of new standards. DOE 

issued a report in October 2005 

detailing the analyses, which examined 

the technological and economic 

feasibility of new standards set at 

ENERGY STAR levels effective in 2005 

for the two most popular product 

classes of refrigerators: top-mount 

refrigerator-freezers without TTD 

features and side-mount refrigeratorfreezers with TTD features.2 DOE 

confined its updated analysis to these 

two classes because they accounted for 

a majority of current product shipments. 

Depending on assumptions regarding 

the impact that standards would have 

on market efficiency, DOE estimated 

that amended standards at the 2005 

ENERGY STAR levels would yield 

savings between 2.4 to 3.4 quadrillion 

British thermal units (Btu), with an 

associated economic impact to the 

Nation ranging from a burden or cost of 

$1.2 billion to a benefit or savings of 

$3.3 billion. 

In October 2005, DOE published draft 

data sheets containing the projected 

energy savings potential for refrigeratorfreezers as part of its fiscal year 2006 

schedule-setting process. The data 

sheets were based on the October 2005 

draft technical report analyzing 

potential new amended energy 

conservation standards for residential 

refrigerator-freezers described above. 

The analysis was not extended to all 

refrigerator, refrigerator-freezer, and 

freezer product classes because of the 

large proportion of the market 

represented by the two product classes 

analyzed in detail (i.e. refrigeratorVerDate Mar<15>2010 14:45 Feb 10, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\13FEP1.SGM 13FEP1

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Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Proposed Rules 7549 

3Note: In the regulations.gov Web site, this is 

listed as comment 52, although it was originally 

comment 49, and its header identifies it as 

comment 49. 

freezer—automatic defrost with topmounted freezer without through-thedoor ice service (product class 3) and 

refrigerator-freezer—automatic defrost 

with side-mounted freezer with 

through-the-door ice service (product 

class 7)) and because DOE expected that 

results for these product classes would 

be representative for all of the product 

classes. DOE had this expectation 

because these two product classes 

represent a large majority of refrigeratorfreezers, which in turn represent the 

majority of energy use of refrigeration 

products. (See pages 5–9 and 2–1 of the 

2005 report). The technical report and 

the associated data sheets helped direct 

the priorities for DOE’s rulemaking 

activities. As a result, other products 

were given a higher priority, and limited 

rulemaking work on refrigerators and 

freezers was carried out in the following 

years prior to the enactment of the 

Energy Independence and Security Act 

of 2007, Public Law 110–140 (Dec. 19, 

2007) (EISA). 

EISA required DOE to publish a final 

rule to determine whether to amend the 

standards in effect for residential 

refrigeration products manufactured 

starting in 2014. Consistent with this 

requirement, DOE issued a notice of 

proposed rulemaking on September 27, 

2010. 75 FR 59470. Subsequently, on 

September 15, 2011, DOE issued a final 

rule that established energy 

conservation standards for over 40 

classes of residential refrigeration 

products. See 76 FR 57516 and 76 FR 

70865 (November 16, 2011) (date 

correction notice). The standards 

adopted in that final rule were largely 

based on a consensus agreement that a 

coalition of energy efficiency advocates 

and industry representatives submitted 

to DOE in July 2010, see DOE Docket 

No. EERE–2008–BT–STD–0012, 

Comment 49,3 and provided 

manufacturers with the requisite threeyear lead time contemplated by EPCA. 

See 42 U.S.C. 6295(m). 

In the preamble to the final rule, DOE 

discussed the issue of wine chiller 

coverage. See, e.g. 76 FR at 57534. The 

test procedure final rule and interim 

final rule distinguished between those 

products designed to safely store fresh 

food and those that were not. See 75 FR 

78810, 78817 (Dec. 16, 2010). Wine 

chillers are not treated as refrigerators 

because they are not designed to be 

capable of achieving compartment 

temperatures below the 39 °F limit 

specified in the definition for ‘‘electric 

refrigerator.’’ See 10 CFR 430.2. DOE 

indicated that it would consider the 

coverage of wine chillers as part of a 

separate future rulemaking. Today’s 

notice begins that process of examining 

the coverage of those residential 

refrigeration products, including wine 

chillers, that are not yet addressed by 

any Federal energy conservation 

standards. Under EPCA, refrigerators, 

refrigerator-freezers, and freezers are 

limited to those products that can be 

operated by alternating current 

electricity, but excluding (A) any type 

designed to be used without doors; and 

(B) any type which does not include a 

compressor and condenser unit as an 

integral part of the cabinet assembly. 

See 42 U.S.C. 6292(a)(1). 

The framework document explains 

the issues, analyses, and process that 

DOE is considering for the development 

of energy efficiency standards for wine 

chillers and miscellaneous refrigeration 

products. An accompanying public 

meeting will be held that will focus on 

the analyses and issues contained in 

various sections of the framework 

document. DOE plans to present and 

solicit discussion regarding these issues. 

DOE will also make a brief presentation 

on the process that it plans to follow 

when evaluating potential standards for 

these products. 

DOE encourages anyone who wishes 

to participate in the public meeting to 

obtain and review the framework 

document and to be prepared to discuss 

its contents. A copy of the draft 

framework document is available at 

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

appliance_standards/residential/ 

refrigerators_freezers.html. 

However, public meeting participants 

need not limit their comments to the 

topics identified in the framework 

document. DOE is also interested in 

receiving views on other relevant issues 

that participants believe would affect 

energy conservation standards for these 

products. DOE invites all interested 

parties, whether or not they participate 

in the public meeting, to submit in 

writing by March 14, 2012, comments 

and information on matters addressed in 

the framework document and on other 

matters relevant to consideration of 

standards for wine chillers and 

miscellaneous refrigeration products. 

DOE will conduct the public meeting 

in an informal, facilitated, conference 

style. There shall be no discussion of 

proprietary information, costs or prices, 

market shares, or other commercial 

matters regulated by U.S. antitrust laws. 

A court reporter will record the minutes 

of the meeting, after which a transcript 

will be available for purchase from the 

court reporter and placed on the DOE 

Web site at www1.eere.energy.gov/ 

buildings/appliance_standards/ 

residential/refrigerators_freezers.htm. 

After the public meeting and the close 

of the comment period for the 

framework document, DOE will begin 

collecting data, conducting the analyses 

as discussed at the public meeting, and 

reviewing public comments. 

Anyone who wishes to participate in 

the public meeting, receive meeting 

materials, or be added to the DOE 

mailing list to receive future notices and 

information about wine chillers and 

miscellaneous refrigeration products 

should contact Ms. Brenda Edwards at 

(202) 586–2945. 

Issued in Washington, DC, on February 6, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–3261 Filed 2–10–12; 8:45 am] 

BILLING CODE 6450–01–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 404 

[Docket No. SSA–2010–0078] 

RIN 0960–AH28 

Revised Medical Criteria for Evaluating 

Visual Disorders 

AGENCY: Social Security Administration. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We propose to revise and 

reorganize the criteria in the Listing of 

Impairments (listings) that we use to 

evaluate cases involving visual 

disorders in adults and children under 

titles II and XVI of the Social Security 

Act (Act). The proposed revisions reflect 

our program experience and address 

adjudicator questions we have received 

since we last revised these criteria in 

2006. These proposed revisions reflect 

guidance we have issued in response to 

adjudicator questions and will ensure 

more timely adjudication of claims in 

which we evaluate visual impairments 

that involve a loss of visual acuity or 

loss of visual fields. 

DATES: To ensure that your comments 

are considered, we must receive them 

by no later than April 13, 2012. 

ADDRESSES: You may submit comments 

by any one of three methods—Internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2010–0078 so that we may 


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