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

34914 

Vol. 76, No. 115 

Wednesday, June 15, 2011 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2010–BT–DET–0040] 

RIN 1904–AC52 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of Set-Top 

Boxes and Network Equipment as a 

Covered Consumer Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed determination. 

SUMMARY: The U.S. Department of 

Energy (DOE) has determined 

tentatively that set-top boxes and 

network equipment qualify as a covered 

product under Part A of Title III of the 

Energy Policy and Conservation Act 

(EPCA), as amended. DOE has 

determined that set-top boxes and 

network equipment meet the criteria for 

covered products because classifying 

products of such type as covered 

products is necessary or appropriate to 

carry out the purposes of EPCA, and the 

average U.S. household energy use for 

set-top boxes and network equipment is 

likely to exceed 100 kilowatt-hours 

(kWh) per year. 

DATES: DOE will accept written 

comments, data, and information on this 

notice, but no later than July 15, 2011. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2008–BT–DET–0040, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

Brenda.Edwards@ee.doe.gov. Include 

EERE–2008–BT–DET–0040 and/or RIN 

1904–AC52 in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Proposed Determination for set-top 

boxes and network equipment, EERE– 

2008–BT–DET–0040 and/or RIN 1904– 

AC52, 1000 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 

rulemaking. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza, SW., 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 (202) 586–2945 for 

additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Wes Anderson, 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) 586–7335. E-mail: 

Wes.Anderson@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Elizabeth Kohl, U.S. 

Department of Energy, Office of the 

General Counsel, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Telephone: 

(202) 586–7796. E-mail: 

Elizabeth.Kohl@hq.doe.gov. 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Proposed Definition(s) 

IV. Evaluation of Set-Top Boxes and Network 

Equipment as a Covered Product Subject 

to Energy Conservation Standards 

A. Coverage Necessary or Appropriate To 

Carry Out Purposes of EPCA 

B. Average Household Energy Use 

V. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act of 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act of 2001 

K. Review Under Executive Order 13211 

L. Review Under the Information Quality 

Bulletin for Peer Review 

VI. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comments 

I. Statutory Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA), as amended 

(42 U.S.C. 6291 et seq.), sets forth 

various provisions designed to improve 

energy efficiency. Part A of Title III of 

EPCA (42 U.S.C. 6291–6309) established 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles,’’ which covers consumer 

products and certain commercial 

products (hereafter referred to as 

‘‘covered products’’).1 In addition to 

specifying a list of covered residential 

and commercial products, EPCA 

contains provisions that enable the 

Secretary of Energy to classify 

additional types of consumer products 

as covered products. For a given 

product to be classified as a covered 

product, the Secretary must determine 

that: 

(1) Classifying the product as a 

covered product is necessary for the 

purposes of EPCA; and 

(2) The average annual per-household 

energy use by products of such type is 

likely to exceed 100kWh per year. (42 

U.S.C. 6292(b)(1)) 

For the Secretary to prescribe an 

energy conservation standard pursuant 

to 42 U.S.C. 6295(o) and (p) for covered 

products added pursuant to 42 U.S.C. 

6292(b)(1), he must also determine that: 

(1) The average household energy use 

of the products has exceeded 150 

kilowatt-hours per household for a 12- 

month period, 

(2) The aggregate 12-month energy use 

of the products has exceeded 4.2 TWh, 

(3) Substantial improvement in energy 

efficiency is technologically feasible, 

and 

(4) Application of a labeling rule 

under 42 U.S.C. 6294 is unlikely to be 


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2Roth, K.W. et al. 2007. Residential 

Miscellaneous Electric Loads: Energy Consumption 

Characterization and Savings Potential. Prepared 

by TIAX LLC for DOE. 

3Lanzisera, S., Nordman, B., & Brown, R.E. 2010. 

Data Network Equipment Energy Use and Savings 

Potential in Buildings. ACEEE Summer Study on 

Energy Efficiency in Buildings. 

4National Telecommunications and Information 

Administration. 2010. Digital Nation: 21st Century 

America’s Progress Toward Universal Broadband 

Internet Access. Prepared for Department of 

Commerce. 

sufficient to induce manufacturers to 

produce, and consumers and other 

persons to purchase, covered products 

of such type (or class) that achieve the 

maximum energy efficiency that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(l)(1)). 

If DOE issues a final determination 

that set-top boxes and network 

equipment are a covered product, DOE 

will consider test procedures and energy 

conservation standards for set-top boxes 

and network equipment. DOE will 

determine if set-top boxes and network 

equipment satisfy the provisions of 42 

U.S.C. 6295(l)(1) during the course of 

any energy conservation standards 

rulemaking. 

II. Current Rulemaking Process 

DOE has not previously conducted an 

energy conservation standard 

rulemaking for set-top boxes and 

network equipment. If after public 

comment, DOE issues a final 

determination of coverage for this 

product, DOE will consider both test 

procedures and energy conservation 

standards for this product. 

With respect to test procedures, DOE 

will consider a proposed test procedure 

for measuring the energy efficiency, 

energy use or estimated annual 

operating cost of set-top boxes and 

network equipment during a 

representative average use cycle or 

period of use that is not unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) In a test procedure 

rulemaking, DOE initially prepares a 

notice of proposed rulemaking (NOPR) 

and allows interested parties to present 

oral and written data, views, and 

arguments with respect to such 

procedures. In prescribing new test 

procedures, DOE takes into account 

relevant information including 

technological developments relating to 

energy use or energy efficiency of settop boxes and network equipment. 

With respect to energy conservation 

standards, DOE is required to publish 

NOPR. The NOPR provides DOE’s 

proposal for potential energy 

conservations standards and a summary 

of the results of DOE’s supporting 

technical analysis. The details of DOE’s 

energy conservation standards analysis 

are provided in a technical support 

document (TSD) that describes the 

details of DOE’s analysis of both the 

burdens and benefits of potential 

standards, pursuant to 42 U.S.C. 

6295(o). Because set-top boxes and 

network equipment would be a product 

that is newly covered under 42 U.S.C. 

6292(b)(1), DOE would also consider as 

part of any energy conservation 

standard NOPR whether set-top boxes 

and network equipment satisfy the 

requirements of 42 U.S.C. 6295(l)(1). 

After the publication of the NOPR, DOE 

affords interested persons an 

opportunity during a period of not less 

than 60 days to provide oral and written 

comment. After receiving and 

considering the comments on the NOPR 

and not less than 90 days after the 

publication of the NOPR, DOE would 

issue the final rule prescribing any new 

energy conservation standards for settop boxes and network equipment. 

III. Proposed Definition(s) 

DOE proposes to add a definition for 

‘‘Set-top Boxes and Network 

Equipment’’ in the Code of Federal 

Regulations to clarify coverage of any 

potential test procedure or energy 

conservation standard that may arise 

from today’s proposed determination. 

There currently is no statutory 

definition of set-top boxes and network 

equipment. DOE has determined 

preliminarily that adding set-top boxes 

and network equipment as a covered 

product is justified. Accordingly, DOE 

proposes the following definition of settop boxes and network equipment to 

consider test procedures and energy 

conservation standards for set-top boxes 

and network equipment and to provide 

clarity for interested parties as it 

continues its analyses: 

A device whose principle function(s) 

are to receive television signals 

(including, but not limited to, over-theair, cable distribution system, and 

satellite signals) and deliver them to 

another consumer device, or to pass 

Internet Protocol traffic among various 

network interfaces. 

DOE seeks feedback from interested 

parties on its proposed definition of settop boxes and network equipment. 

IV. Evaluation of Set-Top Boxes and 

Network Equipment as a Covered 

Product Subject to Energy Conservation 

Standards 

The following sections describe DOE’s 

evaluation of whether set-top boxes and 

network equipment fulfill the criteria 

for being added as a covered product 

pursuant to 42 U.S.C. 6292(b)(1). As 

stated previously, DOE may classify a 

consumer product as a covered product 

if (1) classifying products of such type 

as covered products is necessary and 

appropriate to carry out the purposes of 

EPCA; and (2) the average annual perhousehold energy use by products of 

such type is likely to exceed 100 

kilowatt-hours (or its Btu equivalent) 

per year. 

A. Coverage Necessary or Appropriate 

To Carry Out Purposes of EPCA 

Coverage of set-top boxes and network 

equipment is necessary or appropriate 

to carry out the purposes of EPCA, 

which include: (1) To conserve energy 

supplies through energy conservation 

programs, and, where necessary, the 

regulation of certain energy uses; and 

(2) to provide for improved energy 

efficiency of motor vehicles, major 

appliances, and certain other consumer 

products. (42 U.S.C. 6201) The energy 

use of set-top boxes and network 

equipment has been increasing as 

Internet connections, cable television, 

and satellite television have become 

increasingly common in the last twenty 

years. Coverage of set top boxes and 

network equipment will enable the 

conservation of energy supplies through 

both labeling programs and the 

regulation of set-top box and network 

equipment energy use. The national 

energy use of set-top boxes and network 

equipment is estimated to be 24.8 

billion kilowatt-hours and increasing 

every year. Because there is significant 

variation in the annual energy 

consumption of different models 

currently available, technologies exist to 

reduce the energy consumption of settop boxes and network equipment. 

B. Average Household Energy Use 

DOE calculated average household 

energy use for set-top boxes and 

network equipment, in households that 

used the product, based on data from a 

report on residential miscellaneous 

electric loads,2 a study on network 

equipment energy use,3 and from a 

report on national household Internet 

access.4 These reports provide annual 

energy use per device, and the total 

number of devices in operation in the 

U.S. The percentage of households with 

a set-top box is 71%, and the percentage 

of households with Internet access is 

69%. Based on this data, DOE believes 

the presence of a set-top box within a 

household is highly correlated with the 

presence of network equipment. The 

total number of households in the U.S. 


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34916 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 

5Energy Information Administration. 2010. 

Annual Energy Outlook 2010. 

in 2010 was 115 million; 5 therefore, the 

number of households using set-top 

boxes and network equipment was 

approximately 82 million. The total 

household energy use of set-top boxes 

and network equipment was 24.8 billion 

kilowatt-hours (kWh) in 2010. Therefore 

the average U.S. per-household energy 

use for set-top boxes and network 

equipment in 2010 was 302 kilowatthours. Therefore, DOE tentatively 

determines that the average annual perhousehold energy use for set-top boxes 

and network equipment is likely to 

exceed 100 kWh. 

V. Procedural Issues and Regulatory 

Review 

DOE has reviewed its proposed 

determination of set-top boxes and 

network equipment under the following 

executive orders and acts. 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

has determined that coverage 

determination rulemakings do not 

constitute ‘‘significant regulatory 

actions’’ under section 3(f) of Executive 

Order 12866, Regulatory Planning and 

Review, 58 FR 51735 (Oct. 4, 1993). 

Accordingly, this proposed 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., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996) requires 

preparation of an initial regulatory 

flexibility analysis for any rule that, by 

law, must be proposed for public 

comment, unless the agency certifies 

that the proposed rule, if promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities. A regulatory flexibility analysis 

examines the impact of the rule on 

small entities and considers alternative 

ways of reducing negative effects. Also, 

as required by E.O. 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 impact 

of its rules on small entities are properly 

considered during the DOE rulemaking 

process. 68 FR 7990 (February 19, 2003). 

DOE makes its procedures and policies 

available on the Office of the General 

Counsel’s Web site at http:// 

www.gc.doe.gov. 

DOE reviewed today’s proposed 

determination under the provisions of 

the Regulatory Flexibility Act and the 

policies and procedures published on 

February 19, 2003. If adopted, today’s 

proposed determination would set no 

standards; they would only positively 

determine that future standards may be 

warranted and should be explored in an 

energy conservation standards and test 

procedure rulemaking. Economic 

impacts on small entities would be 

considered in the context of such 

rulemakings. On the basis of the 

foregoing, DOE certifies that the 

proposed determination, if adopted, 

would have no significant economic 

impact on a substantial number of small 

entities. Accordingly, DOE has not 

prepared a regulatory flexibility analysis 

for this proposed determination. DOE 

will transmit this certification and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

Small Business Administration for 

review under 5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

This proposed determination, which 

proposes to determine that set-top boxes 

and network equipment meet the 

criteria for a covered product for which 

the Secretary may prescribe an energy 

conservation standard pursuant to 42 

U.S.C. 6295(o) and (p), will impose no 

new information or record-keeping 

requirements. Accordingly, the Office of 

Management and Budget (OMB) 

clearance is not required under the 

Paperwork Reduction Act. (44 U.S.C. 

3501 et seq.) 

D. Review Under the National 

Environmental Policy Act of 1969 

In this notice, DOE proposes to 

positively determine that future 

standards may be warranted and that 

environmental impacts should be 

explored in an energy conservation 

standards rulemaking. DOE has 

determined that review under the 

National Environmental Policy Act of 

1969 (NEPA), Public Law 91–190, 

codified at 42 U.S.C. 4321 et seq. is not 

required at this time. NEPA review can 

only be initiated ‘‘as soon as 

environmental impacts can be 

meaningfully evaluated’’ (10 CFR 

1021.213(b)). This proposed 

determination would only determine 

that future standards may be warranted, 

but would not itself propose to set any 

specific standard. DOE has, therefore, 

determined that there are no 

environmental impacts to be evaluated 

at this time. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order (E.O.) 13132, 

‘‘Federalism’’ 64 FR 43255 (August 10, 

1999), imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. The Executive Order 

requires agencies to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and to assess carefully the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in developing 

regulatory policies that have Federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process that it will follow 

in developing such regulations. 65 FR 

13735 (March 14, 2000). DOE has 

examined today’s proposed 

determination and concludes that it 

would not preempt State law or have 

substantial direct effects on the States, 

on the relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the product that is the subject of today’s 

proposed determination. States can 

petition DOE for exemption from such 

preemption to the extent permitted, and 

based on criteria, set forth in EPCA. (42 

U.S.C. 6297) No further action is 

required by E.O. 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform’’ 61 FR 

4729 (February 7, 1996), imposes on 

Federal agencies the duty to: (1) 

Eliminate drafting errors and ambiguity; 

(2) write regulations to minimize 

litigation; (3) provide a clear legal 

standard for affected conduct rather 

than a general standard; and (4) promote 

simplification and burden reduction. 

Section 3(b) of E.O. 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation specifies the following: (1) 

The preemptive effect, if any; (2) any 

effect on existing Federal law or 

regulation; (3) a clear legal standard for 

affected conduct while promoting 


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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 34917 

simplification and burden reduction; (4) 

the retroactive effect, if any; (5) 

definitions of key terms; and (6) other 

important issues affecting clarity and 

general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of E.O. 12988 

requires Executive agencies to review 

regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether these standards are 

met, or whether it is unreasonable to 

meet one or more of them. DOE 

completed the required review and 

determined that, to the extent permitted 

by law, this proposed determination 

meets the relevant standards of E.O. 

12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4, codified at 2 U.S.C. 1501 et seq.) 

requires each Federal agency to assess 

the effects of Federal regulatory actions 

on State, local, and Tribal governments 

and the private sector. For regulatory 

actions likely to result in a rule that may 

cause expenditures by State, local, and 

Tribal governments, in the aggregate, or 

by the private sector of $100 million or 

more in any 1 year (adjusted annually 

for inflation), section 202 of UMRA 

requires a Federal agency to publish a 

written statement that estimates the 

resulting costs, benefits, and other 

effects on the national economy. (2 

U.S.C. 1532(a) and (b)) UMRA requires 

a Federal agency to develop an effective 

process to permit timely input by 

elected officers of State, local, and 

Tribal governments on a proposed 

‘‘significant intergovernmental 

mandate.’’ UMRA also requires an 

agency plan for giving notice and 

opportunity for timely input to small 

governments that may be potentially 

affected before establishing any 

requirement that might significantly or 

uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820 (March 18, 1997). 

(This policy also is available at http:// 

www.gc.doe.gov). DOE reviewed today’s 

proposed determination pursuant to 

these existing authorities and its policy 

statement and determined that the 

proposed determination contains 

neither an intergovernmental mandate 

nor a mandate that may result in the 

expenditure of $100 million or more in 

any year, so the UMRA requirements do 

not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act of 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

proposed determination would not have 

any impact on the autonomy or integrity 

of the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

Pursuant to E.O. 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’ 53 FR 8859 (March 15, 1988), 

DOE determined that this proposed 

determination would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act of 2001 

The Treasury and General 

Government Appropriation Act of 2001 

(44 U.S.C. 3516, note) requires agencies 

to review most disseminations of 

information they make to the public 

under guidelines established by each 

agency pursuant to general guidelines 

issued by the Office of Management and 

Budget (OMB). The OMB’s guidelines 

were published at 67 FR 8452 (February 

22, 2002), and DOE’s guidelines were 

published at 67 FR 62446 (October 7, 

2002). DOE has reviewed today’s 

proposed determination under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under Executive Order 13211 

E.O. 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use,’’ 66 

FR 28355 (May 22, 2001), requires 

Federal agencies to prepare and submit 

to OMB a Statement of Energy Effects 

for any proposed significant energy 

action. A ‘‘significant energy action’’ is 

defined as any action by an agency that 

promulgates a final rule or is expected 

to lead to promulgation of a final rule, 

and that: (1) Is a significant regulatory 

action under E.O. 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy; or 

(3) is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs (OIRA) as a significant energy 

action. For any proposed significant 

energy action, the agency must give a 

detailed statement of any adverse effects 

on energy supply, distribution, or use if 

the proposal is implemented, and of 

reasonable alternatives to the proposed 

action and their expected benefits on 

energy supply, distribution, and use. 

DOE has concluded that today’s 

regulatory action proposing to 

determine that Set-top Boxes and 

Network Equipment meets the criteria 

for a covered product for which the 

Secretary may prescribe an energy 

conservation standard pursuant to 42 

U.S.C. 6295(o) and (p) would not have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

This action is also not a significant 

regulatory action for purposes of E.O. 

12866, and the OIRA Administrator has 

not designated this proposed 

determination as a significant energy 

action under E.O. 12866 or any 

successor order. Therefore, this 

proposed determination is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects for this proposed 

determination. 

L. Review Under the Information 

Quality Bulletin for Peer Review 

On December 16, 2004, OMB, in 

consultation with the Office of Science 

and Technology Policy (OSTP), issued 

its Final Information Quality Bulletin 

for Peer Review (the Bulletin). 70 FR 

2664 (January 14, 2005). The Bulletin 

establishes that certain scientific 

information shall be peer reviewed by 

qualified specialists before it is 

disseminated by the Federal 

government, including influential 

scientific information related to agency 

regulatory actions. The purpose of the 

Bulletin is to enhance the quality and 

credibility of the Government’s 

scientific information. DOE has 

determined that the analyses conducted 

for this rulemaking do not constitute 

‘‘influential scientific information,’’ 

which the Bulletin defines as ‘‘scientific 

information the agency reasonably can 

determine will have or does have a clear 

and substantial impact on important 

public policies or private sector 

decisions.’’ 70 FR 2667 (January 14, 

2005). The analyses were subject to predissemination review prior to issuance 

of this rulemaking. 

DOE will determine the appropriate 

level of review that would be applicable 

to any future rulemaking to establish 

energy conservation standards for settop boxes and network equipment. 


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34918 Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Proposed Rules 

VI. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notice of 

proposed determination no later than 

the date provided at the beginning of 

this notice. After the close of the 

comment period, DOE will review the 

comments received and determine 

whether set-top boxes and network 

equipment is a covered product under 

EPCA. 

Comments, data, and information 

submitted to DOE’s e-mail address for 

this proposed determination should be 

provided in WordPerfect, Microsoft 

Word, PDF, or text (ASCII) file format. 

Submissions should avoid the use of 

special characters or any form of 

encryption, and wherever possible 

comments should include the electronic 

signature of the author. No 

telefacsimiles (faxes) will be accepted. 

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 two copies: One copy of 

the document should have all the 

information believed to be confidential 

deleted. DOE will make its own 

determination as to 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 or available from 

public sources; (4) whether the 

information has previously been made 

available to others without obligations 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting persons which would 

result from public disclosure; (6) a date 

after which such information might no 

longer be considered confidential; and 

(7) why disclosure of the information 

would be contrary to the public interest. 

B. Issues on Which DOE Seeks 

Comments 

DOE welcomes comments on all 

aspects of this proposed determination. 

DOE is particularly interested in 

receiving comments from interested 

parties on the following issues related to 

the proposed determination for set-top 

boxes and network equipment: 

• Definition(s) of set-top boxes and 

network equipment; 

• Whether classifying set-top boxes 

and network equipment as a covered 

product is necessary or appropriate to 

carry out the purposes of EPCA; 

• Calculations and values for 

household and national energy 

consumption; and 

• Availability or lack of availability of 

technologies for improving energy 

efficiency of set-top boxes and network 

equipment. 

The Department is interested in 

receiving views concerning other 

relevant issues that participants believe 

would affect DOE’s ability to establish 

test procedures and energy conservation 

standards for set-top boxes and network 

equipment. The Department invites all 

interested parties to submit in writing 

by July 15, 2011, comments and 

information on matters addressed in this 

notice and on other matters relevant to 

consideration of a determination for settop boxes and network equipment. 

After the expiration of the period for 

submitting written statements, the 

Department will consider all comments 

and additional information that is 

obtained from interested parties or 

through further analyses, and it will 

prepare a final determination. If DOE 

determines that set-top boxes and 

network equipment qualify as a covered 

product, DOE will consider a test 

procedure and energy conservation 

standards for set-top boxes and network 

equipment. Members of the public will 

be given an opportunity to submit 

written and oral comments on any 

proposed test procedure and standards. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on June 8, 2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–14825 Filed 6–14–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0567; Directorate 

Identifier 2010–NM–272–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 767 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD would require modification of the 

fluid drain path in the leading edge area 

of the wing. This proposed AD was 

prompted by a design review following 

a ground fire incident and reports of 

flammable fluid leaks from the wing 

leading edge area onto the engine 

exhaust area. We are proposing this AD 

to prevent flammable fluid from leaking 

onto the engine exhaust nozzle which 

could result in a fire. 

DATES: We must receive comments on 

this proposed AD by August 1, 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: Deliver to Mail 

address above 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; phone: 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 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: 

Tung Tran, Aerospace Engineer, 


jlentini on DSK4TPTVN1PROD with PROPOSALS