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 

### 18718

Vol. 77, No. 60

Wednesday, March 28, 2012

1 Under the proposed rule, DOE would require Federal fleets to include the alternative fuel consumed by exempt vehicles and LSEVs indetermining compliance with the statutorilyrequired increase in alternative fuel consumption. **DEPARTMENT OF ENERGY**

**10 CFR Part 438**

**RIN 1904–AB98**

**Petroleum Reduction and Alternative Fuel Consumption Requirements for**  **Federal Fleets**

**AGENCY :**  Office of Energy Efficiency and Renewable Energy, Department of Energy.

**ACTION :**  Request for information.

**SUMMARY :**  On March 12, 2012, the Department of Energy (DOE) issued a notice of proposed rulemaking to implement section 142 of the Energy Independence and Security Act of 2007, which amended the Energy Policy and Conservation Act and directed the Secretary of Energy to issue implementing regulations for a statutorily-required reduction in petroleum consumption and increase in alternative fuel consumption for Federal fleets. With this Request for Information (RFI), DOE requests public comment on whether the proposed method for calculating the fiscal year 2005 alternative fuel consumption baseline should include the alternative fuelconsumed by exempt vehicles and lowspeed electric vehicles.

**DATES :**  Public comment on this RFI will be accepted until April 27, 2012.

**ADDRESSES :**  You may submit comments, identified by RIN 1904–AB98, by any of the following methods:

1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

2. Email: EISA

_ 142

_ Comments@ee.doe.gov. Include RIN 1904–AB98 in the subject line of the email. Please include the full body of your comments in the text of the message or as an attachment.

3. Mail: Address written comments to Cyrus Nasseri, U.S. Department of Energy, Federal Energy Management Program (EE–2L), 1000 Independence Avenue SW., Washington, DC 20585. Due to potential delays in DOE’s receipt and processing of mail sent through the U.S. Postal Service, we encourage respondents to submit comments electronically to ensure timely receipt.

This RFI and any comments that DOE receives will be made available on the Federal Energy Management Program’s Sustainable Federal Fleets Web site at https://federalfleets.energy.gov/ federal

_requirements/notices

_rules.

**FOR FURTHER INFORMATION CONTACT :**  Cyrus Nasseri, U.S. Department of Energy, Federal Energy Management Program (EE–2L), 1000 Independence Avenue SW., Washington, DC 20585, email: Cyrus.Nasseri@ee.doe.gov; or Michael Jensen, U.S. Department of Energy, Office of the General Counsel (GC–71), 1000 Independence Avenue SW., Washington, DC 20585, email: Michael.Jensen@hq.doe.gov.

**SUPPLEMENTARY INFORMATION :**  On March 12, 2012, the Department of Energy (DOE) issued a notice of proposed rulemaking to implement section 142 of the Energy Independence and Security Act of 2007 (EISA, Pub. L. 110–140), which amended the Energy Policy and Conservation Act of 1975 (Pub. L. 94– 163) and directed the Secretary of Energy to issue implementing regulations for a statutorily-required reduction in petroleum consumption and increase in alternative fuel consumption for Federal fleets (77 FR 14,482 (Mar. 12, 2012)). For additional background on, and a discussion of the statutory authority for, the proposed rule, please refer to the discussion contained in the **SUPPLEMENTARY**
**INFORMATION** of the proposed rule.

Section 142 of EISA provides that not later than October 1, 2015, and for each year thereafter, Federal fleets ‘‘shall achieve at least * * * a 10 percent increase in alternative fuel consumption, as calculated from the baseline established by the Secretary for fiscal year [(FY)] 2005.’’ Pursuant to section 438.102(b) of the proposed rule, the alternative fuel consumption baseline values would be the same as the values reported for Federal fleets through the Federal Automotive Statistical Tool Web-based reporting system (FAST) for FY 2005. Moreover, section 438.102(b) would require Federal fleets with extremely low alternative fuel use to be subject to a proposed minimum alternative fuel consumption baseline. The minimum baseline would be the greater of (1) the amount of alternative fuel consumed by that Federal fleet in FY 2005, expressed in gallon of gasoline equivalent (GGEs), as reflected in FY 2005 FAST data, or (2) the lesser of (a) five percent of total Federal fleet vehicle fuel (petroleum and alternative fuel) consumption and (b) 500,000 GGEs.

DOE notes that the wording of section 438.102(b) potentially could cause confusion as to whether the alternative fuel consumed by exempt vehicles and low-speed electric vehicles (LSEVs) would be required to be included in the calculation of the FY 2005 baseline. At first glance, the proposed regulatory text specifies how to calculate the FY 2005 baseline for each ‘‘Federal fleet.’’ As defined under section 438.2(l), the term ‘‘Federal fleet’’ as proposed would not include exempt vehicles and certain types of LSEVs; thus, section 438.102(b) would appear to exclude from the calculation of the FY 2005 alternative fuel consumption baseline the amount of alternative fuel consumed by exempt vehicles and LSEVs. This approach potentially would result in a less stringent mandate for increased alternative fuel consumption by allowing each Federal fleet to account for the alternative fuel consumed by two categories of motor vehicles in determining statutory compliance that would not be considered in the calculation of the FY 2005 baseline. 1

However, section 438.102(b) also provides detailed instruction on how to calculate the FY 2005 baseline with respect to annual ‘‘alternative fuel consumption.’’ As defined under section 438.2(d), the term ‘‘alternative fuel consumption’’ as proposed expressly includes the alternative fuel consumed in exempt vehicles and LSEVs; thus, section 438.102(b) could be interpreted to include the amount of alternative fuel consumed by exempt vehicles and LSEVs in calculating the FY 2005 alternative fuel consumption baseline. DOE further notes that the

**SUPPLEMENTARY INFORMATION** of the proposed rule also suggests that the FY 2005 alternative fuel consumption baseline calculation could include the


### 18719 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules

alternative fuel consumed by exempt vehicles and LSEVs. Specifically, the

**SUPPLEMENTARY INFORMATION** provides that ‘‘a correction [of the FY 2005 alternative fuel consumption baseline] might be requested in the event that the Federal fleet’s alternative fuel use value for FY 2005 submitted through FAST did not include the electricity used in the Federal fleet’s LSEVs.’’ Moreover, the alternative fuel consumption baseline data set forth in Table III.1 of the proposed rule includes the alternative fuel consumed by exempt vehicles and LSEVs.

DOE notes that an approach that required the inclusion of alternative fuel consumed by exempt vehicles and LSEVs in the FY 2005 alternative fuel baseline would be consistent with the existing method for baseline calculation under the alternative fuel consumption requirements of Executive Order 13423. Moreover, such an approach could require each Federal fleet to consume greater amounts of alternative fuel toensure compliance with the statutorilyrequired increase in alternative fuel consumption as compared to an approach that did not account for the alternative fuel consumed by exempt vehicles and LSEVs in its baseline calculation.

With this Request for Information, DOE requests public comment on the whether the FY 2005 alternative fuel consumption baseline should include the alternative fuel consumed by exempt vehicles and LSEVs. DOE also requests comment on other potential approaches to complying with the statutorily-required increase in alternative fuel consumption.

Issued in Washington, DC, on March 20,
2012. Timothy D. Unruh, Program Manager, Federal Energy Management Program.
[FR Doc. 2012–7436 Filed 3–27–12; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 39**

**[Docket No. FAA–2012–0327; Directorate Identifier 2011–NM–125–AD]** 

**RIN 2120–AA64**

**Airworthiness Directives; The Boeing Company Airplanes** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT. **ACTION :**  Notice of proposed rulemaking (NPRM).

**SUMMARY :**  We propose to supersede an existing airworthiness directive (AD) that applies to certain The Boeing Company Model DC–10–10, DC–10– 10F, DC–10–15, DC–10–30, DC–10–30F (KC–10A and KDC–10), DC–10–40, DC– 10–40F, MD–10–10F, and MD–10–30F airplanes. The existing AD currently requires installing or replacing with improved parts, as applicable, the bonding straps between the metallic frame of the fillet and the wing leading edge ribs, on both the left and right sides of the airplane. The existing AD also requires, for certain airplanes, repositioning or replacing two bonding straps, doing a bonding-resistance check and an inspection to determine correct installation of certain bonding straps, and applicable corrective actions. Since we issued that AD, we have determined that additional actions are necessary to address the identified unsafe condition. This proposed AD would add airplanes to the applicability and retain the requirements of the existing AD. This proposed AD would also require, depending on the airplane configuration, installing new braided bonding straps, inspecting to determine if a certain strap is installed and replacing with or installing a braided bonding strap if necessary, measuring the electrical resistance of the bonding straps, verifying that brackets have an acceptable fillet seal, and corrective actions if necessary. We are proposing this AD to reduce the potential of ignition sources inside fuel tanks in the event of a severe lightning strike, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

**DATES :**  We must receive comments on this proposed AD by May 14, 2012.

**ADDRESSES :**  You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, 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, 3855 Lakewood Boulevard, MC D800–0019, Long Beach, California 90846–0001; telephone 206–544–5000, extension 2; fax 206–766–5683; email dse.boecom@boeing.com; Internet https://www.myboeingfleet. 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 :**  Samuel Lee, Aerospace Engineer, Propulsion Branch, ANM–140L, FAA, Los Angeles Aircraft Certification Office, 3960 Paramount Boulevard, Lakewood, California 90712–4137; phone: 562–627–5262; fax: 562–627– 5210; email: Samuel.Lee@faa.gov.

**SUPPLEMENTARY INFORMATION :** 
Comments Invited

We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the

**ADDRESSES** section. Include ‘‘Docket No. FAA–2012–0327; Directorate Identifier 2011–NM–125–AD’’ at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed AD because of those
comments.

We will post all comments we receive, without change, to http:// www.regulations.gov, including any personal information you provide. We will also post a report summarizing each substantive verbal contact we receive about this proposed AD.

Discussion

On December 17, 2009, we issued AD 2009–26–17, Amendment 39–16156 (74 FR 69268, December 31, 2009), for certain Boeing Model DC–10–10, DC–