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

16443 

Vol. 78, No. 51 

Friday, March 15, 2013 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2012–BT–STD–0045] 

RIN 1904–AC87 

Energy Efficiency Program for 

Consumer Products: Energy 

Conservation Standards for Ceiling 

Fans and Ceiling Fan Light Kits 

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 initiating the 

rulemaking and data collection process 

to consider amending the energy 

conservation standards for ceiling fans 

and ceiling fan light kits. DOE also 

plans to conduct a test procedure 

rulemaking for these products. To 

inform interested parties and to 

facilitate this process, DOE has prepared 

a Framework Document that details the 

analytical approach and scope of 

coverage for the rulemaking, and 

identifies several issues on which DOE 

is particularly interested in receiving 

comment. DOE will hold an informal 

public meeting to discuss and receive 

comments on its analytical approach 

and issues it will address in this 

rulemaking proceeding. DOE welcomes 

written comments and relevant data 

from the public on any subject within 

the scope of this rulemaking. 

DATES: Meeting: DOE will hold a public 

meeting on Friday, March 22, 2013 from 

9:00 a.m. to 2:00 p.m. in Washington, 

DC. Additionally, DOE plans to conduct 

the public meeting via webinar. You 

may attend the public meeting via 

webinar, and registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants will be 

published on DOE’s Web site at: 

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

appliance_standards/rulemaking.aspx/ 

ruleid/65 and http://www1.eere.

energy.gov/buildings/

appliance_standards/rulemaking.aspx/ 

ruleid/66. Participants are responsible 

for ensuring that their systems are 

compatible with the webinar software. 

DOE must receive requests to speak at 

the public meeting before 4:00 p.m. 

Friday, March 15, 2013. DOE must 

receive an electronic copy of the 

statement with the name and, if 

appropriate, the organization of the 

presenter to be given at the public 

meeting before 4:00 p.m., Friday, March 

15, 2013. 

Comments: DOE will accept written 

comments, data, and information 

regarding the Framework Document 

before and after the public meeting, but 

no later than April 29, 2013. 

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. See, 

Public Participation in SUPPLEMENTARY

INFORMATION for meeting details. 

Interested parties are encouraged to 

submit comments electronically. 

However, commenters may be 

submitted by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: CeilingFanLightKits2012STD

0045@ee.doe.gov. Include docket 

number EERE–2011–BT–STD–0045 

and/or regulatory identification number 

(RIN) 1904–AC87 in the subject line of 

the message. All comments should 

clearly identify the name, address, and, 

if appropriate, organization of the 

commenter. Submit electronic 

comments in Word Perfect, Microsoft 

Word, PDF, or ASCII file format, and 

avoid the use of special characters or 

any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Framework Document for Ceiling Fans 

and Ceiling Fan Light Kits, Docket No. 

EERE–2010–BT–STD–0045 and/or RIN 

1904–AC87, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. If possible, please submit all items 

on a compact disc (CD), in which case 

it is not necessary to include printed 

copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, Sixth 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. If possible, 

please submit all items on a CD, in 

which case it is not necessary to include 

printed copies. 

Instructions: All submissions received 

must include the agency name and 

docket number and/or RIN for this 

rulemaking. No telefacsimilies (faxes) 

will be accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting document/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed 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/#!docketDetail;

dct=FR%252BPR%252BN%252BO%

252BSR%252BPS;

rpp=25;po=25;D=EERE-2012-BT-STD0045. This Web page contains a link to 

the docket for this notice on the 

www.regulations.gov Web site. The 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

For information on how to submit a 

comment, review other public 

comments and the docket, or participate 

in the public meeting, contact Ms. 

Brenda Edwards at (202) 586–2945 or by 

email: Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lucy deButts, 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) 287–1604. Email: 

ceiling_fan_light_kits@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 

For information on how to submit or 

review public comments and on how to 

participate in the public meeting, 

contact Ms. Brenda Edwards, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 


srobinson on DSK4SPTVN1PROD with PROPOSALS
16444 Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Proposed Rules 

1For editorial reasons, upon codification in the 

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

2All references to EPCA in this document refer 

to the statute as amended through the American 

Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

Building Technologies Program, EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone (202) 586–2945. Email: 

Brenda.Edwards@ee.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. 

6291–6309, as codified) sets forth a 

variety of provisions designed to 

improve energy efficiency and 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, a program covering 

most major household appliances 

(collectively referred to as ‘‘covered 

products’’).2

These include the types of ceiling fans 

and ceiling fan light kits that are the 

subject of this rulemaking. (42 U.S.C. 

6295(ff)) This program authorizes DOE 

to establish technologically feasible, 

economically justified energy efficiency 

regulations for certain products and 

equipment that would be likely to result 

in substantial national energy savings. 

(42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII)) 

The Energy Policy Act of 2005 

(EPACT 2005), Public Law 109–58, 

amended EPCA and established energy 

conservation standards for ceiling fans 

and ceiling fan light kits, as well as 

requirements for determining whether 

these standards should be amended. (42 

U.S.C. 6295(ff)) Specifically, EPACT 

2005 set design standards for ceiling 

fans and provided that DOE may 

consider and issue energy efficiency or 

energy use standards for electricity used 

by ceiling fans to circulate air in a room. 

(42 U.S.C. 6295(ff)(1) and (6)) For 

ceiling fan light kits, EPACT 2005 set 

energy conservation standards for 

ceiling fan light kits with medium screw 

base sockets, as well as pin-based 

sockets. (42 U.S.C. 6295(ff)(2)–(3)) The 

statute also directed DOE to consider 

and issue requirements for other types 

of ceiling fan light kits (including 

candelabra screw base sockets) by 

January 1, 2007, and if DOE failed to 

issue such standards by the date 

specified, the statute provided for an 

alternative set of requirements for 

ceiling fan light kits manufactured after 

January 1, 2010. (42 U.S.C. 6295(ff)) 

After January 1, 2010, DOE may again 

consider amended energy efficiency 

standards for ceiling fan light kits, 

standards that would apply to products 

manufactured not earlier than two years 

after the date of publication of the final 

rule. (42 U.S.C. 6295(ff)(5)) 

EPCA defines a ‘‘ceiling fan’’ as ‘‘a 

nonportable device that is suspended 

from a ceiling for circulating air via the 

rotation of fan blades’’ (42 U.S.C. 

6291(49)), and it defines a ‘‘ceiling fan 

light kit’’ as ‘‘equipment designed to 

provide light from a ceiling fan that can 

be—(A) integral, such that the 

equipment is attached to the ceiling fan 

prior to the time of retail sale; or (B) 

attachable, such that at the time of retail 

sale the equipment is not physically 

attached to the ceiling fan, but may be 

included inside the ceiling fan at the 

time of sale or sold separately for 

subsequent attachment to the fan.’’ (42 

U.S.C. 6291(50)) 

Under this statutory structure, DOE 

promulgated design standards for 

ceiling fans, performance standards for 

ceiling fan light kits and test procedures 

for both ceiling fans and ceiling fan light 

kits. In a final rule technical amendment 

published in the Federal Register on 

October 18, 2005, DOE codified the 

statutory design standards for ceiling 

fans and the performance standards for 

ceiling fan light kits in the CFR at 10 

CFR 430.32(s). 70 FR 60407, 60413. An 

additional final rule technical 

amendment published in the Federal 

Register on January 11, 2007, codified 

standards for light kits with sockets 

other than medium-screw base or pinbased fluorescent lamps in the CFR. 72 

FR 1270. In a final rule published in the 

Federal Register on December 8, 2006, 

DOE adopted test procedures for ceiling 

fans and ceiling fan light kits at 10 CFR 

part 430, subpart B, appendix U and 

appendix V, respectively. 71 FR 71340, 

71366–67. 

DOE is initiating this rulemaking 

pursuant to 42 U.S.C. 6295(ff)(5)–(6), 

which allows DOE to consider 

establishing or amending energy 

conservation standards for ceiling fans 

and ceiling fan light kits, and 42 U.S.C. 

6295(r), which requires DOE to 

prescribe test procedures for new or 

amended energy conservation 

standards. In addition to considering the 

energy consumption of these products 

in active mode, 42 U.S.C. 6295(gg) 

requires DOE to consider the standby 

mode and off mode energy consumption 

of ceiling fans and ceiling fan light kits 

in amending both its test procedures 

and energy conservation standards. 

To initiate the ceiling fan and ceiling 

fan light kit energy conservation 

standards rulemaking, DOE has 

prepared this Framework Document to 

explain the relevant issues, analyses, 

and processes it anticipates using in 

considering amended energy 

conservation standards for these 

products. 

This Framework Document also 

includes DOE’s preliminary review of 

relevant industry test procedures and 

testing methods used to characterize the 

performance of ceiling fans and ceiling 

fan light kits in all modes of operation. 

DOE has also included in this 

Framework Document a detailed 

summary of key issues that DOE is 

considering in developing its own test 

procedures and for use in developing 

energy conservation standards for 

ceiling fans and ceiling fan light kits. In 

addition, DOE has identified issues 

regarding the testing of ceiling fans and 

ceiling fan light kits on which it is 

seeking comment. DOE will consider 

the feedback received in response to this 

Framework Document in developing 

proposed test procedures for ceiling fans 

and ceiling fan light kits. DOE intends 

to issue a separate notice of proposed 

rulemaking (NOPR) addressing the test 

procedures for ceiling fans and ceiling 

fan light kits. When the test procedure 

final rule is published, DOE will have 

complied with the statutory 

requirements to review ceiling fan and 

ceiling fan light kit test procedures at 

least once every 7 years (42 U.S.C. 

6293(b)(1)(A)) and to include where 

applicable, test procedures with new or 

amended energy conservation standards 

(42 U.S.C. 6295(r)). 

The primary focus of the public 

meeting noted above will be to discuss 

the analyses presented and issues 

identified in the Framework Document. 

At the public meeting, DOE will make 

presentations and invite discussion on 

the rulemaking process as it applies to 

certain ceiling fans and ceiling fan light 

kits. DOE will also solicit comments, 

data, and information from participants 

and other interested parties. In addition, 

DOE will invite comment on its 

preliminary determination of the scope 

of coverage for the ceiling fan energy 

conservation standards and its 

preliminary analysis regarding the 

development of test procedures for 

ceiling fans and ceiling fan light kits. 

DOE is planning to conduct in-depth 

technical analyses in the following 

areas: (1) Engineering; (2) energy-use 

characterization; (3) product price; (4) 

life-cycle cost and payback period; (5) 

national impacts; (6) manufacturer 

impacts; (7) utility impacts; (8) 

employment impacts; (9) emission 

impacts; and (10) regulatory impacts. 

DOE will also conduct several other 

analyses that support those previously 

listed, including the market and 

technology assessment, the screening 

analysis (which contributes to the 

engineering analysis), and the 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 51 / Friday, March 15, 2013 / Proposed Rules 16445 

shipments analysis (which contributes 

to the national impact analysis). 

Public Participation: DOE encourages 

those who wish to participate in the 

public meeting to obtain the Framework 

Document and be prepared to discuss its 

contents. A copy of the Framework 

Document is available at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/rulemaking.aspx/ 

ruleid/65 and http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/rulemaking.aspx/ 

ruleid/66. 

Please note that foreign nationals 

planning to participate in the public 

meeting are subject to advance security 

screening procedures. If a foreign 

national wishes to participate in the 

public meeting, please inform DOE of 

this fact as soon as possible by 

contacting Ms. Brenda Edwards at (202) 

586–2945 so that the necessary 

procedures can be completed. Please 

note that any person wishing to bring a 

laptop computer into the Forrestal 

Building will be required to obtain a 

property pass. Visitors should avoid 

bringing laptops, or allow an extra 45 

minutes. 

Public meeting participants need not 

limit their comments to the issues 

identified in the Framework Document. 

DOE is also interested in comments on 

other relevant issues that participants 

believe would affect energy 

conservation standards or energy use 

standards for these products, associated 

test procedures, or the preliminary 

determination on the scope of coverage. 

DOE invites all interested parties, 

whether or not they participate in the 

public meeting, to submit in writing by 

April 29, 2013, comments and 

information on matters addressed in the 

Framework Document and on other 

matters relevant to DOE’s consideration 

of amended energy conservation 

standards for ceiling fans and ceiling fan 

light kits. 

The public meeting will be conducted 

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 

proceedings of the public meeting, after 

which a transcript will be available for 

purchase from the court reporter and 

will be placed on the DOE Web site at: 

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

appliance_standards/rulemaking.aspx/ 

ruleid/65 and http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/rulemaking.aspx/ 

ruleid/66. 

After the public meeting and the close 

of the comment period on the 

Framework Document, DOE will begin 

collecting data, conducting the analyses 

described in the Framework Document 

and at the public meeting, and 

reviewing the public comments. Those 

actions will assist in developing an 

energy conservation standards NOPR 

and separate test procedure NOPR for 

ceiling fans and ceiling fan light kits. 

DOE considers public participation to 

be a vital part of the process for 

considering amended energy 

conservation standards. DOE actively 

encourages the participation and 

interaction of the public during the 

comment period established for each 

stage of the rulemaking process. 

Beginning with the Framework 

Document and during each subsequent 

public meeting and comment period, 

interactions with and among members 

of the public provide a balanced 

discussion of the issues and assist DOE 

in the standards rulemaking process. 

Accordingly, 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 this 

rulemaking should contact Ms. Brenda 

Edwards at (202) 586–2945, or via email 

at Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on March 8, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–06019 Filed 3–14–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Parts 1 and 54 

[REG–138006–12] 

RIN 1545–BL33 

Shared Responsibility for Employers 

Regarding Health Coverage; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to notice of proposed 

rulemaking and notice of public 

hearing. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking and notice of public hearing 

(REG–138006–12) that was published in 

the Federal Register on Wednesday, 

January 2, 2013 (78 FR 218). The 

proposed regulations provide guidance 

under section 4980H of the Internal 

Revenue Code with respect to the 

shared responsibility for employers 

regarding employee health coverage. 

FOR FURTHER INFORMATION CONTACT: 

Kathryn Johnson at (202) 927–9639 (not 

a toll free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

and notice of public hearing (REG– 

138006–12) that is the subject of these 

corrections are under Section 4980H of 

the Internal Revenue Code. 

Need for Correction 

As published, the notice of proposed 

rulemaking and notice of public hearing 

(REG–138006–12) contains errors that 

may prove to be misleading and are in 

need of clarification. 

Correction of Publication 

Accordingly, the notice of proposed 

rulemaking and notice of public hearing 

(REG–138006–12), that was the subject 

of FR Doc. 2012–31269, is corrected as 

follows: 

■ 1. On page 228, in the preamble, 

column 3, under the paragraph heading 

‘‘4. Employees Rehired After 

Termination of Employment or 

Resuming Service After Other 

Absence’’, line 10 of the first full 

paragraph, the language ‘‘section 2708 

of the Affordable Care Act).’’ is 

corrected to read ‘‘section 2708 of the 

Public Health Service Act).’’ 

■ 2. On page 236, in the preamble, 

column 2, under the paragraph heading 

‘‘A. Plans With Fiscal Year Plan Years’’, 

line 3 of the second paragraph, the 

language ‘‘members of applicable large 

employer’’ is corrected to read 

‘‘applicable large employer’’. 

■ 3. On page 238, in the preamble, 

column 1, under the paragraph heading 

‘‘D. Applicable Large Employer 

Members Participating in 

Multiemployer Plans’’, the last 

paragraph of the column, and the 

beginning paragraph of column 2, the 

language ‘‘Under this transition rule, an 

applicable large employer member will 

not be treated as failing to offer the 

opportunity to enroll in minimum 

essential coverage to a full-time 

employee (and the employee’s 

dependents) for purposes of section 

4980H(a), and will not be subject to a 

penalty under section 4980H(b) with 

respect to a full-time employee if (i) the 

employer is required to make a 

contribution to a multiemployer plan 

with respect to the full-time employee 

pursuant to a collective bargaining 

agreement or an appropriate related 

participation agreement, (ii) coverage 

under the multiemployer plan is offered 


srobinson on DSK4SPTVN1PROD with PROPOSALS