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

7673

Vol. 70, No. 30

Tuesday, February 15, 2005

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 431 

[Docket No. EE–RM/STD–01–375] 

RIN 1904–AB09 

Energy Conservation Program for 

Commercial and Industrial Equipment: 

Energy Conservation Standards for 

Commercial Unitary Air Conditioners 

and Heat Pumps

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy (DOE).

ACTION: Advance notice of proposed 

rulemaking; availability of the ‘‘Joint 

Stakeholders Comments’’ and 

opportunity for comment. 

SUMMARY: DOE announces the 

availability of the ‘‘Joint Stakeholders 

Comments on Standards for Commercial 

Package Air Conditioners and Heat 

Pumps’’ (hereafter ‘‘Joint Stakeholders 

Comments’’) and an opportunity for 

public comment. DOE received the Joint 

Stakeholders Comments from a group of 

nineteen stakeholders in response to 

DOE’s advance notice of proposed 

rulemaking (ANOPR) concerning 

standards for commercial unitary air 

conditioners and heat pumps. This 

notice informs the public of the 

recommended minimum energy 

efficiency standards presented in the 

Joint Stakeholders Comments. To help 

DOE determine the appropriate next 

step in this rulemaking, DOE invites 

interested members of the public who 

did not join in the Joint Stakeholders 

Comments to submit any comments 

they may have on the Joint Stakeholders 

Comments, including the 

recommendation for expediting the 

proceedings by adopting these 

recommended efficiency standards 

through a direct final rule.

DATES: DOE will accept written 

comments, data, and information 

regarding the Joint Stakeholders 

Comments until, but no later than 4 

p.m., April 1, 2005.

ADDRESSES: A document entitled ‘‘Joint 

Stakeholders Comments on Standards 

for Commercial Package Air 

Conditioners and Heat Pumps, Docket 

EE–RM/STD–01–375’’ is available for 

review on the Internet at: http://

www.eere.energy.gov/buildings/

appliance_standards/commercial/cuac_

anopr.html or from Ms. Brenda 

Edwards-Jones, U.S. Department of 

Energy, Building Technologies Program, 

EE–2J, Room 1J–018, 1000 

Independence Ave., SW., Washington, 

DC 20585, or by telephone (202) 586–

2945. 

You may submit comments, identified 

by EE–RM/STD–01–375 or RIN Number 

1904–AB09, by any of the following 

methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: commercialairconditioner.

anopr@ee.doe.gov with ‘‘Joint 

Stakeholders Comments on Standards 

for Commercial Air Conditioners and 

Heat Pumps’’ in the subject line. 

• Mail: Ms. Brenda Edwards-Jones, 

U.S. Department of Energy, Building 

Technologies Program, EE–2J, Room 1J–

018, 1000 Independence Ave., SW., 

Washington, DC 20585. 

• Fax: (202) 586–4617.

FOR FURTHER INFORMATION CONTACT:

James Raba, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Telephone: 

(202) 586–8654. E-mail: 

jim.raba@ee.doe.gov or Francine Pinto, 

U.S. Department of Energy, Office of 

General Counsel, GC–72, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Telephone: 

(202) 586–9507. E-mail: 

francine.pinto@hq.doe.gov.

SUPPLEMENTARY INFORMATION: On July 

29, 2004, DOE published in the Federal 

Register an ANOPR to solicit public 

comments on its preliminary analyses 

concerning possible energy efficiency 

standards for certain commercial 

unitary air conditioners and heat pumps 

with rated cooling capacities of 65,000 

British thermal units per hour (Btu/h) 

and greater, but less than 240,000 Btu/

h. This rulemaking was initiated under 

the authority of the Energy Policy and 

Conservation Act (42 U.S.C. 6311 et 

seq.) (EPCA). In response to the ANOPR, 

a group of nineteen stakeholders 

submitted to DOE a set of joint 

comments. That group of stakeholders 

(hereafter ‘‘Joint Stakeholders’’) 

includes: the Air-Conditioning and 

Refrigeration Institute; the American 

Council for an Energy-Efficient 

Economy; Aaon, Inc.; The Alliance to 

Save Energy; the Appliance Standards 

Awareness Project; Armstrong Air 

Conditioning Inc.; the California Energy 

Commission; Carrier Corporation; 

Daikin Industries, Ltd.; Lennox 

International Inc.; Mammoth, Inc.; 

McQuay International; the Natural 

Resources Defense Council; Nordyne 

Inc.; Northeast Energy Efficiency 

Partnerships; Rheem Manufacturing 

Company; Sanyo Fisher (USA) Corp.; 

Trane/American Standard Inc.; and 

York International Corp. 

The Joint Stakeholders Comments 

recommend the adoption of certain 

energy efficiency standards that the 

Joint Stakeholders assert meet the 

applicable statutory requirements. 

Specifically, the Joint Stakeholders 

recommend minimum energy efficiency 

ratios (EERs) and coefficients of 

performance (COPs) for certain 

commercial package air conditioners 

and heat pumps, respectively, as 

follows:

Air-cooled products Efficiency standards 

≥65,000 — < 135,000 Btu/h ....................................................................................................................... 11.2/11.0 EER for Air Conditioners. 

11.0/10.8 EER for Heat Pumps. 

3.3 COP @47°F for Heat Pumps. 

≥135,000 — < 240,000 Btu/h ..................................................................................................................... 11.0/10.8 EER for Air Conditioners. 

10.6/10.4 EER for Heat Pumps. 


EE-RM-STD-01-375 COMMENT 32
7674 Federal Register / Vol. 70, No. 30 / Tuesday, February 15, 2005 / Proposed Rules 

Air-cooled products Efficiency standards 

3.2 COP @47°F for Heat Pumps. 

The Joint Stakeholders Comments 

further ask DOE to adopt January 1, 

2010, as the effective date for 

compliance with the recommended 

minimum efficiency standards. The 

Comments state that this date was 

chosen to coincide with a change in the 

refrigerant used in these systems 

mandated by the Clean Air Act, as 

amended. (42 U.S.C. 7401 et seq.) The 

Joint Stakeholders urge DOE to issue a 

notice of proposed rulemaking (NOPR) 

or a direct final rule that would adopt 

the Joint Stakeholders’ recommended 

minimum efficiency standards. The 

Joint Stakeholders Comments are 

available for review on the Internet at 

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

appliance_standards/commercial/

cuac_anopr.html, or from Ms. Brenda 

Edwards-Jones, U.S. Department of 

Energy, Building Technologies Program, 

EE–2J, Room 1J–018, 1000 

Independence Ave., SW., Washington, 

DC 20585, or by telephone (202) 586–

2945. 

1. The Efficiency Standards 

Because of the diversity of interests 

represented by the Joint Stakeholders, 

the minimum efficiency standards they 

have recommended may be acceptable 

to stakeholders who were not parties to 

the Joint Stakeholders Comments. DOE 

is interested in other stakeholders’

reactions to the recommended 

minimum efficiency standards and 

whether stakeholders who did not sign 

the joint comments believe the 

recommended standards are appropriate 

and could or should be adopted. 

2. Rulemaking Procedure 

The Joint Stakeholders urge DOE to 

adopt the recommended standards by 

issuing either a standard Notice of 

Proposed Rulemaking (NOPR) or a 

direct final rule. 

If DOE were to proceed with the 

NOPR process, it would issue a standard 

NOPR and accept comments from 

interested members of the public. After 

considering the comments and possibly 

conducting further analyses, DOE would 

publish a notice of final rulemaking 

with a preamble that responded to major 

issues that emerge from the comments. 

This procedure would be the more time 

consuming of the two alternatives 

suggested by the Joint Stakeholders 

because, based on DOE’s experience, it 

believes the two notices would require 

long preparation times; moreover, the 

two notices would be published 

separately with a wide interval between 

publication dates. 

The direct final rulemaking procedure 

would involve simultaneous publication 

of both a direct final rule, and a NOPR 

that incorporates by reference the text of 

the direct final rule. The preamble of the 

direct final rule would include a 

statement that the agency would publish 

a timely notice of withdrawal in the 

Federal Register before the effective 

date established for purposes of 

modifying the Code of Federal 

Regulations and proceed with the NOPR 

if it receives significant adverse public 

comments. If significant adverse 

comments are not received, the direct 

final rule would become effective 

without any other action by the agency. 

This procedure is appropriate only for 

rules for which significant adverse 

comment is considered unlikely. 

DOE is interested in stakeholder 

comments on these alternative 

procedures and whether the public 

would benefit by implementing 

minimum energy efficiency standards 

for commercial package air conditioners 

and heat pumps in an expedited 

manner. If public comments in response 

to today’s notice of availability indicate 

that there is no significant opposition to 

DOE promulgating a direct final rule 

establishing the standards 

recommended by the Joint Stakeholders 

Comments, DOE would strongly 

consider doing so if DOE concluded that 

such standards meet EPCA 

requirements. 

All persons interested in submitting 

comments on the Joint Stakeholders 

Comments must submit their comments 

to DOE by the date specified in the 

DATES section of this notice; after that 

date, no further submissions will be 

entertained. Comments must be 

submitted to one of the addresses listed 

in the ADDRESSES section of this notice. 

DOE will consider all comments 

received by the specified deadline.

Issued in Washington, DC, on February 9, 

2005. 

David K. Garman, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy.

[FR Doc. 05–2875 Filed 2–14–05; 8:45 am] 

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–20353; Directorate 

Identifier 2004–NM–255–AD] 

RIN 2120–AA64 

Airworthiness Directives; Bombardier 

Model CL–600–2B19 (Regional Jet 

Series 100 & 440) Airplanes

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT).

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Bombardier Model CL–600–

2B19 (Regional Jet Series 100 & 440) 

airplanes. This proposed AD would 

require installing additional shielding of 

the hydraulic lines in the wing box area. 

This proposed AD is prompted by the 

determination that the additional 

hydraulic line shields will protect the 

lines from possible impact by tire debris 

if the tire tread fails. We are proposing 

this AD to prevent damage to the 

hydraulic lines and subsequent leakage 

from the two hydraulic systems, which 

could result in loss of braking capability 

on the affected side of the airplane, 

asymmetrical braking, and reduced 

directional control—particularly during 

a rejected takeoff.

DATES: We must receive comments on 

this proposed AD by March 17, 2005.

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: Go to

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• By fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

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

through Friday, except Federal holidays. 


EE-RM-STD-01-375 COMMENT 32