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

37678 

Vol. 76, No. 124 

Tuesday, June 28, 2011 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2011–BT–DET–0045] 

RIN 1904–AC55 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of 

Commercial and Industrial Fans, 

Blowers, and Fume Hoods as Covered 

Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed 

determination of coverage. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to determine 

that commercial and industrial fans, 

blowers, and fume hoods meet the 

criteria for covered equipment under 

Part A–1 of Title III of the Energy Policy 

and Conservation Act (EPCA), as 

amended. DOE proposes that classifying 

equipment of such type as covered 

equipment is necessary to carry out the 

purpose of Part A–1 of EPCA, which is 

to improve the efficiency of electric 

motors and pumps and certain other 

industrial equipment to conserve the 

energy resources of the nation. 

DATES: DOE will accept written 

comments, data, and information on this 

notice, but no later than July 28, 2011. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2011–BT–DET–0045 or 

RIN 1904–AC55), by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: FansBlowersHoods-2011- 

DET–0045@ee.doe.gov. Include EERE– 

2011–BT–DET–0045 and/or RIN 1904– 

AC55) in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Notice of Proposed Determination for 

Fans, Blowers, and Fume Hoods, EERE– 

2011–BT–DET–0045 and/or RIN 1904– 

AC55, 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, a copy of 

the transcript of the public meeting, 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Charles Llenza, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, 

Telephone: (202) 586–2192. E-mail: 

Charles.Llenza@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. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Definition(s) 

IV. Evaluation of Fans, Blowers, and Fume 

Hoods as a Covered Equipment 

A. Energy Consumption in Operation 

B. Distribution in Commerce 

C. Prior Inclusion as a Covered Product 

D. Coverage Necessary To Carry Out 

Purposes of Part A–1 of EPCA 

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 of 1975 (EPCA), as 

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

forth various provisions designed to 

improve energy efficiency. Part C of 

Title III of EPCA (42 U.S.C. 6311–6317), 

which was redesignated for editorial 

reasons as Part A–1 upon codification in 

the U.S. Code, establishes the ‘‘Energy 

Conservation Program for Certain 

Industrial Equipment,’’ which covers 

certain commercial and industrial 

equipment (hereafter referred to as 

‘‘covered equipment’’). 

EPCA specifies a list of equipment 

that constitutes covered commercial and 

industrial equipment. (42 U.S.C. 

6311(1)(A)–(L). The list includes 11 

types of equipment and a catch-all 

provision for certain other types of 

industrial equipment classified as 

covered the Secretary of Energy 

(Secretary). EPCA also specifies the 

types of equipment that can be 

classified as covered in addition to the 

equipment enumerated in 42 U.S.C. 

6311(1). This equipment includes fans 

and blowers. (42 U.S.C. 6311(2)(B)). 

Industrial equipment must also: 

(1) Consume, or be designed to 

consume, energy in operation; 

(2) To any significant extent, be 

distributed in commerce for industrial 

or commercial use; 

(3) Not be a covered product as 

defined in 42 U.S.C. 6291(a)(2) of EPCA, 

other than a component of a covered 

product with respect to which there is 

in effect a determination under 42 

U.S.C. 6312(c). 

(42 U.S.C. 6311(2)(A)). 

To classify equipment as covered 

commercial or industrial equipment, the 


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1Based on 2009 Annual Energy Outlook, Table 

5A, pg. 120, U.S. Energy Information 

Administration. 

2Based on Energy Efficiency and Electric Motors, 

Report PB–259 129, A.D. Little, Inc. 1976., U.S. 

Federal Energy Administration, Office of Industrial 

Programs. Springfield, VA: National Technical 

Information Service. 

Secretary must determine that 

classifying the equipment as covered 

equipment is necessary for the purposes 

of Part A–1 of EPCA. The purpose of 

Part A–1 is to improve the efficiency of 

electric motors, pumps and certain other 

industrial equipment to conserve the 

energy resources of the nation. (42 

U.S.C. 6312(b)) 

II. Current Rulemaking Process 

DOE has not previously conducted an 

energy conservation standard 

rulemaking for fans, blowers, and fume 

hoods. If after public comment, DOE 

issues a final determination of coverage 

for this equipment, DOE would consider 

both test procedures and energy 

conservation standards for this 

equipment. 

With respect to test procedures, DOE 

would consider proposed test 

procedures for measuring the energy 

efficiency, energy use, or estimated 

annual operating cost of fans, blowers, 

and fume hoods during a representative 

average use cycle or period of use that 

are not unduly burdensome to conduct. 

(42 U.S.C. 6314(a)(2)) In a test procedure 

rulemaking, DOE initially prepares a 

test procedure 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 fans, blowers, and fume 

hoods. 

With respect to energy conservation 

standards, DOE typically prepares 

initially an energy conservation 

standards rulemaking framework 

document (the framework document). 

The framework document explains the 

issues, analyses, and process that it is 

considering for the development of 

energy conservation standards for fans, 

blowers, and fume hoods. After DOE 

receives comments on the framework 

document, DOE typically prepares an 

energy conservation standards 

rulemaking preliminary analysis and 

technical support document (the 

preliminary analysis). The preliminary 

analysis typically provides initial draft 

analyses of potential energy 

conservation standards on consumers, 

manufacturers, and the nation. Neither 

of these steps is legally required. 

DOE is required to publish an energy 

conservation standards NOPR setting 

forth DOE’s proposed 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). DOE affords interested persons 

an opportunity during a period of not 

less than 60 days after the publication 

of the NOPR 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 fans, 

blowers, and fume hoods. 

III. Definition(s) 

DOE is considering a definition for 

‘‘Commercial and Industrial Fans, 

Blowers, and Fume Hoods’’ to clarify 

coverage of any potential test procedure 

or energy conservation standard that 

may arise from today’s proposed 

determination. Fans typically have a 

specific ratio, the ratio of discharge 

pressure to suction pressure, less than 

1.11. Blowers typically have a specific 

ratio ranging from 1.11 to 1.20. Fume 

hoods are cabinets connected to a 

ventilation system, where the fan is 

either separated from the enclosed 

workspace or is part of the enclosure. 

There is currently no statutory 

definition of fans, blowers, or fume 

hoods, and DOE is considering the 

following definition of fans, blowers, 

and fume hoods to provide clarity for 

interested parties as it continues its 

analyses: 

Fan 

A fan is an electrically powered 

device used in commercial or industrial 

systems to provide a continuous flow of 

a gas, typically air, for ventilation, 

circulation, or other industrial process 

requirements. Fans are classified as 

axial or centrifugal. Axial fans move an 

airstream along the axis of the fan. 

Centrifugal fans generate airflow by 

accelerating the airstream radially. A fan 

may include some or all of the following 

components: motor and motor controls, 

rotor or fan blades, and transmission 

and housing. 

Blower 

A blower is a type of centrifugal fan. 

Fume Hood 

A fume hood is an enclosed 

workspace that uses an exhaust fan. 

Fume hoods are used in commercial or 

industrial laboratories or facilities to 

capture, contain, or exhaust hazardous 

fumes, vapors, or particulate matter 

generated inside the enclosed 

workspace. The fan energy use is 

primarily determined by the design and 

operating characteristics of the enclosed 

workspace. 

DOE seeks feedback from interested 

parties on these definition(s) of fans, 

blowers, and fume hoods. 

IV. Evaluation of Fans, Blowers, and 

Fume Hoods as a Covered Equipment 

The following sections describe DOE’s 

evaluation of whether fans, blowers, and 

fume hoods fulfill the criteria for being 

added as covered equipment pursuant 

to 42 U.S.C. 6311(2) and 42 U.S.C. 6312. 

Fans and blowers are listed as types 

of industrial equipment under 42 U.S.C. 

6311(2)(B), and fans are an integral part 

of a fume hood. The following 

discussion addresses DOE’s 

consideration of the three requirements 

of 42 U.S.C. 6311(2)(A) and the 

requirement of 42 U.S.C. 6312. 

A. Energy Consumption in Operation 

DOE proposes to define fans, blowers, 

and fume hoods as ‘electrically 

powered’; fans, blowers, and fume 

hoods that meet DOE’s definition 

consume energy in operation. 

DOE estimates that commercial fans 

and blowers consume 139,533 million 

kWh of electricity per year, industrial 

fans and blowers consume 90,057 

million kWh of electricity per year, and 

laboratory fume hoods consume 26,153 

million kWh of electricity per year. The 

total amounts to 255,743 million kWh 

per year. 

For commercial fans and blowers, 

DOE used the 2009 Annual Energy 

Outlook to find the 2006 value for the 

total energy consumption of commercial 

ventilation equipment 1 and converted 

that value from quads of primary energy 

to millions of kWh. For industrial fans 

and blowers, DOE used the 2009 

Manufacturing Energy Consumption 

Survey to find the breakdown of 

electricity use by industrial sector. 

Then, using the percentage of fans and 

blowers from an American Council for 

an Energy-Efficient Economy study to 

calculate fan and blower electricity use 

by industrial sector 2, DOE calculated 

the total industrial fans and blower 

electricity usage. 

For fume hoods, DOE used a 

Lawrence Berkeley National Laboratory 

study, which determined the energy use 

based on conservative estimates on 

number of fume hood units and their 


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3Based on Energy Use and Savings Potential for 

Laboratory Fume Hoods, Evan Mills and Dale 

Sartor, Lawrence Berkeley National Laboratory, 

Energy Analysis Department, April 2006. LBNL– 

55400. 

4U.S. Census Bureau. Economic Census 2002, 

Industry Statistics Sampler: NAICS 333412, 

Industrial and Commercial Fan and Blower 

Manufacturing. 

5U.S. Census Bureau, MA335H(03)–1, issued Nov 

2004. 

6Thomas Smith, President, Exposure Control 

Technologies, Inc., personal communication, 

5/2011. 

7Martin, N., Worrel, E., et al. Emerging Energy 

Efficient Industrial Technologies, LBNL–46990, 

10/2000. 

8Evan Mills and Dale Sartor, Lawrence Berkeley 

National Laboratory, Energy Analysis Department, 

July 2003. 

power draw in 2003.3 Because DOE 

could not find any data on the growth 

of the fume hood market, it 

conservatively assumed that fume hoods 

consumed the same amount of power in 

2006. 

B. Distribution in Commerce 

Fans, blowers and fume hoods are 

distributed in commerce for both the 

industrial and commercial sectors. 

Based on 2002 U.S. Census Data, DOE 

estimated that 650,000 motors are 

shipped annually to drive fans and 

blowers in the commercial and 

industrial sectors.4 Based on additional 

2004 U.S. Census data, DOE assumes 

that only small fraction 5 of these motors 

are used as a motor only replacement in 

fan systems. 

Shipments of fume hoods were 

estimated by an industry source to be 

approximately 25,000 to 30,000 units/ 

yr.6

C. Prior Inclusion as a Covered Product 

Fans, blowers and fume hoods are not 

currently included as covered products 

under 10 CFR Part 430. 

D. Coverage Necessary To Carry Out 

Purposes of Part A–1 of EPCA 

The purpose of Part A–1 of EPCA is 

to improve the energy efficiency of 

electric motors, pumps and certain other 

industrial equipment to conserve the 

energy resources of the nation. Coverage 

of fans, blowers, and fume hoods is 

necessary to carry out the purposes of 

Part A–1 of EPCA because coverage will 

promote the conservation of energy 

supplies. DOE estimates that 

technologies exist which can reduce the 

electricity consumption of fans and 

blowers by as much as 20%.7 DOE also 

believes that there are technologies and 

design strategies for fume hoods that 

could reduce energy by 50%.8

Based on the information in section 

IV of this notice, DOE proposes to 

determine that commercial and 

industrial fans, blowers, and fume 

hoods qualify as covered equipment 

under Part A–1 of Title III of EPCA, as 

amended (42 U.S.C. 6311 et seq.). 

V. Procedural Issues and Regulatory 

Review 

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 and would only positively 

determine that future standards may be 

warranted and should be explored in an 

energy conservation standards 

rulemaking. The proposed 

determination also does not establish 

any test procedures. If a positive 

determination is made, DOE would 

consider test procedures in a subsequent 

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 fans, 

blowers, and fume hoods meet the 

criteria for classification as covered 

equipment, will impose no new 

information or recordkeeping 

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 fans, blowers 

and fume hoods meet the criteria for 

classification as covered equipment. 

Environmental impacts would be 

explored in any future energy 

conservation standards rulemaking for 

fans, blowers and fume hoods. 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 fans, blowers and fume hoods meet 

the criteria for classification as covered 

equipment, 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 


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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 equipment 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 

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 fans, blowers, and fume 

hoods meet the criteria for classification 

as covered equipment would not have a 

significant adverse effect on the supply, 

distribution, or use of energy. This 

action is also not a significant regulatory 


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37682 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Proposed Rules 

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 fans, 

blowers and fume hoods. 

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 fans, blowers, fume hoods is 

covered equipment 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 Part 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 fans, 

blowers, and fume hoods: 

• Definition of fans; 

• Definition of blowers; 

• Definitions of fume hoods; 

• Whether classifying fans, blowers, 

and fume hoods as covered equipment 

is necessary to carry out the purposes of 

Part A–1 of EPCA; and 

• Availability or lack of availability of 

technologies for improving the energy 

efficiency of fans, blowers, and fume 

hoods. 

DOE invites all interested parties to 

submit, in writing and by July 28, 2011, 

comments and information on matters 

addressed in this notice and on other 

matters relevant to a determination for 

fans, blowers, and fume hoods. DOE is 

also interested in receiving views 

concerning other issues relevant to 

establishing test procedures and energy 

conservation standards for fans, 

blowers, and fume hoods. 

After the expiration of the period for 

submitting written statements, DOE 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 

fans, blowers, and fume hoods qualify 

as covered equipment, DOE will 

consider a test procedure and energy 

conservation standards for fans, 

blowers, and fume hoods. Members of 

the public will be given an opportunity 

to submit written and oral comments on 

any proposed test procedure and 

standards. 

Issued in Washington, DC, on June 21, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2011–16134 Filed 6–27–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0085; Directorate 

Identifier 2000–NE–19–AD] 

RIN 2120–AA64 

Airworthiness Directives; Teledyne 

Continental Motors (TCM) and RollsRoyce Motors Ltd. (R–RM) Series 

Reciprocating Engines 

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 TCM and R–RM 

series reciprocating engines. The 

existing AD currently requires 

replacement of certain magnetos if they 

fall within the specified serial number 

(S/N) range, inspection of the removed 

magneto to verify that the stop pin is 

still in place, and, if the stop pin is not 

in place, inspection of the engine gear 

train, crankcase, and accessory case. 

Since we issued that AD, we became 

aware of an error in the previous AD 

applicability in the range of magneto 

S/Ns affected, and of the need to 

include certain engines made by R–RM, 

under license of TCM. This proposed 

AD would correct the range of S/Ns 

affected, require the same replacement 

and inspections, and would add R–RM 

C–125, C–145, O–300, IO–360, TSIO– 

360, and LTSIO–520–AE series 

reciprocating engines to the 

applicability. We are proposing this AD 

to correct the unsafe condition on these 

products. 

DATES: We must receive comments on 

this proposed AD by August 12, 2011. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS