31756 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

b. Urinals—The measurement of water 

flush volume for urinals, expressed in gallons 

per flush (gpf) and liters per flush (Lpf), shall 

be conducted in accordance with the test 

requirements specified in section 8.6, Water 

Consumption Test, of ASME/ANSI 

A112.19.2–2008 (incorporated by reference, 

see § 430.3). 

13. Section 430.32 is amended by 

revising paragraph (p) to read as 

follows: 

§ 430.32 Energy and water conservation 

standards and their effective dates. 

* * * * * 

(p) Showerheads. The maximum 

water use allowed for a showerhead 

shall be 2.5 gallons per minute (9.5 

liters per minute) when measured at a 

flowing pressure of 80 pounds per 

square inch gage (552 kilopascals). 

When used as a component of any such 

showerhead, the flow-restricting insert 

shall be mechanically retained at the 

point of manufacture such that a force 

of 8.0 lbf (36 N) or more is required to 

remove the flow-restricting insert. This 

requirement shall not apply to 

showerheads that would cause water to 

leak significantly from areas other than 

the spray face if the flow-restricting 

insert were removed. 

* * * * * 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

14. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

15. Section 431.263 is revised to read 

as follows: 

§ 431.263 Materials incorporated by 

reference. 

(a) DOE incorporates by reference the 

following standard into part 431. The 

material listed has been approved for 

incorporation by reference by the 

Director of the Federal Register in 

accordance with 5 U.S.C. 552(a) and 1 

CFR part 51. Any subsequent 

amendment to a standard by the 

standard-setting organization will not 

affect the DOE regulations unless and 

until amended by DOE. Material is 

incorporated as it exists on the date of 

the approval and a notice of any change 

in the material will be published in the 

Federal Register. All approved material 

is available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call (202) 741–6030, 

or go to: http://www.archives.gov/ 

federal_register/ 

code_of_federal_regulations/ 

ibr_locations.html. Also, this material is 

available for inspection at U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024, (202) 586–2945, 

or go to: http://www1.eere.energy.gov/ 

buildings/appliance_standards/. This 

standard can be obtained from the 

source below. 

(b) ASTM. American Society for 

Testing and Materials International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohoken, PA 19428–2959, (610) 

832–9585, or got to http:// 

www.astm.org. 

(1) ASME Standard F2324–03 (2009), 

Standard Test Method for Prerinse 

Spray Valves, approved May 1, 2009; 

IBR approved for § 431.264. 

(2) Reserved. 

16. Section 431.264 paragraph (b) is 

revised to read as follows: 

§ 431.264 Uniform test method for the 

measurement of flow rate for commercial 

prerinse spray valves. 

* * * * * 

(b) Testing and Calculations. The test 

procedure to determine the water 

consumption flow rate for prerinse 

spray valves, expressed in gallons per 

minute (gpm) or liters per minute (L/ 

min), shall be conducted in accordance 

with the test requirements specified in 

sections 4.1 and 4.2 (Summary of Test 

Method), 5.1 (Significance and Use), 6.1 

through 6.9 (Apparatus) except 6.5, 9.1 

through 9.5 (Preparation of Apparatus), 

and 10.1 through 10.2.5. (Procedure), 

and calculations in accordance with 

sections 11.1 through 11.3.2 

(Calculation and Report) of ASTM 

F2324–03 (2009), ‘‘Standard Test 

Method for Prerinse Spray Valves.’’ 

(incorporated by reference, see 

§ 431.263) Perform only the procedures 

pertinent to the measurement of flow 

rate. Record measurements at the 

resolution of the test instrumentation. 

Round off calculations to the same 

number of significant digits as the 

previous step. Round the final water 

consumption value to one decimal place 

as follows: 

(1) A fractional number at or above 

the midpoint between two consecutive 

decimal places shall be rounded up to 

the higher of the two decimal places; or 

(2) A fractional number below the 

midpoint between two consecutive 

decimal places shall be rounded down 

to the lower of the two decimal places. 

[FR Doc. 2012–12919 Filed 5–29–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429, 430, and 431 

[Docket No. EERE–2011–BT–TP–0024] 

RIN 1904–AC46 

Energy Conservation Program: 

Alternative Efficiency Determination 

Methods and Alternative Rating 

Methods: Public Meeting 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting. 

SUMMARY: The U.S. Department of 

Energy (DOE) is holding a public 

meeting to provide interested parties an 

opportunity to comment on DOE’s 

proposed modifications to the 

regulations authorizing the use of 

alternative methods of determining 

energy efficiency or energy 

consumption of various consumer 

products and commercial equipment. 

DATES: DOE will hold a public meeting 

on Tuesday, June 5, 2012, from 9:00 

a.m. to 4:00 p.m., in Washington, DC. 

DOE must receive requests to speak at 

the public meeting before 4:00 p.m., 

Friday, June 1, 2012. Participants 

seeking to present statements in person 

during the meeting must submit to DOE 

a signed original and an electronic copy 

of statements to be given at the public 

meeting before 4:00 p.m., Friday, June 1, 

2012. Additionally, DOE plans to 

conduct the public meeting via webinar. 

Additional details regarding webinar 

registration will be posted on DOE’s 

certification and enforcement Web page 

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

appliance_standards/ 

certification_enforcement.html). 

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. To attend, 

please notify Ms. Brenda Edwards at 

(202) 586–2945. Please note that foreign 

nationals visiting DOE Headquarters are 

subject to advance security screening 

procedures. Any foreign national 

wishing to participate in the public 

meeting should advise DOE as soon as 

possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 to initiate 

the necessary procedures. 

Docket: The docket is available for 

review at www.regulations.gov. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents in the 

index may be publicly available, such as 

information that is exempt from public 

disclosure. A link to the docket Web 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 31757 

page can be found at 

www.regulations.gov. The 

www.regulations.gov Web page contains 

a link to the docket for this notice, along 

with simple instructions on how to 

access all documents, including public 

comments, in the docket. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Phone: 

(202) 586–6590. Email: 

Ashley.Armstrong@ee.doe.gov or Laura 

Barhydt, U.S. Department of Energy, 

Office of General Counsel, GC–32, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. Phone: 

(202) 287–5772. Email: 

Laura.Barhydt@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Energy Policy and Conservation Act 

of 1975, as amended (‘‘EPCA’’ or, in 

context, ‘‘the Act’’) sets forth a variety 

of provisions designed to improve 

energy efficiency. Part A of Title III (42 

U.S.C. 6291–6309) provides for the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles. The National Energy 

Conservation Policy Act (NECPA), 

Public Law 95–619, amended EPCA to 

add Part A–1 of Title III, which 

established an energy conservation 

program for certain industrial 

equipment. (42 U.S.C. 6311–6317) The 

Department of Energy (‘‘DOE’’) is 

charged with implementing these 

provisions. 

AEDMs and ARMs are computer 

modeling or mathematical tools that 

predict the performance of non-tested 

basic models. They are derived from 

mathematical models and engineering 

principles that govern the energy 

efficiency and energy consumption 

characteristics of a type of covered 

product. (In the context of this 

discussion, the term ‘‘covered product’’ 

applies both to consumer products and 

commercial equipment that are covered 

under EPCA.) These computer modeling 

and mathematical tools, when properly 

developed, can provide a relatively 

straight-forward and reasonably 

accurate means to predict the energy 

usage or efficiency characteristics of a 

basic model of a given covered product. 

Where authorized by regulation, 

AEDMs and ARMs enable 

manufacturers to rate and certify their 

basic models by using the projected 

energy use or energy efficiency results 

derived from these simulation models, 

reducing the regulatory burden 

associated with testing. 

DOE has issued a Notice of Proposed 

Rulemaking and is holding this public 

meeting and webinar to provide 

interested parties an opportunity to 

comment on DOE’s proposed 

modifications to the regulations 

authorizing the use of alternative 

methods of determining energy 

efficiency or energy consumption of 

various consumer products and 

commercial equipment. The complete 

Notice of Proposed Rulemaking is 

posted on DOE’s certification and 

enforcement Web page (http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/ 

certification_enforcement.html). 

In particular, DOE is interested in 

receiving comments and views of 

interested parties concerning the 

following issues: 

1. DOE requests comment on its 

proposal not to add a pre-approval 

process for AEDMs and its proposal to 

no longer require pre-approval for use of 

an alternative rating method for 

residential central air conditioners and 

heat pumps. 

2. DOE requests comment on its 

proposal to expand the use of AEDMs to 

other commercial products. 

3. DOE requests comment on its 

proposal to require at least one basic 

model from each product class to be 

tested to substantiate the AEDM. 

Specifically, DOE requests comments 

from manufacturers as to whether 

additional clarification is needed for 

manufacturers of certain covered 

products to determine all the applicable 

product classes that would need to be 

tested to substantiate the AEDM. As part 

of these comments, the Department is 

interested in receiving feedback on how 

manufacturers currently develop any 

simulation tools to ensure they are 

applicable across a wide range of 

product classes. 

4. DOE seeks product specific 

comments on proposed overall and 

individual tolerance levels by product 

type. Specifically, DOE seeks data 

which show that the variability seen in 

the manufacturing processes, test 

instrumentation, and testing procedures 

are such that a different tolerance 

should be considered. 

5. DOE seeks comment on the criteria 

for selection of basic models and the 

number of basic models a manufacturer 

should be required to test for 

substantiation as well as whether the 

differences in testing requirements for 

distribution transformers are 

appropriate or necessary. 

6. DOE seeks comment on the 

appropriate course of action and the 

time to complete such steps when a 

model tested by DOE fails to meet its 

certified rating. 

7. DOE requests comment on the 

proposal to disallow the use of an 

AEDM if there is evidence that the misrating is willful and/or there are 

multiple instances of non-compliance. 

8. DOE requests comment on the 

necessity of requiring re-substantiation 

when there is a change in standards or 

test procedure and requiring that 

AEDMs be re-substantiated with active 

models. 

Public Participation 

A. Attendance at Public Meeting 

The time, date, and location of the 

public meeting are provided in the 

DATES and ADDRESSES sections at the 

beginning of this document. Anyone 

who wants to attend the public meeting 

must notify Ms. Brenda Edwards at 

(202) 586–2945. Foreign nationals 

visiting DOE headquarters are subject to 

advance security screening procedures. 

B. Procedure for Submitting Requests to 

Speak 

Any person who has an interest in the 

topics addressed in this notice, or who 

is a representative of a group or class of 

persons that has an interest in these 

issues, may request an opportunity to 

make an oral presentation at the public 

meeting. Such persons may handdeliver requests to speak to the address 

shown in the ADDRESSES section at the 

beginning of this notice between 9:00 

a.m. and 4:00 p.m., Monday through 

Friday, except Federal holidays. 

Requests may also be sent by mail or 

email to: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121, or 

Brenda.Edwards@ee.doe.gov. Persons 

who wish to speak should include in 

their request a computer diskette or CD 

in WordPerfect, Microsoft Word, PDF, 

or text (ASCII) file format that briefly 

describes the nature of their interest in 

this rulemaking and the topics they 

wish to discuss. Such persons should 

also provide a daytime telephone 

number where they can be reached. 

DOE requests that those persons who 

are scheduled to speak submit a copy of 

their statements at least one week prior 

to the public meeting. DOE may permit 

any person who cannot supply an 

advance copy of this statement to 

participate, if that person has made 

alternative arrangements with the 

Building Technologies Program in 

advance. When necessary, the request to 

give an oral presentation should ask for 

such alternative arrangements. 


srobinson on DSK4SPTVN1PROD with PROPOSALS
31758 Federal Register / Vol. 77, No. 104 / Wednesday, May 30, 2012 / Proposed Rules 

C. Conduct of Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also employ a professional facilitator to 

aid discussion. The public meeting will 

be conducted in an informal, conference 

style. The meeting will not be a judicial 

or evidentiary public hearing, but DOE 

will conduct it in accordance with 

section 336 of EPCA (42 U.S.C. 6306). 

Discussion of proprietary information, 

costs or prices, market share, or other 

commercial matters regulated by U.S. 

anti-trust laws is not permitted. 

DOE reserves the right to schedule the 

order of presentations and to establish 

the procedures governing the conduct of 

the public meeting. A court reporter will 

record the proceedings and prepare a 

transcript. 

At the public meeting, DOE will allow 

time for presentations by participants, 

and encourage all interested parties to 

share their views on issues affecting this 

rulemaking. Each participant may 

present a prepared general statement 

(within time limits determined by DOE) 

before the discussion of specific topics. 

Other participants may comment briefly 

on any general statements. At the end of 

the prepared statements on each specific 

topic, participants may clarify their 

statements briefly and comment on 

statements made by others. Participants 

should be prepared to answer questions 

from DOE and other participants. DOE 

representatives may also ask questions 

about other matters relevant to this 

rulemaking. The official conducting the 

public meeting will accept additional 

comments or questions from those 

attending, as time permits. The 

presiding official will announce any 

further procedural rules or modification 

of procedures needed for the proper 

conduct of the public meeting. 

DOE will make the entire record of 

this proposed rulemaking, including the 

transcript from the public meeting, 

available for inspection at the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza SW., Washington, DC 

20024, (202) 586–2945, between 9:00 

a.m. and 4:00 p.m., Monday through 

Friday, except Federal holidays. Anyone 

may purchase a copy of the transcript 

from the transcribing reporter. 

Additionally, the record for this 

proposed rulemaking will be made 

available at www.regulations.gov. 

Issued in Washington, DC, on May 24, 

2012. 

Timothy Unruh, 

Acting Deputy Assistant Secretary of Energy, 

Energy Efficiency and Renewable Energy. 

[FR Doc. 2012–13099 Filed 5–29–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0856; Directorate 

Identifier 2010–NM–117–AD] 

RIN 2120–AA64 

Airworthiness Directives; the Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Supplemental notice of 

proposed rulemaking (NPRM); 

reopening of comment period. 

SUMMARY: We are revising an earlier 

proposed airworthiness directive (AD) 

for certain the Boeing Company Model 

737–600, –700, –700C, –800, and –900 

series airplanes. That NPRM proposed 

to inspect for part numbers of the 

operational program software of the 

flight control computers, and corrective 

actions if necessary. That NPRM was 

prompted by reports of undetected 

erroneous output from a single radio 

altimeter channel, which resulted in 

premature autothrottle retard during 

approach. This action revises that 

NPRM by also proposing to supersede 

an existing AD. We are proposing this 

supplemental NPRM to detect and 

correct an unsafe condition associated 

with erroneous output from a radio 

altimeter channel, which could result in 

premature autothrottle landing flare 

retard and the loss of automatic speed 

control, and consequent loss of control 

of the airplane. Since the proposal to 

now supersede an existing AD may 

impose an additional burden over that 

proposed in the NPRM, we are 

reopening the comment period to allow 

the public the chance to comment on 

this proposed change. 

DATES: We must receive comments on 

this supplemental NPRM by July 16, 

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: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

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; telephone 206–544–5000, 

extension 1; fax 206–766–5680; email 

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: 

Gregg Nesemeier, Senior Aerospace 

Engineer, Systems and Equipment 

Branch, ANM–130S, FAA, Seattle 

Aircraft Certification Office (ACO), 1601 

Lind Avenue SW., Renton, Washington 

98057–3356; phone: (425) 917–6479; 

fax: (425) 917–6590; email: 

gregg.nesemeier@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–2010–0856; Directorate Identifier 

2010–NM–117–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 


srobinson on DSK4SPTVN1PROD with PROPOSALS