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

75400 

Vol. 77, No. 245 

Thursday, December 20, 2012 

1Part C was re-designated Part A–1 on 

codification of the U.S. Code for editorial reasons. 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2012–BT–NOA–0037] 

RIN 1904–AC84 

Labeling Requirements for Commercial 

and Industrial Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for Information (RFI). 

SUMMARY: The Energy Policy and 

Conservation Act as amended prescribes 

energy conservation standards for 

certain commercial and industrial 

equipment, and requires the Department 

of Energy (DOE) to administer an energy 

conservation program for the 

equipment, including the development 

of labeling requirements. In this notice, 

DOE requests information from 

interested parties regarding the potential 

for establishing labeling requirements 

for covered commercial and industrial 

equipment, including information about 

the technical and economic feasibility of 

labeling such equipment, the extent to 

which labeling would assist consumers 

in making purchasing decisions, the 

potential for significant energy savings 

resulting from labeling, the potential 

content and format of prospective labels 

for each type of equipment, the ideal 

location of placement for any such 

labels, and prospective burdens on 

manufacturers associated with labeling 

of covered equipment. Additional input 

and suggestions relevant to labeling of 

commercial and industrial equipment 

are also welcome. 

DATES: Written comments and 

information are requested by March 20, 

2013. 

ADDRESSES: Interested persons may 

submit comments in writing, identified 

by docket number EERE–2012–BT– 

NOA–0037, by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Email: Labeling-RFI-2012-NOA0037@ee.doe.gov. Include EERE–2012– 

BT–NOA–0037 and/or RIN 1904–AC84 

in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Request for Information for Commercial 

and Industrial Pumps, EERE–2012–BT– 

NOA–0037 and/or RIN 1904–AC84, 

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, Suite 

600, 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. 

Docket: For access to the docket to 

read background documents or 

comments received, visit the U.S. 

Department of Energy, Resource Room 

of the Building Technologies Program, 

950 L’Enfant Plaza, SW., Suite 600, 

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

between 9:00 a.m. and 4:00 p.m., 

Monday through Friday, except Federal 

holidays. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Lucas Adin, 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) 287–1317. Email: 

Lucas.Adin@ee.doe.gov. 

In the Office of General Counsel, Ms. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–7796. Email: 

Elizabeth.Kohl@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Energy Policy and Conservation Act 

(EPCA) of 1975, as amended (42 U.S.C. 

6291 et seq.), sets forth various 

provisions designed to improve energy 

efficiency. Part C of Title III includes 

measures to improve the energy 

efficiency of commercial and industrial 

equipment, the subject of this notice.1

See 42 U.S.C. 6311–6316. 

Covered Equipment 

EPCA defines the types of commercial 

and industrial equipment that are 

‘‘covered equipment,’’ which includes 

the following: Electric motors and 

pumps; commercial HVAC and water 

heating equipment (small, large, and 

very large commercial package air 

conditioning and heating equipment, 

packaged terminal air conditioners and 

packaged terminal heat pumps, warm 

air furnaces packaged boilers, storage 

water heaters, instantaneous water 

heaters, and unfired hot water storage 

tanks); commercial refrigerators, 

freezers, and refrigerator-freezers; 

automatic commercial icemakers; 

commercial clothes washers; and walkin coolers and walk-in freezers. (42 

U.S.C. 6311(A)) The Energy Policy Act 

of 1992, which amended EPCA, added 

high-intensity discharge lamps, 

distribution transformers, and small 

electric motors as covered equipment. 

(42 U.S.C. 6317). 

Evaluation of Labeling for Commercial 

and Industrial Equipment 

EPCA requires DOE to prescribe 

labeling rules for any class of covered 

equipment for which DOE has 

prescribed test procedures under section 

6314. 42 U.S.C. 6315(a). DOE cannot, 

however, prescribe a labeling rule 

unless it has determined that labeling 

would be technologically and 

economically feasible with respect to 

the class of covered equipment 

addressed by the rule, that significant 

energy savings would result from such 

labeling, and that labeling would be 

likely to assist consumers in making 

purchasing decisions. 42 U.S.C. 6315(h). 

EPCA further specifies certain aspects 

of equipment labeling that DOE must 

consider in any rulemaking establishing 

labeling requirements for covered 

equipment. At a minimum, such labels 

must include the energy efficiency of 

the equipment to which the rulemaking 

applies, as tested under the prescribed 

DOE test procedure. Such rule may also 

require the disclosure of estimated 

annual operating costs and energy use 

determined in accordance with the 

prescribed DOE test procedure. In 

addition, the labeling rulemaking may 


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Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Proposed Rules 75401 

consider the addition of other 

specifications for equipment labels if 

DOE determines that the information is 

likely to assist purchasers in making 

purchasing decisions. These 

specification include: Directions for the 

display of the label; a requirement to 

display on the label additional 

information related to energy efficiency 

or energy consumption, which may 

include instructions for maintenance 

and repair of the covered equipment, as 

necessary to provide adequate 

information to purchasers; and 

requirements that printed matter 

displayed or distributed with the 

equipment at the point of sale also 

include the information required by the 

labeling rule to be displayed on the 

label. 42 U.S.C. 6315(b), (c). 

In addition to these general 

requirements, EPCA also has specific 

requirements that apply to any labeling 

rule prescribed for certain types of 

covered equipment. Specific 

requirements are established for electric 

motors, for which DOE has already 

prescribed labeling requirements, as 

well as for commercial HVAC and water 

heating equipment, commercial 

refrigerators, refrigerator-freezers, and 

freezers, automatic commercial ice 

makers, commercial clothes washers, 

and walk-in coolers and walk-in 

freezers. These equipment-specific 

provisions require that any labeling rule 

prescribed by DOE for covered 

equipment require labels to display the 

energy efficiency of the equipment on 

the permanent nameplate affixed to the 

product, require that the manufacturer 

prominently display the energy 

efficiency of the equipment in new 

equipment catalogues used to advertise 

the equipment, and include any other 

markings that DOE determines 

necessary solely to facilitate 

enforcement of the applicable energy 

conservation standards prescribed for 

the equipment. 42 U.S.C. 6315(d), (e). 

To begin the process of considering 

labeling requirements for covered 

equipment, DOE is seeking information 

from manufacturers and other 

stakeholders regarding each of these 

items, as well as any other aspect of 

prospective labeling requirements that 

may affect equipment covered by such 

rules. Specific questions for 

stakeholders are listed in section II.2 of 

this notice. DOE understands that 

determining the specific impacts of a 

labeling requirement for a given type of 

covered equipment may be difficult in 

the absence of a specific proposal. In 

such cases, DOE requests that 

commenters consider, at a minimum, 

the prospective impacts if DOE were to 

prescribe labeling rules that comply 

with the most basic requirements set 

forth in 42 U.S.C. 6315. DOE is also 

interested in all aspects of prospective 

labeling requirements, including 

benefits that may be realized from 

extending requirements beyond the 

minimum EPCA requirements, with the 

understanding that such estimates may 

be speculative. 

Interested parties will also have 

further opportunities to provide input 

on any specific labeling regulations 

proposed by DOE. EPCA requires that 

DOE provide a public comment period 

of at least 45 days and allow interested 

parties to present oral and written data, 

views and arguments on any proposed 

labeling rule. 42 U.S.C. 6315(g). 

Other Regulatory Programs 

The Federal Trade Commission (FTC) 

prescribes labeling requirements for 

certain covered consumer products. 42 

U.S.C. 6294. While the FTC does not 

have any specific obligation under 

EPCA to set labeling requirements for 

covered commercial and industrial 

equipment, in the absence of a labeling 

rule prescribed by DOE for any such 

equipment, the FTC would retain 

authority to set such requirements. 42 

U.S.C. 6315(k). In addition, as required 

by EPCA, DOE will consult with and 

obtain the written views of the FTC 

prior to prescribing a new labeling 

requirement for covered equipment. 42 

U.S.C. 6315(f). 

The Energy Policy Act of 2005 

(EPACT 2005) added provisions to Part 

A of EPCA related to energy 

conservation standards and test 

procedures for refrigerated beverage 

vending machines, illuminated exit 

signs, low voltage dry-type distribution 

transformers, traffic signal modules and 

pedestrian modules, and commercial 

prerinse spray valves (42 U.S.C. 6295(v), 

(w), (y), (z), and (dd)) and definitions of 

these products (42 U.S.C. 6291). DOE or 

the FTC may establish labeling 

requirements for these products after a 

test procedure has been prescribed. 42 

U.S.C. 6294(a)(5). DOE also seeks 

comment on appropriate labeling 

requirements for these products in 

section II.2. Similarly, the Energy 

Independence and Security Act of 2007 

(EISA) added metal halide lamp fixtures 

to Part A of EPCA at 42 U.S.C. 6295(hh). 

The FTC establishes labeling 

requirements for metal halide lamp 

fixtures. 42 U.S.C. 6294(a)(2)(C). 

Compliance 

Any labeling rule that DOE prescribes 

for covered industrial equipment would 

not apply to equipment manufactured 

before the effective date of any final 

rule. Compliance with any final labeling 

rule would not be required until 3 

months following the publication of any 

final rule. If DOE determines that 

additional time is needed for 

compliance with the prescribed rules, 

the compliance date may be extended to 

6 months after the date of publication. 

42 U.S.C. 6315(j) and 42 U.S.C. 

6315(g)(2). 

Public Participation 

1. Submission of Information 

DOE will accept information and data 

in response to this Request for 

Information as provided in the DATES

section above. Information submitted to 

DOE by email should be provided in 

WordPerfect, Microsoft Word, PDF, or 

text file format. Those responding 

should avoid the use of special 

characters or any form of encryption, 

and wherever possible, comments 

should include the electronic signature 

of the author. Comments submitted to 

DOE by mail or hand delivery/courier 

should include one signed original 

paper copy. No telefacsimiles will be 

accepted. Comments submitted in 

response to this notice will become a 

matter of public record and will be 

made publicly available. 

2. Issues on Which DOE Seeks 

Information 

DOE welcomes comments on issues 

related to the labeling of commercial 

and industrial products. DOE is 

particularly interested in receiving 

comments from interested parties on the 

following issues: 

(1) The economic and technological 

feasibility of prospective labeling 

requirements for each type of covered 

equipment; 

(2) The extent to which labeling 

requirements for each type of covered 

equipment would assist consumers in 

making purchasing decisions; 

(3) The likelihood that labeling 

requirements prescribed for each type of 

covered equipment would result in 

additional energy savings and the 

significance of any such prospective 

energy savings; 

(4) Information that DOE should 

consider requiring for display on a 

prospective label for each type of 

covered equipment addressed in this 

notice, beyond that which would be 

required in order to meet the minimum 

requirements of EPCA; 

(5) Factors that DOE should consider 

regarding size, format, and placement of 

labels for each type of covered 

equipment; 

(6) Factors that DOE should consider 

regarding enforcement of any 

prospective labeling requirements for 

each type of covered equipment. 


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75402 Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 / Proposed Rules 

(7) Appropriate labeling requirements 

for refrigerated beverage vending 

machines, illuminated exit signs, low 

voltage dry-type distribution 

transformers, traffic signal modules and 

pedestrian modules, and commercial 

prerinse spray valves. 

Issued in Washington, DC, December 14, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2012–30681 Filed 12–19–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–1229; Directorate 

Identifier 2012–NM–135–AD] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

The Boeing Company Model 757 and 

Model 767 airplanes. This proposed AD 

was prompted by a standby power relay 

failure and subsequent illumination of 

the ‘‘STANDBY BUS OFF’’ light, which 

led the flightcrew to set the standby 

power switch to the ‘‘BAT’’ position, 

isolating the battery and standby buses, 

disabling the battery charger, and 

eventually causing the main battery to 

be depleted. This proposed AD would 

require doing wiring changes and 

installing a new air/ground relay to the 

battery charger system. We are 

proposing this AD to prevent discharge 

of the main battery, which could result 

in multiple system degradation, reduced 

airplane controllability, and runway 

excursion upon landing. 

DATES: We must receive comments on 

this proposed AD by February 4, 2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, WA 98124–2207; 

telephone 206–544–5000, extension 1; 

fax 206–766–5680; 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, WA. 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: 

Marie Hogestad, Aerospace Engineer, 

Systems and Equipment Branch, ANM– 

130S, Seattle Aircraft Certification 

Office (ACO), FAA, 1601 Lind Avenue 

SW., Renton, WA 98057–3356; phone: 

425–917–6418; fax: 425–917–6590; 

email: marie.hogestad@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposal. Send your comments to 

an address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2012–1229; Directorate Identifier 2012– 

NM–135–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

proposed AD because of those 

comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this proposed AD. 

Discussion 

During a flight on a Model 757 

airplane, the ‘‘STANDBY BUS OFF’’ 

indication light illuminated due to 

failure of the standby power relay. 

Following the Quick Reference 

Handbook (QRH) instructions, the 

flightcrew set the standby power switch 

to the ‘‘BAT’’ position, and continued 

with the flight. By design, this action 

isolated the 28 volt direct current (VDC) 

hot battery bus, 28 VDC battery bus, 28 

VDC standby bus, and 115 volt 

alternating current (VAC) standby bus; 

disabled the battery charger; and caused 

the main battery alone to power the 

standby buses (115 VAC and 28 VDC). 

The flight continued beyond the battery 

limit causing the main battery to be 

depleted with consequent loss of power 

to the battery/standby buses and the 

systems associated with them. On 

approach, the flightcrew found that the 

horizontal stabilizer trim was not 

available, and that the lateral control 

was degraded. Upon landing, the 

speedbrakes only partially deployed, 

reverse thrust was unavailable, one-half 

of the flight spoilers and all the ground 

spoilers were inoperative, and all four 

inboard tires blew due to the loss of 

inboard anti-skid. When the airplane 

stopped, the engines could not be 

powered off using standard procedures. 

We have determined that Model 767 

airplanes are similar in design to Model 

757 airplanes; therefore, this unsafe 

condition might also occur on certain 

Model 767 airplanes. This condition, if 

not corrected, could result in discharge 

of the main battery, which could result 

in multiple system degradation, reduced 

airplane controllability, and runway 

excursion upon landing. 

Relevant Service Information 

We reviewed Boeing Special 

Attention Service Bulletin 757–24– 

0132, Revision 1, dated June 19, 2012; 

and Boeing Special Attention Service 

Bulletin 767–24–0200, Revision 1, dated 

September 13, 2012. For information on 

the procedures and compliance times, 

see this service information at http:// 

www.regulations.gov by searching for 

Docket No. FAA–2012–1229. 

FAA’s Determination 

We are proposing this AD because we 

evaluated all the relevant information 

and determined the unsafe condition 

described previously is likely to exist or 

develop in other products of the same 

type design. 

Proposed AD Requirements 

This proposed AD would require 

accomplishing the actions specified in 


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