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

2559 

Vol. 87, No. 11 

Tuesday, January 18, 2022 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–TP–0023] 

RIN 1904–AF18 

Energy Conservation Program: Test 

Procedures for Cooking Products; 

Extension of Comment Period 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

and notification of data availability; 

extension of public comment period. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) is extending the public 

comment period for the notice of 

proposed rulemaking (‘‘NOPR’’) that 

DOE published on November 4, 2021, 

regarding a proposal for a new test 

procedure for conventional cooking 

tops, a category of cooking products, 

that would replace the procedure that 

DOE withdrew on August 18, 2020. DOE 

is also extending the public comment 

period for a notification of data 

availability (‘‘NODA’’) that DOE 

published on December 16, 2021, 

regarding the results of DOE’s recently 

completed test program assessing the 

repeatability and reproducibility of the 

proposed test procedure. 

DATES: The comment period for the 

NOPR which published on November 4, 

2021 (86 FR 60974) and the NODA 

which published on December 16, 2021 

(86 FR 71406), is extended by 30 days. 

DOE will accept comments, data, and 

information regarding this NOPR and 

the test results no later than February 

17, 2022. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2021–BT–TP–0023, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: Cooking Products2021@

ee.doe.gov. Include the docket number 

EERE–2021–BT–TP–0023 in the subject 

line of the message. 

No telefacsimiles (‘‘faxes’’) will be 

accepted. For detailed instructions on 

submitting comments and additional 

information on this process, see section 

II of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, the 

Department has found it necessary to 

make temporary modifications to the 

comment submission process in light of 

the ongoing coronavirus (‘‘COVID–19’’) 

pandemic. DOE is currently accepting 

only electronic submissions at this time. 

If a commenter finds that this change 

poses an undue hardship, please contact 

Appliance Standards Program staff at 

(202) 586–1445 to discuss the need for 

alternative arrangements. Once the 

COVID–19 pandemic health emergency 

is resolved, DOE anticipates resuming 

all of its regular options for public 

comment submission, including postal 

mail and hand delivery/courier. 

Docket: The docket for this activity, 

which includes Federal Register 

notices, public meeting attendee lists 

and transcripts, comments, and other 

supporting documents/materials, is 

available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 

some documents listed in the index, 

such as those containing information 

that is exempt from public disclosure, 

may not be publicly available. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2021-BT-TP-0023. The docket web page 

contains instructions on how to access 

all documents, including public 

comments in the docket. See section II 

of this document for information on 

how to submit comments through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Dr. Stephanie Johnson, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Office, EE–5B, 

1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1943. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Celia Sher, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

For further information on how to 

submit a comment or review other 

public comments and the docket contact 

the Appliance and Equipment 

Standards Program staff at (202) 287– 

1445 or by email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Extension of Comment Period 

I. Background 

On August 18, 2020, DOE published 

a final rule (‘‘August 2020 Final Rule’’) 

withdrawing the then-current test 

procedure for conventional cooking 

tops. 85 FR 50757. DOE initiated the 

rulemaking for the August 2020 Final 

Rule in response to a petition for 

rulemaking submitted by the 

Association of Home Appliance 

Manufacturers (‘‘AHAM’’), in which 

AHAM asserted that the then-current 

test procedure for gas cooking tops was 

not representative, and, for both gas and 

electric cooking tops, had such a high 

level of variation that it did not produce 

accurate results for certification and 

enforcement purposes and did not assist 

consumers in making purchasing 

decisions based on energy efficiency 

(‘‘AHAM petition’’). 85 FR 50757, 

50760; see also 80 FR 17944 (Apr. 25, 

2018). 

In January 2020, DOE initiated a 

round robin test program to further 

investigate the water-heating approach 

used in the withdrawn test procedure 

and the issues raised in the AHAM 

petition. Testing was conducted 

according to the cooking top test 

procedure, as published in a final rule 

on December 16, 2016, that was 

withdrawn in the August 2020 Final 

Rule. 

DOE published a NOPR on November 

4, 2021 (‘‘November 2021 NOPR’’) in 

which it presented results from the 

initial round robin test procedure and 

proposed to re-establish a test procedure 

for conventional cooking tops. 86 FR 


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2560 Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Proposed Rules 

1 DOE has posted this comment to the docket at 

www.regulations.gov/comment/EERE-2021-BT-TP0023-0007. 

2The AHAM Task Force comprises AHAM 

representatives, member manufacturers, efficiency 

advocates, DOE, and DOE contractors. DOE 

participation in the AHAM Task Force began in 

February 2021. 

3The parenthetical reference provides a reference 

for information located in the docket of DOE’s 

rulemaking to develop test procedures for cooking 

products. (Docket No. EERE–2021–BT–TP–0023, 

which is maintained at www.regulations.gov/ 

#!docketDetail;D=EERE-2021-BT-TP-0023). The 

references are arranged as follows: (commenter 

name, comment docket ID number, page of that 

document). 

60974. The proposed test procedure 

would adopt the latest version of the 

relevant industry standard with 

modifications to adapt the test method 

to gas cooking tops, offer an optional 

method for burden reduction, normalize 

the energy use of each test cycle, 

include measurement of standby mode 

and off mode energy use, update certain 

test conditions, and provide certain 

clarifying language. Id. 

In addition, following the August 

2020 Final Rule, DOE initiated a second 

round robin test program in May 2021 

in response to changes to electric 

cooking tops on the market and to 

evaluate potential variability in testing 

gas cooking tops. This second round 

robin test program followed the test 

procedure as proposed in the November 

2021 NOPR. Because this second round 

robin testing program was ongoing at 

the time of the November 2021 NOPR, 

DOE published a NODA on December 

16, 2021 (‘‘December 2021 NODA’’), 

presenting the results of the second 

round robin test program, and extended 

the public comment period for the 

November 2021 NOPR to receive 

comment, data, and information 

regarding both the proposals in the 

November 2021 NOPR and the results 

presented in the December 2021 NODA. 

86 FR 71406. 

II. Extension of Comment Period 

Comments on the November 2021 

NOPR were originally due on January 3, 

2022. In light of the results presented in 

the December 2021 NODA, DOE 

determined that it was appropriate to 

extend the comment period on the 

November 2021 NOPR until January 18, 

2022, to allow additional time for 

interested parties to prepare and submit 

comments on the November 2021 NOPR 

and the December 2021 NODA. 86 FR 

71406. On December 22, 2021, DOE 

received a comment from AHAM 

requesting that DOE extend the 

comment period for the November 2021 

NOPR and the December 2021 NODA 

until March 31, 2022.1

AHAM stated that it was in the 

process of conducting its own testing at 

two third-party laboratories in order to 

assess possible cooking top test 

modifications, and that it expected to 

complete this testing, including analysis 

of data, by March 11, 2022. 

Furthermore, AHAM expected that 

analysis of the results of the testing 

would be completed by the AHAM 

cooking top test procedure development 

task force (‘‘AHAM Task Force’’) 2 and 

written comments prepared for 

submittal to DOE by March 31, 2022. 

(AHAM, No. 7 at p. 2) 3 In addition, 

AHAM asserted that it needed 

additional time to comment on the 

proposals in the November 2021 NOPR, 

in light of the data presented in the 

December 2021 NODA, to ensure a 

defensible test procedure. Id. 

In requesting the extension of the 

comment period until March 31, 2022, 

AHAM also referenced vacation 

schedules of its members at the end of 

the year and the open comment periods 

for the test procedures for clothes 

washers and consumer refrigerators, 

products manufactured by certain of 

AHAM’s members that also manufacture 

conventional cooking tops. (AHAM, No. 

7 at p. 2) 

DOE notes that it has engaged with 

the AHAM Task Force since February 

2021, and in this context has provided 

to all participating members of the task 

force results of DOE’s testing, on an 

ongoing basis to help inform the 

development of AHAM’s cooking top 

test procedures. In doing so, DOE has 

provided significant input and 

recommendations consistent with the 

proposals in the November 2021 NOPR 

to aid in the alignment of AHAM’s test 

procedures under development and a 

potential future DOE cooking top test 

procedure. Throughout the course of 

numerous AHAM Task Force meetings, 

members have provided feedback on the 

methodology. 

In consideration of its significant 

engagement with the AHAM Task Force, 

including ongoing presentation of DOE’s 

testing results to the task force members, 

DOE has reviewed AHAM’s request for 

a further extension of the comment 

period for the November 2021 NOPR 

and December 2021 NODA, and 

considered the benefit to stakeholders in 

providing additional time to review the 

NOPR and NODA and gather 

information/data that DOE is seeking. 

Accordingly, DOE has determined that 

such an extension of the comment 

period is appropriate and is hereby 

extending the comment period for the 

November 2021 NOPR and December 

2021 NODA, and will accept comments, 

data, and information on and before 

February 17, 2022. DOE specifically 

encourages AHAM to submit data and 

results of its testing program so that 

these may be made available to 

interested parties in the docket for this 

rulemaking. 

Submitting comments via 

www.regulations.gov. The 

www.regulations.gov web page will 

require you to provide your name and 

contact information. Your contact 

information will be viewable to DOE 

Building Technologies staff only. Your 

contact information will not be publicly 

viewable except for your first and last 

names, organization name (if any), and 

submitter representative name (if any). 

If your comment is not processed 

properly because of technical 

difficulties, DOE will use this 

information to contact you. If DOE 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, DOE may not be 

able to consider your comment. 

However, your contact information 

will be publicly viewable if you include 

it in the comment or in any documents 

attached to your comment. Any 

information that you do not want to be 

publicly viewable should not be 

included in your comment, nor in any 

document attached to your comment. 

Persons viewing comments will see only 

first and last names, organization 

names, correspondence containing 

comments, and any documents 

submitted with the comments. 

Do not submit to www.regulations.gov 

information for which disclosure is 

restricted by statute, such as trade 

secrets and commercial or financial 

information (hereinafter referred to as 

Confidential Business Information 

(‘‘CBI’’)). Comments submitted through 

www.regulations.gov cannot be claimed 

as CBI. Comments received through the 

website will waive any CBI claims for 

the information submitted. For 

information on submitting CBI, see the 

Confidential Business Information 

section. 

DOE processes submissions made 

through www.regulations.gov before 

posting. Normally, comments will be 

posted within a few days of being 

submitted. However, if large volumes of 

comments are being processed 

simultaneously, your comment may not 

be viewable for up to several weeks. 

Please keep the comment tracking 

number that www.regulations.gov 

provides after you have successfully 

uploaded your comment. 

Submitting comments via email. 

Comments and documents submitted 

via email also will be posted to 


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Federal Register / Vol. 87, No. 11 / Tuesday, January 18, 2022 / Proposed Rules 2561 

www.regulations.gov. If you do not want 

your personal contact information to be 

publicly viewable, do not include it in 

your comment or any accompanying 

documents. Instead, provide your 

contact information on a cover letter. 

Include your first and last names, email 

address, telephone number, and 

optional mailing address. The cover 

letter will not be publicly viewable as 

long as it does not include any 

comments. 

Include contact information each time 

you submit comments, data, documents, 

and other information to DOE. No faxes 

will be accepted. 

Comments, data, and other 

information submitted to DOE 

electronically should be provided in 

PDF (preferred), Microsoft Word or 

Excel, WordPerfect, or text (ASCII) file 

format. Provide documents that are not 

secured, written in English and free of 

any defects or viruses. Documents 

should not contain special characters or 

any form of encryption and, if possible, 

they should carry the electronic 

signature of the author. 

Campaign form letters. Please submit 

campaign form letters by the originating 

organization in batches of between 50 to 

500 form letters per PDF or as one form 

letter with a list of supporters’ names 

compiled into one or more PDFs. This 

reduces comment processing and 

posting time. 

Confidential Business Information. 

Pursuant to 10 CFR 1004.11, any person 

submitting information that he or she 

believes to be confidential and exempt 

by law from public disclosure should 

submit via email two well-marked 

copies: One copy of the document 

marked confidential including all the 

information believed to be confidential, 

and one copy of the document marked 

non-confidential with the information 

believed to be confidential deleted. DOE 

will make its own determination about 

the confidential status of the 

information and treat it according to its 

determination. 

It is DOE’s policy that all comments 

may be included in the public docket, 

without change and as received, 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

Signing Authority 

This document of the Department of 

Energy was signed on January 9, 2022, 

by Kelly J. Speakes-Backman, Principal 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy, 

pursuant to delegated authority from the 

Secretary of Energy. That document 

with the original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on January 11, 

2022. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2022–00725 Filed 1–14–22; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2021–0775; Notice No. 25– 

21–03–SC] 

Special Conditions: FedEx Express, 

Airbus Model A321–200 Airplanes; 

Installation of an Infrared Laser 

Countermeasure System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Airbus Model A321– 

200 airplane. This airplane, as modified 

by FedEx Express (FedEx), will have a 

novel or unusual design feature when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. This design feature is a 

system that emits infrared laser energy 

outside the aircraft as a countermeasure 

against heat-seeking missiles. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for this design feature. 

These proposed special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

equivalent to that established by the 

existing airworthiness standards. 

DATES: Send comments on or before 

March 4, 2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2021–0775 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

https://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: Except for Confidential 

Business Information (CBI) as described 

in the following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received without change, to https://

www.regulations.gov/, including any 

personal information you provide. The 

FAA will also post a report 

summarizing each substantive verbal 

contact received about this proposal. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this document 

contain commercial or financial 

information that is customarily treated 

as private, that you actually treat as 

private, and that is relevant or 

responsive to this document, it is 

important that you clearly designate the 

submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this document. Send submissions 

containing CBI to the person indicated 

in the Contact section below. Comments 

that the FAA receives which are not 

specifically designated as CBI will be 

placed in the public docket for this 

rulemaking. 

Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov/ at any 

time. Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Eric 

Peterson, Safety Risk Management 


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