Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules 1643 

and may be used in conjunction with an 

animal number unique within the flock 

to provide a unique official 

identification number for an animal, or 

may be used in conjunction with the 

date and a sequence number to provide 

a group/lot identification number for a 

group of animals when group 

identification is permitted. 

* * * * * 

National Uniform Eartagging System. 

A numbering system for the official 

identification of individual animals in 

the United States providing a nationally 

unique identification number for each 

animal. The National Uniform 

Eartagging System employs an eight- or 

nine-character alphanumeric format, 

consisting of a two-number State or 

territory code, followed by two or three 

letters and four additional numbers. 

Official APHIS disease programs may 

specify which format to employ. 

Official eartag. An identification tag 

approved by APHIS to provide unique 

identification for individual animals. 

Beginning [Insert date 1 year after 

effective date of final rule], all official 

eartags applied to animals must bear the 

U.S. shield. The design, size, shape, 

color, and other characteristics of the 

official eartag will depend on the needs 

of the users, subject to the approval of 

the Administrator. The official eartag 

must be tamper-resistant and have a 

high retention rate in the animal. All 

official eartags used in Federal disease 

programs must be correlated with the 

premises identification number of the 

premises to which they are issued using 

the Animal Identification Number 

Management System (AINMS) or other 

recordkeeping systems approved by the 

Administrator. Official eartags for sheep 

and goats must be approved for use in 

the National Scrapie Eradication 

Program in accordance with § 79.2(f) of 

this subchapter. Numbers applied to 

official eartags must adhere to one of the 

following numbering systems: 

(1) National Uniform Eartagging 

System. The Johne’s program requires 

the use of the nine-character format for 

cattle. 

(2) Animal identification number 

(AIN). AIN eartags attached to any 

animals on or after [Insert date 1 year 

after effective date of final rule] must 

display an AIN with an 840 prefix. 

These numbers must be correlated with 

the premises identification number of 

the premises to which they are issued 

using the AINMS. 

(3) Premises-based number system. 

The premises-based number system 

combines a premises identification 

number (PIN), as defined in this section, 

with a producer’s livestock production 

numbering system to provide a unique 

identification number. The PIN and the 

production number must both appear on 

the official tag. Official eartags using a 

premises-based numbering system that 

are issued on or after [Insert date 1 year 

after effective date of final rule] must 

employ the seven-character 

alphanumeric PIN format. 

(4) A flock identification number 

(FIN), as defined in this section, used in 

conjunction with a producer’s livestock 

production numbering system to 

provide a unique identification number. 

The FIN and the production number 

must both appear and be distinct on the 

official tag and may not include the 

letters ‘‘I,’’ ‘‘O,’’ or ‘‘Q’’ other than as 

part of a State postal abbreviation. 

(5) In the case of sheep and goats, a 

unique eight-digit number composed of 

the State postal abbreviation followed 

by two letters (not including ‘‘I,’’ ‘‘O,’’ 

or ‘‘Q’’) and four numbers. 

(6) Any other numbering system 

approved by the Administrator for the 

identification of animals in commerce. 

* * * * * 

Premises identification number (PIN). 

A nationally unique number assigned by 

a State, Tribal, and/or Federal animal 

health authority to a premises that is, in 

the judgment of the State, Tribal, and/ 

or Federal animal health authority, a 

geographically distinct location from 

other premises. The premises 

identification number is associated with 

an address, geospatial coordinates, and/ 

or location descriptors which provide a 

verifiably unique location. The premises 

identification number may be used in 

conjunction with a producer’s own 

livestock production numbering system 

to provide a unique identification 

number for an animal. It may also be 

used as a component of a group/lot 

identification number. Premises 

identification numbers issued on or 

after [Insert effective date of final rule] 

shall consist of a seven-character 

alphanumeric code, with the right-most 

character being a check digit. The check 

digit number is based upon the ISO 

7064 Mod 36/37 check digit algorithm. 

* * * * * 

Done in Washington, DC, this 7th day of 

January 2009. 

Cindy J. Smith, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. E9–353 Filed 1–13–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2006–BT–STD–0129] 

RIN 1904–AA90 

Energy Conservation Standards for 

Residential Water Heaters, Direct 

Heating Equipment, and Pool Heaters: 

Public Meeting and Availability of the 

Preliminary Technical Support 

Document 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of preliminary technical 

support document. 

SUMMARY: The Department of Energy 

(DOE) will hold an informal public 

meeting to discuss and receive 

comments on the product classes that 

DOE plans to analyze for purposes of 

amending energy conservation 

standards for certain residential heating 

products; the analytical framework, 

models, and tools that DOE is using to 

evaluate standards for these products; 

the results of preliminary analyses 

performed by DOE for these products; 

and potential energy conservation 

standard levels derived from these 

analyses that DOE could consider for 

these products. DOE also encourages 

written comments on these subjects. To 

inform stakeholders and facilitate this 

process, DOE has prepared an agenda, a 

preliminary Technical Support 

Document (preliminary-TSD), and 

briefing materials, all of which are 

available at: http:// 

www.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

heating products.html. 

DATES: DOE will hold a public meeting 

on Monday, February 9, 2009, from 9 

a.m. to 5 p.m. in Washington, DC. Any 

person requesting to speak at the public 

meeting should submit such request, 

along with an electronic copy of the 

statement to be given at the public 

meeting, before 4 p.m., Monday, January 

26, 2009. Written comments are 

welcome, especially following the 

public meeting, and should be 

submitted by March 16, 2009. 

ADDRESSES: The public meeting will be 

held at the U.S. Department of Energy, 

Forrestal Building, Room 1E–245, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Please 

note that foreign nationals participating 

in the public meeting are subject to 

advance security screening procedures. 

If a foreign national wishes to 

participate in the public meeting, please 

1644 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules 

inform DOE of this fact as soon as 

possible by contacting Ms. Brenda 

Edwards at (202) 586–2945 so that the 

necessary procedures can be completed. 

Interested persons may submit 

comments, identified by docket number 

EERE–2006–BT–STD–0129, by any of 

the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

ResWaterDirectPoolHtrs@ee.doe.gov. 

Include EERE–2006–BT–STD–0129 in 

the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Public Meeting for Residential Water 

Heaters, Direct Heating Equipment, and 

Pool Heaters, EERE–2006–BT–STD– 

0129, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone (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. Telephone (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, 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 regarding 

visiting the Resource Room. Please note 

that DOE’s Freedom of Information 

Reading Room (formerly Room 1E–190 

at the Forrestal Building) is no longer 

housing rulemaking materials. 

FOR FURTHER INFORMATION CONTACT: 

Mohammed Khan, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

7892. E-mail: 

Mohammed.Khan@ee.doe.gov. Michael 

Kido, U.S. Department of Energy, Office 

of General Counsel, GC–72, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

8145. E-mail: Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

A. Statutory Authority 

Title III of the Energy Policy and 

Conservation Act (42 U.S.C. 6291, et 

seq.) (EPCA) established the Energy 

Conservation Program for Consumer 

Products Other than Automobiles, 

covering major household appliances 

including water heaters and home 

heating equipment. Subsequent 

amendments expanded Title III of EPCA 

to include additional consumer 

products and certain commercial and 

industrial equipment, including 

residential pool heaters. (42 U.S.C. 

6291, et seq.) Furthermore, the National 

Appliance Energy Conservation Act of 

1987 (NAECA) amended EPCA by 

establishing energy conservation 

standards for residential water heaters, 

‘‘direct heating equipment’’ (replacing 

the term ‘‘home heating equipment’’ 

previously used in EPCA), and pool 

heaters, as well as requirements for 

determining whether these standards 

should be amended. (42 U.S.C. 

6295(e)(1) through (4)) 

Before DOE prescribes an amended 

standard for any of these products, 

however, it must first solicit comments 

on a proposed standard. Moreover, DOE 

must design each new or amended 

standard for these products to (1) 

achieve the maximum improvement in 

energy efficiency that is technologically 

feasible and economically justified, and 

(2) result in significant conservation of 

energy. (42 U.S.C. 6295(o)(2)(A)) and (3) 

To determine whether a proposed 

standard is economically justified, DOE 

must, after receiving comments on the 

proposed standard, determine whether 

the benefits of the standard exceed its 

burdens to the greatest extent 

practicable, weighing the following 

seven factors: 

1. The economic impact of the 

standard on manufacturers and 

consumers of products subject to the 

standard; 

2. The savings in operating costs 

throughout the estimated average life of 

the covered products in the type (or 

class) compared to any increase in the 

price, initial charges, or maintenance 

expenses for the covered products 

which are likely to result from the 

imposition of the standard; 

3. The total projected amount of 

energy savings likely to result directly 

from the imposition of the standard; 

4. Any lessening of the utility or the 

performance of the covered products 

likely to result from the imposition of 

the standard; 

5. The impact of any lessening of 

competition, as determined in writing 

by the Attorney General, that is likely to 

result from the imposition of the 

standard; 

6. The need for national energy 

conservation; and 

7. Other factors the Secretary 

considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i).) 

Prior to proposing a standard, DOE 

typically seeks public input on the 

analytical framework, models, and tools 

that DOE will use to evaluate standards 

for the product at issue; the results of 

preliminary analyses performed by DOE 

for the product; and potential energy 

conservation standard levels derived 

from these analyses that DOE could 

consider. DOE is publishing this 

document to announce the availability 

of the preliminary TSD, which details 

the preliminary analyses, discusses the 

comments on the Framework document, 

and summarizes the preliminary results. 

In addition, DOE is announcing a public 

meeting to solicit feedback from 

interested parties on its analytical 

framework, models, and preliminary 

results. 

B. History of Standards Rulemaking for 

Residential Heating Products 

1. Background 

As indicated above, NAECA amended 

EPCA to establish energy conservation 

standards for each of the three heating 

products, applicable to units 

manufactured on or after January 1, 

1990. For water heaters, EPCA 

prescribed minimum efficiency levels 

that vary depending on the storage 

volume of the product and the type of 

energy it uses (i.e., gas, oil, or 

electricity). (42 U.S.C. 6295(e)(1)) For 

gas-fired direct heating equipment, 

EPCA prescribed a range of minimum 

annual fuel utilization efficiency 

(AFUE) levels, each of which applies to 

units of a particular type and heating 

capacity range. (42 U.S.C. 6295(e)(3)) In 

addition, for gas-fired pool heaters, 

EPCA prescribed a minimum thermal 

efficiency of 78 percent for all units. (42 

U.S.C. 6295(e)(2)) For all three of the 

products, EPCA further requires that 

DOE conduct two cycles of rulemakings 

to determine whether the standards 

should be amended. (42 U.S.C. 

6295(e)(4)). 

On January 17, 2001, DOE published 

a final rule (the January 2001 final rule), 

effective on January 20, 2004, amending 

the energy conservation standards for 

residential water heaters. 66 FR 4474. 

DOE has not amended the energy 

conservation standards for direct 

heating equipment or pool heaters. 

As to direct heating equipment, before 

the enactment of NAECA, EPCA 

included ‘‘home heating equipment’’ in 

Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules 1645 

1See 59 FR 10464, (March 4, 1994) (NOPR 

proposing standards for eight separate products) 

and 62 FR 26140 (May 12, 1997) (final rule 

prescribing test procedure amendments affecting 

direct heating equipment). 

2For past rulemakings, DOE was required to issue 

an Advanced Notice of Proposed Rulemaking 

(ANOPR) following publication of the framework 

document. The Energy Independence and Security 

Act of 2007 (EISA) eliminated the requirement that 

DOE issue an ANOPR as part of the standards 

rulemaking process; see EISA, at sec. 307. Instead, 

DOE is using this alternative process to provide the 

same information and ability for public comment as 

the ANOPR, but without publication of analyses in 

the Federal Register. 

DOE’s appliance standards program. 

DOE construed this term as covering 

unvented as well as vented products, 

and prescribed a separate test procedure 

for each. 43 FR 20128, 20132 (May 2, 

1978). Each of these test procedures has 

since been amended and both are 

codified in 10 CFR part 430, Subpart B, 

Appendix G (‘‘Uniform Test Method for 

Measuring the Energy Consumption of 

Unvented Home Heating Equipment’’) 

and Appendix O (‘‘Uniform Test 

Method for Measuring the Energy 

Consumption of Vented Home Heating 

Equipment’’). However, when NAECA 

replaced the term ‘‘home heating 

equipment’’ with ‘‘direct heating 

equipment’’ in NAECA’s amendments to 

EPCA in 1987 (42 U.S.C. 6295(e)(3)), the 

new energy conservation standards for 

this equipment only affected gas 

products and the statutorily-prescribed 

standards used the AFUE descriptor, 

which applies to vented, but not 

unvented, equipment. Because of the 

limitation imposed by the statute’s use 

of the AFUE descriptor, subsequent 

DOE actions concerning direct heating 

equipment have focused solely on 

vented products.1

The current test procedure for 

unvented equipment also does not 

include a method for measuring energy 

efficiency. Despite this fact, because of 

the manner in which unvented heating 

products operate, which is to dissipate 

any heat losses directly into the 

conditioned space, the amount of energy 

efficiency losses from these products is 

minimal. In view of this belief, at this 

time, DOE is unaware of how the 

addition of a procedure to measure the 

energy efficiency of these particular 

products would yield significant energy 

efficiency benefits or would otherwise 

be practical. 

DOE also notes that while the NAECA 

amendments authorized DOE to regulate 

unvented direct heating equipment, the 

rulemaking DOE is currently 

considering would address standards 

only for vented direct heating 

equipment since there is currently no 

energy efficiency descriptor or test 

procedure that DOE could apply as the 

basis for an amended standard for 

unvented heating products. 

2. Current Rulemaking Process 

To initiate the process to develop 

standards, on September 27, 2006, DOE 

published on its Web site the 

Rulemaking Framework for Residential 

Water Heaters, Direct Heating 

Equipment, and Pool Heaters (the 

framework document), which describes 

the procedural and analytic approaches 

it anticipated using to evaluate the 

establishment of energy conservation 

standards for these products. This 

document is available at http:// 

www.eere.energy.gov/buildings/

appliance_standards/residential/pdfs/

heating_equipment_framework

_092706.pdf. DOE also published a 

notice announcing the availability of the 

framework document and a public 

meeting to discuss the proposed 

analytical framework, and inviting 

written comments concerning the 

development of standards for the three 

heating products. 71 FR 67825 

(November 24, 2006). 

The focus of the public meeting, 

which was held on January 16, 2007, 

was to discuss the analyses and issues 

identified in various sections of the 

framework document. At the meeting, 

DOE described the different analyses it 

would conduct, the methods proposed 

for conducting them, and the 

relationships among the various 

analyses. Manufacturers, trade 

associations, environmental advocates, 

regulators, and other interested parties 

attended. Information related to the 

meeting is available at http:// 

www.eere.energy.gov/buildings/

appliance_standards/residential/

heating_equipment_mtg.html. 

In response to the requests of 

interested parties at the public meeting, 

DOE subsequently published in the 

Federal Register a notice that extended 

the comment period by two weeks. 72 

FR 4219 (January 30, 2007). Written 

comments submitted during the 

comment period elaborated on the 

issues raised at the meeting and 

addressed other major issues, including 

• Scope of coverage; 

• Product classes; 

• Efficiency levels analyzed for the 

engineering analysis; 

• Installation, repair, and 

maintenance costs; and 

• Product and fuel switching. 

Comments received since publication 

of the framework document have helped 

identify issues DOE needs to address in 

developing a proposed standard and 

provided information contributing to 

DOE’s proposed resolution of these 

issues. 

C. Summary of the Analyses Performed 

by DOE 

For each of the three heating products 

currently under consideration, DOE 

conducted in-depth technical analyses 

in the following areas: (1) Engineering, 

(2) energy-use characterization, (3) 

markups to determine product price, (4) 

life-cycle cost (LCC) and payback period 

(PBP) analyses, and (5) national impact 

analysis (NIA). These analyses resulted 

in a preliminary TSD that presents the 

methodology and results of each of 

these analyses. The preliminary TSD is 

available at the Web address given in 

the SUMMARY section of this notice. The 

analyses are described in more detail 

below. 

DOE also conducted several other 

analyses that either support the five 

major analyses or are preliminary 

analyses that will be expanded upon 

during the notice of proposed 

rulemaking (NOPR).2 These analyses 

include the market and technology 

assessment, the screening analysis, 

which contributes to the engineering 

analysis, and the shipments analysis, 

which contributes to the NIA. In 

addition to these analyses, DOE has 

begun some preliminary work on the 

manufacturer impact analysis (MIA) and 

identified the methods to be used for the 

LCC subgroup analysis, the 

environmental assessment, the 

employment analysis, the regulatory 

impact analysis, and the utility impact 

analysis. DOE will expand on these 

analyses in the NOPR. 

1. Engineering Analysis 

The engineering analysis establishes 

the relationship between the cost and 

efficiency of a product DOE is 

evaluating for amended energy 

conservation standards. This 

relationship serves as the basis for costbenefit calculations for individual 

consumers, manufacturers, and the 

Nation. The engineering analysis 

identifies representative baseline 

products, which is the starting point for 

analyzing technologies that provide 

energy efficiency improvements. 

Baseline product refers to a model or 

models having features and technologies 

typically found in products currently 

offered for sale. The baseline model in 

each product class represents the 

characteristics of products in that class 

and, for products already subject to 

energy conservation standards, usually 

is a model that just meets the current 

standard. After identifying the baseline 

models, DOE estimated manufacturer 

selling prices through an analysis of (1) 

manufacturer costs, and (2) markups, 

1646 Federal Register / Vol. 74, No. 8 / Tuesday, January 13, 2009 / Proposed Rules 

which are the multipliers used to 

determine the manufacturer selling 

prices based on manufacturing cost. 

Chapter 5 of the preliminary TSD 

discusses the engineering analysis. 

2. Energy Use Characterization 

The energy use characterization 

provides estimates of annual energy 

consumption for the three heating 

products, which DOE uses in the LCC 

and PBP analyses and the NIA. DOE 

developed energy consumption 

estimates for all of the product classes 

analyzed in the engineering analysis as 

the basis for its energy use estimates. 

Chapter 7 of the preliminary TSD 

discusses the energy use 

characterization. 

3. Markups To Determine Product Prices 

DOE derives consumer prices for 

products based on manufacturer 

markups, retailer markups, distributor 

markups, contractor markups, builder 

markups, and sales taxes. In deriving 

these markups, DOE has determined (1) 

The distribution channels for product 

sales; (2) the markup associated with 

each party in the distribution channels; 

and (3) the existence and magnitude of 

differences between markups for 

baseline products (baseline markups) 

and for more-efficient products 

(incremental markups). DOE calculates 

both overall baseline and overall 

incremental markups based on the 

product markups at each step in the 

distribution channel. The overall 

incremental markup relates the change 

in the manufacturer sales price of 

higher-efficiency models (the 

incremental cost increase) to the change 

in the retailer or distributor sales price. 

Chapter 6 of the preliminary TSD 

discusses the estimation of markups. 

4. Life-Cycle Cost and Payback Period 

Analyses 

The LCC and PBP analyses determine 

the economic impact of potential 

standards on individual consumers. The 

LCC is the total consumer expense for 

a product over the life of the product. 

The LCC analysis compares the LCCs of 

products designed to meet possible 

energy conservation standards with the 

LCCs of the products likely to be 

installed in the absence of standards. 

DOE determines LCCs by considering 

(1) Total installed cost to the purchaser 

(which consists of manufacturer selling 

price, sales taxes, distribution chain 

markups, and installation cost); (2) the 

operating expenses of the products 

(energy use and maintenance); (3) 

product lifetime; and (4) a discount rate 

that reflects the real consumer cost of 

capital and puts the LCC in presentvalue terms. The PBP represents the 

number of years needed to recover the 

increase in purchase price (including 

installation cost) of more efficient 

products through savings in the 

operating cost of the product. It is the 

change in total installed cost due to 

increased efficiency divided by the 

change in annual operating cost from 

increased efficiency. Chapter 8 of the 

preliminary TSD discusses the LCC and 

PBP analyses. 

5. National Impact Analysis 

The NIA estimates the national energy 

savings (NES) and the net present value 

(NPV) of total consumer costs and 

savings expected to result from new 

standards at specific efficiency levels 

(referred to as candidate standard 

levels). Examining the three heating 

products, DOE calculated NES and NPV 

for each efficiency level as the 

difference between a base-case forecast 

(without new standards) and the 

standards case forecast (with standards). 

DOE determined national annual energy 

consumption by multiplying the 

number of units in use (by vintage, 

which is expressed in years) by the 

average unit energy consumption (also 

by vintage). Cumulative energy savings 

are the sum of the annual NES 

determined over a specified time period. 

The national NPV is the sum over time 

of the discounted net savings each year, 

which consists of the difference 

between total operating cost savings and 

increases in total installed costs. Critical 

inputs to this analysis include 

shipments projections, retirement rates 

(based on estimated product lifetimes), 

and estimates of changes in shipments 

and retirement rates in response to 

changes in product costs due to 

standards. Chapter 10 of the preliminary 

TSD discusses the NIA. 

DOE consulted with stakeholders and 

other interested persons as part of its 

process for conducting all of the 

analyses and invites further input from 

the public on these topics. The 

preliminary analytical results are 

subject to revision following review and 

input from the public. A complete and 

revised TSD will be made available 

upon issuance of a NOPR. The final rule 

will contain the final analysis results 

and be accompanied by a final rule TSD. 

DOE encourages those who wish to 

participate in the public meeting to 

obtain the preliminary TSD and to be 

prepared to discuss its contents. A copy 

of the preliminary TSD is available at 

the Web address given in the SUMMARY

section of this notice. However, public 

meeting participants need not limit their 

comments to the topics identified in the 

preliminary TSD. DOE is also interested 

in receiving views concerning other 

relevant issues that participants believe 

would affect energy conservation 

standards for these products or that DOE 

should address in the NOPR. 

Furthermore, DOE welcomes all 

interested parties, whether or not they 

participate in the public meeting, to 

submit in writing by March 16, 2009, 

comments and information on matters 

addressed in the preliminary TSD and 

on other matters relevant to 

consideration of standards for 

residential water heaters, direct heating 

equipment, and pool heaters. 

The public meeting will be conducted 

in an informal, conference style. A court 

reporter will be present to record the 

minutes of the meeting. There shall be 

no discussion of proprietary 

information, costs or prices, market 

shares, or other commercial matters 

regulated by United States antitrust 

laws. 

After the public meeting and 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 NOPR. 

The NOPR will include proposed energy 

conservation standards for the products 

covered by this rulemaking, and 

members of the public will be given an 

opportunity to submit written and oral 

comments on the proposed standards. 

Issued in Washington, DC, on January 5, 

2009. 

John F. Mizroch, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. E9–476 Filed 1–12–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0004; Directorate 

Identifier 2008–NM–160–AD] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A318, A319, A320, and A321 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for the 

products listed above. This proposed 

AD results from mandatory continuing