Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51629 

§ 1207.320 Establishment and 

membership. 

* * * * * 

(b) Producer membership on the 

Board shall be determined on the basis 

of potato production reported in the 

latest Crop Production Annual 

Summary Report issued by the National 

Agricultural Statistics Service of the 

U.S. Department of Agriculture. If a 

State’s potato production data is not 

provided by the National Agricultural 

Statistics Service, the Board may use an 

alternative data source that reliably 

reflects potato production in the United 

States. Unless the Secretary, upon 

recommendation of the Board, 

determines an alternate basis, for each 

five million hundredweight of such 

production, or major fraction thereof, 

produced within each State, such State 

shall be entitled to one member. 

However, each State shall initially be 

entitled to at least one member. 

* * * * * 

■ 3. Revise § 1207.502(a) to read as 

follows: 

§ 1207.502 Determination of membership. 

(a) Pursuant to § 1207.320 and the 

recommendation of the Board, annual 

producer memberships on the Board 

shall be determined on the basis of the 

average potato production during the 3 

preceding years in each State as set forth 

in the Crop Production Annual 

Summary Reports issued by the 

National Agricultural Statistics Service 

of the U.S. Department of Agriculture. If 

a State’s potato production data is not 

provided by the National Agricultural 

Statistics Service, the Board may use an 

alternative data source that reliably 

reflects potato production in the United 

States. 

* * * * * 

■ 4. Revise § 1207.510 (b)(3) to read as 

follows: 

§ 1207.510 Levy of assessments. 

* * * * * 

(b) * * * 

(3) The Harmonized Tariff Schedule 

(HTS) categories and assessment rates 

on imported tablestock potatoes and 

frozen or processed potatoes for 

ultimate consumption by humans and 

on imported seed potatoes are listed in 

the following table. In the event that any 

HTS number subject to assessment is 

changed and such change is merely a 

replacement of a previous number and 

has no impact on the description of the 

potatoes, assessments will continue to 

be collected based on these new 

numbers. 

TABLE 2 TO PARAGRAPH (b)(3) 

Tablestock potatoes, frozen or processed potatoes, and seed potatoes 

Assessment 

Cents/cwt Cents/kg 

0701.10.0020 ........................................................................................................................................................... 3.0 0.066 

0701.10.0040 ........................................................................................................................................................... 3.0 0.066 

0701.90.1000 ........................................................................................................................................................... 3.0 0.066 

0701.90.5015 ........................................................................................................................................................... 3.0 0.066 

0701.90.5025 ........................................................................................................................................................... 3.0 0.066 

0701.90.5035 ........................................................................................................................................................... 3.0 0.066 

0701.90.5045 ........................................................................................................................................................... 3.0 0.066 

0701.90.5055 ........................................................................................................................................................... 3.0 0.066 

0701.90.5065 ........................................................................................................................................................... 3.0 0.066 

0710.10.0000 ........................................................................................................................................................... 6.0 0.132 

2004.10.4000 ........................................................................................................................................................... 6.0 0.132 

2004.10.8020 ........................................................................................................................................................... 6.0 0.132 

2004.10.8040 ........................................................................................................................................................... 6.0 0.132 

2005.20.0070 ........................................................................................................................................................... 4.716 0.104 

0712.90.3000 ........................................................................................................................................................... 21.429 0.472 

1105.10.0000 ........................................................................................................................................................... 21.429 0.472 

1105.20.0000 ........................................................................................................................................................... 21.429 0.472 

2005.20.0040 ........................................................................................................................................................... 21.429 0.472 

2005.20.0020 ........................................................................................................................................................... 12.240 0.27 

1108.13.0010 ........................................................................................................................................................... 27.0 0.595 

* * * * * 

■ 5. Revise § 1207.513 (c)(1) to read as 

follows: 

§ 1207.513 Payment of assessments. 

* * * * * 

(c) Payment directly to the Board. (1) 

Except as provided in paragraphs (b) 

and (d) of this section, each designated 

handler or importer shall remit 

assessments directly to the Board by 

check or electronic payment. Checks are 

to be made payable to the National 

Potato Promotion Board or the Board’s 

official doing business as name. 

Payment is due not later than 10 days 

after the end of the month such 

assessment is due together with a report 

(preferably on Board forms) thereon. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–19676 Filed 9–15–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2021–BT–DET–0022] 

RIN 1904–AF25 

Energy Conservation Program: 

Proposed Determination of Air 

Cleaners as a Covered Consumer 

Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notification of proposed 

determination and request for comment. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’) has tentatively 

51630 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

1All references to EPCA in this document refer 

to the statute as amended through the Energy Act 

of 2020, Public Law 116–260 (Dec. 27, 2020). 

2For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

3The enumerated list of covered products is at 42 

U.S.C. 6292(a)(1)–(19). 

4 DOE has defined ‘‘household’’ to mean an entity 

consisting of either an individual, a family, or a 

group of unrelated individuals, who reside in a 

particular housing unit. For the purpose of this 

definition: 

(1) Group quarters means living quarters that are 

occupied by an institutional group of 10 or more 

unrelated persons, such as a nursing home, military 

barracks, halfway house, college dormitory, 

fraternity or sorority house, convent, shelter, jail or 

correctional institution. 

(2) Housing unit means a house, an apartment, a 

group of rooms, or a single room occupied as 

separate living quarters, but does not include group 

quarters. 

(3) Separate living quarters means living quarters: 

(i) To which the occupants have access either: 

(A) Directly from outside of the building, or 

(B) Through a common hall that is accessible to 

other living quarters and that does not go through 

someone else’s living quarters, and 

(ii) Occupied by one or more persons who live 

and eat separately from occupant(s) of other living 

quarters, if any, in the same building. 10 CFR 430.2. 

determined that air cleaners qualify as 

a covered product under Part A of Title 

III of the Energy Policy and 

Conservation Act (‘‘EPCA’’), as 

amended. DOE has tentatively 

determined that coverage of air cleaners 

is necessary and appropriate to carry out 

the purposes of EPCA, and that the 

average U.S. household energy use for 

air cleaners is likely to exceed 100 

kilowatt-hours per year. 

DATES: Written comments, data, and 

information are requested and will be 

accepted on or before November 15, 

2021. 

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–DET–0022, by 

any of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: to 

AirCleaners2021DET0022@ee.doe.gov. 

Include docket number EERE–2021–BT– 

DET–0022 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 

VI of this document. 

Although DOE has routinely accepted 

public comment submissions through a 

variety of mechanisms, including postal 

mail and hand delivery/courier, DOE 

has found it necessary to make 

temporary modifications to the 

comment submission process in light of 

the ongoing COVID–19 pandemic. DOE 

is currently suspending receipt of public 

comments via postal mail and hand 

delivery/courier. 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, which includes 

Federal Register notices, 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, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

The docket web page can be found at 

www.regulations.gov/docket/EERE2021-BT-DET-0022. The docket web 

page contains instructions on how to 

access all documents, including public 

comments, in the docket. See section VI, 

‘‘Public Participation,’’ for further 

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–2J, 1000 

Independence Avenue SW, 

Washington, DC 20585–0121. 

Telephone: (202) 287–1943. Email: 

ApplianceStandardsQuestions@

ee.doe.gov. 

Ms. Linda Field, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW, Washington, DC 20585–0121. 

Telephone: (202) 586–3440. Email: 

Linda.Field@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. Statutory Authority 

II. Current Rulemaking Process 

III. Scope of Coverage 

IV. Evaluation of Air Cleaners as a Covered 

Product Subject to Energy Conservation 

Standards 

A. Coverage Necessary or Appropriate To 

Carry Out Purposes of EPCA 

B. Average Household Energy Use 

C. Preliminary Determination 

V. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act of 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act of 2001 

K. Review Under Executive Order 13211 

L. Information Quality 

VI. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comments 

VII. Approval of the Office of the Secretary 

I. Statutory Authority 

EPCA 1 authorizes DOE to regulate the 

energy efficiency of a number of 

consumer products and certain 

industrial equipment. (42 U.S.C. 6291– 

6317) Title III, Part B 2 of EPCA 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, which sets forth a 

variety of provisions designed to 

improve energy efficiency for certain 

consumer products, referred to generally 

as ‘‘covered products.’’ 3 In addition to 

specifying a list of consumer products 

that are covered products, EPCA 

contains provisions that enable the 

Secretary of Energy to classify 

additional types of consumer products 

as covered products. For a given 

consumer product to be classified as a 

covered product, the Secretary must 

determine that: 

(1) Classifying the product as a 

covered product is necessary or 

appropriate to carry out the purposes of 

EPCA; and 

(2) The average annual perhousehold 4 energy use by products of 

such type is likely to exceed 100 

kilowatt-hours (‘‘kWh’’) (or its British 

thermal unit (‘‘Btu’’) equivalent) per 

year. (42 U.S.C. 6292(b)(1)) 

When attempting to cover additional 

consumer product types, DOE must first 

determine whether these criteria from 

42 U.S.C. 6292(b)(1) are met. Once a 

determination is made, the Secretary 

may prescribe test procedures to 

measure the energy efficiency or energy 

use of such product. (42 U.S.C. 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51631 

5ANSI/AHAM AC–1–2020 available at AHAM 

website at www.aham.org/ 

itemdetail?iproductcode=30002&category=padstd. 

6293(a)(1)(B)) Furthermore, once a 

product is determined to be a covered 

product, the Secretary may set standards 

for such product, subject to the 

provisions in 42 U.S.C. 6295(o) and (p), 

provided that DOE determines that four 

additional criteria at 42 U.S.C. 6295(l) 

have been met. Specifically, 42 U.S.C. 

6295(l) requires the Secretary to 

determine that: 

(1) The average household energy use 

of the products has exceeded 150 kWh 

per household for a 12-month period; 

(2) The aggregate 12-month energy use 

of the products has exceeded 4200 

gigawatt-hours; 

(3) Substantial improvement in energy 

efficiency of products of such type is 

technologically feasible; and 

(4) Application of a labeling rule 

under 42 U.S.C. 6294 is unlikely to be 

sufficient to induce manufacturers to 

produce, and consumers and other 

persons to purchase, covered products 

of such type (or class) that achieve the 

maximum energy efficiency that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(l)(1)) 

II. Current Rulemaking Process 

DOE has not previously conducted a 

rulemaking for air cleaners. If, after 

public comment, DOE issues a final 

determination of coverage for this 

product, DOE may prescribe both test 

procedures and energy conservation 

standards for this product. DOE will 

publish a final decision on coverage as 

a separate notice, an action that will be 

completed prior to the initiation of any 

test procedure or energy conservation 

standards rulemaking. 10 CFR part 430 

subpart C appendix A section 5(c). If 

DOE determines that coverage is 

warranted, DOE will proceed with its 

typical rulemaking process for both test 

procedures and standards. Id. DOE is 

not proposing test procedures or energy 

conservation standards as part of this 

proposed determination. If DOE 

proceeds with a rulemaking to establish 

energy conservation standards, DOE 

would determine if air cleaners satisfy 

the provisions of 42 U.S.C. 6295(l)(1) 

during the course of that rulemaking. 

III. Scope of Coverage 

Air cleaners are products that remove, 

destroy, or deactivate particulate matter 

and other contaminants from the air to 

improve indoor air quality. A wide 

range of consumer air cleaner products 

are available on the market, including 

tabletop units, units sized for single 

rooms or multiple rooms, and wholehome units integrated into a central 

heating and cooling system. Air cleaners 

employ a wide variety of technologies to 

remove particulate matter and other 

contaminants from the air, and may also 

provide air circulation or 

humidification, and other forms of 

indoor air quality improvement. 

To help inform its proposed scope of 

coverage, DOE utilized existing 

classifications of air cleaners developed 

by the Association of Home Appliance 

Manufacturers (‘‘AHAM’’)—the industry 

trade group for air cleaners—and the 

U.S. Environmental Protection Agency’s 

(‘‘EPA’s’’) ENERGY STAR® program, as 

well as additional market research 

conducted by DOE. The following 

paragraphs discuss DOE’s 

considerations from these sources and 

present the proposed definition that 

would provide the basis for coverage of 

air cleaners under EPCA. 

AHAM publishes a standard method 

of test, certified by American National 

Standards Institute (‘‘ANSI’’), for 

measuring the performance of portable 

household electric room air cleaners, 

titled ANSI/AHAM AC–1–2020 Portable 

Household Electric Room Air Cleaners 

(‘‘ANSI/AHAM AC–1–2020’’).5 AHAM 

describes this standard as establishing a 

uniform, repeatable procedure or 

standard method for measuring 

specified product characteristics of 

household portable air cleaners. The 

standard methods provide a means to 

compare and evaluate different brands 

and models of household portable air 

cleaners on the basis of characteristics 

significant to product use. Section 3.1 of 

ANSI/AHAM AC–1–2020 defines 

‘‘Portable Household Electric Room Air 

Cleaner (‘Air Cleaner’)’’ as ‘‘[a]n electric 

appliance with the function of removing 

particulate matter from the air and 

which can be moved from room to 

room. Hereinafter referred to as ‘air 

cleaner’.’’ In addition, Sections 3.1.1 

through 3.1.6 of ANSI/AHAM AC–1– 

2020 define the following installation 

configurations of air cleaners: 

(1) Air Cleaner—Floor Type: Floor 

type air cleaners are designed to stand 

alone on the floor of a room and are 

designated as stand-alone floor models 

by the manufacturer. Appliances of this 

type are tested on the floor facing the 

test window as close to the center of the 

test chamber as possible. 

(2) Air Cleaner—Table Type: Table 

type air cleaners are designed to set on 

a table or counter by the manufacturer. 

Appliances of this type are tested on the 

table stand facing the test window at the 

center of the test chamber. 

(3) Air Cleaner—Wall Type: Wall type 

air cleaners are designed either to attach 

to a wall and are designated as wall 

mountable by the manufacturer or as a 

plug-in air cleaner. A wall type air 

cleaner must include appropriate wall 

mounting brackets or specifically 

designated instructions to mount the air 

cleaner integrally to the wall (i.e., not a 

shelf). Appliances of this type are tested 

on the wall mount stand facing the test 

window placed at the center of the test 

chamber. 

(4) Air Cleaner—Combination Type: 

Combination type air cleaners are 

designed to operate in one or more 

orientations/positions (floor, table, wall) 

as designed by the manufacturer. A 

combination type air cleaner may be 

tested at the center of the test chamber 

facing the test window on the floor, 

table, or wall mount stand, according to 

how it has been designated by the 

manufacturer. 

(5) Air Cleaner—Ceiling Type: Air 

cleaner appliances designed to be 

mounted on the ceiling are considered 

outside the scope of this method. 

Uniform testing practices and statistical 

examination of such appliances have 

not been conducted. 

(6) Air Cleaner—Plug-In Type: A fixed 

location air cleaner directly connected 

to an electric receptacle (outlet) by 

means of direct plug-in (no electric 

cord). Appliances of this type are tested 

at the lower level electrical receptacle of 

the plug-in type test stand facing the test 

window. 

In addition, Section 3.2 of ANSI/ 

AHAM AC–1–2020 defines the 

following specific design characteristics 

of portable household electric room air 

cleaners: 

(1) Fan with Filter: Air cleaners that 

operate with an electrical source of 

power and which contain a motor and 

fan for drawing air through a filter 

media. 

(2) Fan with Electrostatic Plates: Air 

cleaners that operate with a fan and 

incorporate electrically charged plates 

or wires to electrostatically collect 

particulate matter. Such devices may 

include filter(s). 

(3) Fan Filter with Ion Generator: Air 

cleaners that incorporate an ion 

generator in addition to a fan and filter. 

(4) Ion Generator: Air cleaners that 

incorporate an ion generator only. 

(5) Hybrid: An air cleaner employing 

a combination of the above definitions 

of fan with filter, electrostatic plate/ 

wire, and ion generator. 

(6) Other Types: A device that has the 

stated capability to reduce the 

concentration of particulate matter in a 

room. Such devices do not have to 

contain a fan and can incorporate any of 

the particle removal methods previously 

noted. 

51632 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

6See ENERGY STAR website for air purifiers 

(cleaners) at www.energystar.gov/products/air_

purifiers_cleaners. 

7See Eligibility Criteria Version 2.0, Rev. April 

2021, available at www.energystar.gov/sites/default/ 

files/ENERGY%20STAR%20Version%202.0

%20Room%20Air%20Cleaners%20Specification_

Rev%20April%202021_with%20Partner

%20Commitments.pdf. 

8ENERGY STAR & Air Cleaners. January 14, 

2003. Andrew Fanara, EPA. Available online at: 

www.energystar.gov/sites/default/files/specs//

private/AirCleanersatIHS-Presentation-Final.ppt. 

The ENERGY STAR program provides 

qualification criteria for room air 

cleaners (also referred to as air 

purifiers).6 On its web page, ENERGY 

STAR describes room air cleaners as 

portable, electric appliances that remove 

fine particles, such as dust and pollen, 

from indoor air. The current ENERGY 

STAR Product Specification 7 defines 

‘‘room air cleaner’’ as ‘‘an electric 

appliance with the function of removing 

particulate matter from the air and 

which can be moved from room to 

room,’’ consistent with ANSI/AHAM 

AC–1–2020. 

The definitions in both ANSI/AHAM 

AC–1–2020 and the ENERGY STAR 

Product Specification include specific 

air cleaning and air purifying designs 

and technologies, but state that they 

cover only ‘‘portable’’ air cleaners that 

‘‘can be moved from room to room.’’ 

DOE notes that while ANSI/AHAM AC– 

1–2020 specifies coverage of portable air 

cleaners, it includes air cleaners that 

include appropriate wall mounting 

brackets or specifically designated 

instructions to mount the air cleaner 

integrally to the wall. In order to cover 

a more comprehensive range of the 

consumer market for air cleaning and 

purification, an expanded definition of 

a consumer air cleaner may be 

appropriate. DOE has therefore 

considered a modified definition that 

would include ‘‘non-portable’’ air 

cleaners, such as those that are mounted 

on walls and ceilings, or that provide 

whole-home air cleaning in conjunction 

with central heating or air conditioning 

systems. The proposed definition also 

includes technologies that clean the air 

by destroying or deactivating 

contaminants, including microbes as 

well as particulates, from the air 

(instead of only removing them). 

DOE is also proposing to exclude from 

coverage those consumer products 

which purify air solely by means of 

ultraviolet (‘‘UV’’) light without 

circulating air through the product by 

means of a fan. The energy-consuming 

component of such products would be 

a fluorescent lamp or light-emitting 

diode that emits light in the UV portion 

of the electromagnetic spectrum. 

Accordingly, DOE would classify these 

products as a type of lamp under EPCA 

(See the definition of ‘‘lamps primarily 

designed to produce radiation in the 

ultraviolet region of the spectrum’’ and 

‘‘light-emitting diode or LED’’ in 10 CFR 

430.2), and therefore, is not considering 

coverage for these products as a 

consumer air cleaner. 

DOE additionally proposes to make 

clear that a product that meets the 

definition of a central air conditioners, 

room air conditioners, portable air 

conditioners, dehumidifiers, and 

furnaces as defined in 10 CFR 430.2 is 

not included in the proposed definition 

of air cleaner. Although these products 

may eliminate certain particulates from 

the air by means of filters or through 

collection and removal of condensate 

containing the particulates, DOE is 

proposing to exclude them. (See the 

definitions for ‘‘central air conditioner,’’ 

‘‘room air conditioner,’’ ‘‘portable air 

conditioner,’’ ‘‘dehumidifier,’’ and 

‘‘furnace’’ in 10 CFR 430.2.) 

For the purpose of this analysis, DOE 

evaluated air cleaners, which DOE 

defined as a consumer product that: 

(1) Is a self-contained, mechanically 

encased assembly; 

(2) Is powered by single-phase electric 

current; 

(3) Removes, destroys, or deactivates 

particulates and microorganisms from 

the air; 

(4) Excludes products that destroy or 

deactivate particulates and 

microorganisms solely by means of 

ultraviolet light without a fan for air 

circulation; and 

(5) Excludes central air conditioners, 

room air conditioners, portable air 

conditioners, dehumidifiers, and 

furnaces as defined in 10 CFR 430.2. 

DOE proposes to adopt this definition 

to inform stakeholders while DOE 

continues its analysis. The proposed 

definition considers the air cleaning and 

air purification function of the product 

that is described in ANSI/AHAM AC–1– 

2020, the current ENERGY STAR 

Version 2.0 Product Specification for 

consumer room air cleaners, and the 

wide variety of air cleaning and air 

purifying consumer products currently 

on the market. 

As stated, EPCA authorizes DOE to 

classify a type of consumer product as 

a covered product upon making certain 

determinations. EPCA defines a 

‘‘consumer product’’ as any article 

(other than an automobile) of a type— 

(A) which in operation consumes, or is 

designed to consume energy; and (B) 

which, to any significant extent, is 

distributed in commerce for personal 

use or consumption by individuals; 

without regard to whether such article 

of such type is in fact distributed in 

commerce for personal use or 

consumption by an individual. (42 

U.S.C. 6291(a)(1)) As such, in 

considering the potential scope of 

coverage, DOE does not consider 

whether an individual product is 

distributed in commerce for residential 

or commercial use, but whether it is of 

a type of product distributed in 

commerce for residential use. 

DOE seeks feedback from interested 

parties on its proposed definition and 

scope of coverage of air cleaners. 

IV. Evaluation of Air Cleaners as a 

Covered Product Subject to Energy 

Conservation Standards 

The following sections describe DOE’s 

preliminary evaluation of whether air 

cleaners fulfill the criteria for being 

added as a covered product pursuant to 

42 U.S.C. 6292(b)(1). As stated 

previously, DOE may classify a 

consumer product as a covered product 

if: 

(1) Classifying products of such type 

as covered products is necessary or 

appropriate to carry out the purposes of 

EPCA; and 

(2) The average annual per-household 

energy use by products of such type is 

likely to exceed 100 kWh (or its Btu 

equivalent) per year. 

A. Coverage Necessary or Appropriate 

To Carry Out Purposes of EPCA 

DOE has preliminarily determined 

that coverage of air cleaners is necessary 

or appropriate to carry out the purposes 

of EPCA, which include: 

(1) To conserve energy supplies 

through energy conservation programs, 

and, where necessary, the regulation of 

certain energy uses; and 

(2) To provide for improved energy 

efficiency of motor vehicles, major 

appliances, and certain other consumer 

products. (42 U.S.C. 6291(4)–(5)) 

Although air cleaners are not 

currently subject to energy conservation 

standards under EPCA, as discussed, the 

ENERGY STAR program has developed 

qualifying specifications for room air 

cleaners, starting with the Version 1.0 

specification that became effective July 

1, 2004. The current specification, 

Version 2.0 Rev. April 2021, became 

effective October 17, 2020. During the 

process of developing the Version 1.0 

specification, EPA cited shipments data 

from AHAM showing 1.65 million units 

shipped in 2000, and estimated that 

shipments would grow to 2.02 million 

units in 2010 with an installed base of 

15 million units.8 EPA reported that 

shipments of ENERGY STAR-qualified 

room air cleaners in 2019 were 2.224 

million units, with an estimated market 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51633 

9ENERGY STAR® Unit Shipment and Market 

Penetration Report: Calendar Year 2019 Summary. 

Available online at: www.energystar.gov/sites/

default/files/asset/document/2019%20Unit

%20Shipment%20Data%20Summary

%20Report.pdf. 

10ENERGY STAR Certified Room Air Cleaners 

Database. Accessed June 24, 2021. Available online 

at www.energystar.gov/productfinder/product/

certified-room-air-cleaners/. 

11Air Purifiers (Cleaners). Accessed June 28, 

2021. Available online at: www.energystar.gov/ 

products/air_purifiers_cleaners. 

penetration of 43 percent, indicating 

overall shipments of air cleaners were 

5.17 million units.9 Based on EPA’s 

definition of room air cleaner, these 

shipments and installed base estimates 

comprise only portable configurations of 

air cleaners. Nevertheless, the ratings 

contained in the ENERGY STAR 

database of certified room air cleaners 10

demonstrate significant variation in the 

total energy consumption among 

different models currently available, 

suggesting that technologies exist to 

reduce the energy consumption of air 

cleaners. 

DOE requests data and information 

regarding current annual shipments of 

air cleaners and the installed base of air 

cleaners, specifying the scope of 

products included in any such estimates 

(e.g., portable, non-portable (wallmounted, ceiling-mounted, wholehome), etc.) 

DOE requests comment on the 

availability or lack of availability of 

technologies for improving energy 

efficiency of air cleaners. 

B. Average Household Energy Use 

DOE estimated the average household 

energy use for air cleaners, in 

households that use the product, using 

power consumption data reported in the 

ENERGY STAR product database. The 

ENERGY STAR database is the only 

publicly available source, of which DOE 

is aware, that provides energy 

consumption data for air cleaners. For 

each model, the database lists the 

annual energy use in kilowatt-hours per 

year (‘‘kWh/yr’’), along with other 

relevant performance metrics, as 

measured according to ANSI/AHAM 

AC–1–2020. The reported annual energy 

consumption ranges from 123 kWh/year 

to 770 kWh/year, with an average 

annual energy consumption of 299 

kWh/year among all models in the 

ENERGY STAR database. The energy 

consumption of non-ENERGY STARqualified models, comprising 57 percent 

of shipments in 2019 as discussed in 

section IV.A of this document, is likely 

to be higher. The ENERGY STAR 

program estimates that the standard 

(i.e., non-ENERGY STAR qualified) 

consumer air cleaner operating 

continuously uses around 550 kWh/ 

year.11

Although the ENERGY STAR program 

covers only portable configurations of 

air cleaners, the similarity in 

fundamental design and operation (i.e., 

a fan or other means for air circulation 

and a means for of removing, 

destroying, or deactivating particulates 

and microorganisms from the air) of 

non-portable products (e.g., wallmounted, ceiling-mounted, whole-home 

units) suggests that non-portable air 

cleaners are likely to have similar or 

higher energy consumption as compared 

to portable air cleaners. 

Based on this analysis, DOE 

tentatively determines that the average 

annual per-household energy use for air 

cleaners is very likely to exceed 100 

kWh/year, satisfying the provisions of 

42 U.S.C. 6292(b)(1). 

DOE requests data and information 

regarding annual energy use estimates 

for air cleaners, particularly for products 

not covered by the ENERGY STAR 

program, such as non-portable products 

(wall-mounted, ceiling-mounted, and 

whole-home units). 

C. Preliminary Determination 

Based on the foregoing, DOE has 

tentatively determined that classifying 

air cleaners, as proposed to be defined 

in this document, is necessary and 

appropriate to carry out the purposes of 

EPCA; and the average annual perhousehold energy use by air cleaners is 

likely to exceed 100 kWh (or its Btu 

equivalent) per year. As such, DOE has 

preliminarily determined to classify air 

cleaners as a covered product under Part 

A of Title III of EPCA, as amended. 

DOE requests comment on whether 

classifying air cleaners as a covered 

product is necessary or appropriate to 

carry out the purposes of EPCA. 

V. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

This proposed determination has been 

determined to be not significant for 

purposes of Executive Order (‘‘E.O.’’) 

12866, ‘‘Regulatory Planning and 

Review,’’ 58 FR 51735 (Oct. 4, 1993). As 

a result, the Office of Management and 

Budget (‘‘OMB’’) did not review this 

proposed determination. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis (‘‘IRFA’’) for any rule that by 

law must be proposed for public 

comment, unless the agency certifies 

that the proposed rule, if promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities. As required by E.O. 13272, 

‘‘Proper Consideration of Small Entities 

in Agency Rulemaking’’ 67 FR 53461 

(Aug. 16, 2002), DOE published 

procedures and policies on February 19, 

2003 to ensure that the potential impact 

of its rules on small entities are properly 

considered during the DOE rulemaking 

process. 68 FR 7990. DOE has made its 

procedures and policies available on the 

Office of the General Counsel’s website 

(www.energy.gov/gc/office-assistantgeneral-counsel-legislation-regulationand-energy-efficiency). 

This proposed determination would 

not establish test procedures or energy 

conservation standards for air cleaners. 

If adopted, the proposed determination 

would only positively determine that 

future standards may be warranted and 

should be explored in an energy 

conservation standards and test 

procedure rulemaking. Economic 

impacts on small entities would be 

considered in the context of such 

rulemakings. Therefore, DOE initially 

concludes that the impacts of the 

proposed determination would not have 

a ‘‘significant economic impact on a 

substantial number of small entities,’’ 

and that the preparation of an IRFA is 

not warranted. DOE will transmit the 

certification and supporting statement 

of factual basis to the Chief Counsel for 

Advocacy of the Small Business 

Administration for review under 5 

U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act 

Manufacturers of covered products 

must certify to DOE that their products 

comply with any applicable energy 

conservation standards. To certify 

compliance, manufacturers must first 

obtain test data for their products 

according to the DOE test procedures, 

including any amendments adopted for 

those test procedures. DOE has 

established regulations for the 

certification and recordkeeping 

requirements for all covered consumer 

products and commercial equipment. 

(See generally 10 CFR part 429.) The 

collection-of-information requirement 

for the certification and recordkeeping 

is subject to review and approval by 

OMB under the Paperwork Reduction 

Act (‘‘PRA’’). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 35 hours per response, 

51634 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

As noted previously, this proposed 

determination, if made final, would not 

establish any testing requirements or 

energy conservation standards for air 

cleaners. 

D. Review Under the National 

Environmental Policy Act of 1969 

DOE is analyzing this proposed 

regulation in accordance with the 

National Environmental Policy Act 

(‘‘NEPA’’) and DOE’s NEPA 

implementing regulations (10 CFR part 

1021). DOE’s regulations include a 

categorical exclusion for rulemakings 

that are strictly procedural. 10 CFR part 

1021, subpart D, appendix A6. DOE 

anticipates that this rulemaking 

qualifies for categorical exclusion A6 

because it is a strictly procedural 

rulemaking and otherwise meets the 

requirements for application of a 

categorical exclusion. See 10 CFR 

1021.410. DOE will complete its NEPA 

review before issuing the final rule. 

E. Review Under Executive Order 13132 

E.O. 13132, ‘‘Federalism’’ 64 FR 

43255 (Aug. 10, 1999), imposes certain 

requirements on federal agencies 

formulating and implementing policies 

or regulations that preempt state law or 

that have Federalism implications. The 

Executive order requires agencies to 

examine the constitutional and statutory 

authority supporting any action that 

would limit the policymaking discretion 

of the States and to carefully assess the 

necessity for such actions. The 

Executive order also requires agencies to 

have an accountable process to ensure 

meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process that it will follow 

in the development of such regulations. 

65 FR 13735. DOE has examined this 

proposed determination and had 

tentatively determined that it would not 

have a substantial direct effects on the 

States, on the relationship between the 

Federal government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the products that are the subject of this 

proposed determination. States can 

petition DOE for exemption from such 

preemption to the extent, and based on 

criteria, set forth in EPCA. (42 U.S.C. 

6297) Therefore, no further action is 

required by E.O. 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform,’’ imposes 

on federal agencies the general duty to 

adhere to the following requirements: 

(1) Eliminate drafting errors and 

ambiguity, (2) write regulations to 

minimize litigation, (3) provide a clear 

legal standard for affected conduct 

rather than a general standard, and (4) 

promote simplification and burden 

reduction. 61 FR 4729 (Feb. 7, 1996). 

Regarding the review required by 

section 3(a), section 3(b) of E.O. 12988 

specifically requires that Executive 

agencies make every reasonable effort to 

ensure that the regulation: (1) Clearly 

specifies the preemptive effect, if any, to 

be given to the law (2) clearly specifies 

any effect on existing Federal law or 

regulation, (3) provides a clear legal 

standard for affected conduct, (4) 

specifies the retroactive effect, if any, to 

be given to the law, (5) defines key 

terms, either explicitly or by reference 

to other statues that explicitly define 

those terms, and (6) addresses other 

important issues affecting clarity and 

general draftsmanship of legislation 

under any guidelines issued by the 

Attorney General. Section 3(c) of E.O. 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met or it is 

unreasonable to meet one or more of 

those standards. DOE completed the 

required review and determined that, to 

the extent permitted by law, this 

proposed determination meets the 

relevant standards of E.O. 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (‘‘UMRA’’) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Public Law 104–4, sec. 

201 (codified at 2 U.S.C. 1531). For a 

proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one year (adjusted annually for 

inflation), section 202 of UMRA requires 

a Federal agency to publish a written 

statement that estimates the resulting 

costs, benefits, and other effects on the 

national economy. (2 U.S.C. 1532(a), (b)) 

The UMRA requires a Federal agency to 

develop an effective process to permit 

timely input by elected officers of State, 

local, and Tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate,’’ and requires an agency plan 

for giving notice and opportunity for 

timely input to potentially affected 

small governments before establishing 

any requirement that might significantly 

or uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. DOE’s policy 

statement is also available at 

www.energy.gov/sites/prod/files/gcprod/

documents/umra_97.pdf. 

DOE examined this proposed 

determination according to UMRA and 

its statement of policy and determined 

that the proposed determination does 

not contain a Federal intergovernmental 

mandate, nor is it expected to require 

expenditures of $100 million or more in 

any one year by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector. As a result, the analytical 

requirements of UMRA do not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act of 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

proposed determination would not have 

any impact on the autonomy or integrity 

of the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

Pursuant to E.O. 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’ 53 FR 8859 (Mar. 15, 1988), 

DOE has determined that this proposed 

determination would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act of 2001 

Section 515 of the Treasury and 

General Government Appropriation Act, 

Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 51635 

2001 (44 U.S.C. 3516, note) provides for 

Federal agencies to review most 

disseminations of information to the 

public under information quality 

guidelines established by each agency 

pursuant to general guidelines issued by 

OMB. OMB’s guidelines were published 

at 67 FR 8452 (Feb. 22, 2002), and 

DOE’s guidelines were published at 67 

FR 62446 (Oct. 7, 2002). Pursuant to 

OMB Memorandum M–19–15, 

Improving Implementation of the 

Information Quality Act (April 24, 

2019), DOE published updated 

guidelines which are available at 

www.energy.gov/sites/prod/files/2019/ 

12/f70/DOE%20Final%20Updated

%20IQA%20Guidelines%20Dec

%202019.pdf. DOE has reviewed this 

NOPD under the OMB and DOE 

guidelines and has concluded that it is 

consistent with applicable policies in 

those guidelines. 

K. Review Under Executive Order 13211 

E.O. 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use,’’ 66 

FR 28355 (May 22, 2001), requires 

Federal agencies to prepare and submit 

to the Office of Information and 

Regulatory Affairs (‘‘OIRA’’) at OMB a 

Statement of Energy Effects for any 

proposed significant energy action. A 

‘‘significant energy action’’ is defined as 

any action by an agency that 

promulgates or is expected to lead to 

promulgation of a final rule, and that (1) 

is a significant regulatory action under 

E.O. 12866, or any successor Executive 

order; and (2) is likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy; or (3) is 

designated by the Administrator of 

OIRA as a significant energy action. For 

any proposed significant energy action, 

the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

This proposed regulatory action to 

classify air cleaners as covered products 

is not a significant regulatory action 

under Executive Order 12866. 

Moreover, it would not have a 

significant adverse effect on the supply, 

distribution, or use of energy, nor has it 

been designated as such by the 

Administrator of OIRA. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects. 

L. Information Quality 

On December 16, 2004, OMB, in 

consultation with the Office of Science 

and Technology Policy (‘‘OSTP’’), 

issued its Final Information Quality 

Bulletin for Peer Review (‘‘the 

Bulletin’’). 70 FR 2664 (Jan. 14, 2005). 

The Bulletin establishes that certain 

scientific information shall be peer 

reviewed by qualified specialists before 

it is disseminated by the Federal 

Government, including influential 

scientific information related to agency 

regulatory actions. The purpose of the 

Bulletin is to enhance the quality and 

credibility of the Government’s 

scientific information. DOE has 

determined that the analyses conducted 

for this rulemaking do not constitute 

‘‘influential scientific information,’’ 

which the Bulletin defines as ‘‘scientific 

information the agency reasonably can 

determine will have or does have a clear 

and substantial impact on important 

public policies or private sector 

decisions.’’ 70 FR 2667 (Jan. 14, 2005). 

The analyses were subject to predissemination review prior to issuance 

of this rulemaking. 

VI. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notification 

of proposed determination no later than 

the date provided at the DATES section 

at the beginning of this document. 

Interested parties may submit 

comments, data, and other information 

using any of the methods described in 

the ADDRESSES section at the beginning 

of this document. 

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. 

Otherwise, 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 information to 

www.regulations.gov 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. Anyone 

submitting comments 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 

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. With this 

instruction followed, 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. Facsimile 

submissions will not 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, that are written in English, and 

that are 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. 

51636 Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules 

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 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). 

B. Issues on Which DOE Seeks 

Comments 

DOE welcomes comments on all 

aspects of this proposed determination. 

DOE is particularly interested in 

receiving comments and views of 

interested parties concerning the 

following issues: 

• Proposed definition and scope of 

coverage of air cleaners; 

• Data and information regarding 

current annual shipments of air cleaners 

and the installed base of air cleaners, 

specifying the scope of products 

included in any such estimates (e.g., 

portable, non-portable (wall-mounted, 

ceiling-mounted, whole-home), etc.); 

• Availability or lack of availability of 

technologies for improving energy 

efficiency of air cleaners. 

• Data and information regarding 

annual energy use estimates for air 

cleaners, particularly for products not 

covered by the ENERGY STAR program, 

such as non-portable products (wallmounted, ceiling-mounted, and wholehome units); and 

• Whether classifying air cleaners as 

a covered product is necessary or 

appropriate to carry out the purposes of 

EPCA. 

DOE is interested in receiving views 

concerning other relevant issues that 

participants believe would affect its 

ability to establish test procedures and 

energy conservation standards for air 

cleaners. 

After the expiration of the period for 

submitting written statements, DOE will 

consider all comments and additional 

information that is obtained from 

interested parties or through further 

analyses, and it will prepare a final 

determination. 

VII. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this notification of 

proposed determination. 

Signing Authority 

This document of the Department of 

Energy was signed on September 10, 

2021, by Kelly Speakes-Backman, 

Principal Deputy Assistant Secretary 

and Acting 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 September 

10, 2021 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

[FR Doc. 2021–19950 Filed 9–15–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1006; Project 

Identifier 2019–CE–047–AD] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede Airworthiness Directive (AD) 

78–02–03, which applies to all Piper 

Aircraft, Inc. (Piper), Model PA–23–250 

airplanes. AD 78–02–03 requires 

repetitively inspecting the stabilator tip 

tube and weight assemblies for cracks, 

inspecting for missing rivets and screws, 

replacing the forward rib/horn 

assemblies, and reinforcing the 

mounting. Since AD 78–02–03 was 

issued, Piper developed a newlydesigned stabilator, which is not subject 

to the unsafe condition, and revised its 

service information. This proposed AD 

would retain the actions of AD 78–02– 

03, but would reduce the applicability 

and require the actions in the revised 

service information. The FAA is 

proposing this AD to address the unsafe 

condition on these products. 

DATES: The FAA must receive comments 

on this proposed AD by November 1, 

2021. 

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 

https://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 NPRM, contact Piper Aircraft, Inc., 

2926 Piper Drive, Vero Beach, FL 32960; 

phone: (772) 299–2141; website: https:// 

www.piper.com/. You may view this 

service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2020–1006; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: John 

Marshall, Aviation Safety Engineer, 

Atlanta ACO Branch, FAA, 1701 

Columbia Avenue, College Park, GA 

30337; phone: (404) 474–5524; fax: (404) 

474–5605; email: john.r.marshall@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket 

Number FAA–2020–1006; Project