26816 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 

1This part was originally titled Part B but it was 

redesignated Part A in the United States Code for 

editorial reasons. 

reporting is not consistent with other 

event reporting requirements. 

9. Remove paragraph (b)(5) of 

Appendix A because it is redundant 

with paragraph (b)(1) of Appendix A. 

10. The petitioner states that the 

industry understands that additional 

NRC staff guidance is being prepared 

concerning the issuance of reports 

submitted to the NRC Operations Center 

concurrent to the news release or other 

notification concerning any event or 

situation, related to the health and 

safety of the public or onsite personnel, 

or protection of the environment. The 

petitioner encourages the NRC to issue 

the guidance for public comment as 

soon as possible. 

Dated at Rockville, Maryland, this 29th day 

of May 2009. 

For the Nuclear Regulatory Commission. 

Annette L. Vietti-Cook, 

Secretary of the Commission. 

[FR Doc. E9–13023 Filed 6–3–09; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–STD–0005] 

RIN 1904–AB57 

Energy Efficiency Program for 

Consumer Products: Public Meeting 

and Availability of Framework 

Document for Battery Chargers and 

External Power Supplies 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of a Framework Document. 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating a rulemaking 

process to consider establishing new 

energy conservation standards for 

battery chargers and amending the 

energy conservation standards for Class 

A external power supplies, as directed 

by the Energy Independence and 

Security Act of 2007 (EISA). 

Accordingly, DOE will hold an informal 

public meeting to discuss and receive 

comments on its planned analytical 

approach and issues it will address in 

this rulemaking proceeding. DOE also 

welcomes written comments from the 

public concerning this rulemaking. To 

inform interested parties and to 

facilitate this process, DOE has prepared 

two documents: a framework document, 

which explains the analytical approach 

and identifies particular issues on 

which DOE is interested in receiving 

comment; and a draft technical report, 

which details DOE’s research and 

analysis on these products to date. 

Copies of these and all other documents 

associated with this rulemaking are 

available at http://www.eere.energy.gov/ 

buildings/appliance_standards/ 

residential/battery_external.html. 

DATES: DOE will hold a public meeting 

in Washington, DC, beginning on July 

16, 2009, from 9 a.m. to 5 p.m. The 

agenda for the public meeting will 

include the energy conservation 

standards rulemaking on battery 

chargers and external power supplies. 

DOE must receive requests to speak at 

this public meeting no later than 4 p.m., 

Thursday, July 2, 2009. DOE must 

receive a signed original and an 

electronic copy of statements to be given 

at the public meeting no later than 4 

p.m., Thursday, July 9, 2009. Written 

comments on the framework document 

are welcome, especially following the 

public meeting, and should be 

submitted by July 20, 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 

inform DOE as soon as possible by 

contacting Ms. Brenda Edwards at (202) 

586–2945 so that the necessary 

procedures can be completed. 

Interested parties may submit 

comments, identified by docket number 

EERE–2008–BT–STD–0005 and/or 

Regulation Identifier Number (RIN) 

1904–AB57, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: BC&EPS_ECS@ee.doe.gov. 

Include docket number EERE–2008–BT– 

STD–0005 and/or RIN 1904–AB57 in 

the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Framework Document for Battery 

Chargers and External Power Supplies, 

docket number EERE–2008–BT–STD– 

0005 and/or RIN 1904–AB57, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 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. Please submit 

one signed paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. 

Docket: For access to the docket to 

read background documents or 

comments received, go to the U.S. 

Department of Energy, Resource Room 

of the Building Technologies Program, 

Sixth 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 first at 

the above telephone number for 

additional information about visiting 

the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Victor Petrolati, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–4549. E-mail: 

Victor.Petrolati@ee.doe.gov. 

Mr. Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

GC–72, 1000 Independence Avenue, 

SW., Washington, DC 20585. Telephone: 

(202) 586–9507. E-mail: 

Michael.Kido@hq.doe.gov. 

For information on how to submit or 

review public comments and on how to 

participate in the public meeting, 

contact Ms. Brenda Edwards, U.S. 

Department of Energy, Office of Energy 

Efficiency and Renewable Energy, 

Building Technologies Program, EE–2J, 

1000 Independence Avenue, SW., 

Washington, DC, 20585–0121. 

Telephone (202) 586–2945. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: Title III of 

the Energy Policy and Conservation Act 

(EPCA), as amended (42 U.S.C. 6291 et 

seq.), sets forth a variety of provisions 

designed to improve energy efficiency. 

Part B of Title III (42 U.S.C. 6291–6309), 

subsequently renamed Part A, 

established the ‘‘Energy Conservation 

Program for Consumer Products Other 

Than Automobiles.’’ 1 The consumer 

products subject to this program are 

referred to as ‘‘covered products.’’ 

Section 135 of the Energy Policy Act 

of 2005 (EPACT 2005), Public Law 109– 

58, amended sections 321 and 325 of 

EPCA, by defining battery chargers and 

external power supplies and directing 

the Secretary to prescribe ‘‘definitions 

and test procedures for the power use of 

battery chargers and external power 

Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 26817 

supplies’’ and to ‘‘issue a final rule that 

determines whether energy conservation 

standards shall be issued for battery 

chargers and external power supplies or 

classes of battery chargers and external 

power supplies.’’ (42 U.S.C. 

6295(u)(1)(A) and (E)) 

On December 8, 2006, DOE complied 

with the first of these requirements by 

publishing a final rule that prescribed 

test procedures for a variety of products. 

71 FR 71340. That rule, which is 

currently codified in multiple sections 

of the Code of Federal Regulations 

(CFR), included definitions and test 

procedures for battery chargers and 

external power supplies. The test 

procedures for battery chargers and 

external power supplies are found in 10 

CFR Part 430, Subpart B, Appendix Y 

(‘‘Uniform Test Method for Measuring 

the Energy Consumption of Battery 

Chargers’’) and 10 CFR Part 430, 

Subpart B, Appendix Z (‘‘Uniform Test 

Method for Measuring the Energy 

Consumption of External Power 

Supplies.’’), respectively. 

DOE subsequently published a notice 

of public meeting and availability of 

documentation for public review on 

December 29, 2006. 71 FR 78389. This 

public meeting, called a ‘‘Scoping 

Workshop,’’ discussed DOE’s plans for 

conducting a determination analysis for 

battery chargers and external power 

supplies. The Scoping Workshop was 

held at DOE’s Forrestal Building in 

Washington, DC, on January 24, 2007. 

Information pertaining to the Scoping 

Workshop can be found on DOE’s Web 

site at http://www.eere.energy.gov/ 

buildings/appliance_standards/ 

residential/battery_external.html. 

On December 19, 2007, Congress 

enacted the Energy Independence and 

Security Act of 2007 (EISA), Public Law 

110–140, which amended, among 

others, sections 321, 323, and 325 of 

EPCA. While EPACT 2005 amended 

EPCA by defining an external power 

supply as ‘‘an external power supply 

circuit that is used to convert household 

electric current into DC current or 

lower-voltage AC current to operate a 

consumer product’’ (42 U.S.C. 

6291(36)(A)), section 301 of EISA 

amended this definition by creating a 

subset of external power supplies called 

‘‘Class A External Power Supplies’’— 

those external power supplies that are 

‘‘able to convert to only 1 AC or DC 

output voltage at a time’’ and that have 

‘‘nameplate output power that is less 

than or equal to 250 watts.’’ (42 U.S.C. 

6291(36)(C)(i)) Section 301 of EISA also 

established for these products energy 

conservation standards that became 

effective on July 1, 2008, and directed 

DOE to conduct an energy conservation 

standards rulemaking to review those 

standards by July 1, 2011. 

Additionally, section 309 of EISA 

amended section 325(u)(1)(E) of EPCA 

by directing DOE to issue a final rule 

that prescribes energy conservation 

standards for battery chargers or classes 

of battery chargers or to determine that 

no energy conservation standard is 

technologically feasible and 

economically justified. DOE is bundling 

together this battery charger rulemaking 

proceeding with the requirement to 

review and consider amending the 

energy conservation standards for Class 

A external power supplies, as both 

rulemakings must be completed by July 

1, 2011. The new rulemaking 

requirements contained in sections 301 

and 309 of EISA effectively supersede 

the prior determination analysis that 

EPACT 2005 required DOE to conduct. 

Section 309 of EISA also instructed 

DOE to ‘‘issue a final rule that 

determines whether energy conservation 

standards shall be issued for external 

power supplies or classes of external 

power supplies’’ no later than two years 

after EISA’s enactment. (42 U.S.C. 

6295(u)(1)(E)(i)(I)) Because DOE cannot 

conduct a determination analysis on 

whether it should issue energy 

conservation standards for a product for 

which standards have already been set, 

DOE is interpreting these sections 

jointly as a requirement to determine, in 

a separate rulemaking to be completed 

by December 19, 2009, whether energy 

conservation standards shall be issued 

for non-Class A external power 

supplies. Examples of these types of 

external power supplies include those 

with nameplate output power greater 

than 250 watts, those that are able to 

convert to more than one AC or DC 

output voltage at the same time, and 

those that are specifically excluded from 

coverage under the Class A external 

power supply definition provided by 

EISA by virtue of their application (e.g., 

EPSs used with medical devices). 

Finally, section 310 of EISA 

established definitions for active mode, 

standby mode, and off mode, and 

directed DOE to amend its existing test 

procedures for both BCs and EPSs to 

measure the energy consumed in 

standby mode and off mode. (42 U.S.C. 

6295(gg)(2)(B)(i)) DOE satisfied this 

requirement by publishing a final rule 

that incorporated standby and off mode 

measurement into the DOE test 

procedure. 74 FR 13318 (March 27, 

2009). 

To initiate the bundled battery 

charger and Class A external power 

supply rulemaking, DOE has prepared a 

Framework Document to explain the 

issues, analyses, inputs, and processes it 

anticipates will arise in developing new 

energy conservation standards for 

battery chargers and amended energy 

conservation standards for Class A 

external power supplies. In addition, 

DOE has prepared a draft technical 

report that presents DOE’s research, 

analysis, and methods on both these 

products as part of its work on the 

determination analysis in 2007. The 

publication of this draft technical report 

is not intended to set any new precedent 

for framework document meetings. 

Instead, DOE believes that it may 

receive better comment and more 

precise direction from interested parties 

on key issues by publishing its 

previously developed draft analyses in 

conjunction with this framework 

document. As discussed earlier, the 

work on the determination was 

overtaken by the changes introduced by 

EISA, which modified both its scope 

and schedule. 

As noted above, DOE will hold a 

public meeting on Thursday, July 16, 

2009, in Washington, DC, to discuss the 

analyses presented and issues identified 

in the Framework Document. At the 

public meeting, the Department will 

make a number of presentations, invite 

discussion on the rulemaking process as 

it applies to battery chargers and 

external power supplies, and solicit 

comments, data, and information from 

participants and other interested parties. 

DOE will also invite comment on its 

preliminary analyses of battery chargers 

and external power supplies, as 

described in the draft technical report 

The public meeting will be conducted 

in an informal, facilitated conference 

style. There shall be no discussion of 

proprietary information, costs or prices, 

market shares, or other commercial 

matters regulated by U.S. antitrust laws. 

A court reporter will record the 

proceedings of the public meeting, 

which will be entered into the docket 

for this rulemaking. 

DOE encourages those who wish to 

participate in the public meeting to read 

the Framework Document and draft 

technical report and to be prepared to 

discuss their contents. Copies of both 

documents are available at http:// 

www.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

battery_external.html. 

Public meeting participants need not 

limit their comments to the issues 

identified in the Framework Document. 

DOE is also interested in receiving 

comments concerning other relevant 

issues that participants believe would 

affect any energy conservation standards 

for these products. For example, 

interested parties are invited to 

comment on external power supplies 

26818 Federal Register / Vol. 74, No. 106 / Thursday, June 4, 2009 / Proposed Rules 

not included in Class A. DOE is 

conducting a separate determination 

analysis rulemaking for these products, 

but intends to invite public comment on 

the scope of coverage for non-Class A 

external power supplies at the end of 

the public meeting, if time permits. 

DOE invites all interested parties, 

whether they participate in the public 

meeting, to submit in writing by July 20, 

2009, comments and information on 

matters addressed in the Framework 

Document and on other matters relevant 

to assessment of energy conservation 

standards for battery chargers and 

external power supplies. 

After the public meeting and the close 

of the comment period on the 

Framework Document, DOE will begin 

collecting data, conducting the analyses 

as discussed in the Framework 

Document and at the public meeting, 

and reviewing the comments received. 

DOE considers public participation to 

be a very important part of the process 

for setting energy conservation 

standards. DOE encourages the 

participation and interaction of the 

public during the comment period in 

each stage of the rulemaking process. 

Beginning with the Framework 

Document, and during each subsequent 

public meeting and comment period, 

interactions with and among members 

of the public provide a balanced 

discussion of the issues that assists DOE 

in the standards rulemaking process. 

Accordingly, anyone who would like to 

participate in the public meeting, 

receive meeting materials, or be added 

to the DOE mailing list to receive future 

notices and information regarding this 

and related rulemakings on battery 

chargers and external power supplies 

should contact Ms. Brenda Edwards at 

(202) 586–2945, or via e-mail at 

Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on May 26, 

2009. 

Steven Chalk, 

Principal Deputy Assistant Secretary, Energy 

Efficiency and Renewable Energy. 

[FR Doc. E9–12906 Filed 6–3–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. CE296; Notice No. 23–09–02SC] 

Special Conditions: Cessna Aircraft 

Company, Model 525C (CJ4); Lithium 

Ion Battery Installation 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Cessna Aircraft 

Company, model 525C (CJ4) airplane. 

This airplane will have a novel or 

unusual design feature associated with 

the installation of lithium ion (Li-ion) 

batteries. Cessna Aircraft Company 

proposes to use a lithium-ion main 

battery on the new model 525C (CJ4) 

commuter category airplane for main 

battery applications, and is also 

considering the use of this technology in 

several other auxiliary battery 

applications in this airplane. This type 

of battery possesses certain failure, 

operational characteristics, and 

maintenance requirements that differ 

significantly from that of the nickel 

cadmium and lead acid rechargeable 

batteries currently approved in other 

normal, utility, acrobatic, and commuter 

category airplanes. 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: We must receive your comments 

by July 6, 2009. 

ADDRESSES: Mail two copies of your 

comments to Federal Aviation 

Administration, Regional Counsel, 

ACE–7, Attention: Rules Docket Clerk, 

Docket No. CE296, Room 506, 901 

Locust, Kansas City, Missouri 64106. 

You may deliver two copies to the Small 

Airplane Directorate at the above 

address. Mark your comments: Docket 

No. CE296. You may inspect comments 

in the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Ervin Dvorak, Aerospace Engineer, 

Standards Office (ACE–111), Small 

Airplane Directorate, Aircraft 

Certification Service, Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4123. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite interested people to take 

part in this rulemaking by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the special 

conditions, explain the reason for any 

recommended change, and include 

supporting data. We ask that you send 

us two copies of written comments. 

We will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning these special conditions. 

You may inspect the docket before and 

after the comment closing date. If you 

wish to review the docket in person, go 

to the address in the ADDRESSES section 

of this preamble between 7:30 a.m. and 

4 p.m., Monday through Friday, except 

Federal holidays. 

We will consider all comments we 

receive on or before the closing date for 

comments. We will consider comments 

filed late if it is possible to do so 

without incurring expense or delay. We 

may change these special conditions 

based on the comments we receive. 

If you want the FAA to acknowledge 

receipt of your comments on this 

proposal, include with your comments 

a pre-addressed, stamped postcard on 

which the docket number appears. We 

will stamp the date on the postcard and 

mail it back to you. 

Background 

On August 9, 2006, Cessna Aircraft 

Company applied for an amendment to 

Type Certificate Number A1WI to 

include the new model 525C (CJ4). The 

model 525C (CJ4), which is a derivative 

of the model 525B (CJ3) currently 

approved under Type Certificate 

Number A1WI, is a commuter category, 

low-winged monoplane with ’’T’’ tailed 

vertical and horizontal stabilizers, 

retractable tricycle type landing gear 

and twin turbofan engines mounted on 

the aircraft fuselage. The maximum 

takeoff weight is 16,950 pounds, the 

VMO/MMO is 305 KIAS/M 0.77 and 

maximum altitude is 45,000 feet. Cessna 

Aircraft Company proposes to utilize 

lithium Ion (Li-ion) batteries for main 

battery applications, and is considering 

the use of this technology in several 

other auxiliary battery applications in 

this airplane. 

Type Certification Basis 

Under the provisions of 14 CFR part 

21, § 21.101, Cessna Aircraft Company 

must show that the model 525C (CJ4)