82_FR_32021 82 FR 31890 - Energy Conservation Program: Test Procedures for Compressors

82 FR 31890 - Energy Conservation Program: Test Procedures for Compressors

DEPARTMENT OF ENERGY

Federal Register Volume 82, Issue 131 (July 11, 2017)

Page Range31890-31892
FR Document2017-14472

On January 4, 2017, the U.S. Department of Energy (``DOE'') published a final rule establishing new test procedures for certain varieties of compressors. The final rule established definitions, materials incorporated by reference, sampling plans, representations requirements, enforcement provisions and test procedures for certain varieties of compressors. Since that time, DOE has received correspondence, raising concerns that certain issues and information may not have been fully considered during the original rulemaking proceeding and also indicating further clarification may be needed to implement the rule as adopted. As a result, by this RFI, DOE is soliciting further data and information regarding the compressor test procedure and announcing that DOE will not seek to enforce the test procedure rule for 180 days (i.e., until December 30, 2017) while it considers the data and information already submitted and any further material submitted in response to this request for information.

Federal Register, Volume 82 Issue 131 (Tuesday, July 11, 2017)
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31890-31892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14472]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[EERE-2014-BT-TP-0054]
RIN 1904-AD43


Energy Conservation Program: Test Procedures for Compressors

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Request for information (RFI).

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SUMMARY: On January 4, 2017, the U.S. Department of Energy (``DOE'') 
published a final rule establishing new test procedures for certain 
varieties of compressors. The final rule established definitions, 
materials incorporated by reference, sampling plans, representations 
requirements, enforcement provisions and test procedures for certain 
varieties of compressors. Since that time, DOE has received 
correspondence, raising concerns that certain issues and information 
may not have been fully considered during the original rulemaking 
proceeding and also indicating further clarification may be needed to 
implement the rule as adopted. As a result, by this RFI, DOE is 
soliciting further data and information regarding the compressor test 
procedure and announcing that DOE will not seek to enforce the test 
procedure rule for 180 days (i.e., until December 30, 2017) while it 
considers the data and information already submitted and any further 
material submitted in response to this request for information.

DATES: Comments: DOE will accept comments, data, and information 
regarding this RFI until September 11, 2017.

ADDRESSES: Interested parties are encouraged to submit comments using 
the Federal eRulemaking Portal at www.regulations.gov. Any comments 
submitted must identify the request for information concerning the test 
procedures for compressors. You may submit comments, identified by 
Docket Number, EERE-2014-BT-TP-0054, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the 
docket number, EERE-2014-BT-TP-0054 in the subject line of the message. 
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or 
ASCII file format, and avoid the use of special characters or any form 
of encryption.
     Postal Mail: Appliance Standards Program, U.S. Department 
of Energy, Building Technologies Office, Mailstop EE-5B, Compressor TP 
RFI Docket Number: EERE-2014-BT-TP-0054, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Telephone: (202) 586-6636. If possible, 
please submit all items on a compact disc (CD), in which case it is not 
necessary to include printed copies.
     Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW., 6th Floor, Washington, DC 20024. Telephone: (202) 
586-6636. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimiles (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on the 
rulemaking process, see section II of this document (Public 
Participation).

FOR FURTHER INFORMATION CONTACT: Mr. James Raba, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-8654. Email: 
[email protected].
    Ms. Mary Greene, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1817. Email: [email protected].
    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) 586-6636 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
    A. Coverage Determination
    B. Test Procedure
    C. Questions Raised About Test Procedure
    D. Request for Information and Enforcement Forbearance
II. Public Participation
    A. Submission of Comments
III. Approval of the Office of the Secretary

I. Authority and Background

A. Coverage Determination

    Title III of the Energy Policy and Conservation Act of 1975, as 
amended (``EPCA''), sets forth a variety of provisions designed to 
improve energy efficiency. (42 U.S.C. 6291, et seq.) Part C of Title 
III, which for editorial reasons was re-designated as Part A-1 upon 
incorporation into the U.S. Code (42 U.S.C. 6311-6317), establishes the 
``Energy Conservation Program for Certain Industrial Equipment.'' EPCA 
provides that DOE may include a type of industrial equipment, including 
compressors, as covered equipment if it determines that to do so is 
necessary to carry out the purposes of Part A-1. (42 U.S.C. 
6311(2)(B)(i) and 6312(b)). The purpose of Part A-1 is to improve the 
efficiency of electric motors and pumps and certain other industrial 
equipment in order to conserve the energy resources of the Nation. (42 
U.S.C 6312(a)) On November 15, 2016, DOE published a Notice of Final 
Determination of Coverage, classifying compressors as covered 
equipment. The final coverage determination became effective on 
December 15, 2016. 81 FR 79991.

B. Test Procedure

    DOE may develop test procedures to measure the energy efficiency, 
energy use, or estimated annual operating cost of each covered 
equipment. (42 U.S.C. 6314). Manufacturers of covered equipment must 
use the prescribed DOE test procedure as the basis for certifying to 
DOE that their equipment complies with the applicable energy 
conservation standards adopted under EPCA and when making any 
representations regarding the energy use or efficiency of that 
equipment. (42 U.S.C. 6295(s), 6316(a) and 6314(d)).
    On January 4, 2017, DOE published a final rule to establish new 
test procedures for certain varieties of compressors. 82 FR 1052. The 
final rule established definitions, materials incorporated by 
reference, sampling plans, representations requirements, enforcement 
provisions and test procedures for certain varieties of

[[Page 31891]]

compressors. The effective date of the test procedure rule was 
originally February 3, 2017--i.e., 30 days after publication in the 
Federal Register.
    Effective on February 1, 2017, DOE temporarily postponed the 
effective date of its January 4th final rule. See 82 FR 8985 (February 
2, 2017). On March 21, 2017, the effective date of the test procedure 
final rule was further extended to July 3, 2017, the date on which EPCA 
(through 42 U.S.C. 6314(d)) requires compliance with that procedure. 
(82 FR 14426).

C. Questions Raised About Test Procedure

    A number of small businesses have written DOE expressing concern 
about the economic burden of the test procedure rule (see e.g., 
submission from Compressed Air Systems (CAS) \1\). They are concerned 
both about the cost of implementing the necessary changes to comply 
with the test procedure, as well as the cost of changing their 
informational literature to comply with the representation 
requirements. For example, Compressed Air Systems (CAS) has argued that 
DOE's cost estimates for the test procedure rule significantly under-
estimated the cost the rule would impose and that when the DOE 
performed its financial impact analysis DOE failed to take into account 
a number of factors.
---------------------------------------------------------------------------

    \1\ A notation in this form provides a reference for information 
that is in the docket for the compressor test procedure rulemaking 
(Docket No. EERE-2014-BT-TP-0054) (available at https://www.regulations.gov/docketBrowser?rpp=25&so=DESC&sb=commentDueDate&po=0&dct=N%2BFR%2BPR%2BO&D=EERE-2014-BT-TP-0054).
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    Further, CAS also has raised questions regarding implementation of 
the test procedure, specifically the application of the ancillary 
equipment required for testing in Table 1 and Table 2 of section B4 
within appendix A to subpart T of part 431 (See 82 FR 1103.). CAS 
claims to need clarification on appropriate filters and drains 
necessary to conduct the required test, as well as information on the 
interaction between DOE's test requirements and regulations already in 
force issued by the Environmental Protection Agency and the 
Occupational Safety and Health Administration (see data and information 
in docket).
    DOE also received other comments pertaining to the compressor test 
procedure final rule both supporting the rule and voicing concerns 
about the rule, which can be viewed in the docket.

D. Request for Information and Enforcement Forbearance

    Given the issues raised by small businesses, DOE is requesting 
additional data and information regarding the cost of implementing the 
existing test procedure, whether the specific mechanics of implementing 
the existing test procedure are sufficiently clear, and issues, if any, 
with the interaction of the DOE test procedure with existing rules of 
other Federal agencies. DOE will not seek to enforce compliance of the 
test procedure final rule for a period of 180 days from the July 3, 
2017, compliance date of the test procedure final rule, as DOE gathers 
the requested data and information and determines how it will choose to 
proceed with the existing test procedure in light of such data and 
information.

II. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
request no later than the date provided in the DATES section at the 
beginning of this document. Interested parties may submit comments 
using any of the methods described in the ADDRESSES section at the 
beginning of this document.
    Submitting comments via regulations.gov. The http://www.regulations.gov Web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (``CBI'')). Comments submitted through regulations.gov 
cannot be claimed as CBI. Comments received through the Web site 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 http://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 
regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments. Include contact information each time you submit comments, 
data, documents, and other information to DOE. If you submit via mail 
or hand delivery, please provide 139 all items on a CD, if feasible. It 
is not necessary to submit printed copies. No facsimiles (faxes) will 
be accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he

[[Page 31892]]

or she believes to be confidential and exempt by law from public 
disclosure should submit via email, postal mail, or hand delivery 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. Submit these documents via email or on a 
CD, if feasible. DOE will make its own determination about the 
confidential status of the information and treat it according to its 
determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest. 
See 10 CFR 429.7. It is DOE's policy that all comments 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).

III. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this request 
for information.

    Issued in Washington, DC, on June 30, 2017.
Steven Chalk,
Acting Assistant Secretary Energy Efficiency and Renewable Energy.
[FR Doc. 2017-14472 Filed 7-10-17; 8:45 am]
BILLING CODE 6450-01-P



                                                31890               Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

                                                hours; the estimated hour burden per                     www.regulations.gov. Any comments                     SUPPLEMENTARY INFORMATION:
                                                response for biometric processing is                     submitted must identify the request for
                                                                                                                                                               Table of Contents
                                                1.17 hours; the estimated hour burden                    information concerning the test
                                                per response for Form I–765 WS is .5                     procedures for compressors. You may                   I. Authority and Background
                                                hours; the estimated hour burden per                     submit comments, identified by Docket                    A. Coverage Determination
                                                response for passport-style photographs                  Number, EERE–2014–BT–TP–0054, by                         B. Test Procedure
                                                is .5 hours.                                             any of the following methods:                            C. Questions Raised About Test Procedure
                                                                                                            • Federal eRulemaking Portal: http://                 D. Request for Information and
                                                   h. Total Annual Reporting Burden:
                                                                                                                                                                     Enforcement Forbearance
                                                The total estimated annual hour burden                   www.regulations.gov. Follow the
                                                                                                                                                               II. Public Participation
                                                associated with this collection is                       instructions for submitting comments.                    A. Submission of Comments
                                                8,985,859 hours.                                            • Email:                                           III. Approval of the Office of the Secretary
                                                                                                         AirCompressors2014TP0054@
                                                John F. Kelly,                                           ee.doe.gov. Include the docket number,                I. Authority and Background
                                                Secretary.                                               EERE–2014–BT–TP–0054 in the subject                   A. Coverage Determination
                                                [FR Doc. 2017–14619 Filed 7–10–17; 8:45 am]              line of the message. Submit electronic
                                                BILLING CODE 9111–97–P                                   comments in WordPerfect, Microsoft                       Title III of the Energy Policy and
                                                                                                         Word, PDF, or ASCII file format, and                  Conservation Act of 1975, as amended
                                                                                                         avoid the use of special characters or                (‘‘EPCA’’), sets forth a variety of
                                                DEPARTMENT OF ENERGY                                     any form of encryption.                               provisions designed to improve energy
                                                                                                            • Postal Mail: Appliance Standards                 efficiency. (42 U.S.C. 6291, et seq.) Part
                                                10 CFR Parts 429 and 431                                 Program, U.S. Department of Energy,                   C of Title III, which for editorial reasons
                                                                                                         Building Technologies Office, Mailstop                was re-designated as Part A–1 upon
                                                [EERE–2014–BT–TP–0054]                                                                                         incorporation into the U.S. Code (42
                                                                                                         EE–5B, Compressor TP RFI Docket
                                                RIN 1904–AD43                                            Number: EERE–2014–BT–TP–0054,                         U.S.C. 6311–6317), establishes the
                                                                                                         1000 Independence Avenue SW.,                         ‘‘Energy Conservation Program for
                                                Energy Conservation Program: Test                        Washington, DC 20585–0121.                            Certain Industrial Equipment.’’ EPCA
                                                Procedures for Compressors                               Telephone: (202) 586–6636. If possible,               provides that DOE may include a type
                                                AGENCY:  Office of Energy Efficiency and                 please submit all items on a compact                  of industrial equipment, including
                                                Renewable Energy, Department of                          disc (CD), in which case it is not                    compressors, as covered equipment if it
                                                Energy.                                                  necessary to include printed copies.                  determines that to do so is necessary to
                                                                                                            • Hand Delivery/Courier: Appliance                 carry out the purposes of Part A–1. (42
                                                ACTION: Request for information (RFI).
                                                                                                         and Equipment Standards Program, U.S.                 U.S.C. 6311(2)(B)(i) and 6312(b)). The
                                                SUMMARY:    On January 4, 2017, the U.S.                 Department of Energy, Building                        purpose of Part A–1 is to improve the
                                                Department of Energy (‘‘DOE’’)                           Technologies Office, 950 L’Enfant Plaza               efficiency of electric motors and pumps
                                                published a final rule establishing new                  SW., 6th Floor, Washington, DC 20024.                 and certain other industrial equipment
                                                test procedures for certain varieties of                 Telephone: (202) 586–6636. If possible,               in order to conserve the energy
                                                compressors. The final rule established                  please submit all items on a CD, in                   resources of the Nation. (42 U.S.C
                                                definitions, materials incorporated by                   which case it is not necessary to include             6312(a)) On November 15, 2016, DOE
                                                reference, sampling plans,                               printed copies.                                       published a Notice of Final
                                                representations requirements,                               No telefacsimiles (faxes) will be                  Determination of Coverage, classifying
                                                                                                         accepted. For detailed instructions on                compressors as covered equipment. The
                                                enforcement provisions and test
                                                                                                         submitting comments and additional                    final coverage determination became
                                                procedures for certain varieties of
                                                                                                         information on the rulemaking process,                effective on December 15, 2016. 81 FR
                                                compressors. Since that time, DOE has
                                                                                                         see section II of this document (Public               79991.
                                                received correspondence, raising
                                                                                                         Participation).
                                                concerns that certain issues and                                                                               B. Test Procedure
                                                information may not have been fully                      FOR FURTHER INFORMATION CONTACT: Mr.
                                                considered during the original                           James Raba, U.S. Department of Energy,                   DOE may develop test procedures to
                                                rulemaking proceeding and also                           Office of Energy Efficiency and                       measure the energy efficiency, energy
                                                indicating further clarification may be                  Renewable Energy, Building                            use, or estimated annual operating cost
                                                needed to implement the rule as                          Technologies Office, EE–5B, 1000                      of each covered equipment. (42 U.S.C.
                                                adopted. As a result, by this RFI, DOE                   Independence Avenue SW.,                              6314). Manufacturers of covered
                                                is soliciting further data and                           Washington, DC 20585–0121.                            equipment must use the prescribed DOE
                                                information regarding the compressor                     Telephone: (202) 586–8654. Email:                     test procedure as the basis for certifying
                                                test procedure and announcing that                       ApplianceStandardsQuestions@                          to DOE that their equipment complies
                                                DOE will not seek to enforce the test                    ee.doe.gov.                                           with the applicable energy conservation
                                                procedure rule for 180 days (i.e., until                    Ms. Mary Greene, U.S. Department of                standards adopted under EPCA and
                                                December 30, 2017) while it considers                    Energy, Office of the General Counsel,                when making any representations
                                                the data and information already                         GC–33, 1000 Independence Avenue                       regarding the energy use or efficiency of
                                                submitted and any further material                       SW., Washington, DC 20585–0121.                       that equipment. (42 U.S.C. 6295(s),
                                                submitted in response to this request for                Telephone: (202) 586–1817. Email:                     6316(a) and 6314(d)).
                                                                                                         Mary.Greene@hq.doe.gov.                                  On January 4, 2017, DOE published a
                                                information.
                                                                                                            For further information on how to                  final rule to establish new test
                                                DATES: Comments: DOE will accept
mstockstill on DSK30JT082PROD with RULES




                                                                                                         submit a comment, or review other                     procedures for certain varieties of
                                                comments, data, and information                          public comments and the docket,                       compressors. 82 FR 1052. The final rule
                                                regarding this RFI until September 11,                   contact the Appliance and Equipment                   established definitions, materials
                                                2017.                                                    Standards Program staff at (202) 586–                 incorporated by reference, sampling
                                                ADDRESSES:  Interested parties are                       6636 or by email:                                     plans, representations requirements,
                                                encouraged to submit comments using                      ApplianceStandardsQuestions@                          enforcement provisions and test
                                                the Federal eRulemaking Portal at                        ee.doe.gov.                                           procedures for certain varieties of


                                           VerDate Sep<11>2014   16:47 Jul 10, 2017   Jkt 241001   PO 00000   Frm 00004   Fmt 4700   Sfmt 4700   E:\FR\FM\11JYR1.SGM   11JYR1


                                                                    Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations                            31891

                                                compressors. The effective date of the                   D. Request for Information and            secrets and commercial or financial
                                                test procedure rule was originally                       Enforcement Forbearance                   information (hereinafter referred to as
                                                February 3, 2017—i.e., 30 days after                        Given the issues raised by small       Confidential Business Information
                                                publication in the Federal Register.                     businesses, DOE is requesting additional  (‘‘CBI’’)). Comments submitted through
                                                                                                         data and information regarding the cost   regulations.gov cannot be claimed as
                                                  Effective on February 1, 2017, DOE
                                                                                                         of implementing the existing test         CBI. Comments received through the
                                                temporarily postponed the effective date
                                                                                                         procedure, whether the specific           Web site will waive any CBI claims for
                                                of its January 4th final rule. See 82 FR                                                           the information submitted. For
                                                8985 (February 2, 2017). On March 21,                    mechanics of implementing the existing
                                                                                                         test procedure are sufficiently clear, andinformation on submitting CBI, see the
                                                2017, the effective date of the test                                                               Confidential Business Information
                                                procedure final rule was further                         issues, if any, with the interaction of the
                                                                                                         DOE test procedure with existing rules    section.
                                                extended to July 3, 2017, the date on                                                                 DOE processes submissions made
                                                                                                         of other Federal agencies. DOE will not
                                                which EPCA (through 42 U.S.C.                                                                      through http://www.regulations.gov
                                                                                                         seek to enforce compliance of the test
                                                6314(d)) requires compliance with that                                                             before posting. Normally, comments
                                                                                                         procedure final rule for a period of 180
                                                procedure. (82 FR 14426).                                days from the July 3, 2017, compliance    will be posted within a few days of
                                                                                                         date of the test procedure final rule, as being submitted. However, if large
                                                C. Questions Raised About Test                                                                     volumes of comments are being
                                                Procedure                                                DOE gathers the requested data and
                                                                                                         information and determines how it will    processed simultaneously, your
                                                   A number of small businesses have                     choose to proceed with the existing test  comment may not be viewable for up to
                                                written DOE expressing concern about                     procedure in light of such data and       several weeks. Please keep the comment
                                                                                                         information.                              tracking number that regulations.gov
                                                the economic burden of the test
                                                                                                                                                   provides after you have successfully
                                                procedure rule (see e.g., submission                     II. Public Participation                  uploaded your comment.
                                                from Compressed Air Systems (CAS) 1).                                                                 Submitting comments via email, hand
                                                They are concerned both about the cost                   A. Submission of Comments
                                                                                                                                                   delivery, or mail. Comments and
                                                of implementing the necessary changes                       DOE will accept comments, data, and documents submitted via email, hand
                                                to comply with the test procedure, as                    information regarding this request no     delivery, or mail also will be posted to
                                                well as the cost of changing their                       later than the date provided in the DATES regulations.gov. If you do not want your
                                                informational literature to comply with                  section at the beginning of this          personal contact information to be
                                                the representation requirements. For                     document. Interested parties may          publicly viewable, do not include it in
                                                example, Compressed Air Systems                          submit comments using any of the          your comment or any accompanying
                                                (CAS) has argued that DOE’s cost                         methods described in the ADDRESSES        documents. Instead, provide your
                                                estimates for the test procedure rule                    section at the beginning of this          contact information on a cover letter.
                                                significantly under-estimated the cost                   document.                                 Include your first and last names, email
                                                the rule would impose and that when                         Submitting comments via                address, telephone number, and
                                                the DOE performed its financial impact                   regulations.gov. The http://              optional mailing address. The cover
                                                                                                         www.regulations.gov Web page will         letter will not be publicly viewable as
                                                analysis DOE failed to take into account
                                                                                                         require you to provide your name and      long as it does not include any
                                                a number of factors.
                                                                                                         contact information. Your contact         comments. Include contact information
                                                  Further, CAS also has raised                           information will be viewable to DOE       each time you submit comments, data,
                                                questions regarding implementation of                    Building Technologies staff only. Your    documents, and other information to
                                                the test procedure, specifically the                     contact information will not be publicly DOE. If you submit via mail or hand
                                                application of the ancillary equipment                   viewable except for your first and last   delivery, please provide 139 all items on
                                                required for testing in Table 1 and Table                names, organization name (if any), and    a CD, if feasible. It is not necessary to
                                                2 of section B4 within appendix A to                     submitter representative name (if any).   submit printed copies. No facsimiles
                                                subpart T of part 431 (See 82 FR 1103.).                 If your comment is not processed          (faxes) will be accepted.
                                                CAS claims to need clarification on                      properly because of technical                Comments, data, and other
                                                appropriate filters and drains necessary                 difficulties, DOE will use this           information submitted to DOE
                                                to conduct the required test, as well as                 information to contact you. If DOE        electronically should be provided in
                                                information on the interaction between                   cannot read your comment due to           PDF (preferred), Microsoft Word or
                                                DOE’s test requirements and regulations                  technical difficulties and cannot contact Excel, WordPerfect, or text (ASCII) file
                                                already in force issued by the                           you for clarification, DOE may not be     format. Provide documents that are not
                                                Environmental Protection Agency and                      able to consider your comment.            secured, written in English and free of
                                                                                                            However, your contact information      any defects or viruses. Documents
                                                the Occupational Safety and Health
                                                                                                         will be publicly viewable if you include should not contain special characters or
                                                Administration (see data and
                                                                                                         it in the comment or in any documents     any form of encryption and, if possible,
                                                information in docket).                                  attached to your comment. Any             they should carry the electronic
                                                  DOE also received other comments                       information that you do not want to be    signature of the author.
                                                pertaining to the compressor test                        publicly viewable should not be              Campaign form letters. Please submit
                                                procedure final rule both supporting the                 included in your comment, nor in any      campaign form letters by the originating
                                                rule and voicing concerns about the                      document attached to your comment.        organization in batches of between 50 to
                                                rule, which can be viewed in the docket.                 Persons viewing comments will see only 500 form letters per PDF or as one form
mstockstill on DSK30JT082PROD with RULES




                                                                                                         first and last names, organization        letter with a list of supporters’ names
                                                  1 A notation in this form provides a reference for     names, correspondence containing          compiled into one or more PDFs. This
                                                information that is in the docket for the compressor     comments, and any documents               reduces comment processing and
                                                test procedure rulemaking (Docket No. EERE–2014–         submitted with the comments.              posting time.
                                                BT–TP–0054) (available at https://www.regulations.
                                                gov/docketBrowser?rpp=25&so=DESC&sb=
                                                                                                            Do not submit to regulations.gov          Confidential Business Information.
                                                commentDueDate&po=0&dct=N%2BFR%2BPR%2                    information for which disclosure is       According to 10 CFR 1004.11, any
                                                BO&D=EERE-2014-BT-TP-0054).                              restricted by statute, such as trade      person submitting information that he


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                                                31892               Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations

                                                or she believes to be confidential and                   DEPARTMENT OF TRANSPORTATION                          Atlanta Aircraft Certification Office,
                                                exempt by law from public disclosure                                                                           1701 Columbia Avenue, College Park,
                                                should submit via email, postal mail, or                 Federal Aviation Administration                       Georgia 30337; telephone: (404) 474–
                                                hand delivery two well-marked copies:                                                                          5575; fax: (404) 474–5606; email:
                                                One copy of the document marked                          14 CFR Part 39                                        gary.wechsler@faa.gov.
                                                confidential including all the                           [Docket No. FAA–2016–9254; Directorate                SUPPLEMENTARY INFORMATION:
                                                information believed to be confidential,                 Identifier 2015–CE–030–AD; Amendment
                                                                                                                                                               Discussion
                                                and one copy of the document marked                      39–18948; AD 2017–14–04]
                                                non-confidential with the information                                                                            We issued a notice of proposed
                                                                                                         RIN 2120–AA64
                                                believed to be confidential deleted.                                                                           rulemaking (NPRM) to amend 14 CFR
                                                                                                         Airworthiness Directives; Piper                       part 39 to supersede AD 95–26–13,
                                                Submit these documents via email or on
                                                                                                         Aircraft, Inc. Airplanes                              Amendment 39–9472 (60 FR 67321,
                                                a CD, if feasible. DOE will make its own
                                                                                                                                                               December 29, 1995) (‘‘AD 95–26–13’’).
                                                determination about the confidential                     AGENCY:  Federal Aviation                             AD 95–26–13 applied to certain Piper
                                                status of the information and treat it                   Administration (FAA), DOT.                            Aircraft, Inc. Models PA–28–140, PA–
                                                according to its determination.                          ACTION: Final rule.                                   28–150, PA–28–151, PA–28–161, PA–
                                                   Factors of interest to DOE when                                                                             28–160, PA–28–180, PA–28–181, PA–
                                                evaluating requests to treat submitted                   SUMMARY:   We are superseding                         28–235, PA–28–236, PA–28R–180, PA–
                                                information as confidential include: (1)                 Airworthiness Directive (AD) 95–26–13                 28R–200, PA–28R–201, PA–28S–160,
                                                                                                         for certain Piper Aircraft, Inc. Models               PA–28S–180, PA–32–260, PA–32–300,
                                                A description of the items; (2) whether
                                                                                                         PA–28–140, PA–28–150, PA–28–151,                      PA–32–301, PA–32–301T, PA–32R–300,
                                                and why such items are customarily                       PA–28–161, PA–28–160, PA–28–180,
                                                treated as confidential within the                                                                             PA–32R–301 (SP), PA–32R–301 (HP),
                                                                                                         PA–28–181, PA–28–235, PA–28–236,                      PA–32R–301T, PA–32RT–300, PA–
                                                industry; (3) whether the information is                 PA–28R–180, PA–28R–200, PA–28R–
                                                generally known by or available from                                                                           32RT–300T, and PA–32S–300 airplanes
                                                                                                         201, PA–28S–160, PA–28S–180, PA–
                                                other sources; (4) whether the                                                                                 equipped with oil cooler hose
                                                                                                         32–260, PA–32–300, PA–32–301, PA–
                                                information has previously been made                                                                           assemblies that do not meet technical
                                                                                                         32–301T, PA–32R–300, PA–32R–301
                                                available to others without obligation                                                                         standard order C53a (TSO–C53a) Type
                                                                                                         (SP), PA–32R–301 (HP), PA–32R–301T,
                                                concerning its confidentiality; (5) an                                                                         D requirements. The NPRM published
                                                                                                         PA–32RT–300, PA–32RT–300T, and
                                                explanation of the competitive injury to                                                                       in the Federal Register on October 21,
                                                                                                         PA–32S–300 airplanes equipped with
                                                                                                                                                               2016 (81 FR 72742). The NPRM was
                                                the submitting person which would                        oil cooler hose assemblies that do not
                                                                                                                                                               prompted by several inquiries asking for
                                                result from public disclosure; (6) when                  meet certain technical standard order
                                                                                                                                                               clarification of the AD’s applicability
                                                such information might lose its                          (TSO) requirements. AD 95–26–13
                                                                                                         required inspections, replacement, and                and compliance requirements. The
                                                confidential character due to the                                                                              NPRM proposed to retain all of the
                                                passage of time; and (7) why disclosure                  adjustment of the oil cooler hose
                                                                                                         assemblies, as well as providing for a                requirements of AD 95–26–13 and add
                                                of the information would be contrary to                                                                        language to clarify those requirements.
                                                the public interest. See 10 CFR 429.7. It                terminating action. This AD retains all
                                                                                                         of the requirements of AD 95–26–13 and                We are issuing this AD to correct the
                                                is DOE’s policy that all comments be                                                                           unsafe condition on these products.
                                                included in the public docket, without                   adds language to clarify those
                                                                                                         requirements. This AD was prompted by                 Comments
                                                change and as received, including any
                                                                                                         several inquiries asking for clarification              We gave the public the opportunity to
                                                personal information provided in the
                                                                                                         of the AD’s applicability and                         participate in developing this AD. The
                                                comments (except information deemed                      compliance requirements. We are
                                                to be exempt from public disclosure).                                                                          following presents the comments
                                                                                                         issuing this AD to correct the unsafe
                                                                                                                                                               received on the NPRM and the FAA’s
                                                III. Approval of the Office of the                       condition on these products.
                                                                                                                                                               response to each comment.
                                                Secretary                                                DATES: This AD is effective August 15,
                                                                                                         2017.                                                 Request the Unsafe Condition Be
                                                  The Secretary of Energy has approved                                                                         Addressed by Department of Commerce
                                                publication of this request for                          Examining the AD Docket
                                                                                                                                                                 G. Fenton requested this unsafe
                                                information.                                               You may examine the AD docket on                    condition be addressed through the
                                                                                                         the Internet at http://                               Department of Commerce instead of the
                                                  Issued in Washington, DC, on June 30,
                                                                                                         www.regulations.gov by searching for                  Federal Aviation Administration
                                                2017.
                                                                                                         and locating Docket No. FAA–2016–                     because the NPRM applied to airplanes
                                                Steven Chalk,                                            9254; or in person at the Docket                      used for commercial purposes.
                                                Acting Assistant Secretary Energy Efficiency             Management Facility between 9 a.m.                      We disagree with this comment
                                                and Renewable Energy.                                    and 5 p.m., Monday through Friday,                    because the Federal Aviation
                                                [FR Doc. 2017–14472 Filed 7–10–17; 8:45 am]              except Federal holidays. The AD docket                Administration is charged by Congress
                                                BILLING CODE 6450–01–P                                   contains this AD, the regulatory                      to provide for the safe and efficient use
                                                                                                         evaluation, any comments received, and                of national airspace by commercial and
                                                                                                         other information. The address for the                private airplane operators.
                                                                                                         Docket Office (phone: 800–647–5527) is                  We have not changed the AD based on
                                                                                                         Document Management Facility, U.S.                    this comment.
mstockstill on DSK30JT082PROD with RULES




                                                                                                         Department of Transportation, Docket
                                                                                                         Operations, M–30, West Building                       Request To Change Labor Rate in Cost
                                                                                                         Ground Floor, Room W12–140, 1200                      of Compliance
                                                                                                         New Jersey Avenue SE., Washington,                      G. Fenton requested we change the
                                                                                                         DC 20590.                                             labor rate in the Cost of Compliance
                                                                                                         FOR FURTHER INFORMATION CONTACT: Gary                 section to $72.50 per hour instead of
                                                                                                         Wechsler, Aerospace Engineer, FAA,                    $85 per hour. He thought the increased


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Document Created: 2018-11-14 10:21:19
Document Modified: 2018-11-14 10:21:19
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionRequest for information (RFI).
DatesComments: DOE will accept comments, data, and information regarding this RFI until September 11, 2017.
ContactMr. James Raba, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-8654. Email: [email protected]
FR Citation82 FR 31890 
RIN Number1904-AD43
CFR Citation10 CFR 429
10 CFR 431

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