Energy Conservation Program: Test Procedures for Compressors, 31890-31892 [2017-14472]
Download as PDF
31890
Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
hours; the estimated hour burden per
response for biometric processing is
1.17 hours; the estimated hour burden
per response for Form I–765 WS is .5
hours; the estimated hour burden per
response for passport-style photographs
is .5 hours.
h. Total Annual Reporting Burden:
The total estimated annual hour burden
associated with this collection is
8,985,859 hours.
John F. Kelly,
Secretary.
[FR Doc. 2017–14619 Filed 7–10–17; 8:45 am]
BILLING CODE 9111–97–P
DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[EERE–2014–BT–TP–0054]
RIN 1904–AD43
Energy Conservation Program: Test
Procedures for Compressors
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information (RFI).
AGENCY:
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.
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SUMMARY:
Interested parties are
encouraged to submit comments using
the Federal eRulemaking Portal at
ADDRESSES:
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16:47 Jul 10, 2017
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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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
AirCompressors2014TP0054@
ee.doe.gov. 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:
ApplianceStandardsQuestions@
ee.doe.gov.
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:
Mary.Greene@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) 586–
6636 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
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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
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Federal Register / Vol. 82, No. 131 / Tuesday, July 11, 2017 / Rules and Regulations
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).
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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.
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.
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%2
BO&D=EERE-2014-BT-TP-0054).
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31891
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 https://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
II. Public Participation
uploaded your comment.
Submitting comments via email, hand
A. Submission of Comments
delivery, or mail. Comments and
DOE will accept comments, data, and documents submitted via email, hand
information regarding this request no
delivery, or mail also will be posted to
later than the date provided in the DATES regulations.gov. If you do not want your
section at the beginning of this
personal contact information to be
document. Interested parties may
publicly viewable, do not include it in
submit comments using any of the
your comment or any accompanying
methods described in the ADDRESSES
documents. Instead, provide your
section at the beginning of this
contact information on a cover letter.
document.
Include your first and last names, email
Submitting comments via
address, telephone number, and
regulations.gov. The https://
optional mailing address. The cover
www.regulations.gov Web page will
letter will not be publicly viewable as
require you to provide your name and
long as it does not include any
contact information. Your contact
comments. Include contact information
information will be viewable to DOE
each time you submit comments, data,
Building Technologies staff only. Your
documents, and other information to
contact information will not be publicly DOE. If you submit via mail or hand
viewable except for your first and last
delivery, please provide 139 all items on
names, organization name (if any), and
a CD, if feasible. It is not necessary to
submitter representative name (if any).
submit printed copies. No facsimiles
If your comment is not processed
(faxes) will be accepted.
Comments, data, and other
properly because of technical
information submitted to DOE
difficulties, DOE will use this
electronically should be provided in
information to contact you. If DOE
PDF (preferred), Microsoft Word or
cannot read your comment due to
technical difficulties and cannot contact Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
you for clarification, DOE may not be
secured, written in English and free of
able to consider your comment.
However, your contact information
any defects or viruses. Documents
will be publicly viewable if you include should not contain special characters or
it in the comment or in any documents
any form of encryption and, if possible,
attached to your comment. Any
they should carry the electronic
information that you do not want to be
signature of the author.
Campaign form letters. Please submit
publicly viewable should not be
campaign form letters by the originating
included in your comment, nor in any
organization in batches of between 50 to
document attached to your comment.
Persons viewing comments will see only 500 form letters per PDF or as one form
letter with a list of supporters’ names
first and last names, organization
compiled into one or more PDFs. This
names, correspondence containing
reduces comment processing and
comments, and any documents
posting time.
submitted with the comments.
Confidential Business Information.
Do not submit to regulations.gov
According to 10 CFR 1004.11, any
information for which disclosure is
person submitting information that he
restricted by statute, such as trade
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.
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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
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]
mstockstill on DSK30JT082PROD with RULES
BILLING CODE 6450–01–P
VerDate Sep<11>2014
16:47 Jul 10, 2017
Jkt 241001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2016–9254; Directorate
Identifier 2015–CE–030–AD; Amendment
39–18948; AD 2017–14–04]
RIN 2120–AA64
Airworthiness Directives; Piper
Aircraft, Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
We are superseding
Airworthiness Directive (AD) 95–26–13
for certain Piper Aircraft, Inc. Models
PA–28–140, PA–28–150, PA–28–151,
PA–28–161, PA–28–160, PA–28–180,
PA–28–181, PA–28–235, PA–28–236,
PA–28R–180, PA–28R–200, PA–28R–
201, PA–28S–160, PA–28S–180, PA–
32–260, PA–32–300, PA–32–301, PA–
32–301T, PA–32R–300, PA–32R–301
(SP), PA–32R–301 (HP), PA–32R–301T,
PA–32RT–300, PA–32RT–300T, and
PA–32S–300 airplanes equipped with
oil cooler hose assemblies that do not
meet certain technical standard order
(TSO) requirements. AD 95–26–13
required inspections, replacement, and
adjustment of the oil cooler hose
assemblies, as well as providing for a
terminating action. This AD retains all
of the requirements of AD 95–26–13 and
adds language to clarify those
requirements. This AD was prompted by
several inquiries asking for clarification
of the AD’s applicability and
compliance requirements. We are
issuing this AD to correct the unsafe
condition on these products.
DATES: This AD is effective August 15,
2017.
SUMMARY:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2016–
9254; or in person at the Docket
Management Facility between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The address for the
Docket Office (phone: 800–647–5527) is
Document Management Facility, U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590.
FOR FURTHER INFORMATION CONTACT: Gary
Wechsler, Aerospace Engineer, FAA,
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Frm 00006
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Atlanta Aircraft Certification Office,
1701 Columbia Avenue, College Park,
Georgia 30337; telephone: (404) 474–
5575; fax: (404) 474–5606; email:
gary.wechsler@faa.gov.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 95–26–13,
Amendment 39–9472 (60 FR 67321,
December 29, 1995) (‘‘AD 95–26–13’’).
AD 95–26–13 applied to certain Piper
Aircraft, Inc. Models PA–28–140, PA–
28–150, PA–28–151, PA–28–161, PA–
28–160, PA–28–180, PA–28–181, PA–
28–235, PA–28–236, PA–28R–180, PA–
28R–200, PA–28R–201, PA–28S–160,
PA–28S–180, PA–32–260, PA–32–300,
PA–32–301, PA–32–301T, PA–32R–300,
PA–32R–301 (SP), PA–32R–301 (HP),
PA–32R–301T, PA–32RT–300, PA–
32RT–300T, and PA–32S–300 airplanes
equipped with oil cooler hose
assemblies that do not meet technical
standard order C53a (TSO–C53a) Type
D requirements. The NPRM published
in the Federal Register on October 21,
2016 (81 FR 72742). The NPRM was
prompted by several inquiries asking for
clarification of the AD’s applicability
and compliance requirements. The
NPRM proposed to retain all of the
requirements of AD 95–26–13 and add
language to clarify those requirements.
We are issuing this AD to correct the
unsafe condition on these products.
Comments
We gave the public the opportunity to
participate in developing this AD. The
following presents the comments
received on the NPRM and the FAA’s
response to each comment.
Request the Unsafe Condition Be
Addressed by Department of Commerce
G. Fenton requested this unsafe
condition be addressed through the
Department of Commerce instead of the
Federal Aviation Administration
because the NPRM applied to airplanes
used for commercial purposes.
We disagree with this comment
because the Federal Aviation
Administration is charged by Congress
to provide for the safe and efficient use
of national airspace by commercial and
private airplane operators.
We have not changed the AD based on
this comment.
Request To Change Labor Rate in Cost
of Compliance
G. Fenton requested we change the
labor rate in the Cost of Compliance
section to $72.50 per hour instead of
$85 per hour. He thought the increased
E:\FR\FM\11JYR1.SGM
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Agencies
[Federal Register Volume 82, Number 131 (Tuesday, July 11, 2017)]
[Rules and Regulations]
[Pages 31890-31892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14472]
=======================================================================
-----------------------------------------------------------------------
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).
-----------------------------------------------------------------------
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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: AirCompressors2014TP0054@ee.doe.gov. 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:
ApplianceStandardsQuestions@ee.doe.gov.
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: Mary.Greene@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) 586-6636 or by email:
ApplianceStandardsQuestions@ee.doe.gov.
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 https://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 https://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
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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