Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework Document for Walk-In Coolers and Walk-In Freezers, 411-413 [E8-31405]
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Proposed Rules
Federal Register
Vol. 74, No. 3
Tuesday, January 6, 2009
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Rural Utilities Service
7 CFR Part 1780
RIN 0572–AC11
Amending the Water and Waste
Program Regulations
Rural Utilities Service, USDA.
Proposed rule.
AGENCY:
ACTION:
The Rural Utilities Service
(RUS), an agency delivering the United
States Department of Agriculture’s
(USDA) Rural Development Utilities
Programs, hereinafter referred to as
Rural Development or the Agency, is
amending its regulations to administer
the Water and Waste Loan and Grant
Programs. This action implements
provisions of the 2008 Farm Bill for
interest rates on direct loans and
modifies the interest rate structure
currently being used for the direct loan
program. Interest rates on loans subject
to 5 or 7 percent interest rate limitations
(poverty and intermediate rates,
respectively) will adjust with changes in
the market rate. The poverty and
intermediate interest rates will be
established at rates equal to a percentage
of current market yields for outstanding
municipal obligations. The intended
effect is to make part 1780 current with
statutory authority.
In the final rules section of the
Federal Register, the Agency is
publishing this action as a direct final
rule without prior proposal because
Rural Development views this as a noncontroversial action and anticipates no
adverse comments. If no adverse
comments are received in response to
the direct final rule, no further action
will be taken on this proposed rule, and
the action will become effective at the
time specified in the direct final rule. If
the Agency receives adverse comments,
a timely document will be published
withdrawing the direct final rule and all
public comments received will be
addressed in a subsequent final rule
based on this action.
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SUMMARY:
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DATES: Comments on this proposed
action must be received by Rural
Development or carry a postmark or
equivalent no later than February 5,
2009.
ADDRESSES: You may submit comments
to this rule by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. In the
‘‘Search Documents’’ box, enter RUS–
08–Water–0005, check the box under
the Search box labeled ‘‘Select to find
documents accepting comments or
submissions,’’ and click on the GO>>
key. To submit a comment, choose
‘‘Send a comment or submission,’’
under the Docket Title. In order to
submit your comment, the information
requested on the ‘‘Public Comment and
Submission Form,’’ must be completed.
(If you click on the hyperlink of the
docket when the search returns it, you
will see the docket details. Click on the
yellow balloon to receive the ‘‘Public
Comment and Submission Form.’’)
Information on using Regulations.gov,
including instructions for accessing
documents, submitting comments, and
viewing the docket after the close of the
comment period, is available through
the site’s ‘‘How to Use this Site’’ link.
• Postal Mail/Commercial Delivery:
Please send your comment addressed to
Michele Brooks, Director, Program
Development and Regulatory Analysis,
USDA Rural Development, STOP 1522,
Room 5159, 1400 Independence
Avenue, SW., Washington, DC 20250–
1522. Please state that your comment
refers to Docket No. RUS 08–Water–
0005.
Other Information: Additional
information about Rural Development
and its programs is available at https://
www.rurdev.usda.gov/.
FOR FURTHER INFORMATION CONTACT:
Cheryl Francis, Loan Specialist, Water
and Environmental Programs, USDA
Rural Development, STOP 1570, Room
2229 South Building, 1400
Independence Avenue, Washington, DC
20250–1570. Telephone: (202) 720–
9589; FAX: (202) 690–0649; e-mail:
cheryl.francis@wdc.usda.gov.
SUPPLEMENTARY INFORMATION: See the
SUPPLEMENTARY INFORMATION provided
in the direct final rule located in the
Rules and Regulations direct final rule
section of the Federal Register for the
applicable Supplementary Information
on this action.
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Dated: December 30, 2008.
James M. Andrew,
Administrator, Rural Utilities Service.
[FR Doc. E8–31377 Filed 1–5–09; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE–2008–BT–STD–0015]
RIN 1904–AB86
Energy Efficiency Program for
Consumer Products: Public Meeting
and Availability of the Framework
Document for Walk-In Coolers and
Walk-In Freezers
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of the framework document.
SUMMARY: The Department of Energy
(DOE) is initiating the rulemaking to
consider establishing energy
conservation standards for walk-in
coolers and walk-in freezers.
Accordingly, DOE will hold an informal
public meeting to discuss and receive
comments on its planned analytical
approach and issues it will address in
this rulemaking proceeding. DOE
welcomes written comments from the
public on our stated approach for this
rulemaking. To inform stakeholders and
to facilitate this process, DOE has
prepared a Framework Document which
details the analytical approach and
identifies several issues on which DOE
is particularly interested in receiving
comment. A copy of the Framework
Document is available at:
https://www.eere.energy.gov/buildings/
appliance_standards/commercial/
walkinrefrigeration_equipment.html.
DATES: The Department will hold a
public meeting on Wednesday, January
28, 2009, from 9 a.m. to 4 p.m. in
Washington, DC. Any person requesting
to speak at the public meeting should
submit such request along with a signed
original and an electronic copy of the
statement to be given at the public
meeting before 4 p.m., Wednesday,
January 21, 2009. Written comments on
the framework document are welcome,
especially following the public meeting,
and should be submitted by February 5,
2009.
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412
Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Proposed Rules
The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 1E–245, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures.
If a foreign national wishes to
participate in the public meeting, please
inform DOE of this fact as soon as
possible by contacting Brenda Edwards
at (202) 586–2945 so that the necessary
procedures can be completed.
Stakeholders may submit comments,
identified by docket number EERE–
2008–BT–STD–0015 and/or Regulation
Identifier Number (RIN) 1904–AB86, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: WICF–2008–STD–
0015@ee.doe.gov. Include EERE–2008–
BT–STD–0015 and/or RIN 1904–AB86
in the subject line of the message.
• Mail: Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Framework Document for Walk-In
Coolers and Walk-In Freezers, EERE–
2008–BT–STD–0015 and/or RIN 1904–
AB86, 1000 Independence Avenue, SW.,
Washington, DC 20585–0121. Please
submit one signed paper original.
• Hand Delivery/Courier: Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, Sixth
Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024. Please submit
one signed paper original.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking found at the beginning of
this notice.
Docket: For access to the docket to
read background documents, a copy of
the transcript of the public meeting, or
comments received, go to the U.S.
Department of Energy, Resource Room
of the Building Technologies Program,
Sixth Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024, (202) 586–2945,
between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
Please call Brenda Edwards first at the
above telephone number for additional
information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT:
Charles Llenza, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2192. E-mail:
Charles.Llenza@ee.doe.gov.
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ADDRESSES:
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12:59 Jan 05, 2009
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Michael Kido, U.S. Department of
Energy, Office of the General Counsel,
GC–72, 1000 Independence Avenue,
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. E-mail:
Michael.Kido@hq.doe.gov.
For information on how to submit or
review public comments and on how to
participate in the public meeting,
contact Brenda Edwards, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, EE–2J,
1000 Independence Avenue, SW.,
Washington, DC 20585–0121.
Telephone (202) 586–2945. E-mail:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of
the Energy Policy and Conservation Act
of 1975 (EPCA) sets forth a variety of
provisions designed to improve energy
efficiency. Part A of Title III (42 U.S.C.
6291–6309) provides for the Energy
Conservation Program for Consumer
Products Other Than Automobiles.1 Part
A–1 of Title III (42 U.S.C. 6311–6317)
establishes a similar program for
‘‘Certain Industrial Equipment,’’
including walk-in coolers and walk-in
freezers, the subject of this rulemaking.2
More recently, EPCA was amended by
the Energy Independence and Security
Act of 2007 (EISA), Public Law 110–
140. In particular, section 312(a) of EISA
amends section 340 of EPCA by adding
in new subsection 340(20) (42 U.S.C.
6311(20)), which defines walk-in
coolers and walk-in freezers. In
addition, section 312(b) of EISA amends
section 342 of EPCA by adding new
subsection 342(f)(1) (42 U.S.C.
6313(f)(1)), which establishes
prescriptive standards for walk-in
coolers and freezers manufactured on or
after January 1, 2009. Section 312 of
EISA amends section 342 of EPCA by
adding a new subsection 342(f)(2) (42
U.S.C. 6313(f)(2)), which establishes
requirements for electronically
commutated motors for walk-in coolers
and freezers described in paragraph
(f)(1)(E)(i). Section 312 of EISA amends
section 342 of EPCA by adding new
subsection 342(f)(3) (42 U.S.C.
6313(f)(3)), which establishes additional
requirements for walk-in coolers or
walk-in freezers with transparent reachin doors manufactured on or after
January 1, 2009. Section 312 of EISA
amends section 342 of EPCA by adding
new subsection 342(f)(4) (42 U.S.C.
6313(f)(4)), which directs the Secretary
1 This part was originally titled Part B; however,
it was redesignated Part A after Part B of Title III
of EPCA was repealed by Public Law 109–58.
2 This part was originally titled Part C; however,
it was redesignated Part A–1 after Part B of Title
III of EPCA was repealed by Public Law 109–58.
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to issue by rule, no later than January
1, 2012, performance-based standards
for walk-in coolers and walk-in freezers
manufactured on or after 3 or 5 years
after the final rule is published. These
new requirements are the subjects of
this Framework Document.
Additionally, section 312(c) of EISA
amends section 343(a) of EPCA (42
U.S.C. 6314(a)) by adding new
subsection 343(a)(9) (42 U.S.C.
6314(a)(9)), which establishes test
procedure definitions for walk-in cooler
and freezer and directs the Secretary to
establish test procedures to measure the
energy-use of walk-in coolers and walkin freezers. Accordingly, DOE intends to
propose such test procedures under a
separate rulemaking.
To initiate this rulemaking to
establish energy conservation standards
for this equipment class, DOE has
prepared a Framework Document to
explain the issues, analyses, and
processes it anticipates using for the
development of energy conservation
standards for walk-in coolers and walkin freezers. As noted above, DOE will
hold a public meeting on Wednesday,
January 28, 2009 in Washington, DC, the
main focus of which will be to discuss
the analyses presented and issues
identified in the Framework Document.
At the public meeting, the Department
will make a number of presentations,
invite discussion on the rulemaking
process as it applies to walk-in coolers
and walk-in freezers, and solicit public
comments, data, and information from
participants and other stakeholders.
The Department encourages those
who wish to participate in the public
meeting to obtain the Framework
Document and to be prepared to discuss
its contents. A copy of the draft
Framework Document is available at:
https://www.eere.energy.gov/buildings/
appliance_standards/commercial/
walkinrefrigeration_equipment.html.
Public meeting participants need not
limit their comments to the issues
identified in the Framework Document.
The Department is also interested in
receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for this equipment and
applicable test procedures. Furthermore,
the Department welcomes all interested
parties, whether or not they participate
in the public meeting, to submit in
writing by February 5, 2009, comments
and information on matters addressed in
the Framework Document and on other
matters relevant to consideration of
standards for walk-in coolers and walkin freezers.
The public meeting will be conducted
in an informal, facilitated, conference
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06JAP1
Federal Register / Vol. 74, No. 3 / Tuesday, January 6, 2009 / Proposed Rules
style. There shall be no discussion of
proprietary information, costs or prices,
market shares, or other commercial
matters regulated by U.S. antitrust laws.
A court reporter will record the
proceedings of the public meeting, after
which a transcript will be available on
the above-referenced Web site.
After the public meeting and the close
of the comment period on the
Framework Document, DOE will begin
collecting data, conducting the analyses
as discussed in the Framework
Document and at the public meeting,
and reviewing the comments received.
DOE considers public participation to
be a very important part of the process
for setting energy conservation
standards. DOE actively encourages the
participation and interaction of the
public during the comment period in
each stage of the rulemaking process.
Beginning with the Framework
Document, and during each subsequent
public meeting and comment period,
interactions with and between members
of the public provide a balanced
discussion of the issues to assist DOE
with the standards rulemaking process.
Accordingly, anyone who would like to
participate in the public meeting,
receive meeting materials, or be added
to the DOE mailing list to receive future
notices and information regarding this
rulemaking on walk-in coolers and
walk-in freezers, should contact Brenda
Edwards at (202) 586–2945, or via email at: Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on December
24, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy.
[FR Doc. E8–31405 Filed 1–5–09; 8:45 am]
BILLING CODE 6450–01–P
technology or software, BIS is seeking
information on the potential impact of
controlling such foreign made items for
Encryption Items (‘‘EI’’) reasons under
the EAR (i.e., those that are classified
under ECCN 5A002 or 5D002) if the
direct product of U.S.-origin ECCN
5E002 technology or ECCN 5D002
software. Specifically, BIS is requesting
comments regarding the impact this
control would have on both U.S.
exporters of encryption technology and
software and foreign manufacturers of
products that are derived in whole or in
part from U.S.-origin encryption
technology or software.
DATES: Comments must be received no
later than March 9, 2009.
ADDRESSES: Written comments may be
submitted via https://
www.regulations.gov; by e-mail directly
to BIS at publiccomments@bis.doc.gov;
in hardcopy to U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. and Pennsylvania Ave., NW.,
Room H–2705, Washington, DC 20230;
or by fax to 202–482–3355. Please input
‘‘0694–XA15’’ in the subject line of the
written comments.
FOR FURTHER INFORMATION CONTACT: For
General Information Contact: Sharron
Cook, Office of Exporter Services,
Regulatory Policy Division, Bureau of
Industry and Security at 202–482–2440,
or fax 202–482–3355, or e-mail at
scook@bis.doc.gov.
For Specific Encryption Related
Information Contact: C. Randall Pratt,
Information Technology Division, Office
of National Security and Technology
Transfer Controls at 202–482–0707 or EMail: C. Randall Pratt at
cpratt@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 736
[Docket No. 0810231384–81391–01]
RIN 0694–XA15
yshivers on PROD1PC62 with PROPOSALS
Request for Public Comment on
Foreign Produced Encryption Items
That Are Made From U.S.-Origin
Encryption Technology or Software
AGENCY: Bureau of Industry and
Security.
ACTION: Notice of inquiry.
SUMMARY: To determine the appropriate
extent and scope of U.S. export controls
on foreign products that are the direct
products of U.S.-origin encryption
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12:59 Jan 05, 2009
Jkt 217001
The Foreign-Produced Direct Product
Rule is found in General Prohibition No.
3 under section 736.2(b)(3) of the Export
Administration Regulations (EAR) and
in section 734.3(a)(4) of the EAR, ‘‘Items
Subject to the EAR.’’
Under section 736.2(b)(3)(ii)(A) of the
EAR, a foreign-made item is considered
a direct product of U.S. technology or
software if it meets the following
conditions, it is the direct product of
technology or software that requires a
written assurance as a supporting
document for a license, as defined in
paragraph (o)(3)(i) of Supplement No. 2
to part 748 of the EAR, or as a
precondition for the use of License
Exception TSR at section 740.6 of the
EAR, and it is subject to national
security controls as designated on the
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413
applicable ECCN of the Commerce
Control List at part 774 of the EAR.
Section 736.2(b)(3)(i) provides that if
a foreign-made item is a direct product
of U.S.-origin technology or software
pursuant to the criteria set forth above,
then it is subject to the EAR if it is
exported from the country of
manufacture to a destination in Country
Group D:1 or E:2 (Cuba) of Supplement
No. 1 to Part 740 of the EAR. General
Prohibition 3 prohibits the reexport or
export from abroad of items meeting the
criteria of foreign direct products of
U.S.-origin technology or software to
Country Group D:1 destinations or Cuba
unless authorization has been granted
via a license or license exception.
Technology and software controlled
under ECCN 5E002 and 5D002 of the
Commerce Control List (CCL)
(Supplement No. 1 to part 774 of the
EAR) are subject to national security
(‘‘NS’’) controls. When the foreignproduced direct product of such
technology or software would be
classified under ECCN 5A002 or 5D002,
it would meet the definition of ‘‘direct
product’’ under section
736.2(b)(3)(ii)(A) of the EAR.
BIS is seeking information on the
impact of making the foreign-produced
direct product of U.S.-origin ECCN
5E002 technology or ECCN 5D002
software, classified under ECCN 5A002
or 5D002 subject to the EAR if exported
from the country of manufacture to any
destination (except the United States or
Canada). All such foreign-produced
direct product ECCN 5A002 or 5D002
hardware or software would be subject
to the license requirements of sections
742.15 (‘‘EI’’ encryption items) and
742.4 (‘‘NS’’ national security), or to the
review requirements of section 740.17
(License Exception ENC). Reporting
requirements under section 740.17(e)
would not apply to exports from the
country of manufacture of foreignproduced direct products, as reporting
is required only for export from the
United States or reexports from Canada.
The possible revision described above
would apply to the foreign direct
product of ECCN 5E002 technology and
5D002 software exported under license,
not to the foreign direct product of
technology and software exported under
License Exception ENC of section
740.17 of the EAR.
Under the current provisions of
section 736.2(b)(3), if ECCN 5E002
technology is exported under an export
license for purposes of offshore
manufacture of an encryption item that
has previously been submitted to the
U.S. Government for technical review
and has been made eligible for export
under License Exception ENC, the
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Agencies
[Federal Register Volume 74, Number 3 (Tuesday, January 6, 2009)]
[Proposed Rules]
[Pages 411-413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31405]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2008-BT-STD-0015]
RIN 1904-AB86
Energy Efficiency Program for Consumer Products: Public Meeting
and Availability of the Framework Document for Walk-In Coolers and
Walk-In Freezers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of the framework
document.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is initiating the rulemaking to
consider establishing energy conservation standards for walk-in coolers
and walk-in freezers. Accordingly, DOE will hold an informal public
meeting to discuss and receive comments on its planned analytical
approach and issues it will address in this rulemaking proceeding. DOE
welcomes written comments from the public on our stated approach for
this rulemaking. To inform stakeholders and to facilitate this process,
DOE has prepared a Framework Document which details the analytical
approach and identifies several issues on which DOE is particularly
interested in receiving comment. A copy of the Framework Document is
available at: https://www.eere.energy.gov/buildings/appliance_
standards/commercial/walkinrefrigeration_equipment.html.
DATES: The Department will hold a public meeting on Wednesday, January
28, 2009, from 9 a.m. to 4 p.m. in Washington, DC. Any person
requesting to speak at the public meeting should submit such request
along with a signed original and an electronic copy of the statement to
be given at the public meeting before 4 p.m., Wednesday, January 21,
2009. Written comments on the framework document are welcome,
especially following the public meeting, and should be submitted by
February 5, 2009.
[[Page 412]]
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures. If a foreign national wishes to participate in
the public meeting, please inform DOE of this fact as soon as possible
by contacting Brenda Edwards at (202) 586-2945 so that the necessary
procedures can be completed.
Stakeholders may submit comments, identified by docket number EERE-
2008-BT-STD-0015 and/or Regulation Identifier Number (RIN) 1904-AB86,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: WICF-2008-STD-0015@ee.doe.gov. Include EERE-2008-
BT-STD-0015 and/or RIN 1904-AB86 in the subject line of the message.
Mail: Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, Framework Document for Walk-In
Coolers and Walk-In Freezers, EERE-2008-BT-STD-0015 and/or RIN 1904-
AB86, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Please
submit one signed paper original.
Hand Delivery/Courier: Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza,
SW., Washington, DC 20024. Please submit one signed paper original.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking found at the beginning of
this notice.
Docket: For access to the docket to read background documents, a
copy of the transcript of the public meeting, or comments received, go
to the U.S. Department of Energy, Resource Room of the Building
Technologies Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington,
DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday through
Friday, except Federal holidays. Please call Brenda Edwards first at
the above telephone number for additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Charles Llenza, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Telephone: (202) 586-2192. E-mail:
Charles.Llenza@ee.doe.gov.
Michael Kido, U.S. Department of Energy, Office of the General
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: Michael.Kido@hq.doe.gov.
For information on how to submit or review public comments and on
how to participate in the public meeting, contact Brenda Edwards, U.S.
Department of Energy, Office of Energy Efficiency and Renewable Energy,
Building Technologies Program, EE-2J, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Telephone (202) 586-2945. E-mail:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act of 1975 (EPCA) sets forth a variety of provisions
designed to improve energy efficiency. Part A of Title III (42 U.S.C.
6291-6309) provides for the Energy Conservation Program for Consumer
Products Other Than Automobiles.\1\ Part A-1 of Title III (42 U.S.C.
6311-6317) establishes a similar program for ``Certain Industrial
Equipment,'' including walk-in coolers and walk-in freezers, the
subject of this rulemaking.\2\
---------------------------------------------------------------------------
\1\ This part was originally titled Part B; however, it was
redesignated Part A after Part B of Title III of EPCA was repealed
by Public Law 109-58.
\2\ This part was originally titled Part C; however, it was
redesignated Part A-1 after Part B of Title III of EPCA was repealed
by Public Law 109-58.
---------------------------------------------------------------------------
More recently, EPCA was amended by the Energy Independence and
Security Act of 2007 (EISA), Public Law 110-140. In particular, section
312(a) of EISA amends section 340 of EPCA by adding in new subsection
340(20) (42 U.S.C. 6311(20)), which defines walk-in coolers and walk-in
freezers. In addition, section 312(b) of EISA amends section 342 of
EPCA by adding new subsection 342(f)(1) (42 U.S.C. 6313(f)(1)), which
establishes prescriptive standards for walk-in coolers and freezers
manufactured on or after January 1, 2009. Section 312 of EISA amends
section 342 of EPCA by adding a new subsection 342(f)(2) (42 U.S.C.
6313(f)(2)), which establishes requirements for electronically
commutated motors for walk-in coolers and freezers described in
paragraph (f)(1)(E)(i). Section 312 of EISA amends section 342 of EPCA
by adding new subsection 342(f)(3) (42 U.S.C. 6313(f)(3)), which
establishes additional requirements for walk-in coolers or walk-in
freezers with transparent reach-in doors manufactured on or after
January 1, 2009. Section 312 of EISA amends section 342 of EPCA by
adding new subsection 342(f)(4) (42 U.S.C. 6313(f)(4)), which directs
the Secretary to issue by rule, no later than January 1, 2012,
performance-based standards for walk-in coolers and walk-in freezers
manufactured on or after 3 or 5 years after the final rule is
published. These new requirements are the subjects of this Framework
Document.
Additionally, section 312(c) of EISA amends section 343(a) of EPCA
(42 U.S.C. 6314(a)) by adding new subsection 343(a)(9) (42 U.S.C.
6314(a)(9)), which establishes test procedure definitions for walk-in
cooler and freezer and directs the Secretary to establish test
procedures to measure the energy-use of walk-in coolers and walk-in
freezers. Accordingly, DOE intends to propose such test procedures
under a separate rulemaking.
To initiate this rulemaking to establish energy conservation
standards for this equipment class, DOE has prepared a Framework
Document to explain the issues, analyses, and processes it anticipates
using for the development of energy conservation standards for walk-in
coolers and walk-in freezers. As noted above, DOE will hold a public
meeting on Wednesday, January 28, 2009 in Washington, DC, the main
focus of which will be to discuss the analyses presented and issues
identified in the Framework Document. At the public meeting, the
Department will make a number of presentations, invite discussion on
the rulemaking process as it applies to walk-in coolers and walk-in
freezers, and solicit public comments, data, and information from
participants and other stakeholders.
The Department encourages those who wish to participate in the
public meeting to obtain the Framework Document and to be prepared to
discuss its contents. A copy of the draft Framework Document is
available at: https://www.eere.energy.gov/buildings/appliance_
standards/commercial/walkinrefrigeration_equipment.html.
Public meeting participants need not limit their comments to the
issues identified in the Framework Document. The Department is also
interested in receiving views concerning other relevant issues that
participants believe would affect energy conservation standards for
this equipment and applicable test procedures. Furthermore, the
Department welcomes all interested parties, whether or not they
participate in the public meeting, to submit in writing by February 5,
2009, comments and information on matters addressed in the Framework
Document and on other matters relevant to consideration of standards
for walk-in coolers and walk-in freezers.
The public meeting will be conducted in an informal, facilitated,
conference
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style. There shall be no discussion of proprietary information, costs
or prices, market shares, or other commercial matters regulated by U.S.
antitrust laws. A court reporter will record the proceedings of the
public meeting, after which a transcript will be available on the
above-referenced Web site.
After the public meeting and the close of the comment period on the
Framework Document, DOE will begin collecting data, conducting the
analyses as discussed in the Framework Document and at the public
meeting, and reviewing the comments received.
DOE considers public participation to be a very important part of
the process for setting energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in each stage of the rulemaking process. Beginning with
the Framework Document, and during each subsequent public meeting and
comment period, interactions with and between members of the public
provide a balanced discussion of the issues to assist DOE with the
standards rulemaking process. Accordingly, anyone who would like to
participate in the public meeting, receive meeting materials, or be
added to the DOE mailing list to receive future notices and information
regarding this rulemaking on walk-in coolers and walk-in freezers,
should contact Brenda Edwards at (202) 586-2945, or via e-mail at:
Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on December 24, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E8-31405 Filed 1-5-09; 8:45 am]
BILLING CODE 6450-01-P