Energy Conservation Standards for Residential Furnace Fans: Public Meeting and Availability of the Preliminary Technical Support Document, 40530-40534 [2012-16816]
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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules
in the levels of production necessary for
Board membership for each unit.
Section 1220.201(d) of the Order
provides that at the end of each 3-year
period, the Secretary must review the
volume of production of each unit and
adjust the boundaries of any unit and
the number of Board members from
each such unit as necessary to conform
with the criteria set forth in
§ 1220.201(e): (1) To the extent
practicable, States with annual average
soybean production of less than
3,000,000 bushels shall be grouped into
geographically contiguous units, each of
which has a combined production level
equal to or greater than 3,000,000
bushels, and each such group shall be
entitled to at least one member on the
Board; (2) units with at least 3,000,000
bushels, but fewer than 15,000,000
bushels shall be entitled to one board
member; (3) units with 15,000,000
bushels or more but fewer than
70,000,000 bushels shall be entitled to
two Board members; (4) units with
70,000,000 bushels or more but fewer
than 200,000,000 bushels shall be
entitled to three Board members; and (5)
units with 200,000,000 bushels or more
shall be entitled to four Board members.
The Board was last reapportioned in
2009. The total Board membership
increased from 68 to 69 members, with
Ohio gaining one additional member.
This change was effective with the 2010
appointments.
Currently, the Board has 69 members
representing 30 geographical units. This
membership is based on average
production levels for the years 2001–
2005 (excluding crops in years that
production was the highest and that
production was the lowest) as reported
by USDA’s National Agricultural
Statistics Service (NASS).
This proposed rule would increase
total membership on the Board from 69
to 70. Production data for years 2007–
2011 (excluding the crops in years in
which production was the highest and
in which production was the lowest)
was gathered from NASS. This change
would not affect the number of
geographical units.
This proposed rule would adjust
representation on the Board as follows:
State
Current
representation
Proposed
representation
Mississippi ....................................................................................................................................................
2
3
Board adjustments as proposed by
this rulemaking would become effective,
if adopted, with the 2013 appointment
process.
List of Subjects in 7 CFR 1220
Administrative practice and
procedure, Advertising, Agricultural
research, Marketing agreements,
Soybeans and soybean products,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, it is proposed that Title 7,
part 1220 be amended as follows:
PART 1220—SOYBEAN PROMOTION,
RESEARCH, AND CONSUMER
INFORMATION
1. The authority citation for 7 CFR
part 1220 continues to read as follows:
Authority: 7 U.S.C. 6301–6311 and 7
U.S.C. 7401.
2. In § 1220.201, the table
immediately following paragraph (a) is
revised to read as follows:
§ 1220.201
Membership of board.
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Unit
Number of
members
Illinois ........................................
Iowa ..........................................
Minnesota .................................
Indiana ......................................
Nebraska ..................................
Ohio ..........................................
Missouri ....................................
Arkansas ...................................
South Dakota ............................
Kansas ......................................
4
4
4
4
4
4
3
3
3
3
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Unit
Number of
members
Michigan ...................................
North Dakota ............................
Mississippi ................................
Louisiana ..................................
Tennessee ................................
North Carolina ..........................
Kentucky ...................................
Pennsylvania ............................
Virginia ......................................
Maryland ...................................
Wisconsin .................................
Georgia .....................................
South Carolina ..........................
Alabama ....................................
Delaware ...................................
Texas ........................................
Oklahoma .................................
New York ..................................
Eastern Region (Florida, Massachusetts, New Jersey Connecticut, Florida, Rhode Island, Vermont, New Hampshire, Maine, West Virginia,
District of Columbia, and
Puerto Rico ...........................
Western Region (Montana, Wyoming, Colorado, New Mexico, Idaho, Utah, Arizona,
Washington, Oregon, Nevada, California, Hawaii, and
Alaska) ..................................
3
3
3
2
2
2
2
2
2
2
2
1
1
1
1
1
1
1
DEPARTMENT OF ENERGY
10 CFR Part 430
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1
1
*
Dated: July 3, 2012.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2012–16703 Filed 7–9–12; 8:45 am]
BILLING CODE 3410–02–P
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[Docket No. EERE–2010–BT–STD–0011]
RIN 1904–AC22
Energy Conservation Standards for
Residential Furnace Fans: Public
Meeting and Availability of the
Preliminary Technical Support
Document
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of preliminary technical
support document.
AGENCY:
The U.S. Department of
Energy (DOE) will hold a public meeting
to discuss and receive comments on the
product classes that DOE plans to
analyze for purposes of establishing
energy conservation standards for
residential furnace fans; the analytical
framework, models, and tools that DOE
is using to evaluate potential standards
for these products; the results of
preliminary analyses performed by DOE
for these products; the potential energy
conservation standard levels derived
from these analyses that DOE could
consider for these products; and any
other issues relevant to the development
of energy conservation standards for
residential furnace fans. In addition,
DOE encourages written comments on
these subjects. To inform interested
parties and to facilitate this process,
DOE has prepared an agenda, a
preliminary technical support document
SUMMARY:
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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules
(preliminary TSD), and briefing
materials, which are available on the
DOE Web site.
DATES: DOE will hold a public meeting
on July 27, 2012, from 9 a.m. to 4 p.m.
in Washington, DC. Additionally, DOE
plans to allow for participation in the
public meeting via webinar. DOE will
accept comments, data, and other
information regarding this rulemaking
before or after the public meeting, but
no later than September 10, 2012. See
section IV, ‘‘Public Participation,’’ of
this notice of public meeting (NOPM)
for details.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 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
which require advance notice prior to
attendance at the public meeting. If a
foreign national wishes to participate in
the public meeting, please inform DOE
of this fact as soon as possible by
contacting Ms. Brenda Edwards at (202)
586–2945 so that the necessary
procedures can be completed. DOE
requires visitors to have laptops and
other devices, such as tablets, checked
upon entry into the building. Please
report to the visitor’s desk to have
devices checked before proceeding
through security.
As noted above, DOE has prepared an
agenda, a preliminary TSD, and briefing
materials, which are available at:
https://www1.eere.energy.gov/buildings/
appliance_standards/residential/
furnace_fans.html.
Interested persons may submit
comments, identified by docket number
EERE–2010–BT–STD–0011 and/or
Regulation Identification Number (RIN)
1904–AC22, by any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: FurnFans-2010-STD0011@ee.doe.gov. Include the docket
number EERE–2010–BT–STD–0011
and/or RIN 1904–AC22 in the subject
line of the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Public Meeting for Residential Furnace
Fans, EERE–2010–BT–STD–0011, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone (202) 586–2945. If possible,
please submit all items on a compact
disc (CD), in which case it is not
necessary to include printed copies.
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• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., 6th Floor,
Washington, DC 20024. Telephone (202)
586–2945. If possible, please submit all
items on CD, in which case it is not
necessary to include printed copies.
Docket: The docket is available for
review at www.regulations.gov,
including Federal Register notices,
Framework Documents, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure. The www.regulations.gov
Web page contains instructions on how
to access all documents in the docket,
including public comments.
The rulemaking Web page can be
found at: https://www1.eere.energy.gov/
buildings/appliance_standards/
residential/furnace_fans.html. This Web
page contains a link to the docket for
this notice at www.regulations.gov.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section IV, ‘‘Public Participation,’’ of
this document. For further information
on how to submit a comment, review
other public comments and the docket,
or participate in the public meeting,
contact Ms. Brenda Edwards at (202)
586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Mohammed Khan, 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. Email:
Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
For information on how to submit or
review public comments and on how to
participate in the public meeting,
contact Ms. Brenda Edwards, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Program, EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Authority
II. History of Energy Conservation Standards
Rulemaking for Residential Furnace Fans
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses Performed by
DOE
A. Engineering Analysis
B. Markups To Determine Installed Price
C. Energy Use Analysis
D. Life-Cycle Cost and Payback Period
Analyses
E. National Impact Analysis
IV. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests to
Speak
C. Conduct of Public Meeting
D. Submission of Comments
V. Approval of the Office of the Secretary
I. Authority
Title III, Part B 1 of the Energy Policy
and Conservation Act of 1975, as
amended, (EPCA or the Act), Public Law
94–163 (42 U.S.C. 6291–6309, as
codified) sets forth a variety of
provisions designed to improve energy
efficiency and established the Energy
Conservation Program for Consumer
Products Other Than Automobiles, a
program covering most major household
appliances.2 These include products
that use electricity for the purposes of
circulating air through duct work,
hereinafter referred to as ‘‘residential
furnace fans’’ or simply ‘‘furnace fans,’’
the subject of today’s notice. (42 U.S.C.
6295(f)(4)(D))
Pursuant to EPCA, DOE’s energy
conservation program for covered
products consists essentially of four
parts: (1) Testing; (2) labeling; (3)
establishment of Federal energy
conservation standards; and (4)
certification and enforcement
procedures. Subject to certain criteria
and conditions, DOE has authority to
establish mandatory energy
conservation standards for residential
furnace fans. EPCA requires DOE to
consider and establish energy
conservation standards for residential
furnace fans by December 31, 2013. (42
U.S.C. 6295(f)(4)(D))
EPCA provides criteria for prescribing
new energy conservation standards for
residential furnace fans. More
specifically, DOE is required to consider
standards for these products that: (1)
Achieve the maximum improvement in
energy efficiency that is technologically
feasible and economically justified; and
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
2 All references to EPCA in this rulemaking refer
to the statute as amended through the Energy
Independence and Security Act of 2007, Public Law
110–140.
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(2) result in significant conservation of
energy. (42 U.S.C. 6295(o)(2)(A) and
(o)(3)(B)) To determine whether a
candidate standard is economically
justified, DOE will, after receiving
comments on the candidate standard,
determine whether the benefits of the
standard exceed its burdens to the
greatest extent practicable, using the
following seven factors:
1. The economic impact of the standard on
manufacturers and consumers of products
subject to the standard;
2. The savings in operating costs
throughout the estimated average life of the
covered products in the type (or class)
compared to any increase in the price, initial
charges, or maintenance expenses for the
covered products which are likely to result
from the standard;
3. The total projected amount of energy
savings likely to result directly from the
standard;
4. Any lessening of the utility or the
performance of the covered products likely to
result from the standard;
5. The impact of any lessening of
competition, as determined in writing by the
Attorney General, that is likely to result from
the standard;
6. The need for national energy
conservation; and
7. Other factors the Secretary of Energy
considers relevant.
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(42 U.S.C. 6295(o)(2)(B)(i))
EPCA also directs that DOE may not
prescribe an amended or new standard
if the standard is likely to result in the
unavailability in the United States in
any covered product type (or class) of
performance characteristics (including
reliability), features, sizes, capacities,
and volumes that are substantially the
same as those generally available in the
United States at the time that the
standard is prescribed. (42 U.S.C.
6295(o)(4))
Before proposing a standard, DOE
typically seeks public input on the
analytical framework, models, and tools
that DOE will use to evaluate standards
for the product at issue and the results
of preliminary analyses DOE performed
for the product. DOE is publishing this
document to announce the availability
of the preliminary TSD, which details
the preliminary analyses, discusses the
comments DOE received from interested
parties on the Framework Document,
and summarizes the preliminary results
of DOE’s analyses. In addition, DOE is
announcing a public meeting to solicit
feedback from interested parties on its
analytical framework, models, and
preliminary results.
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II. History of Energy Conservation
Standards Rulemaking for Residential
Furnace Fans
A. Background
There are no current energy
conservation standards for residential
furnace fans. EPCA, as amended by the
Energy Policy Act of 2005 (EPACT
2005), provided DOE authority to
consider and prescribe new energy
conservation standards for electricity
used for purposes of circulating air
through duct work by December 31,
2013. (42 U.S.C. 6295(f)(4)(D)) DOE
interprets this statutory language as
allowing DOE to cover the electricity
used by any electrically-powered device
used in residential central heating,
ventilation, and air-conditioning
(HVAC) systems for the purpose of
circulating air through duct work.
B. Current Rulemaking Process
In initiating this rulemaking, DOE
prepared a Framework Document,
‘‘Rulemaking Framework for Furnace
Fans,’’ which describes the procedural
and analytical approaches DOE
anticipates using to evaluate energy
conservation standards for residential
furnace fans. DOE published a notice
that announced both the availability of
the Framework Document and a public
meeting to discuss the proposed
analytical framework for the
rulemaking. That notice also invited
written comments from the public. 75
FR 31323 (June 3, 2010). The
Framework Document is available at:
https://www1.eere.energy.gov/buildings/
appliance_standards/residential/pdfs/
furnace_fan_framework_only_06-410v3.pdf.
DOE held a public meeting on June
18, 2010, at which it presented the
various analyses DOE would conduct as
part of the rulemaking, such as the
engineering analysis, the life-cycle cost
(LCC) and payback period (PBP)
analyses, and the national impact
analysis (NIA). Manufacturers, trade
associations, environmental and energy
efficiency advocates, and other
interested parties attended the meeting.
The participants discussed the
following major topics: (1) Issues
pertaining to the scope of coverage of
the current rulemaking; (2) product
classes; (3) analytical approaches and
methods used in the rulemaking; (4)
impacts of standards and burden on
manufacturers; (5) technology options;
(6) distribution channels, shipments,
and end users; (7) impacts of outside
regulations; and (8) environmental
issues.
Comments received since publication
of the Framework Document have
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helped DOE identify and resolve issues
related to the preliminary analyses.
Chapter 2 of the preliminary TSD,
available at the web address given in
section III below and in the ADDRESSES
section of this notice, summarizes and
addresses the comments received in
response to the Framework Document.
III. Summary of the Analyses
Performed by DOE
For the residential furnace fans
covered in this rulemaking, DOE
conducted in-depth technical analyses
in the following areas: (1) Engineering;
(2) markups to determine product price;
(3) life-cycle cost and payback period;
and (4) national impacts. The
preliminary TSD that presents the
methodology and results of each of
these analyses is available at: https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/
furnace_fans.html.
DOE also conducted, and has
included in the preliminary TSD,
several other analyses that support the
major analyses. These analyses include:
(1) The market and technology
assessment; (2) the screening analysis,
which contributes to the engineering
analysis; and (3) the shipments analysis,
which contributes to the LCC and PBP
analysis and NIA. In addition to these
analyses, DOE has begun preliminary
work on the manufacturer impact
analysis and has identified the methods
to be used for the LCC subgroup
analysis, the emissions analysis, the
employment impact analysis, the
regulatory impact analysis, and the
utility impact analysis. DOE will
expand on these analyses in the notice
of proposed rulemaking (NOPR).
A. Engineering Analysis
The engineering analysis establishes
the relationship between the
manufacturer selling price and product
efficiency levels that DOE is evaluating
as potential energy conservation
standards. This relationship serves as
the basis for cost-benefit calculations for
individual consumers, manufacturers,
and the Nation. The engineering
analysis identifies representative
baseline products, which is the starting
point for analyzing technologies that
provide energy efficiency
improvements. ‘‘Baseline product’’
refers to a model or models having
features and technologies typically
found in minimally-efficient products
currently available on the market. After
identifying the baseline models, DOE
estimated manufacturer selling prices by
using a consistent methodology and
pricing scheme that includes material
costs and manufacturer markups. DOE
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used these inputs to develop
manufacturer selling prices for the
baseline and more-efficient designs.
Later, in the markups analysis to
determine the installed price, DOE
converts these manufacturer selling
prices into installed prices. In the
preliminary TSD, section 2.5 of chapter
2 and chapter 5 each provide details on
the engineering analysis and the
derivation of the manufacturer selling
prices.
increase in purchase price (including
installation cost) of higher-efficiency
products through savings in the
operating cost of the product. PBP is
calculated by dividing the incremental
increase in installed cost of the higher
efficiency product, compared to
baseline product, by the annual savings
in operating costs. Section 2.8 of chapter
2 and chapter 8 of the preliminary TSD
provide details on the LCC and PBP
analyses.
B. Markups To Determine Installed Price
DOE derives the installed prices for
products based on manufacturer
markups, distributor markups,
contractor markups, and sales taxes. In
deriving these markups, DOE
determined the major distribution
channels for product sales, the markup
associated with each party in each
distribution channel, and the existence
and magnitude of differences between
markups for baseline products (baseline
markups) and higher-efficiency
products (incremental markups). DOE
calculates both overall baseline and
overall incremental markups based on
the product markups at each step in
each distribution channel. In the
preliminary TSD, section 2.6 of chapter
2 and chapter 6 provide detail on the
estimation of markups.
E. National Impact Analysis
The NIA estimates the national energy
savings (NES) and the net present value
(NPV) of total consumer costs and
savings expected to result from new
standards at specific efficiency levels
(referred to as candidate standard
levels). DOE calculated NES and NPV
for each candidate standard level for
residential furnace fans as the difference
between a base-case forecast (without
new standards) and the standards-case
forecast (with standards). DOE
determined national annual energy
consumption by multiplying the
number of units in use (by vintage) by
the average unit energy consumption
(also by vintage). Cumulative energy
savings are the sum of the annual NES
determined from 2018–2047. The
analysis period is 30 years long, which
is consistent with other rulemakings
and sufficiently long to cover the
expected life of the product. The
analysis period begins in 2018, the
expected year of compliance with the
new standard. The national NPV is the
sum over time of the discounted net
savings each year, which consists of the
difference between total operating cost
savings and increases in total installed
costs. Critical inputs to this analysis
include shipments projections, product
retirement rates (based on estimated
product lifetimes), product installed
costs and operating costs, product
annual energy consumption, and
discount rates. Section 2.10 of chapter 2
and chapter 10 of the preliminary TSD
provide details on the NIA.
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C. Energy Use Analysis
DOE carries out the energy use
analysis to estimate the energy
consumption of the residential furnace
fans installed in the field. Details of the
energy use analysis are provided in
section 2.7 of chapter 2 and chapter 7
of the TSD.
D. Life-Cycle Cost and Payback Period
Analyses
The LCC and PBP analyses determine
the economic impact of potential
standards on individual consumers. The
LCC is the total cost of the furnace fan
to the customer over the life of the
product. The LCC analysis compares the
LCCs of products designed to meet
possible energy conservation standards
with the LCCs of the product likely to
be installed in the absence of standards.
DOE determines LCCs by considering:
(1) Total installed cost to the purchaser
(which consists of manufacturer selling
price, sales taxes, distribution chain
markups, and installation cost); (2) the
operating cost of the product (energy
cost, water and wastewater cost, and
maintenance and repair cost); (3)
product lifetime; and (4) a discount rate
that reflects the real consumer cost of
capital and puts the LCC in presentvalue terms. The PBP represents the
number of years needed to recover the
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IV. Public Participation
DOE invites input from the public on
all the topics described above. The
preliminary analytical results are
subject to revision following further
review and input from the public. A
complete and revised TSD will be made
available upon issuance of a NOPR. The
final rule establishing any new energy
conservation standards will contain the
final analytical results and be
accompanied by a final rule TSD.
DOE encourages those who wish to
participate in the public meeting to
obtain the preliminary TSD from DOE’s
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Web site and to be prepared to discuss
its contents. Once again, a copy of the
preliminary TSD is available at: https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/
furnace_fans.html. However, public
meeting participants need not limit their
comments to the topics identified in the
preliminary TSD. DOE is also interested
in receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for these products or that DOE
should address in the NOPR.
Furthermore, DOE welcomes all
interested parties, regardless of whether
they participate in the public meeting,
to submit in writing by September 10,
2012 comments and information on
matters addressed in the preliminary
TSD and on other matters relevant to
consideration of energy conservation
standards for residential furnace fans.
The public meeting will be conducted
in an informal, conference style. A court
reporter will be present to record the
minutes of the meeting. There shall be
no discussion of proprietary
information, costs or prices, market
shares, or other commercial matters
regulated by United States antitrust
laws.
After the public meeting and the
closing of the comment period, DOE
will consider all timely-submitted
comments and additional information
obtained from interested parties, as well
as information obtained through further
analyses, and prepare a NOPR. The
NOPR will include proposed energy
conservation standards for the products
covered by the rulemaking, and
members of the public will be given an
opportunity to submit written and oral
comments on the proposed standards.
A. Attendance at Public Meeting
The time and date of the public
meeting are listed in the DATES and
ADDRESSES sections at the beginning of
this NOPM. The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–089, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. To attend
the public meeting, please notify Ms.
Brenda Edwards at (202) 586–2945. Any
foreign national wishing to participate
in the meeting should advise DOE of
this fact as soon as possible by
contacting Ms. Brenda Edwards to
initiate the necessary procedures.
You can attend the public meeting via
webinar, and registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
published on the following Web site:
https://www1.gotomeeting.com/register/
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914344761. Participants are responsible
for ensuring their computer systems are
compatible with the webinar software.
The purpose of the meeting is to
receive comments and to help DOE
understand potential issues associated
with this rulemaking. DOE must receive
requests to speak at the meeting before
4 p.m., July 23, 2012. DOE must receive
a signed original and an electronic copy
of statements to be given at the public
meeting before 4 p.m., July 23, 2012.
B. Procedure for Submitting Requests to
Speak
Any person who has an interest in
today’s notice or who is a representative
of a group or class of persons that has
an interest in these issues may request
an opportunity to make an oral
presentation. Such persons may handdeliver requests to speak, along with a
computer diskette or CD in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file
format to Ms. Brenda Edwards at the
address shown in the ADDRESSES section
at the beginning of this NOPM between
9 a.m. and 4 p.m. Monday through
Friday, except Federal holidays.
Requests may also be sent by mail to the
address shown in the ADDRESSES section
or email to Brenda.Edwards@ee.doe.gov.
Persons requesting to speak should
briefly describe the nature of their
interest in this rulemaking and provide
a telephone number for contact. DOE
requests persons selected to be heard to
submit an advance copy of their
statements at least two weeks before the
public meeting. At its discretion, DOE
may permit any person who cannot
supply an advance copy of their
statement to participate, if that person
has made advance alternative
arrangements with the Building
Technologies Program. The request to
give an oral presentation should ask for
such alternative arrangements.
wreier-aviles on DSK6TPTVN1PROD with PROPOSALS
C. Conduct of Public Meeting
DOE will designate a DOE official to
preside at the public meeting and may
also employ a professional facilitator to
aid discussion. The meeting will not be
a judicial or evidentiary-type public
hearing, but DOE will conduct it in
accordance with section 336 of EPCA.
(42 U.S.C. 6306) A court reporter will
record the proceedings and prepare a
transcript. DOE reserves the right to
schedule the order of presentations and
to establish the procedures governing
the conduct of the public meeting. After
the public meeting, interested parties
may submit further comments on the
proceedings as well as on any aspect of
the rulemaking until the end of the
comment period.
VerDate Mar<15>2010
15:05 Jul 09, 2012
Jkt 226001
The public meeting will be conducted
in an informal conference style. DOE
will present summaries of comments
received before the public meeting,
allow time for presentations by
participants, and encourage all
interested parties to share their views on
issues affecting this rulemaking. Each
participant will be allowed to make a
prepared general statement (within
DOE-determined time limits) prior to
the discussion of specific topics. DOE
will permit other participants to
comment briefly on any general
statements.
At the end of all prepared statements
on a topic, DOE will permit participants
to clarify their statements briefly and
comment on statements made by others.
Participants should be prepared to
answer questions from DOE and other
participants concerning these issues.
DOE representatives may also ask
questions of participants concerning
other matters relevant to this
rulemaking. The official conducting the
public meeting will accept additional
comments or questions from those
attending, as time permits. The
presiding official will announce any
further procedural rules or modification
of the above procedures that may be
needed for the proper conduct of the
public meeting.
A transcript of the public meeting will
be posted on the DOE Web site and will
also be included in the docket, which
can be viewed as described in the
Docket section at the beginning of this
notice. In addition, any person may buy
a copy of the transcript from the
transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and
other information regarding this
rulemaking before or after the public
meeting, but no later than the date
provided at the beginning of this NOPM.
Please submit comments, data, and
other information as provided in the
ADDRESSES section. Submit electronic
comments in WordPerfect, Microsoft
Word, PDF, or text (ASCII) file format
and avoid the use of special characters
or any form of encryption. Comments in
electronic format should be identified
by the Docket Number EERE–2010–BT–
STD–0011 and/or RIN 1904–AC22 and,
wherever possible, carry the electronic
signature of the author. No
telefacsimiles (faxes) will be accepted.
Pursuant to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two copies: One copy of
the document including all the
information believed to be confidential
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
and one copy of the document with the
information believed to be confidential
deleted. DOE will make its own
determination as to 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) a date
upon which such information might
lose its confidential nature due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this NOPM.
Issued in Washington, DC, on June 28,
2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–16816 Filed 7–9–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF COMMERCE
International Trade Administration
19 CFR Part 351
[Docket No. 120411407–2407–01]
RIN 0625–AA91
Modification of Regulations Regarding
the Definition of Factual Information
and Time Limits for Submission of
Factual Information
Import Administration,
International Trade Administration,
Department of Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
The Department of Commerce
(the Department) proposes to modify its
regulations which define ‘‘factual
information’’ and establish time limits
for the submission of factual
information in antidumping (AD) and
countervailing duty (CVD) proceedings.
The modifications to the definition of
SUMMARY:
E:\FR\FM\10JYP1.SGM
10JYP1
]]>Agencies
[Federal Register Volume 77, Number 132 (Tuesday, July 10, 2012)]
[Proposed Rules]
[Pages 40530-40534]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-16816]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2010-BT-STD-0011]
RIN 1904-AC22
Energy Conservation Standards for Residential Furnace Fans:
Public Meeting and Availability of the Preliminary Technical Support
Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of preliminary
technical support document.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to discuss and receive comments on the product classes that DOE plans
to analyze for purposes of establishing energy conservation standards
for residential furnace fans; the analytical framework, models, and
tools that DOE is using to evaluate potential standards for these
products; the results of preliminary analyses performed by DOE for
these products; the potential energy conservation standard levels
derived from these analyses that DOE could consider for these products;
and any other issues relevant to the development of energy conservation
standards for residential furnace fans. In addition, DOE encourages
written comments on these subjects. To inform interested parties and to
facilitate this process, DOE has prepared an agenda, a preliminary
technical support document
[[Page 40531]]
(preliminary TSD), and briefing materials, which are available on the
DOE Web site.
DATES: DOE will hold a public meeting on July 27, 2012, from 9 a.m. to
4 p.m. in Washington, DC. Additionally, DOE plans to allow for
participation in the public meeting via webinar. DOE will accept
comments, data, and other information regarding this rulemaking before
or after the public meeting, but no later than September 10, 2012. See
section IV, ``Public Participation,'' of this notice of public meeting
(NOPM) for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-089, 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 which require advance notice prior to attendance
at the public meeting. If a foreign national wishes to participate in
the public meeting, please inform DOE of this fact as soon as possible
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the
necessary procedures can be completed. DOE requires visitors to have
laptops and other devices, such as tablets, checked upon entry into the
building. Please report to the visitor's desk to have devices checked
before proceeding through security.
As noted above, DOE has prepared an agenda, a preliminary TSD, and
briefing materials, which are available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/furnace_fans.html.
Interested persons may submit comments, identified by docket number
EERE-2010-BT-STD-0011 and/or Regulation Identification Number (RIN)
1904-AC22, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Email: FurnFans-2010-STD-0011@ee.doe.gov. Include the
docket number EERE-2010-BT-STD-0011 and/or RIN 1904-AC22 in the subject
line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Public Meeting for
Residential Furnace Fans, EERE-2010-BT-STD-0011, 1000 Independence
Avenue SW., Washington, DC 20585-0121. Telephone (202) 586-2945. 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: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., 6th
Floor, Washington, DC 20024. Telephone (202) 586-2945. If possible,
please submit all items on CD, in which case it is not necessary to
include printed copies.
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, Framework Documents, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. All documents in the docket are listed in the
www.regulations.gov index. However, not all documents listed in the
index may be publicly available, such as information that is exempt
from public disclosure. The www.regulations.gov Web page contains
instructions on how to access all documents in the docket, including
public comments.
The rulemaking Web page can be found at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/furnace_fans.html. This Web page contains a link to the docket for
this notice at www.regulations.gov.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section IV, ``Public
Participation,'' of this document. For further information on how to
submit a comment, review other public comments and the docket, or
participate in the public meeting, contact Ms. Brenda Edwards at (202)
586-2945 or by email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Mohammed Khan, 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. Email: Mohammed.Khan@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
For information on how to submit or review public comments and on
how to participate in the public meeting, contact Ms. Brenda Edwards,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. History of Energy Conservation Standards Rulemaking for
Residential Furnace Fans
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
A. Engineering Analysis
B. Markups To Determine Installed Price
C. Energy Use Analysis
D. Life-Cycle Cost and Payback Period Analyses
E. National Impact Analysis
IV. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests to Speak
C. Conduct of Public Meeting
D. Submission of Comments
V. Approval of the Office of the Secretary
I. Authority
Title III, Part B \1\ of the Energy Policy and Conservation Act of
1975, as amended, (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to
improve energy efficiency and established the Energy Conservation
Program for Consumer Products Other Than Automobiles, a program
covering most major household appliances.\2\ These include products
that use electricity for the purposes of circulating air through duct
work, hereinafter referred to as ``residential furnace fans'' or simply
``furnace fans,'' the subject of today's notice. (42 U.S.C.
6295(f)(4)(D))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ All references to EPCA in this rulemaking refer to the
statute as amended through the Energy Independence and Security Act
of 2007, Public Law 110-140.
---------------------------------------------------------------------------
Pursuant to EPCA, DOE's energy conservation program for covered
products consists essentially of four parts: (1) Testing; (2) labeling;
(3) establishment of Federal energy conservation standards; and (4)
certification and enforcement procedures. Subject to certain criteria
and conditions, DOE has authority to establish mandatory energy
conservation standards for residential furnace fans. EPCA requires DOE
to consider and establish energy conservation standards for residential
furnace fans by December 31, 2013. (42 U.S.C. 6295(f)(4)(D))
EPCA provides criteria for prescribing new energy conservation
standards for residential furnace fans. More specifically, DOE is
required to consider standards for these products that: (1) Achieve the
maximum improvement in energy efficiency that is technologically
feasible and economically justified; and
[[Page 40532]]
(2) result in significant conservation of energy. (42 U.S.C.
6295(o)(2)(A) and (o)(3)(B)) To determine whether a candidate standard
is economically justified, DOE will, after receiving comments on the
candidate standard, determine whether the benefits of the standard
exceed its burdens to the greatest extent practicable, using the
following seven factors:
1. The economic impact of the standard on manufacturers and
consumers of products subject to the standard;
2. The savings in operating costs throughout the estimated
average life of the covered products in the type (or class) compared
to any increase in the price, initial charges, or maintenance
expenses for the covered products which are likely to result from
the standard;
3. The total projected amount of energy savings likely to result
directly from the standard;
4. Any lessening of the utility or the performance of the
covered products likely to result from the standard;
5. The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
standard;
6. The need for national energy conservation; and
7. Other factors the Secretary of Energy considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i))
EPCA also directs that DOE may not prescribe an amended or new
standard if the standard is likely to result in the unavailability in
the United States in any covered product type (or class) of performance
characteristics (including reliability), features, sizes, capacities,
and volumes that are substantially the same as those generally
available in the United States at the time that the standard is
prescribed. (42 U.S.C. 6295(o)(4))
Before proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that DOE will use to
evaluate standards for the product at issue and the results of
preliminary analyses DOE performed for the product. DOE is publishing
this document to announce the availability of the preliminary TSD,
which details the preliminary analyses, discusses the comments DOE
received from interested parties on the Framework Document, and
summarizes the preliminary results of DOE's analyses. In addition, DOE
is announcing a public meeting to solicit feedback from interested
parties on its analytical framework, models, and preliminary results.
II. History of Energy Conservation Standards Rulemaking for Residential
Furnace Fans
A. Background
There are no current energy conservation standards for residential
furnace fans. EPCA, as amended by the Energy Policy Act of 2005 (EPACT
2005), provided DOE authority to consider and prescribe new energy
conservation standards for electricity used for purposes of circulating
air through duct work by December 31, 2013. (42 U.S.C. 6295(f)(4)(D))
DOE interprets this statutory language as allowing DOE to cover the
electricity used by any electrically-powered device used in residential
central heating, ventilation, and air-conditioning (HVAC) systems for
the purpose of circulating air through duct work.
B. Current Rulemaking Process
In initiating this rulemaking, DOE prepared a Framework Document,
``Rulemaking Framework for Furnace Fans,'' which describes the
procedural and analytical approaches DOE anticipates using to evaluate
energy conservation standards for residential furnace fans. DOE
published a notice that announced both the availability of the
Framework Document and a public meeting to discuss the proposed
analytical framework for the rulemaking. That notice also invited
written comments from the public. 75 FR 31323 (June 3, 2010). The
Framework Document is available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/furnace_fan_framework_only_06-4-10v3.pdf.
DOE held a public meeting on June 18, 2010, at which it presented
the various analyses DOE would conduct as part of the rulemaking, such
as the engineering analysis, the life-cycle cost (LCC) and payback
period (PBP) analyses, and the national impact analysis (NIA).
Manufacturers, trade associations, environmental and energy efficiency
advocates, and other interested parties attended the meeting. The
participants discussed the following major topics: (1) Issues
pertaining to the scope of coverage of the current rulemaking; (2)
product classes; (3) analytical approaches and methods used in the
rulemaking; (4) impacts of standards and burden on manufacturers; (5)
technology options; (6) distribution channels, shipments, and end
users; (7) impacts of outside regulations; and (8) environmental
issues.
Comments received since publication of the Framework Document have
helped DOE identify and resolve issues related to the preliminary
analyses. Chapter 2 of the preliminary TSD, available at the web
address given in section III below and in the ADDRESSES section of this
notice, summarizes and addresses the comments received in response to
the Framework Document.
III. Summary of the Analyses Performed by DOE
For the residential furnace fans covered in this rulemaking, DOE
conducted in-depth technical analyses in the following areas: (1)
Engineering; (2) markups to determine product price; (3) life-cycle
cost and payback period; and (4) national impacts. The preliminary TSD
that presents the methodology and results of each of these analyses is
available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/furnace_fans.html.
DOE also conducted, and has included in the preliminary TSD,
several other analyses that support the major analyses. These analyses
include: (1) The market and technology assessment; (2) the screening
analysis, which contributes to the engineering analysis; and (3) the
shipments analysis, which contributes to the LCC and PBP analysis and
NIA. In addition to these analyses, DOE has begun preliminary work on
the manufacturer impact analysis and has identified the methods to be
used for the LCC subgroup analysis, the emissions analysis, the
employment impact analysis, the regulatory impact analysis, and the
utility impact analysis. DOE will expand on these analyses in the
notice of proposed rulemaking (NOPR).
A. Engineering Analysis
The engineering analysis establishes the relationship between the
manufacturer selling price and product efficiency levels that DOE is
evaluating as potential energy conservation standards. This
relationship serves as the basis for cost-benefit calculations for
individual consumers, manufacturers, and the Nation. The engineering
analysis identifies representative baseline products, which is the
starting point for analyzing technologies that provide energy
efficiency improvements. ``Baseline product'' refers to a model or
models having features and technologies typically found in minimally-
efficient products currently available on the market. After identifying
the baseline models, DOE estimated manufacturer selling prices by using
a consistent methodology and pricing scheme that includes material
costs and manufacturer markups. DOE
[[Page 40533]]
used these inputs to develop manufacturer selling prices for the
baseline and more-efficient designs. Later, in the markups analysis to
determine the installed price, DOE converts these manufacturer selling
prices into installed prices. In the preliminary TSD, section 2.5 of
chapter 2 and chapter 5 each provide details on the engineering
analysis and the derivation of the manufacturer selling prices.
B. Markups To Determine Installed Price
DOE derives the installed prices for products based on manufacturer
markups, distributor markups, contractor markups, and sales taxes. In
deriving these markups, DOE determined the major distribution channels
for product sales, the markup associated with each party in each
distribution channel, and the existence and magnitude of differences
between markups for baseline products (baseline markups) and higher-
efficiency products (incremental markups). DOE calculates both overall
baseline and overall incremental markups based on the product markups
at each step in each distribution channel. In the preliminary TSD,
section 2.6 of chapter 2 and chapter 6 provide detail on the estimation
of markups.
C. Energy Use Analysis
DOE carries out the energy use analysis to estimate the energy
consumption of the residential furnace fans installed in the field.
Details of the energy use analysis are provided in section 2.7 of
chapter 2 and chapter 7 of the TSD.
D. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual consumers. The LCC is the total cost of the
furnace fan to the customer over the life of the product. The LCC
analysis compares the LCCs of products designed to meet possible energy
conservation standards with the LCCs of the product likely to be
installed in the absence of standards. DOE determines LCCs by
considering: (1) Total installed cost to the purchaser (which consists
of manufacturer selling price, sales taxes, distribution chain markups,
and installation cost); (2) the operating cost of the product (energy
cost, water and wastewater cost, and maintenance and repair cost); (3)
product lifetime; and (4) a discount rate that reflects the real
consumer cost of capital and puts the LCC in present-value terms. The
PBP represents the number of years needed to recover the increase in
purchase price (including installation cost) of higher-efficiency
products through savings in the operating cost of the product. PBP is
calculated by dividing the incremental increase in installed cost of
the higher efficiency product, compared to baseline product, by the
annual savings in operating costs. Section 2.8 of chapter 2 and chapter
8 of the preliminary TSD provide details on the LCC and PBP analyses.
E. National Impact Analysis
The NIA estimates the national energy savings (NES) and the net
present value (NPV) of total consumer costs and savings expected to
result from new standards at specific efficiency levels (referred to as
candidate standard levels). DOE calculated NES and NPV for each
candidate standard level for residential furnace fans as the difference
between a base-case forecast (without new standards) and the standards-
case forecast (with standards). DOE determined national annual energy
consumption by multiplying the number of units in use (by vintage) by
the average unit energy consumption (also by vintage). Cumulative
energy savings are the sum of the annual NES determined from 2018-2047.
The analysis period is 30 years long, which is consistent with other
rulemakings and sufficiently long to cover the expected life of the
product. The analysis period begins in 2018, the expected year of
compliance with the new standard. The national NPV is the sum over time
of the discounted net savings each year, which consists of the
difference between total operating cost savings and increases in total
installed costs. Critical inputs to this analysis include shipments
projections, product retirement rates (based on estimated product
lifetimes), product installed costs and operating costs, product annual
energy consumption, and discount rates. Section 2.10 of chapter 2 and
chapter 10 of the preliminary TSD provide details on the NIA.
IV. Public Participation
DOE invites input from the public on all the topics described
above. The preliminary analytical results are subject to revision
following further review and input from the public. A complete and
revised TSD will be made available upon issuance of a NOPR. The final
rule establishing any new energy conservation standards will contain
the final analytical results and be accompanied by a final rule TSD.
DOE encourages those who wish to participate in the public meeting
to obtain the preliminary TSD from DOE's Web site and to be prepared to
discuss its contents. Once again, a copy of the preliminary TSD is
available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/furnace_fans.html. However, public meeting
participants need not limit their comments to the topics identified in
the preliminary TSD. DOE is also interested in receiving views
concerning other relevant issues that participants believe would affect
energy conservation standards for these products or that DOE should
address in the NOPR.
Furthermore, DOE welcomes all interested parties, regardless of
whether they participate in the public meeting, to submit in writing by
September 10, 2012 comments and information on matters addressed in the
preliminary TSD and on other matters relevant to consideration of
energy conservation standards for residential furnace fans.
The public meeting will be conducted in an informal, conference
style. A court reporter will be present to record the minutes of the
meeting. There shall be no discussion of proprietary information, costs
or prices, market shares, or other commercial matters regulated by
United States antitrust laws.
After the public meeting and the closing of the comment period, DOE
will consider all timely-submitted comments and additional information
obtained from interested parties, as well as information obtained
through further analyses, and prepare a NOPR. The NOPR will include
proposed energy conservation standards for the products covered by the
rulemaking, and members of the public will be given an opportunity to
submit written and oral comments on the proposed standards.
A. Attendance at Public Meeting
The time and date of the public meeting are listed in the DATES and
ADDRESSES sections at the beginning of this NOPM. The public meeting
will be held at the U.S. Department of Energy, Forrestal Building, Room
8E-089, 1000 Independence Avenue SW., Washington, DC 20585-0121. To
attend the public meeting, please notify Ms. Brenda Edwards at (202)
586-2945. Any foreign national wishing to participate in the meeting
should advise DOE of this fact as soon as possible by contacting Ms.
Brenda Edwards to initiate the necessary procedures.
You can attend the public meeting via webinar, and registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on the
following Web site: https://www1.gotomeeting.com/register/
[[Page 40534]]
914344761. Participants are responsible for ensuring their computer
systems are compatible with the webinar software.
The purpose of the meeting is to receive comments and to help DOE
understand potential issues associated with this rulemaking. DOE must
receive requests to speak at the meeting before 4 p.m., July 23, 2012.
DOE must receive a signed original and an electronic copy of statements
to be given at the public meeting before 4 p.m., July 23, 2012.
B. Procedure for Submitting Requests to Speak
Any person who has an interest in today's notice or who is a
representative of a group or class of persons that has an interest in
these issues may request an opportunity to make an oral presentation.
Such persons may hand-deliver requests to speak, along with a computer
diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII)
file format to Ms. Brenda Edwards at the address shown in the ADDRESSES
section at the beginning of this NOPM between 9 a.m. and 4 p.m. Monday
through Friday, except Federal holidays. Requests may also be sent by
mail to the address shown in the ADDRESSES section or email to
Brenda.Edwards@ee.doe.gov.
Persons requesting to speak should briefly describe the nature of
their interest in this rulemaking and provide a telephone number for
contact. DOE requests persons selected to be heard to submit an advance
copy of their statements at least two weeks before the public meeting.
At its discretion, DOE may permit any person who cannot supply an
advance copy of their statement to participate, if that person has made
advance alternative arrangements with the Building Technologies
Program. The request to give an oral presentation should ask for such
alternative arrangements.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also employ a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C.
6306) A court reporter will record the proceedings and prepare a
transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. After the public meeting, interested parties may
submit further comments on the proceedings as well as on any aspect of
the rulemaking until the end of the comment period.
The public meeting will be conducted in an informal conference
style. DOE will present summaries of comments received before the
public meeting, allow time for presentations by participants, and
encourage all interested parties to share their views on issues
affecting this rulemaking. Each participant will be allowed to make a
prepared general statement (within DOE-determined time limits) prior to
the discussion of specific topics. DOE will permit other participants
to comment briefly on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions from DOE and other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the public meeting.
A transcript of the public meeting will be posted on the DOE Web
site and will also be included in the docket, which can be viewed as
described in the Docket section at the beginning of this notice. In
addition, any person may buy a copy of the transcript from the
transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and other information regarding
this rulemaking before or after the public meeting, but no later than
the date provided at the beginning of this NOPM. Please submit
comments, data, and other information as provided in the ADDRESSES
section. Submit electronic comments in WordPerfect, Microsoft Word,
PDF, or text (ASCII) file format and avoid the use of special
characters or any form of encryption. Comments in electronic format
should be identified by the Docket Number EERE-2010-BT-STD-0011 and/or
RIN 1904-AC22 and, wherever possible, carry the electronic signature of
the author. No telefacsimiles (faxes) will be accepted.
Pursuant to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: One copy of the document including
all the information believed to be confidential and one copy of the
document with the information believed to be confidential deleted. DOE
will make its own determination as to 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) a date upon which such information might lose
its confidential nature due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this NOPM.
Issued in Washington, DC, on June 28, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-16816 Filed 7-9-12; 8:45 am]
BILLING CODE 6450-01-P
