Energy Conservation Program for High-Intensity Discharge Lamps: Public Meeting and Availability of the Interim Technical Support Document, 13566-13570 [2013-04672]
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules
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increased product expenditure in
dollars. Chapters 2 and 10 of the
preliminary TSD provide more detail on
the NIA.
IV. Public Participation
DOE consulted with interested parties
on all of the analyses and invites further
input on these topics. The preliminary
analytical results are subject to revision
following review and input from the
public. A revised TSD will be made
available upon issuance of a NOPR. Any
final rule will contain the final analysis
results and be accompanied by a final
rule TSD.
At the preliminary analysis public
meeting, the Department will make a
presentation, invite discussion on the
rulemaking process as it applies to the
covered products, and solicit comments,
data, and information from participants
and other interested parties. Participants
can also attend the public meeting via
webinar. Registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
available through the following Web
page: https://www1.eere.energy.gov/
buildings/appliance_standards/public_
meetings_and_comment_deadline.html.
Participants are responsible for ensuring
their computer systems are compatible
with the webinar software. The
Department encourages those who wish
to participate in the public meeting to
obtain the preliminary TSD and to be
prepared to discuss its contents.
However, public meeting participants
need not limit their comments to the
topics identified in the TSD. DOE is also
interested in receiving information on
other relevant issues that participants
believe would affect energy
conservation standards for these
products or that DOE should address in
the NOPR.
DOE welcomes all interested parties,
regardless of whether they participate in
the public meeting, to submit comments
and information in writing by the day
listed in the DATES section.
The public meeting and associated
webinar 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, prices, market
shares, or other commercial matters
regulated by U.S. antitrust laws.
After considering all comments and
additional information it receives from
interested parties or through further
analyses, DOE will consider whether to
propose standard levels in a NOPR. Any
NOPR would be published in the
Federal Register and include proposed
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energy conservation standards for the
products covered by the rulemaking.
Members of the public will again have
an opportunity to submit written and
oral comments on any proposed
standards.
Issued in Washington, DC, on February 20,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–04711 Filed 2–27–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE–2010–BT–STD–0043]
RIN 1904–AC36
Energy Conservation Program for
High-Intensity Discharge Lamps:
Public Meeting and Availability of the
Interim Technical Support Document
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of interim technical support
document.
AGENCY:
The U.S. Department of
Energy (DOE) will hold a public meeting
to discuss and receive comments on the
interim analysis it has conducted for
purposes of establishing energy
conservation standards for highintensity discharge (HID) lamps. The
meeting will cover the analytical
framework, models, and tools that DOE
is using to evaluate standards for this
equipment; the results of interim
analyses performed by DOE for this
equipment; the potential energy
conservation standard levels derived
from these analyses that DOE could
consider for this equipment; and any
other issues relevant to the development
of energy conservation standards for
HID lamps. In addition, DOE encourages
written comments on these subjects. To
inform interested parties and facilitate
this process, DOE has prepared an
agenda, an interim technical support
document (TSD), and briefing materials,
which are available on the DOE Web
site at: https://www1.eere.energy.gov/
buildings/appliance_standards/
rulemaking.aspx/ruleid/23.
DATES: DOE will hold a public meeting
on April 2, 2013, from 9:00 a.m. to 4:00
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
SUMMARY:
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information regarding this rulemaking
before or after the public meeting, but
no later than April 19, 2013. 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.
Interested parties may submit
comments, identified by docket number
EERE–2010–BT–STD–0043 and/or
Regulation Identifier Number (RIN)
1904–AC36, by any of the following
methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: HIDLamps-2010–STD–
0043@ee.doe.gov. Include the docket
number EERE–2010–BT–STD–0043
and/or RIN 1904–AC36 in the subject
line of the message.
• Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Interim Analysis for High-Intensity
Discharge Lamps, EERE–2010–BT–STD–
0043 and/or RIN 1904–AC36, 1000
Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
[Please note that comments and CDs
sent by mail are often delayed and may
be damaged by mail screening
processes.]
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza, SW., Suite 600,
Washington, DC 20024. If possible,
please submit all items on a 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
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attendee lists and transcripts,
comments, and other supporting
documents and materials. All
documents in the docket are listed in
the https://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 rulemaking web page can be
found at: https://www1.eere.energy.gov/
buildings/appliance_standards/
rulemaking.aspx/ruleid/23. This web
page contains a link to the docket for
this notice on the regulations.gov site.
The regulations.gov web page contains
instructions on how to access all
documents, including public comments,
in the docket.
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: Ms.
Lucy deButts, 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) 287–1604. Email:
high_intensity_discharge_lamps@ee.
doe.gov. Or visit DOE’s HID lamps web
page at https://www1.eere.energy.gov/
buildings/appliance_standards/product.
aspx/productid/60 for information
about any existing standards and test
procedures, and the history and impacts
of previous DOE regulatory actions, for
this category of equipment.
In the Office of the General Counsel,
contact Ms. Elizabeth Kohl, U.S.
Department of Energy, Office of the
General Counsel, GC–71, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–7796. Email:
elizabeth.kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Authority
II. History of Energy Conservation Standards
Rulemakings for High-Intensity
Discharge Lamps
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses
A. Engineering Analysis
B. Markups To Determine Prices
C. Energy Use Analysis
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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 of the Energy Policy
and Conservation Act of 1975 (EPCA; 42
U.S.C. 6291–6317), as amended,
established the Energy Conservation
Program for Consumer Products other
than Automobiles. Title III, Part C
established the Energy Conservation
Program for Certain Industrial
Equipment, which includes the highintensity discharge (HID) lamps
addressed in this interim analysis.1
While HID lamps are defined under Part
B, the requirement for DOE to set
standards for HID lamps is set forth in
Part C. As a result, DOE has determined
that the provisions of Part C apply to
HID lamps.
EPCA requires the U.S. Department of
Energy (DOE) to prescribe testing
requirements for those HID lamps for
which DOE makes a determination that
energy conservation standards would be
technologically feasible and
economically justified, and would result
in significant energy savings. (42 U.S.C.
6317(a)(1)). EPCA further requires DOE,
within 18 months of prescribing any
testing requirements for HID lamps, to
prescribe energy conservation standards
for those lamps. (42 U.S.C. 6317(a)(2)).
Any standards would apply to lamps
manufactured 36 months after the date
the standards rule is published. (42
U.S.C. 6317(a)(3)).
Energy conservation standards
adopted by DOE must: (1) achieve the
maximum improvement in energy
efficiency that is technologically
feasible and economically justified; and
(2) result in significant conservation of
energy. (42 U.S.C. 6295(o)(2)(A) and
(o)(3)(B)). To determine whether a
proposed standard is economically
justified, DOE will, after receiving
comments on the proposed standard,
determine whether the benefits of the
standard exceed its burdens by, to the
greatest extent practicable, considering
the following seven factors:
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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 imposition of the standard;
3. The total projected amount of energy
savings likely to result directly from the
imposition of the standard;
4. Any lessening of the utility or the
performance of the covered products likely to
result from the imposition of 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 imposition of 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))
Additional statutory requirements of
general applicability for prescribing new
or amended standards are set forth in 42
U.S.C. 6295(o)(1)–(5), 42 U.S.C. 6316(a),
and other relevant sections of EPCA.
Before proposing a standard, DOE
typically seeks public input on the
analytical framework, models, and tools
that DOE will use to evaluate standards
for HID lamps and the results of interim
analyses. Today’s document announces
the availability of the interim TSD,
which details the interim analyses,
discusses the comments DOE received
from interested parties on the
Framework Document, and summarizes
the interim 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 interim results.
II. History of Energy Conservation
Standards Rulemakings for HighIntensity Discharge Lamps
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
A. Background
As mentioned in the previous section,
EPCA requires DOE to prescribe testing
requirements for those HID lamps for
which DOE makes a determination that
energy conservation standards would be
technologically feasible and
economically justified, and would result
in significant energy savings. (42 U.S.C.
6317(a)(1)). Further, within 18 months
of prescribing any test procedures,
EPCA requires DOE to prescribe energy
conservation standards for those lamps;
standards would apply to lamps
manufactured 36 months after the date
the standards rule is published. (42
U.S.C. 6317(a)(2)–(3)).
DOE published a positive final
determination2 (hereafter the ‘‘final
determination’’) that standards for
certain HID lamps are technologically
1 For editorial reasons, upon codification in the
U.S. Code, Parts B and C were re-designated Parts
A and A–1, respectively.
2 The final determination is available at: https://
www1.eere.energy.gov/buildings/
appliance_standards/product.aspx/productid/60.
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feasible, economically justified, and
would result in a significant energy
savings. 75 FR 37975 (July 1, 2010). As
a result of this determination, DOE is
currently conducting a test procedure
rulemaking for the specified lamps,3 as
well as conducting this standards
rulemaking. On February 28, 2012, DOE
published a notice announcing the
availability of the framework document,
‘‘Framework Document for HighIntensity Discharge Lamps,’’ and a
public meeting to discuss the proposed
analytical framework for the
rulemaking. 77 FR 11785. DOE also
posted the framework document on its
Web site, in which DOE described the
procedural and analytical approaches
DOE anticipated using to evaluate the
establishment of energy conservation
standards for HID lamps.
DOE held the public meeting for the
framework document on March 29,
2012,4 to describe the various
rulemaking analyses DOE would
conduct, such as the engineering
analysis, the life-cycle cost (LCC) and
payback period (PBP) analyses, and the
national impact analysis (NIA); the
methods for conducting them; and the
relationship among the various
analyses. Manufacturers, trade
associations, and energy efficiency
advocates attended the meeting. The
participants discussed multiple issues,
including the scope of coverage; the
appropriateness of lumen output as an
equipment class-setting factor; the
metrics of initial and mean lamp
efficacy; the technological shift from
HID lamps to light-emitting diode (LED)
lighting; the necessity of changing
ballasts and fixtures when moving to
more efficacious HID lamps; the
potential for increased testing burden.
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B. Current Rulemaking Process
In this interim analysis, DOE
considers whether and at what level(s)
to promulgate energy conservation
standards for certain HID lamps.
Comments received since the
publication of the framework document
have helped DOE identify and resolve
issues involved in the interim analyses.
The process for developing energy
conservation standards involves input
from the public. DOE considers the
participation of interested parties to be
a very important part of the rulemaking
process. Accordingly, DOE encourages
the participation of all interested parties
3 DOE published a proposed test procedure NOPR
on December 15, 2011 (76 FR 77914).
4 The framework document and public meeting
information can be accessed at:
https://www1.eere.energy.gov/buildings/
appliance_standards/rulemaking.aspx/ruleid/23.
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during the comment period provided at
each stage of the rulemaking.
In conducting energy conservation
standards rulemakings, DOE involves
interested parties through various
means. This standards rulemaking
process for HID lamps involves four
public notices, published in the Federal
Register, and three public meetings
(including the public notice and
meeting associated with the framework
document previously mentioned).
The interim analysis allows for public
comment on the data, models, and tools
that DOE expects to use in the
rulemaking. These data, as discussed in
section III, include equipment classes
and candidate standard levels (CSLs),
which span the range of efficacies from
baseline equipment 5 to the most
efficacious technology. DOE requests
comment and will hold a public
meeting and webinar related to the
interim analyses on the day specified in
the DATES section. After the interim
analysis public meeting, DOE will
publish a notice of proposed rulemaking
(NOPR) presenting a discussion of
comments received in response to the
framework document and interim
analyses, along with DOE’s analysis of
the effects of potential standards on
customers, manufacturers, and the
nation; DOE’s weighting of these effects;
and the proposed standard levels for
public comment.
III. Summary of the Analyses
DOE conducted in-depth technical
analyses in the following areas for the
HID lamps currently under
consideration: (1) Engineering, (2)
markups to determine equipment price;
(3) energy use; (4) life-cycle cost and
payback period; and (5) national impact.
The interim TSD presents the
methodology and results of each of
these analyses is available at https://
www1.eere.energy.gov/buildings/
appliance_standards/product.aspx/
productid/60.
DOE also conducted, and has
included in the interim TSD, several
other analyses that support the major
analyses or are interim analyses that
will be expanded upon for a NOPR if
DOE determines that new energy
conservation standards are
technologically feasible, economically
justified, and would save a significant
5 DOE selected baseline lamps as representative
equipment. Generally, a baseline lamp is one that
represents the most common, least efficacious lamp
sold within an equipment class. DOE selected
multiple baseline lamps to ensure consideration of
different high-volume lamps and their associated
customer economics (e.g., customers of mercury
vapor lamp-and-ballast systems incur different costs
than customers of metal halide lamp-and-ballast
systems).
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amount of energy, based on the
information presented to the
Department. 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
consumer 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
any NOPR.
A. Engineering Analysis
In energy conservation standard
rulemakings for other equipment, DOE
often develops cost-efficiency
relationships in the engineering
analysis. However, for this HID lamp
rulemaking, DOE derives efficiency
levels in the engineering analysis and
lamp end-user prices in the equipment
price determination. DOE also develops
ballast and fixture manufacturer selling
prices (MSPs) in the equipment price
determination, because a change of
ballast and fixture is often required
when transitioning to a more
efficacious, reduced-wattage lamp. The
engineering analysis focuses on
selecting commercially available lamps
that incorporate design options that
improve efficacy. The engineering
analysis identifies both the highest
efficacy that is technologically feasible
within each equipment class and the
representative baseline models, which
serve as reference points against which
DOE can measure changes resulting
from potential energy conservation
standards. After identifying more
efficacious substitutes for each baseline
model, DOE developed CSLs. Chapter 2
and 5 of the interim TSD discuss the
engineering analysis, and chapter 2 and
6 and appendix 6A of the interim TSD
discuss the equipment price
determination.
B. Markups To Determine Prices
Because DOE estimated HID lamp
end-user prices directly, markups were
not needed to relate MSPs to end-user
prices for lamps. In its markup analysis,
DOE evaluates distribution channels for
HID lamps to help develop end-user
equipment prices for ballasts and
fixtures for the LCC analysis and NIA.
Chapters 2 and 7 of the interim TSD
provide detail on the estimation of
markups.
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C. Energy Use Analysis
The energy use analysis provides
estimates of the annual energy
consumption of HID lamps. The energy
use analysis seeks to estimate the range
of energy consumption of the equipment
that meet each of the efficiency levels
considered in a given rulemaking as
they are used in the field. DOE uses
these values in the LCC and PBP
analyses and in the NIA. Chapters 2 and
8 of the interim TSD provide detail on
the energy use analysis.
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 purchasing,
installing, operating, and maintaining
considered equipment over the course
of its lifetime. The LCC analysis
compares the LCCs of equipment
designed to meet possible energy
conservation standards with the LCC of
the equipment 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, distribution chain markups, sales
taxes, and installation cost); (2) the
operating cost of the equipment (energy
cost, water and wastewater cost in some
cases, and maintenance and repair cost);
(3) equipment 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 higherefficacy, reduced-wattage equipment
through savings in the operating cost of
the equipment. PBP is calculated by
dividing the incremental increase in
installed cost of the higher efficiency
product, compared to the baseline
equipment, by the annual savings in
operating costs. Chapters 2 and 9 of the
interim TSD provide detail on the LCC
and PBP analysis.
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E. National Impact Analysis
The NIA estimates the national energy
savings (NES) and the net present value
(NPV) of total customer costs and
savings expected to result from new
standards at specific efficiency levels
(referred to as candidate standard
levels). DOE calculates NES and NPV
for each candidate standard level for
HID lamps as the difference between a
base-case projection (without new
standards) and the standards-case
projection (with standards). Cumulative
energy savings are the sum of the annual
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NES determined for the lifetime of the
equipment shipped from 2017 to 2046.
The 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. To calculate energy
use, equipment stock in a given year is
multiplied by annual energy use. DOE
calculates the national NPV of the
customer savings resulting from energy
conservation standards in conjunction
with the NES. It calculates annual
energy expenditures from annual energy
use by incorporating projected energy
prices and installed stock in each year.
DOE calculates annual equipment
expenditures by multiplying the
projected shipments by the projected
price per lamp, adjusted by AEO2011
price trend projections. The difference
between a base-case and a standardscase scenario gives the national energy
bill savings and increased equipment
expenditure in dollars. Chapters 2 and
11 of the interim TSD provide more
detail on the NIA.
IV. Public Participation
DOE invites input from the public on
all the topics described above. The
interim 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 any NOPR. A final rule
establishing any new energy
conservation standards would contain
the final analytical results and will be
accompanied by a final rule TSD.
DOE encourages those who wish to
participate in the public meeting to
obtain the interim TSD from DOE’s Web
site and to be prepared to discuss its
contents. A copy of the interim TSD is
available at: https://
www1.eere.energy.gov/buildings/
appliance_standards/rulemaking.aspx/
ruleid/23. However, public meeting
participants need not limit their
comments to the topics identified in the
interim TSD; DOE is also interested in
receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for this product 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 April 19, 2013
comments, data, and information on
matters addressed in the interim TSD
and on other matters relevant to
consideration of energy conservation
standards for HID lamps.
The public meeting and associated
webinar will be conducted in an
informal, conference style. A court
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13569
reporter will be present to record the
minutes of the meeting. There shall be
no discussion of proprietary
information, costs, 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. Afterwards, DOE will publish
either a determination that the
standards for HID lamps need not be
amended or a NOPR proposing to
amend those standards. Any NOPR
would include proposed energy
conservation standards for the
equipment 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 notice. 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.eere.energy.gov/buildings/
appliance_standards/rulemaking.aspx/
ruleid/23. 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
4:00 p.m. March 19, 2013. DOE must
receive a signed original and an
electronic copy of statements to be given
at the public meeting before 4:00 p.m.
March 26, 2013.
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
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules
srobinson on DSK4SPTVN1PROD with PROPOSALS
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 notice between
9:00 a.m. and 4:00 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.
VerDate Mar<15>2010
16:47 Feb 27, 2013
Jkt 229001
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 notice.
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–0043 and/or RIN 1904–AC36 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
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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 notice of public
meeting.
Issued in Washington, DC, on February 20,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–04672 Filed 2–27–13; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL TRADE COMMISSION
16 CFR Part 4
Freedom of Information Act
AGENCY:
Federal Trade Commission
(FTC).
ACTION:
Proposed rule.
The Federal Trade
Commission proposes to amend its
Rules of Practice to update its fee
schedule for provision of services in
disseminating information and records
to the public to reflect changes in the
types of services that are provided,
changes in the costs of providing
services, and to add other fees for new
services.
DATES: Comments must be submitted on
or before March 29, 2013.
ADDRESSES: Interested parties may file a
comment online or on paper, by
following the instructions in the
Request for Comment part of the
SUPPLEMENTARY INFORMATION section
below. Write ‘‘Fee Schedule
Rulemaking, 16 CFR Part 4.8, Project
No. P122102’’ on your comment, and
file your comment online at https://
ftcpublic.commentworks.com/ftc/
feeschedule, by following the
instructions on the web-based form. If
you prefer to file your comment on
paper, mail or deliver your comment to
the following address: Federal Trade
Commission, Office of the Secretary,
Room H–113 (Annex T), 600
Pennsylvania Avenue NW., Washington,
DC 20580.
FOR FURTHER INFORMATION CONTACT: G.
Richard Gold, Attorney, Office of the
General Counsel, Federal Trade
Commission, 600 Pennsylvania Avenue
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13566-13570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04672]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2010-BT-STD-0043]
RIN 1904-AC36
Energy Conservation Program for High-Intensity Discharge Lamps:
Public Meeting and Availability of the Interim Technical Support
Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of interim technical
support document.
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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to discuss and receive comments on the interim analysis it has
conducted for purposes of establishing energy conservation standards
for high-intensity discharge (HID) lamps. The meeting will cover the
analytical framework, models, and tools that DOE is using to evaluate
standards for this equipment; the results of interim analyses performed
by DOE for this equipment; the potential energy conservation standard
levels derived from these analyses that DOE could consider for this
equipment; and any other issues relevant to the development of energy
conservation standards for HID lamps. In addition, DOE encourages
written comments on these subjects. To inform interested parties and
facilitate this process, DOE has prepared an agenda, an interim
technical support document (TSD), and briefing materials, which are
available on the DOE Web site at: https://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23.
DATES: DOE will hold a public meeting on April 2, 2013, from 9:00 a.m.
to 4:00 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 April 19, 2013. 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.
Interested parties may submit comments, identified by docket number
EERE-2010-BT-STD-0043 and/or Regulation Identifier Number (RIN) 1904-
AC36, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Email: HIDLamps-2010-STD-0043@ee.doe.gov. Include the
docket number EERE-2010-BT-STD-0043 and/or RIN 1904-AC36 in the subject
line of the message.
Postal Mail: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, Mailstop EE-2J, Interim Analysis
for High-Intensity Discharge Lamps, EERE-2010-BT-STD-0043 and/or RIN
1904-AC36, 1000 Independence Avenue SW., Washington, DC 20585-0121. If
possible, please submit all items on a compact disc (CD), in which case
it is not necessary to include printed copies. [Please note that
comments and CDs sent by mail are often delayed and may be damaged by
mail screening processes.]
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW.,
Suite 600, Washington, DC 20024. If possible, please submit all items
on a 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
[[Page 13567]]
attendee lists and transcripts, comments, and other supporting
documents and materials. All documents in the docket are listed in the
https://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 rulemaking web page can be found at: https://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23. This web page contains a link to the docket for this notice
on the regulations.gov site. The regulations.gov web page contains
instructions on how to access all documents, including public comments,
in the docket.
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: Ms. Lucy deButts, 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) 287-1604. Email: high_intensity_discharge_lamps@ee.doe.gov. Or visit DOE's HID lamps web page at
https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/60 for information about any existing standards
and test procedures, and the history and impacts of previous DOE
regulatory actions, for this category of equipment.
In the Office of the General Counsel, contact Ms. Elizabeth Kohl,
U.S. Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-7796. Email: elizabeth.kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. History of Energy Conservation Standards Rulemakings for High-
Intensity Discharge Lamps
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses
A. Engineering Analysis
B. Markups To Determine Prices
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 of the Energy Policy and Conservation Act of 1975
(EPCA; 42 U.S.C. 6291-6317), as amended, established the Energy
Conservation Program for Consumer Products other than Automobiles.
Title III, Part C established the Energy Conservation Program for
Certain Industrial Equipment, which includes the high-intensity
discharge (HID) lamps addressed in this interim analysis.\1\ While HID
lamps are defined under Part B, the requirement for DOE to set
standards for HID lamps is set forth in Part C. As a result, DOE has
determined that the provisions of Part C apply to HID lamps.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Parts B and C were re-designated Parts A and A-1, respectively.
---------------------------------------------------------------------------
EPCA requires the U.S. Department of Energy (DOE) to prescribe
testing requirements for those HID lamps for which DOE makes a
determination that energy conservation standards would be
technologically feasible and economically justified, and would result
in significant energy savings. (42 U.S.C. 6317(a)(1)). EPCA further
requires DOE, within 18 months of prescribing any testing requirements
for HID lamps, to prescribe energy conservation standards for those
lamps. (42 U.S.C. 6317(a)(2)). Any standards would apply to lamps
manufactured 36 months after the date the standards rule is published.
(42 U.S.C. 6317(a)(3)).
Energy conservation standards adopted by DOE must: (1) achieve the
maximum improvement in energy efficiency that is technologically
feasible and economically justified; and (2) result in significant
conservation of energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)(B)). To
determine whether a proposed standard is economically justified, DOE
will, after receiving comments on the proposed standard, determine
whether the benefits of the standard exceed its burdens by, to the
greatest extent practicable, considering 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 imposition of the standard;
3. The total projected amount of energy savings likely to result
directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the
covered products likely to result from the imposition of 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
imposition of 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))
Additional statutory requirements of general applicability for
prescribing new or amended standards are set forth in 42 U.S.C.
6295(o)(1)-(5), 42 U.S.C. 6316(a), and other relevant sections of EPCA.
Before proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that DOE will use to
evaluate standards for HID lamps and the results of interim analyses.
Today's document announces the availability of the interim TSD, which
details the interim analyses, discusses the comments DOE received from
interested parties on the Framework Document, and summarizes the
interim 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 interim results.
II. History of Energy Conservation Standards Rulemakings for High-
Intensity Discharge Lamps
A. Background
As mentioned in the previous section, EPCA requires DOE to
prescribe testing requirements for those HID lamps for which DOE makes
a determination that energy conservation standards would be
technologically feasible and economically justified, and would result
in significant energy savings. (42 U.S.C. 6317(a)(1)). Further, within
18 months of prescribing any test procedures, EPCA requires DOE to
prescribe energy conservation standards for those lamps; standards
would apply to lamps manufactured 36 months after the date the
standards rule is published. (42 U.S.C. 6317(a)(2)-(3)).
DOE published a positive final determination\2\ (hereafter the
``final determination'') that standards for certain HID lamps are
technologically
[[Page 13568]]
feasible, economically justified, and would result in a significant
energy savings. 75 FR 37975 (July 1, 2010). As a result of this
determination, DOE is currently conducting a test procedure rulemaking
for the specified lamps,\3\ as well as conducting this standards
rulemaking. On February 28, 2012, DOE published a notice announcing the
availability of the framework document, ``Framework Document for High-
Intensity Discharge Lamps,'' and a public meeting to discuss the
proposed analytical framework for the rulemaking. 77 FR 11785. DOE also
posted the framework document on its Web site, in which DOE described
the procedural and analytical approaches DOE anticipated using to
evaluate the establishment of energy conservation standards for HID
lamps.
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\2\ The final determination is available at: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/60.
\3\ DOE published a proposed test procedure NOPR on December 15,
2011 (76 FR 77914).
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DOE held the public meeting for the framework document on March 29,
2012,\4\ to describe the various rulemaking analyses DOE would conduct,
such as the engineering analysis, the life-cycle cost (LCC) and payback
period (PBP) analyses, and the national impact analysis (NIA); the
methods for conducting them; and the relationship among the various
analyses. Manufacturers, trade associations, and energy efficiency
advocates attended the meeting. The participants discussed multiple
issues, including the scope of coverage; the appropriateness of lumen
output as an equipment class-setting factor; the metrics of initial and
mean lamp efficacy; the technological shift from HID lamps to light-
emitting diode (LED) lighting; the necessity of changing ballasts and
fixtures when moving to more efficacious HID lamps; the potential for
increased testing burden.
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\4\ The framework document and public meeting information can be
accessed at:
https://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23.
---------------------------------------------------------------------------
B. Current Rulemaking Process
In this interim analysis, DOE considers whether and at what
level(s) to promulgate energy conservation standards for certain HID
lamps. Comments received since the publication of the framework
document have helped DOE identify and resolve issues involved in the
interim analyses. The process for developing energy conservation
standards involves input from the public. DOE considers the
participation of interested parties to be a very important part of the
rulemaking process. Accordingly, DOE encourages the participation of
all interested parties during the comment period provided at each stage
of the rulemaking.
In conducting energy conservation standards rulemakings, DOE
involves interested parties through various means. This standards
rulemaking process for HID lamps involves four public notices,
published in the Federal Register, and three public meetings (including
the public notice and meeting associated with the framework document
previously mentioned).
The interim analysis allows for public comment on the data, models,
and tools that DOE expects to use in the rulemaking. These data, as
discussed in section III, include equipment classes and candidate
standard levels (CSLs), which span the range of efficacies from
baseline equipment \5\ to the most efficacious technology. DOE requests
comment and will hold a public meeting and webinar related to the
interim analyses on the day specified in the DATES section. After the
interim analysis public meeting, DOE will publish a notice of proposed
rulemaking (NOPR) presenting a discussion of comments received in
response to the framework document and interim analyses, along with
DOE's analysis of the effects of potential standards on customers,
manufacturers, and the nation; DOE's weighting of these effects; and
the proposed standard levels for public comment.
---------------------------------------------------------------------------
\5\ DOE selected baseline lamps as representative equipment.
Generally, a baseline lamp is one that represents the most common,
least efficacious lamp sold within an equipment class. DOE selected
multiple baseline lamps to ensure consideration of different high-
volume lamps and their associated customer economics (e.g.,
customers of mercury vapor lamp-and-ballast systems incur different
costs than customers of metal halide lamp-and-ballast systems).
---------------------------------------------------------------------------
III. Summary of the Analyses
DOE conducted in-depth technical analyses in the following areas
for the HID lamps currently under consideration: (1) Engineering, (2)
markups to determine equipment price; (3) energy use; (4) life-cycle
cost and payback period; and (5) national impact. The interim TSD
presents the methodology and results of each of these analyses is
available at https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/60.
DOE also conducted, and has included in the interim TSD, several
other analyses that support the major analyses or are interim analyses
that will be expanded upon for a NOPR if DOE determines that new energy
conservation standards are technologically feasible, economically
justified, and would save a significant amount of energy, based on the
information presented to the Department. 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 consumer 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 any NOPR.
A. Engineering Analysis
In energy conservation standard rulemakings for other equipment,
DOE often develops cost-efficiency relationships in the engineering
analysis. However, for this HID lamp rulemaking, DOE derives efficiency
levels in the engineering analysis and lamp end-user prices in the
equipment price determination. DOE also develops ballast and fixture
manufacturer selling prices (MSPs) in the equipment price
determination, because a change of ballast and fixture is often
required when transitioning to a more efficacious, reduced-wattage
lamp. The engineering analysis focuses on selecting commercially
available lamps that incorporate design options that improve efficacy.
The engineering analysis identifies both the highest efficacy that is
technologically feasible within each equipment class and the
representative baseline models, which serve as reference points against
which DOE can measure changes resulting from potential energy
conservation standards. After identifying more efficacious substitutes
for each baseline model, DOE developed CSLs. Chapter 2 and 5 of the
interim TSD discuss the engineering analysis, and chapter 2 and 6 and
appendix 6A of the interim TSD discuss the equipment price
determination.
B. Markups To Determine Prices
Because DOE estimated HID lamp end-user prices directly, markups
were not needed to relate MSPs to end-user prices for lamps. In its
markup analysis, DOE evaluates distribution channels for HID lamps to
help develop end-user equipment prices for ballasts and fixtures for
the LCC analysis and NIA. Chapters 2 and 7 of the interim TSD provide
detail on the estimation of markups.
[[Page 13569]]
C. Energy Use Analysis
The energy use analysis provides estimates of the annual energy
consumption of HID lamps. The energy use analysis seeks to estimate the
range of energy consumption of the equipment that meet each of the
efficiency levels considered in a given rulemaking as they are used in
the field. DOE uses these values in the LCC and PBP analyses and in the
NIA. Chapters 2 and 8 of the interim TSD provide detail on the energy
use analysis.
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
purchasing, installing, operating, and maintaining considered equipment
over the course of its lifetime. The LCC analysis compares the LCCs of
equipment designed to meet possible energy conservation standards with
the LCC of the equipment 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,
distribution chain markups, sales taxes, and installation cost); (2)
the operating cost of the equipment (energy cost, water and wastewater
cost in some cases, and maintenance and repair cost); (3) equipment
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-efficacy, reduced-wattage
equipment through savings in the operating cost of the equipment. PBP
is calculated by dividing the incremental increase in installed cost of
the higher efficiency product, compared to the baseline equipment, by
the annual savings in operating costs. Chapters 2 and 9 of the interim
TSD provide detail on the LCC and PBP analysis.
E. National Impact Analysis
The NIA estimates the national energy savings (NES) and the net
present value (NPV) of total customer costs and savings expected to
result from new standards at specific efficiency levels (referred to as
candidate standard levels). DOE calculates NES and NPV for each
candidate standard level for HID lamps as the difference between a
base-case projection (without new standards) and the standards-case
projection (with standards). Cumulative energy savings are the sum of
the annual NES determined for the lifetime of the equipment shipped
from 2017 to 2046. The 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. To
calculate energy use, equipment stock in a given year is multiplied by
annual energy use. DOE calculates the national NPV of the customer
savings resulting from energy conservation standards in conjunction
with the NES. It calculates annual energy expenditures from annual
energy use by incorporating projected energy prices and installed stock
in each year. DOE calculates annual equipment expenditures by
multiplying the projected shipments by the projected price per lamp,
adjusted by AEO2011 price trend projections. The difference between a
base-case and a standards-case scenario gives the national energy bill
savings and increased equipment expenditure in dollars. Chapters 2 and
11 of the interim TSD provide more detail on the NIA.
IV. Public Participation
DOE invites input from the public on all the topics described
above. The interim 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 any NOPR. A final rule
establishing any new energy conservation standards would contain the
final analytical results and will be accompanied by a final rule TSD.
DOE encourages those who wish to participate in the public meeting
to obtain the interim TSD from DOE's Web site and to be prepared to
discuss its contents. A copy of the interim TSD is available at: https://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23. However, public meeting participants need not limit their
comments to the topics identified in the interim TSD; DOE is also
interested in receiving views concerning other relevant issues that
participants believe would affect energy conservation standards for
this product 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
April 19, 2013 comments, data, and information on matters addressed in
the interim TSD and on other matters relevant to consideration of
energy conservation standards for HID lamps.
The public meeting and associated webinar 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, 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. Afterwards, DOE will publish either a
determination that the standards for HID lamps need not be amended or a
NOPR proposing to amend those standards. Any NOPR would include
proposed energy conservation standards for the equipment 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 notice. 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.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23. 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 4:00 p.m. March 19,
2013. DOE must receive a signed original and an electronic copy of
statements to be given at the public meeting before 4:00 p.m. March 26,
2013.
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
[[Page 13570]]
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 notice between 9:00 a.m.
and 4:00 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 notice. 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-0043 and/or
RIN 1904-AC36 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 notice of
public meeting.
Issued in Washington, DC, on February 20, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-04672 Filed 2-27-13; 8:45 am]
BILLING CODE 6450-01-P