Notice of Intent To Form the Commercial HVAC, WH, and Refrigeration Certification Working Group and Solicit Nominations To Negotiate Commercial Certification Requirements for Commercial HVAC, WH, and Refrigeration Equipment, 15653-15655 [2013-05615]
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules
produced in another country shall retain
their origin, as declared to U.S. Customs
and Border Protection at the time the
product entered the United States,
through retail sale.
(2) Muscle cut covered commodities
derived from an animal that was
slaughtered in another country shall
retain their origin, as declared to U.S.
Customs and Border Protection at the
time the product entered the United
States, through retail sale (e.g., ‘‘Product
of Country X’’), including muscle cut
covered commodities derived from an
animal that was born and/or raised in
the United States and slaughtered in
another country. In addition, the origin
declaration may include more specific
location information related to
production steps (i.e., born, raised, and
slaughtered) provided records to
substantiate the claims are maintained
and the claim is consistent with other
applicable Federal legal requirements.
Dated: March 7, 2013.
Robert Epstein,
Acting Administrator.
I. Authority
II. Background
III. Proposed Negotiating Procedures
IV. Nominations Requested
V. Approval of the Office of the Secretary
[FR Doc. 2013–05576 Filed 3–11–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 429
Notice of Intent To Form the
Commercial HVAC, WH, and
Refrigeration Certification Working
Group and Solicit Nominations To
Negotiate Commercial Certification
Requirements for Commercial HVAC,
WH, and Refrigeration Equipment
Office of Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
ACTION: Notice of intent.
AGENCY:
The U.S. Department of
Energy (DOE or the Department) is
giving notice that the Appliance
Standards and Rulemaking Federal
Advisory Committee (ASRAC) intends
to establish a working group in
accordance with the Federal Advisory
Committee Act (FACA) and the
Negotiated Rulemaking Act (NRA) to
negotiate certification requirements of
commercial heating, ventilation, and
air-conditioning (HVAC), water heating
(WH), and refrigeration equipment. The
purpose of the working group will be to
discuss and, if possible, reach
consensus on proposed certification
requirements for commercial HVAC,
WH, and refrigeration equipment, as
authorized by the Energy Policy and
Conservation Act of 1975, as amended.
The working group members will be
pmangrum on DSK3VPTVN1PROD with PROPOSALS
SUMMARY:
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14:46 Mar 11, 2013
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representatives of parties having a
defined stake in the outcome of the
proposed certification requirements,
and will consult with a range of experts
on technical issues.
DATES: Nominations of membership
must be received on or before March 26,
2013. DOE will not consider any
nominations received via mail or after
midnight on March 26, 2013 to be valid.
ADDRESSES: The nominee’s name,
resume, biography, and any letters of
support must be submitted in electronic
format via email to asrac@ee.doe.gov.
Any requests for further information
should also be sent via email to
asrac@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: John
Cymbalsky, ASRAC Designated Federal
Officer, U.S. Department of Energy
(DOE), Office of Energy Efficiency and
Renewable Energy, 950 L’Enfant Plaza,
SW., Washington, DC 20024. Email:
asrac@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Authority
Title III of the Energy Policy and
Conservation Act of 1975, as amended
(‘‘EPCA’’ or ‘‘the Act’’) sets forth a
variety of provisions designed to
improve energy efficiency. Part A of
Title III (42 U.S.C. 6291–6309) provides
for the Energy Conservation Program for
Consumer Products Other Than
Automobiles. The National Energy
Conservation Policy Act (NECPA),
Public Law 95–619, amended EPCA to
add Part A–1 of Title III, which
established an energy conservation
program for certain industrial
equipment. (42 U.S.C. 6311–6317)
Sections 6299–6305, and 6316 of EPCA
authorize DOE to enforce compliance
with the energy and water conservation
standards (all non-product specific
references herein referring to energy use
and consumption include water use and
consumption; all references to energy
efficiency include water efficiency)
established for certain consumer
products and commercial equipment.
(42 U.S.C. 6299–6305 (consumer
products), 6316 (commercial
equipment)) DOE has promulgated
enforcement regulations that include
specific certification and compliance
requirements. See 10 CFR part 429; 10
CFR part 431, subparts B, U, and V.
This notice announces DOE’s and the
ASRAC’s intent to negotiate certification
requirements of commercial heating,
ventilation, and air-conditioning
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15653
(HVAC), water heating (WH), and
refrigeration equipment under the
authority of sections 563 and 564 of the
NRA (5 U.S.C. 561–570, Pub. L. 104–
320).
II. Background
On March 7, 2011, DOE published a
final rule in the Federal Register that,
among other things, modified the
requirements regarding manufacturer
submission of compliance statements
and certification reports to DOE (March
2011 Final Rule). 76 FR 12421. This
rule, among other things, imposed new
or revised reporting requirements for
some types of covered products and
equipment, including a requirement that
manufacturers submit annual reports to
the Department certifying compliance of
their basic models with applicable
standards. In issuing the rule, the
Department emphasized that
manufacturers could use their discretion
in grouping individual models as a
‘‘basic model’’ such that the certified
rating for the basic model matched the
represented rating for all included
models. See 76 FR 12428–12429 for
more information.
In response to the initial deadline for
certifying compliance imposed on
commercial HVAC, WH, and
refrigeration equipment manufacturers
by the March 2011 Final Rule, certain
manufacturers of particular types of
commercial and industrial equipment
stated that, for a variety of reasons, they
would be unable to meet that deadline.
DOE initially extended the deadline for
certifications for commercial HVAC,
WH, and refrigeration equipment in a
final rule published June 30, 2011 (June
30 Final Rule). 76 FR 38287 (June 30,
2011). DOE subsequently extended the
compliance date for certification an
additional 12 months to December 31,
2013, for these types of equipment
(December 2012 final rule) to allow,
among other things, the Department to
explore the negotiated rulemaking
process for this equipment. 77 FR
72763.
In the summer of 2012, DOE had an
independent convenor evaluate the
likelihood of success, analyzing the
feasibility of developing certification
requirements for commercial HVAC,
WH, and refrigeration equipment (not
including walk-in coolers and freezers)
through consensus-based negotiations
among affected parties. October 2012,
the convenor issued his report based on
a confidential interview process
involving forty (40) parties. from a wide
range of commercial HVAC, WH, and
CRE interests. Ultimately, the convener
recommended that with the proper
scope of issues on the table surrounding
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules
commercial HVAC, WH, and CRE
certification, a negotiated rulemaking
appears to have a good likelihood of
achieving consensus based on the
factors set forth in the Negotiated
Rulemaking Act because the
interviewed parties believe the
negotiated rulemaking is superior to
notice and comment rulemaking for the
certification-related issues. Additional
details of the report can be found at
https://www1.eere.energy.gov/buildings/
appliance_standards/pdfs/
convening_report_hvac_cre_1.pdf.
III. Proposed Negotiating Procedures
A. Key Issues for Negotiation
DOE has identified the following
substantive issues that will underlie the
work of the Commercial HVAC, WH,
and Refrigeration Certification Working
Group:
• Strategies for grouping models for
purposes of certification;
• Identification of non-efficiency
attributes, which do not impact the
measured consumption of the
equipment as tested by DOE’s test
procedure;
• The information that is certified to
the Department;
• The timing of when the certification
should be made relative to distribution
in commerce; and
• Alterations to a basic model that
would impact the certification.
The formed working group will
examine the underlying issues outlined
above, and possibly others not yet
articulated as determined through the
negotiated rulemaking process. As voted
on by ASRAC, the working group will
be required to provide a progress report
to ASRAC on its efforts by Wednesday,
June 26, 2013, and report back to the
Committee with final recommendations
by Friday, August 30, 2013.
pmangrum on DSK3VPTVN1PROD with PROPOSALS
B. Formation of Working Group
A working group will be formed and
operated in full compliance with the
requirements of FACA and in a manner
consistent with the requirements of the
NRA. In accordance with NRA, DOE has
determined that the working group not
exceed 25 members. DOE is aware that
there are many more potential
participants than there are membership
slots on the working group. The
Department does not believe, nor does
the NRA contemplate, that each
potentially affected group must
participate directly in the negotiations;
nevertheless, each affected interest can
be adequately represented. To have a
successful negotiation, it is important
for interested parties to identify and
form coalitions that adequately
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14:46 Mar 11, 2013
Jkt 229001
represent significantly affected interests.
To provide adequate representation,
those coalitions must agree to support,
both financially and technically, a
member of the working group whom
they choose to represent their interests.
FACA also requires that members of the
public have the opportunity to attend
meetings of the full committee and
speak or otherwise address the
committee during the public comment
period. In addition, any member of the
public is permitted to file a written
statement with the advisory committee.
DOE plans to follow these same
procedures in conducting meetings of
the working group.
C. Interests Involved/Working Group
Membership
DOE anticipates that the working
group will comprise no more than 25
members who represent affected and
interested stakeholder groups, two of
whom will be members of ASRAC—
John Mandyck and Kent Peterson.
Additionally, in accordance with NRA,
one seat on the working group will be
reserved for a DOE representative to
represent the views of the Department.
As required by FACA, the Department
will conduct the negotiated rulemaking
with particular attention to ensuring full
and balanced representation of those
interests that may be significantly
affected by certification requirements of
commercial HVAC, WH, and
refrigeration equipment.
Members may be individuals or
organizations. If the effort is to be
fruitful, participants on the working
group should be able to fully and
adequately represent the viewpoints of
their respective interests. This
document gives notice of DOE’s process
to other potential participants and
affords them the opportunity to request
representation in the negotiations.
Those who wish to be appointed as
members of the working group,
including those that have been
tentatively identified by DOE in this
notice of intent, should submit a request
to DOE, in accordance with the public
participation procedures outlined in the
DATES and ADDRESSES sections of this
notice of intent. Membership of the
working group is likely to involve:
• Attendance of multiple, one (1) to
two (2) day meetings;
• Travel costs to those meetings; and
• Preparation time for those meetings.
Members serving on the working
group will not receive compensation for
their services. Interested parties who are
not selected for membership on the
working group may make valuable
contributions to this negotiated
rulemaking effort in any of several ways:
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Fmt 4702
Sfmt 4702
• The person may request to be
placed on the working group mailing
list and submit written comments as
appropriate.
• The person may attend working
group meetings, which are open to the
public; caucus with his or her interest’s
member on the working group; or even
address the working group during the
public comment portion of the working
group meeting.
• The person could assist the efforts
of a task force that the working group
might establish.
A working group may establish
informal task forces, which usually are
asked to facilitate committee
deliberations by assisting with various
technical matters (e.g., researching or
preparing summaries of the technical
literature or comments on specific
matters such as economic issues). Task
forces also might assist in estimating
costs or drafting regulatory text on
issues associated with the analysis of
the costs and benefits addressed, or
formulating drafts of the various
provisions and their justifications as
previously developed by the working
group. Given their support function,
task forces usually consist of
participants who have expertise or
particular interest in the technical
matter(s) being studied. Because it
recognizes the importance of this
support work for the working group,
DOE will provide appropriate technical
expertise for such task forces.
D. Good Faith Negotiation
Every working group member must be
willing to negotiate in good faith and
have the authority, granted by his or her
constituency, to do so. The first step is
to ensure that each member has good
communications with his or her
constituencies. An intra-interest
network of communication should be
established to bring information from
the support organization to the member
at the table, and to take information
from the table back to the support
organization. Second, each organization
or coalition therefore should designate
as its representative a person having the
credibility and authority to ensure that
needed information is provided and
decisions are made in a timely fashion.
Negotiated rulemaking can require the
appointed members to give a significant
amount of time, which must be
sustained for as long as the duration of
the negotiated rulemaking. Other
qualities of members that can be helpful
are negotiating experience and skills,
and sufficient technical knowledge to
participate in substantive negotiations.
Certain concepts are central to
negotiating in good faith. One is the
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Federal Register / Vol. 78, No. 48 / Tuesday, March 12, 2013 / Proposed Rules
willingness to bring all issues to the
bargaining table in an attempt to reach
a consensus, as opposed to keeping key
issues in reserve. The second is a
willingness to keep the issues at the
table and not take them to other forums.
Finally, good faith includes a
willingness to move away from some of
the positions often taken in a more
traditional rulemaking process, and
instead explore openly with other
parties all ideas that may emerge from
the working group’s discussions.
E. Facilitator
The facilitator will act as a neutral in
the substantive development of the
proposed standard. The facilitator’s role
generally includes:
• Impartially assisting the members of
the working group in conducting
discussions and negotiations; and
• Impartially assisting in performing
the duties of the Designated Federal
Official under FACA.
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F. Department Representative
The DOE representative will be a full
and active participant in the consensusbuilding negotiations. The Department’s
representative will meet regularly with
senior Department officials, briefing
them on the negotiations and receiving
their suggestions and advice so that he
or she can effectively represent the
Department’s views regarding the issues
before the working group. DOE’s
representative also will ensure that the
entire spectrum of governmental
interests affected by the rulemaking,
including the Office of Management and
Budget, the Attorney General, and other
Departmental offices, are kept informed
of the negotiations and encouraged to
make their concerns known in a timely
fashion.
G. Working Group and Schedule
After evaluating the comments
submitted in response to this notice of
intent and the requests for nominations,
DOE will inform the members of the
working group that they have been
selected. DOE and ASRAC plan for the
working group to have its first meeting
in April 2013 and have determined a
need for an update from the working
group on negotiation efforts by
Wednesday, June 26, 2013, and final
recommendations to ASRAC by Friday,
August 30, 2013.
At the initial working group meeting,
DOE and ASRAC representatives on the
working group will advise working
group members of administrative
matters related to the functions of the
working group, lay out the working
group’s scope, and confirm deadlines.
Given the outlined scope and
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14:46 Mar 11, 2013
Jkt 229001
established deadlines, the working
group will develop a work plan to
accomplish the proposed objectives.
While the negotiated rulemaking
process is underway, DOE is committed
to performing much of the same analysis
as it would during a normal process and
to providing information and technical
support to the working group.
IV. Nominations Requested
DOE requests nominations of which
parties should be included in a
negotiation efforts of certification
requirements of commercial HVAC,
WH, and refrigeration equipment and
suggestions of additional interests and/
or stakeholders that should be
represented on the working group.
Please include the nominee’s name,
contact information, resume, biography,
and any letters of support. Nominations
must be submitted in electronic format
via email to asrac@ee.doe.gov.
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s notice of
proposed rulemaking.
Issued in Washington, DC, on March 5,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy.
[FR Doc. 2013–05615 Filed 3–11–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2012–0594; Directorate
Identifier 2012–NM–019–AD]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Supplemental notice of
proposed rulemaking (NPRM);
reopening of comment period.
AGENCY:
We are revising an earlier
proposed airworthiness directive (AD)
for certain Bombardier, Inc. Model
DHC–8–400, –401, and –402 airplanes.
That NPRM proposed to require an
inspection to determine if certain
rudder feel trim units (RFTUs) are
installed, an operational check for signs
of seizure of affected parts, repetitive
lubrication for certain RFTUs, and
replacement of the RFTU if necessary.
SUMMARY:
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Fmt 4702
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15655
Installing replaced RFTUs with
conformal bushings would terminate the
repetitive lubrication requirements.
That NPRM was prompted by reports of
movement of the rudder pedals being
impeded due to corrosion of the
trunnion shaft of the RFTU. This action
revises that NPRM by reducing
compliance times, increasing
compliance costs, expanding affected
parts to include additional serial
numbers and include those parts with a
suffix ‘A,’ and adding the condition of
rough movement to the operational
check. We are proposing this AD to
detect and correct any sign of rough
movement or seizure of the trunnion
shaft and its bushing, which could
cause a rudder control jam or a large
and rapid alternating rudder input
leading to a structural failure of the
vertical fin. Since these actions impose
an additional burden over that proposed
in the NPRM, we are reopening the
comment period to allow the public the
chance to comment on these proposed
changes.
DATES: We must receive comments on
this proposed AD by April 26, 2013.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Bombardier,
Inc., Q-Series Technical Help Desk, 123
Garratt Boulevard, Toronto, Ontario
M3K 1Y5, Canada; telephone 416–375–
4000; fax 416–375–4539; email
thd.qseries@aero.bombardier.com;
Internet https://www.bombardier.com.
You may review copies of the
referenced service information at the
FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA.
For information on the availability of
this material at the FAA, call 425–227–
1221.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
E:\FR\FM\12MRP1.SGM
12MRP1
]]>Agencies
[Federal Register Volume 78, Number 48 (Tuesday, March 12, 2013)]
[Proposed Rules]
[Pages 15653-15655]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-05615]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 429
Notice of Intent To Form the Commercial HVAC, WH, and
Refrigeration Certification Working Group and Solicit Nominations To
Negotiate Commercial Certification Requirements for Commercial HVAC,
WH, and Refrigeration Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or the Department) is
giving notice that the Appliance Standards and Rulemaking Federal
Advisory Committee (ASRAC) intends to establish a working group in
accordance with the Federal Advisory Committee Act (FACA) and the
Negotiated Rulemaking Act (NRA) to negotiate certification requirements
of commercial heating, ventilation, and air-conditioning (HVAC), water
heating (WH), and refrigeration equipment. The purpose of the working
group will be to discuss and, if possible, reach consensus on proposed
certification requirements for commercial HVAC, WH, and refrigeration
equipment, as authorized by the Energy Policy and Conservation Act of
1975, as amended. The working group members will be representatives of
parties having a defined stake in the outcome of the proposed
certification requirements, and will consult with a range of experts on
technical issues.
DATES: Nominations of membership must be received on or before March
26, 2013. DOE will not consider any nominations received via mail or
after midnight on March 26, 2013 to be valid.
ADDRESSES: The nominee's name, resume, biography, and any letters of
support must be submitted in electronic format via email to
asrac@ee.doe.gov. Any requests for further information should also be
sent via email to asrac@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: John Cymbalsky, ASRAC Designated
Federal Officer, U.S. Department of Energy (DOE), Office of Energy
Efficiency and Renewable Energy, 950 L'Enfant Plaza, SW., Washington,
DC 20024. Email: asrac@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Authority
II. Background
III. Proposed Negotiating Procedures
IV. Nominations Requested
V. Approval of the Office of the Secretary
I. Authority
Title III of the Energy Policy and Conservation Act of 1975, as
amended (``EPCA'' or ``the Act'') sets forth a variety of provisions
designed to improve energy efficiency. Part A of Title III (42 U.S.C.
6291-6309) provides for the Energy Conservation Program for Consumer
Products Other Than Automobiles. The National Energy Conservation
Policy Act (NECPA), Public Law 95-619, amended EPCA to add Part A-1 of
Title III, which established an energy conservation program for certain
industrial equipment. (42 U.S.C. 6311-6317) Sections 6299-6305, and
6316 of EPCA authorize DOE to enforce compliance with the energy and
water conservation standards (all non-product specific references
herein referring to energy use and consumption include water use and
consumption; all references to energy efficiency include water
efficiency) established for certain consumer products and commercial
equipment. (42 U.S.C. 6299-6305 (consumer products), 6316 (commercial
equipment)) DOE has promulgated enforcement regulations that include
specific certification and compliance requirements. See 10 CFR part
429; 10 CFR part 431, subparts B, U, and V.
This notice announces DOE's and the ASRAC's intent to negotiate
certification requirements of commercial heating, ventilation, and air-
conditioning (HVAC), water heating (WH), and refrigeration equipment
under the authority of sections 563 and 564 of the NRA (5 U.S.C. 561-
570, Pub. L. 104-320).
II. Background
On March 7, 2011, DOE published a final rule in the Federal
Register that, among other things, modified the requirements regarding
manufacturer submission of compliance statements and certification
reports to DOE (March 2011 Final Rule). 76 FR 12421. This rule, among
other things, imposed new or revised reporting requirements for some
types of covered products and equipment, including a requirement that
manufacturers submit annual reports to the Department certifying
compliance of their basic models with applicable standards. In issuing
the rule, the Department emphasized that manufacturers could use their
discretion in grouping individual models as a ``basic model'' such that
the certified rating for the basic model matched the represented rating
for all included models. See 76 FR 12428-12429 for more information.
In response to the initial deadline for certifying compliance
imposed on commercial HVAC, WH, and refrigeration equipment
manufacturers by the March 2011 Final Rule, certain manufacturers of
particular types of commercial and industrial equipment stated that,
for a variety of reasons, they would be unable to meet that deadline.
DOE initially extended the deadline for certifications for commercial
HVAC, WH, and refrigeration equipment in a final rule published June
30, 2011 (June 30 Final Rule). 76 FR 38287 (June 30, 2011). DOE
subsequently extended the compliance date for certification an
additional 12 months to December 31, 2013, for these types of equipment
(December 2012 final rule) to allow, among other things, the Department
to explore the negotiated rulemaking process for this equipment. 77 FR
72763.
In the summer of 2012, DOE had an independent convenor evaluate the
likelihood of success, analyzing the feasibility of developing
certification requirements for commercial HVAC, WH, and refrigeration
equipment (not including walk-in coolers and freezers) through
consensus-based negotiations among affected parties. October 2012, the
convenor issued his report based on a confidential interview process
involving forty (40) parties. from a wide range of commercial HVAC, WH,
and CRE interests. Ultimately, the convener recommended that with the
proper scope of issues on the table surrounding
[[Page 15654]]
commercial HVAC, WH, and CRE certification, a negotiated rulemaking
appears to have a good likelihood of achieving consensus based on the
factors set forth in the Negotiated Rulemaking Act because the
interviewed parties believe the negotiated rulemaking is superior to
notice and comment rulemaking for the certification-related issues.
Additional details of the report can be found at https://www1.eere.energy.gov/buildings/appliance_standards/pdfs/convening_report_hvac_cre_1.pdf.
III. Proposed Negotiating Procedures
A. Key Issues for Negotiation
DOE has identified the following substantive issues that will
underlie the work of the Commercial HVAC, WH, and Refrigeration
Certification Working Group:
Strategies for grouping models for purposes of
certification;
Identification of non-efficiency attributes, which do not
impact the measured consumption of the equipment as tested by DOE's
test procedure;
The information that is certified to the Department;
The timing of when the certification should be made
relative to distribution in commerce; and
Alterations to a basic model that would impact the
certification.
The formed working group will examine the underlying issues
outlined above, and possibly others not yet articulated as determined
through the negotiated rulemaking process. As voted on by ASRAC, the
working group will be required to provide a progress report to ASRAC on
its efforts by Wednesday, June 26, 2013, and report back to the
Committee with final recommendations by Friday, August 30, 2013.
B. Formation of Working Group
A working group will be formed and operated in full compliance with
the requirements of FACA and in a manner consistent with the
requirements of the NRA. In accordance with NRA, DOE has determined
that the working group not exceed 25 members. DOE is aware that there
are many more potential participants than there are membership slots on
the working group. The Department does not believe, nor does the NRA
contemplate, that each potentially affected group must participate
directly in the negotiations; nevertheless, each affected interest can
be adequately represented. To have a successful negotiation, it is
important for interested parties to identify and form coalitions that
adequately represent significantly affected interests. To provide
adequate representation, those coalitions must agree to support, both
financially and technically, a member of the working group whom they
choose to represent their interests. FACA also requires that members of
the public have the opportunity to attend meetings of the full
committee and speak or otherwise address the committee during the
public comment period. In addition, any member of the public is
permitted to file a written statement with the advisory committee. DOE
plans to follow these same procedures in conducting meetings of the
working group.
C. Interests Involved/Working Group Membership
DOE anticipates that the working group will comprise no more than
25 members who represent affected and interested stakeholder groups,
two of whom will be members of ASRAC--John Mandyck and Kent Peterson.
Additionally, in accordance with NRA, one seat on the working group
will be reserved for a DOE representative to represent the views of the
Department. As required by FACA, the Department will conduct the
negotiated rulemaking with particular attention to ensuring full and
balanced representation of those interests that may be significantly
affected by certification requirements of commercial HVAC, WH, and
refrigeration equipment.
Members may be individuals or organizations. If the effort is to be
fruitful, participants on the working group should be able to fully and
adequately represent the viewpoints of their respective interests. This
document gives notice of DOE's process to other potential participants
and affords them the opportunity to request representation in the
negotiations. Those who wish to be appointed as members of the working
group, including those that have been tentatively identified by DOE in
this notice of intent, should submit a request to DOE, in accordance
with the public participation procedures outlined in the DATES and
ADDRESSES sections of this notice of intent. Membership of the working
group is likely to involve:
Attendance of multiple, one (1) to two (2) day meetings;
Travel costs to those meetings; and
Preparation time for those meetings.
Members serving on the working group will not receive compensation
for their services. Interested parties who are not selected for
membership on the working group may make valuable contributions to this
negotiated rulemaking effort in any of several ways:
The person may request to be placed on the working group
mailing list and submit written comments as appropriate.
The person may attend working group meetings, which are
open to the public; caucus with his or her interest's member on the
working group; or even address the working group during the public
comment portion of the working group meeting.
The person could assist the efforts of a task force that
the working group might establish.
A working group may establish informal task forces, which usually
are asked to facilitate committee deliberations by assisting with
various technical matters (e.g., researching or preparing summaries of
the technical literature or comments on specific matters such as
economic issues). Task forces also might assist in estimating costs or
drafting regulatory text on issues associated with the analysis of the
costs and benefits addressed, or formulating drafts of the various
provisions and their justifications as previously developed by the
working group. Given their support function, task forces usually
consist of participants who have expertise or particular interest in
the technical matter(s) being studied. Because it recognizes the
importance of this support work for the working group, DOE will provide
appropriate technical expertise for such task forces.
D. Good Faith Negotiation
Every working group member must be willing to negotiate in good
faith and have the authority, granted by his or her constituency, to do
so. The first step is to ensure that each member has good
communications with his or her constituencies. An intra-interest
network of communication should be established to bring information
from the support organization to the member at the table, and to take
information from the table back to the support organization. Second,
each organization or coalition therefore should designate as its
representative a person having the credibility and authority to ensure
that needed information is provided and decisions are made in a timely
fashion. Negotiated rulemaking can require the appointed members to
give a significant amount of time, which must be sustained for as long
as the duration of the negotiated rulemaking. Other qualities of
members that can be helpful are negotiating experience and skills, and
sufficient technical knowledge to participate in substantive
negotiations.
Certain concepts are central to negotiating in good faith. One is
the
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willingness to bring all issues to the bargaining table in an attempt
to reach a consensus, as opposed to keeping key issues in reserve. The
second is a willingness to keep the issues at the table and not take
them to other forums. Finally, good faith includes a willingness to
move away from some of the positions often taken in a more traditional
rulemaking process, and instead explore openly with other parties all
ideas that may emerge from the working group's discussions.
E. Facilitator
The facilitator will act as a neutral in the substantive
development of the proposed standard. The facilitator's role generally
includes:
Impartially assisting the members of the working group in
conducting discussions and negotiations; and
Impartially assisting in performing the duties of the
Designated Federal Official under FACA.
F. Department Representative
The DOE representative will be a full and active participant in the
consensus-building negotiations. The Department's representative will
meet regularly with senior Department officials, briefing them on the
negotiations and receiving their suggestions and advice so that he or
she can effectively represent the Department's views regarding the
issues before the working group. DOE's representative also will ensure
that the entire spectrum of governmental interests affected by the
rulemaking, including the Office of Management and Budget, the Attorney
General, and other Departmental offices, are kept informed of the
negotiations and encouraged to make their concerns known in a timely
fashion.
G. Working Group and Schedule
After evaluating the comments submitted in response to this notice
of intent and the requests for nominations, DOE will inform the members
of the working group that they have been selected. DOE and ASRAC plan
for the working group to have its first meeting in April 2013 and have
determined a need for an update from the working group on negotiation
efforts by Wednesday, June 26, 2013, and final recommendations to ASRAC
by Friday, August 30, 2013.
At the initial working group meeting, DOE and ASRAC representatives
on the working group will advise working group members of
administrative matters related to the functions of the working group,
lay out the working group's scope, and confirm deadlines. Given the
outlined scope and established deadlines, the working group will
develop a work plan to accomplish the proposed objectives. While the
negotiated rulemaking process is underway, DOE is committed to
performing much of the same analysis as it would during a normal
process and to providing information and technical support to the
working group.
IV. Nominations Requested
DOE requests nominations of which parties should be included in a
negotiation efforts of certification requirements of commercial HVAC,
WH, and refrigeration equipment and suggestions of additional interests
and/or stakeholders that should be represented on the working group.
Please include the nominee's name, contact information, resume,
biography, and any letters of support. Nominations must be submitted in
electronic format via email to asrac@ee.doe.gov.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's notice
of proposed rulemaking.
Issued in Washington, DC, on March 5, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2013-05615 Filed 3-11-13; 8:45 am]
BILLING CODE 6450-01-P
