Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish the Manufactured Housing Working Group To Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Efficiency Standards for Manufactured Housing, 33873-33877 [2014-13846]
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Federal Register / Vol. 79, No. 114 / Friday, June 13, 2014 / Proposed Rules
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
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
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. Rather, 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 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
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interests affected by the standards
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 either inform the members of
the working group that they have been
selected or determine that conducting a
negotiated rulemaking is inappropriate.
DOE will advise working group
members of administrative matters
related to the functions of the working
group before beginning. DOE will
establish a meeting schedule based on
the settlement agreement and produce
the necessary documents so as to adhere
to that schedule. While the negotiated
rulemaking process is underway, DOE is
committed to performing much of the
same analysis as it would during a
normal standards rulemaking process
and to providing information and
technical support to the working group.
IV. Comments Requested
DOE requests comments on which
parties should be included in a
negotiated rulemaking to develop draft
language pertaining to the energy
efficiency of regional standards
enforcement and suggestions of
additional interests and/or stakeholders
that should be represented on the
working group. All who wish to
participate as members of the working
group should submit a request for
nomination to DOE.
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 June 9, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy.
[FR Doc. 2014–13847 Filed 6–12–14; 8:45 am]
BILLING CODE 6450–01–P
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33873
DEPARTMENT OF ENERGY
10 CFR Part 429
[Docket No. EERE–2009–BT–BC–0021]
Appliance Standards and Rulemaking
Federal Advisory Committee: Notice of
Intent To Establish the Manufactured
Housing Working Group To Negotiate
a Notice of Proposed Rulemaking
(NOPR) for Energy Efficiency
Standards for Manufactured Housing
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 it intends to establish
a negotiated rulemaking working group
under the Appliance Standards and
Rulemaking Federal Advisory
Committee (ASRAC) in accordance with
the Federal Advisory Committee Act
(FACA) and the Negotiated Rulemaking
Act (NRA) to negotiate proposed Federal
standards for the energy efficiency of
manufactured homes. The purpose of
the working group will be to discuss
and, if possible, reach consensus on a
proposed rule for the energy efficiency
of manufactured homes, as authorized
by section 413 of the Energy
Independence and Security Act of 2007
(EISA). The working group will consist
of representatives of parties having a
defined stake in the outcome of the
proposed standards, and will consult as
appropriate with a range of experts on
technical issues.
DATES: Written comments and request to
be appointed as members of the working
group are welcome and should be
submitted by June 27, 2014.
The deadline for negotiating a
proposed rule and submitting it to
ASRAC is September 30, 2014.
ADDRESSES: Interested person may
submit comments, identified by docket
number EERE–2009–BT–BC–0021, by
any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: ASRAC@ee.doe.gov. Include
docket number EERE–2009–BT–BC–
0021 in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–5B,
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.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
SUMMARY:
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Building Technologies Office, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD, in which case
it is not necessary to include printed
copies.
No telefacsimilies (faxes) will be
accepted.
Docket: The docket is available for
review at www.regulations.gov,
including Federal Register notices,
public meeting attendee lists and
transcripts, comments, and other
supporting documents/materials. All
documents in the docket are listed in
the www.regulations.gov index.
However, not all documents listed in
the index may be publicly available,
such as information that is exempt from
public disclosure.
FOR FURTHER INFORMATION CONTACT:
Joseph Hagerman, U.S. Department of
Energy, Office of Building Technologies
(EE–5B), 950 L’Enfant Plaza SW.,
Washington, DC 20024. Phone: 202–
586–4549. Email: asrac@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Preamble
I. Authority
II. Background
III. Proposed Negotiating Procedures
IV. Comments Requested
I. Authority
This notice of intent, announcing
DOE’s intent to negotiate a proposed
regulation setting energy efficiency
standards for manufactured housing,
was developed under the authority of
sections 563 and 564 of the NRA (5
U.S.C. 561–570, Pub. L. 104–320). The
regulation setting energy efficiency
standards for manufactured housing that
DOE is proposing to develop under a
negotiated rulemaking will be
developed under the authority of EISA
(42 U.S.C. 17071).
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II. Background
As required by the NRA, DOE is
giving notice that it is establishing a
working group under ASRAC to develop
proposed energy efficiency standards for
manufactured housing. EISA directs
DOE to establish standards for energy
efficiency in manufactured housing
based on the most recent version of the
International Energy Conservation Code
(IECC) while taking into consideration
the costs and benefits of the proposed
standards, factory design and
construction techniques unique to
manufactured housing, and the current
construction and safety standards set
forth by U.S. Department of Housing
and Urban Development (HUD).
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A. Negotiated Rulemaking
DOE has decided to use the negotiated
rulemaking process to develop proposed
energy efficiency standards for
manufactured housing. EISA directs
DOE to establish standards for energy
efficiency in manufactured housing.
Specifically, EISA directs DOE to base
the standards on the most recent version
of the International Energy Conservation
Code (IECC) and any supplements to
that document, except where DOE finds
that the IECC is not cost-effective or
where a more stringent standard would
be more cost-effective, based on the
impact of the IECC on the purchase
price of manufactured housing and on
total life-cycle construction and
operating costs (42 U.S.C. 17071). The
primary reason for using the negotiated
rulemaking process for developing a
proposed Federal standard is that
stakeholders strongly support a
consensual rulemaking effort. DOE
believes such a regulatory negotiation
process will be less adversarial and
better suited to resolving complex
technical issues. An important virtue of
negotiated rulemaking is that it allows
expert dialog that is much better than
traditional techniques at getting the
facts and issues right and will result in
a proposed rule that will effectively
reflect Congressional intent.
A regulatory negotiation will enable
DOE to engage in direct and sustained
dialog with informed, interested, and
affected parties when drafting the
regulation, rather than obtaining input
during a public comment period after
developing and publishing a proposed
rule. Gaining this early understanding of
all parties’ perspectives allows DOE to
address key issues at an earlier stage of
the process, thereby allowing more time
for an iterative process to resolve issues.
A rule drafted by negotiation with
informed and affected parties is
expected to be potentially more
pragmatic and more easily implemented
than a rule arising from the traditional
process. Such rulemaking improvement
is likely to provide the public with the
full benefits of the rule while
minimizing the potential negative
impact of a proposed regulation
conceived or drafted without the full
prior input of outside knowledgeable
parties. Because a negotiating working
group includes representatives from the
major stakeholder groups affected by or
interested in the rule, the number of
public comments on the proposed rule
may be decreased. DOE anticipates that
there will be a need for fewer
substantive changes to a proposed rule
developed under a regulatory
negotiation process prior to the
publication of a final rule.
B. The Concept of Negotiated
Rulemaking
Usually, DOE develops a proposed
rulemaking using Department staff and
consultant resources. Typically, a
preliminary analysis is vetted for
stakeholder comments after a
Framework Document is published and
comments taken thereon. After the
notice of proposed rulemaking is
published for comment, affected parties
may submit arguments and data
defining and supporting their positions
with regard to the issues raised in the
proposed rule. Congress noted in the
NRA, however, that regulatory
development may ‘‘discourage the
affected parties from meeting and
communicating with each other, and
may cause parties with different
interests to assume conflicting and
antagonistic positions * * *.’’ 5 U.S.C.
561(2)(2). Congress also stated that
‘‘adversarial rulemaking deprives the
affected parties and the public of the
benefits of face-to-face negotiations and
cooperation in developing and reaching
agreement on a rule. It also deprives
them of the benefits of shared
information, knowledge, expertise, and
technical abilities possessed by the
affected parties.’’ 5 U.S.C. 561(2)(3).
Using negotiated rulemaking to
develop a proposed rule differs
fundamentally from the Departmentcentered process. In negotiated
rulemaking, a proposed rule is
developed by an advisory committee or
working group, chartered under FACA,
5 U.S.C. App. 2, composed of members
chosen to represent the various interests
that will be significantly affected by the
rule. The goal of the advisory committee
or working group is to reach consensus
on the treatment of the major issues
involved with the rule. The process
starts with the Department’s careful
identification of all interests potentially
affected by the rulemaking under
consideration. To help with this
identification, the Department publishes
a notice of intent such as this one in the
Federal Register, identifying a
preliminary list of interested parties and
requesting public comment on that list.
Following receipt of comments, the
Department establishes an advisory
committee or working group
representing the full range of
stakeholders to negotiate a consensus on
the terms of a proposed rule.
Representation on the advisory
committee or working group may be
direct; that is, each member may
represent a specific interest, or may be
indirect, such as through trade
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associations and/or similarly-situated
parties with common interests. The
Department is a member of the advisory
committee or working group and
represents the Federal government’s
interests. The advisory committee or
working group chair is assisted by a
neutral mediator who facilitates the
negotiation process. The role of the
mediator, also called a facilitator, is to
apply proven consensus-building
techniques to the advisory committee or
working group process.
After an advisory committee or
working group reaches consensus on the
provisions of a proposed rule, the
Department, consistent with its legal
obligations, uses such consensus as the
basis of its proposed rule, which then is
published in the Federal Register. This
publication provides the required public
notice and provides for a public
comment period. Other participants and
other interested parties retain their
rights to comment, participate in an
informal hearing (if requested), and
request judicial review. DOE
anticipates, however, that the preproposal consensus agreed upon by the
advisory committee or working group
will narrow any issues in the
subsequent rulemaking.
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C. Proposed Rulemaking for Energy
Efficiency Standards for Manufactured
Housing
The NRA enables DOE to establish an
advisory committee or working group if
it is determined that the use of the
negotiated rulemaking process is in the
public interest. DOE intends to develop
Federal regulations that build on the
depth of experience accrued in both the
public and private sectors in
implementing standards and programs.
DOE has determined that the
regulatory negotiation process will
provide for obtaining a diverse array of
in-depth input, as well as an
opportunity for increased collaborative
discussion from both private-sector
stakeholders and government officials
who are familiar with energy efficiency
of manufactured housing.
D. Department Commitment
In initiating this regulatory
negotiation process to develop energy
efficiency standards for manufactured
housing, DOE is making a commitment
to provide adequate resources to
facilitate timely and successful
completion of the process. This
commitment includes making the
process a priority activity for all
representatives, components, officials,
and personnel of the Department who
need to be involved in the rulemaking,
from the time of initiation until such
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time as a final rule is issued or the
process is expressly terminated. DOE
will provide administrative support for
the process and will take steps to ensure
that the advisory committee or working
group has the dedicated resources it
requires to complete its work in a timely
fashion. Specifically, DOE will make
available the following support services:
properly equipped space adequate for
public meetings and caucuses; logistical
support; word processing and
distribution of background information;
the service of a facilitator; and such
additional research and other technical
assistance as may be necessary.
To the maximum extent possible
consistent with the legal obligations of
the Department, DOE will use the
consensus of the advisory committee or
working group as the basis for the rule
the Department proposes for public
notice and comment.
E. Negotiating Consensus
As discussed above, the negotiated
rulemaking process differs
fundamentally from the usual process
for developing a proposed rule.
Negotiation enables interested and
affected parties to discuss various
approaches to issues rather than asking
them only to respond to a proposal
developed by the Department. The
negotiation process involves a mutual
education of the various parties on the
practical concerns about the impact of
standards. Each advisory committee or
working group member participates in
resolving the interests and concerns of
other members, rather than leaving it up
to DOE to evaluate and incorporate
different points of view.
A key principle of negotiated
rulemaking is that agreement is by
consensus of all the interests. Thus, no
one interest or group of interests is able
to control the process. The NRA defines
consensus as the unanimous
concurrence among interests
represented on a negotiated rulemaking
committee or working group, unless the
committee or working group itself
unanimously agrees to use a different
definition. 5 U.S.C. 562. In addition,
experience has demonstrated that using
a trained mediator to facilitate this
process will assist all parties, including
DOE, in identifying their real interests
in the rule, and thus will enable parties
to focus on and resolve the important
issues.
III. Proposed Negotiating Procedures
A. Key Issues for Negotiation
The following issues and concerns
will underlie the work of the Negotiated
Rulemaking Committee on Energy
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33875
Efficiency Standards for manufactured
housing:
• DOE’s key issues include assuring
full compliance with statutory
mandates. Congress has mandated that
DOE base the standards on the most
recent version of the International
Energy Conservation Code, except in
cases in which the Secretary finds that
the code is not cost-effective, or a more
stringent standard would be more costeffective based on the impact of the
code on the purchase price of
manufactured housing and on total lifecycle construction and operating costs.
• The energy efficiency standards
established under this section may take
into consideration the design and
factory construction techniques of
manufactured homes; be based on the
climate zones established by HUD rather
than the climate zones under the IECC;
and provide for alternative practices
that result in net estimated energy
consumption equal to or less than the
specified standards.
To examine the underlying issues
outlined above, and others not yet
articulated, all parties in the negotiation
will need DOE to provide data and an
analytic framework complete and
accurate enough to support their
deliberations. DOE’s analyses must be
adequate to inform a prospective
negotiation—for example, a preliminary
Technical Support Document or
equivalent must be available and timely.
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. DOE has determined that the
working group not exceeds 25 members.
The Department believes that more than
25 members would make it difficult to
conduct effective negotiations. 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.
DOE recognizes that when it
establishes energy efficiency standards
for manufactured homes, various
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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, 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 at approximately five
(5), 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
C. Interests Involved/Working Group
not selected for membership on the
Membership
working group may make valuable
contributions to this negotiated
DOE anticipates that the working
rulemaking effort in any of the following
group will comprise no more than 25
ways:
members who represent affected and
• The person may request to be
interested stakeholder groups, at least
placed on the working group mailing
one of whom must be a member of the
list and submit written comments as
ASRAC. As required by FACA, the
Department will conduct the negotiated appropriate.
• The person may attend working
rulemaking with particular attention to
group meetings, which are open to the
ensuring full and balanced
public; caucus with his or her interest’s
representation of those interests that
member on the working group; or even
may be significantly affected by the
address the working group during the
proposed rule governing standards for
public comment portion of the working
the energy efficiency of manufactured
housing. Section 562 of the NRA defines group meeting.
• The person could assist the efforts
the term interest as ‘‘with respect to an
of a workgroup that the working group
issue or matter, multiple parties which
might establish.
have a similar point of view or which
A working group may establish
are likely to be affected in a similar
informal workgroups, which usually are
manner.’’ Listed below are parties the
asked to facilitate committee
Department to date has identified as
deliberations by assisting with various
being ‘‘significantly affected’’ by a
technical matters (e.g., researching or
proposed rule regarding the energy
preparing summaries of the technical
efficiency of manufactured housing.
literature or comments on specific
• The Department of Energy
matters such as economic issues).
• Manufactured housing manufacturers Workgroups also might assist in
and trade associations representing
estimating costs or drafting regulatory
manufacturers
text on issues associated with the
• Component manufacturers and related analysis of the costs and benefits
suppliers
addressed, or formulating drafts of the
• Utilities
various provisions and their
• Energy efficiency/environmental
justifications as previously developed
advocacy groups
by the working group. Given their
• Consumers
support function, workgroups usually
One purpose of this notice of intent is consist of participants who have
to determine whether Federal standards expertise or particular interest in the
regarding the energy efficiency of
technical matter(s) being studied.
manufactured housing will significantly Because it recognizes the importance of
affect interests that are not listed above. this support work for the working
DOE invites comment and suggestions
group, DOE will provide appropriate
on its initial list of significantly affected technical expertise for such workgroups.
interests.
D. Good Faith Negotiation
Members may be individuals or
organizations. If the effort is to be
Every working group member must be
fruitful, participants on the working
willing to negotiate in good faith and
group should be able to fully and
have the authority, granted by his or her
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segments of society may be affected in
different ways, in some cases producing
unique ‘‘interests’’ in a proposed rule
based on income, gender, or other
factors. The Department will pay
attention to providing that any unique
interests that have been identified, and
that may be significantly affected by the
proposed rule, are represented.
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.
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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
sustained effort 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
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. Rather, 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 standards
rulemaking, including the Office of
Management and Budget, the Attorney
General, and other Departmental offices,
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are kept informed of the negotiations
and encouraged to make their concerns
known in a timely fashion.
[Docket No. EERE–2010–BT–STD–0037]
The U.S. Department of
Energy (DOE) will hold a public meeting
to discuss the energy model used in the
engineering analysis supporting its
energy conservation standard
rulemaking for automatic commercial
ice makers. During the meeting, DOE
will provide detailed description of the
Energy Model and demonstrate its use.
DATES: Meeting: DOE will hold a public
meeting on June 19, 2014, from 9:00
a.m. to 4:00 p.m. in Washington, DC.
Additionally, DOE plans to conduct the
public meeting via webinar. You may
attend the public meeting via webinar.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room GH–019, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Webinar: Registration information,
participant instructions, and
information about the capabilities
available to webinar participants will be
published on DOE’s Web site at:
https://www1.eere.energy.gov/buildings/
appliance_standards/rulemaking.aspx/
ruleid/29. Participants are responsible
for ensuring their systems are
compatible with the webinar software.
Docket: The docket is available for
review at https://www.regulations.gov,
and will include Federal Register
notices, framework document, notice of
proposed rulemaking, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials throughout the
rulemaking process. The regulations.gov
Web page contains simple instructions
on how to access all documents,
including public comments, in the
docket. The docket can be accessed by
searching for docket number EERE–
2010–BT–STD–0037 on the
regulations.gov Web site. All documents
in the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
For information on how to review the
docket or participate in the public
meeting, contact Ms. Brenda Edwards at
(202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
RIN 1904–AC39
FOR FURTHER INFORMATION CONTACT:
G. Working Group and Schedule
After evaluating the comments
submitted in response to this notice of
intent and the requests for nominations,
DOE will either inform the members of
the working group of their selection or
determine that conducting a negotiated
rulemaking is inappropriate.
DOE will advise working group
members of administrative matters
related to the functions of the working
group before beginning. DOE will
establish a meeting schedule based on
the settlement agreement and produce
the necessary documents so as to adhere
to that schedule. While the negotiated
rulemaking process is underway, DOE is
committed to performing much of the
same analysis as it would during a
normal rulemaking process and to
providing information and technical
support to the working group.
IV. Comments Requested
DOE requests comments on which
parties should be included in a
negotiated rulemaking to develop draft
language pertaining to the energy
efficiency of manufactured housing and
suggestions of additional interests and/
or stakeholders that should be
represented on the working group. All
who wish to participate as members of
the working group should submit a
request for nomination to DOE.
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 June 9, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency and Renewable Energy.
[FR Doc. 2014–13846 Filed 6–12–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
tkelley on DSK3SPTVN1PROD with PROPOSALS
10 CFR Part 431
Energy Efficiency Program: Energy
Conservation Standards for Automatic
Commercial Ice Makers
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting.
AGENCY:
VerDate Mar<15>2010
16:58 Jun 12, 2014
Jkt 232001
SUMMARY:
Mr.
John Cymbalsky, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone (202) 287–1692. Email:
automatic_commercial_ice_
makers@ee.doe.gov.
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
33877
Ms. Sarah Butler, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–1777. Email:
Sarah.Butler@hq.doe.gov.
For information on how to submit or
review public comments and on how to
participate in the public meeting,
contact Ms. Brenda Edwards, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, EE–5B,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone (202) 586–2945. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION: Title III,
Part B a of the Energy Policy and
Conservation Act of 1975 (EPCA or the
Act), Public Law 94–163, (42 U.S.C.
6291–6309, as codified) sets forth a
variety of provisions designed to
improve energy efficiency and
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, a program covering
major household appliances
(collectively referred to as ‘‘covered
products’’).b Part C of title III (42 U.S.C.
6311–6317) establishes an energy
conservation program for certain
industrial and commercial equipment.
EPCA authorizes DOE to establish
technologically feasible, economically
justified energy conservation standards
for covered products or equipment that
would be likely to result in significant
national energy savings. (42 U.S.C.
6295(o)(2)(B)(i)(I)–(VII))
Section 136(d) of the Energy Policy
Act of 2005 (EPACT 2005), Public Law
109–58, amended EPCA to prescribe
energy conservation standards for some
automatic commercial ice-makers. (42
U.S.C. 6313(d)(1)) The EPACT 2005
amendments (42 U.S.C. 6313(d)(2)) also
authorize DOE to issue standards for
types of automatic commercial ice
makers that are not covered by 42 U.S.C.
6313(d)(1). In addition, not later than
January 1, 2015, with respect to the
standards at 42 U.S.C. 6313(d)(1), and
not later than 5 years after the effective
date of any standards issued by DOE
under 42 U.S.C. 6313(d)(2), DOE is to
issue a final rule to determine whether
amending the applicable standards is
technologically feasible and
economically justified. (42 U.S.C.
6313(d)(3)(A)) To this end, DOE
initiated an energy conservation
a For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
b All references to EPCA in this document refer
to the statute as amended through the American
Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112–210 (Dec. 18, 2012).
E:\FR\FM\13JNP1.SGM
13JNP1
]]>Agencies
[Federal Register Volume 79, Number 114 (Friday, June 13, 2014)]
[Proposed Rules]
[Pages 33873-33877]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13846]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 429
[Docket No. EERE-2009-BT-BC-0021]
Appliance Standards and Rulemaking Federal Advisory Committee:
Notice of Intent To Establish the Manufactured Housing Working Group To
Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Efficiency
Standards for Manufactured Housing
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 it intends to establish a negotiated rulemaking
working group under the Appliance Standards and Rulemaking Federal
Advisory Committee (ASRAC) in accordance with the Federal Advisory
Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to
negotiate proposed Federal standards for the energy efficiency of
manufactured homes. The purpose of the working group will be to discuss
and, if possible, reach consensus on a proposed rule for the energy
efficiency of manufactured homes, as authorized by section 413 of the
Energy Independence and Security Act of 2007 (EISA). The working group
will consist of representatives of parties having a defined stake in
the outcome of the proposed standards, and will consult as appropriate
with a range of experts on technical issues.
DATES: Written comments and request to be appointed as members of the
working group are welcome and should be submitted by June 27, 2014.
The deadline for negotiating a proposed rule and submitting it to
ASRAC is September 30, 2014.
ADDRESSES: Interested person may submit comments, identified by docket
number EERE-2009-BT-BC-0021, by any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: ASRAC@ee.doe.gov. Include docket number EERE-2009-BT-BC-
0021 in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-5B, 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.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy,
[[Page 33874]]
Building Technologies Office, 950 L'Enfant Plaza SW., Suite 600,
Washington, DC 20024. Telephone: (202) 586-2945. If possible, please
submit all items on a CD, in which case it is not necessary to include
printed copies.
No telefacsimilies (faxes) will be accepted.
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, public meeting attendee lists and
transcripts, comments, and other supporting documents/materials. All
documents in the docket are listed in the www.regulations.gov index.
However, not all documents listed in the index may be publicly
available, such as information that is exempt from public disclosure.
FOR FURTHER INFORMATION CONTACT: Joseph Hagerman, U.S. Department of
Energy, Office of Building Technologies (EE-5B), 950 L'Enfant Plaza
SW., Washington, DC 20024. Phone: 202-586-4549. Email:
asrac@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Preamble
I. Authority
II. Background
III. Proposed Negotiating Procedures
IV. Comments Requested
I. Authority
This notice of intent, announcing DOE's intent to negotiate a
proposed regulation setting energy efficiency standards for
manufactured housing, was developed under the authority of sections 563
and 564 of the NRA (5 U.S.C. 561-570, Pub. L. 104-320). The regulation
setting energy efficiency standards for manufactured housing that DOE
is proposing to develop under a negotiated rulemaking will be developed
under the authority of EISA (42 U.S.C. 17071).
II. Background
As required by the NRA, DOE is giving notice that it is
establishing a working group under ASRAC to develop proposed energy
efficiency standards for manufactured housing. EISA directs DOE to
establish standards for energy efficiency in manufactured housing based
on the most recent version of the International Energy Conservation
Code (IECC) while taking into consideration the costs and benefits of
the proposed standards, factory design and construction techniques
unique to manufactured housing, and the current construction and safety
standards set forth by U.S. Department of Housing and Urban Development
(HUD).
A. Negotiated Rulemaking
DOE has decided to use the negotiated rulemaking process to develop
proposed energy efficiency standards for manufactured housing. EISA
directs DOE to establish standards for energy efficiency in
manufactured housing. Specifically, EISA directs DOE to base the
standards on the most recent version of the International Energy
Conservation Code (IECC) and any supplements to that document, except
where DOE finds that the IECC is not cost-effective or where a more
stringent standard would be more cost-effective, based on the impact of
the IECC on the purchase price of manufactured housing and on total
life-cycle construction and operating costs (42 U.S.C. 17071). The
primary reason for using the negotiated rulemaking process for
developing a proposed Federal standard is that stakeholders strongly
support a consensual rulemaking effort. DOE believes such a regulatory
negotiation process will be less adversarial and better suited to
resolving complex technical issues. An important virtue of negotiated
rulemaking is that it allows expert dialog that is much better than
traditional techniques at getting the facts and issues right and will
result in a proposed rule that will effectively reflect Congressional
intent.
A regulatory negotiation will enable DOE to engage in direct and
sustained dialog with informed, interested, and affected parties when
drafting the regulation, rather than obtaining input during a public
comment period after developing and publishing a proposed rule. Gaining
this early understanding of all parties' perspectives allows DOE to
address key issues at an earlier stage of the process, thereby allowing
more time for an iterative process to resolve issues. A rule drafted by
negotiation with informed and affected parties is expected to be
potentially more pragmatic and more easily implemented than a rule
arising from the traditional process. Such rulemaking improvement is
likely to provide the public with the full benefits of the rule while
minimizing the potential negative impact of a proposed regulation
conceived or drafted without the full prior input of outside
knowledgeable parties. Because a negotiating working group includes
representatives from the major stakeholder groups affected by or
interested in the rule, the number of public comments on the proposed
rule may be decreased. DOE anticipates that there will be a need for
fewer substantive changes to a proposed rule developed under a
regulatory negotiation process prior to the publication of a final
rule.
B. The Concept of Negotiated Rulemaking
Usually, DOE develops a proposed rulemaking using Department staff
and consultant resources. Typically, a preliminary analysis is vetted
for stakeholder comments after a Framework Document is published and
comments taken thereon. After the notice of proposed rulemaking is
published for comment, affected parties may submit arguments and data
defining and supporting their positions with regard to the issues
raised in the proposed rule. Congress noted in the NRA, however, that
regulatory development may ``discourage the affected parties from
meeting and communicating with each other, and may cause parties with
different interests to assume conflicting and antagonistic positions *
* *.'' 5 U.S.C. 561(2)(2). Congress also stated that ``adversarial
rulemaking deprives the affected parties and the public of the benefits
of face-to-face negotiations and cooperation in developing and reaching
agreement on a rule. It also deprives them of the benefits of shared
information, knowledge, expertise, and technical abilities possessed by
the affected parties.'' 5 U.S.C. 561(2)(3).
Using negotiated rulemaking to develop a proposed rule differs
fundamentally from the Department-centered process. In negotiated
rulemaking, a proposed rule is developed by an advisory committee or
working group, chartered under FACA, 5 U.S.C. App. 2, composed of
members chosen to represent the various interests that will be
significantly affected by the rule. The goal of the advisory committee
or working group is to reach consensus on the treatment of the major
issues involved with the rule. The process starts with the Department's
careful identification of all interests potentially affected by the
rulemaking under consideration. To help with this identification, the
Department publishes a notice of intent such as this one in the Federal
Register, identifying a preliminary list of interested parties and
requesting public comment on that list. Following receipt of comments,
the Department establishes an advisory committee or working group
representing the full range of stakeholders to negotiate a consensus on
the terms of a proposed rule. Representation on the advisory committee
or working group may be direct; that is, each member may represent a
specific interest, or may be indirect, such as through trade
[[Page 33875]]
associations and/or similarly-situated parties with common interests.
The Department is a member of the advisory committee or working group
and represents the Federal government's interests. The advisory
committee or working group chair is assisted by a neutral mediator who
facilitates the negotiation process. The role of the mediator, also
called a facilitator, is to apply proven consensus-building techniques
to the advisory committee or working group process.
After an advisory committee or working group reaches consensus on
the provisions of a proposed rule, the Department, consistent with its
legal obligations, uses such consensus as the basis of its proposed
rule, which then is published in the Federal Register. This publication
provides the required public notice and provides for a public comment
period. Other participants and other interested parties retain their
rights to comment, participate in an informal hearing (if requested),
and request judicial review. DOE anticipates, however, that the pre-
proposal consensus agreed upon by the advisory committee or working
group will narrow any issues in the subsequent rulemaking.
C. Proposed Rulemaking for Energy Efficiency Standards for Manufactured
Housing
The NRA enables DOE to establish an advisory committee or working
group if it is determined that the use of the negotiated rulemaking
process is in the public interest. DOE intends to develop Federal
regulations that build on the depth of experience accrued in both the
public and private sectors in implementing standards and programs.
DOE has determined that the regulatory negotiation process will
provide for obtaining a diverse array of in-depth input, as well as an
opportunity for increased collaborative discussion from both private-
sector stakeholders and government officials who are familiar with
energy efficiency of manufactured housing.
D. Department Commitment
In initiating this regulatory negotiation process to develop energy
efficiency standards for manufactured housing, DOE is making a
commitment to provide adequate resources to facilitate timely and
successful completion of the process. This commitment includes making
the process a priority activity for all representatives, components,
officials, and personnel of the Department who need to be involved in
the rulemaking, from the time of initiation until such time as a final
rule is issued or the process is expressly terminated. DOE will provide
administrative support for the process and will take steps to ensure
that the advisory committee or working group has the dedicated
resources it requires to complete its work in a timely fashion.
Specifically, DOE will make available the following support services:
properly equipped space adequate for public meetings and caucuses;
logistical support; word processing and distribution of background
information; the service of a facilitator; and such additional research
and other technical assistance as may be necessary.
To the maximum extent possible consistent with the legal
obligations of the Department, DOE will use the consensus of the
advisory committee or working group as the basis for the rule the
Department proposes for public notice and comment.
E. Negotiating Consensus
As discussed above, the negotiated rulemaking process differs
fundamentally from the usual process for developing a proposed rule.
Negotiation enables interested and affected parties to discuss various
approaches to issues rather than asking them only to respond to a
proposal developed by the Department. The negotiation process involves
a mutual education of the various parties on the practical concerns
about the impact of standards. Each advisory committee or working group
member participates in resolving the interests and concerns of other
members, rather than leaving it up to DOE to evaluate and incorporate
different points of view.
A key principle of negotiated rulemaking is that agreement is by
consensus of all the interests. Thus, no one interest or group of
interests is able to control the process. The NRA defines consensus as
the unanimous concurrence among interests represented on a negotiated
rulemaking committee or working group, unless the committee or working
group itself unanimously agrees to use a different definition. 5 U.S.C.
562. In addition, experience has demonstrated that using a trained
mediator to facilitate this process will assist all parties, including
DOE, in identifying their real interests in the rule, and thus will
enable parties to focus on and resolve the important issues.
III. Proposed Negotiating Procedures
A. Key Issues for Negotiation
The following issues and concerns will underlie the work of the
Negotiated Rulemaking Committee on Energy Efficiency Standards for
manufactured housing:
DOE's key issues include assuring full compliance with
statutory mandates. Congress has mandated that DOE base the standards
on the most recent version of the International Energy Conservation
Code, except in cases in which the Secretary finds that the code is not
cost-effective, or a more stringent standard would be more cost-
effective based on the impact of the code on the purchase price of
manufactured housing and on total life-cycle construction and operating
costs.
The energy efficiency standards established under this
section may take into consideration the design and factory construction
techniques of manufactured homes; be based on the climate zones
established by HUD rather than the climate zones under the IECC; and
provide for alternative practices that result in net estimated energy
consumption equal to or less than the specified standards.
To examine the underlying issues outlined above, and others not yet
articulated, all parties in the negotiation will need DOE to provide
data and an analytic framework complete and accurate enough to support
their deliberations. DOE's analyses must be adequate to inform a
prospective negotiation--for example, a preliminary Technical Support
Document or equivalent must be available and timely.
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. DOE has determined that the working group not
exceeds 25 members. The Department believes that more than 25 members
would make it difficult to conduct effective negotiations. 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.
DOE recognizes that when it establishes energy efficiency standards
for manufactured homes, various
[[Page 33876]]
segments of society may be affected in different ways, in some cases
producing unique ``interests'' in a proposed rule based on income,
gender, or other factors. The Department will pay attention to
providing that any unique interests that have been identified, and that
may be significantly affected by the proposed rule, are represented.
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, at
least one of whom must be a member of the ASRAC. 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 the proposed rule
governing standards for the energy efficiency of manufactured housing.
Section 562 of the NRA defines the term interest as ``with respect to
an issue or matter, multiple parties which have a similar point of view
or which are likely to be affected in a similar manner.'' Listed below
are parties the Department to date has identified as being
``significantly affected'' by a proposed rule regarding the energy
efficiency of manufactured housing.
The Department of Energy
Manufactured housing manufacturers and trade associations
representing manufacturers
Component manufacturers and related suppliers
Utilities
Energy efficiency/environmental advocacy groups
Consumers
One purpose of this notice of intent is to determine whether
Federal standards regarding the energy efficiency of manufactured
housing will significantly affect interests that are not listed above.
DOE invites comment and suggestions on its initial list of
significantly affected interests.
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, 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 at approximately five (5), 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 the following 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 workgroup that
the working group might establish.
A working group may establish informal workgroups, 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). Workgroups 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, workgroups 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 workgroups.
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 sustained effort 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 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. Rather, 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
standards rulemaking, including the Office of Management and Budget,
the Attorney General, and other Departmental offices,
[[Page 33877]]
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 either inform the
members of the working group of their selection or determine that
conducting a negotiated rulemaking is inappropriate.
DOE will advise working group members of administrative matters
related to the functions of the working group before beginning. DOE
will establish a meeting schedule based on the settlement agreement and
produce the necessary documents so as to adhere to that schedule. While
the negotiated rulemaking process is underway, DOE is committed to
performing much of the same analysis as it would during a normal
rulemaking process and to providing information and technical support
to the working group.
IV. Comments Requested
DOE requests comments on which parties should be included in a
negotiated rulemaking to develop draft language pertaining to the
energy efficiency of manufactured housing and suggestions of additional
interests and/or stakeholders that should be represented on the working
group. All who wish to participate as members of the working group
should submit a request for nomination to DOE.
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 June 9, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2014-13846 Filed 6-12-14; 8:45 am]
BILLING CODE 6450-01-P
