Energy Conservation Standards for Refrigerated Beverage Vending Machines: Public Meeting and Availability of the Preliminary Technical Support Document, 46379-46383 [2014-18799]

Download as PDF 46379 Proposed Rules Federal Register Vol. 79, No. 153 Friday, August 8, 2014 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF ENERGY 10 CFR Part 431 [Docket No. EERE–2013–BT–STD–0022] RIN 1904–AD00 Energy Conservation Standards for Refrigerated Beverage Vending Machines: Public Meeting and Availability of the Preliminary Technical Support Document Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of public meeting and availability of preliminary technical support document. AGENCY: The U.S. Department of Energy (DOE) will hold a public meeting to discuss and receive comments on the preliminary analysis it has conducted for purposes of considering amended energy conservation standards for refrigerated beverage vending machines. The meeting will cover the analytical framework, models, and tools that DOE is using to evaluate potential amended and new standards for this equipment; the results of preliminary analyses performed by DOE for this equipment; the potential energy conservation standard levels derived from these analyses that DOE could consider for this equipment; and any other issues relevant to the development of amended energy conservation standards for refrigerated beverage vending machines. In addition, DOE encourages written comments on these subjects. To inform interested parties and to facilitate this process, DOE has prepared an agenda, a preliminary technical support document (TSD), and briefing materials, which are available on the DOE Web site at: http://www1.eere.energy.gov/buildings/ appliance_standards/rulemaking.aspx/ ruleid/73. DATES: DOE will accept comments, data, and other information regarding this rulemaking before or after the public meeting, but no later than October 7, 2014. See section IV, ‘‘Public mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 16:38 Aug 07, 2014 Jkt 232001 Participation,’’ of this notice of public meeting (NOPM) for details. DOE will hold a public meeting on September 16, 2014, from 9:00 a.m. to 5:00 p.m., in Washington, DC. Additionally, DOE plans to allow for participation in 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. Please note that foreign nationals participating in the public meeting are subject to advance security screening procedures which require advance notice prior to attendance at the public meeting. If a foreign national wishes to participate in the public meeting, please inform DOE of this fact as soon as possible by contacting Ms. Brenda Edwards at (202) 586–2945 so that the necessary procedures can be completed. DOE requires visitors to have laptops and other devices, such as tablets, checked upon entry into the building. Please report to the visitor’s desk to have devices checked before proceeding through security. Interested persons may submit comments, identified by docket number EERE–2013–BT–STD–0022 and/or Regulation Identification Number (RIN) 1904–AD00, by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • Email: BVM2013STD0022@ ee.doe.gov. Include the docket number EERE–2013–BT–STD–0022 and/or RIN 1904–AD00 in the subject line of the message. • Postal 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. (Please note that comments and CDs sent by mail are often delayed and may be damaged by mail screening processes.) • Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, 950 L’Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 586–2945. If possible, please submit all items on a CD, in which case PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 it is not necessary to include printed copies. Docket: The docket is available for review at www.regulations.gov, including Federal Register notices, the framework document, public meeting attendee lists and transcripts, comments, and other supporting documents/materials. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. The rulemaking Web page can be found at: http://www1.eere.energy.gov/ buildings/appliance_standards/ rulemaking.aspx/ruleid/73. This Web page contains a link to the docket for this notice on the www.regulations.gov site. The www.regulations.gov Web page contains instructions on how to access all documents in the docket, including public comments. For detailed instructions on submitting comments and additional information on the rulemaking process, see section IV, ‘‘Public Participation,’’ of this document. For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact Ms. Brenda Edwards at (202) 586–2945 or by email: Brenda.Edwards@ee.doe.gov. FOR FURTHER INFORMATION CONTACT: Mr. Ron Majette, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE–5B, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 286–1692. Email: BVM2013STD0022@ee.doe.gov. Or visit DOE’s Refrigerated Beverage Vending Machine Web page at http://www1.eere. energy.gov/buildings/appliance_ standards/product.aspx/productid/24 for information about any existing standards and test procedures, and the history and impacts of previous DOE regulatory actions, for this category of equipment. 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. SUPPLEMENTARY INFORMATION: E:\FR\FM\08AUP1.SGM 08AUP1 46380 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules Table of Contents I. Authority II. History of Energy Conservation Standards for Refrigerated Beverage Vending Machines A. Background B. Current Rulemaking Process III. Summary of the Analyses Performed by DOE A. Engineering Analysis B. Markups To Determine Prices C. Energy Use Analysis D. Life-Cycle Cost and Payback Period Analyses E. National Impact Analysis IV. Public Participation A. Attendance at the Public Meeting B. Procedure for Submitting Requests to Speak C. Conduct of the Public Meeting D. Submission of Comments V. Approval of the Office of the Secretary mstockstill on DSK4VPTVN1PROD with PROPOSALS I. Authority Title III, Part B 1 of the Energy Policy and Conservation Act of 1975 (EPCA), as amended, 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.’’ 2 As part of this program, EPCA directed DOE to prescribe energy conservation standards for beverage vending machines. (42 U.S.C. 6295(v)) 3 EPCA requires that, not later than 6 years after issuance of any final rule establishing or amending a standard, DOE publish a notice of proposed rulemaking (NOPR) proposing new 1 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A. 2 All references to EPCA in this document refer to the statute as amended through the American Energy Manufacturing Technical Corrections Act (AEMTCA), Pub. L. 112–210 (Dec. 18, 2012). 3 Because Congress included BVMs in Part A of Title III of EPCA, the consumer product provisions of Part A (not the industrial equipment provisions of Part A–1) apply to BVMs. DOE placed the regulatory requirements specific to BVMs in Title 10 of the Code of Federal Regulations (CFR), part 431, ‘‘Energy Efficiency Program for Certain Commercial and Industrial Equipment’’ as a matter of administrative convenience based on their type and will refer to BVMs as ‘‘equipment’’ throughout this document because of their placement in 10 CFR part 431. Despite the placement of BVMs in 10 CFR part 431, the relevant provisions of Title A of EPCA and 10 CFR part 430, which are applicable to all product types specified in Title A of EPCA, are applicable to BVMs. See 74 FR 44914, 44917 (Aug. 31, 2009). DOE proposes to amend 10 CFR 431.291 to clarify this point by specifying that the regulatory provisions of 10 CFR 430.33 and 430.34 and subparts D and E of 10 CFR part 430 are applicable to BVMs. DOE notes that, because the procedures in Parts 430 and 431 for petitioning the Department for and obtaining a test procedure waiver are substantively the same (79 FR 26591, 26601 (May 9, 2014)) the regulations for applying for a test procedure waiver for BVMs are those found at 10 CFR 431.401 rather than those found at 430.27. VerDate Mar<15>2010 16:38 Aug 07, 2014 Jkt 232001 standards or a notice of determination that the existing standards do not need to be amended. (42 U.S.C. 6295(m)(1)) EPCA provides criteria for prescribing amended and new energy conservation standards. More specifically, DOE is required to ensure that each standard: (1) Achieves the maximum improvement in energy efficiency that is technologically feasible and economically justified; and (2) results in significant conservation of energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)(B)) EPCA also provides that in deciding whether a proposed standard is economically justified, DOE must, after receiving comments on the proposed standard, determine whether the benefits of the standard exceed its burdens by considering, to the greatest extent practicable, the following seven factors: 1. The economic impact of the standard on manufacturers and consumers of products subject to the standard; 2. The savings in operating costs throughout the estimated average life of the covered products in the type (or class) compared to any increase in the price, initial charges, or maintenance expenses for the covered products which are likely to result from the standard; 3. The total projected amount of energy savings likely to result directly from the standard; 4. Any lessening of the utility or the performance of the covered products likely to result from the standard; 5. The impact of any lessening of competition, as determined in writing by the Attorney General, that is likely to result from the standard; 6. The need for national energy conservation; and 7. Other factors the Secretary of Energy considers relevant. (42 U.S.C. 6295(o)(2)(B)(i)) EPCA further provides that DOE may not prescribe an amended or new standard if the standard is likely to result in the unavailability in the United States in any covered equipment type (or class) of performance characteristics (including reliability), features, sizes, capacities, and volumes that are substantially the same as those generally available in the United States at the time that the standard is prescribed. (42 U.S.C. 6295(o)(4)) Before proposing a standard, DOE typically seeks public input on the analytical framework, models, and tools that DOE will use to evaluate standards for the equipment at issue and the results of preliminary analyses DOE performed for the equipment. DOE publishes this notice announcing the availability of the preliminary technical support document (TSD), which details the preliminary analyses, discusses the comments DOE received from interested PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 parties on the Framework Document, and summarizes the preliminary results of DOE’s analyses. In addition, DOE is announcing a public meeting to solicit feedback from interested parties on its analytical framework, models, and preliminary results. II. History of Energy Conservation Standards for Refrigerated Beverage Vending Machines A. Background EPCA directed the Secretary to issue by rule, no later than August 8, 2009, energy conservation standards for refrigerated bottled or canned beverage vending machines. DOE began a rulemaking process in 2006 and in August 2009 published a final rule for beverage vending machines (henceforth referred to as the 2009 BVM final rule). 74 FR 44914 (Aug. 31, 2009). The entire rulemaking process that culminated with the publication of the 2009 BVM final rule will be referred to as the 2009 BVM rulemaking. The 2009 BVM final rule established energy conservation standards for beverage vending machines, with a compliance date of August 31, 2012. The 2009 BVM final rule document is currently available at http://www.regulations.gov/#!document Detail;D=EERE-2006-STD-0125-0005. B. Current Rulemaking Process In initiating this rulemaking, DOE prepared a Framework Document, ‘‘Energy Conservation Standards Rulemaking Framework Document for Refrigerated Beverage Vending Machines,’’ which describes the procedural and analytical approaches DOE anticipates using to evaluate energy conservation standards for refrigerated beverage vending machines. DOE published a notice that announced both the availability of the Framework Document and a public meeting to discuss the proposed analytical framework for the rulemaking. That notice also invited written comments from the public. 78 FR 33262 (June 4, 2013). The Framework Document is available at: http://www.regulations.gov/ #!docketDetail;D=EERE-2013-BT-STD0022. DOE held a public meeting on June 20, 2013, at which it described the various analyses DOE would conduct as part of the rulemaking, such as the engineering analysis, the life-cycle cost (LCC) and payback period (PBP) analyses, and the national impact analysis (NIA). Representatives for manufacturers, environmental and energy efficiency advocates, and other interested parties attended the meeting. E:\FR\FM\08AUP1.SGM 08AUP1 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules Comments received since publication of the Framework Document have helped DOE identify and resolve issues related to the preliminary analyses. Chapter 2 of the preliminary TSD summarizes and addresses the comments received in response to the Framework Document. mstockstill on DSK4VPTVN1PROD with PROPOSALS III. Summary of the Analyses Performed by DOE For the refrigerated beverage vending machines covered in this rulemaking, DOE is both considering amending standards for equipment classes with current standards, as well as potentially establishing standards for covered equipment classes which do not currently have standards. DOE conducted in-depth technical analyses in the following areas: (1) Engineering; (2) markups to determine equipment price; (3) energy use; (4) life-cycle cost and payback period; and (5) national impacts. The preliminary TSD that presents the methodology and results of each of these analyses is available at: http://www.regulations.gov/#!docket Detail;D=EERE-2013-BT-STD-0022. DOE also conducted, and has included in the preliminary TSD, several other analyses that support the major analyses or are preliminary analyses. These will be expanded upon for a notice of proposed rulemaking (NOPR), if DOE determines that amended energy conservation standards are technologically feasible, economically justified, and would save a significant amount of energy, based on the available information. These analyses include: (1) The market and technology assessment; (2) the screening analysis, which contributes to the engineering analysis; and (3) the shipments analysis, which contributes to the LCC and PBP analysis and the NIA. In addition to these analyses, DOE has begun preliminary work on the manufacturer impact analysis and has identified the methods to be used for the consumer subgroup analysis, the emissions analysis, the employment impact analysis, the regulatory impact analysis, and the utility impact analysis. DOE will expand on these analyses in the NOPR. A. Engineering Analysis The engineering analysis establishes the relationship between the cost and efficiency levels of the equipment that DOE is evaluating as potential energy conservation standards. This relationship serves as the basis for costbenefit calculations for individual consumers, manufacturers, and the nation. The engineering analysis identifies representative baseline VerDate Mar<15>2010 16:38 Aug 07, 2014 Jkt 232001 equipment, which is the starting point for analyzing technologies that provide energy efficiency improvements. ‘‘Baseline equipment’’ refers to a model or models having features and technologies typically found in minimally-efficient equipment currently available on the market and, for equipment already subject to energy conservation standards, models that just meet the current standards. After identifying the baseline models, DOE estimated manufacturer selling prices by using a consistent methodology and pricing scheme that includes material costs and manufacturer markups. Chapter 5 of the preliminary TSD discusses the engineering analysis. B. Markups To Determine Prices DOE derives customer prices for equipment based on manufacturer markups, retailer markups, distributor markups, contractor markups (where appropriate), and sales taxes. In deriving these markups, DOE determines the major distribution channels for equipment sales, the markup associated with each party in each distribution channel, and the existence and magnitude of differences between markups for baseline equipment (baseline markups) and higherefficiency equipment (incremental markups). DOE calculates both overall baseline and overall incremental markups based on the markups at each step in each distribution channel. Chapter 6 of the preliminary TSD addresses the markups analysis. C. Energy Use Analysis The energy use analysis provides estimates of the annual energy consumption of refrigerated beverage vending machines. The energy use analysis seeks to estimate the range of energy consumption of the equipment that meets each of the efficiency levels considered in a given rulemaking as it is used in the field. DOE uses these values in the LCC and PBP analyses and in the NIA. Chapter 7 of the preliminary TSD addresses the energy use analysis. D. Life-Cycle Cost and Payback Period Analyses The LCC and PBP analyses determine the economic impact of potential amended standards on individual consumers. The LCC is the total cost of purchasing, installing, and operating considered equipment over the course of its lifetime. The LCC analysis compares the LCCs of equipment designed to meet possible energy conservation standards with the LCC of the equipment likely to be installed in the absence of standards. DOE PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 46381 determines LCCs by considering: (1) Total installed cost to the purchaser (which consists of manufacturer selling price, distribution chain markups, sales taxes, and installation cost); (2) the operating cost of the equipment (energy cost, water and wastewater cost in some cases, and maintenance and repair cost); (3) equipment lifetime; and (4) a discount rate that reflects the real consumer cost of capital and puts the LCC in present-value terms. The PBP represents the number of years needed to recover the increase in purchase price (including installation cost) of higherefficiency equipment through savings in the operating cost of the equipment. PBP is calculated by dividing the incremental increase in installed cost of the higher efficiency equipment, compared to the baseline equipment, by the annual savings in operating costs. Chapter 8 of the preliminary TSD addresses the LCC and PBP analyses. E. National Impact Analysis The NIA estimates the national energy savings (NES) and the net present value (NPV) of total consumer costs and savings expected to result from amended standards at specific efficiency levels (referred to as candidate standard levels). DOE calculated NES and NPV for each candidate standard level for refrigerated beverage vending machines as the difference between a base-case forecast (without amended standards) and the standards-case forecast (with standards). DOE determined national annual energy consumption by multiplying the number of units in use (by vintage) by the average unit energy consumption (also by vintage). Cumulative energy savings are the sum of the annual NES determined for the lifetime of the equipment shipped from 2019 to 2048 for all equipment classes. The analysis period is 30 years, which is consistent with other rulemakings and sufficiently long to cover the expected life of the equipment. The analysis period begins in 2019, the expected year of compliance with an amended standard. The national NPV is the sum over time of the discounted net savings each year, which consists of the difference between total operating cost savings and increases in total installed costs. Critical inputs to this analysis include shipments projections, estimated equipment lifetimes, equipment installed costs and operating costs, equipment annual energy consumption, the base-case efficiency projection, and discount rates. Chapter 10 of the preliminary TSD addresses the National Impact Analysis. E:\FR\FM\08AUP1.SGM 08AUP1 46382 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS IV. Public Participation A. Attendance at the Public Meeting DOE invites input from the public on all the topics described above. The preliminary analytical results are subject to revision following further review and input from the public. A complete and revised TSD will be made available upon issuance of a NOPR. The final rule establishing any amended energy conservation standards will contain the final analytical results and will be accompanied by a final rule TSD. DOE encourages those who wish to participate in the public meeting to obtain the preliminary TSD from DOE’s Web site and to be prepared to discuss its contents. Once again, a copy of the preliminary TSD is available at: http:// www.regulations.gov/#!docketDetail;D= EERE-2013-BT-STD-0022. However, public meeting participants need not limit their comments to the topics identified by DOE in the preliminary TSD; DOE is also interested in receiving views concerning other relevant issues that participants believe would affect energy conservation standards for this equipment or that DOE should address in the NOPR. Furthermore, DOE welcomes all interested parties, regardless of whether they participate in the public meeting, to submit in writing by October 7, 2014 comments, data, and information on matters addressed in the preliminary TSD and on other matters relevant to consideration of energy conservation standards for beverage vending machines. The public meeting will be conducted in an informal, conference style. A court reporter will be present to record the minutes of the meeting. There shall be no discussion of proprietary information, costs or prices, market shares, or other commercial matters regulated by United States antitrust laws. After the public meeting and the closing of the comment period, DOE will consider all timely-submitted comments and additional information obtained from interested parties, as well as information obtained through further analyses. Afterwards, the Department will publish either a determination that the standards for refrigerated beverage vending machines need not be amended or a NOPR proposing to amend those standards. The NOPR would include proposed energy conservation standards for the equipment covered by the rulemaking, and members of the public will be given an opportunity to submit written and oral comments on the proposed standards. The time and date of the public meeting are listed in the DATES and ADDRESSES sections at the beginning of this notice. The public meeting will be held at the U.S. Department of Energy, Forrestal Building, GH–019, 1000 Independence Avenue SW., Washington, DC 20585–0121. To attend the public meeting, please notify Ms. Brenda Edwards at (202) 586–2945. Any foreign national wishing to participate in the meeting should advise DOE of this fact as soon as possible by contacting Ms. Brenda Edwards to initiate the necessary procedures. You can attend the public meeting via Webinar, and registration information, participant instructions, and information about the capabilities available to Webinar participants will be published on the following Web site: http://www1.eere.energy.gov/buildings/ appliance_standards/rulemaking.aspx/ ruleid/73. Participants are responsible for ensuring their computer systems are compatible with the Webinar software. The purpose of the meeting is to receive comments and to help DOE understand potential issues associated with this rulemaking. DOE must receive requests to speak at the meeting before 5:00 p.m. Tuesday, September 2, 2014. DOE must receive a signed original and an electronic copy of statements to be given at the public meeting before 5:00 p.m. Tuesday, September 9, 2014. VerDate Mar<15>2010 16:38 Aug 07, 2014 Jkt 232001 B. Procedure for Submitting Requests to Speak Any person who has an interest in today’s notice or who is a representative of a group or class of persons that has an interest in these issues may request an opportunity to make an oral presentation. Such persons may handdeliver requests to speak, along with a computer diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format to Ms. Brenda Edwards at the address shown in the ADDRESSES section at the beginning of this notice between 9:00 a.m. and 4:00 p.m. Monday through Friday, except Federal holidays. Requests may also be sent by mail to the address shown in the ADDRESSES section or email to Brenda.Edwards@ee.doe.gov. Persons requesting to speak should briefly describe the nature of their interest in this rulemaking and provide a telephone number for contact. DOE requests persons selected to be heard to submit an advance copy of their statements at least two weeks before the public meeting. At its discretion, DOE may permit any person who cannot supply an advance copy of their statement to participate, if that person PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 has made advance alternative arrangements with the Building Technologies Office. The request to give an oral presentation should ask for such alternative arrangements. C. Conduct of the Public Meeting DOE will designate a DOE official to preside at the public meeting and may also employ a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C. 6306). A court reporter will record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. After the public meeting, interested parties may submit further comments on the proceedings as well as on any aspect of the rulemaking until the end of the comment period. The public meeting will be conducted in an informal, conference style. DOE will present summaries of comments received before the public meeting, allow time for presentations by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant will be allowed to make a prepared general statement (within DOE-determined time limits) prior to the discussion of specific topics. DOE will permit other participants to comment briefly on any general statements. At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly and comment on statements made by others. Participants should be prepared to answer questions from DOE and other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this rulemaking. The official conducting the public meeting will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the public meeting. A transcript of the public meeting will be posted on the DOE Web site and will also be included in the docket, which can be viewed as described in the Docket section at the beginning of this notice. In addition, any person may buy a copy of the transcript from the transcribing reporter. E:\FR\FM\08AUP1.SGM 08AUP1 Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / Proposed Rules D. Submission of Comments DOE will accept comments, data, and other information regarding this rulemaking before or after the public meeting, but no later than the date provided at the beginning of this notice. Please submit comments, data, and other information as provided in the ADDRESSES section. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format and avoid the use of special characters or any form of encryption. Comments in electronic format should be identified by the Docket Number EERE–2013–BT– STD–0022 and/or RIN 1904–AD00 and, wherever possible, carry the electronic signature of the author. No telefacsimiles (faxes) will be accepted. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit two copies: One copy of the document including all the information believed to be confidential and one copy of the document with the information believed to be confidential deleted. DOE will make its own determination as to the confidential status of the information and treat it according to its determination. Factors of interest to DOE when evaluating requests to treat submitted information as confidential include: (1) A description of the items; (2) whether and why such items are customarily treated as confidential within the industry; (3) whether the information is generally known by or available from other sources; (4) whether the information has previously been made available to others without obligation concerning its confidentiality; (5) an explanation of the competitive injury to the submitting person which would result from public disclosure; (6) a date upon which such information might lose its confidential nature due to the passage of time; and (7) why disclosure of the information would be contrary to the public interest. V. Approval of the Office of the Secretary mstockstill on DSK4VPTVN1PROD with PROPOSALS The Secretary of Energy has approved publication of this NOPM. Issued in Washington, DC, on August 1, 2014. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy. [FR Doc. 2014–18799 Filed 8–7–14; 8:45 am] BILLING CODE 6450–01–P VerDate Mar<15>2010 16:38 Aug 07, 2014 Jkt 232001 ENVIRONMENTAL PROTECTION AGENCY 40 CFR PART 52 [EPA–R05–OAR–2005–OH–0002; FRL– 9914–93-Region–5] Approval and Promulgation of Air Quality Implementation Plans; Ohio; Particulate Matter Environmental Protection Agency. ACTION: Proposed rule; reopening of the comment period. AGENCY: The Environmental Protection Agency (EPA) is reopening the comment period for a proposed Clean Air Act rule published June 26, 2014. EPA solicited comment on whether events subsequent to a prior comment period should alter EPA’s proposed disapproval of a June 4, 2003, Ohio submission with respect to SIP opacity limitations. In response to requests from the Ohio Environmental Protection Agency (Ohio EPA) and from the Ohio Utility Group, EPA is reopening the comment period for 30 days. SUMMARY: Comments must be received on or before September 8, 2014. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2005–OH–0002, by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. Email: aburano.douglas@epa.gov. 3. Fax: (312) 692–2551. 4. Mail or Delivery: Douglas Aburano, Chief, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604. Deliveries are only accepted during the Regional Office normal hours of operation, and special arrangements should be made for deliveries of boxed information. The Regional Office official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID No. EPA–R05–OAR–2005– OH–0002. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you DATES: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 46383 consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone John Summerhays, Environmental Scientist, at (312) 886–6067, before visiting the Region 5 office. FOR FURTHER INFORMATION CONTACT: John Summerhays, Environmental Scientist, Attainment Planning and Maintenance Section, Air Programs Branch (AR–18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 886–6067, summerhays.john@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean the EPA. On June 27, 2005, EPA proposed to disapprove provisions relating to opacity limitations contained in an Ohio submittal dated June 4, 2003. EPA is evaluating the public comments received in response to the proposed disapproval. Given the passage of time, E:\FR\FM\08AUP1.SGM 08AUP1

Agencies

[Federal Register Volume 79, Number 153 (Friday, August 8, 2014)]
[Proposed Rules]
[Pages 46379-46383]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-18799]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 79, No. 153 / Friday, August 8, 2014 / 
Proposed Rules

[[Page 46379]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2013-BT-STD-0022]
RIN 1904-AD00


Energy Conservation Standards for Refrigerated Beverage Vending 
Machines: Public Meeting and Availability of the Preliminary Technical 
Support Document

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of public meeting and availability of preliminary 
technical support document.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting 
to discuss and receive comments on the preliminary analysis it has 
conducted for purposes of considering amended energy conservation 
standards for refrigerated beverage vending machines. The meeting will 
cover the analytical framework, models, and tools that DOE is using to 
evaluate potential amended and new standards for this equipment; the 
results of preliminary analyses performed by DOE for this equipment; 
the potential energy conservation standard levels derived from these 
analyses that DOE could consider for this equipment; and any other 
issues relevant to the development of amended energy conservation 
standards for refrigerated beverage vending machines. In addition, DOE 
encourages written comments on these subjects. To inform interested 
parties and to facilitate this process, DOE has prepared an agenda, a 
preliminary technical support document (TSD), and briefing materials, 
which are available on the DOE Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/73.

DATES: DOE will accept comments, data, and other information regarding 
this rulemaking before or after the public meeting, but no later than 
October 7, 2014. See section IV, ``Public Participation,'' of this 
notice of public meeting (NOPM) for details. DOE will hold a public 
meeting on September 16, 2014, from 9:00 a.m. to 5:00 p.m., in 
Washington, DC. Additionally, DOE plans to allow for participation in 
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. Please note that foreign nationals 
participating in the public meeting are subject to advance security 
screening procedures which require advance notice prior to attendance 
at the public meeting. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed. DOE requires visitors to have 
laptops and other devices, such as tablets, checked upon entry into the 
building. Please report to the visitor's desk to have devices checked 
before proceeding through security.
    Interested persons may submit comments, identified by docket number 
EERE-2013-BT-STD-0022 and/or Regulation Identification Number (RIN) 
1904-AD00, by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: BVM2013STD0022@ee.doe.gov. Include the docket 
number EERE-2013-BT-STD-0022 and/or RIN 1904-AD00 in the subject line 
of the message.
     Postal 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. (Please note that comments and CDs 
sent by mail are often delayed and may be damaged by mail screening 
processes.)
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD, in which case it is not necessary to 
include printed copies.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, the framework document, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    The rulemaking Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/73. This Web page contains a link to the docket for this notice 
on the www.regulations.gov site. The www.regulations.gov Web page 
contains instructions on how to access all documents in the docket, 
including public comments.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section IV, ``Public 
Participation,'' of this document. For further information on how to 
submit a comment, review other public comments and the docket, or 
participate in the public meeting, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Majette, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 286-1692. Email: 
BVM2013STD0022@ee.doe.gov. Or visit DOE's Refrigerated Beverage Vending 
Machine Web page at http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/24 for information about any existing 
standards and test procedures, and the history and impacts of previous 
DOE regulatory actions, for this category of equipment.
    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.

SUPPLEMENTARY INFORMATION:

[[Page 46380]]

Table of Contents

I. Authority
II. History of Energy Conservation Standards for Refrigerated 
Beverage Vending Machines
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
    A. Engineering Analysis
    B. Markups To Determine Prices
    C. Energy Use Analysis
    D. Life-Cycle Cost and Payback Period Analyses
    E. National Impact Analysis
IV. Public Participation
    A. Attendance at the Public Meeting
    B. Procedure for Submitting Requests to Speak
    C. Conduct of the Public Meeting
    D. Submission of Comments
V. Approval of the Office of the Secretary.

I. Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975 (EPCA), as amended, 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.'' \2\ As part of this 
program, EPCA directed DOE to prescribe energy conservation standards 
for beverage vending machines. (42 U.S.C. 6295(v)) \3\
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012).
    \3\ Because Congress included BVMs in Part A of Title III of 
EPCA, the consumer product provisions of Part A (not the industrial 
equipment provisions of Part A-1) apply to BVMs. DOE placed the 
regulatory requirements specific to BVMs in Title 10 of the Code of 
Federal Regulations (CFR), part 431, ``Energy Efficiency Program for 
Certain Commercial and Industrial Equipment'' as a matter of 
administrative convenience based on their type and will refer to 
BVMs as ``equipment'' throughout this document because of their 
placement in 10 CFR part 431. Despite the placement of BVMs in 10 
CFR part 431, the relevant provisions of Title A of EPCA and 10 CFR 
part 430, which are applicable to all product types specified in 
Title A of EPCA, are applicable to BVMs. See 74 FR 44914, 44917 
(Aug. 31, 2009). DOE proposes to amend 10 CFR 431.291 to clarify 
this point by specifying that the regulatory provisions of 10 CFR 
430.33 and 430.34 and subparts D and E of 10 CFR part 430 are 
applicable to BVMs. DOE notes that, because the procedures in Parts 
430 and 431 for petitioning the Department for and obtaining a test 
procedure waiver are substantively the same (79 FR 26591, 26601 (May 
9, 2014)) the regulations for applying for a test procedure waiver 
for BVMs are those found at 10 CFR 431.401 rather than those found 
at 430.27.
---------------------------------------------------------------------------

    EPCA requires that, not later than 6 years after issuance of any 
final rule establishing or amending a standard, DOE publish a notice of 
proposed rulemaking (NOPR) proposing new standards or a notice of 
determination that the existing standards do not need to be amended. 
(42 U.S.C. 6295(m)(1))
    EPCA provides criteria for prescribing amended and new energy 
conservation standards. More specifically, DOE is required to ensure 
that each standard: (1) Achieves the maximum improvement in energy 
efficiency that is technologically feasible and economically justified; 
and (2) results in significant conservation of energy. (42 U.S.C. 
6295(o)(2)(A) and (o)(3)(B)) EPCA also provides that in deciding 
whether a proposed standard is economically justified, DOE must, after 
receiving comments on the proposed standard, determine whether the 
benefits of the standard exceed its burdens by considering, to the 
greatest extent practicable, the following seven factors:

    1. The economic impact of the standard on manufacturers and 
consumers of products subject to the standard;
    2. The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products which are likely to result from 
the standard;
    3. The total projected amount of energy savings likely to result 
directly from the standard;
    4. Any lessening of the utility or the performance of the 
covered products likely to result from the standard;
    5. The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    6. The need for national energy conservation; and
    7. Other factors the Secretary of Energy considers relevant.

(42 U.S.C. 6295(o)(2)(B)(i))

    EPCA further provides that DOE may not prescribe an amended or new 
standard if the standard is likely to result in the unavailability in 
the United States in any covered equipment type (or class) of 
performance characteristics (including reliability), features, sizes, 
capacities, and volumes that are substantially the same as those 
generally available in the United States at the time that the standard 
is prescribed. (42 U.S.C. 6295(o)(4))
    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE will use to 
evaluate standards for the equipment at issue and the results of 
preliminary analyses DOE performed for the equipment. DOE publishes 
this notice announcing the availability of the preliminary technical 
support document (TSD), which details the preliminary analyses, 
discusses the comments DOE received from interested parties on the 
Framework Document, and summarizes the preliminary results of DOE's 
analyses. In addition, DOE is announcing a public meeting to solicit 
feedback from interested parties on its analytical framework, models, 
and preliminary results.

II. History of Energy Conservation Standards for Refrigerated Beverage 
Vending Machines

A. Background

    EPCA directed the Secretary to issue by rule, no later than August 
8, 2009, energy conservation standards for refrigerated bottled or 
canned beverage vending machines. DOE began a rulemaking process in 
2006 and in August 2009 published a final rule for beverage vending 
machines (henceforth referred to as the 2009 BVM final rule). 74 FR 
44914 (Aug. 31, 2009). The entire rulemaking process that culminated 
with the publication of the 2009 BVM final rule will be referred to as 
the 2009 BVM rulemaking. The 2009 BVM final rule established energy 
conservation standards for beverage vending machines, with a compliance 
date of August 31, 2012. The 2009 BVM final rule document is currently 
available at http://www.regulations.gov/#!documentDetail;D=EERE-2006-
STD-0125-0005.

B. Current Rulemaking Process

    In initiating this rulemaking, DOE prepared a Framework Document, 
``Energy Conservation Standards Rulemaking Framework Document for 
Refrigerated Beverage Vending Machines,'' which describes the 
procedural and analytical approaches DOE anticipates using to evaluate 
energy conservation standards for refrigerated beverage vending 
machines. DOE published a notice that announced both the availability 
of the Framework Document and a public meeting to discuss the proposed 
analytical framework for the rulemaking. That notice also invited 
written comments from the public. 78 FR 33262 (June 4, 2013). The 
Framework Document is available at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-STD-0022.
    DOE held a public meeting on June 20, 2013, at which it described 
the various analyses DOE would conduct as part of the rulemaking, such 
as the engineering analysis, the life-cycle cost (LCC) and payback 
period (PBP) analyses, and the national impact analysis (NIA). 
Representatives for manufacturers, environmental and energy efficiency 
advocates, and other interested parties attended the meeting.

[[Page 46381]]

    Comments received since publication of the Framework Document have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received in response to the Framework Document.

III. Summary of the Analyses Performed by DOE

    For the refrigerated beverage vending machines covered in this 
rulemaking, DOE is both considering amending standards for equipment 
classes with current standards, as well as potentially establishing 
standards for covered equipment classes which do not currently have 
standards. DOE conducted in-depth technical analyses in the following 
areas: (1) Engineering; (2) markups to determine equipment price; (3) 
energy use; (4) life-cycle cost and payback period; and (5) national 
impacts. The preliminary TSD that presents the methodology and results 
of each of these analyses is available at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-STD-0022.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses or are 
preliminary analyses. These will be expanded upon for a notice of 
proposed rulemaking (NOPR), if DOE determines that amended energy 
conservation standards are technologically feasible, economically 
justified, and would save a significant amount of energy, based on the 
available information. These analyses include: (1) The market and 
technology assessment; (2) the screening analysis, which contributes to 
the engineering analysis; and (3) the shipments analysis, which 
contributes to the LCC and PBP analysis and the NIA. In addition to 
these analyses, DOE has begun preliminary work on the manufacturer 
impact analysis and has identified the methods to be used for the 
consumer subgroup analysis, the emissions analysis, the employment 
impact analysis, the regulatory impact analysis, and the utility impact 
analysis. DOE will expand on these analyses in the NOPR.

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
cost and efficiency levels of the equipment that DOE is evaluating as 
potential energy conservation standards. This relationship serves as 
the basis for cost-benefit calculations for individual consumers, 
manufacturers, and the nation. The engineering analysis identifies 
representative baseline equipment, which is the starting point for 
analyzing technologies that provide energy efficiency improvements. 
``Baseline equipment'' refers to a model or models having features and 
technologies typically found in minimally-efficient equipment currently 
available on the market and, for equipment already subject to energy 
conservation standards, models that just meet the current standards. 
After identifying the baseline models, DOE estimated manufacturer 
selling prices by using a consistent methodology and pricing scheme 
that includes material costs and manufacturer markups. Chapter 5 of the 
preliminary TSD discusses the engineering analysis.

B. Markups To Determine Prices

    DOE derives customer prices for equipment based on manufacturer 
markups, retailer markups, distributor markups, contractor markups 
(where appropriate), and sales taxes. In deriving these markups, DOE 
determines the major distribution channels for equipment sales, the 
markup associated with each party in each distribution channel, and the 
existence and magnitude of differences between markups for baseline 
equipment (baseline markups) and higher-efficiency equipment 
(incremental markups). DOE calculates both overall baseline and overall 
incremental markups based on the markups at each step in each 
distribution channel. Chapter 6 of the preliminary TSD addresses the 
markups analysis.

C. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of refrigerated beverage vending machines. The energy use 
analysis seeks to estimate the range of energy consumption of the 
equipment that meets each of the efficiency levels considered in a 
given rulemaking as it is used in the field. DOE uses these values in 
the LCC and PBP analyses and in the NIA. Chapter 7 of the preliminary 
TSD addresses the energy use analysis.

D. Life-Cycle Cost and Payback Period Analyses

    The LCC and PBP analyses determine the economic impact of potential 
amended standards on individual consumers. The LCC is the total cost of 
purchasing, installing, and operating considered equipment over the 
course of its lifetime. The LCC analysis compares the LCCs of equipment 
designed to meet possible energy conservation standards with the LCC of 
the equipment likely to be installed in the absence of standards. DOE 
determines LCCs by considering: (1) Total installed cost to the 
purchaser (which consists of manufacturer selling price, distribution 
chain markups, sales taxes, and installation cost); (2) the operating 
cost of the equipment (energy cost, water and wastewater cost in some 
cases, and maintenance and repair cost); (3) equipment lifetime; and 
(4) a discount rate that reflects the real consumer cost of capital and 
puts the LCC in present-value terms. The PBP represents the number of 
years needed to recover the increase in purchase price (including 
installation cost) of higher-efficiency equipment through savings in 
the operating cost of the equipment. PBP is calculated by dividing the 
incremental increase in installed cost of the higher efficiency 
equipment, compared to the baseline equipment, by the annual savings in 
operating costs. Chapter 8 of the preliminary TSD addresses the LCC and 
PBP analyses.

E. National Impact Analysis

    The NIA estimates the national energy savings (NES) and the net 
present value (NPV) of total consumer costs and savings expected to 
result from amended standards at specific efficiency levels (referred 
to as candidate standard levels). DOE calculated NES and NPV for each 
candidate standard level for refrigerated beverage vending machines as 
the difference between a base-case forecast (without amended standards) 
and the standards-case forecast (with standards). DOE determined 
national annual energy consumption by multiplying the number of units 
in use (by vintage) by the average unit energy consumption (also by 
vintage). Cumulative energy savings are the sum of the annual NES 
determined for the lifetime of the equipment shipped from 2019 to 2048 
for all equipment classes. The analysis period is 30 years, which is 
consistent with other rulemakings and sufficiently long to cover the 
expected life of the equipment. The analysis period begins in 2019, the 
expected year of compliance with an amended standard. The national NPV 
is the sum over time of the discounted net savings each year, which 
consists of the difference between total operating cost savings and 
increases in total installed costs. Critical inputs to this analysis 
include shipments projections, estimated equipment lifetimes, equipment 
installed costs and operating costs, equipment annual energy 
consumption, the base-case efficiency projection, and discount rates. 
Chapter 10 of the preliminary TSD addresses the National Impact 
Analysis.

[[Page 46382]]

IV. Public Participation

    DOE invites input from the public on all the topics described 
above. The preliminary analytical results are subject to revision 
following further review and input from the public. A complete and 
revised TSD will be made available upon issuance of a NOPR. The final 
rule establishing any amended energy conservation standards will 
contain the final analytical results and will be accompanied by a final 
rule TSD.
    DOE encourages those who wish to participate in the public meeting 
to obtain the preliminary TSD from DOE's Web site and to be prepared to 
discuss its contents. Once again, a copy of the preliminary TSD is 
available at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-
STD-0022. However, public meeting participants need not limit their 
comments to the topics identified by DOE in the preliminary TSD; DOE is 
also interested in receiving views concerning other relevant issues 
that participants believe would affect energy conservation standards 
for this equipment or that DOE should address in the NOPR.
    Furthermore, DOE welcomes all interested parties, regardless of 
whether they participate in the public meeting, to submit in writing by 
October 7, 2014 comments, data, and information on matters addressed in 
the preliminary TSD and on other matters relevant to consideration of 
energy conservation standards for beverage vending machines.
    The public meeting will be conducted in an informal, conference 
style. A court reporter will be present to record the minutes of the 
meeting. There shall be no discussion of proprietary information, costs 
or prices, market shares, or other commercial matters regulated by 
United States antitrust laws.
    After the public meeting and the closing of the comment period, DOE 
will consider all timely-submitted comments and additional information 
obtained from interested parties, as well as information obtained 
through further analyses. Afterwards, the Department will publish 
either a determination that the standards for refrigerated beverage 
vending machines need not be amended or a NOPR proposing to amend those 
standards. The NOPR would include proposed energy conservation 
standards for the equipment covered by the rulemaking, and members of 
the public will be given an opportunity to submit written and oral 
comments on the proposed standards.

A. Attendance at the Public Meeting

    The time and date of the public meeting are listed in the DATES and 
ADDRESSES sections at the beginning of this notice. The public meeting 
will be held at the U.S. Department of Energy, Forrestal Building, GH-
019, 1000 Independence Avenue SW., Washington, DC 20585-0121. To attend 
the public meeting, please notify Ms. Brenda Edwards at (202) 586-2945. 
Any foreign national wishing to participate in the meeting should 
advise DOE of this fact as soon as possible by contacting Ms. Brenda 
Edwards to initiate the necessary procedures.
    You can attend the public meeting via Webinar, and registration 
information, participant instructions, and information about the 
capabilities available to Webinar participants will be published on the 
following Web site: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/73. Participants are responsible for 
ensuring their computer systems are compatible with the Webinar 
software.
    The purpose of the meeting is to receive comments and to help DOE 
understand potential issues associated with this rulemaking. DOE must 
receive requests to speak at the meeting before 5:00 p.m. Tuesday, 
September 2, 2014. DOE must receive a signed original and an electronic 
copy of statements to be given at the public meeting before 5:00 p.m. 
Tuesday, September 9, 2014.

B. Procedure for Submitting Requests to Speak

    Any person who has an interest in today's notice or who is a 
representative of a group or class of persons that has an interest in 
these issues may request an opportunity to make an oral presentation. 
Such persons may hand-deliver requests to speak, along with a computer 
diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) 
file format to Ms. Brenda Edwards at the address shown in the ADDRESSES 
section at the beginning of this notice between 9:00 a.m. and 4:00 p.m. 
Monday through Friday, except Federal holidays. Requests may also be 
sent by mail to the address shown in the ADDRESSES section or email to 
Brenda.Edwards@ee.doe.gov.
    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to be heard to submit an advance 
copy of their statements at least two weeks before the public meeting. 
At its discretion, DOE may permit any person who cannot supply an 
advance copy of their statement to participate, if that person has made 
advance alternative arrangements with the Building Technologies Office. 
The request to give an oral presentation should ask for such 
alternative arrangements.

C. Conduct of the Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also employ a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C. 
6306). A court reporter will record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the public meeting. After the public meeting, interested parties may 
submit further comments on the proceedings as well as on any aspect of 
the rulemaking until the end of the comment period.
    The public meeting will be conducted in an informal, conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within DOE-determined time limits) prior to 
the discussion of specific topics. DOE will permit other participants 
to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions from DOE and other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the public 
meeting will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the public meeting.
    A transcript of the public meeting will be posted on the DOE Web 
site and will also be included in the docket, which can be viewed as 
described in the Docket section at the beginning of this notice. In 
addition, any person may buy a copy of the transcript from the 
transcribing reporter.

[[Page 46383]]

D. Submission of Comments

    DOE will accept comments, data, and other information regarding 
this rulemaking before or after the public meeting, but no later than 
the date provided at the beginning of this notice. Please submit 
comments, data, and other information as provided in the ADDRESSES 
section. Submit electronic comments in WordPerfect, Microsoft Word, 
PDF, or text (ASCII) file format and avoid the use of special 
characters or any form of encryption. Comments in electronic format 
should be identified by the Docket Number EERE-2013-BT-STD-0022 and/or 
RIN 1904-AD00 and, wherever possible, carry the electronic signature of 
the author. No telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document including 
all the information believed to be confidential and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination as to the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) a date upon which such information might lose 
its confidential nature due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this NOPM.

    Issued in Washington, DC, on August 1, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-18799 Filed 8-7-14; 8:45 am]
BILLING CODE 6450-01-P