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