Energy Conservation Standards for Central Air Conditioners and Heat Pumps: Availability of Provisional Analysis Tools, 52206-52210 [2015-21321]
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52206
Proposed Rules
Federal Register
Vol. 80, No. 167
Friday, August 28, 2015
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 430
[Docket No. EERE–2014–BT–STD–0048]
RIN 1904–AD37
Energy Conservation Standards for
Central Air Conditioners and Heat
Pumps: Availability of Provisional
Analysis Tools
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
AGENCY:
The U.S. Department of
Energy (DOE) has completed a
provisional analysis of the potential
economic impacts and energy savings
that could result from promulgating
amended energy conservation standards
for central air conditioners and heat
pumps. At this time, DOE is not
proposing any energy conservation
standards for central air conditioners
and heat pumps. Instead, this analysis
will be used in support of the Appliance
Standards Federal Rulemaking Advisory
Committee (ASRAC) central air
conditioners and heat pumps working
group, which has been established to
negotiate potential proposed amended
energy conservation standards for
central air conditioners and heat pumps
standards and to discuss certain aspects
of the proposed Federal test procedure.
The analysis for this NODA is available
at: https://www1.eere.energy.gov/
buildings/appliance_standards/
rulemaking.aspx?ruleid=104. DOE
encourages stakeholders to provide any
additional data or information that may
improve the analysis during the course
of the working group meetings.
DATES: DOE will accept comments, data,
and other information regarding this
NODA and its related analyses no later
than December 31, 2015. See section IV,
‘‘Submission of Comments,’’ of this
NODA for further details.
ADDRESSES: Any comments submitted
must identify the NODA on Energy
Conservation Standards for Central Air
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SUMMARY:
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Conditioners and Heat Pumps, and
provide docket number EERE–2014–
BT–STD–0048 and/or Regulatory
Identification Number (RIN) 1904–
AD37. Comments may be submitted
using any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: ASRAC@ee.doe.gov. Include
the docket number and/or RIN in the
subject line of the message. Submit
electronic comments in WordPerfect,
Microsoft Word, PDF, or ASCII file
format, and avoid the use of special
characters or any form of encryption.
3. Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Office, Mailstop EE–5B,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Office, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD, in which case
it is not necessary to include printed
copies.
No telefacsimilies (faxes) will be
accepted. For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section IV of this document
(Submission of Comments).
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
www.regulations.gov. 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.
A link to the docket Web page can be
found at: https://www.regulations.gov/
#!docketDetail;D=EERE-2014-BT-STD0048. 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, ‘‘Submission of
Comments,’’ of this document. For
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further information on how to submit a
comment or review other public
comments and the docket, contact Ms.
Brenda Edwards at (202) 586–2945 or by
email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Antonio Bouza, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–4563. Email:
central air conditioners and heat
pumps@ee.doe.gov.
Mr. Eric Stas or Ms. Johanna
Hariharan, U.S. Department of Energy,
Office of the General Counsel, GC–33,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 5869507 or (202) 287–
6307. Email: Eric.Stas@hq.doe.gov or
Johanna.Hariharan@hq.doe.gov.
For further information on how to
review other public comments and the
docket, contact Ms. Brenda Edwards at
(202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. History of the Energy Conservation
Standards Rulemaking for Central Air
Conditioners and Heat Pumps
A. Background
B. Current Status
III. Summary of the Analyses Performed by
DOE
A. Engineering Analysis
B. Life-Cycle Cost and Payback Period
Analyses
C. National Impact Analysis
D. Manufacturer Impact Analysis
IV. 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, as
amended, (EPCA or the Act), Public Law
94–163 (42 U.S.C. 6291–6309, as
codified) sets forth a variety of
provisions designed to improve energy
efficiency and established the Energy
Conservation Program for Consumer
Products Other Than Automobiles, a
program covering most major household
appliances (collectively referred to as
‘‘covered products’’), which includes
the residential central air conditioners
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
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and heat pumps that are the subject of
this rulemaking.2 (42 U.S.C. 6292(a)(3))
The National Appliance Energy
Conservation Act of 1987 (NAECA),
Public Law 100–12, included
amendments to EPCA that established
the original energy conservation
standards for central air conditioners
and heat pumps. (42 U.S.C. 6295(d)(1)–
(2))
EPCA, as amended, also requires DOE
to conduct two cycles of rulemakings to
determine whether to amend the energy
conservation standards for central air
conditioners and heat pumps. (42 U.S.C.
6295(d)(3)) More recently, EPCA was
amended to require DOE to review the
standards for each of its consumer
products not later than every six years
to determine whether such standards
should be amended. (42 U.S.C.
6295(m)(1)) Under this ‘‘six-yearlookback’’ authority, DOE must publish
a notice of proposed rulemaking (NOPR)
to propose amended standards for
residential central air conditioners and
heat pumps, or a notice of
determination that the existing
standards do not need to be amended.
Id.
EPCA provides criteria for prescribing
amended energy conservation standards
for residential central air conditioners
and heat pumps. More specifically, DOE
is required to consider standards that:
(1) Achieve the maximum improvement
in energy efficiency that is
technologically feasible and
economically justified; and (2) result in
significant conservation of energy. (42
U.S.C. 6295(o)(2)(A) and (o)(3)(B)) To
determine whether a proposed standard
is economically justified, DOE will, after
receiving comments on the proposed
standard, determine whether the
benefits of the standard exceed its
burdens by, to the greatest extent
practicable, considering the following
seven factors:
1. The economic impact of the standard on
manufacturers and consumers of
products subject to the standard;
2. The savings in operating costs throughout
the estimated average life of the covered
products in the type (or class) compared
to any increase in the price, initial
charges, or maintenance expenses for the
covered products which are likely to
result from the 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;
2 All referenced to EPCA in this document refer
to the statute as amended through the Energy
Efficiency Improvement Act of 2015 (EEIA 2015),
Public Law 114–11 (April 30, 2015).
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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 also directs 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 product 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 product at issue and the results
of preliminary analyses DOE performed
for the product. This notice announces
the availability of the preliminary
analysis of the economic impacts and
energy savings of potential amended
energy conservation standards.
II. History of the Energy Conservation
Standards Rulemaking for Central Air
Conditioners and Heat Pumps
A. Background
As noted above, EPCA, as amended,
established energy conservation
standards for central air conditioners
and heat pumps, as well as
requirements for DOE to conduct two
cycles of rulemaking to determine
whether these standards should be
amended. (42 U.S.C. 6295(d)(1)–(3)) The
first cycle culminated in a final rule
published in the Federal Register on
August 17, 2004 (the August 2004 Rule),
which prescribed energy conservation
standards for central air conditioners
and heat pumps manufactured or
imported on and after January 23, 2006.
69 FR 50997. DOE completed the
second of the two rulemaking cycles by
publishing a direct final rule on June 27,
2011 (2011 Direct Final Rule). 76 FR
37408. The 2011 Direct Final Rule (2011
DFR) amended standards for central air
conditioners and heat pumps
manufactured or imported on or after
January 1, 2015.
Pursuant to the EPCA’s six-year
review requirement under 42 U.S.C.
6295(m)(1), DOE must publish a notice
of proposed rulemaking to propose
amended standards for residential air
conditioners and heat pumps, or a
notice of determination that the existing
standards do not need to be amended,
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by June 6, 2017 (i.e., the date six years
after issuance of the last amended
standards for these products). In
furtherance of this process, DOE
published a request for information
(‘‘the RFI’’) regarding central air
conditioners and heat pumps on
November 5, 2014. 79 FR 65603. DOE
published the RFI to solicit comments
on whether to amend the current energy
conservation standards for residential
central air conditioner and heat pump
products. The RFI also described the
procedural and analytical approaches
that DOE anticipated to use in order to
evaluate energy conservation standards
for central air conditioners and heat
pumps.
B. Current Status
The analyses described in this NODA
were developed to support a potential
energy conservation standard for central
air conditioners and heat pumps. The
Appliance Standards and Rulemaking
Federal Advisory Committee (ASRAC)
recently established a working group in
accordance with the Federal Advisory
Committee Act (FACA) and the
Negotiated Rulemaking Act (NRA) to
negotiate proposed amended energy
conservation standards for central air
conditioners and heat pumps standards
and to discuss certain aspects of the
proposed Federal test procedure. 80 FR
40938 (July 14, 2015) The purpose of the
working group will be to discuss and, if
possible, reach consensus on a proposed
rule for amended energy conservation
standards for central air conditioners
and heat pumps and provide
recommendations to DOE regarding
certain aspects of the proposed test
procedure. The working group consists
of representatives of parties having a
defined stake in the outcome of the
proposed standards and amended test
procedure, and will consult as
appropriate with a range of experts on
technical issues.
To examine these issues, and others
as necessary, DOE will provide to all
parties in the negotiation data and an
analytical framework complete and
accurate enough to support their
deliberations. DOE is publishing this
analysis to inform a prospective
negotiation.
In this NODA, DOE is not proposing
any energy conservation standards for
central air conditioners and heat pumps.
DOE may revise the analyses presented
in this NODA based on any new or
updated information or data it obtains
during the course of the negotiations.
DOE encourages interested parties to
provide any additional data or
information that may improve the
analysis.
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III. Summary of the Analyses
Performed by DOE
DOE conducted provisional analyses
of central air conditioners and heat
pumps in the following areas: (1)
Engineering; (2) consumer impacts (lifecycle cost and payback period); (3)
national impacts (including energy
savings); and (4) manufacturer impacts.
The tools used in preparing these
analyses and their respective results are
available at: https://www.regulations.gov/
#!docketDetail;D=EERE-2014-BT-STD0048. Each individual spreadsheet
includes an introduction that provides
an overview of the contents of the
spreadsheet. These spreadsheets present
the various inputs and outputs to the
analysis and, where necessary,
instructions. Brief descriptions of the
provisional analyses and of the
supporting spreadsheet tools are
provided below.
DOE also prepared a technical
support document (TSD) containing a
detailed written account of the
provisional analyses and the results
generated from these analyses, which
are described for the four major anlyses
below. The TSD is available at: https://
www.regulations.gov/
#!docketDetail;D=EERE-2014-BT-STD0048.
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A. Engineering Analysis
The engineering analysis establishes
the relationship between the
manufacturer production cost (MPC)
and efficiency levels of central air
conditioners and heat pumps. This
relationship serves as the basis for
calculations performed in the other
analytical tools to estimate the costs and
benefits to individual consumers,
manufacturers, and the Nation. The
engineering analysis identifies
representative baseline products, which
is the starting point for analyzing
technologies that provide energy
efficiency improvements. ‘‘Baseline
product’’ refers to a model or models
having features and technologies
typically found in minimally-efficient
products currently available on the
market and, for products already subject
to energy conservation standards, a
model that just meets the current
standard. 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.
B. Life-Cycle Cost and Payback Period
Analyses
The LCC and PBP analyses determine
the economic impact of potential
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standards on individual consumers,
starting in the compliance year. The
LCC is the total cost of purchasing,
installing, and operating a central air
conditioner or heat pump over the
course of its lifetime. The LCC analysis
compares the LCCs of products designed
to meet possible energy conservation
standards with the LCC of the product
likely to be installed in the absence of
standards. DOE determines the LCC by
considering: (1) The total installed cost
to the consumer (which consists of
manufacturer selling price, distribution
channel markups, installation costs, and
sales taxes); (2) the range of annual
energy consumption of central air
conditioners and heat pumps as they are
used in the field; (3) the operating and
maintenance costs of central air
conditioners and heat pumps (e.g.,
energy cost); (4) product lifetime; and
(5) 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
costs) of higher-efficiency central air
conditioners and heat pumps through
savings in the operating cost. PBP is
calculated by dividing the incremental
increase in installed cost of the higherefficiency product, compared to the
baseline product, by the annual savings
in operating costs.
For each considered standards case
corresponding to each efficiency level,
DOE measures the change in LCC
relative to the no-standards case, which
reflects the market in the absence of
amended energy conservation
standards, including market trends for
products that exceed the current energy
conservation standards.
DOE developed nationallyrepresentative household samples for
central air conditioners and heat pumps
from the 2009 residential energy
consumption survey (RECS). DOE
analyzed the net effect of potential
amended central air conditioner and
heat pump standards on consumers by
calculating the LCC savings and PBP for
each household by efficiency level.
Inputs to the LCC calculation include
the installed cost to the consumer
(purchase price, including sales tax
where appropriate, plus installation
cost), operating costs (energy expenses,
repair costs, and maintenance costs), the
lifetime of the product, and a discount
rate. Inputs to the payback period
calculation include the installed cost to
the consumer and first-year operating
costs.
DOE performed the LCC and PBP
analyses using a spreadsheet model
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combined with Crystal Ball 3 to account
for uncertainty and variability among
the input variables. Each Monte Carlo
simulation consists of 10,000 LCC and
PBP calculations using input values that
are either sampled from probability
distributions and household samples or
characterized with single-point values.
The analytical results include a
distribution of 10,000 data points
showing the range of LCC savings for a
given efficiency level relative to the nostandards-case efficiency distribution.
In performing an iteration of the Monte
Carlo simulation for a given consumer,
product efficiency is chosen based on its
probability. If the chosen product
efficiency is greater than or equal to the
efficiency of the standard level under
consideration, the LCC and PBP
calculation reveals that a consumer is
not impacted by the standard level. By
accounting for consumers who already
purchase more-efficient products, DOE
avoids overstating the potential benefits
from increasing product efficiency
through amended energy conservation
standards.
For each potential standard level, the
primary outputs of the LCC and PBP
analyses are: (1) Average LCC; (2)
average PBPs; (3) average LCC savings
relative to the no-new-standards case;
and (4) the percentage of consumers that
experience a net cost.
C. National Impact Analysis
The national impacts analysis (NIA)
estimates the national energy savings
(NES) and the net present value (NPV)
of total consumer costs and savings
expected to result from potential
amended standards. DOE calculated
NES and NPV for central air
conditioners and heat pumps as the
difference between a case without
amended standards and each standards
case.
DOE calculated the national annual
energy consumption for each case using
the appropriate per-unit annual energy
use data multiplied by the projected
central air conditioner and heat pump
shipments for each year. Cumulative
energy savings are the sum of the annual
NES determined for the lifetime of
central air conditioner or heat pumps
shipped during a 30-year period
assumed to start in the expected
compliance year. The analysis period is
30 years, which is consistent with other
3 Crystal Ball is a commercial software program
used to conduct stochastic analysis using Monte
Carlo simulation. A Monte Carlo simulation uses
random sampling over many iterations of the
simulation to obtain a probability distribution of
results. Certain key inputs to the analysis are
defined as probability distributions rather than
single-point values.
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rulemakings and sufficiently long to
cover the expected life of the product.
Energy savings include the full-fuelcycle energy savings (i.e., the energy
needed to extract, process, and deliver
primary fuel sources such as coal and
natural gas, and the conversion and
distribution losses of generating
electricity from those fuel sources).
To develop the national NPV of
consumer benefits from potential energy
conservation standards, DOE calculated
projected annual operating costs (energy
costs and repair and maintenance costs)
and annual installation costs for the nonew-standards case and the standards
cases. DOE calculated annual energy
expenditures from annual energy
consumption using forecasted energy
prices (based on the Energy Information
Administration’s most recent Annual
Energy Outlook) in each year. DOE
calculated annual product expenditures
by multiplying the price per unit times
the projected shipments in each year.
The aggregate difference each year
between operating cost savings and
increased installation costs is the net
savings or net costs. DOE multiplies the
net savings in future years by a discount
factor to determine their present value.
The national NPV is the sum over time
of the discounted net savings each year.
Critical inputs to this analysis include
shipments projections, estimated
product lifetimes, product installed
costs and operating costs, product
annual energy consumption, the nonew-standard-case efficiency projection,
and discount rates. DOE estimates the
NPV of consumer benefits using both a
3-percent and a 7-percent real discount
rate, in accordance with guidance
provided by the Office of Management
and Budget (OMB) to Federal agencies
on the development of regulatory
analysis.4
D. Manufacturer Impact Analysis
DOE performed a manufacturer
impact analysis (MIA) to estimate the
potential financial impact of potential
amended energy conservation standards
on manufacturers of central air
conditioners and heat pumps. The MIA
relied on the Government Regulatory
Impact Model (GRIM), an industry cashflow model used to estimate changes in
industry value as a result of amended
energy conservation standards. The
primary quantitative output of this
model is the industry net present value
(INPV), which DOE calculates as the
sum of industry annual cash flows,
4 Office of Management and Budget, OMB
Circular A–4, section E, Identifying and Measuring
Benefits and Costs (2003) (Available at: https://
www.whitehouse.gov/omb/memoranda/m0321.html).
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IV. Submission of Comments
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discounted to the present day using an
industry-specific weighted average cost
of capital, or manufacturer discount
rate. The GRIM estimates the impacts of
more-stringent energy conservation
standards on the industry by comparing
changes in INPV between a no-newstandards case and standards cases.
Key GRIM inputs include
manufacturer production cost estimates
from the Engineering Analysis and
annual shipments forecast estimates
from the National Impact Analysis. As
part of the MIA, DOE also develops an
analysis of industry financial
parameters (e.g., average industry tax
rate, working capital rate, research and
development expense rate, depreciation
rate) and estimates conversion costs
manufacturers would likely incur in
order to comply with amended
standards.
Additionally, DOE develops multiple
manufacturer markup scenarios in order
to capture uncertainty surrounding
manufacturer pricing strategy following
amended standards. For the central air
conditioner and heat pump industry,
DOE modeled three standards-case
markup scenarios: (1) A preservation of
baseline markup scenario; (2) a
preservation of per-unit operating profit
markup scenario; and (3) a tiered
markup scenario. These scenarios result
in varying revenue and cash flow
impacts.
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‘‘non-confidential’’ with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about 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 that would result
from public disclosure; (6) when such
information might lose its confidential
character due to the passage of time; and
(7) why disclosure of the information
would be contrary to the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this NODA.
VerDate Sep<11>2014
12:57 Aug 27, 2015
Jkt 235001
Issued in Washington, DC, on August 21,
2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2015–21321 Filed 8–27–15; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket Number EERE–2014–BT–STD–
0027]
RIN 1904–AD31
Energy Conservation Program for
Consumer Products: Energy
Conservation Standards for
Commercial Prerinse Spray Valves
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Extension of public comment
period.
AGENCY:
This document announces an
extension of the time period for
submitting comments, data, and
information concerning the notice of
proposed rulemaking for commercial
prerinse spray valves, published on July
9, 2015. The comment period is
extended to September 22, 2015.
DATES: The comment period for the
notice of proposed rulemaking for
commercial prerinse spray valves,
published on July 9, 2015 (80 FR 39486)
is extended to September 22, 2015.
ADDRESSES: Interested persons may
submit comments by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
SprayValves20104STD0027@ee.doe.gov.
Include EERE–2014–BT–STD–0027
and/or regulation identifier number
(RIN) 1904–AD31 in the subject line of
the message. All comments should
clearly identify the name, address, and,
if appropriate, organization of the
commenter. Submit electronic
comments in WordPerfect, Microsoft
Word, portable data format (PDF), or
American Standard Code for
Information Interchange (ASCII) file
format, and avoid the use of special
characters or any form of encryption.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–5B,
Notice of Proposed Rulemaking for
Commercial Prerinse Spray Valves,
EERE–2014–BT–STD–0027 and/or RIN
SUMMARY:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
1904–AD31, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Phone: (202) 586–2945. 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 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 Office, 6th Floor,
950 L’Enfant Plaza SW., Washington,
DC 20024. Phone: (202) 586–2945. If
possible, please submit all items on a
CD, in which case it is not necessary to
include printed copies.
All submissions received must
include docket number EERE–2014–BT–
STD–0027 and/or regulatory
identification number (RIN) 1904–
AD31.
Docket: The docket is available for
review at https://www.regulations.gov,
and will include Federal Register
notices, framework document, notice of
proposed rulemaking, public meeting
attendee lists and transcripts,
comments, and other supporting
documents/materials throughout the
rulemaking process. The regulations.gov
Web page contains simple instructions
about how to access all documents,
including public comments, in the
docket. The docket can be accessed by
searching for docket number EERE–
2014–BT–STD–0027 on the
regulations.gov Web site. All documents
in the docket are listed in the https://
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
FOR FURTHER INFORMATION CONTACT: Mr.
James Raba, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–5B, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–8654. Email:
commercial_pre-rinse-spray_valves@
ee.doe.gov.
In the Office of General Counsel,
contact Mr. Peter Cochran, U.S.
Department of Energy, Office of the
General Counsel, GC–33, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–9496. Email:
Peter.Cochran@hq.doe.gov.
SUPPLEMENTARY INFORMATION: On July 9,
2015, the U.S. Department of Energy
(DOE) published a document in the
Federal Register proposing amended
energy conservation standards for
commercial prerinse spray valves. The
E:\FR\FM\28AUP1.SGM
28AUP1
Agencies
[Federal Register Volume 80, Number 167 (Friday, August 28, 2015)]
[Proposed Rules]
[Pages 52206-52210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-21321]
========================================================================
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. 80, No. 167 / Friday, August 28, 2015 /
Proposed Rules
[[Page 52206]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2014-BT-STD-0048]
RIN 1904-AD37
Energy Conservation Standards for Central Air Conditioners and
Heat Pumps: Availability of Provisional Analysis Tools
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) has completed a
provisional analysis of the potential economic impacts and energy
savings that could result from promulgating amended energy conservation
standards for central air conditioners and heat pumps. At this time,
DOE is not proposing any energy conservation standards for central air
conditioners and heat pumps. Instead, this analysis will be used in
support of the Appliance Standards Federal Rulemaking Advisory
Committee (ASRAC) central air conditioners and heat pumps working
group, which has been established to negotiate potential proposed
amended energy conservation standards for central air conditioners and
heat pumps standards and to discuss certain aspects of the proposed
Federal test procedure. The analysis for this NODA is available at:
https://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=104. DOE encourages stakeholders to provide any
additional data or information that may improve the analysis during the
course of the working group meetings.
DATES: DOE will accept comments, data, and other information regarding
this NODA and its related analyses no later than December 31, 2015. See
section IV, ``Submission of Comments,'' of this NODA for further
details.
ADDRESSES: Any comments submitted must identify the NODA on Energy
Conservation Standards for Central Air Conditioners and Heat Pumps, and
provide docket number EERE-2014-BT-STD-0048 and/or Regulatory
Identification Number (RIN) 1904-AD37. Comments may be submitted using
any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: ASRAC@ee.doe.gov. Include the docket number and/or RIN in
the subject line of the message. Submit electronic comments in
WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the
use of special characters or any form of encryption.
3. Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Office, Mailstop EE-5B, 1000 Independence Avenue
SW., Washington, DC 20585-0121. If possible, please submit all items on
a compact disc (CD), in which case it is not necessary to include
printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
No telefacsimilies (faxes) will be accepted. For detailed
instructions on submitting comments and additional information on the
rulemaking process, see section IV of this document (Submission of
Comments).
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. 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.
A link to the docket Web page can be found at: https://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0048. 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, ``Submission of
Comments,'' of this document. For further information on how to submit
a comment or review other public comments and the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Antonio Bouza, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Office, EE-5B, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 586-4563. Email: central air
conditioners and heat pumps@ee.doe.gov.
Mr. Eric Stas or Ms. Johanna Hariharan, U.S. Department of Energy,
Office of the General Counsel, GC-33, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. Telephone: (202) 5869507 or (202) 287-6307.
Email: Eric.Stas@hq.doe.gov or Johanna.Hariharan@hq.doe.gov.
For further information on how to review other public comments and
the docket, contact Ms. Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. History of the Energy Conservation Standards Rulemaking for
Central Air Conditioners and Heat Pumps
A. Background
B. Current Status
III. Summary of the Analyses Performed by DOE
A. Engineering Analysis
B. Life-Cycle Cost and Payback Period Analyses
C. National Impact Analysis
D. Manufacturer Impact Analysis
IV. 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, as amended, (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to
improve energy efficiency and established the Energy Conservation
Program for Consumer Products Other Than Automobiles, a program
covering most major household appliances (collectively referred to as
``covered products''), which includes the residential central air
conditioners
[[Page 52207]]
and heat pumps that are the subject of this rulemaking.\2\ (42 U.S.C.
6292(a)(3))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ All referenced to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act of 2015
(EEIA 2015), Public Law 114-11 (April 30, 2015).
---------------------------------------------------------------------------
The National Appliance Energy Conservation Act of 1987 (NAECA),
Public Law 100-12, included amendments to EPCA that established the
original energy conservation standards for central air conditioners and
heat pumps. (42 U.S.C. 6295(d)(1)-(2))
EPCA, as amended, also requires DOE to conduct two cycles of
rulemakings to determine whether to amend the energy conservation
standards for central air conditioners and heat pumps. (42 U.S.C.
6295(d)(3)) More recently, EPCA was amended to require DOE to review
the standards for each of its consumer products not later than every
six years to determine whether such standards should be amended. (42
U.S.C. 6295(m)(1)) Under this ``six-year-lookback'' authority, DOE must
publish a notice of proposed rulemaking (NOPR) to propose amended
standards for residential central air conditioners and heat pumps, or a
notice of determination that the existing standards do not need to be
amended. Id.
EPCA provides criteria for prescribing amended energy conservation
standards for residential central air conditioners and heat pumps. More
specifically, DOE is required to consider standards that: (1) Achieve
the maximum improvement in energy efficiency that is technologically
feasible and economically justified; and (2) result in significant
conservation of energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)(B)) To
determine whether a proposed standard is economically justified, DOE
will, after receiving comments on the proposed standard, determine
whether the benefits of the standard exceed its burdens by, to the
greatest extent practicable, considering the following seven factors:
1. The economic impact of the standard on manufacturers and
consumers of products subject to the standard;
2. The savings in operating costs throughout the estimated average
life of the covered products in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for
the covered products which are likely to result from the 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 also directs 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 product 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 product at issue and the results of
preliminary analyses DOE performed for the product. This notice
announces the availability of the preliminary analysis of the economic
impacts and energy savings of potential amended energy conservation
standards.
II. History of the Energy Conservation Standards Rulemaking for Central
Air Conditioners and Heat Pumps
A. Background
As noted above, EPCA, as amended, established energy conservation
standards for central air conditioners and heat pumps, as well as
requirements for DOE to conduct two cycles of rulemaking to determine
whether these standards should be amended. (42 U.S.C. 6295(d)(1)-(3))
The first cycle culminated in a final rule published in the Federal
Register on August 17, 2004 (the August 2004 Rule), which prescribed
energy conservation standards for central air conditioners and heat
pumps manufactured or imported on and after January 23, 2006. 69 FR
50997. DOE completed the second of the two rulemaking cycles by
publishing a direct final rule on June 27, 2011 (2011 Direct Final
Rule). 76 FR 37408. The 2011 Direct Final Rule (2011 DFR) amended
standards for central air conditioners and heat pumps manufactured or
imported on or after January 1, 2015.
Pursuant to the EPCA's six-year review requirement under 42 U.S.C.
6295(m)(1), DOE must publish a notice of proposed rulemaking to propose
amended standards for residential air conditioners and heat pumps, or a
notice of determination that the existing standards do not need to be
amended, by June 6, 2017 (i.e., the date six years after issuance of
the last amended standards for these products). In furtherance of this
process, DOE published a request for information (``the RFI'')
regarding central air conditioners and heat pumps on November 5, 2014.
79 FR 65603. DOE published the RFI to solicit comments on whether to
amend the current energy conservation standards for residential central
air conditioner and heat pump products. The RFI also described the
procedural and analytical approaches that DOE anticipated to use in
order to evaluate energy conservation standards for central air
conditioners and heat pumps.
B. Current Status
The analyses described in this NODA were developed to support a
potential energy conservation standard for central air conditioners and
heat pumps. The Appliance Standards and Rulemaking Federal Advisory
Committee (ASRAC) recently established a working group in accordance
with the Federal Advisory Committee Act (FACA) and the Negotiated
Rulemaking Act (NRA) to negotiate proposed amended energy conservation
standards for central air conditioners and heat pumps standards and to
discuss certain aspects of the proposed Federal test procedure. 80 FR
40938 (July 14, 2015) The purpose of the working group will be to
discuss and, if possible, reach consensus on a proposed rule for
amended energy conservation standards for central air conditioners and
heat pumps and provide recommendations to DOE regarding certain aspects
of the proposed test procedure. The working group consists of
representatives of parties having a defined stake in the outcome of the
proposed standards and amended test procedure, and will consult as
appropriate with a range of experts on technical issues.
To examine these issues, and others as necessary, DOE will provide
to all parties in the negotiation data and an analytical framework
complete and accurate enough to support their deliberations. DOE is
publishing this analysis to inform a prospective negotiation.
In this NODA, DOE is not proposing any energy conservation
standards for central air conditioners and heat pumps. DOE may revise
the analyses presented in this NODA based on any new or updated
information or data it obtains during the course of the negotiations.
DOE encourages interested parties to provide any additional data or
information that may improve the analysis.
[[Page 52208]]
III. Summary of the Analyses Performed by DOE
DOE conducted provisional analyses of central air conditioners and
heat pumps in the following areas: (1) Engineering; (2) consumer
impacts (life-cycle cost and payback period); (3) national impacts
(including energy savings); and (4) manufacturer impacts. The tools
used in preparing these analyses and their respective results are
available at: https://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-
STD-0048. Each individual spreadsheet includes an introduction that
provides an overview of the contents of the spreadsheet. These
spreadsheets present the various inputs and outputs to the analysis
and, where necessary, instructions. Brief descriptions of the
provisional analyses and of the supporting spreadsheet tools are
provided below.
DOE also prepared a technical support document (TSD) containing a
detailed written account of the provisional analyses and the results
generated from these analyses, which are described for the four major
anlyses below. The TSD is available at: https://www.regulations.gov/#!docketDetail;D=EERE-2014-BT-STD-0048.
A. Engineering Analysis
The engineering analysis establishes the relationship between the
manufacturer production cost (MPC) and efficiency levels of central air
conditioners and heat pumps. This relationship serves as the basis for
calculations performed in the other analytical tools to estimate the
costs and benefits to individual consumers, manufacturers, and the
Nation. The engineering analysis identifies representative baseline
products, which is the starting point for analyzing technologies that
provide energy efficiency improvements. ``Baseline product'' refers to
a model or models having features and technologies typically found in
minimally-efficient products currently available on the market and, for
products already subject to energy conservation standards, a model that
just meets the current standard. 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.
B. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual consumers, starting in the compliance year. The
LCC is the total cost of purchasing, installing, and operating a
central air conditioner or heat pump over the course of its lifetime.
The LCC analysis compares the LCCs of products designed to meet
possible energy conservation standards with the LCC of the product
likely to be installed in the absence of standards. DOE determines the
LCC by considering: (1) The total installed cost to the consumer (which
consists of manufacturer selling price, distribution channel markups,
installation costs, and sales taxes); (2) the range of annual energy
consumption of central air conditioners and heat pumps as they are used
in the field; (3) the operating and maintenance costs of central air
conditioners and heat pumps (e.g., energy cost); (4) product lifetime;
and (5) 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 costs) of higher-
efficiency central air conditioners and heat pumps through savings in
the operating cost. PBP is calculated by dividing the incremental
increase in installed cost of the higher-efficiency product, compared
to the baseline product, by the annual savings in operating costs.
For each considered standards case corresponding to each efficiency
level, DOE measures the change in LCC relative to the no-standards
case, which reflects the market in the absence of amended energy
conservation standards, including market trends for products that
exceed the current energy conservation standards.
DOE developed nationally-representative household samples for
central air conditioners and heat pumps from the 2009 residential
energy consumption survey (RECS). DOE analyzed the net effect of
potential amended central air conditioner and heat pump standards on
consumers by calculating the LCC savings and PBP for each household by
efficiency level. Inputs to the LCC calculation include the installed
cost to the consumer (purchase price, including sales tax where
appropriate, plus installation cost), operating costs (energy expenses,
repair costs, and maintenance costs), the lifetime of the product, and
a discount rate. Inputs to the payback period calculation include the
installed cost to the consumer and first-year operating costs.
DOE performed the LCC and PBP analyses using a spreadsheet model
combined with Crystal Ball \3\ to account for uncertainty and
variability among the input variables. Each Monte Carlo simulation
consists of 10,000 LCC and PBP calculations using input values that are
either sampled from probability distributions and household samples or
characterized with single-point values. The analytical results include
a distribution of 10,000 data points showing the range of LCC savings
for a given efficiency level relative to the no-standards-case
efficiency distribution. In performing an iteration of the Monte Carlo
simulation for a given consumer, product efficiency is chosen based on
its probability. If the chosen product efficiency is greater than or
equal to the efficiency of the standard level under consideration, the
LCC and PBP calculation reveals that a consumer is not impacted by the
standard level. By accounting for consumers who already purchase more-
efficient products, DOE avoids overstating the potential benefits from
increasing product efficiency through amended energy conservation
standards.
---------------------------------------------------------------------------
\3\ Crystal Ball is a commercial software program used to
conduct stochastic analysis using Monte Carlo simulation. A Monte
Carlo simulation uses random sampling over many iterations of the
simulation to obtain a probability distribution of results. Certain
key inputs to the analysis are defined as probability distributions
rather than single-point values.
---------------------------------------------------------------------------
For each potential standard level, the primary outputs of the LCC
and PBP analyses are: (1) Average LCC; (2) average PBPs; (3) average
LCC savings relative to the no-new-standards case; and (4) the
percentage of consumers that experience a net cost.
C. National Impact Analysis
The national impacts analysis (NIA) estimates the national energy
savings (NES) and the net present value (NPV) of total consumer costs
and savings expected to result from potential amended standards. DOE
calculated NES and NPV for central air conditioners and heat pumps as
the difference between a case without amended standards and each
standards case.
DOE calculated the national annual energy consumption for each case
using the appropriate per-unit annual energy use data multiplied by the
projected central air conditioner and heat pump shipments for each
year. Cumulative energy savings are the sum of the annual NES
determined for the lifetime of central air conditioner or heat pumps
shipped during a 30-year period assumed to start in the expected
compliance year. The analysis period is 30 years, which is consistent
with other
[[Page 52209]]
rulemakings and sufficiently long to cover the expected life of the
product. Energy savings include the full-fuel-cycle energy savings
(i.e., the energy needed to extract, process, and deliver primary fuel
sources such as coal and natural gas, and the conversion and
distribution losses of generating electricity from those fuel sources).
To develop the national NPV of consumer benefits from potential
energy conservation standards, DOE calculated projected annual
operating costs (energy costs and repair and maintenance costs) and
annual installation costs for the no-new-standards case and the
standards cases. DOE calculated annual energy expenditures from annual
energy consumption using forecasted energy prices (based on the Energy
Information Administration's most recent Annual Energy Outlook) in each
year. DOE calculated annual product expenditures by multiplying the
price per unit times the projected shipments in each year.
The aggregate difference each year between operating cost savings
and increased installation costs is the net savings or net costs. DOE
multiplies the net savings in future years by a discount factor to
determine their present value. The national NPV is the sum over time of
the discounted net savings each year. Critical inputs to this analysis
include shipments projections, estimated product lifetimes, product
installed costs and operating costs, product annual energy consumption,
the no-new-standard-case efficiency projection, and discount rates. DOE
estimates the NPV of consumer benefits using both a 3-percent and a 7-
percent real discount rate, in accordance with guidance provided by the
Office of Management and Budget (OMB) to Federal agencies on the
development of regulatory analysis.\4\
---------------------------------------------------------------------------
\4\ Office of Management and Budget, OMB Circular A-4, section
E, Identifying and Measuring Benefits and Costs (2003) (Available
at: https://www.whitehouse.gov/omb/memoranda/m03-21.html).
---------------------------------------------------------------------------
D. Manufacturer Impact Analysis
DOE performed a manufacturer impact analysis (MIA) to estimate the
potential financial impact of potential amended energy conservation
standards on manufacturers of central air conditioners and heat pumps.
The MIA relied on the Government Regulatory Impact Model (GRIM), an
industry cash-flow model used to estimate changes in industry value as
a result of amended energy conservation standards. The primary
quantitative output of this model is the industry net present value
(INPV), which DOE calculates as the sum of industry annual cash flows,
discounted to the present day using an industry-specific weighted
average cost of capital, or manufacturer discount rate. The GRIM
estimates the impacts of more-stringent energy conservation standards
on the industry by comparing changes in INPV between a no-new-standards
case and standards cases.
Key GRIM inputs include manufacturer production cost estimates from
the Engineering Analysis and annual shipments forecast estimates from
the National Impact Analysis. As part of the MIA, DOE also develops an
analysis of industry financial parameters (e.g., average industry tax
rate, working capital rate, research and development expense rate,
depreciation rate) and estimates conversion costs manufacturers would
likely incur in order to comply with amended standards.
Additionally, DOE develops multiple manufacturer markup scenarios
in order to capture uncertainty surrounding manufacturer pricing
strategy following amended standards. For the central air conditioner
and heat pump industry, DOE modeled three standards-case markup
scenarios: (1) A preservation of baseline markup scenario; (2) a
preservation of per-unit operating profit markup scenario; and (3) a
tiered markup scenario. These scenarios result in varying revenue and
cash flow impacts.
IV. Submission of Comments
DOE will accept comments, data, and information regarding all of
the analyses described above, but no later than the date provided in
the DATES section at the beginning of this NODA. Interested parties may
submit comments, data, and any other information using any of the
methods described in the ADDRESSES section at the beginning of this
document.
Submitting comments via www.regulations.gov. The
www.regulations.gov Web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment itself or in any documents attached to your
comment. Any information that you do not want to be publicly viewable
should not be included in your comment, nor in any document attached to
your comment. Otherwise, persons viewing comments will see only first
and last names, organization names, correspondence containing comments,
and any documents submitted with the comments.
Do not submit to www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (CBI)). Comments submitted through
www.regulations.gov cannot be claimed as CBI. Comments received through
the Web site will waive any CBI claims for the information submitted.
For information on submitting CBI, see the Confidential Business
Information section below.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery/courier, or mail.
Comments and documents submitted via email, hand delivery/courier, or
mail also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery/courier, please provide all items on a CD, if feasible, in
which case it is not necessary to submit printed copies. No
telefacsimiles (faxes) will be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and
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that are free of any defects or viruses. Documents should not contain
special characters or any form of encryption and, if possible, they
should carry the electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form latter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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 via
email, postal mail, or hand delivery/courier two well-marked copies:
one copy of the document marked ``confidential'' including all the
information believed to be confidential, and one copy of the document
marked ``non-confidential'' with the information believed to be
confidential deleted. Submit these documents via email or on a CD, if
feasible. DOE will make its own determination about 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 that would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this NODA.
Issued in Washington, DC, on August 21, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2015-21321 Filed 8-27-15; 8:45 am]
BILLING CODE 6450-01-P