Energy Conservation Standards for Pool Heaters, 65169-65173 [2015-27203]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Proposed Rules]
[Pages 65169-65173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27203]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / 
Proposed Rules

[[Page 65169]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2015-BT-STD-0003]
RIN 1904-AD49


Energy Conservation Standards for Pool Heaters

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

ACTION: Notice of data availability (NODA).

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SUMMARY: The U.S. Department of Energy (DOE) has completed a 
preliminary analysis for purposes of considering energy conservation 
standards for electric pool heaters. At this time, DOE is not proposing 
energy conservation standards for electric pool heaters. However, it is 
publishing this analysis so stakeholders can review the analysis's 
output and the underlining assumptions and calculations that might 
ultimately support a proposed standard. DOE encourages stakeholders to 
provide any additional data or information that may improve the 
analysis. The analysis is now publicly available at on the DOE Web 
site.

DATES: DOE will accept comments, data, and other information regarding 
this rulemaking no later than December 10, 2015. See section IV, 
``Public Participation,'' of this document for details.

ADDRESSES: The direct heating equipment and pool heater docket (EERE-
2015-BT-STD-0003) is available for review at www.regulations.gov. It 
includes relevant Federal Register notices, the Request for 
Information, public comments, and other relevant 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 www.regulations.gov Web page contains instructions on how to access 
all documents in the docket, including public comments.
    Also, the DOE Web page for pool heaters (which includes additional 
information about existing standards and test procedures, and the 
history and impacts of previous DOE regulatory actions for these 
products) may be viewed at https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/47 and contains links to the 
aforementioned docket.
    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 or to 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. John Cymbalsky, 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) 
287-1692. Email: John.Cymbalsky@ee.doe.gov.
Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: Sarah.Butler@hq.doe.gov.

    For information on how to submit or review public comments, contact 
Ms. Brenda Edwards, 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) 
586-2945. Email: Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. History of Energy Conservation Standards Rulemaking for Pool 
Heaters
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
    A. Market and Technology Assessment
    B. Engineering Analysis
    C. Markups To Determine Commercial Consumer Prices
    D. Energy Use Analysis
    E. Life-Cycle Cost and Payback Period Analyses
    F. National Impact Analysis
IV. Public Participation
    A. 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'' or ``the Act''), Public Law 94-163 (codified at 42 
U.S.C. 6291-6309) sets forth a variety of provisions designed to 
improve energy efficiency and establishes the Energy Conservation 
Program for Consumer Products Other Than Automobiles.\2\ This program 
includes most major household appliances (collectively referred to as 
``covered products''), including the two covered products that are the 
subject of this rulemaking process: Direct heating equipment (DHE) and 
pool heaters.\3\ (42 U.S.C. 6292(a)(9) and (11)) Under EPCA, this 
energy conservation program generally consists of four parts: (1) 
Testing; (2) labeling; (3) establishing Federal energy conservation 
standards; and (4) certification and enforcement procedures.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated as Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the Energy Efficiency Improvement Act, Public Law 
114-11 (April 30, 2015).
    \3\ A ``pool heater'' means ``an appliance designed for heating 
nonpotable water contained at atmospheric pressure, including 
heating water in swimming pools, spas, hot tubs and similar 
application.'' (42 U.S.C. 6291(25)) This definition of coverage does 
not specify a fuel type, and so electric pool heaters are considered 
to be covered products under EPCA even though energy conservation 
standards are not currently established.
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    EPCA prescribes specific energy conservation standards for pool 
heaters and direct heating equipment. (42 U.S.C. 6295(e)(2), (3)) EPCA 
directed DOE to conduct two cycles of rulemakings to determine whether 
to amend its standards for direct heating equipment and pool heaters. 
(42 U.S.C. 6295(e)(4)) The statute further requires DOE to publish a 
notice of proposed rulemaking including new proposed standards or a 
notice of determination that the standards for a product need not be 
amended no later than 6 years after issuance of any final rule 
establishing or amending standards for that product. (42 U.S.C. 
6295(m)(1)) DOE last promulgated a final rule on April 16, 2010, 
amending its energy conservation standards for direct heating equipment 
and pool heaters,

[[Page 65170]]

constituting the first of these two required rulemakings. 75 FR 20112. 
The current rulemaking satisfies the statutory requirements under EPCA 
to conduct a second round of review of the DHE and pool heater 
standards. (42 U.S.C. 6295(e)(4)(B)) Additionally, this rulemaking will 
satisfy the requirement for DOE to publish a notice of proposed 
rulemaking containing proposed standards or a notice of determination 
that the standards for direct heating equipment and pool heaters do not 
need to be amended by April 16, 2016. (42 U.S.C. 6295(m)(1)). If DOE 
were to publish a notice of proposed rulemaking containing proposed 
amendments to its standards for either direct heating equipment or pool 
heaters, DOE would be required to issue a final rule amending the 
standards no later than 2 years after issuance of the notice. (42 
U.S.C. 6295(m)(3)(A))
    EPCA also provides criteria for prescribing amended standards for 
covered products generally, including direct heating equipment and pool 
heaters. As indicated above, any such amended standard must be designed 
to achieve the maximum improvement in energy efficiency that is 
technologically feasible and economically justified. (42 U.S.C. 
6295(o)(2)(A)) Additionally, EPCA provides specific prohibitions on 
prescribing such standards. DOE may not prescribe an amended standard 
for any of its covered products for which it has not established a test 
procedure. (42 U.S.C. 6295(o)(3)(A)) Further, DOE may not prescribe a 
standard if DOE determines by rule that such standard would not result 
in ``significant conservation of energy,'' or ``is not technologically 
feasible or economically justified.'' (42 U.S.C. 6295(o)(3)(B)) EPCA 
also provides that in deciding whether a standard is economically 
justified for covered products, 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 the 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 that are likely to result from the imposition of the 
standard;
    3. The total projected amount of energy (or, as applicable, water) 
savings likely to result directly from the imposition of the standard;
    4. Any lessening of the utility or the performance of the covered 
products likely to result from the imposition of 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 
imposition of the standard;
    6. The need for national energy and water conservation; and
    7. Other factors the Secretary of Energy (Secretary) considers 
relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
    In addition, EPCA, as amended, establishes a rebuttable presumption 
that any standard for covered products is economically justified if the 
Secretary finds that ``the additional cost to the consumer of 
purchasing a product complying with an energy conservation standard 
level will be less than three times the value of the energy (and as 
applicable, water) savings during the first year that the consumer will 
receive as a result of the standard,'' as calculated under the test 
procedure in place for that standard. (42 U.S.C. 6295(o)(2)(B)(iii))
    EPCA also contains what is commonly known as an ``anti-
backsliding'' provision. (42 U.S.C. 6295(o)(1)) This provision mandates 
that the Secretary not prescribe any amended standard that either 
increases the maximum allowable energy use or decreases the minimum 
required energy efficiency of a covered product. EPCA further provides 
that the Secretary may not prescribe an amended standard if interested 
persons have established by a preponderance of the evidence that the 
standard is likely to result in the unavailability in the United States 
of any product type (or class) with 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 of the Secretary's finding. (42 U.S.C. 6295(o)(4)) 
Under 42 U.S.C. 6295(q)(1), EPCA specifies requirements applicable to 
promulgating standards for any type or class of covered product that 
has two or more subcategories. Under this provision, DOE must specify a 
different standard level than that which applies generally to such type 
or class of product that has the same function or intended use, if DOE 
determines that the products within such group: (A) Consume a different 
kind of energy from that consumed by other covered products within such 
type (or class); or (B) have a capacity or other performance-related 
feature which other products within such type (or class) do not have 
and such feature justifies a higher or lower standard than applies or 
will apply to the other products. (42 U.S.C. 6295(q)(1)) In determining 
whether a performance-related feature justifies such a different 
standard for a group of products, DOE must consider ``such factors as 
the utility to the consumer of such a feature'' and other factors the 
Secretary deems appropriate. Id. Any rule prescribing such a standard 
must include an explanation of the basis on which DOE established such 
higher or lower level. (42 U.S.C. 6295(q)(2))
    Section 310(3) of the Energy Independence and Security Act of 2007 
(EISA 2007; Public Law 110-140) amended EPCA to prospectively require 
that energy conservation standards address standby mode and off mode 
energy use. Specifically, when DOE adopts new or amended standards for 
a covered product after July 1, 2010, the final rule must, if justified 
by the criteria for adoption of standards in section 325(o) of EPCA, 
incorporate standby mode and off mode energy use into a single standard 
if feasible, or otherwise adopt a separate standard for such energy use 
for that product. (42 U.S.C. 6295(gg)(3)) On December 17, 2012 DOE 
promulgated a final rule amending its test procedures for vented direct 
heating equipment and pool heaters to incorporate standby and off-mode 
energy consumption. 77 FR 74559. The amendments related to standby and 
off-mode energy consumption were not required for purposes of 
compliance until the compliance date of the next standards final rule 
for those products. Id. This rulemaking, if amended standards are 
ultimately adopted, would serve as the next energy conservation 
standards rulemaking subsequent to these test procedure amendments, and 
therefore this rulemaking will take into account standby and off-mode 
energy consumption.
    Finally, Federal energy conservation requirements for covered 
products generally supersede State laws or regulations concerning 
energy conservation testing, labeling, and standards. (42 U.S.C. 
6297(a)-(c)) DOE can, however, grant waivers of Federal preemption for 
particular State laws or regulations, in accordance with the procedures 
and other provisions of section 327(d) of the Act. (42 U.S.C.6297(d))
    Before proposing a standard, DOE typically seeks public input about 
the analytical framework, models, and tools that it will use to 
evaluate standards for the product or equipment at issue and the 
results of preliminary analyses DOE

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performed for that product or equipment. This NODA announces the 
availability of the preliminary Technical Support Document (TSD), which 
details the preliminary analyses and summarizes the preliminary results 
of DOE's analyses for electric pool heaters.

II. History of Energy Conservation Standards Rulemaking for Pool 
Heaters

A. Background

    Currently, energy conservation standards are established for vented 
home heating equipment (a form of direct heating equipment) and gas-
fired pool heaters. (10 CFR 430.32(i) and (k)) DOE last amended its 
energy conservation standards for pool heaters and direct heating 
equipment through a final rule published in the Federal Register (FR) 
on April 16, 2010 (hereafter referred to as the ``April 2010 final 
rule''). 75 FR 20112. (codified at 10 CFR 430.32(i) and (k)). 
Compliance with the amended standards was required beginning on April 
16, 2013. Id. As described above in section I, EPCA directed DOE to 
conduct two cycles of rulemakings regarding standards for DHE and pool 
heaters, and this rulemaking satisfies the statutory requirements under 
EPCA to conduct a second round of review of the DHE and pool heater 
standards. (42 U.S.C. 6295(e)(4)(B)) To initiate this rulemaking, DOE 
issued a Request for Information (RFI) in the Federal Register on March 
26, 2015 (hereafter ``March 2015 RFI''). 80 FR 15922. Through this RFI, 
DOE requested data and information pertaining to its technical and 
economic analyses for direct heating equipment and pool heaters.
    In addition to determining whether energy conservation standards 
for vented home heating equipment and gas-fired pool heaters should be 
amended, DOE is considering during this rulemaking whether it is 
appropriate to establish energy conservation standards for electric 
pool heaters, including both electric resistance pool and spa heaters 
as well as electric heat pump pool heaters. As described in section I, 
although energy conservation standards for electric pool heaters have 
not previously been set, the definition of coverage for pool heaters 
found at 42 U.S.C. 6291(25) does not specify a fuel type, and therefore 
all pool heaters (including electric) are considered covered products 
under EPCA. Among other topics, the March 2015 RFI sought data and 
information pertaining specifically to electric pool heaters, including 
electric resistance pool and spa heaters as well as electric heat pump 
pool heaters. Since energy conservation standards have not previously 
been established for electric pool heaters, DOE is publishing this 
preliminary analysis for electric pool heaters in order to solicit 
feedback regarding the methodologies used and results obtained based on 
information collected during the March 2015 RFI public comment period 
and preliminary confidential manufacturer interviews, among other 
sources. DOE does not plan to publish a similar preliminary analysis 
for vented home heating equipment and gas-fired pool heaters. DHE 
product offerings have not markedly changed since the final rule 
analysis in 2010 (with the exception of condensing technology for fan-
type wall furnaces). Additionally, DOE has performed testing on vented 
home heating equipment (a subset of DHE) and through this process has 
built sufficient knowledge, in combination with the previous rulemaking 
analyses and the March 2015 RFI, to forgo a preliminary analysis for 
these products. DOE requests comment on its determination to forgo a 
preliminary analysis for these products and notes that interested 
parties will have the opportunity to comment on DOE's analyses for 
vented home heating equipment and gas-fired pool heaters during the 
Notice of Proposed Rulemaking (NOPR) phase of the rulemaking process.
    DOE completed a separate test procedure rulemaking for direct 
heating equipment and pool heaters by publishing in the Federal 
Register a final rule on January 6, 2015. 80 FR 792. (Codified at 10 
CFR part 430, subpart B, Appendix P) Any energy conservation standards 
for pool heaters of any fuel type adopted as part of this rulemaking 
would be based on the updated test procedure.

B. Current Rulemaking Process

    As indicated above, in initiating this rulemaking DOE published a 
Request for Information on March 26, 2015. Among other topics, DOE 
solicited data and information pertaining to electric resistance and 
electric heat pump pool and spa heaters. Comments received since 
publication of the March 2015 RFI have helped DOE identify issues and 
collect data related to the preliminary analyses for electric pool 
heaters. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received in response to the March 2015 RFI.

III. Summary of the Analyses Performed by DOE

    For the electric pool heaters covered in this rulemaking, DOE 
conducted in-depth technical analyses in the following areas: (1) 
Engineering; (2) markups to determine product 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://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=113.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses or are 
preliminary analyses that will be expanded upon for a 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 information available to 
DOE. 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 
life-cycle cost (LCC) and payback period (PBP) analysis and national 
impact analysis (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 LCC 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. Market and Technology Assessment

    When initiating an analysis of potential energy efficiency 
standards for a residential product, DOE develops information for the 
products and characterizes the market and industry structure, 
evaluating both current and historical information. This activity is 
primarily based on a review of publicly-available information.
    When evaluating and establishing energy conservation standards, DOE 
generally divides covered products into product classes by the type of 
energy used or by capacity or other performance-related features that 
affect efficiency. DOE has tentatively decided to differentiate between 
electric pool heaters and electric spa heaters on the basis that each 
of these two products have different characteristics which have the 
potential of affecting efficiency. Specifically, electric spa heaters 
often have space constraints which would impede the use of higher 
efficiency technologies. DOE therefore considered two product classes--
electric pool heaters and electric spa

[[Page 65172]]

heaters--for this preliminary analysis. DOE recognizes that electric 
spa heaters, being integral to the construction of a spa or hot tub, 
use electric resistance heating elements due to space constraints and 
DOE has tentatively determined that heat pump technology is therefore 
not a viable option for electric spa heaters. DOE did not analyze 
electric spa heaters because it did not identify technologies that 
would measurably increase the integrated thermal efficiency of these 
products. DOE does, however, consider electric resistance to be a 
baseline technology for the electric pool heater product class, since 
electric resistance heaters are available at capacities that could 
serve a pool and electric heat pumps represent an improvement in 
efficiency over these products.
    Energy conservation standards may be proposed later in the 
rulemaking for either, both, or neither of these potential product 
classes in addition to gas-fired pool heaters. (42 U.S.C. 6295(q)) 
Alternatively, DOE could propose different product classes than those 
analyzed in its preliminary analysis if comments, information, or 
additional analysis be provided that suggest doing so would be more 
appropriate for the pool and spa heater market. Chapter 3 of the 
preliminary TSD addresses the market and technology assessment.

B. Engineering Analysis

    The engineering analysis establishes the relationship between the 
manufacturer selling price and efficiency levels of the products 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 products, which is the 
starting point for analyzing technologies that provide energy 
efficiency improvements. ``Baseline'' 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. 
DOE used these inputs to develop manufacturer selling prices for the 
baseline and more-efficient designs. Later, in the markups analysis to 
determine the installed price, DOE converts these manufacturer selling 
prices into installed prices. Chapter 5 of the preliminary TSD 
discusses the engineering analysis.

C. Markups To Determine Commercial Consumer Prices

    DOE derives consumer installed prices 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 product sales, the 
markup associated with each party in each distribution channel, and the 
existence and magnitude of differences between markups for baseline 
products (baseline markups) and higher-efficiency products (incremental 
markups). DOE calculates both overall baseline and overall incremental 
markups based on the product markups at each step in each distribution 
channel. Chapter 6 of the preliminary TSD addresses the markups 
analysis.

D. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of electric pool heaters. The energy use analysis seeks to 
estimate the range of energy consumption of products that meet each of 
the efficiency levels considered in a given rulemaking as they are 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.

E. Life-Cycle Cost and Payback Period Analyses

    The LCC and PBP analyses determine the economic impact of potential 
standards on individual consumers. The LCC is the total cost to the 
consumer of purchasing, installing, and operating the considered pool 
heater 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 products 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 product (energy cost and maintenance and 
repair cost); (3) product 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 products through savings in the operating cost of the 
products. PBP is calculated by dividing the incremental increase in 
installed cost of the higher-efficiency products, compared to the 
baseline products, by the annual savings in operating costs. Chapter 8 
of the preliminary TSD addresses the LCC and PBP analyses.

F. 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 electric pool heaters 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 products shipped from 2022-2051. This 30-year 
analysis period begins in 2022, the expected first full year of 
compliance with the amended standards. The 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 product lifetimes, product installed costs and operating 
costs, product annual energy consumption, the base case efficiency 
projection, and discount rates. Chapter 10 of the preliminary TSD 
addresses the NIA.

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 TSD is 
available for this analysis, and the Executive Summary of the TSD 
identifies specific issues on which DOE seeks comment. The final rule 
establishing any amended energy conservation standards will contain the 
final analytical results and will be accompanied by a final rule TSD.
    The TSD is available at: https://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=113. DOE is also interested 
in receiving views concerning other relevant issues that participants 
believe would affect energy conservation standards for this

[[Page 65173]]

equipment or that DOE should address in the NOPR.
    DOE welcomes all interested parties to submit in writing by 
December 10, 2015 comments, data, and other information on matters 
addressed in the TSD and on other matters relevant to consideration of 
energy conservation standards for pool heaters.
    After 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. Afterward, DOE will publish either a determination that 
standards for electric pool heaters need not be established or a NOPR 
proposing to establish those standards. The NOPR would include proposed 
energy conservation standards for the products covered by the 
rulemaking, and members of the public would be given an opportunity to 
submit written and oral comments on the proposed standards.

A. Submission of Comments

    DOE will accept comments, data, and other information regarding 
this rulemaking no later than the date provided at the beginning of 
this document. 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-2015-
BT-STD-0003 and/or RIN 1904-AD49 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 notice of 
data availability of the preliminary technical support document.

    Issued in Washington, DC, on October 15, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-27203 Filed 10-23-15; 8:45 am]
BILLING CODE 6450-01-P