Energy Conservation Program: Procedures, Interpretations, and Policies for Consideration of New or Revised Energy Conservation Standards for Consumer Products, 36037-36040 [2019-15916]
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Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules
safety standards, but rather those
standards in place at the time the
facility had last operated. The petitioner
requests that a nuclear power reactor be
allowed to return to operational status if
‘‘the facility had been in an operational
condition at the time of retirement, had
last operated no more than twenty-one
(21) calendar years prior to the date of
retirement,’’ the facility ‘‘remains
intact,’’ and the facility passes a
‘‘general safety inspection.’’
Alternatively, if the nuclear power
reactor ‘‘had not been in an operational
condition at the time of retirement, had
last operated more than twenty-one (21)
calendar years prior to the retirement
date, is not intact, and/or has had
significant decommissioning and/or
dismantling activities commence,’’ then
the nuclear power reactor must be
repaired or rebuilt ‘‘to the safety in
standards that had been in place at the
time the facility had last operated,’’ and
pass a safety inspection ‘‘appropriate to
the degree of repairs or reconstruction
that had been performed,’’ which would
be, ‘‘[a]t the very least . . . a general
safety inspection.’’
The petitioner states that this
proposal would be ‘‘ ‘pennies on the
dollar,’ compared to building new
nuclear, or trying to replace the same
capacity with wind or solar sources.’’
The petitioner also states that through
this proposal, ‘‘several gigawatts of
ultra-clean, and very low-carbon,
electrical generating capacity could be
restored to the electrical grid, which
would help to reduce carbon dioxide
levels in the atmosphere.’’ The
petitioner provides a calculation
comparing the cost and time of the
proposal to the cost and time required
for replacing similar electrical
generating capacity with renewables or
new nuclear builds. The petitioner
references the Clean Air Act, 42 U.S.C.
7401 et seq., and the National
Environmental Policy Act, 42 U.S.C.
4321 et seq., to support the petitioner’s
climate change statements regarding
reducing carbon dioxide emissions.
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IV. Conclusion
The NRC has determined that the
petition meets the threshold sufficiency
requirements for docketing a petition for
rulemaking under 10 CFR 2.803. The
NRC is examining the merits of the
issues raised in PRM–50–117 to
determine whether these issues should
be considered in rulemaking.
Dated at Rockville, Maryland, this 23rd day
of July 2019.
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For the Nuclear Regulatory Commission.
Richard J. Laufer,
Acting Secretary of the Commission.
[FR Doc. 2019–15934 Filed 7–25–19; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
[EERE–2017–BT–STD–0062]
RIN 1904–AD38
Energy Conservation Program:
Procedures, Interpretations, and
Policies for Consideration of New or
Revised Energy Conservation
Standards for Consumer Products
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
AGENCY:
SUMMARY: The U.S. Department of
Energy (DOE) is announcing this notice
of data availability (‘‘NODA’’) regarding
national energy savings estimates in
past DOE energy conservation standards
rulemakings. These data will help
inform DOE’s decision-making process
as it considers whether to establish a
significant energy savings threshold for
setting energy conservation standards
for consumer products and commercial
and industrial equipment. DOE is
seeking comment on these data.
DATES: Written comments and
information are requested and will be
accepted on or before August 9, 2019.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2017–BT–STD–0062, by
any of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: To Process.Rule@ee.doe.gov.
Include EERE–2017–BT–STD–0062 in
the subject line of the message.
3. Postal Mail: Ms. Sofie Miller, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy, 1000
Independence Avenue SW, Room 6A–
013, Washington, DC 20585. 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. Sofie
Miller, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, 1000 Independence
Avenue SW, Washington, DC 20585.
Telephone: (202) 586–5000. If possible,
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36037
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 III of this document.
Docket: The docket for this activity,
which includes Federal Register
notices, comments, and other
supporting documents/materials, is
available for review at https://
www.regulations.gov. All documents in
the docket are listed in the https://
www.regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available.
The docket web page can be found at
https://www.regulations.gov/docket?
D=EERE-2017-BT-STD-0062. The docket
web page contains instructions on how
to access all documents, including
public comments, in the docket. See
section III (Submission of Comments)
for information on how to submit
comments through https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Sofie Miller, Senior Advisor, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy, 1000
Independence Avenue SW, Washington,
DC 20585. Telephone: (202) 586–5000.
Email: Process.Rule@ee.doe.gov.
Ms. Francine Pinto, U.S. Department
of Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 586–7432. Email:
Francine.Pinto@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Site National Energy Savings From Prior
DOE Rulemakings
III. Submission of Comments
I. Introduction
DOE generally uses the procedures set
forth in 10 CFR part 430, subpart C,
appendix A, Procedures,
Interpretations, and Policies for
Consideration of New or Revised Energy
Conservation Standards for Consumer
Products (‘‘Process Rule’’) when
prescribing energy conservation
standards for both consumer products
and commercial/industrial equipment
pursuant to the Energy Policy and
Conservation Act of 1975 (Pub. L. 94–
163, codified at 42 U.S.C. 6291, et seq.)
(‘‘EPCA’’). On February 13, 2019, DOE
published a notice of proposed
rulemaking (‘‘NOPR’’) to update and
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modernize the Process Rule (‘‘Process
Rule NOPR’’). 84 FR 3910. As part of the
update, DOE is proposing to define an
energy savings threshold to satisfy the
requirement in EPCA that a new or
amended energy conservation standard
must result in a significant conservation
of energy. (See 42 U.S.C. 6295(o)(3)(B))
Specifically, DOE is proposing to apply
a threshold of 0.5 quad in energy
savings or a 10% reduction in energy
consumption over a 30-year analysis
period to satisfy this requirement.
In proposing these thresholds, DOE
took into consideration national energy
savings estimates from past energy
conservation standards rulemakings. 84
FR 3910, 3923 (Feb. 13, 2019). As a
result of comments provided at two
public meetings 1 DOE held on the
proposal, DOE has subsequently
determined that the national energy
savings data from the 57 energy
conservation standards rulemakings
mentioned in the NOPR are a mixture of
source and full-fuel-cycle energy
savings. Since publication of the Process
Rule NOPR, DOE has re-examined its
use of source and full-fuel-cycle energy
savings data in proposing a threshold
for significant conservation of energy in
order to provide a consistent accounting
across rulemakings. Because EPCA uses
a household energy consumption metric
as a threshold for setting standards for
new covered products (42 U.S.C.
6295(l)(1)), DOE believes that site
energy would be the most appropriate
metric for evaluating energy savings
across rulemakings. As a result, DOE is
providing national site energy savings
data from its past rulemakings for public
comment as it will help inform DOE’s
decision regarding whether (and how) to
define a threshold for significant energy
savings.
DOE notes that the rules reported and
the data analyzed in the information
provided with this NODA are identical
to those provided with DOE’s original
proposal and discussed at the public
meeting. However, DOE has now
restated the results of each rulemaking
on a site energy basis for the purpose of
making an ‘‘apples-to-apples’’
comparison of the results of each
rulemaking using the statutorilyrequired measure for setting energy
conservation standards. DOE is not at
this time making any determination
regarding whether the use of full-fuelcycle energy measures are an
appropriate measure of the benefits of
any prior rulemaking.
II. Site National Energy Savings From
Prior DOE Rulemakings
As discussed in the Process Rule
NOPR, DOE focused its analysis of
national energy savings on energy
conservation standards rulemakings
conducted starting after the U.S. Court
of Appeals for the District of Columbia
Circuit’s decision in Natural Resources
Defense Council v. Herrington, 768 F.2d
1355 (D.C. Cir. 1985) through a final
rule establishing energy conservation
standards for walk-in coolers and
freezers on July 10, 2017. 84 FR 3910,
3923 (Feb. 13, 2019). After excluding
instances where DOE set no-standard
standards or adopted standard levels
from the American National Standards
Institute (‘‘ANSI’’)/American Society of
Heating, Refrigerating, and AirConditioning Engineers (‘‘ASHRAE’’)/
Illuminating Engineering Society of
North America (‘‘IESNA’’) Standard 90.1
(‘‘ASHRAE Standard 90.1’’), DOE set
standards for covered products and
equipment a total of 57 times. These 57
rules are listed in a document available
in the docket at https://www.regulations
.gov/document?D=EERE-2017-BT-STD0062-0144.
The document lists, among others
things, the analysis period for each rule,
the national site energy savings over the
analysis period (converted as necessary
from source energy savings estimates 2),
and the corresponding percentage
reduction in energy use over the
analysis period. In total, the 57 rules
resulted in national site energy savings
of 54.64 quads.3 The average national
site energy savings for these rules is
0.959 quad, while the median is 0.32
quad. The average percent reduction in
national site energy use for these rules
is 13.1%, while the median is 8.0%.
Table II.1 contains the results of
applying a variety of significant energy
savings thresholds to these 57 rules.
TABLE II.1—APPLICATION OF VARIOUS SIGNIFICANT ENERGY SAVINGS THRESHOLDS
Significant energy
savings threshold
No additional
percentage threshold
10% Reduction in energy use
over analysis period
7.5% Reduction in energy use
over analysis period
5% Reduction in energy use over
analysis period
1.00 Quad .............
21 of 57 rules meet this threshold
for significance.
These 21 rules account for
83.77% of the total energy savings from the 57 rules.
24 of 57 rules meet this threshold
for significance.
These 24 rules account for
88.55% of the total energy savings from the 57 rules.
26 of 57 rules meet this threshold
for significance.
These 26 rules account for
90.89% of the total energy savings from the 57 rules.
27 of 57 rules meet this threshold
for significance.
These 27 rules account for
91.71% of the total energy savings from the 57 rules.
31 of 57 rules meet this threshold
for significance.
These 31 rules account for
94.09% of the total energy savings from the 57 rules.
32 of 57 rules meet this threshold
for significance.
These 32 rules account for
90.71% of the total energy savings from the 57 rules.
34 of 57 rules meet this threshold
for significance.
These 34 rules account for
93.87% of the total energy savings from the 57 rules.
34 of 57 rules meet this threshold
for significance.
These 34 rules account for
93.87% of the total energy savings from the 57 rules.
34 of 57 rules meet this threshold
for significance.
These 34 rules account for
93.87% of the total energy savings from the 57 rules.
36 of 57 rules meet this threshold
for significance.
These 36 rules account for
95.01% of the total energy savings from the 57 rules.
35 of 57 rules meet this threshold
for significance.
These 35 rules account for
91.47% of the total energy savings from the 57 rules.
37 of 57 rules meet this threshold
for significance.
These 37 rules account for
94.64% of the total energy savings from the 57 rules.
37 of 57 rules meet this threshold
for significance.
These 37 rules account for
94.64% of the total energy savings from the 57 rules.
37 of 57 rules meet this threshold
for significance.
These 37 rules account for
94.64% of the total energy savings from the 57 rules.
39 of 57 rules meet this threshold
for significance.
These 39 rules account for
95.77% of the total energy savings from the 57 rules.
41 of 57 rules meet this threshold
for significance.
These 41 rules account for
94.77% of the total energy savings from the 57 rules.
42 of 57 rules meet this threshold
for significance.
These 42 rules account for
96.29% of the total energy savings from the 57 rules.
42 of 57 rules meet this threshold
for significance.
These 42 rules account for
96.29% of the total energy savings from the 57 rules.
42 of 57 rules meet this threshold
for significance.
These 42 rules account for
96.29% of the total energy savings from the 57 rules.
43 of 57 rules meet this threshold
for significance.
These 43 rules account for
96.84% of the total energy savings from the 57 rules.
0.75 Quad .............
0.50 Quad .............
0.40 Quad .............
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0.30 Quad .............
1 DOE convened public meetings to discuss the
Process Rule NOPR on March 21, 2019 and April
11, 2019.
2 For rules prior to 2001, the national site energy
savings were not reported. For these rules, the
national site energy savings are estimated using a
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single average national site-to-source energy savings
multiplier of 2.78 for electricity, 1.09 for gas, or an
average of the two for rules with mixed fuels. For
all other rules, the national site energy savings are
available in the technical support documents and/
or the analytical tools.
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3 Six of the rules listed in the table identify a
range of energy savings. For the purposes of this
NODA, DOE assumes the maximum value for the
energy savings in each of these six rules.
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Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules
36039
TABLE II.1—APPLICATION OF VARIOUS SIGNIFICANT ENERGY SAVINGS THRESHOLDS—Continued
Significant energy
savings threshold
No additional
percentage threshold
10% Reduction in energy use
over analysis period
7.5% Reduction in energy use
over analysis period
5% Reduction in energy use over
analysis period
0.25 Quad .............
34 of 57 rules meet this threshold
for significance.
These 34 rules account for
95.61% of the total energy savings from the 57 rules.
37 of 57 rules meet this threshold
for significance.
These 37 rules account for
96.78% of the total energy savings from the 57 rules.
45 of 57 rules meet this threshold
for significance.
These 45 rules account for
98.93% of the total energy savings from the 57 rules.
38 of 57 rules meet this threshold
for significance.
These 38 rules account for
96.07% of the total energy savings from the 57 rules.
41 of 57 rules meet this threshold
for significance.
These 41 rules account for
97.24% of the total energy savings from the 57 rules.
49 of 57 rules meet this threshold
for significance.
These 49 rules account for
99.39% of the total energy savings from the 57 rules.
40 of 57 rules meet this threshold
for significance.
These 40 rules account for
96.30% of the total energy savings from the 57 rules.
43 of 57 rules meet this threshold
for significance.
These 43 rules account for
97.48% of the total energy savings from the 57 rules.
51 of 57 rules meet this threshold
for significance.
These 51 rules account for
99.62% of the total energy savings from the 57 rules.
43 of 57 rules meet this threshold
for significance.
These 43 rules account for
96.84% of the total energy savings from the 57 rules.
46 of 57 rules meet this threshold
for significance.
These 46 rules account for
98.01% of the total energy savings from the 57 rules.
52 of 57 rules meet this threshold
for significance.
These 52 rules account for
99.70% of the total energy savings from the 57 rules.
0.20 Quad .............
0.10 Quad .............
DOE seeks comment on the data
presented in the docket and in Table
II.1.
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III. Submission of Comments
DOE invites all interested parties to
submit in writing by the date listed in
the DATES section at the beginning of
this document, comments and
information on matters addressed in this
notice and on other matters relevant to
DOE’s consideration of the data related
to this NODA. These comments and
information will aid in DOE’s decision
with respect to its consideration of
potentially setting a threshold for
significant energy savings.
Submitting comments via https://
www.regulations.gov. The https://
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 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.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
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Do not submit to https://
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 https://
www.regulations.gov cannot be claimed
as CBI. Comments received through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through https://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 https://
www.regulations.gov provides after you
have successfully uploaded your
comment.
Submitting comments via email, hand
delivery/courier, or postal mail.
Comments and documents submitted
via email, hand delivery/courier, or
postal mail also will be posted to https://
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 on 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 postal mail or hand delivery/
courier, please provide all items on a
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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, written in English, and 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
letter 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 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
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Federal Register / Vol. 84, No. 144 / Friday, July 26, 2019 / Proposed Rules
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) 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).
DOE considers public participation to
be a very important part of the process
for developing test procedures and
energy conservation standards. DOE
actively encourages the participation
and interaction of the public during the
comment period in each stage of the
rulemaking process. Interactions with
and between members of the public
provide a balanced discussion of the
issues and assist DOE in the rulemaking
process. Anyone who wishes to be
added to the DOE mailing list to receive
future notices and information about
this process should contact Appliance
and Equipment Standards Program staff
at (202) 287–1445 or via email at
Process.Rule@ee.doe.gov.
Signed in Washington, DC, on July 22,
2019.
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2019–15916 Filed 7–25–19; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF STATE
22 CFR Parts 120, 121, 122, 123, 124,
125, 126, 127, 128, 129 and 130
[Public Notice: 10799]
RIN 1400–AE29
Consolidation of Exemptions in the
International Traffic in Arms
Regulations
Department of State.
Advance notice of proposed
rulemaking.
AGENCY:
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ACTION:
SUMMARY: As part of an ongoing effort to
better organize the International Traffic
in Arms Regulations (ITAR), the
Directorate of Defense Trade Controls
(DDTC) seeks public comment on
consolidating and clarifying the various
exemptions located throughout the
regulations. DDTC does not seek input
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on whether individual exemptions in
the ITAR should be expanded or
eliminated, but rather requests
comments regarding: Which
exemptions, if any, are redundant or
could be consolidated; and which
exemptions, if any, contain language
that introduces significant ambiguity or
hinders the exemption’s intended use.
DATES: The Department of State will
accept comments in response to this
notice until August 26, 2019.
ADDRESSES: Interested parties may
submit comments by one of the
following methods:
• Email: DDTCPublicComments@
state.gov with the subject line, ‘‘Request
for Comments Regarding Consolidation
of ITAR Exemptions.’’
• Internet: At www.regulations.gov,
search for this notice using its docket
number, DOS–2019–0022.
Comments submitted through
www.regulations.gov will be visible to
other members of the public; the
Department will publish responsive
comments on the DDTC website
(www.pmddtc.state.gov). Therefore,
commenters are cautioned not to
include proprietary or other sensitive
information in their comments.
FOR FURTHER INFORMATION CONTACT: John
Foster, Regulatory and Multilateral
Affairs, Office of Defense Trade Controls
Policy, Department of State, telephone
(202) 663–2811 email
DDTCResponseTeam@state.gov. ATTN:
Consolidation of ITAR Exemptions.
SUPPLEMENTARY INFORMATION: The
Directorate of Defense Trade Controls
(DDTC) of the Department of State
regulates the export and temporary
import of defense articles and services
under the Arms Export Control Act
(AECA) and its implementing
regulations, the International Traffic in
Arms Regulations (ITAR) (22 CFR parts
120–130). DDTC is engaged in an
ongoing effort to organize the ITAR
more effectively in order to further
streamline and clarify the subchapter.
As part of that effort, DDTC seeks public
comment on various exemptions located
throughout the ITAR. Exemptions
authorize the export, reexport,
retransfer, temporary import, or
brokering of a specific defense article or
defense service without a license (as
defined in the ITAR) or other written
authorization.
DDTC does not seek to broaden or
eliminate (unless determined to be
redundant) existing exemptions in a
rulemaking on this issue. Instead, its
goal is to consolidate the various
exemptions located throughout the
ITAR in a single location and to
organize them more effectively. All
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commenters are encouraged to provide
comments that are responsive
specifically to the prompts set forth
below.
The Department requests comment on
the topics below. Excluding the
exemptions currently located in Part
126 of the ITAR:
1. Which exemptions, if any, are
redundant or could be consolidated?
2. Which exemptions, if any, contain
language that introduces significant
ambiguity or hinders the exemption’s
intended use?
If the Department issues a notice of
proposed rulemaking on this topic, it
will address responsive comments at
that time.
R. Clarke Cooper,
Assistant Secretary, Political-Military Affairs,
Department of State.
[FR Doc. 2019–15540 Filed 7–25–19; 8:45 am]
BILLING CODE 4710–25–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 170
[190D0102
DRDS5A300000DR.5A311.IA000118]
RIN 1076–AF45
Tribal Transportation Program;
Inventory of Proposed Roads
Bureau of Indian Affairs,
Interior.
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Bureau of Indian Affairs
(BIA) is proposing a change to a
provision in the Tribal Transportation
Program regulations affecting proposed
roads that are currently in the National
Tribal Transportation Facility Inventory
(NTTFI). Specifically, this proposed rule
would delete the requirement for Tribes
to collect and submit certain data in
order to keep those proposed roads in
the NTTFI. The requirement to collect
and submit data to add new proposed
roads to the NTTFI would remain in
place.
DATES: Comments are due by September
24, 2019.
ADDRESSES: You may send comments,
identified by number 1076–AF45, by
any of the following methods:
—Federal rulemaking portal: https://
www.regulations.gov. Follow the
instructions for sending comments.
—Email: comments@bia.gov. Include
the number 1076–AF45 in the subject
line of the message.
—Mail or hand-delivery: Elizabeth
Appel, Office of Regulatory Affairs &
E:\FR\FM\26JYP1.SGM
26JYP1
]]>Agencies
[Federal Register Volume 84, Number 144 (Friday, July 26, 2019)]
[Proposed Rules]
[Pages 36037-36040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15916]
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DEPARTMENT OF ENERGY
10 CFR Parts 430 and 431
[EERE-2017-BT-STD-0062]
RIN 1904-AD38
Energy Conservation Program: Procedures, Interpretations, and
Policies for Consideration of New or Revised Energy Conservation
Standards for Consumer Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of data availability.
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SUMMARY: The U.S. Department of Energy (DOE) is announcing this notice
of data availability (``NODA'') regarding national energy savings
estimates in past DOE energy conservation standards rulemakings. These
data will help inform DOE's decision-making process as it considers
whether to establish a significant energy savings threshold for setting
energy conservation standards for consumer products and commercial and
industrial equipment. DOE is seeking comment on these data.
DATES: Written comments and information are requested and will be
accepted on or before August 9, 2019.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2017-BT-
STD-0062, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: To [email protected]. Include EERE-2017-BT-STD-0062
in the subject line of the message.
3. Postal Mail: Ms. Sofie Miller, U.S. Department of Energy, Office
of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW,
Room 6A-013, Washington, DC 20585. 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. Sofie Miller, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, 1000
Independence Avenue SW, Washington, DC 20585. Telephone: (202) 586-
5000. 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 III of this document.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at https://www.regulations.gov. All documents in
the docket are listed in the https://www.regulations.gov index. However,
some documents listed in the index, such as those containing
information that is exempt from public disclosure, may not be publicly
available.
The docket web page can be found at https://www.regulations.gov/
docket?D=EERE-2017-BT-STD-0062. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III (Submission of Comments) for information
on how to submit comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Ms. Sofie Miller, Senior Advisor, U.S. Department of Energy, Office
of Energy Efficiency and Renewable Energy, 1000 Independence Avenue SW,
Washington, DC 20585. Telephone: (202) 586-5000. Email:
[email protected].
Ms. Francine Pinto, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-7432. Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. Site National Energy Savings From Prior DOE Rulemakings
III. Submission of Comments
I. Introduction
DOE generally uses the procedures set forth in 10 CFR part 430,
subpart C, appendix A, Procedures, Interpretations, and Policies for
Consideration of New or Revised Energy Conservation Standards for
Consumer Products (``Process Rule'') when prescribing energy
conservation standards for both consumer products and commercial/
industrial equipment pursuant to the Energy Policy and Conservation Act
of 1975 (Pub. L. 94-163, codified at 42 U.S.C. 6291, et seq.)
(``EPCA''). On February 13, 2019, DOE published a notice of proposed
rulemaking (``NOPR'') to update and
[[Page 36038]]
modernize the Process Rule (``Process Rule NOPR''). 84 FR 3910. As part
of the update, DOE is proposing to define an energy savings threshold
to satisfy the requirement in EPCA that a new or amended energy
conservation standard must result in a significant conservation of
energy. (See 42 U.S.C. 6295(o)(3)(B)) Specifically, DOE is proposing to
apply a threshold of 0.5 quad in energy savings or a 10% reduction in
energy consumption over a 30-year analysis period to satisfy this
requirement.
In proposing these thresholds, DOE took into consideration national
energy savings estimates from past energy conservation standards
rulemakings. 84 FR 3910, 3923 (Feb. 13, 2019). As a result of comments
provided at two public meetings \1\ DOE held on the proposal, DOE has
subsequently determined that the national energy savings data from the
57 energy conservation standards rulemakings mentioned in the NOPR are
a mixture of source and full-fuel-cycle energy savings. Since
publication of the Process Rule NOPR, DOE has re-examined its use of
source and full-fuel-cycle energy savings data in proposing a threshold
for significant conservation of energy in order to provide a consistent
accounting across rulemakings. Because EPCA uses a household energy
consumption metric as a threshold for setting standards for new covered
products (42 U.S.C. 6295(l)(1)), DOE believes that site energy would be
the most appropriate metric for evaluating energy savings across
rulemakings. As a result, DOE is providing national site energy savings
data from its past rulemakings for public comment as it will help
inform DOE's decision regarding whether (and how) to define a threshold
for significant energy savings.
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\1\ DOE convened public meetings to discuss the Process Rule
NOPR on March 21, 2019 and April 11, 2019.
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DOE notes that the rules reported and the data analyzed in the
information provided with this NODA are identical to those provided
with DOE's original proposal and discussed at the public meeting.
However, DOE has now restated the results of each rulemaking on a site
energy basis for the purpose of making an ``apples-to-apples''
comparison of the results of each rulemaking using the statutorily-
required measure for setting energy conservation standards. DOE is not
at this time making any determination regarding whether the use of
full-fuel-cycle energy measures are an appropriate measure of the
benefits of any prior rulemaking.
II. Site National Energy Savings From Prior DOE Rulemakings
As discussed in the Process Rule NOPR, DOE focused its analysis of
national energy savings on energy conservation standards rulemakings
conducted starting after the U.S. Court of Appeals for the District of
Columbia Circuit's decision in Natural Resources Defense Council v.
Herrington, 768 F.2d 1355 (D.C. Cir. 1985) through a final rule
establishing energy conservation standards for walk-in coolers and
freezers on July 10, 2017. 84 FR 3910, 3923 (Feb. 13, 2019). After
excluding instances where DOE set no-standard standards or adopted
standard levels from the American National Standards Institute
(``ANSI'')/American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (``ASHRAE'')/Illuminating Engineering Society of
North America (``IESNA'') Standard 90.1 (``ASHRAE Standard 90.1''), DOE
set standards for covered products and equipment a total of 57 times.
These 57 rules are listed in a document available in the docket at
https://www.regulations .gov/document?D=EERE-2017-BT-STD-0062-0144.
The document lists, among others things, the analysis period for
each rule, the national site energy savings over the analysis period
(converted as necessary from source energy savings estimates \2\), and
the corresponding percentage reduction in energy use over the analysis
period. In total, the 57 rules resulted in national site energy savings
of 54.64 quads.\3\ The average national site energy savings for these
rules is 0.959 quad, while the median is 0.32 quad. The average percent
reduction in national site energy use for these rules is 13.1%, while
the median is 8.0%. Table II.1 contains the results of applying a
variety of significant energy savings thresholds to these 57 rules.
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\2\ For rules prior to 2001, the national site energy savings
were not reported. For these rules, the national site energy savings
are estimated using a single average national site-to-source energy
savings multiplier of 2.78 for electricity, 1.09 for gas, or an
average of the two for rules with mixed fuels. For all other rules,
the national site energy savings are available in the technical
support documents and/or the analytical tools.
\3\ Six of the rules listed in the table identify a range of
energy savings. For the purposes of this NODA, DOE assumes the
maximum value for the energy savings in each of these six rules.
Table II.1--Application of Various Significant Energy Savings Thresholds
----------------------------------------------------------------------------------------------------------------
10% Reduction in 7.5% Reduction in 5% Reduction in
Significant energy No additional energy use over energy use over energy use over
savings threshold percentage threshold analysis period analysis period analysis period
----------------------------------------------------------------------------------------------------------------
1.00 Quad............... 21 of 57 rules meet 32 of 57 rules meet 35 of 57 rules meet 41 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 21 rules These 32 rules These 35 rules These 41 rules
account for 83.77% account for 90.71% account for 91.47% account for 94.77%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.75 Quad............... 24 of 57 rules meet 34 of 57 rules meet 37 of 57 rules meet 42 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 24 rules These 34 rules These 37 rules These 42 rules
account for 88.55% account for 93.87% account for 94.64% account for 96.29%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.50 Quad............... 26 of 57 rules meet 34 of 57 rules meet 37 of 57 rules meet 42 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 26 rules These 34 rules These 37 rules These 42 rules
account for 90.89% account for 93.87% account for 94.64% account for 96.29%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.40 Quad............... 27 of 57 rules meet 34 of 57 rules meet 37 of 57 rules meet 42 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 27 rules These 34 rules These 37 rules These 42 rules
account for 91.71% account for 93.87% account for 94.64% account for 96.29%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.30 Quad............... 31 of 57 rules meet 36 of 57 rules meet 39 of 57 rules meet 43 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 31 rules These 36 rules These 39 rules These 43 rules
account for 94.09% account for 95.01% account for 95.77% account for 96.84%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
[[Page 36039]]
0.25 Quad............... 34 of 57 rules meet 38 of 57 rules meet 40 of 57 rules meet 43 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 34 rules These 38 rules These 40 rules These 43 rules
account for 95.61% account for 96.07% account for 96.30% account for 96.84%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.20 Quad............... 37 of 57 rules meet 41 of 57 rules meet 43 of 57 rules meet 46 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 37 rules These 41 rules These 43 rules These 46 rules
account for 96.78% account for 97.24% account for 97.48% account for 98.01%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
0.10 Quad............... 45 of 57 rules meet 49 of 57 rules meet 51 of 57 rules meet 52 of 57 rules meet
this threshold for this threshold for this threshold for this threshold for
significance. significance. significance. significance.
These 45 rules These 49 rules These 51 rules These 52 rules
account for 98.93% account for 99.39% account for 99.62% account for 99.70%
of the total energy of the total energy of the total energy of the total energy
savings from the 57 savings from the 57 savings from the 57 savings from the 57
rules. rules. rules. rules.
----------------------------------------------------------------------------------------------------------------
DOE seeks comment on the data presented in the docket and in Table
II.1.
III. Submission of Comments
DOE invites all interested parties to submit in writing by the date
listed in the DATES section at the beginning of this document, comments
and information on matters addressed in this notice and on other
matters relevant to DOE's consideration of the data related to this
NODA. These comments and information will aid in DOE's decision with
respect to its consideration of potentially setting a threshold for
significant energy savings.
Submitting comments via https://www.regulations.gov. The https://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 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. 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 https://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 https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://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 https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email, hand delivery/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://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 on 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 postal 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, written in English, and 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 letter 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 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
[[Page 36040]]
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) 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).
DOE considers public participation to be a very important part of
the process for developing test procedures and energy conservation
standards. DOE actively encourages the participation and interaction of
the public during the comment period in each stage of the rulemaking
process. Interactions with and between members of the public provide a
balanced discussion of the issues and assist DOE in the rulemaking
process. Anyone who wishes to be added to the DOE mailing list to
receive future notices and information about this process should
contact Appliance and Equipment Standards Program staff at (202) 287-
1445 or via email at [email protected].
Signed in Washington, DC, on July 22, 2019.
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2019-15916 Filed 7-25-19; 8:45 am]
BILLING CODE 6450-01-P
