80 FR 17355 - Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish the Miscellaneous Refrigeration Products Working Group To Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Conservation Standards
DEPARTMENT OF ENERGY Federal Register Volume 80, Issue 62 (April 1, 2015)
Federal Register Volume 80, Issue 62 (April 1, 2015)
| Page Range | 17355-17359 | |
| FR Document | 2015-07469 |
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)] [Proposed Rules] [Pages 17355-17359] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07469] ======================================================================== 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. 62 / Wednesday, April 1, 2015 / Proposed Rules [[Page 17355]] DEPARTMENT OF ENERGY 10 CFR Part 430 [EERE-2011-BT-STD-0043] Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish the Miscellaneous Refrigeration Products Working Group To Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Conservation Standards AGENCY: Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy. ACTION: Notice of intent; announcement of public meetings. ----------------------------------------------------------------------- SUMMARY: The U.S. Department of Energy (DOE or the Department) is giving notice that it intends to establish a negotiated rulemaking working group under the Appliance Standards and Rulemaking Federal Advisory Committee (ASRAC) in accordance with the Federal Advisory Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to negotiate proposed Federal standards for the energy efficiency requirements of miscellaneous refrigeration standards. The purpose of the working group will be to discuss and, if possible, reach consensus on a proposed rule for the scope and definitions, certain aspects of the test procedure, and energy conservation standards for miscellaneous refrigeration products, as authorized by the Energy Policy and Conservation Act (EPCA) of 1975, as amended. The working group will consist of representatives of parties having a defined stake in the outcome of the proposed standards, and will consult as appropriate with a range of experts on technical issues. The working group is expected to make a concerted effort to negotiate a final term sheet within four (4) months of its first meeting. At a minimum, within four months (4) of its first meeting, the working group is required to provide a status update to ASRAC. An extension of no more than two (2) months may be provided given formal feedback and recommendation from ASRAC members after deliberation and discussion surrounding the working group's status update. Lastly, DOE is announcing the first Working Group session, which is open to the public, on Monday, May 4, and Tuesday, May 5. DATES: DOE will hold the first meeting for the Miscellaneous Refrigeration Products Working Group on Monday, May 4, and Tuesday, May 5, 2015, from 9 a.m. to 5 p.m., in Washington, DC. Written comments and request to be appointed as members of the working group are welcome and should be submitted by April 15, 2015. ADDRESSES: The first Miscellaneous Refrigeration Products Working Group meeting, which is also open to the public, will be held at the U.S. Department of Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., Washington, DC 20585. To attend, please notify [email protected]. Persons can attend the public meeting via webinar. For more information, refer to section V of this document (Public Participation). Interested person may submit comments, identified by docket number EERE-2011-BT-STD-0043 any of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. 2. Email: [email protected] Include docket number EERE-2011-BT-STD- 0043 in the subject line of the message. 3. 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 Program, 950 L'Enfant Plaza SW., Suite 600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. Docket: The docket is available for review at www.regulations.gov, including Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. FOR FURTHER INFORMATION CONTACT: Joseph Hagerman, U.S. Department of Energy, Office of Building Technologies (EE-2J), 950 L'Enfant Plaza SW., Washington, DC 20024. Phone: 202-586-4549. Email: [email protected]. SUPPLEMENTARY INFORMATION: I. Authority II. Background III. Proposed Negotiating Procedures IV. Comments Requested V. Public Participation VI. Approval of the Office of the Secretary I. Authority This notice of intent, announcing DOE's intent to negotiate a proposed rule for the enforcement of regional energy conservation standards, was developed under the authority of sections 563 and 564 of the NRA (5 U.S.C. 561-570, Pub. L. 104-320). The regulation of miscellaneous refrigeration products for energy conservation standards that DOE is proposing to develop under a negotiated rulemaking will be developed under the authority of EPCA, as amended, 42 U.S.C. 6311(1)(A) and 42 U.S.C. 6291 et seq. II. Background As required by the NRA, DOE is giving notice that it is establishing a working group under ASRAC to discuss scope and definitions of and potentially develop proposed energy conservation standards for miscellaneous refrigeration products. Miscellaneous refrigeration equipment is not current a covered product under EPCA and there currently are no energy conservation standards for miscellaneous refrigeration products. A. Negotiated Rulemaking DOE has decided to use the negotiated rulemaking process to discuss the scope and definitions of and develop proposed energy conservation standards for miscellaneous refrigeration products. The primary reason for using the negotiated rulemaking process for this product is that stakeholders strongly support a consensual rulemaking effort. DOE believes such a regulatory [[Page 17356]] negotiation process will be less adversarial and better suited to resolving complex technical issues. An important virtue of negotiated rulemaking is that it allows expert dialog that is much better than traditional techniques at getting the facts and issues right and will result in a proposed rule that will effectively reflect Congressional intent. A regulatory negotiation will enable DOE to engage in direct and sustained dialog with informed, interested, and affected parties when drafting the regulation, rather than obtaining input during a public comment period after developing and publishing a proposed rule. Gaining this early understanding of all parties' perspectives allows DOE to address key issues at an earlier stage of the process, thereby allowing more time for an iterative process to resolve issues. A rule drafted by negotiation with informed and affected parties is expected to be potentially more pragmatic and more easily implemented than a rule arising from the traditional process. Such rulemaking improvement is likely to provide the public with the full benefits of the rule while minimizing the potential negative impact of a proposed regulation conceived or drafted without the full prior input of outside knowledgeable parties. Because a negotiating working group includes representatives from the major stakeholder groups affected by or interested in the rule, the number of public comments on the proposed rule may be decreased. DOE anticipates that there will be a need for fewer substantive changes to a proposed rule developed under a regulatory negotiation process prior to the publication of a final rule. B. The Concept of Negotiated Rulemaking Usually, DOE develops a proposed rulemaking using Department staff and consultant resources. Congress noted in the NRA, however, that regulatory development may ``discourage the affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions * * *.'' 5 U.S.C. 561(2)(2). Congress also stated that ``adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, expertise, and technical abilities possessed by the affected parties.'' 5 U.S.C. 561(2)(3). Using negotiated rulemaking to develop a proposed rule differs fundamentally from the Department centered process. In negotiated rulemaking, a proposed rule is developed by an advisory committee or working group, chartered under FACA, 5 U.S.C. App. 2, composed of members chosen to represent the various interests that will be significantly affected by the rule. The goal of the advisory committee or working group is to reach consensus on the treatment of the major issues involved with the rule. The process starts with the Department's careful identification of all interests potentially affected by the rulemaking under consideration. To help with this identification, the Department publishes a notice of intent such as this one in the Federal Register, identifying a preliminary list of interested parties and requesting public comment on that list. Following receipt of comments, the Department establishes an advisory committee or working group representing the full range of stakeholders to negotiate a consensus on the terms of a proposed rule. Representation on the advisory committee or working group may be direct; that is, each member may represent a specific interest, or may be indirect, such as through trade associations and/or similarly-situated parties with common interests. The Department is a member of the advisory committee or working group and represents the Federal government's interests. The advisory committee or working group chair is assisted by a neutral mediator who facilitates the negotiation process. The role of the mediator, also called a facilitator, is to apply proven consensus-building techniques to the advisory committee or working group process. After an advisory committee or working group reaches consensus on the provisions of a proposed rule, the Department, consistent with its legal obligations, uses such consensus as the basis of its proposed rule, which then is published in the Federal Register. This publication provides the required public notice and provides for a public comment period. Other participants and other interested parties retain their rights to comment, participate in an informal hearing (if requested), and request judicial review. DOE anticipates, however, that the pre- proposal consensus agreed upon by the advisory committee or working group will narrow any issues in the subsequent rulemaking. C. Proposed Rulemaking for Energy Conservation Standards Regarding Miscellaneous Refrigeration Products The NRA enables DOE to establish an advisory committee or working group if it is determined that the use of the negotiated rulemaking process is in the public interest. DOE intends to develop Federal regulations that build on the depth of experience accrued in both the public and private sectors in implementing standards and programs. DOE has determined that the regulatory negotiation process will provide for obtaining a diverse array of in-depth input, as well as an opportunity for increased collaborative discussion from both private- sector stakeholders and government officials who are familiar with energy efficiency of miscellaneous refrigeration products. D. Department Commitment In initiating this regulatory negotiation process to develop energy conservation standards for miscellaneous refrigeration products, DOE is making a commitment to provide adequate resources to facilitate timely and successful completion of the process. This commitment includes making the process a priority activity for all representatives, components, officials, and personnel of the Department who need to be involved in the rulemaking, from the time of initiation until such time as a final rule is issued or the process is expressly terminated. DOE will provide administrative support for the process and will take steps to ensure that the advisory committee or working group has the dedicated resources it requires to complete its work in a timely fashion. Specifically, DOE will make available the following support services: Properly equipped space adequate for public meetings and caucuses; logistical support; word processing and distribution of background information; the service of a facilitator; and such additional research and other technical assistance as may be necessary. To the maximum extent possible consistent with the legal obligations of the Department, DOE will use the consensus of the advisory committee or working group as the basis for the rule the Department proposes for public notice and comment. E. Negotiating Consensus As discussed above, the negotiated rulemaking process differs fundamentally from the usual process for developing a proposed rule. Negotiation enables interested and affected parties to discuss various [[Page 17357]] approaches to issues rather than asking them only to respond to a proposal developed by the Department. The negotiation process involves a mutual education of the various parties on the practical concerns about the impact of standards. Each advisory committee or working group member participates in resolving the interests and concerns of other members, rather than leaving it up to DOE to evaluate and incorporate different points of view. A key principle of negotiated rulemaking is that agreement is by consensus of all the interests. Thus, no one interest or group of interests is able to control the process. The NRA defines consensus as the unanimous concurrence among interests represented on a negotiated rulemaking committee or working group, unless the committee or working group itself unanimously agrees to use a different definition. 5 U.S.C. 562. In addition, experience has demonstrated that using a trained mediator to facilitate this process will assist all parties, including DOE, in identifying their real interests in the rule, and thus will enable parties to focus on and resolve the important issues. III. Proposed Negotiating Procedures A. Key Issues for Negotiation The following issues and concerns will underlie the work of the Negotiated Rulemaking Committee for Miscellaneous Refrigeration Products:Definitions, including scope of coverage; Certain aspect of the test procedure, including key test procedure conditions, as applicable; and Proposed energy conservation standards for miscellaneous refrigeration products. To examine the underlying issues outlined above, and others not yet articulated, all parties in the negotiation will need DOE to provide data and an analytic framework complete and accurate enough to support their deliberations. DOE's analyses must be adequate to inform a prospective negotiation--for example, a preliminary Technical Support Document or equivalent must be available and timely. B. Formation of Working Group A working group will be formed and operated in full compliance with the requirements of FACA and in a manner consistent with the requirements of the NRA. DOE has determined that the working group not exceed 25 members. The Department believes that more than 25 members would make it difficult to conduct effective negotiations. DOE is aware that there are many more potential participants than there are membership slots on the working group. The Department does not believe, nor does the NRA contemplate, that each potentially affected group must participate directly in the negotiations; nevertheless, each affected interest can be adequately represented. To have a successful negotiation, it is important for interested parties to identify and form coalitions that adequately represent significantly affected interests. To provide adequate representation, those coalitions must agree to support, both financially and technically, a member of the working group whom they choose to represent their interests. DOE recognizes that when it considers adding covered products and establishing energy efficiency standards for residential products and commercial equipment, various segments of society may be affected in different ways, in some cases producing unique ``interests'' in a proposed rule based on income, gender, or other factors. The Department will pay attention to providing that any unique interests that have been identified, and that may be significantly affected by the proposed rule, are represented. FACA also requires that members of the public have the opportunity to attend meetings of the full committee and speak or otherwise address the committee during the public comment period. In addition, any member of the public is permitted to file a written statement with the advisory committee. DOE plans to follow these same procedures in conducting meetings of the working group. C. Interests Involved/Working Group Membership DOE anticipates that the working group will comprise no more than 25 members who represent affected and interested stakeholder groups, at least one of whom must be a member of the ASRAC. As required by FACA, the Department will conduct the negotiated rulemaking with particular attention to ensuring full and balanced representation of those interests that may be significantly affected by the proposed rule governing rules of miscellaneous refrigeration energy conservation standards. Section 562 of the NRA defines the term interest as ``with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner.'' Listed below are parties the Department to date has identified as being ``significantly affected'' by a proposed rule regarding the energy efficiency of miscellaneous refrigeration. The Department of Energy Trade Associations representing manufacturers of miscellaneous refrigeration products Manufacturers of miscellaneous refrigeration products and component manufacturers and related suppliers Utilities Energy efficiency/environmental advocacy groups Consumers One purpose of this notice of intent is to determine whether Federal regulations regarding miscellaneous refrigeration products will significantly affect interests that are not listed above. DOE invites comment and suggestions on its initial list of significantly affected interests. Members may be individuals or organizations. If the effort is to be fruitful, participants on the working group should be able to fully and adequately represent the viewpoints of their respective interests. This document gives notice of DOE's process to other potential participants and affords them the opportunity to request representation in the negotiations. Those who wish to be appointed as members of the working group, should submit a request to DOE, in accordance with the public participation procedures outlined in the DATES and ADDRESSES sections of this notice of intent. Membership of the working group is likely to involve: Attendance at approximately four (4), one (1) to two (2) day meetings (with the potentially for two (2) additional one (1) or two (2) day meetings); Travel costs to those meetings; and Preparation time for those meetings. Members serving on the working group will not receive compensation for their services. Interested parties who are not selected for membership on the working group may make valuable contributions to this negotiated rulemaking effort in any of the following ways: The person may request to be placed on the working group mailing list and submit written comments as appropriate. The person may attend working group meetings, which are open to the public; caucus with his or her interest's member on the working group; or even address the working group during the public comment portion of the working group meeting. The person could assist the efforts of a workgroup that the working group might establish. A working group may establish informal workgroups, which usually are [[Page 17358]] asked to facilitate committee deliberations by assisting with various technical matters (e.g., researching or preparing summaries of the technical literature or comments on specific matters such as economic issues). Workgroups also might assist in estimating costs or drafting regulatory text on issues associated with the analysis of the costs and benefits addressed, or formulating drafts of the various provisions and their justifications as previously developed by the working group. Given their support function, workgroups usually consist of participants who have expertise or particular interest in the technical matter(s) being studied. Because it recognizes the importance of this support work for the working group, DOE will provide appropriate technical expertise for such workgroups. D. Good Faith Negotiation Every working group member must be willing to negotiate in good faith and have the authority, granted by his or her constituency, to do so. The first step is to ensure that each member has good communications with his or her constituencies. An intra-interest network of communication should be established to bring information from the support organization to the member at the table, and to take information from the table back to the support organization. Second, each organization or coalition therefore should designate as its representative a person having the credibility and authority to ensure that needed information is provided and decisions are made in a timely fashion. Negotiated rulemaking can require the appointed members to give a significant sustained for as long as the duration of the negotiated rulemaking. Other qualities of members that can be helpful are negotiating experience and skills, and sufficient technical knowledge to participate in substantive negotiations. Certain concepts are central to negotiating in good faith. One is the willingness to bring all issues to the bargaining table in an attempt to reach a consensus, as opposed to keeping key issues in reserve. The second is a willingness to keep the issues at the table and not take them to other forums. Finally, good faith includes a willingness to move away from some of the positions often taken in a more traditional rulemaking process, and instead explore openly with other parties all ideas that may emerge from the working group's discussions. E. Facilitator The facilitator will act as a neutral in the substantive development of the proposed standard. Rather, the facilitator's role generally includes: Impartially assisting the members of the working group in conducting discussions and negotiations; and Impartially assisting in performing the duties of the Designated Federal Official under FACA. F. Department Representative The DOE representative will be a full and active participant in the consensus building negotiations. The Department's representative will meet regularly with senior Department officials, briefing them on the negotiations and receiving their suggestions and advice so that he or she can effectively represent the Department's views regarding the issues before the working group. DOE's representative also will ensure that the entire spectrum of governmental interests affected by the standards rulemaking, including the Office of Management and Budget, the Attorney General, and other Departmental offices, are kept informed of the negotiations and encouraged to make their concerns known in a timely fashion. G. Working Group and Schedule After evaluating the comments submitted in response to this notice of intent and the requests for nominations, DOE will either inform the members of the working group that they have been selected or determine that conducting a negotiated rulemaking is inappropriate. The working group is expected to make a concerted effort to negotiate a final term sheet within four (4) months of its first meeting. At a minimum, within four months (4) of its first meeting, the working group is required to provide a status update to ASRAC. An extension of no more than two (2) months may be provided given formal feedback and recommendation from ASRAC members after deliberation and discussion surrounding the working group's status update. DOE will advise working group members of administrative matters related to the functions of the working group before beginning. DOE will establish a meeting schedule based on the settlement agreement and produce the necessary documents so as to adhere to that schedule. While the negotiated rulemaking process is underway, DOE is committed to performing much of the same analysis as it would during a normal standards rulemaking process and to providing information and technical support to the working group. IV. Comments Requested DOE requests comments on which parties should be included in a negotiated rulemaking to develop draft language pertaining to the energy efficiency of miscellaneous refrigeration and suggestions of additional interests and/or stakeholders that should be represented on the working group. All who wish to participate as members of the working group should submit a request for nomination to DOE. V. Public Participation Attendance at the Public Meeting The time, date, and location of the public meeting are listed in the DATES and ADDRESSES sections. If you plan to attend the public meeting, please notify [email protected]. Please note that foreign nationals participating in the public meeting are subject to advance security screening procedures which require advance notice prior to attendance at the public meeting. If a foreign national wishes to participate in the public meeting, please inform DOE as soon as possible by contacting [email protected] so that the necessary procedures can be completed. Please also note that those wishing to bring laptops into the Forrestal Building will be required to obtain a property pass. Visitors should avoid bringing laptops, or allow an extra 45 minutes. In addition, you can attend the public meeting via webinar. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=71. Participants are responsible for ensuring their systems are compatible with the webinar software. Conduct of the Public Meeting DOE will designate a DOE official to preside at the public meeting and may also use a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C. 6306) A court reporter will be present to record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. After the public meeting, interested parties may submit further comments on the proceedings as well as on any aspect of the rulemaking until the end of the comment period. The public meeting will be conducted in an informal, conference style. DOE will present summaries of comments [[Page 17359]] received before the public meeting, allow time for prepared general statements by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each participant will be allowed to make a general statement (within time limits determined by DOE), before the discussion of specific topics. DOE will allow, as time permits, other participants to comment briefly on any general statements. VI. Approval of the Office of the Secretary The Secretary of Energy has approved publication of today's notice of intent. Issued in Washington, DC, on March 26, 2015. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency and Renewable Energy. [FR Doc. 2015-07469 Filed 3-31-15; 8:45 am] BILLING CODE CODE 6450-01-P
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Proposed Rules Federal Register
Vol. 80, No. 62
Wednesday, April 1, 2015
This section of the FEDERAL REGISTER two (2) months may be provided given transcripts, comments, and other
contains notices to the public of the proposed formal feedback and recommendation supporting documents/materials. All
issuance of rules and regulations. The from ASRAC members after deliberation documents in the docket are listed in
purpose of these notices is to give interested and discussion surrounding the working the www.regulations.gov index.
persons an opportunity to participate in the group’s status update. Lastly, DOE is However, not all documents listed in
rule making prior to the adoption of the final
announcing the first Working Group the index may be publicly available,
rules.
session, which is open to the public, on such as information that is exempt from
Monday, May 4, and Tuesday, May 5. public disclosure.
DEPARTMENT OF ENERGY DATES: DOE will hold the first meeting FOR FURTHER INFORMATION CONTACT:
for the Miscellaneous Refrigeration Joseph Hagerman, U.S. Department of
10 CFR Part 430 Products Working Group on Monday, Energy, Office of Building Technologies
May 4, and Tuesday, May 5, 2015, from (EE–2J), 950 L’Enfant Plaza SW.,
[EERE–2011–BT–STD–0043] Washington, DC 20024. Phone: 202–
9 a.m. to 5 p.m., in Washington, DC.
Written comments and request to be 586–4549. Email: asrac@ee.doe.gov.
Appliance Standards and Rulemaking
Federal Advisory Committee: Notice of appointed as members of the working SUPPLEMENTARY INFORMATION:
Intent To Establish the Miscellaneous group are welcome and should be I. Authority
Refrigeration Products Working Group submitted by April 15, 2015. II. Background
To Negotiate a Notice of Proposed ADDRESSES: The first Miscellaneous III. Proposed Negotiating Procedures
Refrigeration Products Working Group IV. Comments Requested
Rulemaking (NOPR) for Energy
meeting, which is also open to the V. Public Participation
Conservation Standards VI. Approval of the Office of the Secretary
public, will be held at the U.S.
AGENCY: Office of Energy Efficiency and Department of Energy, Forrestal I. Authority
Renewable Energy, U.S. Department of Building, Room 8E–089, 1000 This notice of intent, announcing
Energy. Independence Avenue SW., DOE’s intent to negotiate a proposed
ACTION: Notice of intent; announcement Washington, DC 20585. To attend, rule for the enforcement of regional
of public meetings. please notify asrac@ee.doe.gov. Persons energy conservation standards, was
can attend the public meeting via developed under the authority of
SUMMARY: The U.S. Department of webinar. For more information, refer to
Energy (DOE or the Department) is sections 563 and 564 of the NRA (5
section V of this document (Public U.S.C. 561–570, Pub. L. 104–320). The
giving notice that it intends to establish Participation). Interested person may regulation of miscellaneous refrigeration
a negotiated rulemaking working group submit comments, identified by docket products for energy conservation
under the Appliance Standards and number EERE–2011–BT–STD–0043 any standards that DOE is proposing to
Rulemaking Federal Advisory of the following methods: develop under a negotiated rulemaking
Committee (ASRAC) in accordance with 1. Federal eRulemaking Portal: will be developed under the authority of
the Federal Advisory Committee Act www.regulations.gov. Follow the EPCA, as amended, 42 U.S.C. 6311(1)(A)
(FACA) and the Negotiated Rulemaking instructions for submitting comments. and 42 U.S.C. 6291 et seq.
Act (NRA) to negotiate proposed Federal 2. Email: ASRAC@ee.doe.gov. Include
standards for the energy efficiency docket number EERE–2011–BT–STD– II. Background
requirements of miscellaneous 0043 in the subject line of the message. As required by the NRA, DOE is
refrigeration standards. The purpose of 3. Mail: Ms. Brenda Edwards, U.S. giving notice that it is establishing a
the working group will be to discuss Department of Energy, Building working group under ASRAC to discuss
and, if possible, reach consensus on a Technologies Office, Mailstop EE–5B, scope and definitions of and potentially
proposed rule for the scope and 1000 Independence Avenue SW., develop proposed energy conservation
definitions, certain aspects of the test Washington, DC 20585–0121. If standards for miscellaneous
procedure, and energy conservation possible, please submit all items on a refrigeration products. Miscellaneous
standards for miscellaneous compact disc (CD), in which case it is refrigeration equipment is not current a
refrigeration products, as authorized by not necessary to include printed copies. covered product under EPCA and there
the Energy Policy and Conservation Act 4. Hand Delivery/Courier: Ms. Brenda currently are no energy conservation
(EPCA) of 1975, as amended. The Edwards, U.S. Department of Energy, standards for miscellaneous
working group will consist of Building Technologies Program, 950 refrigeration products.
representatives of parties having a L’Enfant Plaza SW., Suite 600,
defined stake in the outcome of the Washington, DC 20024. Telephone: A. Negotiated Rulemaking
proposed standards, and will consult as (202) 586–2945. If possible, please DOE has decided to use the negotiated
appropriate with a range of experts on rulemaking process to discuss the scope
mstockstill on DSK4VPTVN1PROD with PROPOSALS
submit all items on a CD, in which case
technical issues. The working group is it is not necessary to include printed and definitions of and develop proposed
expected to make a concerted effort to copies. energy conservation standards for
negotiate a final term sheet within four No telefacsimilies (faxes) will be miscellaneous refrigeration products.
(4) months of its first meeting. At a accepted. The primary reason for using the
minimum, within four months (4) of its Docket: The docket is available for negotiated rulemaking process for this
first meeting, the working group is review at www.regulations.gov, product is that stakeholders strongly
required to provide a status update to including Federal Register notices, support a consensual rulemaking effort.
ASRAC. An extension of no more than public meeting attendee lists and DOE believes such a regulatory
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![Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17359
received before the public meeting, consider scope of coverage and system it is not necessary to include printed
allow time for prepared general interaction impacts of potential copies.
statements by participants, and standards for fans and blowers. The No telefacsimilies (faxes) will be
encourage all interested parties to share working group will consist of accepted.
their views on issues affecting this representatives of parties having a Docket: The docket is available for
rulemaking. Each participant will be defined stake in the outcome of the review at www.regulations.gov,
allowed to make a general statement regulations, including the proposed including Federal Register notices,
(within time limits determined by DOE), standards, and will consult as public meeting attendee lists and
before the discussion of specific topics. appropriate with a range of experts on transcripts, comments, and other
DOE will allow, as time permits, other technical issues. The working group is supporting documents/materials. All
participants to comment briefly on any expected to make a concerted effort to documents in the docket are listed in
general statements. negotiate a final term sheet within three the www.regulations.gov index.
(3) months of its first meeting. At the However, not all documents listed in
VI. Approval of the Office of the the index may be publicly available,
Secretary completion of negotiation, the term
sheet will be presented to ASRAC at an such as information that is exempt from
The Secretary of Energy has approved open meeting for their deliberation and public disclosure.
publication of today’s notice of intent. decision on whether or not to pass it on FOR FURTHER INFORMATION CONTACT:
Issued in Washington, DC, on March 26, as a formal recommendation to DOE. Ashley Armstrong, U.S. Department of
2015. Lastly, DOE is announcing the first Energy, Office of Building Technologies
Kathleen B. Hogan, Working Group session, which is open (EE–5B), 950 L’Enfant Plaza SW.,
Deputy Assistant Secretary for Energy to the public, on Wednesday, May 6, Washington, DC 20024. Phone: 202–
Efficiency and Renewable Energy. and Thursday, May 7, 2015. 586–6590. Email: asrac@ee.doe.gov.
[FR Doc. 2015–07469 Filed 3–31–15; 8:45 am] DATES: DOE will hold the first meeting SUPPLEMENTARY INFORMATION:
BILLING CODE CODE 6450–01–P for the Fans and Blowers Working I. Authority
Group on Wednesday, May 6, and II. Background
Thursday, May 7, 2015, from 9 a.m. to III. Proposed Negotiating Procedures
DEPARTMENT OF ENERGY 5 p.m., in Washington, DC. Written IV. Comments Requested
comments and request to be appointed V. Public Participation
10 CFR Part 430 VI. Approval of the Office of the Secretary
as members of the working group are
[EERE–2013–BT–STD–0006] welcome and should be submitted by I. Authority
April 15, 2015. This notice of intent, announcing
Appliance Standards and Rulemaking ADDRESSES: The first Fans and Blowers
Federal Advisory Committee: Notice of DOE’s intent to negotiate a proposed
Working Group meeting, which is also rule for fans and blowers energy
Intent To Establish the Fans and open to the public, will be held at the
Blowers Working Group To Negotiate a conservation standards, was developed
U.S. Department of Energy, Forrestal under the authority of sections 563 and
Notice of Proposed Rulemaking Building, Room 8E–089, 1000
(NOPR) for Energy Conservation 564 of the NRA (5 U.S.C. 561–570, Pub.
Independence Avenue SW., L. 104–320). The regulation of fans and
Standards Washington, DC 20585. To attend, blowers for energy conservation
AGENCY: Office of Energy Efficiency and please notify asrac@ee.doe.gov. Persons standards that DOE is proposing to
Renewable Energy, U.S. Department of can attend the public meeting via develop under a negotiated rulemaking
Energy. webinar. For more information, refer to will be developed under the authority of
ACTION: Notice of intent and section V of this document (Public EPCA, as amended, 42 U.S.C. 6311(1)(A)
announcement of public meetings. Participation). and 42 U.S.C. 6291 et seq.
Interested person may submit
SUMMARY: The U.S. Department of comments, identified by docket number II. Background
Energy (DOE or the Department) is EERE–2013–BT–STD–0006 by any of As required by the NRA, DOE is
giving notice that it intends to establish the following methods: giving notice that it is establishing a
a negotiated rulemaking working group 1. Federal eRulemaking Portal: working group under ASRAC to develop
under the Appliance Standards and www.regulations.gov. Follow the proposed energy conservation
Rulemaking Federal Advisory instructions for submitting comments. standards, including the applicability of
Committee (ASRAC) in accordance with 2. Email: ASRAC@ee.doe.gov. Include those standards for various categories of
the Federal Advisory Committee Act docket number EERE–2013–BT–STD– fans and blower currently found on the
(FACA) and the Negotiated Rulemaking 0006 in the subject line of the message. market. EPCA, as amended, directs DOE
Act (NRA) to negotiate proposed 3. Mail: Ms. Brenda Edwards, U.S. to adopt energy conservation standards
definitions, certain aspects of a Department of Energy, Building for fans and blowers for which
proposed test procedure (if applicable), Technologies Office, Mailstop EE–5B, standards would be technologically
and proposed energy conservation 1000 Independence Avenue SW., feasible and economically justified, and
standards for fans and blowers. The Washington, DC 20585–0121. If would result in significant energy
purpose of the working group will be to possible, please submit all items on a savings. There currently are no Federal
discuss and, if possible, reach compact disc (CD), in which case it is
mstockstill on DSK4VPTVN1PROD with PROPOSALS
energy conservation standards for fans
consensus on the scope of the not necessary to include printed copies. and blowers.
rulemaking, certain key aspects of a 4. Hand Delivery/Courier: Ms. Brenda
proposed test procedure, and proposed Edwards, U.S. Department of Energy, A. Negotiated Rulemaking
energy conservation standard for fans Building Technologies Program, 950 DOE has decided to use the negotiated
and blowers, as authorized by the L’Enfant Plaza SW., Suite 600, rulemaking process to develop proposed
Energy Policy and Conservation Act Washington, DC 20024. Telephone: energy conservation standards for fans
(EPCA) of 1975, as amended. As part of (202) 586–2945. If possible, please and blowers. Under EPCA, Congress
its negotiations, the working group will submit all items on a CD, in which case mandated that DOE develop regulations
VerDate Sep<11>2014 18:16 Mar 31, 2015 Jkt 235001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\01APP1.SGM 01APP1](https://thefederalregister.org/doc/80_FR_17417/page/5.svg)
Document Created: 2015-12-18 11:03:54
Document Modified: 2015-12-18 11:03:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of intent; announcement of public meetings. | |
| Dates | DOE will hold the first meeting for the Miscellaneous Refrigeration Products Working Group on Monday, May 4, and Tuesday, May 5, 2015, from 9 a.m. to 5 p.m., in Washington, DC. Written comments and request to be appointed as members of the working group are welcome and should be submitted by April 15, 2015. | |
| Contact | Joseph Hagerman, U.S. Department of Energy, Office of Building Technologies (EE-2J), 950 L'Enfant Plaza SW., Washington, DC 20024. Phone: 202-586-4549. Email: [email protected] | |
| FR Citation | 80 FR 17355 |
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