80_FR_17421 80 FR 17359 - Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish the Fans and Blowers Working Group To Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Conservation Standards

80 FR 17359 - Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish the Fans and Blowers 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)

Page Range17359-17363
FR Document2015-07470

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 definitions, certain aspects of a proposed test procedure (if applicable), and proposed energy conservation standards for fans and blowers. The purpose of the working group will be to discuss and, if possible, reach consensus on the scope of the rulemaking, certain key aspects of a proposed test procedure, and proposed energy conservation standard for fans and blowers, as authorized by the Energy Policy and Conservation Act (EPCA) of 1975, as amended. As part of its negotiations, the working group will consider scope of coverage and system interaction impacts of potential standards for fans and blowers. The working group will consist of representatives of parties having a defined stake in the outcome of the regulations, including 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 three (3) months of its first meeting. At the completion of negotiation, the term sheet will be presented to ASRAC at an open meeting for their deliberation and decision on whether or not to pass it on as a formal recommendation to DOE. Lastly, DOE is announcing the first Working Group session, which is open to the public, on Wednesday, May 6, and Thursday, May 7, 2015.

Federal Register, Volume 80 Issue 62 (Wednesday, April 1, 2015)
[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Proposed Rules]
[Pages 17359-17363]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07470]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2013-BT-STD-0006]


Appliance Standards and Rulemaking Federal Advisory Committee: 
Notice of Intent To Establish the Fans and Blowers 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 and announcement of public meetings.

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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 definitions, certain aspects of a proposed test 
procedure (if applicable), and proposed energy conservation standards 
for fans and blowers. The purpose of the working group will be to 
discuss and, if possible, reach consensus on the scope of the 
rulemaking, certain key aspects of a proposed test procedure, and 
proposed energy conservation standard for fans and blowers, as 
authorized by the Energy Policy and Conservation Act (EPCA) of 1975, as 
amended. As part of its negotiations, the working group will consider 
scope of coverage and system interaction impacts of potential standards 
for fans and blowers. The working group will consist of representatives 
of parties having a defined stake in the outcome of the regulations, 
including 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 three 
(3) months of its first meeting. At the completion of negotiation, the 
term sheet will be presented to ASRAC at an open meeting for their 
deliberation and decision on whether or not to pass it on as a formal 
recommendation to DOE. Lastly, DOE is announcing the first Working 
Group session, which is open to the public, on Wednesday, May 6, and 
Thursday, May 7, 2015.

DATES: DOE will hold the first meeting for the Fans and Blowers Working 
Group on Wednesday, May 6, and Thursday, May 7, 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 Fans and Blowers 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-2013-BT-STD-0006 by 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-2013-BT-STD-
0006 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: Ashley Armstrong, U.S. Department of 
Energy, Office of Building Technologies (EE-5B), 950 L'Enfant Plaza 
SW., Washington, DC 20024. Phone: 202-586-6590. 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 fans and blowers 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 fans and blowers 
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 develop proposed energy 
conservation standards, including the applicability of those standards 
for various categories of fans and blower currently found on the 
market. EPCA, as amended, directs DOE to adopt energy conservation 
standards for fans and blowers for which standards would be 
technologically feasible and economically justified, and would result 
in significant energy savings. There currently are no Federal energy 
conservation standards for fans and blowers.

A. Negotiated Rulemaking

    DOE has decided to use the negotiated rulemaking process to develop 
proposed energy conservation standards for fans and blowers. Under 
EPCA, Congress mandated that DOE develop regulations

[[Page 17360]]

establishing energy conservation standards for covered consumer and 
commercial appliances that are designed to achieve the maximum 
improvement in energy efficiency that are technologically feasible and 
economically justified. 42 U.S.C. 6295(o)(2)(A). The primary reason for 
using the negotiated rulemaking process for developing a proposed 
Federal standard is that stakeholders strongly support a consensual 
rulemaking effort. DOE believes such a regulatory 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. Typically, a preliminary analysis is vetted 
for stakeholder comments after a Framework Document is published and 
comments taken thereon. After the notice of proposed rulemaking is 
published for comment, affected parties may submit arguments and data 
defining and supporting their positions with regard to the issues 
raised in the proposed rule. 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 Fans and Blowers Energy Conservation 
Standards

    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 fans and blowers.

D. Department Commitment

    In initiating this regulatory negotiation process to develop energy 
conservation standards for fans and blowers, 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

[[Page 17361]]

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 
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 on Fans and Blowers Equipment Energy 
Conservation Standards for fans and blowers:
     Scope of coverage (including any system interaction 
effects);
     Key test procedure conditions, as applicable; and
     Proposed energy conservation standard.
    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 notice of data availability 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 establishes energy conservation 
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 fans and blowers 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 
conservation standards of fans and blowers.
     The Department of Energy
     Manufacturers of Fans and Blowers
     Manufacturers of Equipment that Purchase Fans and Blowers
     Trade Associations Representing Manufacturers of Fans and 
Blowers or Equipment that Purchase Fans and Blowers
     Utilities
     Energy Efficiency/Environmental Advocacy Groups
     Consumers
    One purpose of this notice of intent is to determine whether 
Federal regulations regarding fans and blowers energy conservation 
standards 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 ten (10); one (1) to 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:

[[Page 17362]]

     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 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 three (3) months of its first 
meeting. At the completion of negotiation, the term sheet will be 
presented to ASRAC at an open meeting for their deliberation and 
decision on whether or not to pass it on as a formal recommendation to 
DOE. As part of its negotiations, the working group should consider 
scope of coverage and system interaction impacts of potential 
standards.
    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 conservation standards of fans and blowers 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=25. 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

[[Page 17363]]

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 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 proposed rulemaking.

    Issued in Washington, DC, on March 26, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2015-07470 Filed 3-31-15; 8:45 am]
BILLING CODE 6450-01-P



                                                                            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
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                                                                                                                                                                  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


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                                                    17360                   Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules

                                                    establishing energy conservation                        published for comment, affected parties               techniques to the advisory committee or
                                                    standards for covered consumer and                      may submit arguments and data                         working group process.
                                                    commercial appliances that are                          defining and supporting their positions                  After an advisory committee or
                                                    designed to achieve the maximum                         with regard to the issues raised in the               working group reaches consensus on the
                                                    improvement in energy efficiency that                   proposed rule. Congress noted in the                  provisions of a proposed rule, the
                                                    are technologically feasible and                        NRA, however, that regulatory                         Department, consistent with its legal
                                                    economically justified. 42 U.S.C.                       development may ‘‘discourage the                      obligations, uses such consensus as the
                                                    6295(o)(2)(A). The primary reason for                   affected parties from meeting and                     basis of its proposed rule, which then is
                                                    using the negotiated rulemaking process                 communicating with each other, and                    published in the Federal Register. This
                                                    for developing a proposed Federal                       may cause parties with different                      publication provides the required public
                                                    standard is that stakeholders strongly                  interests to assume conflicting and                   notice and provides for a public
                                                    support a consensual rulemaking effort.                 antagonistic positions * * *.’’ 5 U.S.C.              comment period. Other participants and
                                                    DOE believes such a regulatory                          561(2)(2). Congress also stated that                  other interested parties retain their
                                                    negotiation process will be less                                                                              rights to comment, participate in an
                                                                                                            ‘‘adversarial rulemaking deprives the
                                                    adversarial and better suited to                                                                              informal hearing (if requested), and
                                                                                                            affected parties and the public of the
                                                    resolving complex technical issues. An                                                                        request judicial review. DOE
                                                                                                            benefits of face-to-face negotiations and
                                                    important virtue of negotiated                                                                                anticipates, however, that the pre-
                                                                                                            cooperation in developing and reaching                proposal consensus agreed upon by the
                                                    rulemaking is that it allows expert
                                                                                                            agreement on a rule. It also deprives                 advisory committee or working group
                                                    dialog that is much better than
                                                                                                            them of the benefits of shared                        will narrow any issues in the
                                                    traditional techniques at getting the
                                                    facts and issues right and will result in               information, knowledge, expertise, and                subsequent rulemaking.
                                                    a proposed rule that will effectively                   technical abilities possessed by the
                                                                                                            affected parties.’’ 5 U.S.C. 561(2)(3).               C. Proposed Rulemaking for Fans and
                                                    reflect Congressional intent.                                                                                 Blowers Energy Conservation Standards
                                                       A regulatory negotiation will enable                    Using negotiated rulemaking to
                                                    DOE to engage in direct and sustained                   develop a proposed rule differs                          The NRA enables DOE to establish an
                                                    dialog with informed, interested, and                   fundamentally from the Department                     advisory committee or working group if
                                                    affected parties when drafting the                      centered process. In negotiated                       it is determined that the use of the
                                                    regulation, rather than obtaining input                 rulemaking, a proposed rule is                        negotiated rulemaking process is in the
                                                    during a public comment period after                    developed by an advisory committee or                 public interest. DOE intends to develop
                                                    developing and publishing a proposed                    working group, chartered under FACA,                  Federal regulations that build on the
                                                    rule. Gaining this early understanding of               5 U.S.C. App. 2, composed of members                  depth of experience accrued in both the
                                                    all parties’ perspectives allows DOE to                 chosen to represent the various interests             public and private sectors in
                                                    address key issues at an earlier stage of               that will be significantly affected by the            implementing standards and programs.
                                                    the process, thereby allowing more time                                                                          DOE has determined that the
                                                                                                            rule. The goal of the advisory committee
                                                    for an iterative process to resolve issues.                                                                   regulatory negotiation process will
                                                                                                            or working group is to reach consensus
                                                    A rule drafted by negotiation with                                                                            provide for obtaining a diverse array of
                                                                                                            on the treatment of the major issues
                                                    informed and affected parties is                                                                              in-depth input, as well as an
                                                                                                            involved with the rule. The process
                                                    expected to be potentially more                                                                               opportunity for increased collaborative
                                                                                                            starts with the Department’s careful
                                                    pragmatic and more easily implemented                                                                         discussion from both private-sector
                                                                                                            identification of all interests potentially
                                                    than a rule arising from the traditional                                                                      stakeholders and government officials
                                                                                                            affected by the rulemaking under
                                                    process. Such rulemaking improvement                                                                          who are familiar with energy efficiency
                                                                                                            consideration. To help with this
                                                    is likely to provide the public with the                                                                      of fans and blowers.
                                                                                                            identification, the Department publishes
                                                    full benefits of the rule while                         a notice of intent such as this one in the            D. Department Commitment
                                                    minimizing the potential negative                       Federal Register, identifying a
                                                    impact of a proposed regulation                                                                                  In initiating this regulatory
                                                                                                            preliminary list of interested parties and            negotiation process to develop energy
                                                    conceived or drafted without the full
                                                                                                            requesting public comment on that list.               conservation standards for fans and
                                                    prior input of outside knowledgeable
                                                                                                            Following receipt of comments, the                    blowers, DOE is making a commitment
                                                    parties. Because a negotiating working
                                                                                                            Department establishes an advisory                    to provide adequate resources to
                                                    group includes representatives from the
                                                    major stakeholder groups affected by or                 committee or working group                            facilitate timely and successful
                                                    interested in the rule, the number of                   representing the full range of                        completion of the process. This
                                                    public comments on the proposed rule                    stakeholders to negotiate a consensus on              commitment includes making the
                                                    may be decreased. DOE anticipates that                  the terms of a proposed rule.                         process a priority activity for all
                                                    there will be a need for fewer                          Representation on the advisory                        representatives, components, officials,
                                                    substantive changes to a proposed rule                  committee or working group may be                     and personnel of the Department who
                                                    developed under a regulatory                            direct; that is, each member may                      need to be involved in the rulemaking,
                                                    negotiation process prior to the                        represent a specific interest, or may be              from the time of initiation until such
                                                    publication of a final rule.                            indirect, such as through trade                       time as a final rule is issued or the
                                                                                                            associations and/or similarly-situated                process is expressly terminated. DOE
                                                    B. The Concept of Negotiated                            parties with common interests. The                    will provide administrative support for
                                                    Rulemaking                                              Department is a member of the advisory                the process and will take steps to ensure
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                                                      Usually, DOE develops a proposed                      committee or working group and                        that the advisory committee or working
                                                    rulemaking using Department staff and                   represents the Federal government’s                   group has the dedicated resources it
                                                    consultant resources. Typically, a                      interests. The advisory committee or                  requires to complete its work in a timely
                                                    preliminary analysis is vetted for                      working group chair is assisted by a                  fashion. Specifically, DOE will make
                                                    stakeholder comments after a                            neutral mediator who facilitates the                  available the following support services:
                                                    Framework Document is published and                     negotiation process. The role of the                  Properly equipped space adequate for
                                                    comments taken thereon. After the                       mediator, also called a facilitator, is to            public meetings and caucuses; logistical
                                                    notice of proposed rulemaking is                        apply proven consensus-building                       support; word processing and


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                                                                            Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules                                           17361

                                                    distribution of background information;                 will need DOE to provide data and an                  ASRAC. As required by FACA, the
                                                    the service of a facilitator; and such                  analytic framework complete and                       Department will conduct the negotiated
                                                    additional research and other technical                 accurate enough to support their                      rulemaking with particular attention to
                                                    assistance as may be necessary.                         deliberations. DOE’s analyses must be                 ensuring full and balanced
                                                      To the maximum extent possible                        adequate to inform a prospective                      representation of those interests that
                                                    consistent with the legal obligations of                negotiation—for example, a notice of                  may be significantly affected by the
                                                    the Department, DOE will use the                        data availability or equivalent must be               proposed rule governing rules of fans
                                                    consensus of the advisory committee or                  available and timely.                                 and blowers energy conservation
                                                    working group as the basis for the rule                 B. Formation of Working Group                         standards. Section 562 of the NRA
                                                    the Department proposes for public                                                                            defines the term interest as ‘‘with
                                                    notice and comment.                                        A working group will be formed and                 respect to an issue or matter, multiple
                                                                                                            operated in full compliance with the                  parties which have a similar point of
                                                    E. Negotiating Consensus                                requirements of FACA and in a manner                  view or which are likely to be affected
                                                       As discussed above, the negotiated                   consistent with the requirements of the               in a similar manner.’’ Listed below are
                                                    rulemaking process differs                              NRA. DOE has determined that the                      parties the Department to date has
                                                    fundamentally from the usual process                    working group not exceed 25 members.                  identified as being ‘‘significantly
                                                    for developing a proposed rule.                         The Department believes that more than                affected’’ by a proposed rule regarding
                                                    Negotiation enables interested and                      25 members would make it difficult to                 the energy conservation standards of
                                                    affected parties to discuss various                     conduct effective negotiations. DOE is                fans and blowers.
                                                    approaches to issues rather than asking                 aware that there are many more                           • The Department of Energy
                                                    them only to respond to a proposal                      potential participants than there are                    • Manufacturers of Fans and Blowers
                                                    developed by the Department. The                        membership slots on the working group.                   • Manufacturers of Equipment that
                                                    negotiation process involves a mutual                   The Department does not believe, nor                  Purchase Fans and Blowers
                                                    education of the various parties on the                 does the NRA contemplate, that each                      • Trade Associations Representing
                                                    practical concerns about the impact of                  potentially affected group must                       Manufacturers of Fans and Blowers or
                                                    standards. Each advisory committee or                   participate directly in the negotiations;             Equipment that Purchase Fans and
                                                    working group member participates in                    nevertheless, each affected interest can              Blowers
                                                    resolving the interests and concerns of                 be adequately represented. To have a                     • Utilities
                                                    other members, rather than leaving it up                successful negotiation, it is important                  • Energy Efficiency/Environmental
                                                    to DOE to evaluate and incorporate                      for interested parties to identify and                Advocacy Groups
                                                    different points of view.                               form coalitions that adequately                          • Consumers
                                                       A key principle of negotiated                        represent significantly affected interests.              One purpose of this notice of intent is
                                                    rulemaking is that agreement is by                      To provide adequate representation,                   to determine whether Federal
                                                    consensus of all the interests. Thus, no                those coalitions must agree to support,               regulations regarding fans and blowers
                                                    one interest or group of interests is able              both financially and technically, a                   energy conservation standards will
                                                    to control the process. The NRA defines                 member of the working group whom                      significantly affect interests that are not
                                                    consensus as the unanimous                              they choose to represent their interests.             listed above. DOE invites comment and
                                                    concurrence among interests                                DOE recognizes that when it                        suggestions on its initial list of
                                                    represented on a negotiated rulemaking                  establishes energy conservation                       significantly affected interests.
                                                    committee or working group, unless the                  standards for residential products and                   Members may be individuals or
                                                    committee or working group itself                       commercial equipment, various                         organizations. If the effort is to be
                                                    unanimously agrees to use a different                   segments of society may be affected in                fruitful, participants on the working
                                                    definition. 5 U.S.C. 562. In addition,                  different ways, in some cases producing               group should be able to fully and
                                                    experience has demonstrated that using                  unique ‘‘interests’’ in a proposed rule               adequately represent the viewpoints of
                                                    a trained mediator to facilitate this                   based on income, gender, or other                     their respective interests. This
                                                    process will assist all parties, including              factors. The Department will pay                      document gives notice of DOE’s process
                                                    DOE, in identifying their real interests                attention to providing that any unique                to other potential participants and
                                                    in the rule, and thus will enable parties               interests that have been identified, and              affords them the opportunity to request
                                                    to focus on and resolve the important                   that may be significantly affected by the             representation in the negotiations.
                                                    issues.                                                 proposed rule, are represented.                       Those who wish to be appointed as
                                                                                                               FACA also requires that members of                 members of the working group, should
                                                    III. Proposed Negotiating Procedures                    the public have the opportunity to                    submit a request to DOE, in accordance
                                                                                                            attend meetings of the full committee                 with the public participation procedures
                                                    A. Key Issues for Negotiation
                                                                                                            and speak or otherwise address the                    outlined in the DATES and ADDRESSES
                                                      The following issues and concerns                     committee during the public comment                   sections of this notice of intent.
                                                    will underlie the work of the Negotiated                period. In addition, any member of the                Membership of the working group is
                                                    Rulemaking Committee on Fans and                        public is permitted to file a written                 likely to involve:
                                                    Blowers Equipment Energy                                statement with the advisory committee.                   • Attendance at approximately ten
                                                    Conservation Standards for fans and                     DOE plans to follow these same                        (10); one (1) to two (2) day meetings;
                                                    blowers:                                                procedures in conducting meetings of                     • Travel costs to those meetings; and
                                                      • Scope of coverage (including any                                                                             • Preparation time for those meetings.
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                                                                                                            the working group.
                                                    system interaction effects);                                                                                     Members serving on the working
                                                      • Key test procedure conditions, as                   C. Interests Involved/Working Group                   group will not receive compensation for
                                                    applicable; and                                         Membership                                            their services. Interested parties who are
                                                      • Proposed energy conservation                          DOE anticipates that the working                    not selected for membership on the
                                                    standard.                                               group will comprise no more than 25                   working group may make valuable
                                                      To examine the underlying issues                      members who represent affected and                    contributions to this negotiated
                                                    outlined above, and others not yet                      interested stakeholder groups, at least               rulemaking effort in any of the following
                                                    articulated, all parties in the negotiation             one of whom must be a member of the                   ways:


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                                                    17362                   Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules

                                                       • The person may request to be                       bargaining table in an attempt to reach               related to the functions of the working
                                                    placed on the working group mailing                     a consensus, as opposed to keeping key                group before beginning. DOE will
                                                    list and submit written comments as                     issues in reserve. The second is a                    establish a meeting schedule based on
                                                    appropriate.                                            willingness to keep the issues at the                 the settlement agreement and produce
                                                       • The person may attend working                      table and not take them to other forums.              the necessary documents so as to adhere
                                                    group meetings, which are open to the                   Finally, good faith includes a                        to that schedule. While the negotiated
                                                    public; caucus with his or her interest’s               willingness to move away from some of                 rulemaking process is underway, DOE is
                                                    member on the working group; or even                    the positions often taken in a more                   committed to performing much of the
                                                    address the working group during the                    traditional rulemaking process, and                   same analysis as it would during a
                                                    public comment portion of the working                   instead explore openly with other                     normal standards rulemaking process
                                                    group meeting.                                          parties all ideas that may emerge from                and to providing information and
                                                       • The person could assist the efforts                the working group’s discussions.                      technical support to the working group.
                                                    of a workgroup that the working group
                                                    might establish.                                        E. Facilitator                                        IV. Comments Requested
                                                       A working group may establish                          The facilitator will act as a neutral in              DOE requests comments on which
                                                    informal workgroups, which usually are                  the substantive development of the                    parties should be included in a
                                                    asked to facilitate committee                           proposed standard. Rather, the                        negotiated rulemaking to develop draft
                                                    deliberations by assisting with various                 facilitator’s role generally includes:                language pertaining to the energy
                                                    technical matters (e.g., researching or                   • Impartially assisting the members of              conservation standards of fans and
                                                    preparing summaries of the technical                    the working group in conducting                       blowers and suggestions of additional
                                                    literature or comments on specific                      discussions and negotiations; and                     interests and/or stakeholders that
                                                    matters such as economic issues).                         • Impartially assisting in performing               should be represented on the working
                                                    Workgroups also might assist in                         the duties of the Designated Federal                  group. All who wish to participate as
                                                    estimating costs or drafting regulatory                 Official under FACA.                                  members of the working group should
                                                    text on issues associated with the                                                                            submit a request for nomination to DOE.
                                                    analysis of the costs and benefits                      F. Department Representative
                                                    addressed, or formulating drafts of the                   The DOE representative will be a full               V. Public Participation
                                                    various provisions and their                            and active participant in the consensus               Attendance at the Public Meeting
                                                    justifications as previously developed                  building negotiations. The Department’s
                                                    by the working group. Given their                       representative will meet regularly with                  The time, date, and location of the
                                                    support function, workgroups usually                    senior Department officials, briefing                 public meeting are listed in the DATES
                                                    consist of participants who have                        them on the negotiations and receiving                and ADDRESSES sections. If you plan to
                                                    expertise or particular interest in the                 their suggestions and advice so that he               attend the public meeting, please notify
                                                    technical matter(s) being studied.                      or she can effectively represent the                  asrac@doe.gov. Please note that foreign
                                                    Because it recognizes the importance of                 Department’s views regarding the issues               nationals participating in the public
                                                    this support work for the working                       before the working group. DOE’s                       meeting are subject to advance security
                                                    group, DOE will provide appropriate                     representative also will ensure that the              screening procedures which require
                                                    technical expertise for such workgroups.                entire spectrum of governmental                       advance notice prior to attendance at
                                                                                                            interests affected by the standards                   the public meeting. If a foreign national
                                                    D. Good Faith Negotiation                                                                                     wishes to participate in the public
                                                                                                            rulemaking, including the Office of
                                                       Every working group member must be                   Management and Budget, the Attorney                   meeting, please inform DOE as soon as
                                                    willing to negotiate in good faith and                  General, and other Departmental offices,              possible by contacting
                                                    have the authority, granted by his or her               are kept informed of the negotiations                 regina.washington@ee.doe.gov so that
                                                    constituency, to do so. The first step is               and encouraged to make their concerns                 the necessary procedures can be
                                                    to ensure that each member has good                     known in a timely fashion.                            completed. Please also note that those
                                                    communications with his or her                                                                                wishing to bring laptops into the
                                                    constituencies. An intra-interest                       G. Working Group and Schedule                         Forrestal Building will be required to
                                                    network of communication should be                         After evaluating the comments                      obtain a property pass. Visitors should
                                                    established to bring information from                   submitted in response to this notice of               avoid bringing laptops, or allow an extra
                                                    the support organization to the member                  intent and the requests for nominations,              45 minutes.
                                                    at the table, and to take information                   DOE will either inform the members of                    In addition, you can attend the public
                                                    from the table back to the support                      the working group that they have been                 meeting via webinar. Webinar
                                                    organization. Second, each organization                 selected or determine that conducting a               registration information, participant
                                                    or coalition therefore should designate                 negotiated rulemaking is inappropriate.               instructions, and information about the
                                                    as its representative a person having the                  The working group is expected to                   capabilities available to webinar
                                                    credibility and authority to ensure that                make a concerted effort to negotiate a                participants will be published on DOE’s
                                                    needed information is provided and                      final term sheet within three (3) months              Web site at: http://www1.eere.energy.
                                                    decisions are made in a timely fashion.                 of its first meeting. At the completion of            gov/buildings/appliance_standards/
                                                    Negotiated rulemaking can require the                   negotiation, the term sheet will be                   rulemaking.aspx?ruleid=25. Participants
                                                    appointed members to give a significant                 presented to ASRAC at an open meeting                 are responsible for ensuring their
                                                    sustained for as long as the duration of                for their deliberation and decision on
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                                                                                                                                                                  systems are compatible with the
                                                    the negotiated rulemaking. Other                        whether or not to pass it on as a formal              webinar software.
                                                    qualities of members that can be helpful                recommendation to DOE. As part of its
                                                                                                                                                                  Conduct of the Public Meeting
                                                    are negotiating experience and skills,                  negotiations, the working group should
                                                    and sufficient technical knowledge to                   consider scope of coverage and system                   DOE will designate a DOE official to
                                                    participate in substantive negotiations.                interaction impacts of potential                      preside at the public meeting and may
                                                       Certain concepts are central to                      standards.                                            also use a professional facilitator to aid
                                                    negotiating in good faith. One is the                      DOE will advise working group                      discussion. The meeting will not be a
                                                    willingness to bring all issues to the                  members of administrative matters                     judicial or evidentiary-type public


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                                                                            Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules                                               17363

                                                    hearing, but DOE will conduct it in                     Rulemaking Federal Advisory                           completed. Please also note that those
                                                    accordance with section 336 of EPCA.                    Committee (ASRAC) in accordance with                  wishing to bring laptops into the
                                                    (42 U.S.C. 6306) A court reporter will be               the Federal Advisory Committee Act                    Forrestal Building will be required to
                                                    present to record the proceedings and                   (FACA) and the Negotiated Rulemaking                  obtain a property pass. Visitors should
                                                    prepare a transcript. DOE reserves the                  Act (NRA) to negotiate regarding energy               avoid bringing laptops, or allow an extra
                                                    right to schedule the order of                          conservation standards for small, large,              45 minutes. Persons can attend the
                                                    presentations and to establish the                      and very large, air-cooled commercial                 public meeting via webinar. For more
                                                    procedures governing the conduct of the                 package air conditioners and heat                     information, refer to section V of this
                                                    public meeting. After the public                        pumps as well as commercial warm air                  document (Public Participation).
                                                    meeting, interested parties may submit                  furnaces. The purpose of the working                     Interested person may submit
                                                    further comments on the proceedings as                  group will be to discuss and, if possible,            comments, identified by docket number
                                                    well as on any aspect of the rulemaking                 reach consensus regarding the                         EERE–2013–BT–STD–0007; EERE–
                                                    until the end of the comment period.                    development of energy conservation                    2013–BT–STD–0021 by any of the
                                                       The public meeting will be conducted                 standards for small, large, and very                  following methods:
                                                    in an informal, conference style. DOE                   large, air-cooled commercial package air
                                                    will present summaries of comments                                                                               1. Federal eRulemaking Portal:
                                                                                                            conditioners and heat pumps as well as
                                                    received before the public meeting,                                                                           www.regulations.gov. Follow the
                                                                                                            commercial warm air furnaces, as
                                                    allow time for prepared general                                                                               instructions for submitting comments.
                                                                                                            authorized by the Energy Policy and
                                                    statements by participants, and                         Conservation Act (EPCA) of 1975, as                      2. Email: ASRAC@ee.doe.gov. Include
                                                    encourage all interested parties to share               amended. The working group will                       docket number EERE–2013–BT–STD–
                                                    their views on issues affecting this                    consist of representatives of parties                 0007; EERE–2013–BT–STD–0021 in the
                                                    rulemaking. Each participant will be                    having a defined stake in the outcome                 subject line of the message.
                                                    allowed to make a general statement                     of the energy conservation standards,                    3. Mail: Ms. Brenda Edwards, U.S.
                                                    (within time limits determined by DOE),                 and will consult as appropriate with a                Department of Energy, Building
                                                    before the discussion of specific topics.               range of experts on technical issues.                 Technologies Office, Mailstop EE–5B,
                                                    DOE will allow, as time permits, other                     The working group is expected to                   1000 Independence Avenue SW.,
                                                    participants to comment briefly on any                  negotiate a final term sheet regarding                Washington, DC 20585–0121. If
                                                    general statements.                                     energy conservation standards for the                 possible, please submit all items on a
                                                                                                            aforementioned equipment by Monday,                   compact disc (CD), in which case it is
                                                    VI. Approval of the Office of the
                                                                                                            June 15, 2015. The final term sheet will              not necessary to include printed copies.
                                                    Secretary
                                                                                                            be presented to ASRAC at an open                         4. Hand Delivery/Courier: Ms. Brenda
                                                      The Secretary of Energy has approved                  meeting for their deliberation and
                                                    publication of today’s notice of                                                                              Edwards, U.S. Department of Energy,
                                                                                                            decision on whether to pass it on as a                Building Technologies Program, 950
                                                    proposed rulemaking.                                    formal recommendation to DOE.                         L’Enfant Plaza SW., Suite 600,
                                                      Issued in Washington, DC, on March 26,                DATES: Written comments and request to                Washington, DC 20024. Telephone:
                                                    2015.                                                   be appointed as members of the CUAC                   (202) 586–2945. If possible, please
                                                    Kathleen B. Hogan,                                      and CWAF Working Group, including                     submit all items on a CD, in which case
                                                    Deputy Assistant Secretary for Energy                   an application package, are welcome                   it is not necessary to include printed
                                                    Efficiency and Renewable Energy.                        and should be submitted by April 15,                  copies.
                                                    [FR Doc. 2015–07470 Filed 3–31–15; 8:45 am]             2015.                                                    No telefacsimilies (faxes) will be
                                                    BILLING CODE 6450–01–P                                     DOE will hold the first meeting for the
                                                                                                                                                                  accepted.
                                                                                                            CUAC and CWAF Working Group on
                                                                                                            Tuesday, April, 28, 2015, from 9 a.m. to                 Docket: The docket is available for
                                                    DEPARTMENT OF ENERGY                                    5 p.m., in Washington, DC. The meeting                review at www.regulations.gov,
                                                                                                            will also be broadcast as a webinar. See              including Federal Register notices,
                                                    10 CFR Part 431                                         section V Public Participation for                    public meeting attendee lists and
                                                    [EERE–2013–BT–STD–0007; EERE–2013–                      webinar registration information,                     transcripts, comments, and other
                                                    BT–STD–0021]                                            participant instructions, and                         supporting documents/materials. All
                                                                                                            information about the capabilities                    documents in the docket are listed in
                                                    Appliance Standards and Rulemaking                      available to webinar participants.                    the www.regulations.gov index.
                                                    Federal Advisory Committee: Notice of                   ADDRESSES: The first CUAC and CWAF
                                                                                                                                                                  However, not all documents listed in
                                                    Intent To Establish the Commercial                      Working Group meeting, which is also                  the index may be publicly available,
                                                    Package Air Conditioners and Heat                       open to the public, will be held at the               such as information that is exempt from
                                                    Pumps and Commercial Warm Air                           U.S. Department of Energy, Forrestal                  public disclosure.
                                                    Furnaces Working Group To Negotiate                     Building, Room 8E–089, 1000                           FOR FURTHER INFORMATION CONTACT:   John
                                                    Potential Energy Conservation                           Independence Avenue SW.,                              Cymbalsky, U.S. Department of Energy,
                                                    Standards                                               Washington, DC 20585. To attend,                      Office of Building Technologies (EE–2J),
                                                    AGENCY: Office of Energy Efficiency and                 please notify asrac@ee.doe.gov. Please                950 L’Enfant Plaza SW., Washington,
                                                    Renewable Energy, U.S. Department of                    note that foreign nationals participating             DC 20024. Phone: 202–287–1692. Email:
                                                                                                            in the public meeting are subject to                  asrac@ee.doe.gov.
mstockstill on DSK4VPTVN1PROD with PROPOSALS




                                                    Energy.
                                                    ACTION: Notice of intent and                            advance security screening procedures
                                                                                                                                                                  SUPPLEMENTARY INFORMATION:
                                                    announcement of a public meeting.                       which require advance notice prior to
                                                                                                            attendance at the public meeting. If a                Preamble
                                                    SUMMARY:   The U.S. Department of                       foreign national wishes to participate in             I. Authority
                                                    Energy (DOE or the Department) is                       the public meeting, please inform DOE                 II. Background
                                                    giving notice that it intends to establish              as soon as possible by contacting                     III. Proposed Negotiating Procedures
                                                    a negotiated rulemaking working group                   regina.washington@ee.doe.gov so that                  IV. Comments Requested
                                                    under the Appliance Standards and                       the necessary procedures can be                       V. Public Participation



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Document Created: 2015-12-18 11:04:41
Document Modified: 2015-12-18 11:04:41
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of intent and announcement of public meetings.
DatesDOE will hold the first meeting for the Fans and Blowers Working Group on Wednesday, May 6, and Thursday, May 7, 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.
ContactAshley Armstrong, U.S. Department of Energy, Office of Building Technologies (EE-5B), 950 L'Enfant Plaza SW., Washington, DC 20024. Phone: 202-586-6590. Email: [email protected]
FR Citation80 FR 17359 

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