80_FR_46671 80 FR 46521 - Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish a Working Group for Certain Equipment Classes of Refrigeration Systems of Walk-in Coolers and Freezers To Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Conservation Standards

80 FR 46521 - Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish a Working Group for Certain Equipment Classes of Refrigeration Systems of Walk-in Coolers and Freezers To Negotiate a Notice of Proposed Rulemaking (NOPR) for Energy Conservation Standards

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 150 (August 5, 2015)

Page Range46521-46525
FR Document2015-19235

The U.S. Department of Energy (``DOE'' or, in context, ``the Department'') is giving notice of a public meeting and that DOE 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 amended energy conservation standards for six equipment classes (i.e., the two equipment classes of multiplex condensing refrigeration systems operating at medium and low temperatures and the four equipment classes of dedicated condensing refrigeration systems operating at low temperatures) of walk-in cooler and freezer refrigeration systems. The purpose of the working group will be to discuss and, if possible, reach consensus on a proposed rule regarding amended energy conservation standards for only those aforementioned equipment classes of refrigeration systems of walk-in coolers and freezers, as authorized by the Energy Policy and Conservation Act (EPCA) of 1975, as amended. The working group will consist of representatives of parties having a defined stake in the outcome of the proposed standards, and will consult as appropriate with a range of experts on technical issues. Per the ASRAC Charter, the working group is expected to make a concerted effort to negotiate a final term sheet by December 27, 2015.

Federal Register, Volume 80 Issue 150 (Wednesday, August 5, 2015)
[Federal Register Volume 80, Number 150 (Wednesday, August 5, 2015)]
[Proposed Rules]
[Pages 46521-46525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19235]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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

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Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / 
Proposed Rules

[[Page 46521]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2015-BT-STD-0016]


Appliance Standards and Rulemaking Federal Advisory Committee: 
Notice of Intent To Establish a Working Group for Certain Equipment 
Classes of Refrigeration Systems of Walk-in Coolers and Freezers 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 meeting.

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SUMMARY: The U.S. Department of Energy (``DOE'' or, in context, ``the 
Department'') is giving notice of a public meeting and that DOE 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 amended 
energy conservation standards for six equipment classes (i.e., the two 
equipment classes of multiplex condensing refrigeration systems 
operating at medium and low temperatures and the four equipment classes 
of dedicated condensing refrigeration systems operating at low 
temperatures) of walk-in cooler and freezer refrigeration systems. The 
purpose of the working group will be to discuss and, if possible, reach 
consensus on a proposed rule regarding amended energy conservation 
standards for only those aforementioned equipment classes of 
refrigeration systems of walk-in coolers and freezers, as authorized by 
the Energy Policy and Conservation Act (EPCA) of 1975, as amended. The 
working group will consist of representatives of parties having a 
defined stake in the outcome of the proposed standards, and will 
consult as appropriate with a range of experts on technical issues. Per 
the ASRAC Charter, the working group is expected to make a concerted 
effort to negotiate a final term sheet by December 27, 2015.

DATES: DOE will host the first Working Group meeting, which is open to 
the public, and will be broadcast via webinar on Thursday, August 27, 
2015 from 9:00 a.m. to 5:00 p.m. in Washington, DC.
    Written comments and applications (i.e., cover letter and resume) 
to be appointed as members of the working group are welcome and should 
be submitted by August 12, 2015.

ADDRESSES: U.S. Department of Energy, Forrestal Building, 1000 
Independence Avenue SW., Washington, DC 20585, Room 8E-089. Individuals 
will also have the opportunity to participate by webinar. To register 
for the webinar and receive call-in information, please register http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/30.
    Interested person may submit comments and an application for 
membership (including a cover letter and resume), identified by docket 
number EERE-2015-BT-STD-0016, via 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-2015-BT-STD-
0016 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 http://www.regulations.gov/#!docketDetail;D=EERE-2015-BT-STD-0016, 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 http://www.regulations.gov/#!docketDetail;D=EERE-2015-BT-STD-0016 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: John Cymbalsky, U.S. Department of 
Energy, Office of Building Technologies (EE-2J), 950 L'Enfant Plaza 
SW., Washington, DC 20024. Phone: 202-287-1692. 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

    DOE is announcing its intent to negotiate proposed energy 
conservation standards for the two walk-in cooler and freezer equipment 
classes applicable to multiplex condensing refrigeration systems 
operating at medium and low temperatures and the four walk-in cooler 
and freezer equipment classes applicable to dedicated condensing 
refrigeration systems operating at low temperatures, under the 
authority of sections 563 and 564 of the NRA (5 U.S.C. 561-570, Pub. L. 
104-320). The regulation of walk-in coolers and freezers 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) 
and 42 U.S.C. 6291 et seq.

II. Background

    As required by the NRA, DOE is giving notice that it is 
establishing a working group under ASRAC to discuss proposed energy 
conservation standards for the two walk-in cooler and freezer equipment 
classes applicable to multiplex condensing refrigeration systems 
operating at medium and low temperatures and the four walk-in cooler 
and freezer equipment classes applicable to dedicated condensing 
refrigeration systems operating at low temperatures.

[[Page 46522]]

A. Negotiated Rulemaking

    Consistent with the parties' settlement agreement in Lennox v. DOE, 
No. 14-60535 (5th Cir.), DOE is supporting the use of the negotiated 
rulemaking process to discuss and develop proposed energy conservation 
standards for the two walk-in cooler and freezer equipment classes 
applicable to multiplex condensing refrigeration systems operating at 
medium and low temperatures and the four walk-in cooler and freezer 
equipment classes applicable to dedicated condensing refrigeration 
systems operating at low temperatures. The primary reason for using the 
negotiated rulemaking process for this product is that stakeholders 
strongly support a consensual rulemaking effort. DOE believes such a 
regulatory 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. A rule 
drafted by negotiation with informed and affected parties is expected 
to be potentially more pragmatic and more easily implemented than a 
rule arising from the traditional process. Such rulemaking improvement 
is likely to provide the public with the full benefits of the rule 
while minimizing the potential negative impact of a proposed regulation 
conceived or drafted without the full prior input of outside 
knowledgeable parties. Because a negotiating working group includes 
representatives from the major stakeholder groups affected by or 
interested in the rule, the number of public comments on the proposed 
rule may be decreased. DOE anticipates that there will be a need for 
fewer substantive changes to a proposed rule developed under a 
regulatory negotiation process prior to the publication of a final 
rule.

B. The Concept of Negotiated Rulemaking

    Usually, DOE develops a proposed rulemaking using Department staff 
and consultant resources. Congress noted in the NRA, however, that 
regulatory development may ``discourage the affected parties from 
meeting and communicating with each other, and may cause parties with 
different interests to assume conflicting and antagonistic positions . 
. . .'' 5 U.S.C. 561(2)(2). Congress also stated that ``adversarial 
rulemaking deprives the affected parties and the public of the benefits 
of face-to-face negotiations and cooperation in developing and reaching 
agreement on a rule. It also deprives them of the benefits of shared 
information, knowledge, expertise, and technical abilities possessed by 
the affected parties.'' 5 U.S.C. 561(2)(3).
    Using negotiated rulemaking to develop a proposed rule differs 
fundamentally from the Department-centered process. In negotiated 
rulemaking, a proposed rule is developed by an advisory committee or 
working group, chartered under FACA, 5 U.S.C. App. 2, composed of 
members chosen to represent the various interests that will be 
significantly affected by the rule. The goal of the advisory committee 
or working group is to reach consensus on the treatment of the major 
issues involved with the rule. The process starts with the Department's 
careful identification of all interests potentially affected by the 
rulemaking under consideration. To help with this identification, the 
Department publishes a notice of intent such as this one in the Federal 
Register, identifying a preliminary list of interested parties and 
requesting public comment on that list. Following receipt of comments, 
the Department establishes an advisory committee or working group 
representing the full range of stakeholders to negotiate a consensus on 
the terms of a proposed rule. Representation on the advisory committee 
or working group may be direct; that is, each member may represent a 
specific interest, or may be indirect, such as through trade 
associations and/or similarly-situated parties with common interests. 
The Department is a member of the advisory committee or working group 
and represents the Federal government's interests. The advisory 
committee or working group chair is assisted by a neutral mediator who 
facilitates the negotiation process. The role of the mediator, also 
called a facilitator, is to apply proven consensus-building techniques 
to the advisory committee or working group process.
    After an advisory committee or working group reaches consensus on 
the provisions of a proposed rule, the Department, consistent with its 
legal obligations, uses such consensus as the basis of its proposed 
rule, which then is published in the Federal Register. This publication 
provides the required public notice and provides for a public comment 
period. Other participants and other interested parties retain their 
rights to comment, participate in an informal hearing (if requested), 
and request judicial review. DOE anticipates, however, that the pre-
proposal consensus agreed upon by the advisory committee or working 
group will narrow any issues in the subsequent rulemaking.

C. Proposed Rulemaking for Energy Conservation Standards Regarding 
Certain Equipment Classes of Walk-in Coolers and Freezers

    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 is supporting the use of the regulatory negotiation process in 
order to 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 the energy efficiency of walk-in coolers and freezers.

D. Department Commitment

    In initiating this regulatory negotiation process to develop 
amendments to the energy conservation standards for the two walk-in 
cooler and freezer equipment classes applicable to multiplex condensing 
refrigeration systems operating at medium and low temperatures and the 
four walk-in cooler and freezer equipment classes applicable to 
dedicated condensing refrigeration systems operating at low 
temperatures, 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

[[Page 46523]]

public meetings and caucuses; logistical support; word processing and 
distribution of background information; the service of a facilitator; 
and such additional research and other technical assistance as may be 
necessary.
    To the maximum extent possible consistent with the legal 
obligations of the Department, DOE will use the consensus of the 
advisory committee or working group as the basis for the rule the 
Department proposes for public notice and comment.

E. Negotiating Consensus

    As discussed above, the negotiated rulemaking process differs 
fundamentally from the usual process for developing a proposed rule. 
Negotiation enables interested and affected parties to discuss various 
approaches to issues rather than asking them only to respond to a 
proposal developed by the Department. The negotiation process involves 
a mutual education of the various parties on the practical concerns 
about the impact of standards. Each advisory committee or working group 
member participates in resolving the interests and concerns of other 
members, rather than leaving it up to DOE to evaluate and incorporate 
different points of view.
    A key principle of negotiated rulemaking is that agreement is by 
consensus of all the interests. Thus, no one interest or group of 
interests is able to control the process. The NRA defines consensus as 
the unanimous concurrence among interests represented on a negotiated 
rulemaking committee or working group, unless the committee or working 
group itself unanimously agrees to use a different definition. 5 U.S.C. 
562. In addition, experience has demonstrated that using a trained 
mediator to facilitate this process will assist all parties, including 
DOE, in identifying their real interests in the rule, and thus will 
enable parties to focus on and resolve the important issues.

III. Proposed Negotiating Procedures

A. Key Issues for Negotiation

    The following issues and concerns will underlie the work of the 
Negotiated Rulemaking Committee for walk-in coolers and freezers and be 
limited to the items specified below:
     Proposed energy conservation standards for the two walk-in 
cooler and freezer equipment classes applicable to multiplex condensing 
refrigeration systems operating at medium and low temperatures and the 
four walk-in cooler and freezer equipment classes applicable to 
dedicated condensing refrigeration systems operating at low 
temperatures. See 10 CFR 431.306(e).; and
     As part of the analysis considered underlying the proposed 
energy conservation standards mentioned, DOE will consider any comments 
(including any accompanying data) regarding the potential impacts of 
these six proposed standards on installers.
    To examine the underlying issues outlined above, 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, DOE published the technological and economic spreadsheets 
associated with the June 3, 2014 final rule along with a technical 
support document detailing those analyses. See http://www.regulations.gov/#!documentDetail;D=EERE-2008-BT-STD-0015-0131). DOE 
expects to start the Working Group's discussions with a list of 
analytical issues that should be considered for revision based on the 
June 2014 analysis for the six equipment classes of refrigeration walk-
in cooler and freezer refrigeration systems subject to the negotiations 
and encourages interested parties to submit any new data to be 
considered to the Working Group.

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 
shall not exceed 25 members. The Department believes that more than 25 
members would make it difficult to conduct effective negotiations. DOE 
is aware that there are many more potential participants than there are 
membership slots on the working group. The Department does not believe, 
nor does the NRA contemplate, that each potentially affected group must 
participate directly in the negotiations; nevertheless, each affected 
interest can be adequately represented. To have a successful 
negotiation, it is important for interested parties to identify and 
form coalitions that adequately represent significantly affected 
interests. To provide adequate representation, those coalitions must 
agree to support, both financially and technically, a member of the 
working group whom they choose to represent their interests.
    DOE recognizes that when it considers adding covered products and 
establishing energy efficiency standards for residential products and 
commercial equipment, various segments of society may be affected in 
different ways--in some cases, producing unique ``interests'' in a 
proposed rule based on income, gender, or other factors. The Department 
will pay attention to providing that any unique interests that have 
been identified, and that may be significantly affected by the proposed 
rule, are represented.
    FACA also requires that members of the public have the opportunity 
to attend meetings of the full committee and speak or otherwise address 
the committee during the public comment period. In addition, any member 
of the public is permitted to file a written statement with the 
advisory committee. DOE plans to follow these same procedures in 
conducting meetings of the working group.

C. Interests Involved/Working Group Membership

    DOE anticipates that the working group will comprise no more than 
25 members who represent affected and interested stakeholder groups, at 
least one of whom must be a member of the ASRAC. As required by FACA, 
the Department will conduct the negotiated rulemaking with particular 
attention to ensuring full and balanced representation of those 
interests that may be significantly affected by the proposed rule 
governing standards for the two walk-in cooler and freezer equipment 
classes applicable to multiplex condensing refrigeration systems 
operating at medium and low temperatures and the four walk-in cooler 
and freezer equipment classes applicable to dedicated condensing 
refrigeration systems operating at low temperatures. Section 562 of the 
NRA defines the term ``interest'' as ``with respect to an issue or 
matter, multiple parties which have a similar point of view or which 
are likely to be affected in a similar manner.'' Listed below are 
parties the Department to date has identified as being ``significantly 
affected'' by a proposed rule regarding the energy efficiency of walk-
in coolers and freezers.
     The Department of Energy;
     Trade Associations representing refrigeration system 
manufacturers of walk-in coolers and freezers;
     Manufacturers of refrigeration systems of walk-in coolers 
and freezers;
     Manufacturers of walk-in coolers and freezer refrigeration 
system components and related suppliers;
     Distributors or contractors selling or installers of 
refrigeration systems of walk-in coolers and freezers;
     Utilities;

[[Page 46524]]

     Energy efficiency/environmental advocacy groups; and
     Commercial customers.
    One purpose of this notice of intent is to determine whether 
Federal regulations for the two walk-in cooler and freezer equipment 
classes applicable to multiplex condensing refrigeration systems 
operating at medium and low temperatures and the four walk-in cooler 
and freezer equipment classes applicable to dedicated condensing 
refrigeration systems operating at low temperatures 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 in 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 eight (8), one (1)- to two 
(2)-day meetings (with the potential for two (2) additional one (1)- or 
two (2)-day meetings);
     Travel costs to those meetings; and
     Preparation time for those meetings.
    Members serving on the working group will not receive compensation 
for their services. Interested parties who are not selected for 
membership on the working group may make valuable contributions to this 
negotiated rulemaking effort in any of the following ways:
     The person may request to be placed on the working group 
mailing list and submit written comments as appropriate.
     The person may attend working group meetings, which are 
open to the public; caucus with his or her interest's member on the 
working group; or even address the working group during the public 
comment portion of the working group meeting.
     The person could assist the efforts of a workgroup that 
the working group might establish.
    A working group may establish informal workgroups, which usually 
are 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.
    Per the ASRAC Charter, the working group is expected to make a 
concerted effort to negotiate a final term sheet by December 27, 2015.
    DOE will advise working group members of administrative matters 
related to the functions of the working group before beginning. While 
the negotiated rulemaking process is underway, DOE is committed to 
performing much of the same analysis as it would during a normal 
standards rulemaking process and to providing information and technical 
support to the working group.

IV. Comments Requested

    DOE requests comments on which parties should be included in a 
negotiated rulemaking to develop draft language pertaining to the 
energy efficiency of walk-in coolers and freezers 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

    Members of the public are welcome to observe the business of the 
meeting and, if time allows, may make oral

[[Page 46525]]

statements during the specified period for public comment. To attend 
the meeting and/or to make oral statements regarding any of the items 
on the agenda, email [email protected]. In the email, please indicate 
your name, organization (if appropriate), citizenship, and contact 
information. 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 Ms. Regina 
Washington at (202) 586-1214 or by email: [email protected] 
so that the necessary procedures can be completed. Anyone attending the 
meeting will be required to present a government photo identification, 
such as a passport, driver's license, or government identification. Due 
to the required security screening upon entry, individuals attending 
should arrive early to allow for the extra time needed.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS) recent changes regarding ID requirements for individuals 
wishing to enter Federal buildings from specific states and U.S. 
territories. Driver's licenses from the following states or territory 
will not be accepted for building entry and one of the alternate forms 
of ID listed below will be required.
    DHS has determined that regular driver's licenses (and ID cards) 
from the following jurisdictions are not acceptable for entry into DOE 
facilities: Alaska, Louisiana, New York, American Samoa, Maine, 
Oklahoma, Arizona, Massachusetts, Washington, and Minnesota.
    Acceptable alternate forms of Photo-ID include: U.S. Passport or 
Passport Card; an Enhanced Driver's License or Enhanced ID-Card issued 
by the states of Minnesota, New York or Washington (Enhanced licenses 
issued by these states are clearly marked Enhanced or Enhanced Driver's 
License); a military ID or other Federal government issued Photo-ID 
card.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's notice 
of intent.

    Issued in Washington, DC, on July 31, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2015-19235 Filed 8-4-15; 8:45 am]
 BILLING CODE 6450-01-P



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                                               Proposed Rules                                                                                                Federal Register
                                                                                                                                                             Vol. 80, No. 150

                                                                                                                                                             Wednesday, August 5, 2015



                                               This section of the FEDERAL REGISTER                    having a defined stake in the outcome                 #!docketDetail;D=EERE-2015-BT-STD-
                                               contains notices to the public of the proposed          of the proposed standards, and will                   0016, including Federal Register
                                               issuance of rules and regulations. The                  consult as appropriate with a range of                notices, public meeting attendee lists
                                               purpose of these notices is to give interested          experts on technical issues. Per the                  and transcripts, comments, and other
                                               persons an opportunity to participate in the            ASRAC Charter, the working group is                   supporting documents/materials. All
                                               rule making prior to the adoption of the final
                                               rules.
                                                                                                       expected to make a concerted effort to                documents in the docket are listed in
                                                                                                       negotiate a final term sheet by December              the http://www.regulations.gov/
                                                                                                       27, 2015.                                             #!docketDetail;D=EERE-2015-BT-STD-
                                               DEPARTMENT OF ENERGY                                    DATES: DOE will host the first Working                0016 index. However, not all documents
                                                                                                       Group meeting, which is open to the                   listed in the index may be publicly
                                               10 CFR Part 430                                         public, and will be broadcast via                     available, such as information that is
                                               [Docket Number EERE–2015–BT–STD–                        webinar on Thursday, August 27, 2015                  exempt from public disclosure.
                                               0016]                                                   from 9:00 a.m. to 5:00 p.m. in                        FOR FURTHER INFORMATION CONTACT: John
                                                                                                       Washington, DC.                                       Cymbalsky, U.S. Department of Energy,
                                               Appliance Standards and Rulemaking                         Written comments and applications                  Office of Building Technologies (EE–2J),
                                               Federal Advisory Committee: Notice of                   (i.e., cover letter and resume) to be                 950 L’Enfant Plaza SW., Washington,
                                               Intent To Establish a Working Group                     appointed as members of the working                   DC 20024. Phone: 202–287–1692. Email:
                                               for Certain Equipment Classes of                        group are welcome and should be                       asrac@ee.doe.gov.
                                               Refrigeration Systems of Walk-in                        submitted by August 12, 2015.                         SUPPLEMENTARY INFORMATION:
                                               Coolers and Freezers To Negotiate a                     ADDRESSES: U.S. Department of Energy,
                                               Notice of Proposed Rulemaking                                                                                 I. Authority
                                                                                                       Forrestal Building, 1000 Independence                 II. Background
                                               (NOPR) for Energy Conservation                          Avenue SW., Washington, DC 20585,                     III. Proposed Negotiating Procedures
                                               Standards                                               Room 8E–089. Individuals will also                    IV. Comments Requested
                                               AGENCY: Office of Energy Efficiency and                 have the opportunity to participate by                V. Public Participation
                                               Renewable Energy, U.S. Department of                    webinar. To register for the webinar and              VI. Approval of the Office of the Secretary
                                               Energy.                                                 receive call-in information, please                   I. Authority
                                               ACTION: Notice of intent and                            register http://www1.eere.energy.gov/
                                                                                                       buildings/appliance_standards/                           DOE is announcing its intent to
                                               announcement of public meeting.
                                                                                                       rulemaking.aspx/ruleid/30.                            negotiate proposed energy conservation
                                               SUMMARY:   The U.S. Department of                          Interested person may submit                       standards for the two walk-in cooler and
                                               Energy (‘‘DOE’’ or, in context, ‘‘the                   comments and an application for                       freezer equipment classes applicable to
                                               Department’’) is giving notice of a                     membership (including a cover letter                  multiplex condensing refrigeration
                                               public meeting and that DOE intends to                  and resume), identified by docket                     systems operating at medium and low
                                               establish a negotiated rulemaking                       number EERE–2015–BT–STD–0016, via                     temperatures and the four walk-in
                                               working group under the Appliance                       any of the following methods:                         cooler and freezer equipment classes
                                               Standards and Rulemaking Federal                           1. Federal eRulemaking Portal:                     applicable to dedicated condensing
                                               Advisory Committee (‘‘ASRAC’’) in                       www.regulations.gov. Follow the                       refrigeration systems operating at low
                                               accordance with the Federal Advisory                    instructions for submitting comments.                 temperatures, under the authority of
                                               Committee Act (‘‘FACA’’) and the                           2. Email: ASRAC@ee.doe.gov. Include                sections 563 and 564 of the NRA (5
                                               Negotiated Rulemaking Act (‘‘NRA’’) to                  docket number EERE–2015–BT–STD–                       U.S.C. 561–570, Pub. L. 104–320). The
                                               negotiate proposed amended energy                       0016 in the subject line of the message.              regulation of walk-in coolers and
                                               conservation standards for six                             3. Mail: Ms. Brenda Edwards, U.S.                  freezers standards that DOE is proposing
                                               equipment classes (i.e., the two                        Department of Energy, Building                        to develop under a negotiated
                                               equipment classes of multiplex                          Technologies Office, Mailstop EE–5B,                  rulemaking will be developed under the
                                               condensing refrigeration systems                        1000 Independence Avenue SW.,                         authority of EPCA, as amended, 42
                                               operating at medium and low                             Washington, DC 20585–0121. If                         U.S.C. 6311(1) and 42 U.S.C. 6291 et
                                               temperatures and the four equipment                     possible, please submit all items on a                seq.
                                               classes of dedicated condensing                         compact disc (CD), in which case it is
                                                                                                                                                             II. Background
                                               refrigeration systems operating at low                  not necessary to include printed copies.
                                               temperatures) of walk-in cooler and                        4. Hand Delivery/Courier: Ms. Brenda                 As required by the NRA, DOE is
                                               freezer refrigeration systems. The                      Edwards, U.S. Department of Energy,                   giving notice that it is establishing a
                                               purpose of the working group will be to                 Building Technologies Program, 950                    working group under ASRAC to discuss
                                               discuss and, if possible, reach                         L’Enfant Plaza SW., Suite 600,                        proposed energy conservation standards
                                               consensus on a proposed rule regarding                  Washington, DC 20024. Telephone:                      for the two walk-in cooler and freezer
Lhorne on DSK7TPTVN1PROD with PROPOSALS




                                               amended energy conservation standards                   (202) 586–2945. If possible, please                   equipment classes applicable to
                                               for only those aforementioned                           submit all items on a CD, in which case               multiplex condensing refrigeration
                                               equipment classes of refrigeration                      it is not necessary to include printed                systems operating at medium and low
                                               systems of walk-in coolers and freezers,                copies.                                               temperatures and the four walk-in
                                               as authorized by the Energy Policy and                     No telefacsimilies (faxes) will be                 cooler and freezer equipment classes
                                               Conservation Act (EPCA) of 1975, as                     accepted.                                             applicable to dedicated condensing
                                               amended. The working group will                            Docket: The docket is available for                refrigeration systems operating at low
                                               consist of representatives of parties                   review at http://www.regulations.gov/                 temperatures.


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                                               46522                Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Proposed Rules

                                               A. Negotiated Rulemaking                                affected parties from meeting and                     publication provides the required public
                                                  Consistent with the parties’ settlement              communicating with each other, and                    notice and provides for a public
                                               agreement in Lennox v. DOE, No. 14–                     may cause parties with different                      comment period. Other participants and
                                               60535 (5th Cir.), DOE is supporting the                 interests to assume conflicting and                   other interested parties retain their
                                               use of the negotiated rulemaking                        antagonistic positions . . . .’’ 5 U.S.C.             rights to comment, participate in an
                                               process to discuss and develop                          561(2)(2). Congress also stated that                  informal hearing (if requested), and
                                               proposed energy conservation standards                  ‘‘adversarial rulemaking deprives the                 request judicial review. DOE
                                               for the two walk-in cooler and freezer                  affected parties and the public of the                anticipates, however, that the pre-
                                               equipment classes applicable to                         benefits of face-to-face negotiations and             proposal consensus agreed upon by the
                                                                                                       cooperation in developing and reaching                advisory committee or working group
                                               multiplex condensing refrigeration
                                                                                                       agreement on a rule. It also deprives                 will narrow any issues in the
                                               systems operating at medium and low
                                                                                                       them of the benefits of shared                        subsequent rulemaking.
                                               temperatures and the four walk-in
                                                                                                       information, knowledge, expertise, and
                                               cooler and freezer equipment classes                                                                          C. Proposed Rulemaking for Energy
                                                                                                       technical abilities possessed by the
                                               applicable to dedicated condensing                                                                            Conservation Standards Regarding
                                                                                                       affected parties.’’ 5 U.S.C. 561(2)(3).
                                               refrigeration systems operating at low                     Using negotiated rulemaking to                     Certain Equipment Classes of Walk-in
                                               temperatures. The primary reason for                    develop a proposed rule differs                       Coolers and Freezers
                                               using the negotiated rulemaking process                 fundamentally from the Department-                       The NRA enables DOE to establish an
                                               for this product is that stakeholders                   centered process. In negotiated                       advisory committee or working group if
                                               strongly support a consensual                           rulemaking, a proposed rule is                        it is determined that the use of the
                                               rulemaking effort. DOE believes such a                  developed by an advisory committee or                 negotiated rulemaking process is in the
                                               regulatory negotiation process will be                  working group, chartered under FACA,                  public interest. DOE intends to develop
                                               less adversarial and better suited to                   5 U.S.C. App. 2, composed of members                  Federal regulations that build on the
                                               resolving complex technical issues. An                  chosen to represent the various interests             depth of experience accrued in both the
                                               important virtue of negotiated                          that will be significantly affected by the            public and private sectors in
                                               rulemaking is that it allows expert                     rule. The goal of the advisory committee              implementing standards and programs.
                                               dialog that is much better than                         or working group is to reach consensus                   DOE is supporting the use of the
                                               traditional techniques at getting the                   on the treatment of the major issues                  regulatory negotiation process in order
                                               facts and issues right and will result in               involved with the rule. The process                   to provide for obtaining a diverse array
                                               a proposed rule that will effectively                   starts with the Department’s careful                  of in-depth input, as well as an
                                               reflect Congressional intent.                           identification of all interests potentially           opportunity for increased collaborative
                                                  A regulatory negotiation will enable                 affected by the rulemaking under                      discussion from both private-sector
                                               DOE to engage in direct and sustained                   consideration. To help with this                      stakeholders and government officials
                                               dialog with informed, interested, and                   identification, the Department publishes              who are familiar with the energy
                                               affected parties when drafting the                      a notice of intent such as this one in the            efficiency of walk-in coolers and
                                               regulation, rather than obtaining input                 Federal Register, identifying a                       freezers.
                                               during a public comment period after                    preliminary list of interested parties and
                                               developing and publishing a proposed                                                                          D. Department Commitment
                                                                                                       requesting public comment on that list.
                                               rule. A rule drafted by negotiation with                Following receipt of comments, the                       In initiating this regulatory
                                               informed and affected parties is                        Department establishes an advisory                    negotiation process to develop
                                               expected to be potentially more                         committee or working group                            amendments to the energy conservation
                                               pragmatic and more easily implemented                   representing the full range of                        standards for the two walk-in cooler and
                                               than a rule arising from the traditional                stakeholders to negotiate a consensus on              freezer equipment classes applicable to
                                               process. Such rulemaking improvement                    the terms of a proposed rule.                         multiplex condensing refrigeration
                                               is likely to provide the public with the                Representation on the advisory                        systems operating at medium and low
                                               full benefits of the rule while                         committee or working group may be                     temperatures and the four walk-in
                                               minimizing the potential negative                       direct; that is, each member may                      cooler and freezer equipment classes
                                               impact of a proposed regulation                         represent a specific interest, or may be              applicable to dedicated condensing
                                               conceived or drafted without the full                   indirect, such as through trade                       refrigeration systems operating at low
                                               prior input of outside knowledgeable                    associations and/or similarly-situated                temperatures, DOE is making a
                                               parties. Because a negotiating working                  parties with common interests. The                    commitment to provide adequate
                                               group includes representatives from the                 Department is a member of the advisory                resources to facilitate timely and
                                               major stakeholder groups affected by or                 committee or working group and                        successful completion of the process.
                                               interested in the rule, the number of                   represents the Federal government’s                   This commitment includes making the
                                               public comments on the proposed rule                    interests. The advisory committee or                  process a priority activity for all
                                               may be decreased. DOE anticipates that                  working group chair is assisted by a                  representatives, components, officials,
                                               there will be a need for fewer                          neutral mediator who facilitates the                  and personnel of the Department who
                                               substantive changes to a proposed rule                  negotiation process. The role of the                  need to be involved in the rulemaking,
                                               developed under a regulatory                            mediator, also called a facilitator, is to            from the time of initiation until such
                                               negotiation process prior to the                        apply proven consensus-building                       time as a final rule is issued or the
                                               publication of a final rule.                            techniques to the advisory committee or               process is expressly terminated. DOE
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                                                                                                       working group process.                                will provide administrative support for
                                               B. The Concept of Negotiated                               After an advisory committee or                     the process and will take steps to ensure
                                               Rulemaking                                              working group reaches consensus on the                that the advisory committee or working
                                                 Usually, DOE develops a proposed                      provisions of a proposed rule, the                    group has the dedicated resources it
                                               rulemaking using Department staff and                   Department, consistent with its legal                 requires to complete its work in a timely
                                               consultant resources. Congress noted in                 obligations, uses such consensus as the               fashion. Specifically, DOE will make
                                               the NRA, however, that regulatory                       basis of its proposed rule, which then is             available the following support services:
                                               development may ‘‘discourage the                        published in the Federal Register. This               Properly equipped space adequate for


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                                                                    Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Proposed Rules                                            46523

                                               public meetings and caucuses; logistical                refrigeration systems operating at low                for residential products and commercial
                                               support; word processing and                            temperatures. See 10 CFR 431.306(e).;                 equipment, various segments of society
                                               distribution of background information;                 and                                                   may be affected in different ways—in
                                               the service of a facilitator; and such                     • As part of the analysis considered               some cases, producing unique
                                               additional research and other technical                 underlying the proposed energy                        ‘‘interests’’ in a proposed rule based on
                                               assistance as may be necessary.                         conservation standards mentioned, DOE                 income, gender, or other factors. The
                                                 To the maximum extent possible                        will consider any comments (including                 Department will pay attention to
                                               consistent with the legal obligations of                any accompanying data) regarding the                  providing that any unique interests that
                                               the Department, DOE will use the                        potential impacts of these six proposed               have been identified, and that may be
                                               consensus of the advisory committee or                  standards on installers.                              significantly affected by the proposed
                                               working group as the basis for the rule                    To examine the underlying issues                   rule, are represented.
                                               the Department proposes for public                      outlined above, all parties in the                       FACA also requires that members of
                                               notice and comment.                                     negotiation will need DOE to provide                  the public have the opportunity to
                                                                                                       data and an analytic framework                        attend meetings of the full committee
                                               E. Negotiating Consensus                                complete and accurate enough to                       and speak or otherwise address the
                                                  As discussed above, the negotiated                   support their deliberations. DOE’s                    committee during the public comment
                                               rulemaking process differs                              analyses must be adequate to inform a                 period. In addition, any member of the
                                               fundamentally from the usual process                    prospective negotiation—for example,                  public is permitted to file a written
                                               for developing a proposed rule.                         DOE published the technological and                   statement with the advisory committee.
                                               Negotiation enables interested and                      economic spreadsheets associated with                 DOE plans to follow these same
                                               affected parties to discuss various                     the June 3, 2014 final rule along with a              procedures in conducting meetings of
                                               approaches to issues rather than asking                 technical support document detailing                  the working group.
                                               them only to respond to a proposal                      those analyses. See http://
                                                                                                       www.regulations.gov/                                  C. Interests Involved/Working Group
                                               developed by the Department. The
                                                                                                       #!documentDetail;D=EERE-2008-BT-                      Membership
                                               negotiation process involves a mutual
                                               education of the various parties on the                 STD-0015-0131). DOE expects to start                     DOE anticipates that the working
                                               practical concerns about the impact of                  the Working Group’s discussions with a                group will comprise no more than 25
                                               standards. Each advisory committee or                   list of analytical issues that should be              members who represent affected and
                                               working group member participates in                    considered for revision based on the                  interested stakeholder groups, at least
                                               resolving the interests and concerns of                 June 2014 analysis for the six equipment              one of whom must be a member of the
                                               other members, rather than leaving it up                classes of refrigeration walk-in cooler               ASRAC. As required by FACA, the
                                               to DOE to evaluate and incorporate                      and freezer refrigeration systems subject             Department will conduct the negotiated
                                               different points of view.                               to the negotiations and encourages                    rulemaking with particular attention to
                                                  A key principle of negotiated                        interested parties to submit any new                  ensuring full and balanced
                                               rulemaking is that agreement is by                      data to be considered to the Working                  representation of those interests that
                                               consensus of all the interests. Thus, no                Group.                                                may be significantly affected by the
                                               one interest or group of interests is able              B. Formation of Working Group                         proposed rule governing standards for
                                               to control the process. The NRA defines                                                                       the two walk-in cooler and freezer
                                                                                                          A working group will be formed and                 equipment classes applicable to
                                               consensus as the unanimous
                                                                                                       operated in full compliance with the                  multiplex condensing refrigeration
                                               concurrence among interests                             requirements of FACA and in a manner
                                               represented on a negotiated rulemaking                                                                        systems operating at medium and low
                                                                                                       consistent with the requirements of the               temperatures and the four walk-in
                                               committee or working group, unless the                  NRA. DOE has determined that the
                                               committee or working group itself                                                                             cooler and freezer equipment classes
                                                                                                       working group shall not exceed 25                     applicable to dedicated condensing
                                               unanimously agrees to use a different                   members. The Department believes that
                                               definition. 5 U.S.C. 562. In addition,                                                                        refrigeration systems operating at low
                                                                                                       more than 25 members would make it                    temperatures. Section 562 of the NRA
                                               experience has demonstrated that using                  difficult to conduct effective
                                               a trained mediator to facilitate this                                                                         defines the term ‘‘interest’’ as ‘‘with
                                                                                                       negotiations. DOE is aware that there are             respect to an issue or matter, multiple
                                               process will assist all parties, including              many more potential participants than
                                               DOE, in identifying their real interests                                                                      parties which have a similar point of
                                                                                                       there are membership slots on the                     view or which are likely to be affected
                                               in the rule, and thus will enable parties               working group. The Department does
                                               to focus on and resolve the important                                                                         in a similar manner.’’ Listed below are
                                                                                                       not believe, nor does the NRA                         parties the Department to date has
                                               issues.                                                 contemplate, that each potentially                    identified as being ‘‘significantly
                                               III. Proposed Negotiating Procedures                    affected group must participate directly              affected’’ by a proposed rule regarding
                                                                                                       in the negotiations; nevertheless, each               the energy efficiency of walk-in coolers
                                               A. Key Issues for Negotiation                           affected interest can be adequately                   and freezers.
                                                  The following issues and concerns                    represented. To have a successful                        • The Department of Energy;
                                               will underlie the work of the Negotiated                negotiation, it is important for interested              • Trade Associations representing
                                               Rulemaking Committee for walk-in                        parties to identify and form coalitions               refrigeration system manufacturers of
                                               coolers and freezers and be limited to                  that adequately represent significantly               walk-in coolers and freezers;
                                               the items specified below:                              affected interests. To provide adequate                  • Manufacturers of refrigeration
                                                  • Proposed energy conservation
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                                                                                                       representation, those coalitions must                 systems of walk-in coolers and freezers;
                                               standards for the two walk-in cooler and                agree to support, both financially and                   • Manufacturers of walk-in coolers
                                               freezer equipment classes applicable to                 technically, a member of the working                  and freezer refrigeration system
                                               multiplex condensing refrigeration                      group whom they choose to represent                   components and related suppliers;
                                               systems operating at medium and low                     their interests.                                         • Distributors or contractors selling or
                                               temperatures and the four walk-in                          DOE recognizes that when it                        installers of refrigeration systems of
                                               cooler and freezer equipment classes                    considers adding covered products and                 walk-in coolers and freezers;
                                               applicable to dedicated condensing                      establishing energy efficiency standards                 • Utilities;


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                                               46524                Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Proposed Rules

                                                  • Energy efficiency/environmental                    preparing summaries of the technical                    • Impartially assisting the members of
                                               advocacy groups; and                                    literature or comments on specific                    the working group in conducting
                                                  • Commercial customers.                              matters such as economic issues).                     discussions and negotiations; and
                                                  One purpose of this notice of intent is              Workgroups also might assist in                         • Impartially assisting in performing
                                               to determine whether Federal                            estimating costs or drafting regulatory               the duties of the Designated Federal
                                               regulations for the two walk-in cooler                  text on issues associated with the                    Official under FACA.
                                               and freezer equipment classes                           analysis of the costs and benefits
                                               applicable to multiplex condensing                                                                            F. Department Representative
                                                                                                       addressed, or formulating drafts of the
                                               refrigeration systems operating at                      various provisions and their                            The DOE representative will be a full
                                               medium and low temperatures and the                     justifications as previously developed                and active participant in the consensus
                                               four walk-in cooler and freezer                         by the working group. Given their                     building negotiations. The Department’s
                                               equipment classes applicable to                         support function, workgroups usually                  representative will meet regularly with
                                               dedicated condensing refrigeration                      consist of participants who have                      senior Department officials, briefing
                                               systems operating at low temperatures                   expertise or particular interest in the               them on the negotiations and receiving
                                               will significantly affect interests that are            technical matter(s) being studied.                    their suggestions and advice so that he
                                               not listed above. DOE invites comment                   Because it recognizes the importance of               or she can effectively represent the
                                               and suggestions on its initial list of                  this support work for the working                     Department’s views regarding the issues
                                               significantly affected interests.                       group, DOE will provide appropriate                   before the working group. DOE’s
                                                  Members may be individuals or                        technical expertise for such workgroups.              representative also will ensure that the
                                               organizations. If the effort is to be                                                                         entire spectrum of governmental
                                               fruitful, participants in the working                   D. Good Faith Negotiation                             interests affected by the standards
                                               group should be able to fully and                          Every working group member must be                 rulemaking, including the Office of
                                               adequately represent the viewpoints of                  willing to negotiate in good faith and                Management and Budget, the Attorney
                                               their respective interests. This                        have the authority, granted by his or her             General, and other Departmental offices,
                                               document gives notice of DOE’s process                  constituency, to do so. The first step is             are kept informed of the negotiations
                                               to other potential participants and                     to ensure that each member has good                   and encouraged to make their concerns
                                               affords them the opportunity to request                 communications with his or her                        known in a timely fashion.
                                               representation in the negotiations.                     constituencies. An intra-interest                     G. Working Group and Schedule
                                               Those who wish to be appointed as                       network of communication should be
                                               members of the working group, should                    established to bring information from                    After evaluating the comments
                                               submit a request to DOE, in accordance                  the support organization to the member                submitted in response to this notice of
                                               with the public participation procedures                at the table, and to take information                 intent and the requests for nominations,
                                               outlined in the DATES and ADDRESSES                     from the table back to the support                    DOE will either inform the members of
                                               sections of this notice of intent.                      organization. Second, each organization               the working group that they have been
                                               Membership of the working group is                      or coalition, therefore, should designate             selected or determine that conducting a
                                               likely to involve:                                      as its representative a person having the             negotiated rulemaking is inappropriate.
                                                  • Attendance at approximately eight                  credibility and authority to ensure that
                                                                                                                                                                Per the ASRAC Charter, the working
                                               (8), one (1)- to two (2)-day meetings                                                                         group is expected to make a concerted
                                                                                                       needed information is provided and
                                               (with the potential for two (2) additional                                                                    effort to negotiate a final term sheet by
                                                                                                       decisions are made in a timely fashion.
                                               one (1)- or two (2)-day meetings);                                                                            December 27, 2015.
                                                                                                       Negotiated rulemaking can require the
                                                  • Travel costs to those meetings; and                appointed members to give a significant
                                                                                                                                                                DOE will advise working group
                                                  • Preparation time for those meetings.                                                                     members of administrative matters
                                                  Members serving on the working                       sustained for as long as the duration of
                                                                                                                                                             related to the functions of the working
                                               group will not receive compensation for                 the negotiated rulemaking. Other
                                                                                                                                                             group before beginning. While the
                                               their services. Interested parties who are              qualities of members that can be helpful
                                                                                                                                                             negotiated rulemaking process is
                                               not selected for membership on the                      are negotiating experience and skills,
                                                                                                                                                             underway, DOE is committed to
                                               working group may make valuable                         and sufficient technical knowledge to
                                                                                                                                                             performing much of the same analysis
                                               contributions to this negotiated                        participate in substantive negotiations.
                                                                                                                                                             as it would during a normal standards
                                               rulemaking effort in any of the following                  Certain concepts are central to                    rulemaking process and to providing
                                               ways:                                                   negotiating in good faith. One is the                 information and technical support to the
                                                  • The person may request to be                       willingness to bring all issues to the                working group.
                                               placed on the working group mailing                     bargaining table in an attempt to reach
                                               list and submit written comments as                     a consensus, as opposed to keeping key                IV. Comments Requested
                                               appropriate.                                            issues in reserve. The second is a                       DOE requests comments on which
                                                  • The person may attend working                      willingness to keep the issues at the                 parties should be included in a
                                               group meetings, which are open to the                   table and not take them to other forums.              negotiated rulemaking to develop draft
                                               public; caucus with his or her interest’s               Finally, good faith includes a                        language pertaining to the energy
                                               member on the working group; or even                    willingness to move away from some of                 efficiency of walk-in coolers and
                                               address the working group during the                    the positions often taken in a more                   freezers and suggestions of additional
                                               public comment portion of the working                   traditional rulemaking process, and                   interests and/or stakeholders that
                                               group meeting.                                          instead explore openly with other                     should be represented on the working
                                                  • The person could assist the efforts
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                                                                                                       parties all ideas that may emerge from                group. All who wish to participate as
                                               of a workgroup that the working group                   the working group’s discussions.                      members of the working group should
                                               might establish.                                        E. Facilitator                                        submit a request for nomination to DOE.
                                                  A working group may establish
                                               informal workgroups, which usually are                    The facilitator will act as a neutral in            V. Public Participation
                                               asked to facilitate committee                           the substantive development of the                       Members of the public are welcome to
                                               deliberations by assisting with various                 proposed standard. Rather, the                        observe the business of the meeting and,
                                               technical matters (e.g., researching or                 facilitator’s role generally includes:                if time allows, may make oral


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                                                                    Federal Register / Vol. 80, No. 150 / Wednesday, August 5, 2015 / Proposed Rules                                            46525

                                               statements during the specified period                    Issued in Washington, DC, on July 31,               www.archives.gov/federal_register/
                                               for public comment. To attend the                       2015.                                                 code_of_federal-regulations/ibr_
                                               meeting and/or to make oral statements                  Kathleen B. Hogan,                                    locations.html.
                                               regarding any of the items on the                       Deputy Assistant Secretary for Energy                   FAA Order 7400.9, Airspace
                                               agenda, email asrac@ee.doe.gov. In the                  Efficiency and Renewable Energy.                      Designations and Reporting Points, is
                                               email, please indicate your name,                       [FR Doc. 2015–19235 Filed 8–4–15; 8:45 am]            published yearly and effective on
                                               organization (if appropriate),                          BILLING CODE 6450–01–P                                September 15. For further information,
                                               citizenship, and contact information.                                                                         you can contact the Airspace Policy and
                                               Please note that foreign nationals                                                                            Regulations Group, Federal Aviation
                                               participating in the public meeting are                 DEPARTMENT OF TRANSPORTATION                          Administration, 800 Independence
                                               subject to advance security screening                                                                         Avenue SW., Washington, DC 20591;
                                               procedures which require advance                        Federal Aviation Administration                       Telephone: (202) 267–8783.
                                               notice prior to attendance at the public                                                                      FOR FURTHER INFORMATION CONTACT: Rob
                                                                                                       14 CFR Part 71                                        Riedl, Federal Aviation Administration,
                                               meeting. If a foreign national wishes to
                                               participate in the public meeting, please                                                                     Operations Support Group, Western
                                               inform DOE as soon as possible by                       [Docket No. FAA–2015–2270; Airspace                   Service Center, 1601 Lind Avenue SW.,
                                               contacting Ms. Regina Washington at                     Docket No. 12–AWP–11]                                 Renton, WA 98057; Telephone (425)
                                                                                                                                                             203–4534.
                                               (202) 586–1214 or by email:
                                                                                                       Proposed Establishment of Class E                     SUPPLEMENTARY INFORMATION:
                                               Regina.Washington@ee.doe.gov so that
                                                                                                       Airspace, Cottonwood, AZ
                                               the necessary procedures can be                                                                               Authority for This Rulemaking
                                               completed. Anyone attending the                         AGENCY: Federal Aviation                                The FAA’s authority to issue rules
                                               meeting will be required to present a                   Administration (FAA), DOT.                            regarding aviation safety is found in
                                               government photo identification, such                   ACTION: Notice of proposed rulemaking                 Title 49 of the United States Code.
                                               as a passport, driver’s license, or                     (NPRM).                                               Subtitle I, Section 106 describes the
                                               government identification. Due to the                                                                         authority of the FAA Administrator.
                                               required security screening upon entry,                 SUMMARY:   This action proposes to
                                                                                                                                                             Subtitle VII, Aviation Programs,
                                               individuals attending should arrive                     establish Class E airspace at Cottonwood
                                                                                                                                                             describes in more detail the scope of the
                                               early to allow for the extra time needed.               Airport, Cottonwood, AZ, to
                                                                                                                                                             agency’s authority. This rulemaking is
                                                                                                       accommodate new Standard Instrument
                                                  Due to the REAL ID Act implemented                                                                         promulgated under the authority
                                                                                                       Approach Procedures at the airport. The
                                               by the Department of Homeland                                                                                 described in Subtitle VII, Part, A,
                                                                                                       FAA found establishment of controlled
                                               Security (DHS) recent changes regarding                                                                       Subpart I, Section 40103. Under that
                                                                                                       airspace necessary for the safety and
                                               ID requirements for individuals wishing                                                                       section, the FAA is charged with
                                                                                                       management of Instrument Flight Rules
                                               to enter Federal buildings from specific                                                                      prescribing regulations to assign the use
                                                                                                       (IFR) operations.
                                               states and U.S. territories. Driver’s                                                                         of airspace necessary to ensure the
                                                                                                       DATES: Comments must be received on                   safety of aircraft and the efficient use of
                                               licenses from the following states or                   or before September 21, 2015.
                                               territory will not be accepted for                                                                            airspace. This regulation is within the
                                                                                                       ADDRESSES: Send comments on this                      scope of that authority as it would
                                               building entry and one of the alternate
                                                                                                       proposal to the U.S. Department of                    establish controlled airspace at
                                               forms of ID listed below will be                        Transportation, Docket Operations, M–                 Cottonwood Airport, Cottonwood, AZ.
                                               required.                                               30, West Building Ground Floor, Room
                                                  DHS has determined that regular                      W12–140, 1200 New Jersey Avenue SE.,                  Comments Invited
                                               driver’s licenses (and ID cards) from the               Washington, DC 20590; Telephone (202)                    Interested parties are invited to
                                               following jurisdictions are not                         366–9826. You must identify FAA                       participate in this proposed rulemaking
                                               acceptable for entry into DOE facilities:               Docket No. FAA–2015–2270; Airspace                    by submitting such written data, views,
                                               Alaska, Louisiana, New York, American                   Docket No. 12–AWP–11, at the                          or arguments, as they may desire.
                                               Samoa, Maine, Oklahoma, Arizona,                        beginning of your comments. You may                   Comments that provide the factual basis
                                               Massachusetts, Washington, and                          also submit comments through the                      supporting the views and suggestions
                                               Minnesota.                                              Internet at http://www.regulations.gov.               presented are particularly helpful in
                                                                                                       You may review the public docket                      developing reasoned regulatory
                                                  Acceptable alternate forms of Photo-
                                                                                                       containing the proposal, any comments                 decisions on the proposal. Comments
                                               ID include: U.S. Passport or Passport                   received, and any final disposition in                are specifically invited on the overall
                                               Card; an Enhanced Driver’s License or                   person in the Dockets Office between                  regulatory, aeronautical, economic,
                                               Enhanced ID-Card issued by the states                   9:00 a.m. and 5:00 p.m., Monday                       environmental, and energy-related
                                               of Minnesota, New York or Washington                    through Friday, except Federal holidays.              aspects of the proposal.
                                               (Enhanced licenses issued by these                      The Docket Office (Telephone 1–800–                   Communications should identify both
                                               states are clearly marked Enhanced or                   647–5527), is on the ground floor of the              docket numbers and be submitted in
                                               Enhanced Driver’s License); a military                  building at the above address.                        triplicate to the address listed above.
                                               ID or other Federal government issued                      FAA Order 7400.9Y, Airspace                        Commenters wishing the FAA to
                                               Photo-ID card.                                          Designations and Reporting Points, and                acknowledge receipt of their comments
Lhorne on DSK7TPTVN1PROD with PROPOSALS




                                                                                                       subsequent amendments can be viewed                   on this notice must submit with those
                                               VI. Approval of the Office of the
                                                                                                       online at http://www.faa.gov/air_traffic/             comments a self-addressed, stamped
                                               Secretary
                                                                                                       publications/. The Order is also                      postcard on which the following
                                                 The Secretary of Energy has approved                  available for inspection at the National              statement is made: ‘‘Comments to
                                               publication of today’s notice of intent.                Archives and Records Administration                   Docket No. FAA–2015–2270/Airspace
                                                                                                       (NARA). For information on the                        Docket No. 12–AWP–11.’’ The postcard
                                                                                                       availability of this material at NARA,                will be date/time stamped and returned
                                                                                                       call (202) 741–6030, or go to http://                 to the commenter.


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Document Created: 2018-02-23 10:53:30
Document Modified: 2018-02-23 10:53:30
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 meeting.
DatesDOE will host the first Working Group meeting, which is open to the public, and will be broadcast via webinar on Thursday, August 27, 2015 from 9:00 a.m. to 5:00 p.m. in Washington, DC.
ContactJohn Cymbalsky, U.S. Department of Energy, Office of Building Technologies (EE-2J), 950 L'Enfant Plaza SW., Washington, DC 20024. Phone: 202-287-1692. Email: [email protected]
FR Citation80 FR 46521 

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