81 FR 5658 - Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish a Working Group for Circulator Pumps To Negotiate a Notice of Proposed Rulemaking for Energy Conservation Standards
DEPARTMENT OF ENERGY Federal Register Volume 81, Issue 22 (February 3, 2016)
Federal Register Volume 81, Issue 22 (February 3, 2016)
| Page Range | 5658-5661 | |
| FR Document | 2016-01979 |
[Federal Register Volume 81, Number 22 (Wednesday, February 3, 2016)] [Proposed Rules] [Pages 5658-5661] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-01979] [[Page 5658]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket Number EERE-2016-BT-STD-0004] RIN 1904-AD61 Appliance Standards and Rulemaking Federal Advisory Committee: Notice of Intent To Establish a Working Group for Circulator Pumps To Negotiate a Notice of Proposed Rulemaking 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. ----------------------------------------------------------------------- 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 circulator pumps. The purpose of the working group will be to discuss and, if possible, reach consensus on a proposed rule regarding definitions, test procedures, and energy conservation standards, 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 September 30, 2016. DATES: DOE will host the first Working Group meeting, which is open to the public, and will be broadcast via webinar on March 3, 2016 from 9 a.m. to 5 p.m. in Washington, DC. Written comments and applications (i.e., cover letter, resume, and answers to application questions) to be appointed as members of the working group are welcome and should be submitted by February 17, 2016. ADDRESSES: U.S. Department of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Washington, DC 20024, Room 6097. Individuals will also have the opportunity to participate by webinar. To register for the webinar and receive call-in information, please register https://attendee.gotowebinar.com/register/2255868378911535105. Interested person may submit comments and an application for membership (which must include a cover letter describing their experience on negotiating committees and their direct impact on the negotiations, if applicable, and listed qualifications for being selected to this working group and a resume,), identified by docket number EERE-2016-BT-STD-0004, 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-2016-BT-STD- 0004 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 regulations.gov, including Federal Register notices, public meeting attendee lists and transcripts, comments, and other supporting documents/materials. All documents in the docket are listed in the EERE-2016-BT-STD-0004 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 definitions, test procedures, and energy conservation standards for circulator pumps under the authority of sections 563 and 564 of the NRA (5 U.S.C. 561- 570, Pub. L. 104-320). The regulation of circulator pump 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 circulator pumps. A. Negotiated Rulemaking DOE is supporting the use of the negotiated rulemaking process to discuss and develop proposed definitions, test procedures, and energy conservation standards for circulator pumps 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. [[Page 5659]] 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 Test Procedures and Energy Conservation Standards Regarding Circulator Pumps 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 circulator pumps. D. Department Commitment In initiating this regulatory negotiation process to develop definitions, test procedures, and energy conservation standards for circulator pumps, DOE is making a commitment to provide adequate resources to facilitate timely and successful completion of the process. This commitment includes making the process a priority activity for all representatives, components, officials, and personnel of the Department who need to be involved in the rulemaking, from the time of initiation until such time as a final rule is issued or the process is expressly terminated. DOE will provide administrative support for the process and will take steps to ensure that the advisory committee or working group has the dedicated resources it requires to complete its work in a timely fashion. Specifically, DOE will make available the following support services: properly equipped space adequate for public meetings and caucuses; logistical support; word processing and distribution of background information; the service of a facilitator; and such additional research and other technical assistance as may be necessary. To the maximum extent possible consistent with the legal obligations of the Department, DOE will use the consensus of the advisory committee or working group as the basis for the rule the Department proposes for public notice and comment. E. Negotiating Consensus As discussed above, the negotiated rulemaking process differs fundamentally from the usual process for developing a proposed rule. Negotiation enables interested and affected parties to discuss various 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 circulator pumps and be limited to the items specified below:Definitions of circulator pumps, Test procedures for circulator pumps, and Energy conservation standards for circulator pumps. To examine the underlying issues outlined above, all parties in the negotiation will need DOE to provide [[Page 5660]] data and an analytic framework complete and accurate enough to support their deliberations. DOE expects to start the Working Group's discussions with a list of analytical issues and data requests that should be considered for the negotiations and encourages interested parties to submit any 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 circulator pumps. 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 circulator pumps. The Department of Energy; Trade Associations representing refrigeration system manufacturers of circulator pumps; Manufacturers of circulator pumps system components and related suppliers; Distributors or contractors selling or installers of circulator pumps; Utilities; Energy efficiency/environmental advocacy groups; and Commercial customers. One purpose of this notice of intent is to determine whether Federal regulations for circulator pumps 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, [[Page 5661]] 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 September 30, 2016. 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 circulator pumps 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 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 January 27, 2016. Kathleen B. Hogan, Deputy Assistant Secretary for Energy Efficiency and Renewable Energy. [FR Doc. 2016-01979 Filed 2-2-16; 8:45 am] BILLING CODE 6450-01-P
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DEPARTMENT OF ENERGY register https://attendee.gotowebinar. the NRA (5 U.S.C. 561–570, Pub. L.
com/register/2255868378911535105. 104–320). The regulation of circulator
10 CFR Part 430 Interested person may submit pump standards that DOE is proposing
[Docket Number EERE–2016–BT–STD– comments and an application for to develop under a negotiated
0004] membership (which must include a rulemaking will be developed under the
cover letter describing their experience authority of EPCA, as amended, 42
RIN 1904–AD61 on negotiating committees and their U.S.C. 6311(1) and 42 U.S.C. 6291 et
direct impact on the negotiations, if seq.
Appliance Standards and Rulemaking
applicable, and listed qualifications for
Federal Advisory Committee: Notice of II. Background
being selected to this working group and
Intent To Establish a Working Group
a resume,), identified by docket number As required by the NRA, DOE is
for Circulator Pumps To Negotiate a
EERE–2016–BT–STD–0004, via any of giving notice that it is establishing a
Notice of Proposed Rulemaking for
the following methods: working group under ASRAC to discuss
Energy Conservation Standards 1. Federal eRulemaking Portal:
proposed energy conservation standards
AGENCY: Office of Energy Efficiency and www.regulations.gov. Follow the
for circulator pumps.
Renewable Energy, U.S. Department of instructions for submitting comments.
Energy. 2. Email: ASRAC@ee.doe.gov. Include A. Negotiated Rulemaking
ACTION: Notice of intent and docket number EERE–2016–BT–STD–
0004 in the subject line of the message. DOE is supporting the use of the
announcement of public meeting.
3. Mail: Ms. Brenda Edwards, U.S. negotiated rulemaking process to
SUMMARY: The U.S. Department of Department of Energy, Building discuss and develop proposed
Energy (‘‘DOE’’ or, in context, ‘‘the Technologies Office, Mailstop EE–5B, definitions, test procedures, and energy
Department’’) is giving notice of a 1000 Independence Avenue SW., conservation standards for circulator
public meeting and that DOE intends to Washington, DC 20585–0121. If pumps The primary reason for using the
establish a negotiated rulemaking possible, please submit all items on a negotiated rulemaking process for this
working group under the Appliance compact disc (CD), in which case it is product is that stakeholders strongly
Standards and Rulemaking Federal not necessary to include printed copies. support a consensual rulemaking effort.
Advisory Committee (‘‘ASRAC’’) in 4. Hand Delivery/Courier: Ms. Brenda DOE believes such a regulatory
accordance with the Federal Advisory Edwards, U.S. Department of Energy, negotiation process will be less
Committee Act (‘‘FACA’’) and the Building Technologies Program, 950 adversarial and better suited to
Negotiated Rulemaking Act (‘‘NRA’’) to L’Enfant Plaza SW., Suite 600, resolving complex technical issues. An
negotiate proposed amended energy Washington, DC 20024. Telephone: important virtue of negotiated
conservation standards for circulator (202) 586–2945. If possible, please rulemaking is that it allows expert
pumps. The purpose of the working submit all items on a CD, in which case dialog that is much better than
group will be to discuss and, if possible, it is not necessary to include printed traditional techniques at getting the
reach consensus on a proposed rule copies. facts and issues right and will result in
regarding definitions, test procedures, No telefacsimilies (faxes) will be a proposed rule that will effectively
and energy conservation standards, as accepted. reflect Congressional intent.
authorized by the Energy Policy and Docket: The docket is available for
A regulatory negotiation will enable
Conservation Act (EPCA) of 1975, as review at regulations.gov, including
DOE to engage in direct and sustained
amended. The working group will Federal Register notices, public meeting
dialog with informed, interested, and
consist of representatives of parties attendee lists and transcripts,
affected parties when drafting the
having a defined stake in the outcome comments, and other supporting
regulation, rather than obtaining input
of the proposed standards, and will documents/materials. All documents in
during a public comment period after
consult as appropriate with a range of the docket are listed in the EERE–2016–
developing and publishing a proposed
experts on technical issues. Per the BT–STD–0004 index. However, not all
rule. A rule drafted by negotiation with
ASRAC Charter, the working group is documents listed in the index may be
informed and affected parties is
expected to make a concerted effort to publicly available, such as information
expected to be potentially more
negotiate a final term sheet by that is exempt from public disclosure.
pragmatic and more easily implemented
September 30, 2016. FOR FURTHER INFORMATION CONTACT: John
than a rule arising from the traditional
DATES: DOE will host the first Working Cymbalsky, U.S. Department of Energy, process. Such rulemaking improvement
Group meeting, which is open to the Office of Building Technologies (EE–2J), is likely to provide the public with the
public, and will be broadcast via 950 L’Enfant Plaza SW., Washington, full benefits of the rule while
webinar on March 3, 2016 from 9 a.m. DC 20024. Phone: 202–287–1692. Email: minimizing the potential negative
to 5 p.m. in Washington, DC. asrac@ee.doe.gov impact of a proposed regulation
Written comments and applications SUPPLEMENTARY INFORMATION: conceived or drafted without the full
(i.e., cover letter, resume, and answers I. Authority prior input of outside knowledgeable
to application questions) to be II. Background
parties. Because a negotiating working
appointed as members of the working III. Proposed Negotiating Procedures
IV. Comments Requested group includes representatives from the
group are welcome and should be major stakeholder groups affected by or
mstockstill on DSK4VPTVN1PROD with PROPOSALS
V. Public Participation
submitted by February 17, 2016. VI. Approval of the Office of the Secretary interested in the rule, the number of
ADDRESSES: U.S. Department of Energy, public comments on the proposed rule
Building Technologies Office, 950 I. Authority may be decreased. DOE anticipates that
L’Enfant Plaza SW., Washington, DC DOE is announcing its intent to there will be a need for fewer
20024, Room 6097. Individuals will also negotiate proposed definitions, test substantive changes to a proposed rule
have the opportunity to participate by procedures, and energy conservation developed under a regulatory
webinar. To register for the webinar and standards for circulator pumps under negotiation process prior to the
receive call-in information, please the authority of sections 563 and 564 of publication of a final rule.
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![Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5661
and sufficient technical knowledge to performing much of the same analysis Massachusetts, Washington, and
participate in substantive negotiations. as it would during a normal standards Minnesota.
Certain concepts are central to rulemaking process and to providing Acceptable alternate forms of Photo-
negotiating in good faith. One is the information and technical support to the ID include: U. S. Passport or Passport
willingness to bring all issues to the working group. Card; An Enhanced Driver’s License or
bargaining table in an attempt to reach Enhanced ID-Card issued by the states
a consensus, as opposed to keeping key IV. Comments Requested of Minnesota, New York or Washington
issues in reserve. The second is a DOE requests comments on which (Enhanced licenses issued by these
willingness to keep the issues at the parties should be included in a states are clearly marked Enhanced or
table and not take them to other forums. negotiated rulemaking to develop draft Enhanced Driver’s License); A military
Finally, good faith includes a language pertaining to the energy ID or other Federal government issued
willingness to move away from some of efficiency of circulator pumps and Photo-ID card.
the positions often taken in a more suggestions of additional interests and/ VI. Approval of the Office of the
traditional rulemaking process, and or stakeholders that should be Secretary
instead explore openly with other represented on the working group. All
parties all ideas that may emerge from who wish to participate as members of The Secretary of Energy has approved
the working group’s discussions. the working group should submit a publication of today’s notice of intent.
E. Facilitator request for nomination to DOE. Issued in Washington, DC, on January 27,
2016.
The facilitator will act as a neutral in V. Public Participation
Kathleen B. Hogan,
the substantive development of the Members of the public are welcome to Deputy Assistant Secretary for Energy
proposed standard. Rather, the observe the business of the meeting and, Efficiency and Renewable Energy.
facilitator’s role generally includes: if time allows, may make oral [FR Doc. 2016–01979 Filed 2–2–16; 8:45 am]
• Impartially assisting the members of statements during the specified period BILLING CODE 6450–01–P
the working group in conducting for public comment. To attend the
discussions and negotiations; and meeting and/or to make oral statements
• Impartially assisting in performing regarding any of the items on the
the duties of the Designated Federal FEDERAL RESERVE SYSTEM
agenda, email asrac@ee.doe.gov. In the
Official under FACA. email, please indicate your name, 12 CFR Part 217
F. Department Representative organization (if appropriate), [Docket No. R–1529]
citizenship, and contact information.
The DOE representative will be a full RIN 7100 AE–43
Please note that foreign nationals
and active participant in the consensus
participating in the public meeting are
building negotiations. The Department’s Regulatory Capital Rules: The Federal
subject to advance security screening
representative will meet regularly with Reserve Board’s Framework for
procedures which require advance
senior Department officials, briefing Implementing the U.S. Basel III
notice prior to attendance at the public
them on the negotiations and receiving Countercyclical Capital Buffer
meeting. If a foreign national wishes to
their suggestions and advice so that he
participate in the public meeting, please AGENCY: Board of Governors of the
or she can effectively represent the
inform DOE as soon as possible by Federal Reserve System.
Department’s views regarding the issues
contacting Ms. Regina Washington at ACTION: Proposed policy statement with
before the working group. DOE’s
(202) 586–1214 or by email: request for public comment.
representative also will ensure that the
Regina.Washington@ee.doe.gov so that
entire spectrum of governmental SUMMARY: The Board is inviting public
the necessary procedures can be
interests affected by the standards comment on a policy statement on the
completed. Anyone attending the
rulemaking, including the Office of framework that the Board will follow in
meeting will be required to present a
Management and Budget, the Attorney setting the amount of the U.S.
government photo identification, such
General, and other Departmental offices, countercyclical capital buffer for
as a passport, driver’s license, or
are kept informed of the negotiations advanced approaches bank holding
government identification. Due to the
and encouraged to make their concerns companies, savings and loan holding
required security screening upon entry,
known in a timely fashion. companies, and state member banks
individuals attending should arrive
G. Working Group and Schedule early to allow for the extra time needed. under the Board’s Regulation Q (12 CFR
After evaluating the comments Due to the REAL ID Act implemented part 217).
submitted in response to this notice of by the Department of Homeland DATES: Comments must be received on
intent and the requests for nominations, Security (DHS) recent changes regarding or before March 21, 2016. Comments
DOE will either inform the members of ID requirements for individuals wishing were originally due by February 19,
the working group that they have been to enter Federal buildings from specific 2016.
selected or determine that conducting a states and U.S. territories. Driver’s ADDRESSES: You may submit comments,
negotiated rulemaking is inappropriate. licenses from the following states or identified by Docket No. R–1529 and
Per the ASRAC Charter, the working territory will not be accepted for RIN 7100 AE–43 by any of the following
group is expected to make a concerted building entry and one of the alternate
mstockstill on DSK4VPTVN1PROD with PROPOSALS
methods:
effort to negotiate a final term sheet by forms of ID listed below will be • Agency Web site: http://
September 30, 2016. required. www.federalreserve.gov. Follow the
DOE will advise working group DHS has determined that regular instructions for submitting comments at
members of administrative matters driver’s licenses (and ID cards) from the http://www.federalreserve.gov/
related to the functions of the working following jurisdictions are not generalinfo/foia/ProposedRegs.aspx.
group before beginning. While the acceptable for entry into DOE facilities: • Federal eRulemaking Portal: http://
negotiated rulemaking process is Alaska, Louisiana, New York, American www.regulations.gov. Follow the
underway, DOE is committed to Samoa, Maine, Oklahoma, Arizona, instructions for submitting comments.
VerDate Sep<11>2014 17:55 Feb 02, 2016 Jkt 238001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\03FEP1.SGM 03FEP1](https://thefederalregister.org/doc/81_FR_5680/page/4.svg)
Document Created: 2016-02-03 00:40:38
Document Modified: 2016-02-03 00:40:38
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of intent and announcement of public meeting. | |
| Dates | DOE will host the first Working Group meeting, which is open to the public, and will be broadcast via webinar on March 3, 2016 from 9 a.m. to 5 p.m. in Washington, DC. | |
| 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] | |
| FR Citation | 81 FR 5658 | |
| RIN Number | 1904-AD61 |
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