SUPPLEMENTARY INFORMATION:

Title III of Energy Policy and Conservation Act (EPCA) (42 U.S.C. 6291, et seq.; EPCA or “the Act”) sets forth a variety of provisions designed to improve energy efficiency. (All references to EPCA refer to the statute as amended through the Energy Independence and Security Act of 2007 (EISA 2007), Public Law 110-140 (Dec. 19, 2007).) Under EPCA, this program consists essentially of four parts: (1) Testing; (2) labeling; (3) Federal energy conservation standards; and (4) certification, compliance, and enforcement. Part B of Title III (42 U.S.C. 6291-6309) established the “Energy Conservation Program for Consumer Products Other Than Automobiles.” Part C of title III (42 U.S.C. 6311-6317), establishes an energy conservation program for certain industrial and commercial equipment.^[1] Although HID lamps are defined in 42 U.S.C. 6291(46), DOE is required to set standards for HID lamps in 42 U.S.C. 6317(a)(1). Therefore, DOE has determined that the provisions of Part C are applicable to HID lamps.

DOE published a positive final determination for specified HID lamps on July 1, 2010. 75 FR 37975. Pursuant to the positive final determination, DOE must establish testing requirements for the HID lamps specified in the determination. (42 U.S.C. 6317(a)(1)) As directed by EPCA, DOE must complete the HID lamps test procedure final rule within 30 months of the completion of the final determination (by January 1, 2013). DOE recently published a notice of proposed rulemaking (NOPR) for the HID lamp test procedures. 76 FR 77914 (December 15, 2011).

DOE must also complete the HID lamps energy conservation standards rulemaking within 18 months of the publication of the HID lamps test procedure final rule (by July 1, 2014). (42 U.S.C. 6317(b)) During the standards rulemaking, DOE will decide whether and at what level(s) to promulgate energy conservation standards. The decision, which will incorporate public participation, will be based on consideration of the technological feasibility, economic justification, and energy savings of specific potential standard levels as required by EPCA. ( See, e.g.,42 U.S.C. 6295(o)-(p))

DOE has prepared a framework document to explain the issues, analyses, and processes it anticipates using for the development of potential energy conservation standards for HID lamps. Interested parties may obtain the framework document from DOE's Web site ( www1.eere.energy.gov/​buildings/​appliance_​standards/​commercial/​high_​intensity_​discharge_​lamps.html). DOE will hold a public meeting in Washington, DC on the date specified in the DATES section to discuss the analyses presented and issues identified in the framework document prepared ( printed page 11787) for the development of potential HID lamp energy conservation standards. At the public meeting, the Department will make a presentation, invite discussion on the rulemaking process as it applies to the covered products, and solicit comments, data, and information from participants and other interested parties. Participants can also attend the public meeting via webinar. Registration information, participant instructions, and information about the capabilities available to webinar participants will be published on the following Web site: www1.gotomeeting.com/​register/​221154352. Participants are responsible for ensuring their computer systems are compatible with the webinar software. The Department encourages those who wish to participate in the public meeting to obtain the framework document and to be prepared to discuss its contents.

Public meeting participants need not limit their comments to the issues identified in the framework document. The Department is also interested in receiving views concerning other relevant issues that participants believe would affect energy conservation standards for this equipment or that DOE should address in the NOPR. Furthermore, the Department welcomes all interested parties, regardless of whether they participate in the public meeting, to submit in writing by the date specified in the DATES section, comments and information on matters addressed in the framework document and on other matters relevant to consideration of standards for HID lamps. At this time, DOE is tentatively considering setting standards based on the information included in the framework document. DOE will consider modifications to its approach based on the data and comments received in response to the framework document and public meeting.

The public meeting will be conducted in an informal, facilitated, conference style. There shall be no discussion of proprietary information, costs or prices, company market shares, or other commercial matters regulated by U.S. antitrust laws. A court reporter will record the proceedings of the public meeting, after which a transcript will be made available on DOE's Web site at www1.eere.energy.gov/​buildings/​appliance_​standards/​commercial/​high_​intensity_​discharge_​lamps.html.

After the public meeting and the close of the comment period on the framework document, DOE will collect data, conduct the analyses as discussed in the framework document and at the public meeting, and review the comments received.

DOE considers public participation to be a very important part of the process for setting energy conservation standards. DOE actively encourages the participation and interaction of the public during the comment period in each stage of the rulemaking process. Beginning with the framework document, and during each subsequent public meeting and comment period, interactions with and between members of the public provide a balanced discussion of the issues to assist DOE in the standards rulemaking process. Accordingly, anyone who would like to participate in the public meeting, receive meeting materials, or be added to the DOE mailing list to receive future notices and information regarding this rulemaking on HID lamps should contact Ms. Brenda Edwards at (202) 586-2945, or via email at: Brenda.Edwards@ee.doe.gov.

77 FR 11785