[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Proposed Rules]
[Pages 3404-3408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1350]
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DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2010-BT-STD-0037]
RIN 1904-AC39
Energy Conservation Standards for Automatic Commercial Ice
Makers: Public Meeting and Availability of the Preliminary Technical
Support Document
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of preliminary
technical support document.
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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to discuss and receive comments on the equipment classes that DOE plans
to analyze for establishing energy conservation standards for automatic
commercial ice makers; the analytical framework, models, and tools that
DOE is using to evaluate standards for this equipment; the results of
preliminary analyses performed by DOE for this equipment; the potential
energy conservation standard levels derived from these analyses that
DOE could consider for this equipment; and any other issues relevant to
the development of energy conservation standards for automatic
commercial ice makers. In addition, DOE encourages written comments on
these subjects. To inform interested parties and facilitate this
process, DOE has prepared an agenda, a preliminary technical support
document (preliminary TSD), and briefing materials.
DATES: DOE will hold a public meeting on February 16, 2011, from 9 a.m.
to 2 p.m. in Washington, DC. Additionally, DOE plans to allow for
participation in the public meeting via webinar. DOE will accept
comments, data, and other information regarding this rulemaking before
or after the public meeting, but no later than March 9, 2012. See
section IV, ``Public Participation,'' of this notice of public meeting
(NOPM) for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, 8E-089, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures which require advance notice prior to attendance
of the public meeting. If a foreign national wishes to participate in
the public meeting, please inform DOE of this fact as soon as possible
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the
necessary procedures can be completed.
Interested persons may submit comments, identified by docket number
EERE-2010-BT-STD-0037 or Regulation Identification Number (RIN) 1904-
AC39, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Email: ACIM-2010-STD-0037@ee.doe.gov. Include the docket
number EERE-2010-BT-STD-0037 and/or RIN 1904-AC39 in the subject line
of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Public Meeting for
Automatic Commercial Ice Makers, EERE-2010-BT-STD-0037, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone (202)
586-2945. If possible, please submit all items on CD. It is not
necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 6th
Floor, Washington, DC 20024. Telephone (202) 586-2945. If possible,
please submit all items on CD. It is not necessary to include printed
copies.
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, framework documents, public meeting
attendee lists and transcripts, comments, and other supporting
[[Page 3405]]
documents/materials. All documents in the docket are listed in the
regulations.gov index. However, not all documents listed in the index
may be publicly available, such as information that is exempt from
public disclosure. The regulations.gov Web page will contain
instructions on how to access all documents in the docket, including
public comments.
The rulemaking Web page can be found at: www.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html. This Web page contains a link to the docket for this
notice on regulations.gov.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section IV, ``Public
Participation,'' of this document.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
DOE has prepared an agenda, a preliminary TSD, and briefing
materials, which are available at: www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html.
FOR FURTHER INFORMATION CONTACT: Direct requests for additional
information to Mr. Charles Llenza, U.S. Department of Energy, Office of
Energy Efficiency and Renewable Energy, Building Technologies, EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121, (202) 586-
2192. Email: Charles.Llenza@ee.doe.gov.
In the Office of General Counsel, contact Mr. Ari Altman, U.S.
Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue SW., Washington, DC 20585-0121, (202) 287-6307,
Ari.Altman@hq.doe.gov.
For information on how to submit or review public comments and on
how to participate in the public meeting, contact Ms. Brenda Edwards,
U.S. Department of Energy, Office of Energy Efficiency and Renewable
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone (202) 586-2945. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
II. History of Standards Rulemaking for Automatic Commercial Ice
Makers
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
A. Engineering Analysis
B. Markups To Determine Installed Price
C. Energy Use Analysis
D. Life-Cycle Cost and Payback Period Analyses
E. National Impact Analysis
IV. Public Participation
A. Attendance at Public Meeting
B. Procedure for Submitting Requests To Speak
C. Conduct of Public Meeting
D. Submission of Comments
V. Approval of the Office of the Secretary
I. Statutory Authority
Title III of the Energy Policy and Conservation Act of 1975, as
amended, (EPCA or the Act) sets forth a variety of provisions designed
to improve energy efficiency. Part B of title III (42 U.S.C. 6291-6309)
provides for the Energy Conservation Program for Consumer Products
Other Than Automobiles. Part C of title III, which established an
energy conservation program for certain industrial equipment \1\ (42
U.S.C. 6311-6317), includes provisions for the subject of this
rulemaking: automatic commercial ice makers.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Parts B and C were re-designated as Parts A and A-1, respectively.
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Pursuant to EPCA, DOE's energy conservation program for covered
equipment consists essentially of four parts: (1) Testing; (2)
labeling; (3) establishment of Federal energy conservation standards;
and (4) certification and enforcement procedures. Subject to certain
criteria and conditions, DOE has authority to establish mandatory
energy conservation standards for automatic commercial ice makers. (42
U.S.C. 6311(19) and 6313(d))
EPCA prescribes energy conservation standards for automatic
commercial ice makers that produce cube type ice with capacities
between 50 and 2,500 pounds of ice per 24-hour period. (42 U.S.C.
6313(d)(1)) EPCA requires DOE to review these standards and determine,
by January 1, 2015, whether amending the applicable standards is
technologically feasible and economically justified. (42 U.S.C.
6313(d)(3)(A)) In the current rulemaking, DOE is reviewing the
standards set by EPCA to determine if amended standards are
technologically feasible and economically justified for automatic
commercial ice makers covered by the current standards. DOE is also
proposing, under 42 U.S.C. 6313(d)(2), standards for other types of
automatic commercial ice makers, including continuous type ice makers,
tube type ice makers, and equipment with capacities up to 4,000 pounds
of ice per 24 hours.
EPCA provides criteria for prescribing new or amended standards for
automatic commercial ice makers. DOE is required to design each
standard for this equipment to: (1) Achieve the maximum improvement in
energy efficiency that is technologically feasible and economically
justified; and (2) result in significant conservation of energy. (42
U.S.C. 6295(o)(2)(A) and (o)(3)(B); 6313(d)(4)) To determine whether a
proposed standard is economically justified, DOE will, after receiving
comments on the proposed standard, determine whether the benefits of
the standard exceed its burdens to the greatest extent practicable,
using the following seven factors:
1. The economic impact of the standard on manufacturers and
consumers of equipment subject to the standard;
2. The savings in operating costs throughout the estimated average
life of the covered equipment in the type (or class) compared to any
increase in the price, initial charges, or maintenance expenses for the
covered equipment which are likely to result from the imposition of the
standard;
3. The total projected amount of energy savings likely to result
directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
equipment likely to result from the imposition of the standard;
5. The impact of any lessening of competition, as determined in
writing by the Attorney General, that is likely to result from the
imposition of the standard;
6. The need for national energy conservation; and
7. Other factors the Secretary of Energy considers relevant.
(See 42 U.S.C. 6295(o)(2)(B)(i) and 6313(d)(4))
EPCA also directs that DOE may not prescribe an amended or new
standard if the standard is likely to result in the unavailability in
the United States of performance characteristics (including
reliability), features, sizes, capacities, and volumes that are
substantially the same as those generally available in the United
States at the time that the standard is prescribed. (42 U.S.C.
6295(o)(4) and 6313(d)(4))
Before proposing a standard, DOE typically seeks public input on
the analytical framework, models, and tools that DOE will use to
evaluate standards for the product at issue and the results of
preliminary analyses DOE performed
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for the product. DOE publishes this document to announce the
availability of the preliminary TSD, which details the preliminary
analyses, discusses the comments DOE received from interested parties
on the Framework document, and summarizes the preliminary results of
DOE's analyses. In addition, DOE announces a public meeting to solicit
feedback from interested parties on its analytical framework, models,
and preliminary results.
II. History of Standards Rulemaking for Automatic Commercial Ice Makers
A. Background
EPCA, as amended by the Energy Policy Act of 2005, prescribes
energy conservation standards for certain cube type automatic
commercial ice makers with harvest rates between 50 and 2,500 pounds of
ice per 24 hours: Self-contained ice makers and ice-making heads using
air or water for cooling and ice makers with remote condensing with or
without a remote compressor. Compliance with these standards was
required as of January 1, 2010. (42 U.S.C. 6313(d)(1)) DOE adopted
these standards and placed them under title 10 of the Code of Federal
Regulations (CFR) part 431, subpart H, Automatic Commercial Ice Makers.
EPCA requires DOE to conduct a rulemaking to determine whether to
amend the standards established under 42 U.S.C. 6313(d)(1), and if DOE
determines that amendment is warranted, DOE must also issue a final
rule establishing such amended standards by January 1, 2015. (42 U.S.C.
6313(d)(3)(A)).
In addition, EPCA granted DOE authority to set standards for
additional types of automatic commercial ice makers that are not
covered in 42 U.S.C. 6313(d)(1). (42 U.S.C. 6313(d)(2)(A)) While not
enumerated in EPCA, additional types of automatic commercial ice makers
DOE identified as candidates for standards to be established in this
rulemaking include flake, nugget, as well as batch type ice makers that
are not included in the EPCA definition of cube type ice makers.
B. Current Rulemaking Process
In initiating this rulemaking, DOE prepared a Framework document,
``Rulemaking Framework for Automatic Commercial Ice Makers,'' which
describes the procedural and analytical approaches DOE anticipates
using to evaluate energy conservation standards for automatic
commercial ice makers. DOE published a notice that announced both the
availability of the Framework document and a public meeting to discuss
the proposed analytical framework for the rulemaking. That notice also
invited written comments from the public. 75 FR 70852 (Nov. 19, 2010).
The Framework document is available at: www1.eere.energy.gov/buildings/appliance_standards/commercial/pdfs/acim_framework_2010_11_04.pdf.
DOE held a public meeting on December 16, 2010, at which it
presented the various analyses DOE would conduct as part of the
rulemaking, such as the engineering analysis, the life-cycle cost (LCC)
and payback period (PBP) analyses, and the national impact analysis
(NIA). Manufacturers, trade associations, environmental and energy
efficiency advocates, and other interested parties attended the
meeting. The participants discussed the following major topics: (1)
Issues pertaining to the scope of coverage of the current rulemaking;
(2) equipment classes; (3) analytical approaches and methods used in
the rulemaking; (4) impacts of standards and burden on manufacturers;
(5) technology options; (6) distribution channels, shipments, and end
users; (7) impacts of outside regulations; and (8) environmental
issues.
Comments received since publication of the Framework document have
helped DOE identify and resolve issues related to the preliminary
analyses. Chapter 2 of the preliminary TSD, available at the web
address given in section III and in the ADDRESSES section of this
notice, summarizes and addresses the comments received in response to
the Framework document.
III. Summary of the Analyses Performed by DOE
For the automatic commercial ice makers covered in this rulemaking,
DOE conducted in-depth technical analyses in the following areas: (1)
Engineering; (2) markups to determine equipment price; (3) life-cycle
cost and payback period; and (4) national impacts. The preliminary TSD
that presents the methodology and results of each of these analyses is
available at: www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html.
DOE also conducted, and has included in the preliminary TSD,
several other analyses that support the major analyses. These analyses
include: (1) The market and technology assessment; (2) the screening
analysis, which contributes to the engineering analysis; and (3) the
shipments analysis, which contributes to the LCC and PBP analysis and
NIA. In addition to these analyses, DOE has begun preliminary work on
the manufacturer impact analysis and identified the methods to be used
for the LCC subgroup analysis, the emissions analysis, the employment
analysis, the regulatory impact analysis, and the utility impact
analysis. DOE will expand on these analyses in the notice of proposed
rulemaking (NOPR).
A. Engineering Analysis
The engineering analysis establishes the relationship between the
manufacturer selling price and equipment efficiency that DOE is
evaluating for energy conservation standards. This relationship serves
as the basis for cost-benefit calculations for individual consumers,
manufacturers, and the nation. The engineering analysis identifies
representative baseline equipment, which is the starting point for
analyzing technologies that provide energy efficiency improvements.
Baseline equipment refers to a model or models having features and
technologies typically found in the minimum efficiency equipment
currently available on the market. After identifying the baseline
models, DOE estimated manufacturer selling prices by using a consistent
methodology and pricing scheme that included material costs, cost of
shipping, and manufacturer markups. DOE used these inputs to develop
manufacturer selling prices for the baseline and more efficient
designs. Later, in the markups to determine the installed price
analysis, DOE converts these manufacturer selling prices into installed
prices. In the preliminary TSD, section 2.5 of chapter 2 and chapter 5
each provide details on the engineering analysis and the derivation of
the manufacturer selling prices.
B. Markups To Determine Installed Price
DOE derives the installed prices for equipment based on
manufacturer markups, distributor markups, contractor markups, and
sales taxes. In deriving these markups, DOE determined the major
distribution channels for equipment sales, the markup associated with
each party in each distribution channel, and the existence and
magnitude of differences between markups for baseline equipment
(baseline markups) and higher efficiency equipment (incremental
markups). DOE calculates both overall baseline and overall incremental
markups based on the equipment markups at each step in each
distribution channel. In the preliminary TSD, section 2.6 of chapter 2
and chapter 6 provide detail on the estimation of markups.
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C. Energy Use Analysis
DOE carries out the energy use analysis to estimate the energy
consumption of the automatic commercial ice makers installed in the
field, such as in hospitals and restaurants. Details of the energy use
analysis are provided in section 2.7 of chapter 2 and chapter 7 of the
TSD.
D. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual consumers. The LCC is the total cost of the
equipment to the customer over the life of the equipment. The LCC
analysis compares the LCCs of equipment designed to meet possible
energy conservation standards with the LCCs of the equipment likely to
be installed in the absence of standards. DOE determines LCCs by
considering (1) total installed cost to the purchaser (which consists
of manufacturer selling price, sales taxes, distribution chain markups,
and installation cost); (2) the operating cost of the equipment (energy
cost, water and wastewater cost, and maintenance and repair cost); (3)
equipment lifetime; and (4) a discount rate that reflects the real
consumer cost of capital and puts the LCC in present-value terms. The
PBP represents the number of years needed to recover the increase in
purchase price (including installation cost) of higher efficiency
equipment through savings in the operating cost of the equipment. PBP
is calculated by dividing the incremental increase in installed cost of
the higher efficiency equipment, compared to baseline equipment, by the
annual savings in operating costs. Section 2.8 of chapter 2 and chapter
8 of the preliminary TSD provide details on the LCC and PBP analyses.
E. National Impact Analysis
The NIA estimates the national energy savings (NES) and the net
present value (NPV) of total consumer costs and savings expected to
result from new standards at specific efficiency levels (referred to as
candidate standard levels). DOE calculated NES and NPV for each
candidate standard level for automatic commercial ice makers as the
difference between a base-case forecast (without new standards) and the
standards-case forecast (with standards). DOE determined national
annual energy consumption by multiplying the number of units in use (by
vintage) by the average unit energy consumption (also by vintage).
Cumulative energy savings are the sum of the annual NES determined from
2016-2045. The national NPV is the sum over time of the discounted net
savings each year, which consists of the difference between total
operating cost savings and increases in total installed costs. Critical
inputs to this analysis include shipments projections, equipment
retirement rates (based on estimated equipment lifetimes), equipment
installed costs and operating costs, equipment annual energy
consumption, and discount rates. Section 2.10 of chapter 2 and chapter
10 of the preliminary TSD provide details on the NIA.
IV. Public Participation
DOE invites input from the public on all of the topics described
herein. The preliminary analytical results are subject to revision
following further review and input from the public. A complete and
revised TSD will be made available upon issuance of a NOPR. The final
rule establishing any amended energy conservation standards will
contain the final analysis results and be accompanied by a final rule
TSD.
DOE encourages those who wish to participate in the public meeting
to obtain the preliminary TSD from DOE's Web site and to be prepared to
discuss its contents. A copy of the preliminary TSD is available at:
www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html. However, public meeting
participants need not limit their comments to the topics identified in
the preliminary TSD. DOE 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, DOE welcomes all interested parties, regardless of
whether they participate in the public meeting, to submit in writing by
March 9, 2012 comments and information on matters addressed in the
preliminary TSD and on other matters relevant to consideration of
standards for automatic commercial ice makers.
The public meeting will be conducted in an informal, conference
style. A court reporter will be present to record the minutes of the
meeting. There shall be no discussion of proprietary information, costs
or prices, market shares, or other commercial matters regulated by
United States antitrust laws.
After the public meeting and the closing of the comment period, DOE
will consider all timely submitted comments and additional information
obtained from interested parties, as well as information obtained
through further analyses, and prepare a NOPR. The NOPR will include
proposed energy conservation standards for the equipment covered by the
rulemaking, and members of the public will be given an opportunity to
submit written and oral comments on the proposed standards.
A. Attendance at Public Meeting
The time and date of the public meeting are listed in the DATES and
ADDRESSES sections at the beginning of this notice of proposed public
meeting (NOPM). The public meeting will be held at the U.S. Department
of Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue
SW., Washington, DC 20585-0121. To attend the public meeting, please
notify Ms. Brenda Edwards at (202) 586-2945. Any foreign national
wishing to participate in the meeting should advise DOE of this fact as
soon as possible by contacting Ms. Brenda Edwards to initiate the
necessary procedures.
You can attend the public meeting via webinar, and registration
information, participant instructions, and information about the
capabilities available to webinar participants will be published on the
following Web site: https://www1.gotomeeting.com/register/746214648.
Participants are responsible for ensuring their computer systems are
compatible with the webinar software.
The purpose of the meeting is to receive comments and to help DOE
understand potential issues associated with this proposed rulemaking.
DOE must receive requests to speak at the meeting before 4 p.m.,
February 2, 2012. DOE must receive a signed original and an electronic
copy of statements to be given at the public meeting before 4 p.m.,
February 2, 2012.
B. Procedure for Submitting Requests To Speak
Any person who has an interest in today's notice or who is a
representative of a group or class of persons that has an interest in
these issues may request an opportunity to make an oral presentation.
Such persons may hand-deliver requests to speak, along with a computer
diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII)
file format to Ms. Brenda Edwards at the address shown in the ADDRESSES
section at the beginning of this NOPM between 9 a.m. and 4 p.m. Monday
through Friday, except Federal holidays. Requests may also be sent by
mail to the address shown in the ADDRESSES section or email to
Brenda.Edwards@ee.doe.gov.
Persons requesting to speak should briefly describe the nature of
their
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interest in this rulemaking and provide a telephone number for contact.
DOE requests persons selected to be heard to submit an advance copy of
their statements at least two weeks before the public meeting. At its
discretion, DOE may permit any person who cannot supply an advance copy
of their statement to participate, if that person has made advance
alternative arrangements with the Building Technologies Program. The
request to give an oral presentation should ask for such alternative
arrangements.
C. Conduct of Public Meeting
DOE will designate a DOE official to preside at the public meeting
and may also employ a professional facilitator to aid discussion. The
meeting will not be a judicial or evidentiary-type public hearing, but
DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C.
6306) A court reporter will record the proceedings and prepare a
transcript. DOE reserves the right to schedule the order of
presentations and to establish the procedures governing the conduct of
the public meeting. After the public meeting, interested parties may
submit further comments on the proceedings as well as on any aspect of
the rulemaking until the end of the comment period.
The public meeting will be conducted in an informal conference
style. DOE will present summaries of comments received before the
public meeting, allow time for presentations by participants, and
encourage all interested parties to share their views on issues
affecting this rulemaking. Each participant will be allowed to make a
prepared general statement (within DOE-determined time limits) prior to
the discussion of specific topics. DOE will permit other participants
to comment briefly on any general statements.
At the end of all prepared statements on a topic, DOE will permit
participants to clarify their statements briefly and comment on
statements made by others. Participants should be prepared to answer
questions from DOE and other participants concerning these issues. DOE
representatives may also ask questions of participants concerning other
matters relevant to this rulemaking. The official conducting the public
meeting will accept additional comments or questions from those
attending, as time permits. The presiding official will announce any
further procedural rules or modification of the above procedures that
may be needed for the proper conduct of the public meeting.
A transcript of the public meeting will be included in the docket,
which can be viewed as described in the Docket section at the beginning
of this notice. In addition, any person may buy a copy of the
transcript from the transcribing reporter.
D. Submission of Comments
DOE will accept comments, data, and other information regarding the
proposed rule before or after the public meeting, but no later than the
date provided at the beginning of this NOPM. Please submit comments,
data, and other information as provided in the ADDRESSES section.
Submit electronic comments in WordPerfect, Microsoft Word, PDF, or text
(ASCII) file format and avoid the use of special characters or any form
of encryption. Comments in electronic format should be identified by
the docket number EERE-2010-BT-STD-0037 and/or RIN 1904-AC39 and
wherever possible carry the electronic signature of the author. No
telefacsimiles (faxes) will be accepted.
According to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two copies: One copy of the document including
all the information believed to be confidential and one copy of the
document with the information believed to be confidential deleted. DOE
will make its own determination as to the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) a date upon which such information might lose
its confidential nature due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this NOPM.
Issued in Washington, DC, on January 17, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency
and Renewable Energy.
[FR Doc. 2012-1350 Filed 1-23-12; 8:45 am]
BILLING CODE 6450-01-P