[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Pages 31756-31758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13099]
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DEPARTMENT OF ENERGY
10 CFR Parts 429, 430, and 431
[Docket No. EERE-2011-BT-TP-0024]
RIN 1904-AC46
Energy Conservation Program: Alternative Efficiency Determination
Methods and Alternative Rating Methods: Public Meeting
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting.
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SUMMARY: The U.S. Department of Energy (DOE) is holding a public
meeting to provide interested parties an opportunity to comment on
DOE's proposed modifications to the regulations authorizing the use of
alternative methods of determining energy efficiency or energy
consumption of various consumer products and commercial equipment.
DATES: DOE will hold a public meeting on Tuesday, June 5, 2012, from
9:00 a.m. to 4:00 p.m., in Washington, DC. DOE must receive requests to
speak at the public meeting before 4:00 p.m., Friday, June 1, 2012.
Participants seeking to present statements in person during the meeting
must submit to DOE a signed original and an electronic copy of
statements to be given at the public meeting before 4:00 p.m., Friday,
June 1, 2012. Additionally, DOE plans to conduct the public meeting via
webinar. Additional details regarding webinar registration will be
posted on DOE's certification and enforcement Web page (http://www1.eere.energy.gov/buildings/appliance_standards/certification_enforcement.html).
ADDRESSES: 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, please notify Ms. Brenda Edwards
at (202) 586-2945. Please note that foreign nationals visiting DOE
Headquarters are subject to advance security screening procedures. Any
foreign national wishing to participate in the public meeting should
advise DOE as soon as possible by contacting Ms. Brenda Edwards at
(202) 586-2945 to initiate the necessary procedures.
Docket: The docket is available for review at www.regulations.gov.
All documents in the docket are listed in the www.regulations.gov
index. However, not all documents in the index may be publicly
available, such as information that is exempt from public disclosure. A
link to the docket Web
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page can be found at www.regulations.gov. The www.regulations.gov Web
page contains a link to the docket for this notice, along with simple
instructions on how to access all documents, including public comments,
in the docket.
FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC
20585-0121. Phone: (202) 586-6590. Email: Ashley.Armstrong@ee.doe.gov
or Laura Barhydt, U.S. Department of Energy, Office of General Counsel,
GC-32, 1000 Independence Avenue SW., Washington, DC 20585-0121. Phone:
(202) 287-5772. Email: Laura.Barhydt@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act of 1975, as amended (``EPCA'' or, in context, ``the
Act'') sets forth a variety of provisions designed to improve energy
efficiency. Part A of Title III (42 U.S.C. 6291-6309) provides for the
Energy Conservation Program for Consumer Products Other Than
Automobiles. The National Energy Conservation Policy Act (NECPA),
Public Law 95-619, amended EPCA to add Part A-1 of Title III, which
established an energy conservation program for certain industrial
equipment. (42 U.S.C. 6311-6317) The Department of Energy (``DOE'') is
charged with implementing these provisions.
AEDMs and ARMs are computer modeling or mathematical tools that
predict the performance of non-tested basic models. They are derived
from mathematical models and engineering principles that govern the
energy efficiency and energy consumption characteristics of a type of
covered product. (In the context of this discussion, the term ``covered
product'' applies both to consumer products and commercial equipment
that are covered under EPCA.) These computer modeling and mathematical
tools, when properly developed, can provide a relatively straight-
forward and reasonably accurate means to predict the energy usage or
efficiency characteristics of a basic model of a given covered product.
Where authorized by regulation, AEDMs and ARMs enable manufacturers
to rate and certify their basic models by using the projected energy
use or energy efficiency results derived from these simulation models,
reducing the regulatory burden associated with testing.
DOE has issued a Notice of Proposed Rulemaking and is holding this
public meeting and webinar to provide interested parties an opportunity
to comment on DOE's proposed modifications to the regulations
authorizing the use of alternative methods of determining energy
efficiency or energy consumption of various consumer products and
commercial equipment. The complete Notice of Proposed Rulemaking is
posted on DOE's certification and enforcement Web page (http://www1.eere.energy.gov/buildings/appliance_standards/certification_enforcement.html).
In particular, DOE is interested in receiving comments and views of
interested parties concerning the following issues:
1. DOE requests comment on its proposal not to add a pre-approval
process for AEDMs and its proposal to no longer require pre-approval
for use of an alternative rating method for residential central air
conditioners and heat pumps.
2. DOE requests comment on its proposal to expand the use of AEDMs
to other commercial products.
3. DOE requests comment on its proposal to require at least one
basic model from each product class to be tested to substantiate the
AEDM. Specifically, DOE requests comments from manufacturers as to
whether additional clarification is needed for manufacturers of certain
covered products to determine all the applicable product classes that
would need to be tested to substantiate the AEDM. As part of these
comments, the Department is interested in receiving feedback on how
manufacturers currently develop any simulation tools to ensure they are
applicable across a wide range of product classes.
4. DOE seeks product specific comments on proposed overall and
individual tolerance levels by product type. Specifically, DOE seeks
data which show that the variability seen in the manufacturing
processes, test instrumentation, and testing procedures are such that a
different tolerance should be considered.
5. DOE seeks comment on the criteria for selection of basic models
and the number of basic models a manufacturer should be required to
test for substantiation as well as whether the differences in testing
requirements for distribution transformers are appropriate or
necessary.
6. DOE seeks comment on the appropriate course of action and the
time to complete such steps when a model tested by DOE fails to meet
its certified rating.
7. DOE requests comment on the proposal to disallow the use of an
AEDM if there is evidence that the mis-rating is willful and/or there
are multiple instances of non-compliance.
8. DOE requests comment on the necessity of requiring re-
substantiation when there is a change in standards or test procedure
and requiring that AEDMs be re-substantiated with active models.
Public Participation
A. Attendance at Public Meeting
The time, date, and location of the public meeting are provided in
the DATES and ADDRESSES sections at the beginning of this document.
Anyone who wants to attend the public meeting must notify Ms. Brenda
Edwards at (202) 586-2945. Foreign nationals visiting DOE headquarters
are subject to advance security screening procedures.
B. Procedure for Submitting Requests to Speak
Any person who has an interest in the topics addressed in this
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 at the public meeting. Such persons may hand-deliver
requests to speak to the address shown in the ADDRESSES section at the
beginning of this notice between 9:00 a.m. and 4:00 p.m., Monday
through Friday, except Federal holidays. Requests may also be sent by
mail or email to: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue
SW., Washington, DC 20585-0121, or Brenda.Edwards@ee.doe.gov. Persons
who wish to speak should include in their request a computer diskette
or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format
that briefly describes the nature of their interest in this rulemaking
and the topics they wish to discuss. Such persons should also provide a
daytime telephone number where they can be reached.
DOE requests that those persons who are scheduled to speak submit a
copy of their statements at least one week prior to the public meeting.
DOE may permit any person who cannot supply an advance copy of this
statement to participate, if that person has made alternative
arrangements with the Building Technologies Program in advance. When
necessary, the request to give an oral presentation should ask for such
alternative arrangements.
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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
public meeting will be conducted in an informal, conference style. The
meeting will not be a judicial or evidentiary public hearing, but DOE
will conduct it in accordance with section 336 of EPCA (42 U.S.C.
6306). Discussion of proprietary information, costs or prices, market
share, or other commercial matters regulated by U.S. anti-trust laws is
not permitted.
DOE reserves the right to schedule the order of presentations and
to establish the procedures governing the conduct of the public
meeting. A court reporter will record the proceedings and prepare a
transcript.
At the public meeting, DOE will allow time for presentations by
participants, and encourage all interested parties to share their views
on issues affecting this rulemaking. Each participant may present a
prepared general statement (within time limits determined by DOE)
before the discussion of specific topics. Other participants may
comment briefly on any general statements. At the end of the prepared
statements on each specific topic, participants may clarify their
statements briefly and comment on statements made by others.
Participants should be prepared to answer questions from DOE and other
participants. DOE representatives may also ask questions about 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 procedures needed for the
proper conduct of the public meeting.
DOE will make the entire record of this proposed rulemaking,
including the transcript from the public meeting, available for
inspection at the U.S. Department of Energy, 6th Floor, 950 L'Enfant
Plaza SW., Washington, DC 20024, (202) 586-2945, between 9:00 a.m. and
4:00 p.m., Monday through Friday, except Federal holidays. Anyone may
purchase a copy of the transcript from the transcribing reporter.
Additionally, the record for this proposed rulemaking will be made
available at www.regulations.gov.
Issued in Washington, DC, on May 24, 2012.
Timothy Unruh,
Acting Deputy Assistant Secretary of Energy, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-13099 Filed 5-29-12; 8:45 am]
BILLING CODE 6450-01-P