Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 17573 

its preliminary plan for retrospective 

review of regulations. 

The Department advises that this 

notice and request for comments is 

issued for information and policy 

development purposes. Although the 

Department encourages responses to 

this notice, such comments do not bind 

the Department to taking any further 

actions related to the submission. 

George W. Madison, 

General Counsel, Department of the Treasury. 

[FR Doc. 2011–7468 Filed 3–29–11; 8:45 am] 

BILLING CODE 4810–25–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2010–BT–STD–0003] 

RIN 1904–AC19 

Energy Conservation Standards for 

Commercial Refrigeration Equipment: 

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. 

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 commercial 

refrigeration equipment; 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 

commercial refrigeration equipment. 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 Tuesday, April 19, 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 May 

16, 2011. 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, Room 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–0003 or 

Regulation Identification Number (RIN) 

1904–AC19, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: CRE–2010–STD– 

0003@ee.doe.gov. Include the docket 

number EERE–2010–BT–STD–0003 

and/or RIN 1904–AC19 in the subject 

line of the message. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Public Meeting for Commercial 

Refrigeration Equipment, EERE–2010– 

BT–STD–0003, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Telephone (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Telephone (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the docket number or RIN 

for this rulemaking. For detailed 

instructions on submitting comments 

and additional information on the 

rulemaking process, see section IV, 

‘‘Public Participation,’’ of this document. 

Docket: For access to the docket to 

read background documents or a copy of 

the transcript of the public meeting or 

comments received, go to the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza, SW., Washington, DC 

20024, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. Please call Ms. Brenda 

Edwards at (202) 586–2945 for 

additional information regarding 

visiting the Resource Room. 

DOE has prepared an agenda, a 

preliminary TSD, and briefing materials, 

which are available at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/commercial/ 

refrigeration_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. E-mail: 

Charles.Llenza@ee.doe.gov. In the Office 

of General Counsel, contact Mr. Michael 

Kido, U.S. Department of Energy, Office 

of the General Counsel, GC–71, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

8145, Michael.Kido@hq.doe.gov; or Ms. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, (202) 

586–7796, Elizabeth.Kohl@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. E-mail: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority 

II. History of Standards Rulemaking for 

Commercial Refrigeration Equipment 

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 

F. Submission of Comments 

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 

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17574 Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 

aFor editorial reasons, Parts B and C were redesignated as Parts A and A–1, respectively, on 

codification in the U.S. Code. 

Conservation Program for Consumer 

Products Other Than Automobiles. Part 

C of Title III, which established an 

energy conservation program for certain 

industrial equipment a (42 U.S.C. 

6311¥6317), includes provisions for 

commercial refrigeration equipment, 

which is the subject of this rulemaking. 

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); 42 U.S.C. 6316(e)(1)(A)) 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); 

6316(e)(1)(A)) 

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 

for the product. DOE publishes this 

document to announce the availability 

of the preliminary TSD, which details 

the preliminary analyses, discusses the 

comments 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 

Commercial Refrigeration Equipment 

A. Background 

EPCA, as amended by EPACT 2005, 

prescribes energy conservation 

standards for certain commercial 

refrigeration equipment: self-contained 

commercial refrigerators, freezers and 

refrigerator-freezers with transparent 

and solid doors designed for holding 

temperature applications, and selfcontained commercial refrigerators with 

transparent doors designed for pulldown temperature applications. (42 

U.S.C. 6313(c)(2)¥(3)) Compliance with 

these standards was required as of 

January 1, 2010. Id. In addition, EPCA 

required DOE to set standards for 

additional commercial refrigeration 

equipment, namely: commercial icecream freezers; self-contained 

commercial refrigerators, freezers, and 

refrigerator-freezers without doors; and 

remote condensing commercial 

refrigerators, freezers, and refrigeratorfreezers. (See generally, 42 U.S.C. 

6313(c)(4)) DOE published a final rule 

establishing these standards on January 

9, 2009 (74 FR 1092), and manufacturers 

must comply with these standards 

starting on January 1, 2012. (42 U.S.C. 

6313(c)(4)(A)) 

Additionally, EPCA requires DOE to 

conduct a second rulemaking to 

determine whether to amend the 

standards established under 42 U.S.C. 

6313(c), which includes both the 

standards prescribed by EPACT 2005 

and those prescribed by DOE in the 

January 2009 final rule. (42 U.S.C. 

6313(c)(5)) If DOE decides as part of this 

ongoing rulemaking to amend the 

standards, DOE must publish a final 

rule establishing such amended 

standards by January 1, 2013. Id. 

B. Current Rulemaking Process 

In initiating this rulemaking, DOE 

prepared a framework document, 

‘‘Rulemaking Framework for 

Commercial Refrigeration Equipment,’’ 

which describes the procedural and 

analytical approaches DOE anticipates 

using to evaluate energy conservation 

standards for commercial refrigeration 

equipment. 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 24824 (May 6, 2010). The framework 

document is available at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/commercial/pdfs/ 

cre_framework_04-30-10.pdf. 

DOE held a public meeting on May 

18, 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 energyefficiency 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 

involved in the preliminary analyses. 

Chapter 2 of the preliminary TSD, 

available at the Web address given 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 commercial refrigeration 

equipment 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 

http://www1.eere.energy.gov/buildings/ 

appliance_standards/commercial/ 

refrigeration_equipment.html. 

DOE also conducted, and has 

included in the preliminary TSD, 

several other analyses that either 

support the five 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 

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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 17575 

LCC subgroup analysis, the 

environmental assessment, 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 including 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 2.4 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 2.5 of chapter 2 and 

chapter 6 provide detail on the 

estimation of markups. 

C. Energy Use Analysis 

DOE carries out the energy use 

analysis to estimate the energy 

consumption of the commercial 

refrigeration equipment installed in the 

field, such as in grocery stores and 

restaurants. DOE also carries out 

additional studies to understand the 

impact of variations in building interior 

temperature and relative humidity on 

the energy consumption of the 

refrigeration equipment. Details of the 

energy use analysis are provided in 

section 2.6 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 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 presentvalue 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 2.7 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 NES and the 

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 commercial 

refrigeration equipment 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 2.8 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 the topics described above. 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 the Web at http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/commercial/ 

refrigeration_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 May 16, 2011 

comments and information on matters 

addressed in the preliminary TSD and 

on other matters relevant to 

consideration of standards for 

commercial refrigeration equipment. 

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. 

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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 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: 

http://www1.eere.energy.gov/buildings/ 

appliance_standards/commercial/ 

refrigeration_equipment.html. 

Participants are responsible for ensuring 

their 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., Tuesday, April 

12, 2011. DOE must receive a signed 

original and an electronic copy of 

statements to be given at the public 

meeting before 4 p.m., Tuesday, April 

12, 2011. 

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 handdeliver requests to speak, along with a 

computer diskette or CD in WordPerfect, 

Microsoft Word, PDF, or text (ASCII) file 

format to 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 or e-mail to 

Brenda.Edwards@ee.doe.gov. 

Persons requesting to speak should 

briefly describe the nature of their 

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. 

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 a.m. 

and 4 p.m. Monday through Friday, 

except Federal holidays. The transcript 

will also be available on DOE’s Web site 

at: http://www1.eere.energy.gov/ 

buildings/appliance_standards/ 

commercial/ 

refrigeration_equipment.html. 

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–0003 and/or RIN 1904–AC19 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 

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Federal Register / Vol. 76, No. 61 / Wednesday, March 30, 2011 / Proposed Rules 17577 

1Notations of this form appear throughout this 

document and identify statements made in written 

comments or at public hearings that DOE has 

received and has included in the docket for this 

rulemaking. For example, ‘‘NEMA, No. 12 at p. 7’’ 

refers to a comment: (1) From the National 

Electrical Manufacturers Association; (2) in 

document number 12 in the docket of this 

rulemaking; and (3) appearing on page 7 of the 

submission, while ‘‘Baldor, Framework Public 

Meeting Transcript, p.126’’ refers to a comment: (1) 

From Baldor Electric Company; (2) in the transcript 

for the public meeting on the Framework document; 

and (3) appearing on page 126 of the transcript. 

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 March 24, 

2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Office of Technology 

Development, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2011–7452 Filed 3–29–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2010–BT–STD– 

0027] 

RIN 1904–AC28 

Increased Scope of Coverage for 

Electric Motors 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information (RFI). 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) seeks 

certain information to help inform its 

current rulemaking to set energy 

conservation standards for electric 

motors. Specifically, DOE seeks 

information to assist DOE in 

determining whether to develop energy 

conservation standards for certain types 

of electric motors that are currently 

unregulated by any standards. Should 

DOE receive sufficient information 

supporting the inclusion of these motor 

types, DOE will consider including 

these motor types in the electric motors 

standards rulemaking. 

DATES: Written comments and 

information are requested on or before 

April 19, 2011. 

ADDRESSES: Interested persons are 

encouraged to submit comments using 

the Federal eRulemaking Portal at 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Alternatively, interested persons may 

submit comments, identified by docket 

number EERE–2010–BT–STD–0027, by 

any of the following methods: 

• E-mail: ElecMotors–2010–STD– 

0027@ee.doe.gov. Include docket 

number EERE–2010–BT–STD–0027 

and/or RIN 1904–AC28 in the subject 

line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Revisions to Energy Efficiency 

Enforcement Regulations, EERE–2010– 

BT–STD–0027, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. 

Docket: For access to the docket to 

read background documents, or 

comments received, go to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Raba, 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, (202) 586– 

8654, e-mail: Jim.Raba@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Authority and Background: DOE 

intends to publish a final rule 

determining whether to amend the 

current energy conservation standards 

for electric motors. On September 28, 

2010, DOE published a notice of 

availability of the ‘‘Energy Conservation 

Standards Rulemaking Framework 

Document for Electric Motors’’ 

(Framework Document), which 

describes the procedural and analytical 

approaches DOE anticipates using in its 

evaluation. 75 FR 59657. DOE must 

publish a final rule determining 

whether to amend the electric motors 

standards by December 19, 2012. (42 

U.S.C. 6313(b)(4)(B)). 

The current energy conservation 

standards for electric motors, as set forth 

in the Energy Independence and 

Security Act of 2007 (EISA 2007) 

amendments to the Energy Policy and 

Conservation Act (ECPA), establish 

energy conservation standards for two 

types of general purpose electric motors: 

(1) Subtype I, and (2) subtype II. (42 

U.S.C. 6313(b)(2)) These broad 

categories include various types of 

motors, such as the National Electrical 

Manufacturers Association (NEMA) 

Design B motors rated from 1 to 500 

horsepower, NEMA Design A and C 

motors rated from 1 to 200 horsepower, 

vertical solid shaft motors and closecoupled pump motors. These standards 

do not apply to vertical hollow shaft 

motors, integral shafted partial motors, 

brake motors, or NEMA Design A 

motors between 200 and 500 

horsepower, among other motor types. 

This is so because these types of electric 

motors do not meet currently prescribed 

definitions for general purpose electric 

motor (subtype I) and general purpose 

electric motor (subtype II), in that they 

are not general purpose motors and 

cannot be used in most general purpose 

applications. (42 U.S.C. 6311(13)(A)– 

(B); 10 CFR 431.12). 

During the Framework Document 

comment period, energy efficiency 

advocates (the Appliance Standards 

Awareness Project (ASAP) and the 

American Council for an EnergyEfficient Economy (ACEEE)), 

manufacturers (NEMA and Baldor), and 

utilities (the Pacific Gas and Electric 

Company (PG&E), Southern California 

Gas Company (SCGC), San Diego Gas 

and Electric (SDG&E), and Southern 

California Edison (SCE)) urged DOE to 

consider including additional motor 

types currently without energy 

conservation standards in DOE’s 

analyses and establishing such 

standards. (ASAP/NEMA, No. 12 at p. 1; 

ACEEE, No. 10 at p. 1; Baldor, No. 8 at 

p. 2; PG&E/SCGC/SDG&E/SCE, No. 11 at 

p. 1) 1 In the commenters’ view, this 

approach would more effectively 

increase energy savings than setting 

more stringent standards for the electric 

motors that are currently being 

examined as part of the energy 

conservation standards rulemaking that 

DOE has initiated. See 75 FR 59657 

(September 28, 2010). These parties also 

asserted that expanding the scope of 

DOE’s current efforts, along with 

specially tailored exemptions for certain 

types of electric motors,would enable 

DOE to simplify its compliance and 

enforcement efforts. (ASAP/NEMA, No. 

12 at p. 1–2; ACEEE, No. 10 at p. 1) 

In light of these comments, DOE 

requests information regarding definite 

purpose and special purpose motors, 

including the additional motor types 

that DOE describes in Table 1 and Table 

2. DOE is considering including definite 

and special purpose motors in the 

electric motors standards rulemaking. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS