3404 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 

(5) Totaling the results in section 

12(b)(4); 

(6) Subtracting the total in section 

12(b)(5) from the total in section 

12(b)(3); and 

(7) Multiplying the result in section 

12(b)(6) by your share. 

Example: You have a 100 percent share in 

one basic unit with 10 acres of fresh peaches 

and 5 acres of processing peaches designated 

on your acreage report, with a 300 bushel per 

acre production guarantee for both fresh and 

processing peaches, and you select 100 

percent of the price election of $15.50 per 

bushel for fresh peaches and $6.50 per bushel 

for processing peaches. You harvest 2,500 

bushels of fresh peaches and 500 bushels of 

processing peaches. Your indemnity will be 

calculated as follows: 

(A) 10 acres × 300 bushels = 3,000 bushel 

production guarantee of fresh peaches; 

5 acres × 300 bushels = 1,500 bushel 

production guarantee of processing peaches; 

(B) 3,000 bushel production guarantee × 

$15.50 price election = $46,500 value of the 

production guarantee for fresh peaches; 

1,500 bushel production guarantee × $6.50 

price election = $9,750 value of the 

production guarantee for processing peaches; 

(C) $46,500 value of the production 

guarantee for fresh peaches + $9,750 value of 

the production guarantee for processing 

peaches = $56,250 total value of the 

production guarantee; 

(D) 2,500 bushels of fresh peach 

production to count × $15.50 price election 

= $38,750 value of the fresh peach 

production to count; 

500 bushels of processing peach 

production to count × $6.50 price election = 

$3,250 value of the processing peach 

production to count; 

(E) $38,750 value of the fresh peach 

production to count + $3,250 value of the 

processing peach production to count = 

$42,000 total value of the production to 

count; 

(F) $56,250 total value of the production 

guarantee—$42,000 total value of the 

production to count = $ 14,250 value of loss; 

and 

(G) $14,250 value of loss × 100 percent 

share = $14,250 indemnity payment. 

(c) * * * 

(1) All appraised production as 

follows: 

* * * * * 

(i) * * * 

(B) From which production is sold by 

direct marketing if you fail to meet the 

requirements contained in section 11. 

* * * * * 

(iii) Unharvested peach production 

that would be marketable if harvested; 

and 

* * * * * 

2. All harvested marketable peach 

production from the insurable acreage. 

(3) * * * 

(i) For fresh peaches by: 

(A) Dividing the value of the damaged 

peaches minus the post production cost 

specified in the Special Provisions, by 

the fresh peach price election; and 

(B) Multiplying the result of section 

12(c)(3)(i)(A) (not to exceed 1.00) by the 

number of bushels of the damaged fresh 

peaches. 

(ii) For processing peaches by: 

(A) Dividing the value of the damaged 

peaches minus the post production cost 

specified in the Special Provisions, by 

the processing peach price election; and 

(B) Multiplying the result of section 

12(c)(3)(ii)(A) (not to exceed 1.00) by the 

number of bushels of the damaged 

processing peaches. 

* * * * * 

Signed in Washington, DC, on January 13, 

2012. 

William J. Murphy, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2012–1219 Filed 1–23–12; 8:45 am] 

BILLING CODE 3410–08–P 

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. 

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 


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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 3405 

1For editorial reasons, upon codification in the 

U.S. Code, Parts B and C were re-designated as Parts 

A and A–1, respectively. 

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. 

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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3406 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 

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: Selfcontained 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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Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 3407 

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 handdeliver 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
3408 Federal Register / Vol. 77, No. 15 / Tuesday, January 24, 2012 / Proposed Rules 

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 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 46 

[Docket ID OCC–2011–0029] 

RIN 1557–AD58 

Annual Stress Test 

AGENCY: Office of the Comptroller of the 

Currency (‘‘OCC’’), Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This proposed rule would 

implement section 165(i) of the DoddFrank Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’) 

which requires certain companies to 

conduct annual stress tests pursuant to 

regulations prescribed by their 

respective primary financial regulatory 

agencies. Specifically, this proposed 

rule would require national banks and 

Federal savings associations with total 

consolidated assets of more than $10 

billion to conduct an annual stress test 

as prescribed by this proposed rule. In 

addition to the annual stress test 

requirement, such institutions would be 

subject to certain reporting and 

disclosure requirements. 

DATES: Comments must be received by 

March 26, 2012. 

ADDRESSES: Please use the title ‘‘Annual 

Stress Test’’ to facilitate the organization 

and distribution of the comments. You 

may submit comments by any of the 

following methods: 

• Email: 

regs.comments@occ.treas.gov. 

• Mail: Office of the Comptroller of 

the Currency, 250 E Street, SW., Mail 

Stop 2–3, Washington, DC 20219. 

• Fax: (202) 874–5274. 

• Hand Delivery/Courier: 250 E Street 

SW., Mail Stop 2–3, Washington, DC 

20219. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘Docket 

Number OCC–2011–0029’’ in your 

comment. In general, OCC will enter all 

comments received into the docket and 

publish them on the Regulations.gov 

Web site without change, including any 

business or personal information that 

you provide such as name and address 


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