Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 9631 

relevant Federal rules that duplicate, 

overlap, or conflict with this rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Colorado potato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the July 19, 2012, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Finally, interested persons are invited to 

submit comments on this proposed rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Laurel May at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 60-day comment period is provided 

to allow interested persons to respond 

to this proposal. All written comments 

timely received will be considered 

before a final determination is made on 

this matter. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 948 is proposed to 

be amended as follows: 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ 1. The authority citation for 7 CFR 

part 948 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 948.150, paragraph (a)(3) is 

revised to read as follows: 

§ 948.150 Reestablishment of committee 

membership. 

* * * * * 

(a) * * * 

(3) One (1) producer from either 

Conejos or Costilla County. 

* * * * * 

Dated: February 5, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–02979 Filed 2–8–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2012–BT–STD–0047] 

RIN 1904–AC88 

Energy Efficiency Program for 

Consumer Products: Energy 

Conservation Standards for 

Residential Boilers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of public meeting and 

availability of the Framework 

Document. 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating the 

rulemaking and data collection process 

to consider amending the energy 

conservation standards for residential 

boilers. This rulemaking will satisfy the 

statutory requirement for DOE to 

conduct a second round of energy 

conservation standards rulemaking for 

residential boilers, and it will also fulfill 

DOE’s statutory obligation to review 

energy conservation standards within 

six years after issuance of any final rule 

establishing or amending a standard to 

determine whether such standards 

should be amended. After concluding 

its initial review of the available 

information and public comments, DOE 

will publish either a notice of the 

determination that standards do not 

need to be amended, or a notice of 

proposed rulemaking including new 

proposed standards. To inform 

interested parties and to facilitate this 

process, DOE has prepared a Framework 

Document that details the analytical 

approach and scope of coverage for the 

rulemaking, and identifies several issues 

on which DOE is particularly interested 

in receiving comments. DOE will hold 

a public meeting to discuss and receive 

comments on its planned analytical 

approach and issues it will address in 

this rulemaking proceeding. DOE 

welcomes written comments and 

relevant data from the public on any 

subject within the scope of this 

rulemaking. A copy of the Framework 

Document is available at: http:// 

www1.eere.energy.gov/buildings/

appliance_standards/residential/

furnaces_boilers.html. 

DATES: Meeting: DOE will hold a public 

meeting on Wednesday, March 13, 2013, 

from 9:00 a.m. to 2:00 p.m. directly after 

the Residential Furnace and Boilers Test 

Procedure NOPR Pubic Meeting in 

Washington, DC. Additionally, DOE 

plans to conduct the public meeting via 

webinar. You may attend the public 

meeting via webinar, and registration 

information, participant instructions, 

and information about the capabilities 

available to webinar participants will be 

published on DOE’s Web site at: http:// 

www1.eere.energy.gov/buildings/

appliance_standards/residential/

furnaces_boilers.html. Participants are 

responsible for ensuring that their 

systems are compatible with the 

webinar software. 

DOE must receive requests to speak at 

the public meeting before 4:00 p.m., 

Wednesday, February 27, 2013. DOE 

must receive an electronic copy of the 

statement with the name and, if 

appropriate, the organization of the 

presenter to be given at the public 

meeting before 4:00 p.m., Wednesday, 

March 6, 2013. 

Comments: DOE will accept written 

comments, data, and information 

regarding the Framework Document 

before and after the public meeting, but 

no later than March 28, 2013. 

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 planning to 

participate in the public meeting are 

subject to advance security screening 

procedures. 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. 

Please note that any person wishing to 

bring a laptop computer into the 

Forrestal Building will be required to 

obtain a property pass. Visitors should 

avoid bringing laptops, or allow an extra 

45 minutes. As noted above, persons 

may also attend the public meeting via 

webinar. 

Interested parties are encouraged to 

submit comments electronically. 

However, comments may be submitted 

by any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-Mail: 

ResBoilers2012STD0047@ee.doe.gov. 

Include docket number EERE–2012–BT– 

STD–0047 and/or regulatory 

identification number (RIN) 1904–AC88 

in the subject line of the message. All 

comments should clearly identify the 

name, address, and, if appropriate, 

organization of the commenter. Submit 

electronic comments in WordPerfect, 

Microsoft Word, PDF, or ASCII file 

format, and avoid the use of special 

characters or any form of encryption. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 


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9632 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 

3Under 42 U.S.C. 6292(a)(5), the statute 

establishes ‘‘furnaces’’ as covered products. 

Originally, boilers were considered a class of 

furnaces. However, amendments to EPCA in EISA 

2007 distinguished between furnaces and boilers in 

42 U.S.C. 6295(f) by adding the text ‘‘and boilers’’ 

to the title of that section and by prescribing 

standards for those products. Although EISA 2007 

did not similarly update 42 U.S.C. 6292(a)(5), it is 

implicit that this coverage continues to include 

boilers. 

Technologies Program, Mailstop EE–2J, 

Framework Document for Residential 

Boilers, Docket No. EERE–2012–BT– 

STD–0047 and/or RIN 1904–AC88, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, Sixth 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Telephone: 

(202) 586–2945. If possible, please 

submit all items on a CD, in which case 

it is not necessary to include printed 

copies. 

Instructions: All submissions received 

must include the agency name and 

docket number and/or RIN for this 

rulemaking. No telefacsimilies (faxes) 

will be accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendees lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

A link to the docket Web page can be 

found at: www.regulations.gov/#!docket

Detail;dct=FR%252BPR%252BN%25

2BO%252BSR%252BPS;rpp=25;po=0;

D=EERE-2012-BT-STD-0047. This Web 

page contains a link to the docket for 

this notice on the www.regulations.gov 

Web site. The www.regulations.gov Web 

page contains simple instructions on 

how to access all documents, including 

public comments, in the docket. 

For 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John Cymbalsky, 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) 286–1692. Email: 

residential_furnaces_and_boilers@ee.

doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. E-Mail: 

Eric.Stas@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: Title III, 

Part B1 of the Energy Policy and 

Conservation Act of 1975 (EPCA or the 

Act), Public Law 94–163 (42 U.S.C. 

6291–6309, as codified) sets forth a 

variety of provisions designed to 

improve energy efficiency and 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, a program covering 

most major household appliances 

(collectively referred to as ‘‘covered 

products’’).2 These include the types of 

residential boilers 3 that are the subject 

of this rulemaking. (42 U.S.C. 

6292(a)(5)) This program authorizes 

DOE to establish technologically 

feasible, economically justified energy 

efficiency regulations for certain 

products and equipment that would be 

likely to result in substantial national 

energy savings. (42 U.S.C. 

6295(o)(2)(B)(i)(I)–(VII)) 

The National Appliance Energy 

Conservation Act of 1987 (NAECA), 

Pub. L. 100–12, amended EPCA and 

established energy conservation 

standards for residential boilers, as well 

as requirements for determining 

whether these standards should be 

amended. (42 U.S.C. 6295(f)) 

Specifically, NAECA set minimum 

standards for boilers in terms of the 

annual fuel utilization efficiency 

(AFUE) and required that DOE publish 

a final rule to determine whether the 

standard should be amended no later 

than January 1, 1994. (42 U.S.C. 

6295(f)(1) and (4)(B)) It also required 

that DOE publish a final rule to 

determine whether standards in effect 

for such products should be amended 

after January 1, 1997 and before January 

1, 2007. (42 U.S.C. 6295(f)(4)(C)) 

On November 19, 2007, DOE 

published a final rule in the Federal 

Register (hereafter referred to as the 

‘‘November 2007 final rule’’) revising 

the energy conservation standards for 

furnaces and boilers, which addressed 

the first required review of minimum 

standards for boilers under 42 U.S.C. 

6295(f)(4)(B). 72 FR 65136. Compliance 

with the standards in the November 

2007 final rule would have been 

required by November 19, 2015. 

However, on December 19, 2007, the 

Energy Independence and Security Act 

of 2007 (EISA 2007), Public Law 110– 

140, was signed into law, which further 

revised the energy conservation 

standards for residential boilers. More 

specifically, EISA 2007 revised the 

minimum AFUE requirements for 

residential boilers and set several design 

requirements for each product class. (42 

U.S.C. 6295(f)(3)) EISA 2007 required 

compliance with the amended energy 

conservation standards for residential 

boilers beginning on September 1, 2012. 

On July 15, 2008, DOE issued a final 

rule technical amendment, which was 

published in the Federal Register on 

July 28, 2008, that codified the EISA 

2007 amendments to the energy 

conservation standards for residential 

boilers. 73 FR 43611. 

DOE is initiating this rulemaking 

pursuant to 42 U.S.C. 6295(f)(4)(C), 

which requires DOE to conduct a 

second round of amended standards 

rulemaking for residential boilers. 

EPCA, as amended by EISA 2007, also 

requires that not later than 6 years after 

issuance of any final rule establishing or 

amending a standard, DOE must publish 

either a notice of the determination that 

standards for the product do not need to 

be amended, or a notice of proposed 

rulemaking including new proposed 

energy conservation standards. (42 

U.S.C. 6295(m)(1)) As noted above, 

DOE’s last final rule for residential 

boilers was issued on July 15, 2008, so 

as a result, DOE must act by July 15, 

2014. This rulemaking will satisfy both 

statutory provisions. 

Furthermore, EISA 2007 amended 

EPCA to require that any new or 

amended energy conservation standard 

adopted after July 1, 2010 shall address 

standby mode and off mode energy use, 

pursuant to 42 U.S.C. 6295(o). (42 

U.S.C. 6295(gg)(3)) On October 20, 2010, 

DOE published a final rule in the 

Federal Register revising the test 

procedure for residential boilers to 

include provisions for measuring 

standby mode and off mode electricity 

consumption. 75 FR 64621. DOE then 

updated the provisions for measuring 


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Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules 9633 

standby mode and off mode electricity 

consumption in a subsequent final rule 

published in the Federal Register on 

December 31, 2012. 77 FR 76831. DOE 

will consider standby mode and off 

mode energy use as part of this 

rulemaking process for residential 

boilers. 

DOE has prepared the Framework 

Document to explain the relevant issues, 

analyses, and processes it anticipates 

using when considering amended 

energy conservation standards. The 

focus of the public meeting noted above 

will be to discuss the information 

presented and issues identified in the 

Framework Document. At the public 

meeting, DOE will make presentations 

and invite discussion on the rulemaking 

process as it applies to residential 

boilers. DOE will also solicit comments, 

data, and information from participants 

and other interested parties. 

DOE is planning to conduct in-depth 

technical analyses in the following 

areas: (1) Engineering; (2) energy-use 

characterization; (3) product price; (4) 

life-cycle cost and payback period; (5) 

national impacts; (6) manufacturer 

impacts; (7) utility impacts; (8) 

employment impacts; (9) emission 

impacts; and (10) regulatory impacts. 

DOE will also conduct several other 

analyses that support those previously 

listed, including the market and 

technology assessment, the screening 

analysis (which contributes to the 

engineering analysis), and the 

shipments analysis (which contributes 

to the national impact analysis). 

DOE encourages those who wish to 

participate in the public meeting to 

obtain the Framework Document and to 

be prepared to discuss its contents. A 

copy of the Framework Document is 

available at: http:// 

www1.eere.energy.gov/buildings/

appliance_standards/residential/

furnaces_boilers.html. 

Public meeting participants need not 

limit their comments to the issues 

identified in the Framework Document. 

DOE is also interested in comments on 

other relevant issues that participants 

believe would affect energy 

conservation standards for these 

products, applicable test procedures, or 

the preliminary determination on the 

scope of coverage. DOE invites all 

interested parties, whether or not they 

participate in the public meeting, to 

submit in writing by March 28, 2013, 

comments and information on matters 

addressed in the Framework Document 

and on other matters relevant to DOE’s 

consideration of coverage of and 

standards for residential boilers. 

The public meeting will be conducted 

in an informal, facilitated, conference 

style. There shall be no discussion of 

proprietary information, costs or prices, 

market shares, or other commercial 

matters regulated by U.S. antitrust laws. 

A court reporter will record the 

proceedings of the public meeting, after 

which a transcript will be available for 

purchase from the court reporter and 

placed on the DOE Web site at: http:// 

www1.eere.energy.gov/buildings/

appliance_standards/residential/

furnaces_boilers.html. 

After the public meeting and the close 

of the comment period on the 

Framework Document, DOE will collect 

data, conduct the analyses as discussed 

in the Framework Document and at the 

public meeting, and review the public 

comments it receives. 

DOE considers public participation to 

be a very important part of the process 

for determining whether to amend 

energy conservation standards and, if 

so, in setting those amended standards. 

DOE actively encourages the 

participation and interaction of the 

public during the comment period at 

each stage of the rulemaking process. 

Beginning with the Framework 

Document, and during each subsequent 

public meeting and comment period, 

interactions with and among members 

of the public provide a balanced 

discussion of the issues to assist DOE in 

the standards rulemaking process. 

Accordingly, anyone who wishes to 

participate in the public meeting, 

receive meeting materials, or be added 

to the DOE mailing list to receive future 

notices and information about this 

rulemaking should contact Ms. Brenda 

Edwards at (202) 586–2945, or via email 

at Brenda.Edwards@ee.doe.gov. 

Issued in Washington, DC, on February 5, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–03000 Filed 2–8–13; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 252 

[Regulation YY; Docket No. OP–1452] 

RIN 7100–AD–86 

Policy Statement on the Scenario 

Design Framework for Stress Testing 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Proposed policy statement with 

request for public comment, 

supplementary notice. 

SUMMARY: The Board of Governors of the 

Federal Reserve System published in 

the Federal Register of November 23, 

2012, a document requesting public 

comment on a policy statement on the 

approach to scenario design for stress 

testing that would be used in 

connection with the supervisory and 

company-run stress tests conducted 

under the Board’s regulations issued 

pursuant to the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

and the Board’s capital plan rule. That 

Federal Register notice omitted the 

instructions for submitting comments. 

This document corrects that omission. 

DATES: The comment period closing 

date for the proposed policy statement 

published November 23, 2012, at 77 FR 

70124 remains February 15, 2013. 

FOR FURTHER INFORMATION CONTACT: Tim 

Clark, Senior Associate Director, (202) 

452–5264, Lisa Ryu, Deputy Associate 

Director, (202) 263–4833, or David 

Palmer, Senior Supervisory Financial 

Analyst, (202) 452–2904, Division of 

Banking Supervision and Regulation; 

Benjamin W. McDonough, Senior 

Counsel, (202) 452–2036, or Christine 

Graham, Senior Attorney, (202) 452– 

3099, Legal Division; or Andreas 

Lehnert, Deputy Director, (202) 452– 

3325, or Rochelle Edge, Adviser, (202) 

452–2339, Office of Financial Stability 

Policy and Research. 

ADDRESSES: Interested parties are 

encouraged to submit written comments 

identified by Docket No. OP–1452 and 

RIN 7100–AD–86, by any of the 

methods provided below. Commenters 

are also encouraged to identify the 

number of the specific question for 

comment to which they are responding. 

• Agency Web Site: http:// 

www.federalreserve.gov. Follow the 

instructions for submitting comments at 

http://www.federalreserve.gov/ 

generalinfo/foia/ProposedRegs.cfm. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-Mail: 

regs.comments@federalreserve.gov. 

Include the docket number in the 

subject line of the message. 

• Fax: (202) 452–3819 or (202) 452– 

3102. 

• Mail: Robert deV. Frierson, 

Secretary, Board of Governors of the 

Federal Reserve System, 20th Street and 

Constitution Avenue NW., Washington, 

DC 20551. 

All public comments are available 

from the Board’s Web site at http:// 

www.federalreserve.gov/generalinfo/ 

foia/ProposedRegs.cfm as submitted, 

unless modified for technical reasons. 

Accordingly, your comments will not be 


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