This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

9643 

Vol. 79, No. 34 

Thursday, February 20, 2014 

1For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

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). 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2014–BT–TP–0006] 

RIN 1904–AD16 

Energy Conservation Program for 

Certain Commercial and Industrial 

Equipment: Test Procedure for 

Commercial Packaged Boilers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information (RFI). 

SUMMARY: The U.S. Department of 

Energy (DOE) is initiating a rulemaking 

and data collection process to consider 

amendments to DOE’s test procedure for 

commercial packaged boilers. This 

rulemaking is intended to fulfill DOE’s 

statutory obligation to review its test 

procedures for covered products at least 

once every seven years. As part of this 

process, DOE is considering the 

potential for adoption of part-load 

efficiency measurement as part of this 

test procedure rulemaking for 

commercial packaged boilers. To help 

inform the test procedure rulemaking, 

DOE has identified a variety of issues on 

which it is seeking comment, as 

outlined in this document; these issues 

mainly concern part-load operation and 

efficiency, appropriate operating 

conditions for both part-load and fullload operation, and the integration of 

part-load measurements into the 

applicable energy efficiency metric. 

Although DOE welcomes comment on 

all aspects of its test procedure, DOE is 

particularly interested in receiving 

comments and data from stakeholders 

and the public on these topics. 

DATES: DOE will accept written 

comments, data, and information on this 

document, on or before March 24, 2014. 

ADDRESSES: Interested persons are 

encouraged to submit comments 

electronically. However, interested 

persons may submit comments, 

identified by docket number EERE– 

2014–BT–TP–0006 or Regulation 

Identifier Number (RIN) 1904–AD16, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

CommPackagedBoilers2014TP0006@

ee.doe.gov Include docket number 

EERE–2014–BT–TP–0006 and/or RIN 

1904–AD16 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, portable document format (PDF), 

or American Standard Code for 

Information Interchange (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 

Technologies Office, Mailstop EE–5B, 

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 Office, 6th 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 or RIN for this 

rulemaking. No telefacsimilies (faxes) 

will be accepted. For further 

information on the rulemaking process, 

see section III of this document (Public 

Participation). 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

comments, and other supporting 

documents/materials (search EERE– 

2014–BT–TP–0006). 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: http://www1.eere.energy.gov/

buildings/appliance_standards/

product.aspx/productid/74. This Web 

page contains a link to the docket for 

this document on the 

www.regulations.gov site. The 

www.regulations.gov Web page contains 

instructions on how to access all 

documents, including public comments, 

in the docket. 

FOR FURTHER INFORMATION CONTACT: Mr. 

James Raba, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–8654. Email: 

commercial_packaged_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. Email: 

Eric.Stas@hq.doe.gov. 

For information on how to submit or 

review comments, contact Ms. Brenda 

Edwards, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority and Background 

II. Discussion 

III. Public Participation 

I. Authority and Background 

Title III, Part C1 of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6311– 

6317, as codified), Public Law 95–619, 

Title IV § 441(a), sets forth various 

provisions designed to improve energy 

efficiency for consumer products and 

certain commercial and industrial 

equipment and established the ‘‘Energy 

Conservation Program for Certain 

Industrial Equipment’’ (hereafter 

referred to as ‘‘covered equipment’’).2

The Energy Policy Act of 1992 (EPACT 

1992), Public Law 102–486, amended 

EPCA to add commercial packaged 

boilers as a type of covered equipment. 

(42 U.S.C. 6311(1)) The Energy 


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9644 Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 

3The AEMTCA amendments to EPCA later 

revised the timeframe for this review requirement 

for energy conservation standards to ‘‘[e]very 6 

years.’’ (42 U.S.C. 6313(a)(6)(C)(i)) 

4Thermal efficiency is measured for all types of 

boilers except for oil-fired and gas-fired hot water 

boilers greater than 2,500,000 Btu/h in rated 

capacity, for which combustion efficiency is used. 

Independence and Security Act of 2007 

(EISA 2007), Public Law 110–140, 

further revised EPCA to require that not 

later than six years after issuance of any 

final rule establishing or amending a 

standard,3 the Secretary of Energy must 

publish either a notice of determination 

that the standards for a given type of 

equipment do not need to be amended, 

or a notice of proposed rulemaking 

(NOPR) including new proposed 

standards. (42 U.S.C. 6313(a)(6)(C)(i)) 

Additionally, EPCA (as amended) 

requires DOE to update its test method 

each time the relevant industry test 

procedure is modified (42 U.S.C. 

6314(a)(4)(B)) and to evaluate its test 

procedure for each covered class once 

every seven years (42 U.S.C. 

6314(a)(1)(A)). 

To fulfill these requirements set forth 

in EPCA, DOE has initiated a 

rulemaking to consider amended energy 

conservation standards for commercial 

packaged boilers, and, in parallel, DOE 

will evaluate the commercial packaged 

boilers test procedure found in the Code 

of Federal Regulations (CFR) at 10 CFR 

431.86, Uniform test method for the 

measurement of energy efficiency of 

commercial packaged boilers. DOE 

issued a notice of public meeting and 

availability of the Framework Document 

on August 28, 2013, which was 

published in the Federal Register on 

September 3, 2013. 78 FR 54197. The 

Framework Document explains the 

issues, analyses, and process that DOE 

is considering for the development of 

energy conservation standards. Both in 

the Framework Document and in a 

public meeting held on October 1, 2013, 

DOE solicited public comment 

regarding its approach to the rulemaking 

process and identified particular issues 

for which DOE sought comment. The 

comments received included 

suggestions for the revision of the DOE 

test procedure. 

In support of its test procedure 

rulemaking, DOE conducts in-depth 

technical analyses of publicly-available 

test standards and other relevant 

information. DOE continually seeks data 

and public input to improve its testing 

methodologies to more accurately reflect 

consumer use and to produce repeatable 

results. In general, DOE requests 

information, comment, and supporting 

data about representative and repeatable 

methods for measuring the energy use of 

commercial packaged boilers. In 

particular, DOE seeks comment and 

information about the topics below. 

II. Discussion 

The DOE test procedure for 

commercial packaged boilers, set forth 

at 10 CFR 431.86, incorporates 

Hydronics Institute/Air-Conditioning, 

Heating, and Refrigeration Institute 

Standard BTS–2000 (Rev 06.07), Method 

to Determine Efficiency of Commercial 

Space Heating Boilers. This test 

procedure determines the steady-state 

efficiency of steam or hot water boilers 

operating at full load.4 However, 

through a review of equipment available 

in the market, DOE understands that the 

commercial packaged boiler industry is 

increasingly utilizing modulating 

burners. Modulating burners are capable 

of reducing the fuel input rate to more 

closely match the space heating 

demand. Because the current test 

procedure at 10 CFR 431.86 only 

measures steady-state efficiency at 

maximum firing rate, it does not 

account for differences in efficiency 

when the boiler is operated at lower 

firing rates. Therefore, DOE is 

considering test procedure amendments 

that would adopt part-load test 

conditions and measurements to more 

accurately reflect the efficiency of 

commercial packaged boilers that use 

modulating burner technology. 

In general, DOE requests comment, 

information, and data about adopting 

methodologies and measurements to 

determine part-load efficiency of 

commercial packaged boilers. Further, 

DOE particularly requests comment, 

information, and data about the 

following: 

(1) Should DOE only consider adding 

a measurement of commercial packaged 

boiler efficiency at the minimum fuel 

input ratio in addition to the maximum 

fuel input? If not, then at what fuel 

input ratio(s)—fraction of maximum 

rated capacity—should the efficiency of 

a commercial packaged boiler be 

measured? 

(2) What are the appropriate inlet and 

outlet water temperatures (or the 

appropriate mean temperature and 

temperature difference between the inlet 

and outlet water temperatures (DT)) for 

part-load testing conditions of hot water 

boilers. Should this temperature 

difference (DT) be the same as when 

testing at full capacity? 

(3) How many hours can modulating 

burners be expected or designed to 

operate under part-load and full-load 

conditions, respectively, over the course 

of a year in a typical or average 

installation? 

(4) What benefits and burdens are 

associated with a part-load efficiency 

rating and combining the different 

operating points into a single weighted 

metric? What are potential ways to 

combine them? 

(5) When considering part-load 

operation, how would the measurement 

and inclusion of jacket, sensible, and 

infiltration losses be addressed in an 

annual weighted efficiency metric? 

(6) What, if any, would be the added 

test burden of accounting for part-load 

operation and associated measurement 

of jacket, sensible, and infiltration 

losses? 

DOE understands that current test 

conditions (i.e., temperatures and 

pressures) required under 10 CFR 

431.86 and BTS–2000 may differ from 

typical operating conditions in the field 

and/or the conditions for which a boiler 

was designed. While laboratory testing 

conditions cannot necessarily duplicate 

field performance, they are intended to 

provide a reasonable basis for 

comparison of boiler efficiency and to 

generate repeatable results, while 

approximating actual operating 

conditions to the extent possible. DOE 

understands that testing conditions 

prescribed by BTS–2000 may warrant 

revision. Accordingly, DOE seeks input 

and comment about: 

(1) What are appropriate supply and 

return water temperatures for hot water 

boilers operating at full-load and the 

effect on steady-state efficiency (thermal 

or combustion) of this potential 

revision? 

(2) What is appropriate steam 

pressure for steam boilers operating at 

full-load and the effect on steady-state 

efficiency (thermal or combustion) of 

this potential revision? What are 

concerns, if any, about the impacts on 

the amount of water carry over and the 

system operation? 

(3) What design characteristics of 

boilers currently on the market would 

potentially prohibit testing (short-term 

operation) at the operating conditions 

currently prescribed by 10 CFR 431.86 

and BTS–2000? 

III. Public Participation 

DOE invites all interested parties to 

submit in writing by the date specified 

previously in the DATES section of this 

RFI, comments and information on 

matters addressed in this document and 

on other matters relevant to DOE’s 

consideration of amended test 

procedures for commercial packaged 

boilers. 

DOE considers public participation to 

be a very important part of the process 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 34 / Thursday, February 20, 2014 / Proposed Rules 9645 

1The other banking agencies included the Office 

of the Comptroller of the Currency (OCC); Federal 

Deposit Insurance Corporation (FDIC); Office of 

Thrift Supervision (OTS); and National Credit 

Union Administration (NCUA). The Dodd-Frank 

Wall Street Reform and Consumer Protection Act 

(Dodd-Frank Act) added the Commodity Futures 

Trading Commission (CFTC) and the Securities and 

Exchange Commission (SEC) to the list of agencies 

with rulemaking and enforcement authority under 

the Fair Credit Reporting Act with respect to the 

Red Flags rule. Public Law 111–203, 124 Stat. 1376 

(2010). 

2 72 FR 63718 (Nov. 9, 2007). 

3Public Law 111–319, 124 Stat. 3457 (Dec. 18, 

2010). 

for developing test procedures. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period at each stage of the 

rulemaking process. Interactions with 

and between members of the public 

provide a balanced discussion of the 

issues and assist DOE in the rulemaking 

process. Anyone who wishes to 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 7, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–03299 Filed 2–19–14; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 222 

[Docket No. R–1484] 

RIN 7100 AE14 

Identity Theft Red Flags (Regulation V) 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Notice of proposed rulemaking; 

request for public comment. 

SUMMARY: The Board of Governors of the 

Federal Reserve System (Board) is 

proposing to amend its Identity Theft 

Red Flags rule, which implements 

section 615(e) of the Fair Credit 

Reporting Act (FCRA). The Red Flag 

Program Clarification Act of 2010 

(Clarification Act) added a definition of 

‘‘creditor’’ in FCRA section 615(e) that 

is specific to section 615(e). 

Accordingly, the proposed rule would 

amend the definition of ‘‘creditor’’ in 

the Identity Theft Red Flags rule to 

reflect the definition of that term as 

added by the statute. The proposed rule 

would also update a cross-reference in 

the Identity Theft Red Flags rule to 

reflect a statutory change in rulemaking 

authority. 

DATES: Comments must be received on 

or before April 21, 2014. 

ADDRESSES: You may submit comments, 

identified by Docket No. R–1484, by any 

of the following methods: 

• 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. 

• Email: 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 

edited to remove any identifying or 

contact information. Public comments 

may also be viewed electronically or in 

paper form in Room MP–500 of the 

Board’s Martin Building (20th and C 

Streets NW.) between 9:00 a.m. and 5:00 

p.m. on weekdays. 

FOR FURTHER INFORMATION CONTACT: Kara 

L. Handzlik, Counsel, Legal Division, at 

(202) 452–3852, Board of Governors of 

the Federal Reserve System, 20th and C 

Streets NW., Washington, DC 20551. For 

users of Telecommunications Device for 

the Deaf (TDD) only, contact (202) 263– 

4869. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 9, 2007, the Board, 

along with the other banking agencies 1

and the Federal Trade Commission 

(FTC) (collectively, the ‘‘Agencies’’), 

published final rules and guidelines on 

identity theft ‘‘red flags’’ (‘‘Red Flags 

rule’’) to implement section 615(e) of 

the Fair Credit Reporting Act (FCRA) 

(15 U.S.C. 1681m(e)).2 The final rules 

require each financial institution and 

creditor that holds any consumer 

account, or other account for which 

there is a reasonably foreseeable risk of 

identity theft, to develop and implement 

an identity theft prevention program in 

connection with new and existing 

accounts. The program must include 

reasonable policies and procedures for 

detecting, preventing, and mitigating 

identity theft. The Agencies also issued 

guidelines to assist financial institutions 

and creditors in developing and 

implementing a program, including a 

supplement that provides examples of 

red flags. 

The Red Flags rule, implemented in 

the Board’s Regulation V Subpart J, 

defines the terms ‘‘credit’’ and 

‘‘creditor’’ by cross-reference to FCRA 

section 603(r)(5). 15 U.S.C. 1681a(r)(5). 

Section 603(r)(5) defines the terms 

‘‘credit’’ and ‘‘creditor’’ by crossreference to section 702 of the Equal 

Credit Opportunity Act (ECOA). ECOA 

section 702 defines ‘‘creditor’’ as ‘‘any 

person who regularly extends, renews, 

or continues credit; any person who 

regularly arranges for the extension, 

renewal, or continuation of credit; or 

any assignee of an original creditor who 

participates in the decision to extend, 

renew, or continue credit.’’ 15 U.S.C. 

1691a(e). The ECOA defines ‘‘credit’’ as 

‘‘the right granted by a creditor to a 

debtor to defer payment of debt or to 

incur debts and defer its payment or to 

purchase property or services and defer 

payment therefor.’’ 15 U.S.C. 1691a(d). 

Thus, the FCRA’s red flags provisions 

have been broadly applied to banks, 

finance companies, automobile dealers, 

mortgage brokers, utility companies, 

and telecommunications companies. 12 

CFR 222.90(b)(5). 

The scope of the Board’s Red Flags 

rule is set forth in § 222.90(a), which 

states that the Board’s rule applies to 

financial institutions and creditors that 

are state member banks (other than 

national banks) and their respective 

operating subsidiaries, branches and 

agencies of foreign banks (other than 

federal branches, federal agencies, and 

insured state branches of foreign banks), 

commercial lending companies owned 

or controlled by foreign banks, and 

organizations operating under section 

25 or 25A of the Federal Reserve Act. 

Financial institutions and creditors that 

are not covered by the Board’s rule are 

covered by substantially identical rules 

issued by other federal agencies. 

II. The Red Flag Program Clarification 

Act of 2010 

On December 18, 2010, Congress 

enacted the Red Flag Program 

Clarification Act of 2010 (the 

Clarification Act).3 The Clarification Act 

amended section 615(e) of the FCRA (15 

U.S.C. 1681m(e)) by adding a definition 

of the term ‘‘creditor’’ specific to section 

615(e). The Clarification Act continues 

to define creditor by cross-reference to 


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