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40530 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 


in the levels of production necessary for 

Board membership for each unit. 

Section 1220.201(d) of the Order 

provides that at the end of each 3-year 

period, the Secretary must review the 

volume of production of each unit and 

adjust the boundaries of any unit and 

the number of Board members from 

each such unit as necessary to conform 

with the criteria set forth in 

§ 1220.201(e): (1) To the extent 

practicable, States with annual average 

soybean production of less than 

3,000,000 bushels shall be grouped into 

geographically contiguous units, each of 

which has a combined production level 

equal to or greater than 3,000,000 

bushels, and each such group shall be 

entitled to at least one member on the 

Board; (2) units with at least 3,000,000 

bushels, but fewer than 15,000,000 

bushels shall be entitled to one board 

member; (3) units with 15,000,000 

bushels or more but fewer than 

70,000,000 bushels shall be entitled to 

two Board members; (4) units with 

70,000,000 bushels or more but fewer 

than 200,000,000 bushels shall be 

entitled to three Board members; and (5) 

units with 200,000,000 bushels or more 

shall be entitled to four Board members. 

The Board was last reapportioned in 

2009. The total Board membership 

increased from 68 to 69 members, with 

Ohio gaining one additional member. 

This change was effective with the 2010 

appointments. 

Currently, the Board has 69 members 

representing 30 geographical units. This 

membership is based on average 

production levels for the years 2001– 

2005 (excluding crops in years that 

production was the highest and that 

production was the lowest) as reported 

by USDA’s National Agricultural 

Statistics Service (NASS). 

This proposed rule would increase 

total membership on the Board from 69 

to 70. Production data for years 2007– 

2011 (excluding the crops in years in 

which production was the highest and 

in which production was the lowest) 

was gathered from NASS. This change 

would not affect the number of 

geographical units. 

This proposed rule would adjust 

representation on the Board as follows: 

State Current 

representation 

Proposed 

representation 

Mississippi .................................................................................................................................................... 2 3 

Unit 

Michigan ...................................
 

North Dakota ............................
 

Mississippi ................................
 

Louisiana ..................................
 

Tennessee ................................
 

North Carolina ..........................
 

Kentucky ...................................
 

Pennsylvania ............................
 

Virginia ......................................
 

Maryland ...................................
 

Wisconsin .................................
 

Georgia .....................................
 

South Carolina ..........................
 

Alabama ....................................
 

Delaware ...................................
 

Texas ........................................
 

Oklahoma .................................
 

New York ..................................
 

Eastern Region (Florida, Massachusetts, New Jersey Connecticut, Florida, Rhode Island, Vermont, New Hampshire, Maine, West Virginia, 

District of Columbia, and 

Puerto Rico ........................... 

Western Region (Montana, Wyoming, Colorado, New Mexico, Idaho, Utah, Arizona, 

Washington, Oregon, Nevada, California, Hawaii, and 

Alaska) .................................. 

* * * * * 

Dated: July 3, 2012. 

David R. Shipman, 

Number of 

members 

3 

3 

3 

2 

2 

2 

2 

2 

2 

2 

2 

1 

1 

1 

1 

1 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2010–BT–STD–0011] 

RIN 1904–AC22 

Energy Conservation Standards for 

Residential Furnace Fans: 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. 

1 	 SUMMARY: The U.S. Department of 1 	 Energy (DOE) will hold a public meeting 

to discuss and receive comments on the 

product classes that DOE plans to 

analyze for purposes of establishing 

energy conservation standards for 

residential furnace fans; the analytical 

1 	 framework, models, and tools that DOE 

is using to evaluate potential standards 

for these products; the results of 

preliminary analyses performed by DOE 

for these products; the potential energy 

conservation standard levels derived 1 	 from these analyses that DOE could 

consider for these products; and any 

other issues relevant to the development 

of energy conservation standards for 

residential furnace fans. In addition, 

Administrator, Agricultural Marketing DOE encourages written comments on

Service. these subjects. To inform interested

parties and to facilitate this process, [FR Doc. 2012–16703 Filed 7–9–12; 8:45 am] DOE has prepared an agenda, a BILLING CODE 3410–02–P preliminary technical support document 

Board adjustments as proposed by 

this rulemaking would become effective, 

if adopted, with the 2013 appointment 

process. 

List of Subjects in 7 CFR 1220 

Administrative practice and 

procedure, Advertising, Agricultural 

research, Marketing agreements, 

Soybeans and soybean products, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, it is proposed that Title 7, 

part 1220 be amended as follows: 

PART 1220—SOYBEAN PROMOTION, 

RESEARCH, AND CONSUMER 

INFORMATION 

1. The authority citation for 7 CFR 

part 1220 continues to read as follows: 

Authority: 7 U.S.C. 6301–6311 and 7 

U.S.C. 7401. 

2. In § 1220.201, the table 

immediately following paragraph (a) is 

revised to read as follows: 

§ 1220.201 Membership of board. 

* * * * * 

Unit 

Illinois ........................................ 4 

Iowa .......................................... 4 

Minnesota ................................. 4 

Indiana ...................................... 4 

Nebraska .................................. 4 

Ohio .......................................... 4 

Missouri .................................... 3 

Arkansas ................................... 3 

South Dakota ............................ 3 

Kansas ...................................... 3 

Number of 

members 

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Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 40531 


(preliminary TSD), and briefing 

materials, which are available on the 

DOE Web site. 

DATES: DOE will hold a public meeting 

on July 27, 2012, from 9 a.m. to 4 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 September 10, 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, 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 at 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. DOE 

requires visitors to have laptops and 

other devices, such as tablets, checked 

upon entry into the building. Please 

report to the visitor’s desk to have 

devices checked before proceeding 

through security. 

As noted above, DOE has prepared an 

agenda, a preliminary TSD, and briefing 

materials, which are available at: 

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

appliance_standards/residential/ 

furnace_fans.html. 

Interested persons may submit 

comments, identified by docket number 

EERE–2010–BT–STD–0011 and/or 

Regulation Identification Number (RIN) 

1904–AC22, by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: FurnFans-2010-STD0011@ee.doe.gov. Include the docket 

number EERE–2010–BT–STD–0011 

and/or RIN 1904–AC22 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 Residential Furnace 

Fans, EERE–2010–BT–STD–0011, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone (202) 586–2945. 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, 950 

L’Enfant Plaza SW., 6th Floor, 

Washington, DC 20024. Telephone (202) 

586–2945. If possible, please submit all 

items on CD, in which case 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 

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. The www.regulations.gov 

Web page contains instructions on how 

to access all documents in the docket, 

including public comments. 

The rulemaking Web page can be 

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

buildings/appliance_standards/ 

residential/furnace_fans.html. This Web 

page contains a link to the docket for 

this notice at www.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. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Mohammed Khan, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2192. Email: 

Mohammed.Khan@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 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: 

Table of Contents 

I. Authority 

II. History of Energy Conservation Standards 

Rulemaking for Residential Furnace Fans 

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. Authority 

Title III, Part B 1 of the Energy Policy 

and Conservation Act of 1975, as 

amended, (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.2 These include products 

that use electricity for the purposes of 

circulating air through duct work, 

hereinafter referred to as ‘‘residential 

furnace fans’’ or simply ‘‘furnace fans,’’ 

the subject of today’s notice. (42 U.S.C. 

6295(f)(4)(D)) 

Pursuant to EPCA, DOE’s energy 

conservation program for covered 

products 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 residential 

furnace fans. EPCA requires DOE to 

consider and establish energy 

conservation standards for residential 

furnace fans by December 31, 2013. (42 

U.S.C. 6295(f)(4)(D)) 

EPCA provides criteria for prescribing 

new energy conservation standards for 

residential furnace fans. More 

specifically, DOE is required to consider 

standards for these products that: (1) 

Achieve the maximum improvement in 

energy efficiency that is technologically 

feasible and economically justified; and 

1 For editorial reasons, upon codification in the 

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

2 All references to EPCA in this rulemaking refer 

to the statute as amended through the Energy 

Independence and Security Act of 2007, Public Law 

110–140. 

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40532 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 


(2) result in significant conservation of 

energy. (42 U.S.C. 6295(o)(2)(A) and 

(o)(3)(B)) To determine whether a 

candidate standard is economically 

justified, DOE will, after receiving 

comments on the candidate 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 products 

subject to the standard; 

2. The savings in operating costs 

throughout the estimated average life of the 

covered products in the type (or class) 

compared to any increase in the price, initial 

charges, or maintenance expenses for the 

covered products which are likely to result 

from the standard; 

3. The total projected amount of energy 

savings likely to result directly from the 

standard; 

4. Any lessening of the utility or the 

performance of the covered products likely to 

result from 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 standard; 

6. The need for national energy 

conservation; and 

7. Other factors the Secretary of Energy 

considers relevant. 

(42 U.S.C. 6295(o)(2)(B)(i)) 

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 in 

any covered product type (or class) 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)) 

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 is publishing 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 is 

announcing a public meeting to solicit 

feedback from interested parties on its 

analytical framework, models, and 

preliminary results. 

II. History of Energy Conservation 

Standards Rulemaking for Residential 

Furnace Fans 

A. Background 

There are no current energy 

conservation standards for residential 

furnace fans. EPCA, as amended by the 

Energy Policy Act of 2005 (EPACT 

2005), provided DOE authority to 

consider and prescribe new energy 

conservation standards for electricity 

used for purposes of circulating air 

through duct work by December 31, 

2013. (42 U.S.C. 6295(f)(4)(D)) DOE 

interprets this statutory language as 

allowing DOE to cover the electricity 

used by any electrically-powered device 

used in residential central heating, 

ventilation, and air-conditioning 

(HVAC) systems for the purpose of 

circulating air through duct work. 

B. Current Rulemaking Process 

In initiating this rulemaking, DOE 

prepared a Framework Document, 

‘‘Rulemaking Framework for Furnace 

Fans,’’ which describes the procedural 

and analytical approaches DOE 

anticipates using to evaluate energy 

conservation standards for residential 

furnace fans. 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 31323 (June 3, 2010). The 

Framework Document is available at: 

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

appliance_standards/residential/pdfs/ 

furnace_fan_framework_only_06-4-

10v3.pdf. 

DOE held a public meeting on June 

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 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) product 

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 below 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 residential furnace fans 

covered in this rulemaking, DOE 

conducted in-depth technical analyses 

in the following areas: (1) Engineering; 

(2) markups to determine product 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/residential/ 

furnace_fans.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 has identified the methods 

to be used for the LCC subgroup 

analysis, the emissions analysis, the 

employment impact 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 product 

efficiency levels that DOE is evaluating 

as potential 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 products, which is the starting 

point for analyzing technologies that 

provide energy efficiency 

improvements. ‘‘Baseline product’’ 

refers to a model or models having 

features and technologies typically 

found in minimally-efficient products 

currently available on the market. After 

identifying the baseline models, DOE 

estimated manufacturer selling prices by 

using a consistent methodology and 

pricing scheme that includes material 

costs and manufacturer markups. DOE 

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used these inputs to develop 

manufacturer selling prices for the 

baseline and more-efficient designs. 

Later, in the markups analysis to 

determine the installed price, 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 

products based on manufacturer 

markups, distributor markups, 

contractor markups, and sales taxes. In 

deriving these markups, DOE 

determined the major distribution 

channels for product sales, the markup 

associated with each party in each 

distribution channel, and the existence 

and magnitude of differences between 

markups for baseline products (baseline 

markups) and higher-efficiency 

products (incremental markups). DOE 

calculates both overall baseline and 

overall incremental markups based on 

the product 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. 

C. Energy Use Analysis 

DOE carries out the energy use 

analysis to estimate the energy 

consumption of the residential furnace 

fans installed in the field. 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 furnace fan 

to the customer over the life of the 

product. The LCC analysis compares the 

LCCs of products designed to meet 

possible energy conservation standards 

with the LCCs of the product 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 product (energy 

cost, water and wastewater cost, and 

maintenance and repair cost); (3) 

product 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 

products through savings in the 

operating cost of the product. PBP is 

calculated by dividing the incremental 

increase in installed cost of the higher 

efficiency product, compared to 

baseline product, 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 

residential furnace fans 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 2018–2047. The 

analysis period is 30 years long, which 

is consistent with other rulemakings 

and sufficiently long to cover the 

expected life of the product. The 

analysis period begins in 2018, the 

expected year of compliance with the 

new standard. 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, product 

retirement rates (based on estimated 

product lifetimes), product installed 

costs and operating costs, product 

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 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 new energy 

conservation standards will contain the 

final analytical 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. Once again, a copy of the 

preliminary TSD is available at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/residential/ 

furnace_fans.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 these products 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 September 10, 

2012 comments and information on 

matters addressed in the preliminary 

TSD and on other matters relevant to 

consideration of energy conservation 

standards for residential furnace fans. 

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 products 

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: 

https://www1.gotomeeting.com/register/ 

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40534 Federal Register / Vol. 77, No. 132 / Tuesday, July 10, 2012 / Proposed Rules 


914344761. 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 rulemaking. DOE must receive 

requests to speak at the meeting before 

4 p.m., July 23, 2012. DOE must receive 

a signed original and an electronic copy 

of statements to be given at the public 

meeting before 4 p.m., July 23, 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 

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 posted on the DOE Web site and will 

also 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 this 

rulemaking 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–0011 and/or RIN 1904–AC22 and, 

wherever possible, carry the electronic 

signature of the author. No 

telefacsimiles (faxes) will be accepted. 

Pursuant 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 June 28, 

2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–16816 Filed 7–9–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

19 CFR Part 351 

[Docket No. 120411407–2407–01] 

RIN 0625–AA91 

Modification of Regulations Regarding 

the Definition of Factual Information 

and Time Limits for Submission of 

Factual Information 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: The Department of Commerce 

(the Department) proposes to modify its 

regulations which define ‘‘factual 

information’’ and establish time limits 

for the submission of factual 

information in antidumping (AD) and 

countervailing duty (CVD) proceedings. 

The modifications to the definition of