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

17355 

Vol. 80, No. 62 

Wednesday, April 1, 2015 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2011–BT–STD–0043] 

Appliance Standards and Rulemaking 

Federal Advisory Committee: Notice of 

Intent To Establish the Miscellaneous 

Refrigeration Products Working Group 

To Negotiate a Notice of Proposed 

Rulemaking (NOPR) for Energy 

Conservation Standards 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice of intent; announcement 

of public meetings. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) is 

giving notice that it intends to establish 

a negotiated rulemaking working group 

under the Appliance Standards and 

Rulemaking Federal Advisory 

Committee (ASRAC) in accordance with 

the Federal Advisory Committee Act 

(FACA) and the Negotiated Rulemaking 

Act (NRA) to negotiate proposed Federal 

standards for the energy efficiency 

requirements of miscellaneous 

refrigeration standards. The purpose of 

the working group will be to discuss 

and, if possible, reach consensus on a 

proposed rule for the scope and 

definitions, certain aspects of the test 

procedure, and energy conservation 

standards for miscellaneous 

refrigeration products, as authorized by 

the Energy Policy and Conservation Act 

(EPCA) of 1975, as amended. The 

working group will consist of 

representatives of parties having a 

defined stake in the outcome of the 

proposed standards, and will consult as 

appropriate with a range of experts on 

technical issues. The working group is 

expected to make a concerted effort to 

negotiate a final term sheet within four 

(4) months of its first meeting. At a 

minimum, within four months (4) of its 

first meeting, the working group is 

required to provide a status update to 

ASRAC. An extension of no more than 

two (2) months may be provided given 

formal feedback and recommendation 

from ASRAC members after deliberation 

and discussion surrounding the working 

group’s status update. Lastly, DOE is 

announcing the first Working Group 

session, which is open to the public, on 

Monday, May 4, and Tuesday, May 5. 

DATES: DOE will hold the first meeting 

for the Miscellaneous Refrigeration 

Products Working Group on Monday, 

May 4, and Tuesday, May 5, 2015, from 

9 a.m. to 5 p.m., in Washington, DC. 

Written comments and request to be 

appointed as members of the working 

group are welcome and should be 

submitted by April 15, 2015. 

ADDRESSES: The first Miscellaneous 

Refrigeration Products Working Group 

meeting, which is also open to the 

public, will be held at the U.S. 

Department of Energy, Forrestal 

Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify asrac@ee.doe.gov. Persons 

can attend the public meeting via 

webinar. For more information, refer to 

section V of this document (Public 

Participation). Interested person may 

submit comments, identified by docket 

number EERE–2011–BT–STD–0043 any 

of the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ASRAC@ee.doe.gov. Include 

docket number EERE–2011–BT–STD– 

0043 in the subject line of the message. 

3. 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. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

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. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

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. 

FOR FURTHER INFORMATION CONTACT: 

Joseph Hagerman, U.S. Department of 

Energy, Office of Building Technologies 

(EE–2J), 950 L’Enfant Plaza SW., 

Washington, DC 20024. Phone: 202– 

586–4549. Email: asrac@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Background 

III. Proposed Negotiating Procedures 

IV. Comments Requested 

V. Public Participation 

VI. Approval of the Office of the Secretary 

I. Authority 

This notice of intent, announcing 

DOE’s intent to negotiate a proposed 

rule for the enforcement of regional 

energy conservation standards, was 

developed under the authority of 

sections 563 and 564 of the NRA (5 

U.S.C. 561–570, Pub. L. 104–320). The 

regulation of miscellaneous refrigeration 

products for energy conservation 

standards that DOE is proposing to 

develop under a negotiated rulemaking 

will be developed under the authority of 

EPCA, as amended, 42 U.S.C. 6311(1)(A) 

and 42 U.S.C. 6291 et seq. 

II. Background 

As required by the NRA, DOE is 

giving notice that it is establishing a 

working group under ASRAC to discuss 

scope and definitions of and potentially 

develop proposed energy conservation 

standards for miscellaneous 

refrigeration products. Miscellaneous 

refrigeration equipment is not current a 

covered product under EPCA and there 

currently are no energy conservation 

standards for miscellaneous 

refrigeration products. 

A. Negotiated Rulemaking 

DOE has decided to use the negotiated 

rulemaking process to discuss the scope 

and definitions of and develop proposed 

energy conservation standards for 

miscellaneous refrigeration products. 

The primary reason for using the 

negotiated rulemaking process for this 

product is that stakeholders strongly 

support a consensual rulemaking effort. 

DOE believes such a regulatory 

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17356 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

negotiation process will be less 

adversarial and better suited to 

resolving complex technical issues. An 

important virtue of negotiated 

rulemaking is that it allows expert 

dialog that is much better than 

traditional techniques at getting the 

facts and issues right and will result in 

a proposed rule that will effectively 

reflect Congressional intent. 

A regulatory negotiation will enable 

DOE to engage in direct and sustained 

dialog with informed, interested, and 

affected parties when drafting the 

regulation, rather than obtaining input 

during a public comment period after 

developing and publishing a proposed 

rule. Gaining this early understanding of 

all parties’ perspectives allows DOE to 

address key issues at an earlier stage of 

the process, thereby allowing more time 

for an iterative process to resolve issues. 

A rule drafted by negotiation with 

informed and affected parties is 

expected to be potentially more 

pragmatic and more easily implemented 

than a rule arising from the traditional 

process. Such rulemaking improvement 

is likely to provide the public with the 

full benefits of the rule while 

minimizing the potential negative 

impact of a proposed regulation 

conceived or drafted without the full 

prior input of outside knowledgeable 

parties. Because a negotiating working 

group includes representatives from the 

major stakeholder groups affected by or 

interested in the rule, the number of 

public comments on the proposed rule 

may be decreased. DOE anticipates that 

there will be a need for fewer 

substantive changes to a proposed rule 

developed under a regulatory 

negotiation process prior to the 

publication of a final rule. 

B. The Concept of Negotiated 

Rulemaking 

Usually, DOE develops a proposed 

rulemaking using Department staff and 

consultant resources. Congress noted in 

the NRA, however, that regulatory 

development may ‘‘discourage the 

affected parties from meeting and 

communicating with each other, and 

may cause parties with different 

interests to assume conflicting and 

antagonistic positions * * *.’’ 5 U.S.C. 

561(2)(2). Congress also stated that 

‘‘adversarial rulemaking deprives the 

affected parties and the public of the 

benefits of face-to-face negotiations and 

cooperation in developing and reaching 

agreement on a rule. It also deprives 

them of the benefits of shared 

information, knowledge, expertise, and 

technical abilities possessed by the 

affected parties.’’ 5 U.S.C. 561(2)(3). 

Using negotiated rulemaking to 

develop a proposed rule differs 

fundamentally from the Department 

centered process. In negotiated 

rulemaking, a proposed rule is 

developed by an advisory committee or 

working group, chartered under FACA, 

5 U.S.C. App. 2, composed of members 

chosen to represent the various interests 

that will be significantly affected by the 

rule. The goal of the advisory committee 

or working group is to reach consensus 

on the treatment of the major issues 

involved with the rule. The process 

starts with the Department’s careful 

identification of all interests potentially 

affected by the rulemaking under 

consideration. To help with this 

identification, the Department publishes 

a notice of intent such as this one in the 

Federal Register, identifying a 

preliminary list of interested parties and 

requesting public comment on that list. 

Following receipt of comments, the 

Department establishes an advisory 

committee or working group 

representing the full range of 

stakeholders to negotiate a consensus on 

the terms of a proposed rule. 

Representation on the advisory 

committee or working group may be 

direct; that is, each member may 

represent a specific interest, or may be 

indirect, such as through trade 

associations and/or similarly-situated 

parties with common interests. The 

Department is a member of the advisory 

committee or working group and 

represents the Federal government’s 

interests. The advisory committee or 

working group chair is assisted by a 

neutral mediator who facilitates the 

negotiation process. The role of the 

mediator, also called a facilitator, is to 

apply proven consensus-building 

techniques to the advisory committee or 

working group process. 

After an advisory committee or 

working group reaches consensus on the 

provisions of a proposed rule, the 

Department, consistent with its legal 

obligations, uses such consensus as the 

basis of its proposed rule, which then is 

published in the Federal Register. This 

publication provides the required public 

notice and provides for a public 

comment period. Other participants and 

other interested parties retain their 

rights to comment, participate in an 

informal hearing (if requested), and 

request judicial review. DOE 

anticipates, however, that the preproposal consensus agreed upon by the 

advisory committee or working group 

will narrow any issues in the 

subsequent rulemaking. 

C. Proposed Rulemaking for Energy 

Conservation Standards Regarding 

Miscellaneous Refrigeration Products 

The NRA enables DOE to establish an 

advisory committee or working group if 

it is determined that the use of the 

negotiated rulemaking process is in the 

public interest. DOE intends to develop 

Federal regulations that build on the 

depth of experience accrued in both the 

public and private sectors in 

implementing standards and programs. 

DOE has determined that the 

regulatory negotiation process will 

provide for obtaining a diverse array of 

in-depth input, as well as an 

opportunity for increased collaborative 

discussion from both private-sector 

stakeholders and government officials 

who are familiar with energy efficiency 

of miscellaneous refrigeration products. 

D. Department Commitment 

In initiating this regulatory 

negotiation process to develop energy 

conservation standards for 

miscellaneous refrigeration products, 

DOE is making a commitment to 

provide adequate resources to facilitate 

timely and successful completion of the 

process. This commitment includes 

making the process a priority activity for 

all representatives, components, 

officials, and personnel of the 

Department who need to be involved in 

the rulemaking, from the time of 

initiation until such time as a final rule 

is issued or the process is expressly 

terminated. DOE will provide 

administrative support for the process 

and will take steps to ensure that the 

advisory committee or working group 

has the dedicated resources it requires 

to complete its work in a timely fashion. 

Specifically, DOE will make available 

the following support services: Properly 

equipped space adequate for public 

meetings and caucuses; logistical 

support; word processing and 

distribution of background information; 

the service of a facilitator; and such 

additional research and other technical 

assistance as may be necessary. 

To the maximum extent possible 

consistent with the legal obligations of 

the Department, DOE will use the 

consensus of the advisory committee or 

working group as the basis for the rule 

the Department proposes for public 

notice and comment. 

E. Negotiating Consensus 

As discussed above, the negotiated 

rulemaking process differs 

fundamentally from the usual process 

for developing a proposed rule. 

Negotiation enables interested and 

affected parties to discuss various 

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Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 17357 

approaches to issues rather than asking 

them only to respond to a proposal 

developed by the Department. The 

negotiation process involves a mutual 

education of the various parties on the 

practical concerns about the impact of 

standards. Each advisory committee or 

working group member participates in 

resolving the interests and concerns of 

other members, rather than leaving it up 

to DOE to evaluate and incorporate 

different points of view. 

A key principle of negotiated 

rulemaking is that agreement is by 

consensus of all the interests. Thus, no 

one interest or group of interests is able 

to control the process. The NRA defines 

consensus as the unanimous 

concurrence among interests 

represented on a negotiated rulemaking 

committee or working group, unless the 

committee or working group itself 

unanimously agrees to use a different 

definition. 5 U.S.C. 562. In addition, 

experience has demonstrated that using 

a trained mediator to facilitate this 

process will assist all parties, including 

DOE, in identifying their real interests 

in the rule, and thus will enable parties 

to focus on and resolve the important 

issues. 

III. Proposed Negotiating Procedures 

A. Key Issues for Negotiation 

The following issues and concerns 

will underlie the work of the Negotiated 

Rulemaking Committee for 

Miscellaneous Refrigeration Products: 

• Definitions, including scope of 

coverage; 

• Certain aspect of the test procedure, 

including key test procedure conditions, 

as applicable; and 

• Proposed energy conservation 

standards for miscellaneous 

refrigeration products. 

To examine the underlying issues 

outlined above, and others not yet 

articulated, all parties in the negotiation 

will need DOE to provide data and an 

analytic framework complete and 

accurate enough to support their 

deliberations. DOE’s analyses must be 

adequate to inform a prospective 

negotiation—for example, a preliminary 

Technical Support Document or 

equivalent must be available and timely. 

B. Formation of Working Group 

A working group will be formed and 

operated in full compliance with the 

requirements of FACA and in a manner 

consistent with the requirements of the 

NRA. DOE has determined that the 

working group not exceed 25 members. 

The Department believes that more than 

25 members would make it difficult to 

conduct effective negotiations. DOE is 

aware that there are many more 

potential participants than there are 

membership slots on the working group. 

The Department does not believe, nor 

does the NRA contemplate, that each 

potentially affected group must 

participate directly in the negotiations; 

nevertheless, each affected interest can 

be adequately represented. To have a 

successful negotiation, it is important 

for interested parties to identify and 

form coalitions that adequately 

represent significantly affected interests. 

To provide adequate representation, 

those coalitions must agree to support, 

both financially and technically, a 

member of the working group whom 

they choose to represent their interests. 

DOE recognizes that when it 

considers adding covered products and 

establishing energy efficiency standards 

for residential products and commercial 

equipment, various segments of society 

may be affected in different ways, in 

some cases producing unique 

‘‘interests’’ in a proposed rule based on 

income, gender, or other factors. The 

Department will pay attention to 

providing that any unique interests that 

have been identified, and that may be 

significantly affected by the proposed 

rule, are represented. 

FACA also requires that members of 

the public have the opportunity to 

attend meetings of the full committee 

and speak or otherwise address the 

committee during the public comment 

period. In addition, any member of the 

public is permitted to file a written 

statement with the advisory committee. 

DOE plans to follow these same 

procedures in conducting meetings of 

the working group. 

C. Interests Involved/Working Group 

Membership 

DOE anticipates that the working 

group will comprise no more than 25 

members who represent affected and 

interested stakeholder groups, at least 

one of whom must be a member of the 

ASRAC. As required by FACA, the 

Department will conduct the negotiated 

rulemaking with particular attention to 

ensuring full and balanced 

representation of those interests that 

may be significantly affected by the 

proposed rule governing rules of 

miscellaneous refrigeration energy 

conservation standards. Section 562 of 

the NRA defines the term interest as 

‘‘with respect to an issue or matter, 

multiple parties which have a similar 

point of view or which are likely to be 

affected in a similar manner.’’ Listed 

below are parties the Department to date 

has identified as being ‘‘significantly 

affected’’ by a proposed rule regarding 

the energy efficiency of miscellaneous 

refrigeration. 

• The Department of Energy 

• Trade Associations representing 

manufacturers of miscellaneous 

refrigeration products 

• Manufacturers of miscellaneous 

refrigeration products and component 

manufacturers and related suppliers 

• Utilities 

• Energy efficiency/environmental 

advocacy groups 

• Consumers 

One purpose of this notice of intent is 

to determine whether Federal 

regulations regarding miscellaneous 

refrigeration products will significantly 

affect interests that are not listed above. 

DOE invites comment and suggestions 

on its initial list of significantly affected 

interests. 

Members may be individuals or 

organizations. If the effort is to be 

fruitful, participants on the working 

group should be able to fully and 

adequately represent the viewpoints of 

their respective interests. This 

document gives notice of DOE’s process 

to other potential participants and 

affords them the opportunity to request 

representation in the negotiations. 

Those who wish to be appointed as 

members of the working group, should 

submit a request to DOE, in accordance 

with the public participation procedures 

outlined in the DATES and ADDRESSES

sections of this notice of intent. 

Membership of the working group is 

likely to involve: 

• Attendance at approximately four 

(4), one (1) to two (2) day meetings (with 

the potentially for two (2) additional 

one (1) or two (2) day meetings); 

• Travel costs to those meetings; and 

• Preparation time for those meetings. 

Members serving on the working 

group will not receive compensation for 

their services. Interested parties who are 

not selected for membership on the 

working group may make valuable 

contributions to this negotiated 

rulemaking effort in any of the following 

ways: 

• The person may request to be 

placed on the working group mailing 

list and submit written comments as 

appropriate. 

• The person may attend working 

group meetings, which are open to the 

public; caucus with his or her interest’s 

member on the working group; or even 

address the working group during the 

public comment portion of the working 

group meeting. 

• The person could assist the efforts 

of a workgroup that the working group 

might establish. 

A working group may establish 

informal workgroups, which usually are 

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17358 Federal Register / Vol. 80, No. 62 / Wednesday, April 1, 2015 / Proposed Rules 

asked to facilitate committee 

deliberations by assisting with various 

technical matters (e.g., researching or 

preparing summaries of the technical 

literature or comments on specific 

matters such as economic issues). 

Workgroups also might assist in 

estimating costs or drafting regulatory 

text on issues associated with the 

analysis of the costs and benefits 

addressed, or formulating drafts of the 

various provisions and their 

justifications as previously developed 

by the working group. Given their 

support function, workgroups usually 

consist of participants who have 

expertise or particular interest in the 

technical matter(s) being studied. 

Because it recognizes the importance of 

this support work for the working 

group, DOE will provide appropriate 

technical expertise for such workgroups. 

D. Good Faith Negotiation 

Every working group member must be 

willing to negotiate in good faith and 

have the authority, granted by his or her 

constituency, to do so. The first step is 

to ensure that each member has good 

communications with his or her 

constituencies. An intra-interest 

network of communication should be 

established to bring information from 

the support organization to the member 

at the table, and to take information 

from the table back to the support 

organization. Second, each organization 

or coalition therefore should designate 

as its representative a person having the 

credibility and authority to ensure that 

needed information is provided and 

decisions are made in a timely fashion. 

Negotiated rulemaking can require the 

appointed members to give a significant 

sustained for as long as the duration of 

the negotiated rulemaking. Other 

qualities of members that can be helpful 

are negotiating experience and skills, 

and sufficient technical knowledge to 

participate in substantive negotiations. 

Certain concepts are central to 

negotiating in good faith. One is the 

willingness to bring all issues to the 

bargaining table in an attempt to reach 

a consensus, as opposed to keeping key 

issues in reserve. The second is a 

willingness to keep the issues at the 

table and not take them to other forums. 

Finally, good faith includes a 

willingness to move away from some of 

the positions often taken in a more 

traditional rulemaking process, and 

instead explore openly with other 

parties all ideas that may emerge from 

the working group’s discussions. 

E. Facilitator 

The facilitator will act as a neutral in 

the substantive development of the 

proposed standard. Rather, the 

facilitator’s role generally includes: 

• Impartially assisting the members of 

the working group in conducting 

discussions and negotiations; and 

• Impartially assisting in performing 

the duties of the Designated Federal 

Official under FACA. 

F. Department Representative 

The DOE representative will be a full 

and active participant in the consensus 

building negotiations. The Department’s 

representative will meet regularly with 

senior Department officials, briefing 

them on the negotiations and receiving 

their suggestions and advice so that he 

or she can effectively represent the 

Department’s views regarding the issues 

before the working group. DOE’s 

representative also will ensure that the 

entire spectrum of governmental 

interests affected by the standards 

rulemaking, including the Office of 

Management and Budget, the Attorney 

General, and other Departmental offices, 

are kept informed of the negotiations 

and encouraged to make their concerns 

known in a timely fashion. 

G. Working Group and Schedule 

After evaluating the comments 

submitted in response to this notice of 

intent and the requests for nominations, 

DOE will either inform the members of 

the working group that they have been 

selected or determine that conducting a 

negotiated rulemaking is inappropriate. 

The working group is expected to 

make a concerted effort to negotiate a 

final term sheet within four (4) months 

of its first meeting. At a minimum, 

within four months (4) of its first 

meeting, the working group is required 

to provide a status update to ASRAC. 

An extension of no more than two (2) 

months may be provided given formal 

feedback and recommendation from 

ASRAC members after deliberation and 

discussion surrounding the working 

group’s status update. 

DOE will advise working group 

members of administrative matters 

related to the functions of the working 

group before beginning. DOE will 

establish a meeting schedule based on 

the settlement agreement and produce 

the necessary documents so as to adhere 

to that schedule. While the negotiated 

rulemaking process is underway, DOE is 

committed to performing much of the 

same analysis as it would during a 

normal standards rulemaking process 

and to providing information and 

technical support to the working group. 

IV. Comments Requested 

DOE requests comments on which 

parties should be included in a 

negotiated rulemaking to develop draft 

language pertaining to the energy 

efficiency of miscellaneous refrigeration 

and suggestions of additional interests 

and/or stakeholders that should be 

represented on the working group. All 

who wish to participate as members of 

the working group should submit a 

request for nomination to DOE. 

V. Public Participation 

Attendance at the Public Meeting 

The time, date, and location of the 

public meeting are listed in the DATES

and ADDRESSES sections. If you plan to 

attend the public meeting, please notify 

asrac@doe.gov. 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 as soon as 

possible by contacting 

regina.washington@ee.doe.gov so that 

the necessary procedures can be 

completed. Please also note that those 

wishing to bring laptops into the 

Forrestal Building will be required to 

obtain a property pass. Visitors should 

avoid bringing laptops, or allow an extra 

45 minutes. 

In addition, you can attend the public 

meeting via webinar. Webinar 

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/

rulemaking.aspx?ruleid=71. Participants 

are responsible for ensuring their 

systems are compatible with the 

webinar software. 

Conduct of the Public Meeting 

DOE will designate a DOE official to 

preside at the public meeting and may 

also use 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 be 

present to 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 

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received before the public meeting, 

allow time for prepared general 

statements by participants, and 

encourage all interested parties to share 

their views on issues affecting this 

rulemaking. Each participant will be 

allowed to make a general statement 

(within time limits determined by DOE), 

before the discussion of specific topics. 

DOE will allow, as time permits, other 

participants to comment briefly on any 

general statements. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s notice of intent. 

Issued in Washington, DC, on March 26, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy. 

[FR Doc. 2015–07469 Filed 3–31–15; 8:45 am] 

BILLING CODE CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[EERE–2013–BT–STD–0006] 

Appliance Standards and Rulemaking 

Federal Advisory Committee: Notice of 

Intent To Establish the Fans and 

Blowers Working Group To Negotiate a 

Notice of Proposed Rulemaking 

(NOPR) for Energy Conservation 

Standards 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice of intent and 

announcement of public meetings. 

SUMMARY: The U.S. Department of 

Energy (DOE or the Department) is 

giving notice that it intends to establish 

a negotiated rulemaking working group 

under the Appliance Standards and 

Rulemaking Federal Advisory 

Committee (ASRAC) in accordance with 

the Federal Advisory Committee Act 

(FACA) and the Negotiated Rulemaking 

Act (NRA) to negotiate proposed 

definitions, certain aspects of a 

proposed test procedure (if applicable), 

and proposed energy conservation 

standards for fans and blowers. The 

purpose of the working group will be to 

discuss and, if possible, reach 

consensus on the scope of the 

rulemaking, certain key aspects of a 

proposed test procedure, and proposed 

energy conservation standard for fans 

and blowers, as authorized by the 

Energy Policy and Conservation Act 

(EPCA) of 1975, as amended. As part of 

its negotiations, the working group will 

consider scope of coverage and system 

interaction impacts of potential 

standards for fans and blowers. The 

working group will consist of 

representatives of parties having a 

defined stake in the outcome of the 

regulations, including the proposed 

standards, and will consult as 

appropriate with a range of experts on 

technical issues. The working group is 

expected to make a concerted effort to 

negotiate a final term sheet within three 

(3) months of its first meeting. At the 

completion of negotiation, the term 

sheet will be presented to ASRAC at an 

open meeting for their deliberation and 

decision on whether or not to pass it on 

as a formal recommendation to DOE. 

Lastly, DOE is announcing the first 

Working Group session, which is open 

to the public, on Wednesday, May 6, 

and Thursday, May 7, 2015. 

DATES: DOE will hold the first meeting 

for the Fans and Blowers Working 

Group on Wednesday, May 6, and 

Thursday, May 7, 2015, from 9 a.m. to 

5 p.m., in Washington, DC. Written 

comments and request to be appointed 

as members of the working group are 

welcome and should be submitted by 

April 15, 2015. 

ADDRESSES: The first Fans and Blowers 

Working Group meeting, which is also 

open to the public, will be held at the 

U.S. Department of Energy, Forrestal 

Building, Room 8E–089, 1000 

Independence Avenue SW., 

Washington, DC 20585. To attend, 

please notify asrac@ee.doe.gov. Persons 

can attend the public meeting via 

webinar. For more information, refer to 

section V of this document (Public 

Participation). 

Interested person may submit 

comments, identified by docket number 

EERE–2013–BT–STD–0006 by any of 

the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ASRAC@ee.doe.gov. Include 

docket number EERE–2013–BT–STD– 

0006 in the subject line of the message. 

3. 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. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

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. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

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. 

FOR FURTHER INFORMATION CONTACT: 

Ashley Armstrong, U.S. Department of 

Energy, Office of Building Technologies 

(EE–5B), 950 L’Enfant Plaza SW., 

Washington, DC 20024. Phone: 202– 

586–6590. Email: asrac@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Background 

III. Proposed Negotiating Procedures 

IV. Comments Requested 

V. Public Participation 

VI. Approval of the Office of the Secretary 

I. Authority 

This notice of intent, announcing 

DOE’s intent to negotiate a proposed 

rule for fans and blowers energy 

conservation standards, was developed 

under the authority of sections 563 and 

564 of the NRA (5 U.S.C. 561–570, Pub. 

L. 104–320). The regulation of fans and 

blowers for energy conservation 

standards that DOE is proposing to 

develop under a negotiated rulemaking 

will be developed under the authority of 

EPCA, as amended, 42 U.S.C. 6311(1)(A) 

and 42 U.S.C. 6291 et seq. 

II. Background 

As required by the NRA, DOE is 

giving notice that it is establishing a 

working group under ASRAC to develop 

proposed energy conservation 

standards, including the applicability of 

those standards for various categories of 

fans and blower currently found on the 

market. EPCA, as amended, directs DOE 

to adopt energy conservation standards 

for fans and blowers for which 

standards would be technologically 

feasible and economically justified, and 

would result in significant energy 

savings. There currently are no Federal 

energy conservation standards for fans 

and blowers. 

A. Negotiated Rulemaking 

DOE has decided to use the negotiated 

rulemaking process to develop proposed 

energy conservation standards for fans 

and blowers. Under EPCA, Congress 

mandated that DOE develop regulations 

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