6450-01-P DEPARTMENT OF ENERGY 10 CFR Parts 429, 430, and 431 [Docket No. EERE-2011- BT
- TP -0024] RIN: 1904-AC46

Energy Conservation Program: Alternative Efficiency Determination Methods and Alternative Rating Methods: Public Meeting

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of Energy.

ACTION: Notice of public meeting.

SUMMARY: The U.S. Department of Energy (DOE) is holding a public meeting to provide interested parties an opportunity to comment on DOE’s proposed modifications to the regulations authorizing the use of alternative methods of determining energy efficiency or energy consumption of various consumer products and commercial equipment.

DATES: DOE will hold a public meeting on Tuesday, June 5, 2012, from 9:00 a.m. to 4:00 p.m., in Washington, DC. DOE must receive requests to speak at the public meeting before 4:00 p.m., Friday, June 1, 2012. Participants seeking to present statements in person during the meeting must submit to DOE a signed original and an electronic copy of statements to be given at the public meeting before 4:00 p.m., Friday, June 1, 2012. Additionally, DOE plans to conduct the

1public meeting via webinar. Additional details regarding webinar registration will be posted on DOE’s certifica tion and enforcement webpage ( http://www1.eere.energy.gov/buildings/appliance_standards/certification_enforcement.html ).

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. To attend, please notify Ms. Brenda Edwards at (202) 586-2945. Please note that foreign nationals visiting DOE Headquarters are subject to advance security screening procedures. Any foreign national wishing to participate in the public meeting should advise DOE as soon as possible by contacting Ms. Brenda Edwards at (202) 586-2945 to initiate the necessary procedures.

Docket : The docket is available for review at www.regulations.gov . All documents in the docket are listed in the www.regulations.gov index. However, not all documents in the index may be publicly available, such as information that is exempt from public disclosure. A link to the docket web page can be found at www.regulations.gov . The www.regulations.gov web page contains a link to the docket for this notice, along with simple instructions on how to access all documents, including public comments, in the docket.

FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies, EE -2J, 1000 Independence Avenue, SW, Washington, DC 20585-0121. Phone: (202)-586-6590. Email: Ashley.Armstrong@ee.doe.gov or Laura Barhydt, U.S. Department of Energy, Office of

2General Counsel, GC-32, 1000 Independence Avenue, SW, Washington, DC 20585-0121. Phone: (202) 287-5772. Email: Laura.Barhydt@hq.doe.gov

.

SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and Conservation Act of 1975, as amended (“EPCA” or, in context, “the Act”) sets forth a variety of provisions designed to improve energy efficiency. Part A of Title III (42 U.S.C. 6291

– 6309) provides for the Energy Conservation Program for Consumer Products Other Than Automobiles. The National Energy Conservation Policy Act (NECPA), Pub. L. 95-619, amended EPCA to add Part A-1 of Title III, which established an energy conservation program for certain industrial equipment. (42 U.S.C.
6311 –6317) The Department of Energy (“DOE”) is charge d with implementing these provisions.

AEDMs and ARMs are computer modeling or mathematical tools that predict the performance of non-tested basic models. They are derived from mathematical models and engineering principles that govern the energy efficiency and energy consumption characteristics of a type of covered product. (In the context of this discussion, the term “covered product” applies both to consumer products and commercial equipment that are covered under EPCA.) These computer modeling and mathematical tools, when properly developed, can provide a relatively straight-forward and reasonably accurate means to predict the energy usage or efficiency characteristics of a basic model of a given covered product.

3Where authorized by regulation, AEDMs and ARMs enable manufacturers to rate and certify their basic models by using the projected energy use or energy efficiency results derived from these simulation models, reducing the regulatory burden associated with testing.

DOE has issued a Notice of Proposed Rulemaking and is holding this public meeting and webinar to provide interested parties an opportunity to comment on DOE’s proposed modifications to the regulations authorizing the use of alternative methods of determining energy efficiency or energy consumption of various consumer products and commercial equipment. The complete Notice of Proposed Rulemaking is posted on DOE’s certification and enforcement webpage ( http://www1.eere.energy.gov/buildings/appliance_standards/certification_enforcement.html ).
In particular, DOE is interested in receiving comments and views of interested parties concerning the following issues:

1. DOE requests comment on its proposal not to add a pre-approval process for AEDMs and its proposal to no longer require pre-approval for use of an alternative rating method for residential central air conditioners and heat pumps.

2. DOE requests comment on its proposal to expand the use of AEDMs to other commercial products.

3. DOE requests comment on its proposal to require at least one basic model from each product class to be tested to substantiate the AEDM. Specifically, DOE requests comments from manufacturers as to whether additional clarification is needed for manufacturers of certain covered products to determine all the applicable product classes
4that would need to be tested to substantiate the AEDM. As part of these comments, the Department is interested in receiving feedback on how manufacturers currently develop any simulation tools to ensure they are applicable across a wide range of product classes.

4. DOE seeks product specific comments on proposed overall and individual tolerance levels by product type. Specifically, DOE seeks data which show that the variability seen in the manufacturing processes, test instrumentation, and testing procedures are such that a different tolerance should be considered.

5. DOE seeks comment on the criteria for selection of basic models and the number of basic models a manufacturer should be required to test for substantiation as well as whether the differences in testing requirements for distribution transformers are appropriate or
necessary.

6. DOE seeks comment on the appropriate course of action and the time to complete such steps when a model tested by DOE fails to meet its certified rating.

7. DOE requests comment on the proposal to disallow the use of an AEDM if there is evidence that the mis-rating is willful and/or there are multiple instances of non

compliance.

8. DOE requests comment on the necessity of requiring re-substantiation when there is a change in standards or test procedure and requiring that AEDMs be re-substantiated with active models.
Public Participation

5A. Attendance at Public Meeting
The time, date, and location of the public meeting are provided in the DATES and ADDRESSES sections at the beginning of this document. Anyone who wants to attend the public meeting must notify Ms. Brenda Edwards at (202) 586-2945. Foreign nationals visiting DOE headquarters are subject to advance security screening procedures.

B. Procedure for Submitting Requests to Speak
Any person who has an interest in the topics addressed in this 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 at the public meeting. Such persons may hand-deliver requests to speak to the address shown in the ADDRESSES section at the beginning of this notice between 9:00 a.m. and 4:00 p.m., Monday through Friday, except Federal holidays. Requests may also be sent by mail or email to: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, S.W., Washington, DC 20585-0121, or Brenda.Edwards@ee.doe.gov . Persons who wish to speak should include in their request a computer diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) file format that briefly describes the nature of their interest in this rulemaking and the topics they wish to discuss. Such persons should also provide a daytime telephone number where they can be reached.

6DOE requests that those persons who are scheduled to speak submit a copy of their statements at least one week prior to the public meeting. DOE may permit any person who cannot supply an advance copy of this statement to participate, if that person has made alternative arrangements with the Building Technologies Program in advance. When necessary, 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 public meeting will be conducted in an informal, conference style. The meeting will not be a judicial or evidentiary public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). Discussion of proprietary information, costs or prices, market share, or other commercial matters regulated by U.S. anti

trust laws is not permitted.

DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the public meeting. A court reporter will record the proceedings and prepare a transcript.

At the public meeting, DOE will allow time for presentations by participants, and encourage all interested parties to share their views on issues affecting this rulemaking. Each

7participant m ay present a prepared general stateme nt (wi thin time limi t s determine d by DOE)
before the di scussion of specific t opic s. Other participants may comment briefly on any general

state ments. At th e end of the prepared statements on eac h spec i fic topic , participants ma y clarify
their s t atemen t s briefly and com m ent on statements made by ot h ers. Participants sho uld be prepared t o answer questions from DOE and o th er participants. DO E repre se ntatives may a l so ask questions abo ut other maller s rel ev ant to this rulemaking. The official co ndu c tin g the pu blic meeting will accept additional comments or questions from those attendin g, as time pennit s. The presiding official wi ll a nn ounce any further procedural rules o r modification of procedures
needed f o r the proper conduct of the public meeting

.

DOE will m ake the entire record of thi s proposed rulemaking, includin g the transcript
from the publi c meeting , avai l a ble for inspection at the U.S

. Departm ent of Ene r gy, 6t h Floor,
950 L'Enfant Plaza , SW. , Washington, D C 20024, (202) 586-2945, between 9:00 a. m . and 4:00
p.m., Monday through Friday, except Federal ho lid ays. Anyo ne may p ur c h ase a co p y of the

transc ript from the transc ribin g reporter. Additionally , the record for this proposed rulemakin g will be made available at www.regulations.gov.

I ssued in Wash i ngton , DC , on May 24, 2012



### 8 Timothy U nruh Acting Deput y Ass i stan t Secretary of Energy Energy Effic i ency and Renewable Energy