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 

1
 
 

 

 

public meeting via webinar. Additional details regarding webinar registration will be posted on 

DOE’s certification 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 

2
 
 

 

General 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 charged 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. 

3
 
 

Where 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 

4
 
that 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 noncompliance. 

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 

5
 
 

A. 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. 

6
 
 

 

DOE 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. antitrust 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 

7
 
participant may present a prepared general statement (within time limits determined by DOE) 

before the discussion of specific topics. Other participants may comment briefly on any general 

statements. At the end of the prepared statements on each specific topic, participants may clarify 

their statements briefly and comment on statements made by others. Participants should be 

prepared to answer questions from DOE and other participants. DOE representatives may also 

ask questions about other mallers relevant to this rulemaking. The official conducting the public 

meeting will accept additional comments or questions from those attending, as time pennits. The 

presiding official will announce any further procedural rules or modification of procedures 

needed for the proper conduct of the public meeting. 

DOE will make the entire record of this proposed rulemaking, including the transcript 

from the public meeting, available for inspection at the U.S . Department of Energy, 6th Floor, 

950 L'Enfant Plaza, SW., Washington, DC 20024, (202) 586-2945, between 9:00 a.m. and 4:00 

p.m., Monday through Friday, except Federal holidays. Anyone may purchase a copy of the 

transcript from the transcribing reporter. Additionally, the record for this proposed rulemaking 

will be made available at www.regulations.gov. 

Issued in Washington, DC, on May 24, 2012 

8 

Timothy Unruh 

Acting Deputy Assistant Secretary of 

Energy 

Energy Efficiency and Renewable Energy