[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Proposed Rules]
[Pages 60152-60153]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18850]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / 
Proposed Rules

[[Page 60152]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2019-BT-STD-0036]
RIN 1904-AE82


Energy Conservation Program: Energy Conservation Standards for 
Consumer Boilers

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

ACTION: Notification of public meeting and webinar.

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SUMMARY: The Energy Policy and Conservation Act, as amended (EPCA), 
prescribes energy conservation standards for various consumer products 
and certain commercial and industrial equipment, including consumer 
boilers. DOE previously proposed amended energy conservation standards 
for consumer boilers in a notice of proposed rulemaking (NOPR) 
published in the Federal Register on August 14, 2023, which also 
announced a public meeting via webinar to receive input on these 
proposed standards and associated analyses and results. On August 15, 
2023, DOE received a letter from the Air-Conditioning, Heating & 
Refrigeration Institute (AHRI) asking the Department to extend the NOPR 
comment period by 30 days and also to hold an in-person public meeting 
regarding the NOPR. In this document, DOE grants AHRI's request for an 
in-person meeting and announces that the public meeting will now be 
held in person, in addition to being broadcast as a webinar. DOE is 
denying AHRI's request for a comment period extension for the reasons 
explained in this document.

DATES: Meeting: DOE will hold a public meeting on Tuesday, September 
12, 2023 from 10 a.m. to 3 p.m., in Arlington, VA. This meeting will 
also be broadcast as a webinar.

ADDRESSES: The public meeting will be held at 1000 Wilson Boulevard, 
Suite 1400, Arlington, VA 22209. See the SUPPLEMENTARY INFORMATION 
(Public Participation) section for further details, including 
procedures for attending the in-person meeting, webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants.

FOR FURTHER INFORMATION CONTACT: 
    Ms. Julia Hegarty, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(240) 597-6737. Email: <a href="/cdn-cgi/l/email-protection#58192828343139363b3d0b2c39363c392a3c2b092d3d2b2c3137362b183d3d763c373d763f372e"><span class="__cf_email__" data-cfemail="3b7a4b4b57525a55585e684f5a555f5a495f486a4e5e484f525455487b5e5e155f545e155c544d">[email protected]</span></a>.
    Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-5827. Email: <a href="/cdn-cgi/l/email-protection#a9ecdbc0ca87faddc8dae9c1d887cdc6cc87cec6df"><span class="__cf_email__" data-cfemail="296c5b404a077a5d485a694158074d464c074e465f">[email protected]</span></a>.
    For further information on how to participate in the public 
meeting, contact the Appliance and Equipment Standards Program staff at 
(202) 287-1445 or by email: <a href="/cdn-cgi/l/email-protection#efae9f9f83868e818c8abc9b8e818b8e9d8b9cbe9a8a9c9b8680819caf8a8ac18b808ac1888099"><span class="__cf_email__" data-cfemail="bbfacbcbd7d2dad5d8dee8cfdad5dfdac9dfc8eacedec8cfd2d4d5c8fbdede95dfd4de95dcd4cd">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On August 14, 2023, DOE published a NOPR in 
the Federal Register titled ``Energy Conservation Standards for 
Consumer Boilers,'' which seeks to determine whether more-stringent 
standards would be technologically feasible and economically justified 
and would result in significant energy savings. 88 FR 55128. That 
document, which proposes amended energy conservation standards for 
consumer boilers, provides a 60-day public comment period ending on 
October 13, 2023. The NOPR also scheduled a public meeting webinar to 
discuss the consumer boilers NOPR and to receive input on these 
proposed standards and associated analyses and results from 1 p.m. to 4 
p.m. on Tuesday, September 12, 2023.
    On August 15, 2023, DOE received a letter \1\ from AHRI asking the 
Department to extend the Consumer Boilers energy conservation standards 
NOPR comment period by 30 days and also to hold an in-person public 
meeting regarding the NOPR. AHRI stated that their members need 
additional time to consider and collect data on this topic.
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    \1\ See Docket No. EERE-2019-BT-STD-0036, which is available at 
www.regulations.gov.
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    After carefully considering AHRI's requests, the Department has 
decided to grant the request for an in-person public meeting at the 
date and time previously scheduled in the August 14, 2023 Consumer 
Boilers NOPR. Consequently, DOE will be hosting an in-person public 
meeting in addition to the webinar. Please note that attendance will be 
limited for the in-person public meeting do to room size capacity 
limits.
    DOE has decided to deny AHRI's request for a comment period 
extension. The Department continues to believe that the comment period 
length is appropriate and provides a meaningful opportunity for 
interested parties to comment on the NOPR. It is noted that DOE also 
posted a pre-publication copy of the NOPR on the DOE website and 
notified stakeholder organizations of its availability via email on 
July 28, 2023, which provided many stakeholders with another 17 days of 
review in addition to the 60-day comment period.

Public Participation

Participation in the Public Meeting and Webinar

    The time, date and location of the public meeting are listed in the 
DATES and ADDRESSES sections of this document. If you plan to attend 
the public meeting, you must notify the Appliance and Equipment 
Standards Program staff no later than September 8, 2023, either by 
phone at (202) 287-1445 or by email: 
<a href="/cdn-cgi/l/email-protection#b7f6c7c7dbded6d9d4d2e4c3d6d9d3d6c5d3c4e6c2d2c4c3ded8d9c4f7d2d299d3d8d299d0d8c1"><span class="__cf_email__" data-cfemail="0a4b7a7a66636b64696f597e6b646e6b786e795b7f6f797e636564794a6f6f246e656f246d657c">[email protected]</span></a>. Please note advance 
registration is required and capacity in the meeting room will be 
limited.
    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 Ms. Regina Washington at 
(202) 586-1214 or by email: <a href="/cdn-cgi/l/email-protection#0d5f686a64636c235a6c7e6564636a7962634d686823696268236a627b"><span class="__cf_email__" data-cfemail="87d5e2e0eee9e6a9d0e6f4efeee9e0f3e8e9c7e2e2a9e3e8e2a9e0e8f1">[email protected]</span></a> 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. Any person wishing to 
bring these devices into the Forrestal Building will

[[Page 60153]]

be required to obtain a property pass. Visitors should avoid bringing 
these devices, or allow an extra 45 minutes to check in. Please report 
to the visitor's desk to have devices checked before proceeding through 
security.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific States and U.S. territories. DHS maintains an updated website 
identifying the State and territory driver's licenses that currently 
are acceptable for entry into DOE facilities at www.dhs.gov/real-id-enforcement-brief. A driver's license from a State or territory 
identified as not compliant by DHS will not be accepted for building 
entry and one of the alternate forms of ID listed below will be 
required. Acceptable alternate forms of Photo-ID include U.S. Passport 
or Passport Card; an Enhanced Driver's License or Enhanced ID-Card 
issued by States and territories as identified on the DHS website 
(Enhanced licenses issued by these States and territories are clearly 
marked Enhanced or Enhanced Driver's License); a military ID or other 
Federal government-issued Photo-ID card.
    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 website: www.energy.gov/eere/buildings/public-meetings-and-comment-deadlines. Participants are responsible for 
ensuring their systems are compatible with the webinar software.

Procedure for Submitting Prepared General Statements for Distribution

    Any person who has plans to present a prepared general statement 
may request that copies of his or her statement be made available at 
the public meeting. Such persons may submit requests, along with an 
advance electronic copy of their statement in PDF (preferred), 
Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to 
the appropriate address shown in the ADDRESSES section at the beginning 
of this document. The request and advance copy of statements must be 
received at least one week before the public meeting and are to be 
emailed. Please include a telephone number to enable DOE staff to make 
follow-up contact, if needed.

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 webinar/public meeting. There shall not be discussion of 
proprietary information, costs or prices, market share, or other 
commercial matters regulated by U.S. anti-trust laws. After the webinar 
and until the end of the comment period, interested parties may submit 
further comments on the proceedings and any aspect of the proposed 
rulemaking.
    The webinar will be conducted in an informal, conference style. DOE 
will present a general overview of the topics addressed in this 
proposed rulemaking, allow time for prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this proposed 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 permit, as 
time permits, 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. Participants should 
be prepared to answer questions by DOE and by other participants 
concerning these issues. DOE representatives may also ask questions of 
participants concerning other matters relevant to this proposed 
rulemaking. The official conducting the webinar 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 included in the docket, 
which can be viewed as described in the Docket section at the beginning 
of the August 14, 2023 NOPR. In addition, any person may buy a copy of 
the transcript from the transcribing reporter.

Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this 
notification of public meeting and webinar.

Signing Authority

    This document of the Department of Energy was signed on August 28, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on August 28, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-18850 Filed 8-30-23; 8:45 am]
BILLING CODE 6450-01-P


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