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 

### 54197

Vol. 78, No. 170

Tuesday, September 3, 2013

**DEPARTMENT OF ENERGY**

**10 CFR Part 431**

**[Docket No. EERE–2013–BT–STD–0030]**

**RIN 1904–AD01**

**Energy Efficiency Program for Commercial and Industrial Equipment:**  **Energy Conservation Standards for Commercial Packaged Boilers** 

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

**ACTION :**  Notice of public meeting and availability of the Framework

Document.

**SUMMARY :**  The U.S. Department of Energy (DOE) is initiating the rulemaking and data collection process to consider amending the energy
conservation standards for commercial packaged boilers. This rulemaking will satisfy the statutory requirement for DOE to review energy conservation standards for covered equipment every six years to determine whether such
standards should be amended. After concluding its initial review of the available information and public comments, DOE will publish either a
notice of the determination that standards do not need to be amended, or a notice of proposed rulemaking including new proposed standards. To inform interested parties and to facilitate this process, DOE has prepared
a Framework Document that details the analytical approach and scope of coverage for the rulemaking, and
identifies several issues about which DOE is particularly interested in receiving comments. DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and the issues it will address in this rulemaking proceeding. DOE
welcomes written comments and relevant data from the public on any subject within the scope of this rulemaking. A copy of the Framework
Document is available at: http:// www1.eere.energy.gov/buildings/ appliance

_standards/product.aspx/ productid/74.

**DATES :**  Meeting: DOE will hold a public meeting on Tuesday, October 1, 2013, from 9:00 a.m. to 4:00 p.m. in Washington, DC. Additionally, DOE plans to conduct the public meeting via webinar. You may attend the public meeting via webinar, and 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/product.aspx/ productid/74. Participants are responsible for ensuring their systems are compatible with the webinar
software.

DOE must receive requests to speak at the public meeting before 4:00 p.m., Tuesday, September 17, 2013. DOE must receive an electronic copy of the statement with the name and, if appropriate, the organization of the presenter to be given at the public meeting before 4:00 p.m., Tuesday, September 24, 2013.

Comments: DOE will accept written comments, data, and information regarding the Framework Document before and after the public meeting, but no later than October 18, 2013.

**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 any foreign national planning to participate in the public meeting is subject to advance security screening procedures, and should so inform DOE of this fact as soon as possible by contacting Ms. Brenda Edwards at (202) 586–2945. Please note further that any visitor with a personal computer who enters the Forrestal Building is required to be screened and to obtain a property pass upon entry. Such visitors should allow 45 minutes for the screening process. As noted above, persons may also attend the public meeting via webinar. See ‘‘Public Participation’’ in

**SUPPLEMENTARY INFORMATION** below for meeting details.

Interested parties are encouraged to submit comments electronically. However, comments may be submitted by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments.

• Email: PkgdBoilers2013STD0030@ ee.doe.gov. Include docket number
EERE–2013–BT–STD–0030 and/or regulatory identifier number (RIN) 1904–AD01 in the subject line of the message. All comments should clearly identify the name, address, and, if appropriate, organization of the
commenter. Submit electronic comments in WordPerfect, Microsoft Word, portable document format (PDF),
or American Standard Code for Information Interchange (ASCII) file format, and avoid the use of special characters or any form of encryption.

• Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, Mailstop EE–2J,
Framework Document for Commercial Packaged Boilers, Docket No. EERE–
2013–BT–STD–0030 and/or RIN 1904– AD01, 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. Note that comments sent by postal mail are often delayed and may be damaged
as a result of the U.S. Postal Service mail screening process.

• Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Office, Sixth Floor, 950 L’Enfant Plaza SW., 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.

Instructions: All submissions received must include the agency name and
docket number and/or RIN for this rulemaking. 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, public comments, and other supporting documents and materials (search EERE–2013–BT–STD–0030). Otherwise, 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.

A link to the docket Web page can be
found at: http://www1.eere.energy.gov/


### 54198 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules

1 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A–1.

2 All references to EPCA in this document refer to the statute as amended through the American Energy Manufacturing Technical Corrections Act (AEMTCA), Public Law 112–210 (Dec. 18, 2012). 3 For more information, see www.ashrae.org. 4 The Air-Conditioning and Refrigeration Institute (ARI) has been renamed the Air-Conditioning, Heating, and Refrigeration Institute (AHRI). buildings/appliance

_ standards/ product.aspx/productid/74. This Web page contains a link to the docket for
this notice on the www.regulations.gov
Web site. The www.regulations.gov Web page contains simple instructions on how to access all documents, including public comments, in the docket.

For information about 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. James Raba, U.S. Department of

Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–2J, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–8654. Email:
commercial

_

packaged

_ boilers@ 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 Office, EE–2J, 1000 Independence Avenue SW., Washington, DC 20585–0121. Telephone: (202) 586–2945. Email: Brenda.Edwards@ee.doe.gov.

**SUPPLEMENTARY INFORMATION :**  Title III,

Part C 1 of the Energy Policy and Conservation Act of 1975 (EPCA), Public Law 94–163 (42 U.S.C. 6311– 6317, as codified), added by Public Law 95–619, Title IV, section 441(a), sets forth a variety of provisions designed to improve energy efficiency, and it established the ‘‘Energy Conservation Program for Certain Industrial Equipment,’’ a program covering certain commercial and industrial equipment (hereafter referred to as ‘‘covered equipment’’), which includes the commercial packaged boilers that are
the focus of this notice. 2 Part A–1 includes definitions (42 U.S.C. 6311), energy conservation standards (42 U.S.C. 6313), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), and the authority to require compliance information and certification reports from manufacturers of covered equipment (42 U.S.C. 6316). Moreover, EPCA authorizes DOE to establish technologically feasible, economically justified energy conservation regulations for certain products and equipment that would be likely to result in significant national energy savings. (42 U.S.C. 6295(o)(2)(B)(i)(I)–(VII))

EPCA covers many types of commercial and industrial equipment, including packaged boilers. (42 U.S.C. 6311(1)(J)) EPCA defines the term ‘‘packaged boiler’’ to mean ‘‘a boiler that is shipped complete with heating equipment, mechanical draft equipment, and automatic controls; usually shipped in one or more sections.’’ (42 U.S.C. 6311(11)(B)) EPCA prescribed minimum efficiency levels(combustion efficiency) both for gasfired packaged boilers and oil-fired packaged boilers with rated maximum input capacities of 300,000 British thermal units (Btus) or more. (42 U.S.C. 6313(a)(4)(C) and (D)) The minimum efficiency levels generally correspond to the levels set in the American Society ofHeating, Refrigeration, and AirConditioning Engineers (ASHRAE)/ Illuminating Engineering Society (IES)
Standard 90.1. 3 Further, EPCA provides
if ASHRAE/IES Standard 90.1 is amended with respect to packaged boilers, then DOE shall consider amending the prescribed minimum efficiency levels. (42 U.S.C. 6313((a)(6)) In other words, when ASHRAE amends the efficiency levels for packaged boilers in Standard 90.1, DOE must adopt the new ASHRAE requirements unless clear and convincing evidence supports adetermination that adoption of a morestringent level would produce significant additional energy savings and would be technologically feasible and economically justified. (42 U.S.C. 6313(a)(6))

In the event that ASHRAE does not act to amend Standard 90.1 (thereby triggering DOE to conduct an amended standards rulemaking), EPCA provides an alternative statutory mechanism for initiating such review. More specifically, EPCA requires that every six years, the Secretary of Energy (Secretary) shall consider amending the energy conservation standards for covered commercial equipment and shall publish either a notice of
determination that those standards do not need to be amended, or a notice of proposed rulemaking for more-stringent energy efficiency standards. (42 U.S.C. 6313(a)(6)(C)) In 2009, DOE acted in response to an ASHRAE trigger and published a final rule amending the energy conservation standards for commercial packaged boilers to correspond to the efficiency levels (thermal efficiency) in the most
recent ASHRAE Standard 90.1 which amended commercial packaged boiler efficiency levels ( i.e., ASHRAE Standard 90.1–2007). 74 FR 36312 (July 22, 2009).

In addition, EPCA prescribes test procedures for packaged boilers which are generally accepted industry testing procedures or rating proceduresdeveloped or recognized by the AirConditioning and Refrigeration

Institute 4 (ARI) or by ASHRAE, as
referenced in ASHRAE/IES Standard 90.1. (42 U.S.C. 6314(a)(4)(A)) Furthermore, EPCA directs that if an industry test procedure or rating procedure for packaged boilers is amended, then DOE shall amend the test procedure as necessary for the equipment to be consistent with the amended industry procedure. (42 U.S.C. 6314(a)(4)(B)) In addition to requiring DOE to update its test method each time the relevant industry test procedure is modified, EPCA requires that DOE
conduct an evaluation of its test procedure for each covered class of equipment at least once every seven years. (42 U.S.C. 6314(a)(1)(A)) DOE last reviewed its test procedures for commercial packaged boilers in a final rule published in the Federal Register on July 22, 2009 (77 FR 36312), so DOE must evaluate the test procedures for this equipment not later than July 22, 2016. DOE is considering updating the test procedures for commercial packaged boilers in a separate proceeding that would occur in parallel with the energy conservation standards analysis outlined in this Framework Document. DOE aims to publish a final rule for the test procedure rulemaking prior to completing the energy conservation standards rulemaking.

In view of the foregoing, DOE has prepared the Framework Document to explain the relevant issues, analyses, and processes it anticipates using when considering amended energy
conservation standards for commercial packaged boilers. The focus of the public meeting noted above will be to discuss the information presented and
issues identified in the Framework Document. At the public meeting, DOE will make presentations and invite discussion on the rulemaking process as it applies to commercial packaged boilers. DOE will also solicit comments,


### 54199 Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Proposed Rules

data, and information from participants and other interested parties.

DOE is planning to conduct in-depth technical analyses in the following areas: (1) Engineering; (2) energy-use characterization; (3) equipment price; (4) life-cycle cost and payback period; (5) national impacts; (6) manufacturer impacts; (7) utility impacts; (8) employment impacts; (9) emission impacts; and (10) regulatory impacts.
DOE will also conduct several other analyses that support those previously listed, including a market and technology assessment, a screening analysis (which contributes to the engineering analysis), and a shipments analysis (which contributes to the national impact analysis).

Public Participation: DOE encourages those who wish to participate in the public meeting to obtain the Framework Document and to be prepared to discuss its contents. A copy of the Framework
Document is available at: http:// www1.eere.energy.gov/buildings/ appliance

_standards/product.aspx/ productid/74.

Public meeting participants need not
limit their comments to the issues
identified in the Framework Document.
DOE is also interested in comments on other relevant issues that participants believe would affect energy
conservation standards for this equipment, applicable test procedures, or the preliminary determination on the scope of coverage. DOE invites all interested parties, whether or not they participate in the public meeting, to submit in writing by October 18, 2013,
comments and information on matters
addressed in the Framework Document
and on other matters relevant to DOE’s consideration of coverage of and amended energy conservation standards for commercial packaged boilers.

The public meeting will be conducted in an informal, facilitated, conference style. There shall be no discussion of proprietary information, costs or prices, market shares, or other commercial matters covered under by U.S. antitrust laws. A court reporter will record the proceedings of the public meeting, after which a transcript will be available for purchase from the court reporter and placed on the DOE Web site at: http:// www1.eere.energy.gov/buildings/ appliance

_standards/product.aspx/ productid/74.

After the public meeting and the close of the comment period for the Framework Document, DOE will begin collecting data, conducting the analyses
described in the Framework Document and at the public meeting, and reviewing the public comments
received. DOE considers public participation to be a very important part of the process for determining whether to amend the energy conservation standards for commercial packaged boilers and, if so, in setting amended standards levels. DOE actively encourages the participation and interaction of the public during the comment period established for each stage of the rulemaking process. Beginning with the Framework Document and during each subsequent public meeting and comment period, interactions with and among members of the public provide a
balanced discussion of the issues and assist DOE in the standards rulemaking process. Accordingly, anyone who wishes to participate in the public meeting, receive meeting materials, or be added to the DOE mailing list to
receive future notices and information about this rulemaking should contact Ms. Brenda Edwards at (202) 586–2945,
or via email at Brenda.Edwards@ ee.doe.gov.

Issued in Washington, DC, on August 28,

2013. Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy.

[FR Doc. 2013–21346 Filed 8–30–13; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF THE TREASURY**

**Office of Foreign Assets Control**

**31 CFR Parts 538 and 560**

**Effectiveness of Licensing Procedures for Exportation of Agricultural**  **Commodities, Medicine, and Medical Devices to Sudan and Iran; Comment**  **Request**

**AGENCY :**  Office of Foreign Assets Control, Treasury.

**ACTION :**  Request for comments.

**SUMMARY :**  The Office of Foreign Assets Control (‘‘OFAC’’) of the U.S. Department of the Treasury is soliciting
comments on the effectiveness of OFAC’s licensing procedures for the exportation of agricultural commodities, medicine, and medical devices to Sudan and Iran. Pursuant to section 906(c) of the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX of Pub. L. 106–387, 22 U.S.C. 7201 et seq. ) (the ‘‘Act’’), OFAC is required to submit a biennial report to the Congress on the operation of licensing procedures for such exports. **DATES :**  Written comments should be received on or before October 3, 2013 to
be assured of consideration.

**ADDRESSES :**  You may submit comments by any of the following methods:

Federal eRulemaking Portal: www.regulations.gov.

Follow the instructions for submitting

comments.

Fax: Attn: Request for Comments (TSRA) (202) 622–0091.

Mail: Attn: Request for Comments (TSRA), Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220.

**FOR FURTHER INFORMATION CONTACT :**  Requests for additional information about these licensing procedures should be directed to the Licensing Division, Office of Foreign Assets Control, Department of the Treasury, 1500 Pennsylvania Avenue NW., Washington, DC 20220, telephone: (202) 622–2480 (not a toll free number). Additional information about these licensing procedures is also available at www.treasury.gov/tsra.

**SUPPLEMENTARY INFORMATION :**  The current procedures used by OFAC for authorizing the export of agricultural commodities, medicine, and medical
devices to Sudan and Iran are set forth
in 31 CFR 538.523–526 and 31 CFR 560.530–533. Under the provisions of section 906(c) of the Act, OFAC must submit a biennial report to the Congress on the operation, during the preceding two-year period, of the licensing procedures required by section 906 of the Act for the export of agricultural commodities, medicine, and medical devices to Sudan and Iran. This report
is to include:

(1) The number and types of licenses applied for;

(2) The number and types of licenses approved;

(3) The average amount of time elapsed from the date of filing of a license application until the date of its approval;

(4) The extent to which the licensing procedures were effectively implemented; and

(5) A description of comments received from interested parties about the extent to which the licensing procedures were effective, after holding a public 30-day comment period.

This notice solicits comments from interested parties regarding the effectiveness of OFAC’s licensing procedures for the export of agricultural commodities, medicine, and medical
devices to Sudan and Iran for the time period of October 1, 2010 to September 30, 2012. Interested parties submitting