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/


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

1For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

2All 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). 3For more information, see www.ashrae.org. 

4The 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 C1 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 of 

Heating, 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 a 

determination 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 procedures 

developed 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, 


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

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 


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