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[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13566-13570]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04672]

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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2010-BT-STD-0043]
RIN 1904-AC36

Energy Conservation Program for High-Intensity Discharge Lamps: 
Public Meeting and Availability of the Interim Technical Support 
Document

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

ACTION: Notice of public meeting and availability of interim technical 
support document.

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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting 
to discuss and receive comments on the interim analysis it has 
conducted for purposes of establishing energy conservation standards 
for high-intensity discharge (HID) lamps. The meeting will cover the 
analytical framework, models, and tools that DOE is using to evaluate 
standards for this equipment; the results of interim analyses performed 
by DOE for this equipment; the potential energy conservation standard 
levels derived from these analyses that DOE could consider for this 
equipment; and any other issues relevant to the development of energy 
conservation standards for HID lamps. In addition, DOE encourages 
written comments on these subjects. To inform interested parties and 
facilitate this process, DOE has prepared an agenda, an interim 
technical support document (TSD), and briefing materials, which are 
available on the DOE Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23.

DATES: DOE will hold a public meeting on April 2, 2013, from 9:00 a.m. 
to 4:00 p.m., in Washington, DC. Additionally, DOE plans to allow for 
participation in the public meeting via webinar. DOE will accept 
comments, data, and other information regarding this rulemaking before 
or after the public meeting, but no later than April 19, 2013. See 
section IV, ``Public Participation,'' of this notice of public meeting 
(NOPM) for details.

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 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 of this fact as soon as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 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. Please report to the visitor's desk to have devices checked 
before proceeding through security.
    Interested parties may submit comments, identified by docket number 
EERE-2010-BT-STD-0043 and/or Regulation Identifier Number (RIN) 1904-
AC36, by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: HIDLamps-2010-STD-0043@ee.doe.gov. Include the 
docket number EERE-2010-BT-STD-0043 and/or RIN 1904-AC36 in the subject 
line of the message.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, Interim Analysis 
for High-Intensity Discharge Lamps, EERE-2010-BT-STD-0043 and/or RIN 
1904-AC36, 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. [Please note that 
comments and CDs sent by mail are often delayed and may be damaged by 
mail screening processes.]
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 
Suite 600, Washington, DC 20024. If possible, please submit all items 
on a CD, in which case it is not necessary to include printed copies.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, framework documents, public meeting

[[Page 13567]]

attendee lists and transcripts, comments, and other supporting 
documents and materials. All documents in the docket are listed in the 
http://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.
    The rulemaking web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23. This web page contains a link to the docket for this notice 
on the regulations.gov site. The regulations.gov web page contains 
instructions on how to access all documents, including public comments, 
in the docket.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section IV, ``Public 
Participation,'' of this document. For further information on 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: Ms. Lucy deButts, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 287-1604. Email: high_intensity_discharge_lamps@ee.doe.gov. Or visit DOE's HID lamps web page at 
http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/60 for information about any existing standards 
and test procedures, and the history and impacts of previous DOE 
regulatory actions, for this category of equipment.
    In the Office of the General Counsel, contact Ms. Elizabeth Kohl, 
U.S. Department of Energy, Office of the General Counsel, GC-71, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-7796. Email: elizabeth.kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority
II. History of Energy Conservation Standards Rulemakings for High-
Intensity Discharge Lamps
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses
    A. Engineering Analysis
    B. Markups To Determine Prices
    C. Energy Use Analysis
    D. Life-Cycle Cost and Payback Period Analyses
    E. National Impact Analysis
IV. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Requests To Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
V. Approval of the Office of the Secretary

I. Authority

    Title III, Part B of the Energy Policy and Conservation Act of 1975 
(EPCA; 42 U.S.C. 6291-6317), as amended, established the Energy 
Conservation Program for Consumer Products other than Automobiles. 
Title III, Part C established the Energy Conservation Program for 
Certain Industrial Equipment, which includes the high-intensity 
discharge (HID) lamps addressed in this interim analysis.\1\ While HID 
lamps are defined under Part B, the requirement for DOE to set 
standards for HID lamps is set forth in Part C. As a result, DOE has 
determined that the provisions of Part C apply to HID lamps.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Parts B and C were re-designated Parts A and A-1, respectively.
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    EPCA requires the U.S. Department of Energy (DOE) to prescribe 
testing requirements for those HID lamps for which DOE makes a 
determination that energy conservation standards would be 
technologically feasible and economically justified, and would result 
in significant energy savings. (42 U.S.C. 6317(a)(1)). EPCA further 
requires DOE, within 18 months of prescribing any testing requirements 
for HID lamps, to prescribe energy conservation standards for those 
lamps. (42 U.S.C. 6317(a)(2)). Any standards would apply to lamps 
manufactured 36 months after the date the standards rule is published. 
(42 U.S.C. 6317(a)(3)).
    Energy conservation standards adopted by DOE must: (1) achieve the 
maximum improvement in energy efficiency that is technologically 
feasible and economically justified; and (2) result in significant 
conservation of energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)(B)). To 
determine whether a proposed standard is economically justified, DOE 
will, after receiving comments on the proposed standard, determine 
whether the benefits of the standard exceed its burdens by, to the 
greatest extent practicable, considering the following seven factors:

    1. The economic impact of the standard on manufacturers and 
consumers of products subject to the standard;
    2. The savings in operating costs throughout the estimated 
average life of the covered products in the type (or class) compared 
to any increase in the price, initial charges, or maintenance 
expenses for the covered products which are likely to result from 
the imposition of the standard;
    3. The total projected amount of energy savings likely to result 
directly from the imposition of the standard;
    4. Any lessening of the utility or the performance of the 
covered products likely to result from the imposition of the 
standard;
    5. The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
imposition of the standard;
    6. The need for national energy conservation; and
    7. Other factors the Secretary [of Energy] considers relevant.

(42 U.S.C. 6295(o)(2)(B)(i))
    Additional statutory requirements of general applicability for 
prescribing new or amended standards are set forth in 42 U.S.C. 
6295(o)(1)-(5), 42 U.S.C. 6316(a), and other relevant sections of EPCA.
    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE will use to 
evaluate standards for HID lamps and the results of interim analyses. 
Today's document announces the availability of the interim TSD, which 
details the interim analyses, discusses the comments DOE received from 
interested parties on the Framework Document, and summarizes the 
interim results of DOE's analyses. In addition, DOE is announcing a 
public meeting to solicit feedback from interested parties on its 
analytical framework, models, and interim results.

II. History of Energy Conservation Standards Rulemakings for High-
Intensity Discharge Lamps

A. Background

    As mentioned in the previous section, EPCA requires DOE to 
prescribe testing requirements for those HID lamps for which DOE makes 
a determination that energy conservation standards would be 
technologically feasible and economically justified, and would result 
in significant energy savings. (42 U.S.C. 6317(a)(1)). Further, within 
18 months of prescribing any test procedures, EPCA requires DOE to 
prescribe energy conservation standards for those lamps; standards 
would apply to lamps manufactured 36 months after the date the 
standards rule is published. (42 U.S.C. 6317(a)(2)-(3)).
    DOE published a positive final determination\2\ (hereafter the 
``final determination'') that standards for certain HID lamps are 
technologically

[[Page 13568]]

feasible, economically justified, and would result in a significant 
energy savings. 75 FR 37975 (July 1, 2010). As a result of this 
determination, DOE is currently conducting a test procedure rulemaking 
for the specified lamps,\3\ as well as conducting this standards 
rulemaking. On February 28, 2012, DOE published a notice announcing the 
availability of the framework document, ``Framework Document for High-
Intensity Discharge Lamps,'' and a public meeting to discuss the 
proposed analytical framework for the rulemaking. 77 FR 11785. DOE also 
posted the framework document on its Web site, in which DOE described 
the procedural and analytical approaches DOE anticipated using to 
evaluate the establishment of energy conservation standards for HID 
lamps.
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    \2\ The final determination is available at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/60.
    \3\ DOE published a proposed test procedure NOPR on December 15, 
2011 (76 FR 77914).
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    DOE held the public meeting for the framework document on March 29, 
2012,\4\ to describe the various rulemaking analyses DOE would conduct, 
such as the engineering analysis, the life-cycle cost (LCC) and payback 
period (PBP) analyses, and the national impact analysis (NIA); the 
methods for conducting them; and the relationship among the various 
analyses. Manufacturers, trade associations, and energy efficiency 
advocates attended the meeting. The participants discussed multiple 
issues, including the scope of coverage; the appropriateness of lumen 
output as an equipment class-setting factor; the metrics of initial and 
mean lamp efficacy; the technological shift from HID lamps to light-
emitting diode (LED) lighting; the necessity of changing ballasts and 
fixtures when moving to more efficacious HID lamps; the potential for 
increased testing burden.
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    \4\ The framework document and public meeting information can be 
accessed at:
    http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23.
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B. Current Rulemaking Process

    In this interim analysis, DOE considers whether and at what 
level(s) to promulgate energy conservation standards for certain HID 
lamps. Comments received since the publication of the framework 
document have helped DOE identify and resolve issues involved in the 
interim analyses. The process for developing energy conservation 
standards involves input from the public. DOE considers the 
participation of interested parties to be a very important part of the 
rulemaking process. Accordingly, DOE encourages the participation of 
all interested parties during the comment period provided at each stage 
of the rulemaking.
    In conducting energy conservation standards rulemakings, DOE 
involves interested parties through various means. This standards 
rulemaking process for HID lamps involves four public notices, 
published in the Federal Register, and three public meetings (including 
the public notice and meeting associated with the framework document 
previously mentioned).
    The interim analysis allows for public comment on the data, models, 
and tools that DOE expects to use in the rulemaking. These data, as 
discussed in section III, include equipment classes and candidate 
standard levels (CSLs), which span the range of efficacies from 
baseline equipment \5\ to the most efficacious technology. DOE requests 
comment and will hold a public meeting and webinar related to the 
interim analyses on the day specified in the DATES section. After the 
interim analysis public meeting, DOE will publish a notice of proposed 
rulemaking (NOPR) presenting a discussion of comments received in 
response to the framework document and interim analyses, along with 
DOE's analysis of the effects of potential standards on customers, 
manufacturers, and the nation; DOE's weighting of these effects; and 
the proposed standard levels for public comment.
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    \5\ DOE selected baseline lamps as representative equipment. 
Generally, a baseline lamp is one that represents the most common, 
least efficacious lamp sold within an equipment class. DOE selected 
multiple baseline lamps to ensure consideration of different high-
volume lamps and their associated customer economics (e.g., 
customers of mercury vapor lamp-and-ballast systems incur different 
costs than customers of metal halide lamp-and-ballast systems).
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III. Summary of the Analyses

    DOE conducted in-depth technical analyses in the following areas 
for the HID lamps currently under consideration: (1) Engineering, (2) 
markups to determine equipment price; (3) energy use; (4) life-cycle 
cost and payback period; and (5) national impact. The interim TSD 
presents the methodology and results of each of these analyses is 
available at http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/60.
    DOE also conducted, and has included in the interim TSD, several 
other analyses that support the major analyses or are interim analyses 
that will be expanded upon for a NOPR if DOE determines that new energy 
conservation standards are technologically feasible, economically 
justified, and would save a significant amount of energy, based on the 
information presented to the Department. These analyses include: (1) 
The market and technology assessment; (2) the screening analysis, which 
contributes to the engineering analysis; and (3) the shipments 
analysis, which contributes to the LCC and PBP analysis and NIA. In 
addition to these analyses, DOE has begun preliminary work on the 
manufacturer impact analysis and has identified the methods to be used 
for the consumer subgroup analysis, the emissions analysis, the 
employment impact analysis, the regulatory impact analysis, and the 
utility impact analysis. DOE will expand on these analyses in any NOPR.

A. Engineering Analysis

    In energy conservation standard rulemakings for other equipment, 
DOE often develops cost-efficiency relationships in the engineering 
analysis. However, for this HID lamp rulemaking, DOE derives efficiency 
levels in the engineering analysis and lamp end-user prices in the 
equipment price determination. DOE also develops ballast and fixture 
manufacturer selling prices (MSPs) in the equipment price 
determination, because a change of ballast and fixture is often 
required when transitioning to a more efficacious, reduced-wattage 
lamp. The engineering analysis focuses on selecting commercially 
available lamps that incorporate design options that improve efficacy. 
The engineering analysis identifies both the highest efficacy that is 
technologically feasible within each equipment class and the 
representative baseline models, which serve as reference points against 
which DOE can measure changes resulting from potential energy 
conservation standards. After identifying more efficacious substitutes 
for each baseline model, DOE developed CSLs. Chapter 2 and 5 of the 
interim TSD discuss the engineering analysis, and chapter 2 and 6 and 
appendix 6A of the interim TSD discuss the equipment price 
determination.

B. Markups To Determine Prices

    Because DOE estimated HID lamp end-user prices directly, markups 
were not needed to relate MSPs to end-user prices for lamps. In its 
markup analysis, DOE evaluates distribution channels for HID lamps to 
help develop end-user equipment prices for ballasts and fixtures for 
the LCC analysis and NIA. Chapters 2 and 7 of the interim TSD provide 
detail on the estimation of markups.

[[Page 13569]]

C. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of HID lamps. The energy use analysis seeks to estimate the 
range of energy consumption of the equipment that meet each of the 
efficiency levels considered in a given rulemaking as they are used in 
the field. DOE uses these values in the LCC and PBP analyses and in the 
NIA. Chapters 2 and 8 of the interim TSD provide detail on the energy 
use analysis.

D. Life-Cycle Cost and Payback Period Analyses

    The LCC and PBP analyses determine the economic impact of potential 
standards on individual consumers. The LCC is the total cost of 
purchasing, installing, operating, and maintaining considered equipment 
over the course of its lifetime. The LCC analysis compares the LCCs of 
equipment designed to meet possible energy conservation standards with 
the LCC of the equipment likely to be installed in the absence of 
standards. DOE determines LCCs by considering: (1) Total installed cost 
to the purchaser (which consists of manufacturer selling price, 
distribution chain markups, sales taxes, and installation cost); (2) 
the operating cost of the equipment (energy cost, water and wastewater 
cost in some cases, and maintenance and repair cost); (3) equipment 
lifetime; and (4) a discount rate that reflects the real consumer cost 
of capital and puts the LCC in present-value terms. The PBP represents 
the number of years needed to recover the increase in purchase price 
(including installation cost) of higher-efficacy, reduced-wattage 
equipment through savings in the operating cost of the equipment. PBP 
is calculated by dividing the incremental increase in installed cost of 
the higher efficiency product, compared to the baseline equipment, by 
the annual savings in operating costs. Chapters 2 and 9 of the interim 
TSD provide detail on the LCC and PBP analysis.

E. National Impact Analysis

    The NIA estimates the national energy savings (NES) and the net 
present value (NPV) of total customer costs and savings expected to 
result from new standards at specific efficiency levels (referred to as 
candidate standard levels). DOE calculates NES and NPV for each 
candidate standard level for HID lamps as the difference between a 
base-case projection (without new standards) and the standards-case 
projection (with standards). Cumulative energy savings are the sum of 
the annual NES determined for the lifetime of the equipment shipped 
from 2017 to 2046. The NPV is the sum over time of the discounted net 
savings each year, which consists of the difference between total 
operating cost savings and increases in total installed costs. To 
calculate energy use, equipment stock in a given year is multiplied by 
annual energy use. DOE calculates the national NPV of the customer 
savings resulting from energy conservation standards in conjunction 
with the NES. It calculates annual energy expenditures from annual 
energy use by incorporating projected energy prices and installed stock 
in each year. DOE calculates annual equipment expenditures by 
multiplying the projected shipments by the projected price per lamp, 
adjusted by AEO2011 price trend projections. The difference between a 
base-case and a standards-case scenario gives the national energy bill 
savings and increased equipment expenditure in dollars. Chapters 2 and 
11 of the interim TSD provide more detail on the NIA.

IV. Public Participation

    DOE invites input from the public on all the topics described 
above. The interim analytical results are subject to revision following 
further review and input from the public. A complete and revised TSD 
will be made available upon issuance of any NOPR. A final rule 
establishing any new energy conservation standards would contain the 
final analytical results and will be accompanied by a final rule TSD.
    DOE encourages those who wish to participate in the public meeting 
to obtain the interim TSD from DOE's Web site and to be prepared to 
discuss its contents. A copy of the interim TSD is available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23. However, public meeting participants need not limit their 
comments to the topics identified in the interim TSD; DOE is also 
interested in receiving views concerning other relevant issues that 
participants believe would affect energy conservation standards for 
this product or that DOE should address in the NOPR.
    Furthermore, DOE welcomes all interested parties, regardless of 
whether they participate in the public meeting, to submit in writing by 
April 19, 2013 comments, data, and information on matters addressed in 
the interim TSD and on other matters relevant to consideration of 
energy conservation standards for HID lamps.
    The public meeting and associated webinar will be conducted in an 
informal, conference style. A court reporter will be present to record 
the minutes of the meeting. There shall be no discussion of proprietary 
information, costs, prices, market shares, or other commercial matters 
regulated by United States antitrust laws.
    After the public meeting and the closing of the comment period, DOE 
will consider all timely-submitted comments and additional information 
obtained from interested parties, as well as information obtained 
through further analyses. Afterwards, DOE will publish either a 
determination that the standards for HID lamps need not be amended or a 
NOPR proposing to amend those standards. Any NOPR would include 
proposed energy conservation standards for the equipment covered by the 
rulemaking, and members of the public will be given an opportunity to 
submit written and oral comments on the proposed standards.

A. Attendance at Public Meeting

    The time and date of the public meeting are listed in the DATES and 
ADDRESSES sections at the beginning of this notice. 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 the public meeting, please notify Ms. Brenda Edwards at (202) 
586-2945. Any foreign national wishing to participate in the meeting 
should advise DOE of this fact as soon as possible by contacting Ms. 
Brenda Edwards to initiate the necessary procedures.
    You can attend the public meeting via webinar, and registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on the 
following Web site: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/23. Participants are responsible for 
ensuring their computer systems are compatible with the webinar 
software.
    The purpose of the meeting is to receive comments and to help DOE 
understand potential issues associated with this rulemaking. DOE must 
receive requests to speak at the meeting before 4:00 p.m. March 19, 
2013. DOE must receive a signed original and an electronic copy of 
statements to be given at the public meeting before 4:00 p.m. March 26, 
2013.

B. Procedure for Submitting Requests to Speak

    Any person who has an interest in today's notice or who is a 
representative of a group or class of persons that has

[[Page 13570]]

an interest in these issues may request an opportunity to make an oral 
presentation. Such persons may hand-deliver requests to speak, along 
with a computer diskette or CD in WordPerfect, Microsoft Word, PDF, or 
text (ASCII) file format to Ms. Brenda Edwards at 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 to the address shown in the ADDRESSES section 
or email to Brenda.Edwards@ee.doe.gov.
    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to be heard to submit an advance 
copy of their statements at least two weeks before the public meeting. 
At its discretion, DOE may permit any person who cannot supply an 
advance copy of their statement to participate, if that person has made 
advance alternative arrangements with the Building Technologies 
Program. 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 
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 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 public meeting. After the public meeting, interested parties may 
submit further comments on the proceedings as well as on any aspect of 
the rulemaking until the end of the comment period.
    The public meeting will be conducted in an informal conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within DOE-determined time limits) prior to 
the discussion of specific topics. DOE will permit 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 and comment on 
statements made by others. Participants should be prepared to answer 
questions from DOE and other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the public 
meeting 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 posted on the DOE Web 
site and will also be included in the docket, which can be viewed as 
described in the Docket section at the beginning of this notice. In 
addition, any person may buy a copy of the transcript from the 
transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and other information regarding 
this rulemaking before or after the public meeting, but no later than 
the date provided at the beginning of this notice. Please submit 
comments, data, and other information as provided in the ADDRESSES 
section. Submit electronic comments in WordPerfect, Microsoft Word, 
PDF, or text (ASCII) file format and avoid the use of special 
characters or any form of encryption. Comments in electronic format 
should be identified by the Docket Number EERE-2010-BT-STD-0043 and/or 
RIN 1904-AC36 and, wherever possible, carry the electronic signature of 
the author. No telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document including 
all the information believed to be confidential and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination as to the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) a date upon which such information might lose 
its confidential nature due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
public meeting.

    Issued in Washington, DC, on February 20, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-04672 Filed 2-27-13; 8:45 am]
BILLING CODE 6450-01-P
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