```

[Federal Register Volume 78, Number 170 (Tuesday, September 3, 2013)]
[Proposed Rules]
[Pages 54197-54199]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21346]

========================================================================
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.

========================================================================


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

[[Page 54197]]

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/

[[Page 54198]]

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))
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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 gas-fired 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 Air-Conditioning 
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 
more-stringent level would produce significant additional energy 
savings and would be technologically feasible and economically 
justified. (42 U.S.C. 6313(a)(6))
---------------------------------------------------------------------------

    \3\ For more information, see www.ashrae.org.
---------------------------------------------------------------------------

    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 Air-Conditioning 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.
---------------------------------------------------------------------------

    \4\ The Air-Conditioning and Refrigeration Institute (ARI) has 
been renamed the Air-Conditioning, Heating, and Refrigeration 
Institute (AHRI).
---------------------------------------------------------------------------

    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,

[[Page 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
```