4548 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 

• NERC Board of Trustees Meetings 

and its sub-committee meetings. 

Æ Monday, February 15, 2010 

Phoenix, AZ (3). 

Æ Tuesday—Wednesday, May 11–12, 

2010 Baltimore, MD (4). 

• NERC Finance and Audit 

Committee Meetings. 

Æ TBD. 

• Critical Infrastructure Protection 

Committee Quarterly Meetings and its 

sub-committee meetings. 

Æ Wednesday—Thursday, March 17– 

18, 2010 (TBD). 

Æ Wednesday—Thursday, June 16– 

17, 2010 (TBD). 

The meetings will be held at the 

following locations: 

1. North American Electric Reliability 

Corporation, 866–740–1260. 

2. Hilton Phoenix Airport, 2435 S. 

47th Street, Phoenix, AZ 85034, 480– 

894–1600. 

3. Arizona Grand Resort, 800 South 

Arizona Grand Parkway, Phoenix, AZ 

85044, 602–438–9000. 

4. Hyatt Regency Baltimore on the 

Inner Harbor, 300 Light Street, 

Baltimore, MD 21202, 410–605–2854. 

Further information may be found at 

http://www.nerc.com. 

The above-referenced meetings are 

open to the public. 

For more information, contact Mary 

Agnes Nimis, Office of Electric 

Reliability, Federal Energy Regulatory 

Commission at (202) 502–8235 or 

maryagnes.nimis@ferc.gov or Nicholas 

Snyder, Office of Electric Reliability, 

Federal Energy Regulatory Commission 

at (202) 502–6408 or 

nicholas.snyder@ferc.gov. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–1676 Filed 1–27–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2225–013—Washington] 

Pend Oreille County Public Utility 

District; Notice of Designation of 

Commission Staff as Non-Decisional 

January 21, 2010. 

Commission staff member James 

Hastreiter (Office of Energy Projects, 

503–552–2760; 

james.hastreiter@ferc.gov) is hereby 

designated as ‘‘non-decisional’’ staff and 

assigned to participate in settlement 

discussions and provide guidance on 

the Commission’s policies and 

authorities for the surrender of the 

Sullivan Creek Project No. 2225 in the 

above-referenced proceeding. 

As ‘‘non-decisional’’ staff, Mr. 

Hastreiter will not participate in an 

advisory capacity in the Commission’s 

review of any offer of settlement or 

settlement agreement, or deliberations 

concerning the disposition of the 

surrender application. 

Different Commission ‘‘advisory staff’’ 

will be assigned to review any offer of 

settlement or settlement agreement, and 

to process the surrender application, 

including providing advice to the 

Commission with respect to the 

agreement and the application. Nondecisional staff and advisory staff are 

prohibited from communicating with 

one another concerning the merits of the 

settlement and the relicense application. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–1678 Filed 1–27–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

[Docket Number EERE–BT–PET–0024] 

Energy Efficiency Program for 

Consumer Products: Commonwealth 

of Massachusetts Petition for 

Exemption From Federal Preemption 

of Massachusetts’ Energy Efficiency 

Standard for Residential NonWeatherized Gas Furnaces 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of Petition for 

Exemption. 

SUMMARY: The Department of Energy 

(DOE) announces the filing of the 

Commonwealth of Massachusetts 

Petition for Exemption from Federal 

Preemption of Massachusetts’ 90% 

Annual Fuel Utilization Efficiency 

Standard for Non-weatherized Gas 

Furnaces (hereafter ‘‘Massachusetts 

Petition’’ or ‘‘Petition’’’). To help DOE 

evaluate the merits of the Massachusetts 

Petition, DOE invites interested 

members of the public to submit 

comments they might have on the 

Massachusetts Petition and information 

related to the evaluation factors outlined 

in the Energy Policy and Conservation 

Act (EPCA or ‘‘the Act’’). 

DATES: DOE will accept written 

comments, data, and information 

regarding the Massachusetts Petition 

until, but no later than March 29, 2010. 

ADDRESSES: A document entitled 

‘‘Massachusetts Petition for Exemption 

from Preemption’’ is available for review 

on the Internet at http:// 

www1.eere.energy.gov/buildings/ 

appliance—standards/state— 

petitions.html or from Ms. Brenda 

Edwards-Jones, U.S. Department of 

Energy, Building Technologies Program, 

EE–2J, Room 1J–018, 1000 

Independence Ave., SW., Washington, 

DC 20585–0121, or by telephone (202) 

586–2945. Please submit comments, 

identified by docket number EERE–BT– 

PET–0024 by any of the following 

methods: 

1. Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

2. E-mail: 

MAExemptPetition@ee.doe.gov. Include 

either the docket number EERE–BT– 

PET–0024, and/or ‘‘Massachusetts 

Petition’’ in the subject line of the 

message. 

3. Mail: Ms. Brenda Edwards-Jones, 

U.S. Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Room 1J–018, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Please submit one signed original 

paper copy. 

4. Hand Delivery/Courier: Ms. Brenda 

Edwards-Jones, U.S. Department of 

Energy, Building Technologies Program, 

Room 1J–018, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. 

5. Instructions: All submissions 

received must include the agency name 

and docket number for this proceeding. 

For detailed instructions on submitting 

comments and additional information 

on the proceeding, see section II. C of 

this document (Submission of 

Comments). 

Docket: For access to the docket to 

read the background documents 

relevant to this matter, go to the U.S. 

Department of Energy, Forrestal 

Building, Room 1J–018 (Resource Room 

of the Building Technologies Program), 

1000 Independence Avenue, SW., 

Washington, DC, (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Available documents include the 

following items: The Massachusetts 

Petition; correspondence from 

Massachusetts, correspondence from 

DOE, and any comments received. 

Please call Ms. Brenda Edwards-Jones at 

the above telephone number for 

additional information regarding 

visiting the Resource Room. 

Please note: DOE’s Freedom of 

Information Reading Room (formerly 

Room 1E–190 at the Forrestal Building) 

is no longer housing rulemaking 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 4549 

materials. Electronic copies of the 

Petition are available online at DOE’s 

Web site at the following URL address: 

http://www2.eere.energy.gov/buildings/ 

appliance_standards/ 

state_petitions.html. 

FOR FURTHER INFORMATION CONTACT: 

Mohammed Khan, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 586– 

7892, or e-mail: 

Mohammed.Khan@ee.doe.gov. 

Michael Kido, U.S. Department of 

Energy, Office of General Counsel, GC– 

72, 1000 Independence Avenue, SW., 

Washington, DC 20585, (202) 586–8145, 

e-mail: Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Authority 

B. Background 

1. History of Energy Conservation 

Standards for Residential Furnaces 

2. Massachusetts Petition and Summary of 

Relevant State Laws 

3. Factors to Consider in Granting or 

Declining an Exemption 

C. Submission of Comments 

I. Introduction 

This notice announces two items. 

First, it announces the receipt of a 

petition submitted by the 

Commonwealth of Massachusetts asking 

that DOE exempt the State’s standard for 

non-weatherized gas furnaces from 

preemption. The following discussion 

presents a brief summary of the 

background relevant to this matter. 

Second, DOE is providing notice that it 

is availing itself of the additional time 

permitted under its regulations to 

respond to this petition. Accordingly, 

DOE anticipates issuing its decision on 

this matter by no later than October 6, 

2010. 

A. Authority 

Part A of Title III of the Energy Policy 

and Conservation Act, as amended 

(hereafter ‘‘Act’’or EPCA) established the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles. (42 U.S.C. 6291–6309) 

Products covered under the program, 

including residential furnaces, and the 

authority to regulate them, are listed in 

section 322. (42 U.S.C. 6292) Section 

325(f) (42 U.S.C. 6295(f)) establishes 

standards for certain classes of 

residential furnaces and requires DOE to 

issue two rulemakings to consider 

further amendments. Federal 

conservation standards for residential 

products generally preempt State laws 

or regulations concerning energy 

conservation testing, labeling, and 

standards. (42 U.S.C. 6297(a)–(c)) 

However, DOE can grant waivers of 

Federal preemption (hereafter ‘‘waiver’’ 

or ‘‘exemption’’) for particular State laws 

or regulations, in accordance with the 

procedures and other provisions of 

section 327(d) of the Act. (42 U.S.C. 

6297(d)) In particular, section 

327(d)(1)(A) of EPCA provides that any 

State or river basin commission with a 

State regulation regarding energy use, 

energy efficiency, or water use 

requirements for products regulated by 

the Energy Conservation Program, may 

petition for an exemption from Federal 

preemption and seek to apply its own 

State regulation. (42 U.S.C. 

6297(d)(1)(A)) 

B. Background 

1. History of Energy Conservation 

Standards for Residential Furnaces 

Energy conservation standards for 

residential furnaces were initially 

specified by EPCA in terms of annual 

fuel utilization efficiency (AFUE). EPCA 

set minimum standards for all furnaces 

except for mobile home furnaces and 

‘‘small’’ furnaces (i.e., those units with 

an input capacity less than 45,000 

British thermal units per hour (Btu/h)) 

at 78% AFUE, with a compliance date 

of January 1, 1992. EPCA also specified 

a separate 75% AFUE standard for 

mobile home furnaces with a 

compliance date of September 1, 1990. 

(42 U.S.C. 6295(f)(1)–(2)) For furnaces 

with an input capacity less than 45,000 

Btu/h, DOE published a final rule on 

November 17, 1989 that set the 

minimum standard for those products at 

78% AFUE, with a compliance date of 

January 1, 1992. 54 FR 47916. 

2. Massachusetts Petition and Summary 

of Relevant State Laws 

On October 6, 2009, the U.S. 

Department of Energy’s Office of Energy 

Efficiency and Renewable Energy 

received the Massachusetts Petition 

requesting an exemption from Federal 

Preemption its 90% Annual Fuel 

Utilization Efficiency Standard for Nonweatherized Gas Furnaces. The DOE 

believes that the Massachusetts Petition 

conforms to the filing requirements set 

out in 10 CFR 430.42 and accepts it for 

filing. 

In its petition, the Commonwealth of 

Massachusetts asserts that its 90% 

AFUE efficiency standard for nonweatherized gas furnaces is needed to 

meet ‘‘unusual and compelling’’ interests 

that warrant granting of its petition. 

Massachusetts amended its 1986 laws 

regulating the efficiency of appliances 

in 2005 to establish the 90% AFUE 

requirement. Additionally, in 2008, the 

Commonwealth passed the Green 

Communities Act (GCA), which requires 

the electric and gas utilities to meet 

resource needs through cost effective 

energy efficiency and demand reduction 

resources, and the Global Warming 

Solutions Act (GWSA) requiring 

greenhouse gas emissions limits be set 

by 2011. (Commonwealth of MA, No. 1, 

p.22, 23) The Commonwealth further 

asserts that, collectively, these laws also 

demonstrate it has interests that are 

‘‘different in nature or magnitude than 

those prevailing in the United States 

generally.’’ (Commonwealth of MA, No. 

1, p.15). 

Due to limited resources, DOE plans 

to issue a final decision on this issue by 

October 6, 2010, which is one year from 

the date of DOE’s receipt of the 

Commonwealth’s petition. This 

extension of time, which is permitted 

under 10 CFR 430.46(c), is necessary to 

provide DOE sufficient time to review 

the materials provided by the 

Commonwealth and to evaluate any 

data and information submitted by 

interested parties during the comment 

period. 

3. Factors To Consider in Granting or 

Declining an Exemption 

Section 327(d) of EPCA sets forth 

factors that the Secretary of Energy 

(hereafter ‘‘Secretary’’) is to consider in 

evaluating whether to grant an 

exemption. (42 U.S.C. 6297(d)) Section 

327(d)(1)(B) requires the Secretary to 

grant an exemption if the Secretary 

determines that the proffered State 

regulation ‘‘is needed to meet unusual 

and compelling State or local water 

interests.’’ (42 U.S.C. 6297(d)(1)(B)) 

According to section 327(d)(1)(C) of the 

Act, ‘‘unusual and compelling’’ interests 

are defined as interests which ‘‘(i) are 

substantially different in nature or 

magnitude than those prevailing in the 

United States generally; and (ii) are such 

that the costs, benefits, burdens, and 

reliability of energy or water savings 

resulting from the State regulation make 

such regulation preferable or necessary 

when measured against the costs, 

benefits, burdens, and reliability of 

alternative approaches to energy or 

water savings or production, including 

reliance on reasonably predictable 

market-induced improvements in 

efficiency of all products subject to the 

State regulation.’’ (42 U.S.C. 

6297(d)(1)(C)) According to sections 

327(d)(3)–(4), the Secretary may not 

grant an exemption if the Secretary 

finds that the State regulation would 

‘‘significantly burden manufacturing, 

marketing, distribution, sale, or 

servicing of the covered product on a 

mstockstill on DSKH9S0YB1PROD with NOTICES

4550 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices 

national basis,’’ or ‘‘result in the 

unavailability’’ in the State of any 

covered product’s ‘‘performance 

characteristics (including reliability), 

features, sizes, capacities, and volumes 

that are substantially the same as those 

generally available in the State at the 

time of the Secretary’s finding, except 

that the failure of some classes (or types) 

to meet this criterion shall not affect the 

Secretary’s determination of whether to 

prescribe a rule for other classes (or 

types).’’ (42 U.S.C. 6297(d)(3) and (4)) To 

evaluate whether the State regulation 

will create a significant burden, the 

Secretary is to consider ‘‘all relevant 

factors,’’ including the following: 

(A) The extent to which the State 

regulation will increase manufacturing 

or distribution costs of manufacturers, 

distributors, and others; 

(B) The extent to which the State 

regulation will disadvantage smaller 

manufacturers, distributors, or dealers 

or lessen competition in the sale of the 

covered product in the State; 

(C) The extent to which the State 

regulation would cause a burden to 

manufacturers to redesign and produce 

the covered product type (or class), 

taking into consideration the extent to 

which the regulation would result in a 

reduction— 

(i) In the current models, or in the 

projected availability of models, that 

could be shipped on the effective date 

of the regulation to the State and within 

the United States; or 

(ii) In the current or projected sales 

volume of the covered product type (or 

class) in the State and the United States; 

and 

(D) The extent to which the State 

regulation is likely to contribute 

significantly to a proliferation of State 

appliance efficiency requirements and 

the cumulative impact such 

requirements would have. (U.S.C. 

6297(d)(3)(A) through (D)) 

C. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notice no 

later than the date provided at the 

beginning of the notice. Please submit 

comments, data, and information 

electronically. Send them to the 

following e-mail address: 

MAExemptPetition@ee.doe.gov. 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. 

Identify comments in electronic format 

by the docket number EERE–BT–PET– 

0024 and wherever possible include the 

electronic signature of the author. DOE 

does not accept telefacsimiles (faxes). 

In accordance with 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 about 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) when 

such information might lose its 

confidential character due to the 

passage of time; and (7) why disclosure 

of the information would be contrary to 

the public interest. 

Issued in Washington, DC, on January 22, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–1749 Filed 1–27–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. AC10–12–000] 

Black Marlin Pipeline Company; Notice 

of Filing 

January 21, 2010. 

Take notice that on November 4, 

2009, Black Marlin Pipeline Company 

submitted a request for a waiver of the 

reporting requirement to provide its 

certified public accountant (CPA) 

certification statement for the FERC 

Form No. 2–A for 2009. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211 or 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

comment date. On or before the 

comment date, it is not necessary to 

serve motions to intervene or protests 

on persons other than the Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Comment Date: February 1, 2010. 

Kimberly Bose, 

Secretary. 

[FR Doc. 2010–1679 Filed 1–27–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. AC10–23–000] 

Empire Pipeline, Inc.; Notice of Filing 

January 21, 2010. 

Take notice that on December 1, 2009, 

Empire Pipeline, Inc. submitted a 

request for a waiver of the reporting 

requirement to provide its certified 

public accountant (CPA) certification 

statement for the FERC Form No. 2 for 

2009 on the basis of the calendar year 

ending December 31, 2009, because it 

utilizes a fiscal year ending September 

30, 2009. 

Any person desiring to intervene or to 

protest this filing must file in 

accordance with Rules 211 and 214 of 

the Commission’s Rules of Practice and 

Procedure (18 CFR 385.211 or 385.214). 

Protests will be considered by the 

Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

mstockstill on DSKH9S0YB1PROD with NOTICES