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[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Proposed Rules]
[Pages 3404-3408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1350]

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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2010-BT-STD-0037]
RIN 1904-AC39

Energy Conservation Standards for Automatic Commercial Ice 
Makers: Public Meeting and Availability of the Preliminary Technical 
Support Document

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

ACTION: Notice of public meeting and availability of preliminary 
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 equipment classes that DOE plans 
to analyze for establishing energy conservation standards for automatic 
commercial ice makers; the analytical framework, models, and tools that 
DOE is using to evaluate standards for this equipment; the results of 
preliminary 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 automatic 
commercial ice makers. In addition, DOE encourages written comments on 
these subjects. To inform interested parties and facilitate this 
process, DOE has prepared an agenda, a preliminary technical support 
document (preliminary TSD), and briefing materials.

DATES: DOE will hold a public meeting on February 16, 2011, from 9 a.m. 
to 2 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 March 9, 2012. 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, 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 
of 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.
    Interested persons may submit comments, identified by docket number 
EERE-2010-BT-STD-0037 or Regulation Identification Number (RIN) 1904-
AC39, by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: ACIM-2010-STD-0037@ee.doe.gov. Include the docket 
number EERE-2010-BT-STD-0037 and/or RIN 1904-AC39 in the subject line 
of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Public Meeting for 
Automatic Commercial Ice Makers, EERE-2010-BT-STD-0037, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone (202) 
586-2945. If possible, please submit all items on CD. It is not 
necessary to include printed copies.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., 6th 
Floor, Washington, DC 20024. Telephone (202) 586-2945. If possible, 
please submit all items on CD. 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 
attendee lists and transcripts, comments, and other supporting

[[Page 3405]]

documents/materials. All documents in the docket are listed in the 
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 regulations.gov Web page will contain 
instructions on how to access all documents in the docket, including 
public comments.
    The rulemaking Web page can be found at: www.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html. This Web page contains a link to the docket for this 
notice on regulations.gov.
    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.
    DOE has prepared an agenda, a preliminary TSD, and briefing 
materials, which are available at: www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html.

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information to Mr. Charles Llenza, U.S. Department of Energy, Office of 
Energy Efficiency and Renewable Energy, Building Technologies, EE-2J, 
1000 Independence Avenue SW., Washington, DC 20585-0121, (202) 586-
2192. Email: Charles.Llenza@ee.doe.gov.
    In the Office of General Counsel, contact Mr. Ari Altman, U.S. 
Department of Energy, Office of the General Counsel, GC-71, 1000 
Independence Avenue SW., Washington, DC 20585-0121, (202) 287-6307, 
Ari.Altman@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 Program, EE-2J, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. Telephone (202) 586-2945. Email: 
Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Statutory Authority
II. History of Standards Rulemaking for Automatic Commercial Ice 
Makers
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
    A. Engineering Analysis
    B. Markups To Determine Installed Price
    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. Statutory Authority

    Title III of the Energy Policy and Conservation Act of 1975, as 
amended, (EPCA or the Act) sets forth a variety of provisions designed 
to improve energy efficiency. Part B of title III (42 U.S.C. 6291-6309) 
provides for the Energy Conservation Program for Consumer Products 
Other Than Automobiles. Part C of title III, which established an 
energy conservation program for certain industrial equipment \1\ (42 
U.S.C. 6311-6317), includes provisions for the subject of this 
rulemaking: automatic commercial ice makers.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Parts B and C were re-designated as Parts A and A-1, respectively.
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    Pursuant to EPCA, DOE's energy conservation program for covered 
equipment consists essentially of four parts: (1) Testing; (2) 
labeling; (3) establishment of Federal energy conservation standards; 
and (4) certification and enforcement procedures. Subject to certain 
criteria and conditions, DOE has authority to establish mandatory 
energy conservation standards for automatic commercial ice makers. (42 
U.S.C. 6311(19) and 6313(d))
    EPCA prescribes energy conservation standards for automatic 
commercial ice makers that produce cube type ice with capacities 
between 50 and 2,500 pounds of ice per 24-hour period. (42 U.S.C. 
6313(d)(1)) EPCA requires DOE to review these standards and determine, 
by January 1, 2015, whether amending the applicable standards is 
technologically feasible and economically justified. (42 U.S.C. 
6313(d)(3)(A)) In the current rulemaking, DOE is reviewing the 
standards set by EPCA to determine if amended standards are 
technologically feasible and economically justified for automatic 
commercial ice makers covered by the current standards. DOE is also 
proposing, under 42 U.S.C. 6313(d)(2), standards for other types of 
automatic commercial ice makers, including continuous type ice makers, 
tube type ice makers, and equipment with capacities up to 4,000 pounds 
of ice per 24 hours.
    EPCA provides criteria for prescribing new or amended standards for 
automatic commercial ice makers. DOE is required to design each 
standard for this equipment to: (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); 6313(d)(4)) 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 to the greatest extent practicable, 
using the following seven factors:
    1. The economic impact of the standard on manufacturers and 
consumers of equipment subject to the standard;
    2. The savings in operating costs throughout the estimated average 
life of the covered equipment in the type (or class) compared to any 
increase in the price, initial charges, or maintenance expenses for the 
covered equipment 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 
equipment 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.

(See 42 U.S.C. 6295(o)(2)(B)(i) and 6313(d)(4))
    EPCA also directs that DOE may not prescribe an amended or new 
standard if the standard is likely to result in the unavailability in 
the United States of performance characteristics (including 
reliability), features, sizes, capacities, and volumes that are 
substantially the same as those generally available in the United 
States at the time that the standard is prescribed. (42 U.S.C. 
6295(o)(4) and 6313(d)(4))
    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE will use to 
evaluate standards for the product at issue and the results of 
preliminary analyses DOE performed

[[Page 3406]]

for the product. DOE publishes this document to announce the 
availability of the preliminary TSD, which details the preliminary 
analyses, discusses the comments DOE received from interested parties 
on the Framework document, and summarizes the preliminary results of 
DOE's analyses. In addition, DOE announces a public meeting to solicit 
feedback from interested parties on its analytical framework, models, 
and preliminary results.

II. History of Standards Rulemaking for Automatic Commercial Ice Makers

A. Background

    EPCA, as amended by the Energy Policy Act of 2005, prescribes 
energy conservation standards for certain cube type automatic 
commercial ice makers with harvest rates between 50 and 2,500 pounds of 
ice per 24 hours: Self-contained ice makers and ice-making heads using 
air or water for cooling and ice makers with remote condensing with or 
without a remote compressor. Compliance with these standards was 
required as of January 1, 2010. (42 U.S.C. 6313(d)(1)) DOE adopted 
these standards and placed them under title 10 of the Code of Federal 
Regulations (CFR) part 431, subpart H, Automatic Commercial Ice Makers.
    EPCA requires DOE to conduct a rulemaking to determine whether to 
amend the standards established under 42 U.S.C. 6313(d)(1), and if DOE 
determines that amendment is warranted, DOE must also issue a final 
rule establishing such amended standards by January 1, 2015. (42 U.S.C. 
6313(d)(3)(A)).
    In addition, EPCA granted DOE authority to set standards for 
additional types of automatic commercial ice makers that are not 
covered in 42 U.S.C. 6313(d)(1). (42 U.S.C. 6313(d)(2)(A)) While not 
enumerated in EPCA, additional types of automatic commercial ice makers 
DOE identified as candidates for standards to be established in this 
rulemaking include flake, nugget, as well as batch type ice makers that 
are not included in the EPCA definition of cube type ice makers.

B. Current Rulemaking Process

    In initiating this rulemaking, DOE prepared a Framework document, 
``Rulemaking Framework for Automatic Commercial Ice Makers,'' which 
describes the procedural and analytical approaches DOE anticipates 
using to evaluate energy conservation standards for automatic 
commercial ice makers. DOE published a notice that announced both the 
availability of the Framework document and a public meeting to discuss 
the proposed analytical framework for the rulemaking. That notice also 
invited written comments from the public. 75 FR 70852 (Nov. 19, 2010). 
The Framework document is available at: www1.eere.energy.gov/buildings/appliance_standards/commercial/pdfs/acim_framework_2010_11_04.pdf.
    DOE held a public meeting on December 16, 2010, at which it 
presented the various analyses DOE would conduct as part of the 
rulemaking, such as the engineering analysis, the life-cycle cost (LCC) 
and payback period (PBP) analyses, and the national impact analysis 
(NIA). Manufacturers, trade associations, environmental and energy 
efficiency advocates, and other interested parties attended the 
meeting. The participants discussed the following major topics: (1) 
Issues pertaining to the scope of coverage of the current rulemaking; 
(2) equipment classes; (3) analytical approaches and methods used in 
the rulemaking; (4) impacts of standards and burden on manufacturers; 
(5) technology options; (6) distribution channels, shipments, and end 
users; (7) impacts of outside regulations; and (8) environmental 
issues.
    Comments received since publication of the Framework document have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD, available at the web 
address given in section III and in the ADDRESSES section of this 
notice, summarizes and addresses the comments received in response to 
the Framework document.

III. Summary of the Analyses Performed by DOE

    For the automatic commercial ice makers covered in this rulemaking, 
DOE conducted in-depth technical analyses in the following areas: (1) 
Engineering; (2) markups to determine equipment price; (3) life-cycle 
cost and payback period; and (4) national impacts. The preliminary TSD 
that presents the methodology and results of each of these analyses is 
available at: www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses. 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 identified the methods to be used 
for the LCC subgroup analysis, the emissions analysis, the employment 
analysis, the regulatory impact analysis, and the utility impact 
analysis. DOE will expand on these analyses in the notice of proposed 
rulemaking (NOPR).

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
manufacturer selling price and equipment efficiency that DOE is 
evaluating for energy conservation standards. This relationship serves 
as the basis for cost-benefit calculations for individual consumers, 
manufacturers, and the nation. The engineering analysis identifies 
representative baseline equipment, which is the starting point for 
analyzing technologies that provide energy efficiency improvements. 
Baseline equipment refers to a model or models having features and 
technologies typically found in the minimum efficiency equipment 
currently available on the market. After identifying the baseline 
models, DOE estimated manufacturer selling prices by using a consistent 
methodology and pricing scheme that included material costs, cost of 
shipping, and manufacturer markups. DOE used these inputs to develop 
manufacturer selling prices for the baseline and more efficient 
designs. Later, in the markups to determine the installed price 
analysis, DOE converts these manufacturer selling prices into installed 
prices. In the preliminary TSD, section 2.5 of chapter 2 and chapter 5 
each provide details on the engineering analysis and the derivation of 
the manufacturer selling prices.

B. Markups To Determine Installed Price

    DOE derives the installed prices for equipment based on 
manufacturer markups, distributor markups, contractor markups, and 
sales taxes. In deriving these markups, DOE determined the major 
distribution channels for equipment sales, the markup associated with 
each party in each distribution channel, and the existence and 
magnitude of differences between markups for baseline equipment 
(baseline markups) and higher efficiency equipment (incremental 
markups). DOE calculates both overall baseline and overall incremental 
markups based on the equipment markups at each step in each 
distribution channel. In the preliminary TSD, section 2.6 of chapter 2 
and chapter 6 provide detail on the estimation of markups.

[[Page 3407]]

C. Energy Use Analysis

    DOE carries out the energy use analysis to estimate the energy 
consumption of the automatic commercial ice makers installed in the 
field, such as in hospitals and restaurants. Details of the energy use 
analysis are provided in section 2.7 of chapter 2 and chapter 7 of the 
TSD.

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 the 
equipment to the customer over the life of the equipment. The LCC 
analysis compares the LCCs of equipment designed to meet possible 
energy conservation standards with the LCCs 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, sales taxes, distribution chain markups, 
and installation cost); (2) the operating cost of the equipment (energy 
cost, water and wastewater cost, 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 efficiency 
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 equipment, compared to baseline equipment, by the 
annual savings in operating costs. Section 2.8 of chapter 2 and chapter 
8 of the preliminary TSD provide details on the LCC and PBP analyses.

E. National Impact Analysis

    The NIA estimates the national energy savings (NES) and the net 
present value (NPV) of total consumer costs and savings expected to 
result from new standards at specific efficiency levels (referred to as 
candidate standard levels). DOE calculated NES and NPV for each 
candidate standard level for automatic commercial ice makers as the 
difference between a base-case forecast (without new standards) and the 
standards-case forecast (with standards). DOE determined national 
annual energy consumption by multiplying the number of units in use (by 
vintage) by the average unit energy consumption (also by vintage). 
Cumulative energy savings are the sum of the annual NES determined from 
2016-2045. The national 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. Critical 
inputs to this analysis include shipments projections, equipment 
retirement rates (based on estimated equipment lifetimes), equipment 
installed costs and operating costs, equipment annual energy 
consumption, and discount rates. Section 2.10 of chapter 2 and chapter 
10 of the preliminary TSD provide details on the NIA.

IV. Public Participation

    DOE invites input from the public on all of the topics described 
herein. The preliminary 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 a NOPR. The final 
rule establishing any amended energy conservation standards will 
contain the final analysis results and be accompanied by a final rule 
TSD.
    DOE encourages those who wish to participate in the public meeting 
to obtain the preliminary TSD from DOE's Web site and to be prepared to 
discuss its contents. A copy of the preliminary TSD is available at: 
www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html. However, public meeting 
participants need not limit their comments to the topics identified in 
the preliminary TSD. DOE is also interested in receiving views 
concerning other relevant issues that participants believe would affect 
energy conservation standards for this equipment 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 
March 9, 2012 comments and information on matters addressed in the 
preliminary TSD and on other matters relevant to consideration of 
standards for automatic commercial ice makers.
    The public meeting 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 
or 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, and prepare a NOPR. The NOPR will 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 of proposed public 
meeting (NOPM). 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: https://www1.gotomeeting.com/register/746214648. 
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 proposed rulemaking. 
DOE must receive requests to speak at the meeting before 4 p.m., 
February 2, 2012. DOE must receive a signed original and an electronic 
copy of statements to be given at the public meeting before 4 p.m., 
February 2, 2012.

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 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 NOPM between 9 a.m. and 4 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

[[Page 3408]]

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 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 the 
proposed rule before or after the public meeting, but no later than the 
date provided at the beginning of this NOPM. 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-0037 and/or RIN 1904-AC39 and 
wherever possible carry the electronic signature of the author. No 
telefacsimiles (faxes) will be accepted.
    According 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 NOPM.

    Issued in Washington, DC, on January 17, 2012.
Kathleen B. Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
[FR Doc. 2012-1350 Filed 1-23-12; 8:45 am]
BILLING CODE 6450-01-P
```