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[Federal Register: June 7, 2010 (Volume 75, Number 108)]
[Notices]               
[Page 32177-32178]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jn10-29]                         

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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 Non-
Weatherized Gas Furnaces

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

ACTION: Notice of comments received on Petition for Exemption.

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SUMMARY: This notice announces the availability of materials related to 
a petition filed by the Commonwealth of Massachusetts seeking an 
exemption from Federal preemption of certain energy efficiency 
standards. It also provides an opportunity for rebuttal to those 
comments that have already been received by the Department of Energy 
(DOE) in response to this petition.

DATES: DOE will accept rebuttal statements, from the Commonwealth of 
Massachusetts until, but no later than, July 7, 2010.

ADDRESSES: The January 28, 2010 Federal Register notice (75 FR 4548) is 
available for review on the Internet at: http://www.eere.energy.gov/buildings/appliance_standards/pdfs/ma_exemption_012810.pdf.
    A document entitled ``Massachusetts Petition for Exemption from 
Preemption'' is available for review on the Internet at: http://www.eere.energy.gov/buildings/appliance_standards/pdfs/ma_state_petition.pdf.
    Comments received are available for review on the Internet at: 
http://www.eere.energy.gov/buildings/appliance_standards/state_petitions.html.
    Comments may also be obtained from Ms. Brenda Edwards-Jones, U.S. 
Department of Energy, Building Technologies Program, EE-2J, Room 1J-
018, 1000 Independence Avenue, 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 2 above of this document.
    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.

[[Page 32178]]

    Please note: DOE's Freedom of Information Reading Room (formerly 
Room 1E-190 at the Forrestal Building) is no longer housing rulemaking 
materials. Electronic copies of the Petition are available online at 
DOE's Web site at the following URL address: http://www.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-71, 1000 Independence Avenue, SW., Washington, DC 20585, (202) 586-
8145, e-mail: Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION: On January 28, 2010, DOE published a notice 
announcing the receipt of a petition submitted by the Commonwealth of 
Massachusetts. (75 FR 4548) That petition--Petition for Exemption from 
Federal Preemption of Massachusetts' 90% Annual Fuel Utilization 
Efficiency Standard for Non-weatherized Gas Furnaces (hereafter 
``Massachusetts Petition'' or ``Petition'')--sought a waiver of 
preemption from DOE to permit a standard affecting non-weatherized gas 
furnaces to remain in effect. The Massachusetts standard is higher than 
the current Federal standard for these products.
    To help DOE evaluate the merits of the Massachusetts Petition, the 
January notice invited interested members of the public to comment on 
the petition and to submit any additional information related to the 
criteria that DOE must evaluate when considering a waiver petition 
seeking an exemption from Federal preemption. These criteria are 
outlined generally in 42 U.S.C. 6297(d). DOE provided interested 
parties with an opportunity to comment through March 29, 2010. The 
comments received are available for public review at the DOE's Web site 
and can be accessed at the specified URL address provided in the 
ADDRESSES section listed above.
    As required by law, this notice provides a rebuttal comment period 
to permit the submission of rebuttals to those comments that have 
already been received by DOE, as well as any other supporting 
information or data that would assist the agency in evaluating the 
merits of the Massachusetts petition. The availability of the initial 
comments and the specific rebuttal comment period provided in this 
notice are in satisfaction of the requirements under 42 U.S.C. 
6297(d)(2).
    DOE invites all interested parties to comment on any aspects of the 
petition and on those comments that have been submitted and docketed in 
response to that petition. After examining all relevant submissions, 
including any rebuttal comments, DOE will issue its final decision in a 
manner consistent with the schedule laid out in its January 2010 
notice.

    Issued in Washington, DC, on May 27, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-13544 Filed 6-4-10; 8:45 am]
BILLING CODE 6450-01-P
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