13566 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules 

increased product expenditure in 

dollars. Chapters 2 and 10 of the 

preliminary TSD provide more detail on 

the NIA. 

IV. Public Participation 

DOE consulted with interested parties 

on all of the analyses and invites further 

input on these topics. The preliminary 

analytical results are subject to revision 

following review and input from the 

public. A revised TSD will be made 

available upon issuance of a NOPR. Any 

final rule will contain the final analysis 

results and be accompanied by a final 

rule TSD. 

At the preliminary analysis public 

meeting, the Department will make a 

presentation, invite discussion on the 

rulemaking process as it applies to the 

covered products, and solicit comments, 

data, and information from participants 

and other interested parties. Participants 

can also attend the public meeting via 

webinar. Registration information, 

participant instructions, and 

information about the capabilities 

available to webinar participants will be 

available through the following Web 

page: http://www1.eere.energy.gov/

buildings/appliance_standards/public_

meetings_and_comment_deadline.html. 

Participants are responsible for ensuring 

their computer systems are compatible 

with the webinar software. The 

Department encourages those who wish 

to participate in the public meeting to 

obtain the preliminary TSD and to be 

prepared to discuss its contents. 

However, public meeting participants 

need not limit their comments to the 

topics identified in the TSD. DOE is also 

interested in receiving information on 

other relevant issues that participants 

believe would affect energy 

conservation standards for these 

products or that DOE should address in 

the NOPR. 

DOE welcomes all interested parties, 

regardless of whether they participate in 

the public meeting, to submit comments 

and information in writing by the day 

listed in the DATES section. 

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 U.S. antitrust laws. 

After considering all comments and 

additional information it receives from 

interested parties or through further 

analyses, DOE will consider whether to 

propose standard levels in a NOPR. Any 

NOPR would be published in the 

Federal Register and include proposed 

energy conservation standards for the 

products covered by the rulemaking. 

Members of the public will again have 

an opportunity to submit written and 

oral comments on any proposed 

standards. 

Issued in Washington, DC, on February 20, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–04711 Filed 2–27–13; 8:45 am] 

BILLING CODE 6450–01–P 

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. 

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 highintensity 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 


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1For editorial reasons, upon codification in the 

U.S. Code, Parts B and C were re-designated Parts 

A and A–1, respectively. 

2The final determination is available at: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/product.aspx/productid/60. 

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 highintensity 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. 

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 HighIntensity 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 

determination2 (hereafter the ‘‘final 

determination’’) that standards for 

certain HID lamps are technologically 


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3 DOE published a proposed test procedure NOPR 

on December 15, 2011 (76 FR 77914). 

4The framework document and public meeting 

information can be accessed at: 

http://www1.eere.energy.gov/buildings/ 

appliance_standards/rulemaking.aspx/ruleid/23. 

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). 

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 HighIntensity 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. 

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. 

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. 

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. 


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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 higherefficacy, 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 standardscase 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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
13570 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Proposed Rules 

an interest in these issues may request 

an opportunity to make an oral 

presentation. Such persons may handdeliver 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 

FEDERAL TRADE COMMISSION 

16 CFR Part 4 

Freedom of Information Act 

AGENCY: Federal Trade Commission 

(FTC). 

ACTION: Proposed rule. 

SUMMARY: The Federal Trade 

Commission proposes to amend its 

Rules of Practice to update its fee 

schedule for provision of services in 

disseminating information and records 

to the public to reflect changes in the 

types of services that are provided, 

changes in the costs of providing 

services, and to add other fees for new 

services. 

DATES: Comments must be submitted on 

or before March 29, 2013. 

ADDRESSES: Interested parties may file a 

comment online or on paper, by 

following the instructions in the 

Request for Comment part of the 

SUPPLEMENTARY INFORMATION section 

below. Write ‘‘Fee Schedule 

Rulemaking, 16 CFR Part 4.8, Project 

No. P122102’’ on your comment, and 

file your comment online at https:// 

ftcpublic.commentworks.com/ftc/ 

feeschedule, by following the 

instructions on the web-based form. If 

you prefer to file your comment on 

paper, mail or deliver your comment to 

the following address: Federal Trade 

Commission, Office of the Secretary, 

Room H–113 (Annex T), 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

FOR FURTHER INFORMATION CONTACT: G. 

Richard Gold, Attorney, Office of the 

General Counsel, Federal Trade 

Commission, 600 Pennsylvania Avenue 


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