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[Federal Register Volume 79, Number 232 (Wednesday, December 3, 2014)]
[Proposed Rules]
[Pages 71705-71709]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28460]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2011-BT-STD-0043]
RIN 1904-AC51

Energy Conservation Standards for Miscellaneous Refrigeration 
Products: 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 preliminary analysis it has 
conducted for purposes of establishing energy conservation standards 
for miscellaneous refrigeration products. The meeting will cover the 
analytical framework, models, and tools that DOE is using to evaluate 
whether to set standards for these products; the results of preliminary 
analyses performed by DOE for the products; the potential energy 
conservation standard levels derived from these analyses that DOE could 
consider for these products; and any other issues relevant to the 
development of energy conservation standards for miscellaneous 
refrigeration products. In addition, DOE encourages written comments on 
these subjects. To inform interested parties and to facilitate this 
process, DOE has prepared an agenda, a preliminary 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/71.

DATES: DOE will hold a public meeting on Friday January 9, 2015, from 9 
a.m. to 4 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 February 2, 2015. See 
section IV, ``Public Participation,'' of this notice 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.
    Interested persons may submit comments, identified by docket number 
EERE-2011-BT-STD-0043 and/or Regulation Identification Number (RIN) 
1904-AC51, by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: WineChillers-2011-STD-0043@ee.doe.gov. Include the 
docket number EERE-2011-BT-STD-0043 and/or RIN 1904-AC51 in the subject 
line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-5B, 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.

[[Page 71706]]

     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone (202) 586-2945. If possible, 
please submit all items on 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 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    The rulemaking Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/71. This Web page contains a link to the docket for this notice 
on the regulation.gov site. The regulations.gov Web page contains 
instructions on how to access all documents in the docket, including 
public comments.
    For detailed instructions on attending the meeting and submitting 
comments, and for 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. Ashley Armstrong, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-6590. Email: 
Ashley.Armstrong@ee.doe.gov.
    In the Office of the General Counsel, contact Mr. Michael Kido, 
U.S. Department of Energy, Office of the General Counsel, GC-33, 1000 
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202) 
586-8145. Email: Michael.Kido@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority
II. History of Energy Conservation Standards Rulemaking for 
Miscellaneous Refrigeration Products
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
    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 \1\ of the Energy Policy and Conservation Act of 
1975, as amended, (EPCA or the Act), Pub. L. 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to 
improve energy efficiency and established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program 
covering most major household appliances.\2\ As part of these statutory 
provisions, EPCA permits DOE to establish energy conservation standards 
for those consumer products that are not already explicitly addressed 
by EPCA provided they meet certain threshold criteria for coverage and 
specific additional standards-related criteria. See 42 U.S.C. 6292(b) 
(laying out predicate requirements prior to treating a product as a 
newly covered product). See also 42 U.S.C. 6295(l)(1) (detailing the 
criteria that a newly covered product must meet in order to permit DOE 
to establish energy conservation standards for that product). This 
notice addresses a variety of consumer refrigeration products that DOE 
is evaluating whether to regulate.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 18, 2012).
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    The consumer products addressed by this notice are hybrid (or 
combination) refrigerators, refrigerator-freezers, and freezers (i.e., 
products that include warm compartments such as wine storage 
compartments in products that otherwise perform the functions of 
refrigerators, refrigerator-freezers, or freezers), cooled cabinets 
(including wine chillers), refrigeration products that do not use 
vapor-compression refrigeration systems (i.e., products that do not 
include a compressor and condenser unit as an integral part of the 
cabinet assembly), and ice makers. Although cooled cabinets (including 
wine chillers) that use a conventional compressor/condenser system 
already fall into the covered products category described in 42 U.S.C. 
6292(a)(1), they are not covered by energy conservation standards for 
refrigerators, refrigerator-freezers, and freezers, largely because 
they are not designed to be capable of achieving compartment 
temperatures colder than the 39 degrees Fahrenheit ([deg]F) limit 
specified in DOE's current regulatory definition for ``refrigerator.'' 
(10 CFR 430.2)
    The other remaining products listed in the previous paragraph, 
however, do not fall into the category described in 42 U.S.C. 
6292(a)(1) for coverage of consumer refrigerators, refrigerator-
freezers, and freezers. In cases such as these, where a given product 
is not explicitly covered by EPCA, DOE may classify that product as a 
covered product if doing so would satisfy the requirements of 42 U.S.C. 
6292(b)(1). That provision states that the Secretary of Energy may 
classify a type of consumer product as a covered product if: (1) 
Coverage of the product is necessary or appropriate for carrying out 
the purposes of EPCA and (2) the average annual per-household energy 
use by products of such type is likely to exceed 100 kilowatt-hours 
(kWh) per year. DOE preliminarily determined in an October 31, 2013 
notice (hereafter referred to as the October 2013 Coverage Proposal) 
that, in aggregate, the products listed above satisfy the coverage 
prerequisites of 42 U.S.C. 6292(b)(1). Consequently, DOE proposed to 
treat these products as a single new product coverage category under 
EPCA. 78 FR 65223. Should DOE issue a final determination that such 
products are covered and meet the EPCA requirements in 42 U.S.C. 
6295(l)(A), DOE would have the authority to develop energy conservation 
standards for these products.
    In a NOPR for a parallel rulemaking (hereafter referred to as the 
Test Procedure NOPR), DOE has proposed new test procedures for all the 
products in this new coverage category. The Test Procedure NOPR 
proposes that all the products covered in this rulemaking would be 
collectively defined as ``miscellaneous refrigeration products,'' which 
is the term that will be used to refer to these products in this 
document.
    DOE is required to consider standards that: (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

[[Page 71707]]

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 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 standard;
    3. The total projected amount of energy savings likely to result 
directly from the standard;
    4. Any lessening of the utility or the performance of the covered 
products likely to result from 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 
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))
    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 for the product. This notice 
announces 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 is announcing a 
public meeting to solicit feedback from interested parties on its 
analytical framework, models, and preliminary results.

II. History of Energy Conservation Standards Rulemaking for 
Miscellaneous Refrigeration Products

A. Background

    DOE does not have energy conservation standards for miscellaneous 
refrigeration products but recognizes the increasing popularity of 
these particular products. Given the projections of continued sales 
growth of these products, DOE is examining whether regulating their 
energy efficiency would satisfy the necessary statutory prerequisities 
as newly covered products and would help reduce the risk of creating 
any regulatory gaps that might result in manufacturer or consumer 
confusion regarding the energy usage of these products.

B. Current Rulemaking Process

    In initiating this rulemaking, DOE prepared a Framework Document, 
``Energy Conservation Standards Rulemaking Framework Document for Wine 
Chillers and Miscellaneous Refrigeration Products,'' which describes 
the procedural and analytical approaches DOE anticipates using to 
evaluate energy conservation standards for miscellaneous refrigeration 
products. This document is available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/71.
    DOE held a public meeting on February 20, 2012, at which it 
described 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). Representatives for manufacturers, trade associations, 
environmental and energy efficiency advocates, and other interested 
parties attended the meeting.
    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 summarizes and addresses the 
comments received.

III. Summary of the Analyses Performed by DOE

    For the products covered in this rulemaking, DOE conducted in-depth 
technical analyses in the following areas: (1) Engineering; (2) markups 
to determine product price; (3) energy use; (4) life-cycle cost and 
payback period; and (5) national impacts. The preliminary TSD that 
presents the methodology and results of each of these analyses is 
available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/71.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses that DOE 
anticipates will likely be expanded upon for a notice of proposed 
rulemaking (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 or obtained by 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 if it 
decides to issue a NOPR to propose energy conservation standards for 
the products at this time.

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
cost and efficiency levels of the product that DOE is considering 
regulating by evaluating the impacts flowing from potential energy 
conservation standards for that product. This relationship serves as 
the basis for cost-benefit calculations for individual consumers, 
manufacturers, and the Nation. The engineering analysis identifies 
representative baseline products, which is the starting point for 
analyzing technologies that provide energy efficiency improvements. 
``Baseline products'' refers to a model or models having features and 
technologies typically found in minimally-efficient products currently 
available on the market and, for products already subject to energy 
conservation standards, a model that just meets the current standard. 
After identifying the baseline models, DOE estimated manufacturer 
selling prices by using a consistent methodology and pricing scheme 
that includes material costs and manufacturer markups. Chapter 5 of the 
preliminary TSD discusses the engineering analysis.

B. Markups To Determine Prices

    DOE derives customer prices based on manufacturer markups, retailer 
markups, distributor markups, contractor markups (where appropriate), 
and sales taxes. In deriving these markups, DOE determines the major 
distribution channels for product sales, the markup associated with 
each party in each distribution channel, and the existence and 
magnitude of differences between markups for baseline products 
(baseline markups) and higher-efficiency products (incremental 
markups). DOE calculates both overall baseline and overall incremental 
markups based on the markups at each step in each distribution channel. 
Chapter 6 of the preliminary TSD addresses the markups analysis.

[[Page 71708]]

C. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of miscellaneous refrigeration products. The energy use 
analysis estimates the range of energy consumption of the products 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. Chapter 7 of the preliminary TSD addresses 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 and operating a considered product over the 
course of its lifetime. The LCC analysis compares the LCCs of products 
designed to meet possible energy conservation standards with the LCC of 
the product 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 product (energy cost, water and wastewater cost in some 
cases, and maintenance and repair cost); (3) product 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 products through savings in the 
operating cost of the product. PBP is calculated by dividing the 
incremental increase in installed cost of the higher efficiency 
product, compared to the baseline product, by the annual savings in 
operating costs. Chapter 8 of the preliminary TSD addresses 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 miscellaneous refrigeration products as 
the difference between a base-case forecast (without new standards) and 
the standards-case forecast (with standards). Cumulative energy savings 
are the sum of the annual NES determined for the lifetime of the 
products shipped from 2021 to 2050. 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. Critical inputs to this analysis include shipments projections, 
estimated product lifetimes, product installed costs and operating 
costs, product annual energy consumption, the base case efficiency 
projection, and discount rates. Chapter 10 of the preliminary TSD 
addresses the NIA.

IV. Public Participation

    DOE invites input from the public on all the topics described 
above. 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. Any final 
rule that DOE may issue establishing new energy conservation standards 
will 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 preliminary TSD from DOE's Web site and to be prepared to 
discuss its contents. Once again, a copy of the preliminary TSD is 
available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/71. 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 these products 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 
February 2, 2015 comments, data, and information on matters addressed 
in the preliminary TSD and on other matters relevant to consideration 
of energy conservation standards for miscellaneous refrigeration 
products.
    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. Afterwards, the Department will publish 
either a determination that it is declining to set standards for 
miscellaneous refrigeration products or a NOPR proposing to establish 
standards for them. The NOPR will include proposed energy conservation 
standards for the products 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. 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. 
Regina Washington at (202) 586-1214 or by email: 
regina.washington@ee.doe.gov so that the necessary procedures can be 
completed.
    DOE requires visitors to with laptop computers and other devices, 
such as tablets, to be checked upon entry into the building. Any person 
wishing to bring these devices into the Forrestal Building will be 
required to obtain a property pass. Visitors should avoid bringing 
these devices, or allow an extra 45 minutes to check in. Please report 
to the visitor's desk to have devices checked before proceeding through 
security.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific states and U.S. territories. Driver's licenses from the 
following states or territory will not be accepted for building entry 
and one of the alternate forms of ID listed below will be required. DHS 
has determined that regular driver's licenses (and ID cards) from the 
following jurisdictions are not acceptable for entry into DOE 
facilities: Alaska, American Samoa, Arizona, Louisiana, Maine, 
Massachusetts, Minnesota, New York, Oklahoma, and Washington. 
Acceptable alternate forms of Photo-ID include: U.S.

[[Page 71709]]

Passport or Passport Card; an Enhanced Driver's License or Enhanced ID-
Card issued by the states of Minnesota, New York or Washington 
(Enhanced licenses issued by these states are clearly marked Enhanced 
or Enhanced Driver's License); a military ID or other Federal 
government issued Photo-ID card.
    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/71. 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 5 p.m. on Friday, 
December 26, 2014. DOE must receive a signed original and an electronic 
copy of statements to be given at the public meeting before 5 p.m. on 
Friday, December 26, 2014.

B. Procedure for Submitting Requests To Speak

    Any person who has an interest in this 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 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 submitted before or after the public meeting, but by no 
later than the submission 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-2011-BT-STD-0043 
and/or RIN 1904-AC51 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 and availability of preliminary technical support 
document.

    Issued in Washington, DC, on November 25, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-28460 Filed 12-2-14; 8:45 am]
BILLING CODE 6450-01-P
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