[Federal Register Volume 75, Number 87 (Thursday, May 6, 2010)]
[Proposed Rules]
[Pages 24824-24825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-10655]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 75, No. 87 / Thursday, May 6, 2010 / Proposed 
Rules

[[Page 24824]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2010-BT-STD-0003]
RIN 1904-AC19


Energy Efficiency Program for Consumer Products: Public Meeting 
and Availability of the Framework Document for Commercial Refrigeration 
Equipment

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

ACTION: Notice of public meeting and availability of the framework 
document.

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SUMMARY: The U.S. Department of Energy (DOE) is initiating the 
rulemaking and data collection process to consider amended energy 
conservation standards for commercial refrigeration equipment (CRE). 
DOE will hold a public meeting to discuss and receive comments on its 
planned analytical approach and issues it will address in this 
rulemaking proceeding. DOE welcomes written comments and relevant data 
from the public on any subject within the scope of this rulemaking. To 
inform interested parties and to facilitate this process, DOE has 
prepared a framework document that details the analytical approach and 
identifies several issues on which DOE is particularly interested in 
receiving comment.

DATES: DOE will hold a public meeting on Tuesday, May 18, 2010, from 9 
a.m. to 5 p.m. in Washington, DC. DOE must receive requests to speak at 
the public meeting before 4 p.m., Tuesday, May 11, 2010. DOE must 
receive an electronic copy of the statement with the name and, if 
appropriate, the organization of the presenter to be given at the 
public meeting before 4 p.m., Tuesday, May 11, 2010. DOE will accept 
written comments, data, and information regarding the framework 
document before and after the public meeting, but no later than June 7, 
2010. DOE encourages all written comments, data and information to be 
submitted in electronic form.

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 planning 
to participate in the public meeting are subject to advance security 
screening procedures. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon a possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed.
    Interested parties are encouraged to submit comments electronically 
by the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail to the following address: <a href="/cdn-cgi/l/email-protection#5516071078676564657806011178656565661530307b313a307b323a23"><span class="__cf_email__" data-cfemail="5417061179666465647907001079646464671431317a303b317a333b22">[email protected]</span></a>. Include docket number EERE-2010-BT-STD-0003 and/or RIN 
1904-AC19 in the subject line of the message. All comments should 
clearly identify the name, address and, if appropriate, organization of 
the commenter.
Alternatively, interested parties may submit comments by the following 
methods:
    <bullet> Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Framework Document for 
Commercial Refrigeration Equipment, Docket No. EERE-2010-BT-STD-0003 
and/or RIN 1904-AC19, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Please submit one signed paper original.
    <bullet> Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024. Please submit one signed paper 
original.
    Docket: For access to the docket to read background documents, a 
copy of the transcript of the public meeting, or comments received, go 
to regulations.gov. Alternatively, interested parties may go to the 
U.S. Department of Energy, Resource Room of the Building Technologies 
Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington, DC 20024, 
(202) 586-2945, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. Please call Ms. Brenda Edwards first at the 
above telephone number for additional information regarding visiting 
the Resource Room.
    A copy of the framework document and a link to the Docket Web page 
is available at: http://www1.eere.energy.gov/buildings/appliance_standards/commercial/refrigeration_equipment.html.

FOR FURTHER INFORMATION CONTACT: 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. Telephone: (202) 586-2192. E-mail: <a href="/cdn-cgi/l/email-protection#3c7f545d4e50594f6370505952465d7c595912585359125b534a"><span class="__cf_email__" data-cfemail="83c0ebe2f1efe6f0dccfefe6edf9e2c3e6e6ade7ece6ade4ecf5">[email protected]</span></a>.
    Mr. Michael Kido or 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) 586-9507. E-mail: 
<a href="/cdn-cgi/l/email-protection#9dd0f4fef5fcf8f1b3d6f4f9f2ddf5ecb3f9f2f8b3faf2eb"><span class="__cf_email__" data-cfemail="327f5b515a53575e1c795b565d725a431c565d571c555d44">[email protected]</span></a>,<a href="/cdn-cgi/l/email-protection#b9fcd5d0c3d8dbdccdd197f2d6d1d5f9d1c897ddd6dc97ded6cf"><span class="__cf_email__" data-cfemail="4500292c3f242720312d6b0e2a2d29052d346b212a206b222a33">[email protected]</span></a>.
    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. E-mail: 
<a href="/cdn-cgi/l/email-protection#f5b787909b9194dbb0918294879186b59090db919a90db929a83"><span class="__cf_email__" data-cfemail="f9bb8b9c979d98d7bc9d8e988b9d8ab99c9cd79d969cd79e968f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: Part A of the Energy Policy and Conservation 
Act of 1975 (EPCA), Public Law 94-163, (42 U.S.C. 6291-6309) 
established the Energy Conservation Program for Consumer Products Other 
Than Automobiles, a program covering most major household appliances. 
Part A-1 of Title III (42 U.S.C. 6311-6317) establishes a similar 
program for ``Certain Industrial Equipment,'' which includes the 
commercial refrigeration equipment that is the focus of this notice.\1\
---------------------------------------------------------------------------

    \1\ These two parts were titled Parts B and C in EPCA, but were 
codified as Parts A and A-1 in the United States Code for editorial 
reasons.
---------------------------------------------------------------------------

    Amendments to EPCA in the Energy Policy Act of 2005 (EPACT 2005), 
Public Law 109-58, prescribed energy conservation standards for some 
commercial refrigeration equipment. (42 U.S.C. 6313(c)(2)-(3)) A 
summary of

[[Page 24825]]

these standards can also be found in section 1.4 of the framework 
document.
    In addition, Section 136(c)(4)(A) of EPACT 2005 amended EPCA to 
mandate that DOE set standards for the following additional categories 
of commercial refrigeration equipment: Ice-cream freezers; self-
contained commercial refrigerators, freezers, and refrigerator-freezers 
without doors; and remote condensing commercial refrigerators, 
freezers, and refrigerator-freezers (42 U.S.C. 6313(c)(4)(A)). DOE 
undertook a rulemaking process beginning in April 2006, when it 
published a Rulemaking Framework for Commercial Refrigeration Equipment 
Including Ice-Cream Freezers; Self-Contained Commercial Refrigerators, 
Freezers, and Refrigerator-Freezers without doors; and Remote 
Condensing Commercial Refrigerators, Freezers, and Refrigerator-
Freezers. The final rule was published on January 9, 2009. (74 FR 
1091).
    The EPACT 2005 amendments to EPCA also require DOE to conduct two 
cycles of rulemakings to determine whether to amend the standards for 
commercial refrigeration, both those prescribed by EPACT 2005 and those 
prescribed by DOE. (42 U.S.C. 6313(c)(5)(A)-(B)). In the first cycle, 
the subject of this rulemaking, DOE must publish a final rule 
establishing such amended standards by January 1, 2013 if DOE 
determines to amend the standards. (42 U.S.C. 6313(c)(5)(A)). Any 
amended standards adopted by DOE would apply to products manufactured 
three years or more after the date of publication, except that if DOE 
decides that a three-year period is inadequate, it shall provide a 
longer period not to exceed five years. (42 U.S.C. 6313(c)(5)(C)). This 
framework document is being published as a first step in meeting these 
statutory requirements.
    DOE also considered standby and off mode for commercial 
refrigeration equipment and does not currently believe that these modes 
of operation are applicable to this equipment. As described in more 
detail in the framework document, commercial refrigeration equipment 
generally operates continuously. DOE plans, however, to examine the 
issue and address standby and off mode energy use in the analyses 
conducted over the course of the energy conservation standards 
rulemaking.
    To initiate this rulemaking cycle for the consideration of amended 
energy conservation standards for commercial refrigeration equipment, 
DOE has prepared a framework document to explain the relevant issues, 
analyses, and processes it anticipates using to determine whether to 
amend the standards, and, if so, for the development of such amended 
standards. The focus of the public meeting noted above will be to 
discuss the analyses presented and issues identified in the framework 
document. At the public meeting, DOE will make a number of 
presentations, invite discussion on the rulemaking process as it 
applies to commercial refrigeration equipment, and solicit comments, 
data, and information from participants and other interested parties.
    DOE is planning to conduct in-depth technical analyses in the 
following areas: (1) Engineering; (2) energy-use characterization; (3) 
product price; (4) life-cycle cost (LCC) and payback period (PBP); (5) 
national impacts analysis (NIA); (6) manufacturer impact analysis; (7) 
utility impact analysis; (8) employment impact analysis; (9) 
environmental assessment; and (10) regulatory impact analysis. DOE will 
also conduct several other analyses that support those previously 
listed, including the market and technology assessment, the screening 
analysis (which contributes to the engineering analysis), and the 
shipments analysis (which contributes to the national impact analysis).
    DOE encourages those who wish to participate in the public meeting 
to obtain the framework document and to be prepared to discuss its 
contents. A copy of the draft framework document is available at: 
http://www1.eere.energy.gov/buildings/appliance_standards/commercial/refrigeration_equipment.html.
    Public meeting participants need not limit their comments to the 
issues identified in the framework document. DOE is also interested in 
comments on other relevant issues that participants believe would 
affect energy conservation standards for this equipment, applicable 
test procedures, or the preliminary determination on the scope of 
coverage. DOE invites all interested parties, whether or not they 
participate in the public meeting, to submit in writing by June 7, 
2010, comments and information on matters addressed in the framework 
document and on other matters relevant to DOE's consideration of 
amended standards for commercial refrigeration equipment.
    The public meeting will be conducted in an informal, facilitated, 
conference style. There shall be no discussion of proprietary 
information, costs or prices, market shares, or other commercial 
matters regulated by U.S. antitrust laws. A court reporter will record 
the proceedings of the public meeting, after which a transcript will be 
available for purchase from the court reporter and placed on the DOE 
Web site at: http://www.eere.energy.gov/buildings/appliance_standards/commercial/refrigeration_equipment.html.
    After the public meeting and the close of the comment period on the 
framework document, DOE will begin collecting data, conducting the 
analyses as discussed in the framework document and at the public 
meeting, and reviewing the public comments it receives.
    DOE considers public participation to be a very important part of 
the process for determining whether to amend energy conservation 
standards, and if so, in setting those amended standards. DOE actively 
encourages the participation and interaction of the public during the 
comment period in each stage of the rulemaking process. Beginning with 
the framework document, and during each subsequent public meeting and 
comment period, interactions with and between members of the public 
provide a balanced discussion of the issues to assist DOE in the 
standards rulemaking process. Accordingly, anyone who wishes to 
participate in the public meeting, receive meeting materials, or be 
added to the DOE mailing list to receive future notices and information 
about this rulemaking should contact Ms. Brenda Edwards at (202) 586-
2945, or via e-mail at <a href="/cdn-cgi/l/email-protection#f3b181969d9792ddb6978492819780b39696dd979c96dd949c85"><span class="__cf_email__" data-cfemail="cd8fbfa8a3a9ace388a9baacbfa9be8da8a8e3a9a2a8e3aaa2bb">[email protected]</span></a>.

    Issued in Washington, DC, on April 30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-10655 Filed 5-5-10; 8:45 am]
BILLING CODE 6450-01-P


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