[Federal Register Volume 75, Number 106 (Thursday, June 3, 2010)]
[Proposed Rules]
[Pages 31323-31324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13387]


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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. 106 / Thursday, June 3, 2010 / 
Proposed Rules

[[Page 31323]]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2010-BT-STD-0011]
RIN 1904-AC22


Energy Efficiency Program: Energy Conservation Standards Furnace 
Fans: Public Meeting and Availability of the Framework Document

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 establishing new 
energy conservation standards or energy use standards for the use of 
electricity for purposes of circulating air through duct work of 
residential heating and cooling systems (hereinafter referred to as 
``furnace fans''). To inform interested parties and to facilitate this 
process, DOE has prepared a framework document that details the 
analytical approach and scope of coverage for the rulemaking, and 
identifies several issues on which DOE is particularly interested in 
receiving comment. DOE will hold an informal public meeting to discuss 
and receive comments on its analytical approach and the issues it will 
address in this rulemaking proceeding. DOE welcomes written comments 
from the public on any subject within the scope of this rulemaking. A 
copy of the framework document is available at: http://www.eere.energy.gov/buildings/appliance_standards/residential/furnace_fans.html.

DATES: DOE will hold a public meeting on Friday, June 18, 2010, from 9 
a.m. to 4 p.m., in Washington, DC. DOE must receive requests to speak 
at the public meeting before 4 p.m., Friday, June 4, 2010. DOE must 
receive a signed original and an electronic copy of the statement to be 
given at the public meeting before 4 p.m., Friday, June 11, 2010. DOE 
will accept written comments, data, and information regarding the 
framework document before and after the public meeting, but no later 
than July 6, 2010.

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 as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed.
    Interested parties may submit comments, identified by docket number 
EERE-2010-BT-STD-0011 and/or Regulation Identifier Number (RIN) 1904-
AC22, by any of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#dd9ba8afb39bbcb3aef0efedecedf08e8999f0ededecec9db8b8f3b9b2b8f3bab2ab"><span class="__cf_email__" data-cfemail="6721121509210609144a555756574a3433234a575756562702024903080249000811">[email protected]</span></a>. Include docket 
number EERE-2010-BT-STD-0011 and/or RIN 1904-AC22 in the subject line 
of the message.
    <bullet> Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Framework Document for 
Furnace Fans, Docket No. EERE-2010-BT-STD-0011 and/or RIN 1904-AC22, 
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 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.

FOR FURTHER INFORMATION CONTACT: Mr. Mohammed Khan, 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) 586-7892. E-mail: 
<a href="/cdn-cgi/l/email-protection#9bd6f4f3faf6f6feffb5d0f3faf5dbfefeb5fff4feb5fcf4ed"><span class="__cf_email__" data-cfemail="a7eac8cfc6cacac2c389eccfc6c9e7c2c289c3c8c289c0c8d1">[email protected]</span></a>.
    Mr. Eric Stas, 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#6a2f18030944391e0b192a021b440e050f440d051c"><span class="__cf_email__" data-cfemail="a9ecdbc0ca87faddc8dae9c1d887cdc6cc87cec6df">[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#8bc9f9eee5efeaa5ceeffceaf9eff8cbeeeea5efe4eea5ece4fd"><span class="__cf_email__" data-cfemail="dd9fafb8b3b9bcf398b9aabcafb9ae9db8b8f3b9b2b8f3bab2ab">[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. 
Subsequent amendments to EPCA have given DOE expanded authority to 
regulate the energy efficiency of several other products, including the 
use of electricity for purposes of circulating air through duct work of 
residential heating and cooling systems (furnace fans), which is the 
focus of this notice. Section 135(c) of the Energy Policy Act (EPACT) 
of 2005, Public Law 109-58, amended section 325 of EPCA by giving DOE 
the authority to consider and prescribe energy conservation standards 
or energy use standards for electricity used for the purposes of 
circulating air through duct work. (42 U.S.C. 6295(f)(4)(D)) Section 
304 of the Energy Independence and Security Act of 2007 (EISA 2007), 
Public Law 110-140, further amended section 325 of EPCA by mandating 
that the Secretary publish a final rule establishing energy 
conservation or energy use standards ``not later than December 31, 
2013.'' (42 U.S.C. 6295(f)(4)(D)) This framework document is being 
published as a first step towards meeting this statutory requirement.

[[Page 31324]]

    In addition to requiring DOE to establish new energy conservation 
standards or energy use standards for furnace fans, EPCA generally 
directs DOE to establish test procedures for new covered products, such 
as furnace fans. (42 U.S.C. 6295(r)) Furthermore, section 310(3) of the 
Energy Independence and Security Act of 2007 (EISA 2007) amended EPCA 
to require that any new or amended energy conservation standard adopted 
after July 1, 2010, shall address standby mode and off mode energy use 
pursuant to 42 U.S.C. 6295(o). (42 U.S.C. 6295(gg)(3)) Pursuant to 
these mandates, DOE is also initiating a furnace fan test procedure 
rulemaking at this time. Accordingly, DOE is including in this 
framework document its preliminary review of any industry test 
procedures or testing methods used to characterize the performance of 
furnace fans in all modes of operation. DOE has also outlined a number 
of issues for comment regarding the testing of furnace fans, and it 
will consider the feedback received in response to this framework 
document in its development of a proposed test procedure for furnace 
fans. DOE intends to issue a separate notice of proposed rulemaking 
(NOPR) addressing the test procedures for furnace fans. When the 
furnace fan test procedure final rule is published, DOE will have 
complied with EPCA's statutory requirements for test procedures.
    To initiate the furnace fan rulemaking, DOE has prepared a 
framework document to explain the issues, analyses, and processes it 
anticipates using in considering the development of new energy 
conservation standards or energy use standards for furnace fans. Also 
included in this framework document is a detailed summary of a 
preliminary test procedure that DOE is considering for use in 
developing its own test procedure and for use in the development of 
energy conservation standards for furnace fans.
    The main 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 certain furnace 
fans, and solicit comments, data, and information from participants and 
other interested parties. DOE will also invite comment on its 
preliminary determination of the scope of coverage for the furnace fan 
energy conservation standard and its preliminary analysis of the 
development of a test procedure for furnace fans.
    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 framework document is available at: 
www.eere.energy.gov/buildings/appliance_standards/residential/furnace_fans.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 or energy use standards for this 
product, 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 
July 6, 2010 comments and information on matters addressed in the 
framework document and on other matters relevant to DOE's consideration 
of new standards for furnace fans.
    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: www.eere.energy.gov/buildings/appliance_standards/residential/furnace_fans.html.
    After the public meeting and the close of the comment period, DOE 
will begin collecting data, conducting the analyses as discussed in the 
framework document and at the public meeting, and reviewing the public 
comments. These actions will be taken to develop an energy conservation 
standards NOPR and separate test procedure NOPR for furnace fans.
    DOE considers public participation to be a very important part of 
the process for setting energy conservation 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 and assist DOE in the 
standards rulemaking process. 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#f0b282959e9491deb5948791829483b09595de949f95de979f86"><span class="__cf_email__" data-cfemail="fab8889f949e9bd4bf9e8d9b889e89ba9f9fd49e959fd49d958c">[email protected]</span></a>.

    Issued in Washington, DC, on May 27, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-13387 Filed 6-2-10; 8:45 am]
BILLING CODE 6450-01-P


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