5658 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2016–BT–STD– 

0004] 

RIN 1904–AD61 

Appliance Standards and Rulemaking 

Federal Advisory Committee: Notice of 

Intent To Establish a Working Group 

for Circulator Pumps To Negotiate a 

Notice of Proposed Rulemaking for 

Energy Conservation Standards 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice of intent and 

announcement of public meeting. 

SUMMARY: The U.S. Department of 

Energy (‘‘DOE’’ or, in context, ‘‘the 

Department’’) is giving notice of a 

public meeting and that DOE intends to 

establish a negotiated rulemaking 

working group under the Appliance 

Standards and Rulemaking Federal 

Advisory Committee (‘‘ASRAC’’) in 

accordance with the Federal Advisory 

Committee Act (‘‘FACA’’) and the 

Negotiated Rulemaking Act (‘‘NRA’’) to 

negotiate proposed amended energy 

conservation standards for circulator 

pumps. The purpose of the working 

group will be to discuss and, if possible, 

reach consensus on a proposed rule 

regarding definitions, test procedures, 

and energy conservation standards, as 

authorized by the Energy Policy and 

Conservation Act (EPCA) of 1975, as 

amended. The working group will 

consist of representatives of parties 

having a defined stake in the outcome 

of the proposed standards, and will 

consult as appropriate with a range of 

experts on technical issues. Per the 

ASRAC Charter, the working group is 

expected to make a concerted effort to 

negotiate a final term sheet by 

September 30, 2016. 

DATES: DOE will host the first Working 

Group meeting, which is open to the 

public, and will be broadcast via 

webinar on March 3, 2016 from 9 a.m. 

to 5 p.m. in Washington, DC. 

Written comments and applications 

(i.e., cover letter, resume, and answers 

to application questions) to be 

appointed as members of the working 

group are welcome and should be 

submitted by February 17, 2016. 

ADDRESSES: U.S. Department of Energy, 

Building Technologies Office, 950 

L’Enfant Plaza SW., Washington, DC 

20024, Room 6097. Individuals will also 

have the opportunity to participate by 

webinar. To register for the webinar and 

receive call-in information, please 

register https://attendee.gotowebinar.

com/register/2255868378911535105. 

Interested person may submit 

comments and an application for 

membership (which must include a 

cover letter describing their experience 

on negotiating committees and their 

direct impact on the negotiations, if 

applicable, and listed qualifications for 

being selected to this working group and 

a resume,), identified by docket number 

EERE–2016–BT–STD–0004, via any of 

the following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ASRAC@ee.doe.gov. Include 

docket number EERE–2016–BT–STD– 

0004 in the subject line of the message. 

3. Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Office, 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. 

4. 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 a CD, in which case 

it is not necessary to include printed 

copies. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at regulations.gov, including 

Federal Register notices, public meeting 

attendee lists and transcripts, 

comments, and other supporting 

documents/materials. All documents in 

the docket are listed in the EERE–2016– 

BT–STD–0004 index. However, not all 

documents listed in the index may be 

publicly available, such as information 

that is exempt from public disclosure. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, U.S. Department of Energy, 

Office of Building Technologies (EE–2J), 

950 L’Enfant Plaza SW., Washington, 

DC 20024. Phone: 202–287–1692. Email: 

asrac@ee.doe.gov 

SUPPLEMENTARY INFORMATION: 

I. Authority 

II. Background 

III. Proposed Negotiating Procedures 

IV. Comments Requested 

V. Public Participation 

VI. Approval of the Office of the Secretary 

I. Authority 

DOE is announcing its intent to 

negotiate proposed definitions, test 

procedures, and energy conservation 

standards for circulator pumps under 

the authority of sections 563 and 564 of 

the NRA (5 U.S.C. 561–570, Pub. L. 

104–320). The regulation of circulator 

pump standards that DOE is proposing 

to develop under a negotiated 

rulemaking will be developed under the 

authority of EPCA, as amended, 42 

U.S.C. 6311(1) and 42 U.S.C. 6291 et 

seq. 

II. Background 

As required by the NRA, DOE is 

giving notice that it is establishing a 

working group under ASRAC to discuss 

proposed energy conservation standards 

for circulator pumps. 

A. Negotiated Rulemaking 

DOE is supporting the use of the 

negotiated rulemaking process to 

discuss and develop proposed 

definitions, test procedures, and energy 

conservation standards for circulator 

pumps The primary reason for using the 

negotiated rulemaking process for this 

product is that stakeholders strongly 

support a consensual rulemaking effort. 

DOE believes such a regulatory 

negotiation process will be less 

adversarial and better suited to 

resolving complex technical issues. An 

important virtue of negotiated 

rulemaking is that it allows expert 

dialog that is much better than 

traditional techniques at getting the 

facts and issues right and will result in 

a proposed rule that will effectively 

reflect Congressional intent. 

A regulatory negotiation will enable 

DOE to engage in direct and sustained 

dialog with informed, interested, and 

affected parties when drafting the 

regulation, rather than obtaining input 

during a public comment period after 

developing and publishing a proposed 

rule. A rule drafted by negotiation with 

informed and affected parties is 

expected to be potentially more 

pragmatic and more easily implemented 

than a rule arising from the traditional 

process. Such rulemaking improvement 

is likely to provide the public with the 

full benefits of the rule while 

minimizing the potential negative 

impact of a proposed regulation 

conceived or drafted without the full 

prior input of outside knowledgeable 

parties. Because a negotiating working 

group includes representatives from the 

major stakeholder groups affected by or 

interested in the rule, the number of 

public comments on the proposed rule 

may be decreased. DOE anticipates that 

there will be a need for fewer 

substantive changes to a proposed rule 

developed under a regulatory 

negotiation process prior to the 

publication of a final rule. 

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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5659 

B. The Concept of Negotiated 

Rulemaking 

Usually, DOE develops a proposed 

rulemaking using Department staff and 

consultant resources. Congress noted in 

the NRA, however, that regulatory 

development may ‘‘discourage the 

affected parties from meeting and 

communicating with each other, and 

may cause parties with different 

interests to assume conflicting and 

antagonistic positions * * *.’’ 5 U.S.C. 

561(2)(2). Congress also stated that 

‘‘adversarial rulemaking deprives the 

affected parties and the public of the 

benefits of face-to-face negotiations and 

cooperation in developing and reaching 

agreement on a rule. It also deprives 

them of the benefits of shared 

information, knowledge, expertise, and 

technical abilities possessed by the 

affected parties.’’ 5 U.S.C. 561(2)(3). 

Using negotiated rulemaking to 

develop a proposed rule differs 

fundamentally from the Departmentcentered process. In negotiated 

rulemaking, a proposed rule is 

developed by an advisory committee or 

working group, chartered under FACA, 

5 U.S.C. App. 2, composed of members 

chosen to represent the various interests 

that will be significantly affected by the 

rule. The goal of the advisory committee 

or working group is to reach consensus 

on the treatment of the major issues 

involved with the rule. The process 

starts with the Department’s careful 

identification of all interests potentially 

affected by the rulemaking under 

consideration. To help with this 

identification, the Department publishes 

a notice of intent such as this one in the 

Federal Register, identifying a 

preliminary list of interested parties and 

requesting public comment on that list. 

Following receipt of comments, the 

Department establishes an advisory 

committee or working group 

representing the full range of 

stakeholders to negotiate a consensus on 

the terms of a proposed rule. 

Representation on the advisory 

committee or working group may be 

direct; that is, each member may 

represent a specific interest, or may be 

indirect, such as through trade 

associations and/or similarly-situated 

parties with common interests. The 

Department is a member of the advisory 

committee or working group and 

represents the Federal government’s 

interests. The advisory committee or 

working group chair is assisted by a 

neutral mediator who facilitates the 

negotiation process. The role of the 

mediator, also called a facilitator, is to 

apply proven consensus-building 

techniques to the advisory committee or 

working group process. 

After an advisory committee or 

working group reaches consensus on the 

provisions of a proposed rule, the 

Department, consistent with its legal 

obligations, uses such consensus as the 

basis of its proposed rule, which then is 

published in the Federal Register. This 

publication provides the required public 

notice and provides for a public 

comment period. Other participants and 

other interested parties retain their 

rights to comment, participate in an 

informal hearing (if requested), and 

request judicial review. DOE 

anticipates, however, that the preproposal consensus agreed upon by the 

advisory committee or working group 

will narrow any issues in the 

subsequent rulemaking. 

C. Proposed Rulemaking for Test 

Procedures and Energy Conservation 

Standards Regarding Circulator Pumps 

The NRA enables DOE to establish an 

advisory committee or working group if 

it is determined that the use of the 

negotiated rulemaking process is in the 

public interest. DOE intends to develop 

Federal regulations that build on the 

depth of experience accrued in both the 

public and private sectors in 

implementing standards and programs. 

DOE is supporting the use of the 

regulatory negotiation process in order 

to provide for obtaining a diverse array 

of in-depth input, as well as an 

opportunity for increased collaborative 

discussion from both private-sector 

stakeholders and government officials 

who are familiar with the energy 

efficiency of circulator pumps. 

D. Department Commitment 

In initiating this regulatory 

negotiation process to develop 

definitions, test procedures, and energy 

conservation standards for circulator 

pumps, DOE is making a commitment to 

provide adequate resources to facilitate 

timely and successful completion of the 

process. This commitment includes 

making the process a priority activity for 

all representatives, components, 

officials, and personnel of the 

Department who need to be involved in 

the rulemaking, from the time of 

initiation until such time as a final rule 

is issued or the process is expressly 

terminated. DOE will provide 

administrative support for the process 

and will take steps to ensure that the 

advisory committee or working group 

has the dedicated resources it requires 

to complete its work in a timely fashion. 

Specifically, DOE will make available 

the following support services: properly 

equipped space adequate for public 

meetings and caucuses; logistical 

support; word processing and 

distribution of background information; 

the service of a facilitator; and such 

additional research and other technical 

assistance as may be necessary. 

To the maximum extent possible 

consistent with the legal obligations of 

the Department, DOE will use the 

consensus of the advisory committee or 

working group as the basis for the rule 

the Department proposes for public 

notice and comment. 

E. Negotiating Consensus 

As discussed above, the negotiated 

rulemaking process differs 

fundamentally from the usual process 

for developing a proposed rule. 

Negotiation enables interested and 

affected parties to discuss various 

approaches to issues rather than asking 

them only to respond to a proposal 

developed by the Department. The 

negotiation process involves a mutual 

education of the various parties on the 

practical concerns about the impact of 

standards. Each advisory committee or 

working group member participates in 

resolving the interests and concerns of 

other members, rather than leaving it up 

to DOE to evaluate and incorporate 

different points of view. 

A key principle of negotiated 

rulemaking is that agreement is by 

consensus of all the interests. Thus, no 

one interest or group of interests is able 

to control the process. The NRA defines 

consensus as the unanimous 

concurrence among interests 

represented on a negotiated rulemaking 

committee or working group, unless the 

committee or working group itself 

unanimously agrees to use a different 

definition. 5 U.S.C. 562. In addition, 

experience has demonstrated that using 

a trained mediator to facilitate this 

process will assist all parties, including 

DOE, in identifying their real interests 

in the rule, and thus will enable parties 

to focus on and resolve the important 

issues. 

III. Proposed Negotiating Procedures 

A. Key Issues for Negotiation 

The following issues and concerns 

will underlie the work of the Negotiated 

Rulemaking Committee for circulator 

pumps and be limited to the items 

specified below: 

• Definitions of circulator pumps, 

• Test procedures for circulator 

pumps, and 

• Energy conservation standards for 

circulator pumps. 

To examine the underlying issues 

outlined above, all parties in the 

negotiation will need DOE to provide 

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5660 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 

data and an analytic framework 

complete and accurate enough to 

support their deliberations. DOE expects 

to start the Working Group’s discussions 

with a list of analytical issues and data 

requests that should be considered for 

the negotiations and encourages 

interested parties to submit any data to 

be considered to the Working Group. 

B. Formation of Working Group 

A working group will be formed and 

operated in full compliance with the 

requirements of FACA and in a manner 

consistent with the requirements of the 

NRA. DOE has determined that the 

working group shall not exceed 25 

members. The Department believes that 

more than 25 members would make it 

difficult to conduct effective 

negotiations. DOE is aware that there are 

many more potential participants than 

there are membership slots on the 

working group. The Department does 

not believe, nor does the NRA 

contemplate, that each potentially 

affected group must participate directly 

in the negotiations; nevertheless, each 

affected interest can be adequately 

represented. To have a successful 

negotiation, it is important for interested 

parties to identify and form coalitions 

that adequately represent significantly 

affected interests. To provide adequate 

representation, those coalitions must 

agree to support, both financially and 

technically, a member of the working 

group whom they choose to represent 

their interests. 

DOE recognizes that when it 

considers adding covered products and 

establishing energy efficiency standards 

for residential products and commercial 

equipment, various segments of society 

may be affected in different ways—in 

some cases, producing unique 

‘‘interests’’ in a proposed rule based on 

income, gender, or other factors. The 

Department will pay attention to 

providing that any unique interests that 

have been identified, and that may be 

significantly affected by the proposed 

rule, are represented. 

FACA also requires that members of 

the public have the opportunity to 

attend meetings of the full committee 

and speak or otherwise address the 

committee during the public comment 

period. In addition, any member of the 

public is permitted to file a written 

statement with the advisory committee. 

DOE plans to follow these same 

procedures in conducting meetings of 

the working group. 

C. Interests Involved/Working Group 

Membership 

DOE anticipates that the working 

group will comprise no more than 25 

members who represent affected and 

interested stakeholder groups, at least 

one of whom must be a member of the 

ASRAC. As required by FACA, the 

Department will conduct the negotiated 

rulemaking with particular attention to 

ensuring full and balanced 

representation of those interests that 

may be significantly affected by the 

proposed rule governing standards for 

circulator pumps. Section 562 of the 

NRA defines the term ‘‘interest’’ as 

‘‘with respect to an issue or matter, 

multiple parties which have a similar 

point of view or which are likely to be 

affected in a similar manner.’’ Listed 

below are parties the Department to date 

has identified as being ‘‘significantly 

affected’’ by a proposed rule regarding 

the energy efficiency of circulator 

pumps. 

• The Department of Energy; 

• Trade Associations representing 

refrigeration system manufacturers of 

circulator pumps; 

• Manufacturers of circulator pumps 

system components and related 

suppliers; 

• Distributors or contractors selling or 

installers of circulator pumps; 

• Utilities; 

• Energy efficiency/environmental 

advocacy groups; and 

• Commercial customers. 

One purpose of this notice of intent is 

to determine whether Federal 

regulations for circulator pumps will 

significantly affect interests that are not 

listed above. DOE invites comment and 

suggestions on its initial list of 

significantly affected interests. 

Members may be individuals or 

organizations. If the effort is to be 

fruitful, participants in the working 

group should be able to fully and 

adequately represent the viewpoints of 

their respective interests. This 

document gives notice of DOE’s process 

to other potential participants and 

affords them the opportunity to request 

representation in the negotiations. 

Those who wish to be appointed as 

members of the working group, should 

submit a request to DOE, in accordance 

with the public participation procedures 

outlined in the DATES and ADDRESSES

sections of this notice of intent. 

Membership of the working group is 

likely to involve: 

• Attendance at approximately eight 

(8), one (1)- to two (2)-day meetings 

(with the potential for two (2) additional 

one (1)- or two (2)-day meetings); 

• Travel costs to those meetings; and 

• Preparation time for those meetings. 

Members serving on the working 

group will not receive compensation for 

their services. Interested parties who are 

not selected for membership on the 

working group may make valuable 

contributions to this negotiated 

rulemaking effort in any of the following 

ways: 

• The person may request to be 

placed on the working group mailing 

list and submit written comments as 

appropriate. 

• The person may attend working 

group meetings, which are open to the 

public; caucus with his or her interest’s 

member on the working group; or even 

address the working group during the 

public comment portion of the working 

group meeting. 

• The person could assist the efforts 

of a workgroup that the working group 

might establish. 

A working group may establish 

informal workgroups, which usually are 

asked to facilitate committee 

deliberations by assisting with various 

technical matters (e.g., researching or 

preparing summaries of the technical 

literature or comments on specific 

matters such as economic issues). 

Workgroups also might assist in 

estimating costs or drafting regulatory 

text on issues associated with the 

analysis of the costs and benefits 

addressed, or formulating drafts of the 

various provisions and their 

justifications as previously developed 

by the working group. Given their 

support function, workgroups usually 

consist of participants who have 

expertise or particular interest in the 

technical matter(s) being studied. 

Because it recognizes the importance of 

this support work for the working 

group, DOE will provide appropriate 

technical expertise for such workgroups. 

D. Good Faith Negotiation 

Every working group member must be 

willing to negotiate in good faith and 

have the authority, granted by his or her 

constituency, to do so. The first step is 

to ensure that each member has good 

communications with his or her 

constituencies. An intra-interest 

network of communication should be 

established to bring information from 

the support organization to the member 

at the table, and to take information 

from the table back to the support 

organization. Second, each organization 

or coalition, therefore, should designate 

as its representative a person having the 

credibility and authority to ensure that 

needed information is provided and 

decisions are made in a timely fashion. 

Negotiated rulemaking can require the 

appointed members to give a significant 

sustained for as long as the duration of 

the negotiated rulemaking. Other 

qualities of members that can be helpful 

are negotiating experience and skills, 

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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5661 

and sufficient technical knowledge to 

participate in substantive negotiations. 

Certain concepts are central to 

negotiating in good faith. One is the 

willingness to bring all issues to the 

bargaining table in an attempt to reach 

a consensus, as opposed to keeping key 

issues in reserve. The second is a 

willingness to keep the issues at the 

table and not take them to other forums. 

Finally, good faith includes a 

willingness to move away from some of 

the positions often taken in a more 

traditional rulemaking process, and 

instead explore openly with other 

parties all ideas that may emerge from 

the working group’s discussions. 

E. Facilitator 

The facilitator will act as a neutral in 

the substantive development of the 

proposed standard. Rather, the 

facilitator’s role generally includes: 

• Impartially assisting the members of 

the working group in conducting 

discussions and negotiations; and 

• Impartially assisting in performing 

the duties of the Designated Federal 

Official under FACA. 

F. Department Representative 

The DOE representative will be a full 

and active participant in the consensus 

building negotiations. The Department’s 

representative will meet regularly with 

senior Department officials, briefing 

them on the negotiations and receiving 

their suggestions and advice so that he 

or she can effectively represent the 

Department’s views regarding the issues 

before the working group. DOE’s 

representative also will ensure that the 

entire spectrum of governmental 

interests affected by the standards 

rulemaking, including the Office of 

Management and Budget, the Attorney 

General, and other Departmental offices, 

are kept informed of the negotiations 

and encouraged to make their concerns 

known in a timely fashion. 

G. Working Group and Schedule 

After evaluating the comments 

submitted in response to this notice of 

intent and the requests for nominations, 

DOE will either inform the members of 

the working group that they have been 

selected or determine that conducting a 

negotiated rulemaking is inappropriate. 

Per the ASRAC Charter, the working 

group is expected to make a concerted 

effort to negotiate a final term sheet by 

September 30, 2016. 

DOE will advise working group 

members of administrative matters 

related to the functions of the working 

group before beginning. While the 

negotiated rulemaking process is 

underway, DOE is committed to 

performing much of the same analysis 

as it would during a normal standards 

rulemaking process and to providing 

information and technical support to the 

working group. 

IV. Comments Requested 

DOE requests comments on which 

parties should be included in a 

negotiated rulemaking to develop draft 

language pertaining to the energy 

efficiency of circulator pumps and 

suggestions of additional interests and/ 

or stakeholders that should be 

represented on the working group. All 

who wish to participate as members of 

the working group should submit a 

request for nomination to DOE. 

V. Public Participation 

Members of the public are welcome to 

observe the business of the meeting and, 

if time allows, may make oral 

statements during the specified period 

for public comment. To attend the 

meeting and/or to make oral statements 

regarding any of the items on the 

agenda, email asrac@ee.doe.gov. In the 

email, please indicate your name, 

organization (if appropriate), 

citizenship, and contact information. 

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 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. Anyone attending the 

meeting will be required to present a 

government photo identification, such 

as a passport, driver’s license, or 

government identification. Due to the 

required security screening upon entry, 

individuals attending should arrive 

early to allow for the extra time needed. 

Due to the REAL ID Act implemented 

by the Department of Homeland 

Security (DHS) 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, Louisiana, New York, American 

Samoa, Maine, Oklahoma, Arizona, 

Massachusetts, Washington, and 

Minnesota. 

Acceptable alternate forms of PhotoID include: U. S. 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. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s notice of intent. 

Issued in Washington, DC, on January 27, 

2016. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency and Renewable Energy. 

[FR Doc. 2016–01979 Filed 2–2–16; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 217 

[Docket No. R–1529] 

RIN 7100 AE–43 

Regulatory Capital Rules: The Federal 

Reserve Board’s Framework for 

Implementing the U.S. Basel III 

Countercyclical Capital Buffer 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Proposed policy statement with 

request for public comment. 

SUMMARY: The Board is inviting public 

comment on a policy statement on the 

framework that the Board will follow in 

setting the amount of the U.S. 

countercyclical capital buffer for 

advanced approaches bank holding 

companies, savings and loan holding 

companies, and state member banks 

under the Board’s Regulation Q (12 CFR 

part 217). 

DATES: Comments must be received on 

or before March 21, 2016. Comments 

were originally due by February 19, 

2016. 

ADDRESSES: You may submit comments, 

identified by Docket No. R–1529 and 

RIN 7100 AE–43 by any of the following 

methods: 

• Agency Web site: http://

www.federalreserve.gov. Follow the 

instructions for submitting comments at 

http://www.federalreserve.gov/

generalinfo/foia/ProposedRegs.aspx. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

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