Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules 54089 

_Policies/federal_register_publications_&

_related_documents/index.asp) 

Masujin, K., D. Matthews, G.A.H. Wells, S. 

Mohri, and T. Yokoyama. (2007). Prions 

in the peripheral nerves of bovine 

spongiform encephalopathy-affected 

cattle. J. Gen. Virol. (88): 1850–1858; DOI 

10.1099/vir.0.82779–0. 

United States Department of Agriculture 

(USDA). (2005). U.S. Department of 

Agriculture’s Summary of the 

Epidemiological Finding of North 

American BSE Positive Cattle, April. 

(http://www.aphis.usda.gov/newsroom/

hot_issues/bse/background/documents/

bse_epi_report_4–29–05.pdf) 

United States Department of Agriculture 

(USDA). (2005a). Assessment of the 

Canadian Feed Ban, February. (http:// 

www.aphis.usda.gov/newsroom/

hot_issues/bse/background) 

Wells, G.A.H., M. Dawson, S.A.C. Hawkins, 

R.B. Green, I. Dexter, M.E. Francis, M.M. 

Simmons, A.R. Austin, and M.W. 

Horigan. (1994). Infectivity in the ileum 

of cattle challenged orally with bovine 

spongiform encephalopathy. Vet. Rec. 

135(2): 40–41. 

Wells, G.A.H., M. Dawson, S.A.C. Hawkins, 

A.R. Austin, R.B. Green, I. Dexter, M.W. 

Horigan, and M.M. Simmons. (1996). 

Preliminary observations on the 

pathogenesis of experimental bovine 

spongiform encephalopathy. In: Bovine 

spongiform encephalopathy: the BSE 

dilemma (Gibbs C.J. Jr., ed.). SpringerVerlag, New York. 

Wells, G.A.H., S.A.C. Hawkins, R.B. Green, 

A.R. Austin, I. Dexter, Y.I. Spencer, M.J. 

Chaplin, M.J. Stack, and M. Dawson. 

(1998). Preliminary observations on the 

pathogenesis of experimental bovine 

spongiform encephalopathy (BSE): an 

update. Vet. Rec. 142: 103–106. 

Wells, G.A.H., S.A.C. Hawkins, R.B. Green, 

Y.I. Spencer, I. Dexter, and M. Dawson. 

(1999). Limited detection of sternal bone 

marrow infectivity in the clinical phase 

of experimental bovine spongiform 

encephalopathy (BSE). Vet. Rec. 144: 

292–294. 

Wells, G.A.H., J. Spiropoulos, S.A.C. 

Hawkins, and S.J. Ryder. (2005). 

Pathogenesis of experimental bovine 

spongiform encephalopathy: pre-clinical 

infectivity in tonsil and observations on 

the distribution of lingual tonsil in 

slaughtered cattle. Vet Rec. 156(13): 401– 

407. 

Wells, G.A.H. (2008). Personal 

communication with APHIS. E-mail. 

January 30. World Organization for 

Animal Health Terrestrial Animal Health 

Standards Commission (OIE TAHSC). 

(2006). Supporting document for Chapter 

2.3.13 of the Terrestrial Animal Health 

Code on Bovine Spongiform 

Encephalopathy. Terrestrial Animal 

Health Standards Commission Report. 

October. (http://www.aataanimaltransport.org/Publications/issues/

4-GS75TAHSCBSE

supportdocOct2006.doc) 

Authority: 7 U.S.C. 450, 7701–7772, and 

8301–8317; 21 U.S.C. 136 and 136a; 31 

U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.4. 

Done in Washington, DC, this 12th day of 

September 2008. 

Cindy J. Smith, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. E8–21786 Filed 9–17–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2008–BT–STD–0012] 

RIN 1904–AB80 

Energy Conservation Standards for 

Residential Refrigerators, RefrigeratorFreezers, and Freezers: 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. 

SUMMARY: DOE will hold an informal 

public meeting to discuss and receive 

comments on issues that it will address 

in this rulemaking proceeding. The 

Department is also initiating data 

collection for establishing energy 

conservation standards for residential 

refrigerators, refrigerator-freezers, and 

freezers. The Department also 

encourages written comments on these 

subjects. To inform stakeholders and 

facilitate this process, DOE has prepared 

a draft framework document, available 

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

buildings/appliance_standards/ 

residential/refrigerators_freezers.html. 

DATES: The Department will hold a 

public meeting on Monday, September 

29, 2008, from 9 a.m. to 5 p.m. in 

Washington, DC. Any person requesting 

to speak at the public meeting should 

submit such request along with a signed 

original and an electronic copy of the 

statements to be given at the public 

meeting before 4 p.m., Monday, 

September 22, 2008. Written comments 

are welcome, especially following the 

public meeting, and should be 

submitted by October 20, 2008. 

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. 

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. 

Stakeholders may submit comments, 

identified by docket number EERE– 

2008–BT–STD–0012 and/or Regulation 

Identifier Number (RIN) 1904–AB80, by 

any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: ResRefFreez–2008–STD– 

0012@hq.doe.gov. Include EERE–2008– 

BT–STD–0012 and/or RIN 1904–AB80 

in the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Framework Document for Refrigerators, 

Refrigerator-Freezers, and Freezers, 

EERE–2008–BT–STD–0012 and/or RIN 

1904–AB80, 1000 Independence 

Avenue, SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza, SW., 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this 

rulemaking. 

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, 6th Floor, 950 

L’Enfant Plaza, SW., Washington, DC 

20024, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

holidays. For additional information 

about visiting the Resource Room, 

please call Ms. Brenda Edwards at (202) 

586–2945. Please note that the 

Department’s Freedom of Information 

Reading Room (formerly Room 1E–190 

at the Forrestal Building) no longer 

houses rulemaking materials. 

FOR FURTHER INFORMATION CONTACT: (1) 

Stephen Witkowski, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121. Phone: 

(202) 586–7463. e-mail: 

stephen.witkowski@ee.doe.gov. (2) 

Michael Kido, U.S. Department of 

Energy, Office of General Counsel, GC– 

72, 1000 Independence Avenue, SW., 

Washington, DC 20585–0121. Phone: 

(202) 586–9507. e-mail: 

michael.kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: Part A of 

Title III of the Energy Policy and 


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54090 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Proposed Rules 

Conservation Act of 1975 (EPCA), 42 

U.S.C 6291 et seq. , established an 

energy conservation program for major 

household appliances, which includes 

residential refrigerators, refrigeratorfreezers, and freezers. This program 

authorizes the Department to establish 

technologically feasible, economically 

justified energy efficiency regulations 

for certain consumer products for which 

such regulations would incur 

substantial national energy savings, and 

for which both natural market forces 

and voluntary labeling programs have 

been and/or are expected to be 

ineffective in promoting energy 

efficiency. 

The amendments to EPCA in the 

National Appliance Energy 

Conservation Act of 1987 (NAECA), 

Public Law 100–12, established energy 

conservation standards for refrigerators, 

refrigerator-freezers, and freezers, as 

well as requirements for determining 

whether these standards should be 

amended. (42 U.S.C. 6295(b)) 

EPCA, as amended by NAECA, 

established performance standards for 

residential refrigerators, refrigeratorfreezers, and freezers and required that 

DOE conduct two cycles of rulemakings 

to determine whether more stringent 

standards are justified. (42 U.S.C. 6295 

(b)) On November 17, 1989, DOE 

published a final rule in the Federal 

Register updating the performance 

standards. The new standards became 

effective on January 1, 1993. 54 FR 

47916. Subsequently, DOE determined 

that new standards for some of the 

product classes were based on 

incomplete data and incorrect analysis. 

As a result, DOE published a correction 

that amended the new standards for the 

following three product classes: (1) 

Refrigerators and refrigerator-freezers 

with manual defrost, (2) refrigeratorfreezers with automatic defrost with a 

bottom-mounted freezer but without 

through-the-door (TTD) ice service, and 

(3) chest freezers and all other freezers. 

55 FR 42845. DOE updated the 

performance standards once again for 

refrigerators, refrigerator-freezers, and 

freezers by publishing a final rule in the 

Federal Register on April 28, 1997. 62 

FR 23102. The new standards became 

effective on July 1, 2001. By completing 

a second standards rulemaking, DOE 

had fulfilled its legislative requirement 

to conduct two cycles of standards 

rulemakings. 

Stakeholders submitted a petition in 

2004 requesting that DOE conduct 

another rulemaking to amend the 

standards for residential refrigeratorfreezers. In April 2005, DOE granted the 

petition and conducted a limited set of 

analyses to assess the potential energy 

savings and potential economic benefit 

of new standards. DOE issued a report 

in October 2005 detailing the analyses, 

which examined the technological and 

economic feasibility of new standards 

set at Energy Star levels effective in 

2005 for the two most popular product 

classes of refrigerators: Top-mount 

refrigerator-freezers without TTD 

features and side-mount refrigeratorfreezers with TTD features. DOE 

confined its updated analysis to these 

two classes because they accounted for 

a majority of current product shipments. 

Depending on assumptions regarding 

the impact that standards would have 

on market efficiency, DOE estimated 

that amended standards at the 2005 

Energy Star levels would yield between 

2.4 to 3.4 quadrillion British thermal 

units (Btu), with an associated economic 

impact to the Nation ranging from a 

burden or cost of $1.2 billion to a 

benefit or savings of $3.3 billion. 

In October 2005, DOE published draft 

data sheets containing energy savings 

potentials for refrigerator-freezers as 

part of its fiscal year 2006 schedulesetting process. The data sheets were 

based on the October 2005 draft 

technical report analyzing potential new 

amended energy conservation standards 

for residential refrigerator-freezers 

described above. The analysis was not 

extended to all refrigerator, refrigeratorfreezer, and freezer product classes 

because of the large proportion of the 

market represented by the two product 

classes analyzed in detail and because 

DOE expected that results for these 

product classes would be representative 

for all of the product classes. The 

technical report and the associated data 

sheets provided input to the setting of 

priorities for rulemakings activities. 

Other products were given a higher 

priority, and limited rulemaking work 

on refrigerators and freezers was carried 

out in the following years prior to the 

enactment of EISA. 

EISA, signed into law on December 

19, 2007, requires DOE to publish a final 

rule by December 31, 2010, to determine 

whether to amend the standards in 

effect for refrigerators, refrigeratorfreezers, and freezers manufactured on 

or after January 1, 2014. DOE is 

embarking on a standards rulemaking 

for these products to comply with EISA 

requirements. To begin the required 

rulemaking process, the Department 

prepared the framework document to 

explain the issues, analyses, and process 

that it is considering for the 

development of energy efficiency 

standards for refrigerators, refrigeratorfreezers, and freezers. The public 

meeting will focus on analyses and 

issues contained in various sections of 

the framework document. For each item 

listed, the Department will make a 

presentation with discussion to follow. 

The Department will also make a brief 

presentation on the rulemaking process 

for these products. 

The Department encourages anyone 

who wishes 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/residential/ 

refrigerators_freezers.html. However, 

public meeting participants need not 

limit their comments to the topics 

identified in the framework document. 

The Department is also interested in 

receiving views on other relevant issues 

that participants believe would affect 

energy conservation standards for these 

products. The Department welcomes all 

interested parties, whether or not they 

participate in the public meeting, to 

submit in writing by October 20, 2008, 

comments and information on matters 

addressed in the framework document 

and on other matters relevant to 

consideration of standards for 

refrigerators, refrigerator-freezers, and 

freezers. 

DOE will conduct the public meeting 

in an informal, conference style. A court 

reporter will record the minutes of the 

meeting. The discussion will not 

include proprietary information, costs 

or prices, market shares, or other 

commercial matters regulated by U.S. 

antitrust laws. 

After the public meeting and the 

expiration of the period for submitting 

written statements, the Department will 

begin collecting data, conducting the 

analyses as discussed at the public 

meeting, and reviewing public 

comments. 

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 residential 

refrigerators, refrigerator-freezers, and 

freezers should contact Ms. Brenda 

Edwards at (202) 586–2945. 

Issued in Washington, DC, on September 

12, 2008. 

John F. Mizroch, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. E8–21821 Filed 9–17–08; 8:45 am] 

BILLING CODE 6450–01–P 


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