69066 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Proposed Rules 

The potential changes, if implemented, 

would achieve a closer alignment 

between the NRC’s radiation protection 

regulations and the recommendations in 

ICRP Publication 103 (2007). 

The ANPR identifies specific 

questions and issues with respect to a 

possible revision of NRC’s radiation 

protection requirements. Stakeholder 

comments, including responses to the 

specific questions, will be considered by 

the NRC staff when it develops the draft 

regulatory basis. The public comment 

period was originally scheduled to close 

on November 24, 2014. The NRC has 

decided to extend the public comment 

period to allow more time for members 

of the public and other stakeholders to 

develop and submit their comments. 

The deadline for submitting comments 

is extended to March 24, 2015. 

Dated at Rockville, Maryland, this 14th day 

of November 2014. 

For the Nuclear Regulatory Commission. 

Laura A. Dudes, 

Director Division of Material Safety, State, 

Tribal and Rulemaking Programs, Office of 

Nuclear Material Safety and Safeguards. 

[FR Doc. 2014–27519 Filed 11–19–14; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2013–BT–STD–0030] 

RIN 1904–AD01 

Energy Conservation Standards for 

Commercial Packaged Boilers: 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. 

SUMMARY: The U.S. Department of 

Energy (DOE) will hold a public meeting 

to discuss and receive comments about 

the preliminary analysis it has 

conducted for purposes of considering 

amended energy conservation standards 

for commercial packaged boilers. The 

meeting will cover four topics: The 

analytical framework, models, and tools 

that DOE is using to evaluate potential 

standards for this equipment; the results 

of preliminary analyses performed by 

DOE for this equipment; potential 

energy conservation standard levels 

derived from these analyses that DOE 

could consider for this equipment; and 

any other issues relevant to the 

development of amended energy 

conservation standards for commercial 

packaged boilers. In addition, DOE 

encourages written comments about 

these subjects. 

DATES: Meeting: DOE will hold a public 

meeting on December 9, 2014, from 9 

a.m. to 3:30 p.m., in Washington, DC. 

DOE must receive requests to speak at 

the meeting before 4 p.m. ET, December 

1, 2014. DOE must receive a signed 

original and an electronic copy of any 

statement to be given at the public 

meeting before 4 p.m. ET, November 24, 

2014. 

Comments: DOE will accept 

comments, data, and other information 

regarding this rulemaking before or after 

the public meeting, but no later than 

January 20, 2015 See section IV, ‘‘Public 

Participation,’’ of this notice of public 

meeting (NOPM) for details. 

ADDRESSES: To inform interested parties 

and to facilitate this process, DOE has 

prepared a preliminary technical 

support document (TSD) that is 

available on the DOE Web site at: 

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

appliance_standards/rulemaking.aspx/

ruleid/79. Additionally, DOE plans to 

allow for participation in the public 

meeting via webinar. 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. All 

participants will undergo security 

processing upon building entry. Any 

participant with a laptop computer or 

similar device (e.g., tablets), must 

undergo additional screening. To attend 

via webinar, please register here: 

https://www1.gotomeeting.com/register/

440130353. 

Interested persons may submit 

comments, identified by docket number 

EERE–2013–BT–STD–0030 and/or 

Regulation Identification Number (RIN) 

1904–AD01, by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: PkgdBoilers2013STD0030@

ee.doe.gov. Include the docket number 

EERE–2013–BT–STD–0030 and/or RIN 

1904–AD01 in the subject line of the 

message. 

• Postal Mail: Ms. Brenda Edwards, 

U.S. Department of Energy, Building 

Technologies Office, Mailstop EE–5B, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. 

Comments, data, relevant documents 

and information may be submitted on 

printed paper or compact disc (CD) via 

postal mail. However, such will be 

necessarily delayed, and may be 

damaged, during the postal mail 

screening process. 

• Hand Delivery/Courier: Comments, 

data, relevant documents and 

information may be submitted in person 

or by courier. If possible, please submit 

all items on a CD, in which case it is not 

necessary to include printed copies. 

Contact 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. 

Docket: The commercial packaged 

boilers docket (EERE–2013–BT–STD– 

0030) is available for review at 

www.regulations.gov. It includes 

relevant Federal Register notices, the 

Framework Document, public 

comments, public meeting attendee lists 

and transcripts, and other relevant 

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 www.regulations.gov 

Web page contains instructions on how 

to access all documents in the docket, 

including public comments. 

Also, the DOE Web page for 

commercial packaged boilers (which 

includes additional information about 

existing standards and test procedures, 

and the history and impacts of previous 

DOE regulatory actions for this category 

of equipment) may be viewed at 

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

appliance_standards/product.aspx/

productid/74, and contains links to the 

aforementioned docket. 

For detailed instructions on 

submitting comments and 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: Mr. 

James Raba, 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) 586–8654. Email: 

Jim.Raba@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–33, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 


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1For editorial reasons, upon codification in the 

United States Code (U.S.C.), Part C was redesignated Part A–1. 

2All references to EPCA in this document refer 

to the statute as amended through the American 

Energy Manufacturing Technical Corrections Act 

(AEMTCA), Public Law 112–210 (Dec. 18, 2012). 3For more information, see www.ashrae.org. 

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, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Email: 

Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Authority 

II. History of Energy Conservation Standards 

Rulemaking for Commercial Packaged 

Boilers 

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 the Public Meeting 

B. Procedure for Submitting Requests to 

Speak 

C. Conduct of the Public Meeting 

D. Submission of Comments 

V. Approval of the Office of the Secretary 

I. Authority 

Title III, Part C1 of the Energy Policy 

and Conservation Act of 1975 (EPCA), 

Public Law 94–163 (42 U.S.C. 6311– 

6317, as codified), added by Public Law 

95–619, Title IV, § 441(a), sets forth a 

variety of provisions designed to 

improve energy efficiency. It established 

the ‘‘Energy Conservation Program for 

Certain Industrial Equipment,’’ a 

program covering certain commercial 

and industrial equipment (hereafter 

referred to as ‘‘covered equipment’’), 

which includes the commercial 

packaged boilers that are the subject of 

this rulemaking.2 Part A–1 specifically 

includes definitions (42 U.S.C. 6311), 

energy conservation standards (42 

U.S.C. 6313), test procedures (42 U.S.C. 

6314), labeling provisions (42 U.S.C. 

6315), and the authority to require 

compliance information and 

certification reports from manufacturers 

of covered equipment (42 U.S.C. 6316). 

EPCA established Federal energy 

conservation standards for commercial 

heating, air-conditioning, and waterheating equipment that generally 

correspond to the levels set in the 

American Society of Heating, 

Refrigeration, and Air-Conditioning 

Engineers (ASHRAE) Standard 90.1, 

‘‘Energy Standard for Buildings Except 

Low-Rise Residential Buildings,’’ 

including commercial packaged 

boilers.3 (42 U.S.C. 6313(a)(4)) In 

particular, the statute sets standards for 

small, large, and very large commercial 

package air-conditioning and heating 

equipment, packaged terminal air 

conditioners, packaged terminal heat 

pumps, warm air furnaces, packaged 

boilers, storage water heaters, 

instantaneous water heaters, and 

unfired hot water storage tanks 

(collectively ‘‘ASHRAE equipment’’). 

(42 U.S.C. 6313(a)) DOE subsequently 

codified the statutory energy 

conservation standards for commercial 

packaged boilers in DOE’s regulations 

under subpart E of Title 10 of the Code 

of Federal Regulations (CFR), Part 431 

(10 CFR Part 431). The standards for 

commercial packaged boilers 

specifically can be found at 10 CFR 

431.87. 

EPCA directs DOE to consider 

amending the existing Federal energy 

conservation standard for each type of 

covered ASHRAE equipment whenever 

ASHRAE amends the efficiency levels 

in Standard 90.1. (42 U.S.C. 

6313(a)(6)(A)) For each type of listed 

equipment, EPCA directs that if 

ASHRAE amends Standard 90.1, DOE 

must adopt amended standards at the 

new ASHRAE efficiency level, unless 

clear and convincing evidence supports 

a determination that adoption of a morestringent level would produce 

significant additional energy savings 

and would be technologically feasible 

and economically justified. (42 U.S.C. 

6313(a)(6)(A)(ii)) If DOE decides to 

adopt as a national standard the 

efficiency levels specified in the 

amended ASHRAE Standard 90.1, DOE 

must establish such standard not later 

than 18 months after publication of the 

amended industry standard. (42 U.S.C. 

6313(a)(6)(A)(ii)(I)) However, if DOE 

determines that a more-stringent 

standard is justified, then it must 

establish such more-stringent standard 

not later than 30 months after 

publication of the amended ASHRAE 

Standard 90.1. (42 U.S.C. 

6313(a)(6)(B)(i)) 

In the event that ASHRAE does not 

act to amend Standard 90.1 (thereby 

triggering DOE to conduct an amended 

standards rulemaking), EPCA provides 

an alternative statutory mechanism for 

initiating such review. More 

specifically, EPCA requires that every 

six years, the Secretary of Energy 

(Secretary) shall consider amending the 

energy conservation standards for 

covered commercial equipment and 

shall publish either a notice of 

determination that those standards do 

not need to be amended, or a notice of 

proposed rulemaking for more-stringent 

energy efficiency standards. (42 U.S.C. 

6313(a)(6)(C)) 

On December 19, 2007, the Energy 

Independence and Security Act of 2007 

(EISA 2007), Public Law 110–140, was 

signed into law, which further revised 

the energy conservation standards for 

commercial and industrial equipment. 

EISA 2007 amended EPCA, in relevant 

part, to require that not later than six 

years after issuance of any final rule 

establishing or amending a standard, the 

Secretary of Energy shall publish either 

a notice of determination that the 

standards for a given type of equipment 

do not need to be amended, or a notice 

of proposed rulemaking (NOPR) 

including new proposed standards. (42 

U.S.C. 6313(a)(6)(C)(i)) This amendment 

was further modified by the American 

Energy Manufacturing Technical 

Corrections Act (AEMTCA), Public Law 

112–210, which was signed into law on 

December 18, 2012. AEMTCA, amended 

EPCA to require that ‘‘every’’ six years, 

the Secretary of Energy shall take action 

to determine whether or not morestringent standards are needed for 

ASHRAE equipment. (42 U.S.C. 

6313(a)(6)(C)(i)) In addition, AEMTCA 

also amended EPCA so as to trigger DOE 

to review the energy savings potential of 

any ASHRAE/IES Standard 90.1 

amendment that changes the standard 

levels or design requirements applicable 

to a given type of equipment. (42 U.S.C. 

6313(a)(6)(A)(i)) 

Pursuant to EPCA, DOE’s energy 

conservation program for covered 

equipment consists essentially of four 

parts: (1) Testing; (2) labeling; (3) the 

establishment of Federal energy 

conservation standards; and (4) 

compliance certification and 

enforcement procedures. Subject to 

certain criteria and conditions, DOE has 

authority, as discussed above, to adopt 

amended energy conservation standards 

for commercial packaged boilers. In 

addition, DOE is required to develop 

test procedures to measure the energy 

efficiency, energy use, or estimated 

annual operating cost of covered 

equipment. (42 U.S.C. 6314(a)(2)) 

Manufacturers of covered equipment 

must use the prescribed DOE test 

procedure as the basis for certifying to 

DOE that their equipment comply with 

the applicable energy conservation 

standards adopted under EPCA and 

when making representations to the 


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69068 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Proposed Rules 

public regarding the energy use or 

efficiency of such equipment. (42 U.S.C. 

6314(d)(1)) Similarly, DOE must use 

these test procedures to determine 

whether the equipment comply with 

standards adopted pursuant to EPCA. 

The DOE test procedures for commercial 

packaged boilers currently appear at 10 

CFR 431.86. 

When setting standards for the 

ASHRAE equipment addressed by 

today’s notice, EPCA, as amended by 

AEMTCA, prescribes certain statutory 

criteria for DOE to consider. See 

generally 42 U.S.C. 6313(a)(6)(A)–(D). 

Any amended standard for covered 

equipment more stringent than the level 

contained in ASHRAE Standard 90.1 

must be designed to achieve the 

maximum improvement in energy 

efficiency that is technologically 

feasible and economically justified. (42 

U.S.C. 6313(a)(6)(A)(ii)(II)) Furthermore, 

DOE may not adopt any more-stringent 

standard that would not result in the 

significant additional conservation of 

energy. Id. In deciding whether a 

proposed standard is economically 

justified, DOE must determine whether 

the benefits of the standard exceed its 

burdens. DOE must make this 

determination after receiving comments 

on the proposed standard, and by 

considering, to the maximum extent 

practicable, 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 equipment 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 product 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. 6313(a)(6)(B)(ii)(I)–(VII)) 

EPCA, as codified, also contains what 

is known as an ‘‘anti-backsliding’’ 

provision, which prevents the Secretary 

of Energy from prescribing any amended 

standard that either increases the 

maximum allowable energy use or 

decreases the minimum required energy 

efficiency of a type of covered 

equipment. (42 U.S.C. 

6313(a)(6)(B)(iii)(I)) Also, the Secretary 

may not prescribe an amended or new 

standard if interested persons have 

established by a preponderance of the 

evidence that the standard is likely to 

result in the unavailability in the United 

States of any covered equipment type 

(or class) of performance characteristics 

(including reliability, features, sizes, 

capacities, and volumes) that are 

substantially the same as those generally 

available in the United States. (42 U.S.C. 

6313(a)(6)(B)(iii)(II)) 

Before proposing a standard, DOE 

typically seeks public input about the 

analytical framework, models, and tools 

that it will use to evaluate standards for 

the product or equipment at issue and 

the results of preliminary analyses DOE 

performed for that product or 

equipment. This NOPM announces the 

availability of the preliminary Technical 

Support Document (TSD), which details 

the preliminary analyses, discusses the 

comments DOE received from interested 

parties about the Framework Document, 

and summarizes the preliminary results 

of DOE’s analyses. In addition, DOE is 

announcing a public meeting to solicit 

comments, data, and other information 

from interested parties about its 

analytical framework, models, and 

preliminary results. 

II. History of Energy Conservation 

Standards Rulemaking for Commercial 

Packaged Boilers 

A. Background 

The Energy Policy Act of 1992 

(EPACT 1992), Public Law 102–486, 

amended EPCA to add commercial 

packaged boilers as a type of covered 

equipment. (42 U.S.C. 6311(1)(J)) 

EPACT 1992 also amended EPCA with 

respect to packaged boilers by providing 

a definition, as well as provisions 

setting forth applicable requirements for 

energy conservation standards, test 

procedures, labeling, and compliance 

certification. (42 U.S.C. 6311(11)(B); 

6313(a)(4); 6314(a)(4); 6315(e); 6316(b)) 

Most recently, DOE amended its 

energy conservation standards for 

commercial packaged boilers through a 

final rule published in the Federal 

Register (FR) on July 22, 2009 (hereafter 

referred to as the ‘‘July 2009 final rule’’). 

74 FR 36312. More specifically, the July 

2009 final rule updated the energy 

conservation standards for commercial 

packaged boilers to correspond to the 

levels in the 2007 revision of ASHRAE 

Standard 90.1 (i.e., ASHRAE Standard 

90.1b2007). Id. at 36355–56 (codified at 

10 CFR 431.87). Compliance with the 

amended standards was required 

beginning on March 2, 2012. These 

levels are shown in Table II.1 below. 

Also in the July 2009 final rule, DOE 

again followed ASHRAE’s approach in 

Standard 90.1–2007 and adopted a 

second tier of energy conservation 

standards for two classes of commercial 

packaged boilers, which are shown in 

Table II.2 below. Compliance with the 

latter standards will be required 

beginning on March 2, 2022. Id. 

TABLE II.1—ENERGY CONSERVATION STANDARDS FOR COMMERCIAL PACKAGED BOILERS MANUFACTURED ON OR AFTER

MARCH 2, 2012 

Equipment type Subcategory Size category 

(input) 

Efficiency level— 

Effective date: 

March 2, 2012 * 

Hot Water Commercial Packaged Boilers .......... Gas-fired ............................................................. ≥300,000 Btu/h and .....

≤2,500,000 Btu/h ..........

80.0% ET. 

Hot Water Commercial Packaged Boilers .......... Gas-fired ............................................................. >2,500,000 Btu/h ......... 82.0% EC. 

Hot Water Commercial Packaged Boilers .......... Oil-fired ............................................................... ≥300,000 Btu/h and .....

≤2,500,000 Btu/h ..........

82.0% ET. 

Hot Water Commercial Packaged Boilers .......... Oil-fired ............................................................... >2,500,000 Btu/h ......... 84.0% EC. 

Steam Commercial Packaged Boilers ................ Gas-fired—all, except natural draft .................... ≥300,000 Btu/h and .....

≤2,500,000 Btu/h ..........

79.0% ET. 

Steam Commercial Packaged Boilers ................ Gas-fired—all, except natural draft .................... >2,500,000 Btu/h ......... 79.0% ET. 

Steam Commercial Packaged Boilers ................ Gas-fired—natural draft ...................................... ≥300,000 Btu/h and .....

≤2,500,000 Btu/h ..........

77.0% ET. 

Steam Commercial Packaged Boilers ................ Gas-fired—natural draft ...................................... >2,500,000 Btu/h ......... 77.0% ET. 


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4 DOE notes that since DOE’s last final rule in 

2009, ASHRAE has not acted to amend Standard 

90.1 in terms of commercial packaged boilers, as 

would trigger DOE rulemaking action under 42 

U.S.C. 6313(a)(6)(A). 

TABLE II.1—ENERGY CONSERVATION STANDARDS FOR COMMERCIAL PACKAGED BOILERS MANUFACTURED ON OR AFTER

MARCH 2, 2012—Continued 

Equipment type Subcategory Size category 

(input) 

Efficiency level— 

Effective date: 

March 2, 2012 * 

Steam Commercial Packaged Boilers ................ Oil-fired ............................................................... ≥300,000 Btu/h and .....

≤2,500,000 Btu/h ..........

81.0% ET. 

Steam Commercial Packaged Boilers ................ Oil-fired ............................................................... >2,500,000 Btu/h ......... 81.0% ET. 

* ET means ‘‘thermal efficiency.’’ EC means ‘‘combustion efficiency.’’ 

TABLE II.2—ENERGY CONSERVATION STANDARDS FOR COMMERCIAL PACKAGED BOILERS MANUFACTURED ON OR AFTER

MARCH 2, 2022 

Equipment type Subcategory Size category 

(input) 

Efficiency level— 

Effective date: 

March 2, 2022 

Steam Commercial Packaged Boilers ................ Gas-fired—natural draft ...................................... ≥300,000 Btu/h and .....

≤2,500,000 Btu/h ..........

79.0% ET. 

Steam Commercial Packaged Boilers ................ Gas-fired—natural draft ...................................... >2,500,000 Btu/h ......... 79.0% ET. 

DOE is initiating this rulemaking 

pursuant to 42 U.S.C. 6313(a)(6)(C), 

which requires that every six years, DOE 

must publish either: (1) A notice of the 

determination that standards for the 

equipment do not need to be amended, 

or (2) a NOPR including proposed 

energy conservation standards. As noted 

above, DOE’s last final rule for 

commercial packaged boilers was 

published on July 22, 2009, so as a 

result, DOE is required to act to publish 

one of the above two documents by July 

22, 2015. If DOE publishes a NOPR, the 

agency must proceed to a final rule not 

later than two years after the NOPR is 

issued. (42 U.S.C. 6313(a)(6)(C)(iii)(I)) If 

DOE publishes a determination that the 

standards do not need to be amended, 

the agency must make a new 

determination regarding the need for 

amended standards not later than three 

years after the last determination. (42 

U.S.C. 6313(a)(6)(C)(iii)(II)) Once 

completed, this rulemaking will satisfy 

DOE’s statutory obligation under 42 

U.S.C. 6313(a)(6)(C).4

In addition, DOE notes that on August 

13, 2013, DOE published a proposed 

determination of coverage for natural 

draft commercial packaged boilers in 

order to confirm its authority to regulate 

those products. 78 FR 49202. Because 

there is currently no statutory definition 

of ‘‘natural draft commercial packaged 

boiler,’’ DOE proposed to define this 

equipment as follows: ‘‘Natural draft 

commercial packaged boiler means a 

commercial packaged boiler designed to 

operate with negative pressure in the 

firebox and in the flue connection 

created by a chimney or the height of 

the unit itself, up to the draft control 

device. Such boilers do not require 

mechanical drafting equipment to vent 

combustion gases, but may include 

mechanical devices such as mechanical 

flue or stack dampers to limit the heat 

losses through the flue vent during offcycle.’’ DOE plans to include natural 

draft commercial packaged boilers 

within the scope of this rulemaking if 

the outcome of the proposed 

determination is positive. Accordingly, 

DOE has considered natural draft 

equipment for this preliminary analysis. 

Lastly, DOE is also currently 

conducting a separate test procedure 

rulemaking to consider amended test 

procedures for commercial packaged 

boilers. On February 20, 2014, DOE 

published a request for information 

(RFI) in the Federal Register that sought 

comments and information from 

stakeholders on several issues 

pertaining to the commercial packaged 

boiler test procedure. 79 FR 9643. Any 

amended standard adopted as part of 

this rulemaking would ultimately be 

based on the updates to the test 

procedure (if any) that are adopted in 

the test procedure rulemaking. 

B. Current Rulemaking Process 

In initiating this rulemaking, DOE 

prepared a Framework Document, 

‘‘Energy Conservation Standards 

Rulemaking Framework Document for 

Commercial Packaged Boilers,’’ which 

describes the procedural and analytical 

approaches DOE anticipates using to 

evaluate energy conservation standards 

for commercial packaged boilers. DOE 

published a notice that announced both 

the availability of the Framework 

Document and a public meeting to 

discuss the proposed analytical 

framework for the rulemaking. That 

notice also invited written comments 

from the public. 78 FR 54197 (Sept. 3, 

2013). The Framework Document is 

available at: http://

www1.eere.energy.gov/buildings/

appliance_standards/rulemaking.aspx/

ruleid/79. 

DOE held a public meeting on 

October 1, 2013, at which it described 

the various analyses DOE would 

conduct as part of the rulemaking, such 

as the engineering analysis, the lifecycle cost (LCC) and payback period 

(PBP) analyses, and the national impact 

analysis (NIA). Representatives of 

manufacturers, trade associations, 

environmental and energy efficiency 

advocates, and other interested parties 

attended the meeting. The participants 

discussed the following major topics, 

among others: (1) The rulemaking scope 

(2) test procedures for commercial 

packaged boilers; and (3) various issues 

related to the planned analyses of 

amended energy conservation 

standards. 

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 in response to the 

Framework Document. 

III. Summary of the Analyses 

Performed by DOE 

For the commercial packaged boiler 

equipment covered in this rulemaking, 

DOE conducted in-depth technical 

analyses in the following areas: (1) 

Engineering; (2) markups to determine 


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equipment price; (3) energy use; (4) lifecycle 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/79. 

DOE also conducted, and has 

included in the preliminary TSD, 

several other analyses that support the 

major analyses or are preliminary 

analyses that will be expanded upon for 

a NOPR if DOE determines that 

amended energy conservation standards 

are technologically feasible, 

economically justified, and would save 

a significant amount of energy, based on 

the information available to DOE. 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 

LCC 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 in 

the NOPR. 

A. Engineering Analysis 

The engineering analysis establishes 

the relationship between the 

manufacturer selling price and 

efficiency levels of the equipment that 

DOE is evaluating as potential energy 

conservation standards. This 

relationship serves as the basis for costbenefit calculations for individual 

consumers, manufacturers, and the 

Nation. The engineering analysis 

identifies representative baseline 

equipment, which is the starting point 

for analyzing technologies that provide 

energy efficiency improvements. 

‘‘Baseline equipment’’ refers to a model 

or models having features and 

technologies typically found in 

minimally-efficient equipment currently 

available on the market and, for 

equipment 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. DOE 

used these inputs to develop 

manufacturer selling prices for the 

baseline and more-efficient designs. 

Later, in the markups analysis to 

determine the installed price, DOE 

converts these manufacturer selling 

prices into installed prices. Chapter 5 of 

the preliminary TSD discusses the 

engineering analysis. 

B. Markups To Determine Commercial 

Consumer Prices 

DOE derives commercial consumer 

installed 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 

equipment sales, the markup associated 

with each party in each distribution 

channel, and the existence and 

magnitude of differences between 

markups for baseline equipment 

(baseline markups) and higherefficiency equipment (incremental 

markups). DOE calculates both overall 

baseline and overall incremental 

markups based on the equipment 

markups at each step in each 

distribution channel. Chapter 6 of the 

preliminary TSD addresses the markups 

analysis. 

C. Energy Use Analysis 

The energy use analysis provides 

estimates of the annual energy 

consumption of commercial packaged 

boilers. The energy use analysis seeks to 

estimate the range of energy 

consumption of equipment that meets 

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 commercial 

consumers. The LCC is the total cost to 

the commercial consumer of 

purchasing, installing, and operating the 

considered commercial packaged boiler 

equipment over the course of its 

lifetime. The LCC analysis compares the 

LCCs of equipment designed to meet 

possible energy conservation standards 

with the LCC of the equipment 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 equipment (energy 

cost and maintenance and repair cost); 

(3) equipment lifetime; and (4) a 

discount rate that reflects the real 

commercial 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 equipment 

through savings in the operating cost of 

the equipment. PBP is calculated by 

dividing the incremental increase in 

installed cost of the higher-efficiency 

equipment, compared to the baseline 

equipment, 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 

amended standards at specific efficiency 

levels (referred to as candidate standard 

levels). DOE calculated NES and NPV 

for each candidate standard level for 

commercial packaged boilers as the 

difference between a base-case forecast 

(without amended standards) and the 

standards-case forecast (with standards). 

DOE determined national annual energy 

consumption by multiplying the 

number of units in use (by vintage) by 

the average unit energy consumption 

(also by vintage). Cumulative energy 

savings are the sum of the annual NES 

determined for the lifetime of the 

equipment shipped from 2019 to 2048. 

This 30-year analysis period begins in 

2019, the expected first full year of 

compliance with the amended 

standards. 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 

equipment lifetimes, equipment 

installed costs and operating costs, 

equipment 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. The 

final rule establishing any amended 

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 


rmajette on DSK2VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Proposed Rules 69071 

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/79. 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 this equipment 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 January 20, 2015 

comments, data, and other information 

on matters addressed in the preliminary 

TSD and on other matters relevant to 

consideration of energy conservation 

standards for commercial packaged 

boilers. 

The public meeting will be conducted 

in an informal conference style. A court 

reporter will be present to record the 

proceedings. 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. Afterward, DOE will publish 

either a determination that the 

standards for commercial packaged 

boilers need not be amended or a NOPR 

proposing to amend those standards. 

The NOPR would include proposed 

energy conservation standards for the 

equipment covered by the rulemaking, 

and members of the public would be 

given an opportunity to submit written 

and oral comments on the proposed 

standards. 

A. Attendance at the 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 4A–104, 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. 

Due to the REAL ID Act implemented 

by the Department of Homeland 

Security (DHS), there have been recent 

changes regarding identification (ID) 

requirements for individuals wishing to 

enter Federal buildings from specific 

States and U.S. territories. As a result, 

driver’s licenses from the following 

States or territory will not be accepted 

for building entry, and instead, 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 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. 

Attendees may participate in the 

public meeting via webinar. 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/79. Participants are responsible 

for ensuring their computer systems are 

compatible with the webinar software. 

The purpose of the meeting is to 

receive oral and written comments, 

data, and other information that would 

provide understanding about potential 

issues associated with this rulemaking. 

DOE must receive requests to speak at 

the meeting before 4:00 p.m. ET, 

December 1, 2014. DOE must receive a 

signed original and an electronic copy 

of any statement to be given at the 

public meeting before 4:00 p.m. ET, 

November 24, 2014. 

B. Procedure for Submitting Requests To 

Speak 

Any person who has an interest in 

this NOPM 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 handdeliver requests to speak, along with a 

computer diskette or CD in WordPerfect, 

Microsoft Word, portable data format 

(PDF), or text (ASCII) file format to Ms. 

Brenda Edwards at the address shown 

in the ADDRESSES section at the 

beginning of this NOPM 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 Office. The request to give 

an oral presentation should ask for such 

alternative arrangements. 

C. Conduct of the 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. 


rmajette on DSK2VPTVN1PROD with PROPOSALS
69072 Federal Register / Vol. 79, No. 224 / Thursday, November 20, 2014 / Proposed Rules 

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 before or after the public 

meeting, but no later than the 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–2013–BT– 

STD–0030 and/or RIN 1904–AD01 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 the 

preliminary technical support 

document. 

Issued in Washington, DC, on November 

13, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–27380 Filed 11–19–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0744; Airspace 

Docket No. 14–ACE–5] 

Proposed Establishment of Class E 

Airspace; Tribune, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at Tribune, 

KS. Controlled airspace is necessary to 

accommodate new Standard Instrument 

Approach Procedures (SIAPs) at 

Tribune Municipal Airport. The FAA is 

taking this action to enhance the safety 

and management of Instrument Flight 

Rules (IFR) operations for SIAPs at the 

airport. 

DATES: Comments must be received on 

or before January 5, 2015. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, 1200 

New Jersey Avenue SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. You must 

identify the docket number FAA–2014– 

0744/Airspace Docket No. 14–ACE–5, at 

the beginning of your comments. You 

may also submit comments through the 

Internet at http://www.regulations.gov. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office between 

9:00 a.m. and 5:00 p.m., Monday 

through Friday, except Federal holidays. 

The Docket Office (telephone 1–800– 

647–5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Shelby, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone: 817–321– 

7740. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2014–0744/Airspace 

Docket No. 14–ACE–5.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/airports_airtraffic/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the office of 

the Central Service Center, 2601 

Meacham Blvd., Fort Worth, TX 76137. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 


rmajette on DSK2VPTVN1PROD with PROPOSALS