[Federal Register Volume 72, Number 19 (Tuesday, January 30, 2007)]
[Proposed Rules]
[Pages 4219-4220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-1502]


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

  Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / 
Proposed Rules  

[[Page 4219]]



DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

10 CFR Part 430

[Docket No. EE-RM/STD-0129]
RIN 1904-AA90


Energy Conservation Program for Consumer Products: Energy 
Conservation Standards for Residential Water Heaters, Direct Heating 
Equipment, and Pool Heaters

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

ACTION: Notice of extension of comment period for Framework workshop.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (DOE) has commenced a rulemaking to 
amend the existing energy conservation standards for residential water 
heaters, direct heating equipment, and pool heaters. On November 24, 
2006, the DOE published in the Federal Register (FR) a notice of public 
meeting and availability of Framework Document for this rulemaking 
wherein it indicated that the comment period for this initial phase of 
the rulemaking closes on January 30, 2007. 71 FR 67825. On January 16, 
2007, DOE held an informal public meeting to present its proposed 
methodologies for conducting the rulemaking, discuss issues relevant to 
the rulemaking proceeding, and initiate stakeholder interaction and the 
data collection process. Due to the extensive scope of material and 
issues raised at the meeting, some stakeholders at the public meeting 
requested an extension to the comment period. This notice extends the 
comment period to better provide opportunity for public review and 
comment on DOE's rulemaking approaches.

DATES: DOE will accept comments until February 13, 2007.

ADDRESSES: DOE will accept comments, data, and information regarding 
the proposed rule no later than the date provided in the DATES section. 
Any comments submitted must include the docket number EE-2006-STD-0129 
and/or Regulatory Information Number (RIN) 1904-AA90. Comments may be 
submitted using any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: [email protected]. Include the docket 
number EE-2006-STD-0129 and/or RIN 1904-AA90 in the subject line of the 
message.
    3. Mail: Ms. Brenda Edwards-Jones, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121. Please submit one signed 
original paper copy.
    4. Hand Delivery/Courier: Ms. Brenda Edwards-Jones, U.S. Department 
of Energy, Building Technologies Program, Room 1J-018, 1000 
Independence Avenue, SW., Washington, DC 20585. Telephone: (202) 586-
2945. Please submit one signed original paper copy.
    Electronic comments must be submitted in WordPerfect, Microsoft 
Word, Portable Document Format (PDF), or text (ASCII) file format. 
Avoid the use of special characters or any form of encryption.
    Copies of public comments may be examined in the Resource Room of 
the Appliance Standards Office of the Building Technologies Program, 
Room 1J-018 in the Forrestal Building at the U.S. Department of Energy, 
1000 Independence Avenue, SW., Washington, DC, between the hours of 9 
a.m. and 4 p.m., Monday through Friday, except Federal holidays. Please 
call Ms. Brenda Edwards-Jones at the above telephone number for 
additional information about visiting the Resource Room. Please note: 
the DOE's Freedom of Information Reading Room (formerly Room 1E-190 at 
the Forrestal Building) is no longer servicing rulemakings.

FOR FURTHER INFORMATION CONTACT: Mohammed Khan, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Forrestal 
Building, Mailstop EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-7892, E-mail: [email protected]; or 
Francine Pinto, U.S. Department of Energy, Office of General Counsel, 
Forrestal Building, Mailstop GC-72, 1000 Independence Avenue, SW., 
Washington, DC 20585, (202) 586-7432, E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Discussion
III. Public Participation

I. Background

    Part B of Title III of the Energy Policy and Conservation Act 
(EPCA) authorizes DOE to establish energy conservation standards for 
various consumer products including those residential water heaters, 
direct heating equipment, and pool heaters. (42 U.S.C. 6295(e))
    EPCA provides criteria for prescribing new or amended standards for 
covered products. Any new or amended standard for a covered product 
must be designed to achieve the maximum improvement in energy 
efficiency that is technologically feasible and economically justified. 
(42 U.S.C. 6295(o)(2)(A)) EPCA precludes the Department from adopting 
any standard that would not result in significant conservation of 
energy. (42 U.S.C. 6295(o)(3))
    Pursuant to EPCA, DOE, on November 24, 2006, published in the 
Federal Register (FR) a notice of public meeting and availability of a 
Framework Document initiating its rulemaking for residential water 
heaters, direct heating equipment, and pool heaters. 71 FR 67825. On 
January 16, 2007, DOE held an informal public meeting to present its 
proposed methodologies for conducting the rulemaking, discuss issues 
relevant to the rulemaking proceeding, and initiate stakeholder 
interaction and the data collection process. Due to the extensive scope 
of material and issues raised at the public meeting, some stakeholders 
at the public meeting requested an extension to the comment period to 
have additional time to develop adequate and complete comments. The 
Department is however, committed to completing many rulemaking 
activities, including this one for residential water heaters, direct 
heating equipment, and pool heaters, by pre-established dates and 
cannot allow an extension that would potentially jeopardize its ability 
to meet its schedules.

[[Page 4220]]

II. Discussion

    The Department recognizes the stakeholders' request for additional 
time to prepare comments, and because it encourages all stakeholders to 
provide comment, the Department is extending the comment period to 
February 13, 2007. The Department believes this additional time allows 
for the development and completion of stakeholder comments without 
posing a conflict to the DOE regarding its rulemaking schedules.

III. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notice no later than the date provided at the beginning of this notice. 
Comments, data, and information submitted to the Department's e-mail 
address for this rulemaking should be provided in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format. Stakeholders should 
avoid the use of special characters or any form of encryption, and 
wherever possible, comments should include the electronic signature of 
the author. Absent an electronic signature, comments submitted 
electronically must be followed and authenticated by submitting a 
signed original paper document to the address provided at the beginning 
of this notice. Comments, data, and information submitted to the 
Department via mail or hand delivery/courier should include one signed 
original paper copy. No telefacsimiles (faxes) will be accepted.
    According 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 about 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 or available from public 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 after which such information might no 
longer be considered confidential; and (7) why disclosure of the 
information would be contrary to the public interest.

B. Issues on Which DOE Seeks Comment

    DOE is interested in receiving comments and views of interested 
parties concerning its proposed rulemaking methodologies as outlined in 
the Framework Document and presentation material provided at the 
January 16, 2007 public meeting. These materials are available at the 
following Web address: http://www.eere.energy.gov/buildings/appliance_standards/residential/pool_heaters.html.

    Issued in Washington, DC, on January 25, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E7-1502 Filed 1-29-07; 8:45 am]
BILLING CODE 6450-01-P