[Federal Register Volume 75, Number 223 (Friday, November 19, 2010)]
[Proposed Rules]
[Pages 70852-70854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29208]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2010-BT-STD-0037]
RIN 1904-AC39


Energy Efficiency Program for Consumer Products: Public Meeting 
and Availability of the Framework Document for Automatic Commercial 
Ice-Makers

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

ACTION: Notice of public meeting and availability of the framework 
document.

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SUMMARY: The U.S. Department of Energy (DOE) is initiating a rulemaking 
and data collection process to consider amended energy conservation 
standards for automatic commercial ice-makers. DOE will hold a public 
meeting to discuss and receive comments on its planned analytical 
approach and issues it will address in this rulemaking proceeding. DOE 
welcomes written comments and relevant data from the public on any 
subject within the scope of this rulemaking. To inform interested 
parties and to facilitate this process, DOE has prepared a framework 
document that details the analytical approach and identifies several 
issues on which DOE is particularly interested in receiving comments.

DATES: DOE will hold a public meeting on Thursday, December 16, 2010 
from 9 a.m. to 4 p.m. in Washington, DC. Additionally, DOE plans to 
conduct 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 https://www1.gotomeeting.com/register/782074929. Participants 
are responsible for ensuring that their systems are compatible with the 
webinar software.
    DOE must receive requests to speak at the public meeting before 4 
p.m., Thursday, December 2, 2010. DOE must receive an electronic copy 
of the statement with the name and, if appropriate, the organization of 
the presenter to be given at the public meeting before 4 p.m., 
Thursday, December 9, 2010. DOE will accept written comments, data, and 
information regarding the framework document before and after the 
public meeting, but no later than January 18, 2011. Comments submitted 
after the above date may not be considered. DOE encourages all written 
comments, data, and information to be submitted in electronic form.

[[Page 70853]]


ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Please note that foreign nationals planning 
to participate in the public meeting are subject to advance security 
screening procedures. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon a possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed.
    Interested parties are encouraged to submit comments electronically 
by the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail to the following address: [email protected]. Include docket number EERE-2010-BT-STD-0037 and/or RIN 
1904-AC39 in the subject line of the message. All comments should 
clearly identify the name, address, and, if appropriate, organization 
of the commenter.
    Alternatively, interested parties may submit comments by the 
following methods:
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Framework Document for 
Automatic Commercial Ice-Making Equipment, Docket No. EERE-2010-BT-STD-
0037 and/or RIN 1904-AC39, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Please submit one signed paper original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024. Please submit one signed paper 
original.
    Docket: For access to the docket to read background documents, a 
copy of the transcript of the public meeting, or comments received, go 
to http://www.regulations.gov. Alternatively, interested parties may go 
to the U.S. Department of Energy, Resource Room of the Building 
Technologies Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington, 
DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Please call Ms. Brenda Edwards first 
at the above telephone number for additional information regarding 
visiting the Resource Room.
    A copy of the framework document and a link to the docket web page 
are available at: http://www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Llenza, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-2192. E-mail: [email protected].
    Mr. Ari Altman, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 287-6307. E-mail: [email protected].
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Ms. Brenda Edwards, 
U.S. Department of Energy, Office of Energy Efficiency and Renewable 
Energy, Building Technologies Program, EE-2J, 1000 Independence Avenue, 
SW., Washington, DC 20585-0121. Telephone (202) 586-2945. E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Title III, Part C 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, Sec.  441(a), 
established the Energy Conservation Program for Certain Industrial 
Equipment, a program covering certain industrial equipment, which 
includes the automatic commercial ice-makers that are the focus of this 
notice.\1\
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was re-designated Part A-1.
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    Section 136(d) of the Energy Policy Act of 2005 (EPACT 2005), 
Public Law 109-58, amended EPCA to prescribe energy conservation 
standards for some automatic commercial ice-makers. (42 U.S.C. 
6313(d)(1)) A summary of these standards can be found in section 1.3 of 
the framework document. The EPACT 2005 amendments (42 U.S.C. 
6313(d)(2)) also authorize DOE to issue standards for types of 
automatic commercial ice makers that are not covered by 42 U.S.C. 
6313(d)(1). In addition, not later than January 1, 2015, with respect 
to the standards at 42 U.S.C. 6313(d)(1), and not later than 5 years 
after the effective date of any standards issued by DOE under 42 U.S.C. 
6313(d)(2), DOE is to issue a final rule to determine whether amending 
the applicable standards is technologically feasible and economically 
justified. (42 U.S.C. 6313(d)(3)(A)) Any final rule issued by the 
Secretary establishing a new or amended standard shall provide that the 
new or amended standard applies to products manufactured on or after 
the date that is 3 years after the standard is published, unless the 
Secretary determines by rule that 3 years is inadequate, in which case 
the standard shall apply to products manufactured on or after a date no 
later than 5 years after the date on which the final rule is published. 
Any new or amended standard issued by the Secretary under 42 U.S.C. 
6313(d) shall be set at the maximum level that is technically feasible 
and economically justified. This framework document is being published 
as a first step toward meeting these statutory requirements.
    The Energy Independence and Security Act of 2007 (section 310 of 
EISA 2007; Pub. L. 110-140) requires quantification of standby and off 
mode energy consumption in energy conservation standards for consumer 
products. (42 U.S.C. 6295) The section which establishes energy 
conservation standards for commercial and industrial equipment, section 
342, was not similarly amended to include requirements for addressing 
standby and off mode equipment. Therefore, standby and off modes will 
not be considered for automatic commercial ice-makers.
    To initiate this rulemaking process, DOE has prepared a framework 
document to explain the relevant issues, analyses, and processes it 
anticipates using to determine whether to amend the standards, as well 
as for the development of any amended standards. The focus of the 
public meeting will be to discuss the analyses presented and issues 
identified in the framework document. At the public meeting, DOE will 
make presentations, invite discussion on the rulemaking process as it 
applies to automatic commercial ice-making equipment, and solicit 
comments, data, and information from participants and other interested 
parties.
    DOE is planning to conduct in-depth technical analyses in the 
following areas: (1) Engineering; (2) energy-use characterization; (3) 
product price; (4) life-cycle cost and payback period; (5) national 
impact analysis; (6) manufacturer impact analysis; (7) utility impact 
analysis; (8) employment impact analysis; (9) environmental assessment; 
and (10) regulatory impact analysis. DOE will also conduct several 
other analyses that support those previously listed, including the 
market and technology assessment, the screening analysis (which 
contributes to the engineering analysis), and the shipments analysis 
(which contributes to the national impact analysis).
    DOE encourages those who wish to participate in the public meeting 
to obtain the framework document and to be prepared to discuss its 
contents. A

[[Page 70854]]

copy of the framework document is available at: http://www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html.
    Public meeting participants need not limit their comments to the 
issues identified in the framework document. DOE is also interested in 
comments on other relevant issues that participants believe would 
affect energy conservation standards for this equipment, applicable 
test procedures, or the preliminary determination of the scope of 
coverage. DOE invites all interested parties, whether or not they 
participate in the public meeting, to submit in writing by January 18, 
2011, comments and information on matters addressed in the framework 
document and on other matters relevant to DOE's consideration of 
amended standards for automatic commercial ice-makers.
    The public meeting will be conducted in an informal, facilitated, 
conference style. There shall be no discussion of proprietary 
information, costs or prices, market shares, or other commercial 
matters regulated by U.S. antitrust laws. A court reporter will record 
the proceedings of the public meeting, after which a transcript will be 
available for purchase from the court reporter and placed on the DOE 
Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/commercial/automatic_ice_making_equipment.html.
    After the public meeting and the close of the comment period on the 
framework document, DOE will begin conducting the analyses as discussed 
in the framework document and at the public meeting, and reviewing the 
public comments.
    DOE considers public participation to be a very important part of 
the process for determining whether to amend energy conservation 
standards, as well as for setting those amended standards. DOE actively 
encourages the participation and interaction of the public during the 
comment period in each stage of the rulemaking process. Beginning with 
the framework document, and during each subsequent public meeting and 
comment period, interactions with and among members of the public 
provide a balanced discussion of the issues to assist DOE in the 
standards rulemaking process. Accordingly, anyone who wishes to 
participate in the public meeting, receive meeting materials, or be 
added to the DOE mailing list to receive future notices and information 
about this rulemaking should contact Ms. Brenda Edwards at (202) 586-
2945, or via e-mail at [email protected].

    Issued in Washington, DC, on November 4, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-29208 Filed 11-18-10; 8:45 am]
BILLING CODE 6450-01-P