[Federal Register Volume 76, Number 179 (Thursday, September 15, 2011)]
[Proposed Rules]
[Pages 57007-57008]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23634]


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DEPARTMENT OF ENERGY

10 CFR Part 431

RIN 1904-AC62


Efficiency and Renewables Advisory Committee, Appliance Standards 
Subcommittee, Negotiated Rulemaking Subcommittee/Working Group for Low-
Voltage Dry-Type Distribution Transformers

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

ACTION: Notice of open meeting.

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SUMMARY: This document announces an open meeting of the Negotiated 
Rulemaking Working Group for Low-Voltage Dry-Type Distribution 
Transformers (hereafter ``LV Group''). The LV Group is a working group 
within the Appliance Standards Subcommittee of the Efficiency and 
Renewables Advisory Committee (ERAC). The purpose of the LV Group is to 
discuss and, if possible, reach consensus on a proposed rule for 
regulating the energy efficiency of distribution transformers, as 
authorized by the Energy Policy Conservation Act (EPCA) of 1975, as 
amended, 42 U.S.C. 6313(a)(6)(C) and 6317(a). A separate Working Group 
on Liquid-Immersed and Medium-Voltage Dry Type Distribution 
Transformers is being convened to discuss and, if possible, reach 
consensus on a proposed rule for regulating the energy efficiency of 
medium-voltage and liquid-immersed transformers, as authorized by the 
Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 
6313(a)(6)(C) and 6317(a) [FR Doc. 2011-19263].

DATES: Wednesday, September 28, 2011, 9 a.m.-5 p.m.

ADDRESSES: Department of Energy, Forrestal Building, 1000 Independence 
Avenue, SW., Room 8E-089, Washington, DC 20585. Please arrive at least 
30 minutes early for building entry requirements. Please view the 
Public Participation section for more information.

FOR FURTHER INFORMATION CONTACT: John Cymbalsky, U.S. Department of 
Energy, Office of Building Technologies (EE-2J), 1000 Independence 
Avenue, SW., Washington, DC 20585-0121. Telephone: (202) 287-1692. E-
mail: [email protected].

SUPPLEMENTARY INFORMATION:
    Background: The Department of Energy has decided to use the 
negotiated rulemaking process to develop proposed energy efficiency 
standards for distribution transformers. The primary reasons for using 
the negotiated rulemaking process for developing a proposed Federal 
standard is that stakeholders strongly support a consensual rulemaking 
effort and DOE believes such a regulatory negotiation process will be 
less adversarial and better suited to resolving the complex technical 
issues raised by this rulemaking. 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 proposed regulation that is then presented to the public 
for comment. Gaining this early understanding of all parties' 
perspectives allows DOE to address key issues at an earlier stage of 
the process, thereby allowing more time for an iterative process to 
resolve issues. A rule drafted by negotiation with informed and 
affected parties is more likely to maximize benefits while minimizing 
unnecessary costs than one conceived or drafted without the opportunity 
for sustained dialog among interested and expert parties. 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.
    To the maximum extent possible, consistent with the legal 
obligations of the Department, DOE will use the consensus of the 
advisory committee or subcommittee as the basis for the rule the 
Department proposes for public notice and comment.
    Membership: The Members of the LV Group were chosen from 
nominations submitted in response to the Department of Energy's call 
for nominations published in the Federal Register on Friday, August 12, 
2011 [FR Doc. 2011-20541]. The selections are designed to ensure a 
broad and balanced array of stakeholder interests and

[[Page 57008]]

expertise on the negotiating working group for the purpose of 
developing a rule that is legally and economically justified, 
technically sound, fair to all parties, and in the public interest. All 
meetings are open to all stakeholders and the public, and participation 
by all is welcome within boundaries as required by the orderly conduct 
of business. Considerations are still being made for additional 
membership, but the current Members of the LV Group are as follows:
     Tim Ballo (Earthjustice).
     Scott Beck (Lakeview Metals).
     Eric Petersen (AK Steel).
     Gary Fernstrom (PG&E).
     Andrew DeLaski (ASAP).
     Robin Roy (NRDC).
     Steve Nadel (ACEEE).
     Eduardo Robles (Eaton).
     Robert Greeson (Federal Pacific).
     Vijay Tendulkar (ONYX Power).
     Chad Kennedy (Schneider).
     John Caskey (NEMA).
     Millure David (Metglas).
     John Cymbalsky (U.S. Department of Energy).
     Mark Stoering (Xcel Energy).
    Purpose of the Meeting: To launch the process of seeking consensus 
on a proposed rule for setting standards for the energy efficiency of 
low-voltage dry type distribution transformers, as authorized by the 
Energy Policy Conservation Act (EPCA) of 1975, as amended, 42 U.S.C. 
6313(a)(6)(C) and 6317(a).
    Tentative Agenda: The meeting will start at 9 a.m. and will 
conclude at 5 p.m. on Wednesday, September 28, 2011, in room 8E-089 at 
DOE's, Forrestal Building, 1000 Independence Avenue, SW., Washington, 
DC 20585. The tentative meeting agenda includes introductions, 
agreement on facilitator and rules of procedure, presentations from DOE 
consultants on the results of their revised analysis of alternative 
candidate standard levels, and identification of the issues to be 
addressed by the negotiations, and any outstanding data needs.
    Public Participation: Members of the public are welcome to observe 
the business of the meetings and to make comments related to the issues 
being discussed at appropriate points, when called on by the moderator. 
The facilitator will make every effort to hear the views of all 
interested parties, within limits, required for the orderly conduct of 
business. To attend the meeting and/or to make oral statements 
regarding any of the items on the agenda, e-mail [email protected] no 
later than 5 p.m., Thursday, September 22, 2011. Please include ``LV 
Work Group 092811'' in the subject line of the message. An early 
confirmation of attendance will help facilitate access to the building 
more quickly. In the e-mail, please provide your name, organization, 
citizenship and contact information. Space is limited.
    Anyone attending the meeting will be required to present 
government-issued identification. Foreign nationals will be required, 
per DOE security protocol, to complete a questionnaire, no later than, 
one week prior to the meeting, Thursday, September 22, 2011.
    Participation in the meeting is not a prerequisite for submission 
of written comments. ERAC invites written comments from all interested 
parties. If you would like to file a written statement with the 
committee, you may do so either by submitting a hard or electronic copy 
before or after the meeting. Electronic copy of written statements 
should be e-mailed to [email protected].
    Minutes: The minutes of the meeting will be available for public 
review at http://www.erac.energy.gov.

    Issued at Washington, DC, on September 8, 2011.
LaTanya R. Butler,
Acting Deputy Committee Management Officer.
[FR Doc. 2011-23634 Filed 9-14-11; 8:45 am]
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