[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Proposed Rules]
[Pages 9631-9633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03000]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2012-BT-STD-0047]
RIN 1904-AC88


Energy Efficiency Program for Consumer Products: Energy 
Conservation Standards for Residential Boilers

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 the 
rulemaking and data collection process to consider amending the energy 
conservation standards for residential boilers. This rulemaking will 
satisfy the statutory requirement for DOE to conduct a second round of 
energy conservation standards rulemaking for residential boilers, and 
it will also fulfill DOE's statutory obligation to review energy 
conservation standards within six years after issuance of any final 
rule establishing or amending a standard to determine whether such 
standards should be amended. After concluding its initial review of the 
available information and public comments, DOE will publish either a 
notice of the determination that standards do not need to be amended, 
or a notice of proposed rulemaking including new proposed standards. To 
inform interested parties and to facilitate this process, DOE has 
prepared a Framework Document that details the analytical approach and 
scope of coverage for the rulemaking, and identifies several issues on 
which DOE is particularly interested in receiving comments. 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. A copy of 
the Framework Document is available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/furnaces_boilers.html.

DATES: Meeting: DOE will hold a public meeting on Wednesday, March 13, 
2013, from 9:00 a.m. to 2:00 p.m. directly after the Residential 
Furnace and Boilers Test Procedure NOPR Pubic Meeting in Washington, 
DC. Additionally, DOE plans to conduct the public meeting via webinar. 
You may attend the public meeting via webinar, and registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on 
DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/furnaces_boilers.html. 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 
4:00 p.m., Wednesday, February 27, 2013. 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 
4:00 p.m., Wednesday, March 6, 2013.
    Comments: DOE will accept written comments, data, and information 
regarding the Framework Document before and after the public meeting, 
but no later than March 28, 2013.

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 as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed. Please note that any person 
wishing to bring a laptop computer into the Forrestal Building will be 
required to obtain a property pass. Visitors should avoid bringing 
laptops, or allow an extra 45 minutes. As noted above, persons may also 
attend the public meeting via webinar.
    Interested parties are encouraged to submit comments 
electronically. However, comments may be submitted by any of the 
following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     E-Mail: [email protected]. Include docket 
number EERE-2012-BT-STD-0047 and/or regulatory identification number 
(RIN) 1904-AC88 in the subject line of the message. All comments should 
clearly identify the name, address, and, if appropriate, organization 
of the commenter. Submit electronic comments in WordPerfect, Microsoft 
Word, PDF, or ASCII file format, and avoid the use of special 
characters or any form of encryption.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building

[[Page 9632]]

Technologies Program, Mailstop EE-2J, Framework Document for 
Residential Boilers, Docket No. EERE-2012-BT-STD-0047 and/or RIN 1904-
AC88, 1000 Independence Avenue SW., Washington, DC 20585-0121. If 
possible, please submit all items on a compact disc (CD), in which case 
it is not necessary to include printed copies.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant 
Plaza SW., Washington, DC 20024. Telephone: (202) 586-2945. If 
possible, please submit all items on a CD, in which case it is not 
necessary to include printed copies.
    Instructions: All submissions received must include the agency name 
and docket number and/or RIN for this rulemaking. No telefacsimilies 
(faxes) will be accepted.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, public meeting attendees lists and 
transcripts, comments, and other supporting 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.
    A link to the docket Web page can be found at: www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR%252BPS;rpp=25;po=0;D=EER
E-2012-BT-STD-0047. This Web page contains a link to the docket for 
this notice on the www.regulations.gov Web site. The 
www.regulations.gov Web page contains simple instructions on how to 
access all documents, including public comments, in the docket.
    For 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: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Mr. John Cymbalsky, 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) 286-1692. Email: [email protected].

Mr. Eric Stas, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. 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. Email: 
[email protected].

SUPPLEMENTARY INFORMATION: Title III, Part B \1\ of the Energy Policy 
and Conservation Act of 1975 (EPCA or the Act), Public Law 94-163 (42 
U.S.C. 6291-6309, as codified) sets forth a variety of provisions 
designed to improve energy efficiency and established the Energy 
Conservation Program for Consumer Products Other Than Automobiles, a 
program covering most major household appliances (collectively referred 
to as ``covered products'').\2\ These include the types of residential 
boilers \3\ that are the subject of this rulemaking. (42 U.S.C. 
6292(a)(5)) This program authorizes DOE to establish technologically 
feasible, economically justified energy efficiency regulations for 
certain products and equipment that would be likely to result in 
substantial national energy savings. (42 U.S.C. 6295(o)(2)(B)(i)(I)-
(VII))
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All 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).
    \3\ Under 42 U.S.C. 6292(a)(5), the statute establishes 
``furnaces'' as covered products. Originally, boilers were 
considered a class of furnaces. However, amendments to EPCA in EISA 
2007 distinguished between furnaces and boilers in 42 U.S.C. 6295(f) 
by adding the text ``and boilers'' to the title of that section and 
by prescribing standards for those products. Although EISA 2007 did 
not similarly update 42 U.S.C. 6292(a)(5), it is implicit that this 
coverage continues to include boilers.
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    The National Appliance Energy Conservation Act of 1987 (NAECA), 
Pub. L. 100-12, amended EPCA and established energy conservation 
standards for residential boilers, as well as requirements for 
determining whether these standards should be amended. (42 U.S.C. 
6295(f)) Specifically, NAECA set minimum standards for boilers in terms 
of the annual fuel utilization efficiency (AFUE) and required that DOE 
publish a final rule to determine whether the standard should be 
amended no later than January 1, 1994. (42 U.S.C. 6295(f)(1) and 
(4)(B)) It also required that DOE publish a final rule to determine 
whether standards in effect for such products should be amended after 
January 1, 1997 and before January 1, 2007. (42 U.S.C. 6295(f)(4)(C))
    On November 19, 2007, DOE published a final rule in the Federal 
Register (hereafter referred to as the ``November 2007 final rule'') 
revising the energy conservation standards for furnaces and boilers, 
which addressed the first required review of minimum standards for 
boilers under 42 U.S.C. 6295(f)(4)(B). 72 FR 65136. Compliance with the 
standards in the November 2007 final rule would have been required by 
November 19, 2015. However, 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 residential boilers. More specifically, EISA 2007 revised 
the minimum AFUE requirements for residential boilers and set several 
design requirements for each product class. (42 U.S.C. 6295(f)(3)) EISA 
2007 required compliance with the amended energy conservation standards 
for residential boilers beginning on September 1, 2012. On July 15, 
2008, DOE issued a final rule technical amendment, which was published 
in the Federal Register on July 28, 2008, that codified the EISA 2007 
amendments to the energy conservation standards for residential 
boilers. 73 FR 43611.
    DOE is initiating this rulemaking pursuant to 42 U.S.C. 
6295(f)(4)(C), which requires DOE to conduct a second round of amended 
standards rulemaking for residential boilers. EPCA, as amended by EISA 
2007, also requires that not later than 6 years after issuance of any 
final rule establishing or amending a standard, DOE must publish either 
a notice of the determination that standards for the product do not 
need to be amended, or a notice of proposed rulemaking including new 
proposed energy conservation standards. (42 U.S.C. 6295(m)(1)) As noted 
above, DOE's last final rule for residential boilers was issued on July 
15, 2008, so as a result, DOE must act by July 15, 2014. This 
rulemaking will satisfy both statutory provisions.
    Furthermore, EISA 2007 amended EPCA to require that any new or 
amended energy conservation standard adopted after July 1, 2010 shall 
address standby mode and off mode energy use, pursuant to 42 U.S.C. 
6295(o). (42 U.S.C. 6295(gg)(3)) On October 20, 2010, DOE published a 
final rule in the Federal Register revising the test procedure for 
residential boilers to include provisions for measuring standby mode 
and off mode electricity consumption. 75 FR 64621. DOE then updated the 
provisions for measuring

[[Page 9633]]

standby mode and off mode electricity consumption in a subsequent final 
rule published in the Federal Register on December 31, 2012. 77 FR 
76831. DOE will consider standby mode and off mode energy use as part 
of this rulemaking process for residential boilers.
    DOE has prepared the Framework Document to explain the relevant 
issues, analyses, and processes it anticipates using when considering 
amended energy conservation standards. The focus of the public meeting 
noted above will be to discuss the information presented and issues 
identified in the Framework Document. At the public meeting, DOE will 
make presentations and invite discussion on the rulemaking process as 
it applies to residential boilers. DOE will also 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 
impacts; (6) manufacturer impacts; (7) utility impacts; (8) employment 
impacts; (9) emission impacts; and (10) regulatory impacts. 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 copy of the Framework Document is available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/furnaces_boilers.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 these products, applicable 
test procedures, or the preliminary determination on the scope of 
coverage. DOE invites all interested parties, whether or not they 
participate in the public meeting, to submit in writing by March 28, 
2013, comments and information on matters addressed in the Framework 
Document and on other matters relevant to DOE's consideration of 
coverage of and standards for residential boilers.
    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/residential/furnaces_boilers.html.
    After the public meeting and the close of the comment period on the 
Framework Document, DOE will collect data, conduct the analyses as 
discussed in the Framework Document and at the public meeting, and 
review the public comments it receives.
    DOE considers public participation to be a very important part of 
the process for determining whether to amend energy conservation 
standards and, if so, in setting those amended standards. DOE actively 
encourages the participation and interaction of the public during the 
comment period at 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 email at [email protected].

    Issued in Washington, DC, on February 5, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2013-03000 Filed 2-8-13; 8:45 am]
BILLING CODE 6450-01-P