[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Proposed Rules]
[Pages 10628-10632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-04110]



[[Page 10628]]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2013-BT-STD-0033]
RIN 1904-AD02


Energy Conservation Standards for Portable Air Conditioners: 
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.

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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting 
to discuss and receive comments on the preliminary analysis it has 
conducted for purposes of establishing energy conservation standards 
for portable air conditioners (ACs). The meeting will cover the 
analytical framework, models, and tools that DOE is using to evaluate 
potential standards for this product; the results of preliminary 
analyses performed by DOE for this product; the potential energy 
conservation standard levels derived from these analyses that DOE could 
consider for this product; and any other issues relevant to the 
development of energy conservation standards for portable ACs. In 
addition, DOE encourages written comments on these subjects. To inform 
interested parties and to facilitate this process, DOE has prepared an 
agenda, a preliminary technical support document (TSD), and briefing 
materials, which are available on the DOE Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=76.

DATES: Meeting: DOE will hold a public meeting on Wednesday, March 18, 
2015, from 1 p.m. to 5 p.m., in Washington, DC. The meeting will also 
be broadcast as a webinar. See section IV, ``Public Participation,'' of 
this notice of public meeting (NOPM) for webinar registration 
information, participant instructions, and information about the 
capabilities available to webinar participants.
    Comments: DOE will accept comments, data, and information regarding 
this preliminary analysis before and after the public meeting, but no 
later than April 28, 2015. See section IV, ``Public Participation,'' 
for details.

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.
    Any comments submitted must identify docket number EERE-2013-BT-
STD-0033 and/or regulatory information number (RIN) number 1904-AD02. 
Comments may be submitted using any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: [email protected]. Include the 
docket number EERE-2013-BT-STD-0033 and/or RIN 1904-AD02 in the subject 
line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-5B, 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. [Please note that comments and CDs sent by mail are 
often delayed and may be damaged by mail screening processes.]
     Hand Delivery/Courier: 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. If possible, 
please submit all items on CD, in which case it is not necessary to 
include printed copies.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, 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: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-STD-0033. The 
regulations.gov Web page contains instructions on how to access all 
documents in the docket, including public comments.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald Majette, 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) 586-7935. Email: 
[email protected].

Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: [email protected].

    For further information on how to submit a comment or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority
II. History of Energy Conservation Standards Rulemaking for Portable 
Air Conditioners
    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 Public Meeting
    B. Procedure for Submitting Requests To Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
V. Approval of the Office of the Secretary

I. Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975, as amended, (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.\2\ EPCA authorizes DOE to 
establish technologically feasible, economically justified energy 
conservation standards for covered products or equipment that would be 
likely to result in significant national energy savings. (42 U.S.C. 
6295(o)(2)(B)(i)(I)-(VII)) In addition to specifying a list of covered 
products, EPCA contains provisions that enable the Secretary of Energy 
to classify additional types of consumer products as covered products. 
For a given product to be classified as a covered product, the 
Secretary must determine that:
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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).
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    (1) Classifying the product as a covered product is necessary for 
the purposes of EPCA; and
    (2) The average annual per-household energy use by products of each 
type is

[[Page 10629]]

likely to exceed 100 kilowatt-hours (kWh) per year. (42 U.S.C. 
6292(b)(1))
    To prescribe an energy conservation standard pursuant to 42 U.S.C. 
6295(o) and (p) for covered products added pursuant to 42 U.S.C. 
6292(b)(1), the Secretary must also determine that:
    (1) The average household energy use of the products has exceeded 
150 kWh per household for a 12-month period;
    (2) The aggregate 12-month energy use of the products has exceeded 
4.2 terawatt-hours (TWh);
    (3) Substantial improvement in energy efficiency is technologically 
feasible; and
    (4) Application of a labeling rule under 42 U.S.C. 6294 is unlikely 
to be sufficient to induce manufacturers to produce, and consumers and 
other persons to purchase, covered products of such type (or class) 
that achieve the maximum energy efficiency that is technologically 
feasible and economically justified. (42 U.S.C. 6295(l)(1))
    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
covered products must use as the basis for: (1) Certifying to DOE that 
their products comply with the applicable energy conservation standards 
adopted under EPCA, and (2) making representations about the efficiency 
of those products. Similarly, DOE must use these test procedures to 
determine whether the products comply with any relevant standards 
promulgated under EPCA.
    In prescribing a new or amended energy conservation standard, DOE 
is required to consider standards that: (1) Achieve the maximum 
improvement in energy efficiency that is technologically feasible and 
economically justified; and (2) result in significant conservation of 
energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)(B)) To determine whether a 
proposed standard is economically justified, DOE will, after receiving 
comments on the proposed standard, determine whether the benefits of 
the standard exceed its burdens to the greatest extent practicable, 
using 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 products 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 products 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. 6295(o)(2)(B)(i))

    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE will use to 
evaluate standards for the product at issue and the results of 
preliminary analyses DOE performed for the product. This notice 
announces the availability of the preliminary TSD, which details the 
preliminary analyses, discusses the comments DOE received from 
interested parties that are relevant to the rulemaking, and summarizes 
the preliminary results of DOE's analyses. In addition, DOE is 
announcing a public meeting to solicit feedback from interested parties 
on its analytical framework, models, and preliminary results.

II. History of Energy Conservation Standards Rulemaking for Portable 
Air Conditioners

A. Background

    Under the authority established in EPCA, DOE published a notice of 
proposed determination that tentatively determined that portable ACs 
qualify as a covered product. 78 FR 40403 (July 5, 2013). DOE 
tentatively determined that (1) classifying portable ACs as a covered 
product is necessary or appropriate to carry out the purposes of EPCA, 
and (2) the average U.S. household energy use for portable ACs is 
likely to exceed 100 kilowatt-hours (kWh) per year. (42 U.S.C. 
6292(b)(1))
    DOE published a Notice of Data Availability (NODA) on May 9, 2014 
(the May 2014 NODA), reviewing various industry test procedures for 
portable ACs and presenting results from its investigative testing. DOE 
requested comment and additional information regarding the results and 
potential methodologies. 79 FR 26639. Comments received in response to 
the May 2014 NODA have helped DOE identify issues related to the 
preliminary analyses, as well as informed the analysis for the test 
procedure rulemaking. On February 12, 2015, DOE issued a notice of 
proposed rulemaking (NOPR) for a portable AC test procedure which is 
available at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/79.

B. Current Rulemaking Process

    DOE typically first develops a framework document that describes 
the approaches and methods DOE will use in evaluating the need for new 
or amended standards. For this rulemaking, DOE began the rulemaking 
process by publishing a notice of proposed determination (NOPD) on July 
5, 2013 (hereinafter the ``July 2013 NOPD''). 78 FR 40403. After the 
framework stage, or in this case the NOPD, DOE then presents the 
initial analytical results in a preliminary TSD such as this one.
    Comments received since publication of the July 2013 NOPD have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received.

III. Summary of the Analyses Performed by DOE

    For the products covered in this rulemaking, DOE conducted in-depth 
technical analyses in the following areas: (1) Engineering; (2) markups 
to determine product price; (3) energy use; (4) life-cycle cost and 
payback period; and (5) national impacts analysis (NIA). 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=76.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses listed above or 
are preliminary analyses that will be expanded upon for a NOPR if DOE 
determines to proceed with an energy conservation standards rulemaking 
for portable ACs. 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 Life-Cycle Costs (LCC) and Payback Period (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 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 any 
subsequent NOPR.

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A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
cost and efficiency levels of portable ACs. This relationship serves as 
the basis for the cost-benefit calculations performed for individual 
consumers and the nation.
    As a first step in the engineering analysis, DOE established one 
product class, based on a characterization of the relevant portable AC 
products and markets. For this product class, DOE identified existing 
technology options that could improve the energy efficiency of portable 
ACs. DOE then reviewed each technology option to decide whether it (1) 
is technologically feasible; (2) is practicable to manufacture, 
install, and service; (3) would adversely affect product utility or 
product availability; or (4) would have adverse impacts on health and 
safety. The engineering analysis identifies representative baseline 
products, which is the starting point for analyzing technologies that 
provide energy efficiency improvements. ``Baseline product'' refers to 
a model or models having features and technologies typically found in 
minimally efficient products currently available on the market. DOE 
then identified design options to improve the efficiency of portable 
ACs and considered these options in the analysis as candidate standard 
levels (CSLs). DOE estimated the manufacturer production costs for the 
baseline and each of the four CSLs. The manufacturer production costs 
were derived from product teardowns, using more efficient components 
and modeling efficiency savings from alternative product 
configurations. The main outputs of the engineering analysis are the 
manufacturer production costs (including material, labor, and overhead) 
and efficiencies at the baseline and each of 4 CSLs as a function of 
cooling capacity for the single product class. Chapter 5 of the 
preliminary TSD discusses the engineering analysis.

B. Markups To Determine Prices

    DOE derives customer 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 product sales, the markup associated with 
each party in each distribution channel, and the existence and 
magnitude of differences between markups for baseline products 
(baseline markups) and higher-efficiency products (incremental 
markups). DOE calculates both overall baseline and overall incremental 
markups based on the 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 portable ACs. The energy use analysis seeks to estimate 
the range of energy consumption of the products that meet 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 life-cycle cost (LCC) and payback period (PBP) analyses 
determine the economic impact of potential standards on individual 
consumers. The LCC is the total cost of purchasing, installing, and 
operating a portable AC over the course of its lifetime. The LCC 
analysis compares the LCC of a portable AC designed to meet possible 
energy conservation standards with the LCC of a portable AC likely to 
be installed in the absence of standards. DOE determines LCCs by 
considering: (1) Total installed cost to the consumer (which consists 
of manufacturer selling price, distribution chain markups, and sales 
taxes); (2) the range of annual energy consumption of portable ACs that 
meet each of the efficiency levels considered as they are used in the 
field; (3) the operating cost of portable ACs (e.g., energy cost); (4) 
portable AC lifetime; and (5) a discount rate that reflects the real 
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 of higher efficiency portable ACs through savings in the 
operating cost. PBP is calculated by dividing the incremental increase 
in installed cost of the higher efficiency product, compared to the 
baseline product, by the annual savings in operating costs.
    For portable ACs, DOE determined the range in annual energy 
consumption using outputs from the engineering analysis (power 
consumption at each efficiency level) and from publically available 
information on portable ACs. Total installed costs at each CSL are 
based on the engineering and markups analysis. Recognizing that several 
inputs to the determination of consumer LCC and PBP are either variable 
or uncertain (e.g., annual energy consumption, product lifetime, 
electricity price, discount rate), DOE conducts the LCC and PBP 
analysis by modeling both the uncertainty and variability in the inputs 
using Monte Carlo simulation and probability distributions.
    The average annual energy consumption derived in the LCC analysis 
is used as an input in the NIA. 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 potential new standards at each CSL. DOE calculated NES and 
NPV for each CSL as the difference between a base-case forecast 
(without new standards) and the standards-case forecast (with 
standards). Cumulative energy savings are the sum of the annual NES 
determined for the lifetime of portable ACs shipped during the analysis 
period. Energy savings include the full-fuel cycle energy savings 
(i.e., the energy needed to extract, process, and deliver primary fuel 
sources such as coal and natural gas, and the conversion and 
distribution losses of generating electricity from those fuel sources). 
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. NPV results are reported for 
discount rates of 3 percent and 7 percent.
    To calculate the NES and NPV, DOE projected future shipments and 
efficiency distributions (for each CSL) for the single portable AC 
product class. DOE recognizes the uncertainty in projecting shipments 
and efficiency distributions, and as a result the NIA includes several 
different scenarios for each. Other inputs to the NIA include the 
estimated portable AC lifetime, consumer product costs, and average 
annual energy savings. 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 new 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

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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=76. 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 product 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 
April 28, 2015 comments, data, and information on matters addressed in 
the preliminary TSD and on other matters relevant to consideration of 
energy conservation standards for portable ACs.
    The public meeting will be conducted in an informal conference 
style. A court reporter will be present to record the minutes of the 
meeting. 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. Afterwards, the Department will publish 
either a determination that standards for portable ACs are not 
appropriate or a NOPR proposing to establish standards. The NOPR will 
include proposed energy conservation standards for the products covered 
by the rulemaking, and members of the public will be given an 
opportunity to submit written and oral comments on the proposed 
standards.

A. Attendance at Public Meeting

    The time and date of the public meeting are listed in the DATES and 
ADDRESSES sections at the beginning of this notice. 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: [email protected] so that the necessary 
procedures can be completed.
    DOE requires visitors to with laptop computers and other devices, 
such as tablets, to be checked upon entry into the building. Any person 
wishing to bring these devices into the Forrestal Building will be 
required to obtain a property pass. Visitors should avoid bringing 
these devices, or allow an extra 45 minutes to check in. Please report 
to the visitor's desk to have devices checked before proceeding through 
security.
    Due to the REAL ID Act implemented by the Department of Homeland 
Security (DHS), there have been recent changes regarding ID 
requirements for individuals wishing to enter Federal buildings from 
specific states and U.S. territories. Driver's licenses from the 
following states or territory will not be accepted for building entry 
and 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 Photo-ID 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.
    In addition, you can attend the public meeting via webinar. Webinar 
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/rulemaking.aspx?ruleid=76. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

B. Procedure for Submitting Requests To Speak

    Any person who has an interest in today's document 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 hand-deliver requests to speak, along with a computer 
diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) 
file format to Ms. Brenda Edwards at the address shown in the ADDRESSES 
section at the beginning of this document between 9 a.m. and 4 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 
[email protected].

C. Conduct of 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. 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.

[[Page 10632]]

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-20XX-BT-STD-0033 and/or 
RIN 1904-AD02 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 NOPM.

     Issued in Washington, DC, on February 13, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2015-04110 Filed 2-26-15; 8:45 am]
BILLING CODE 6450-01-P