[Federal Register Volume 80, Number 62 (Wednesday, April 1, 2015)]
[Proposed Rules]
[Pages 17363-17366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-07377]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2013-BT-STD-0007; EERE-2013-BT-STD-0021]


Appliance Standards and Rulemaking Federal Advisory Committee: 
Notice of Intent To Establish the Commercial Package Air Conditioners 
and Heat Pumps and Commercial Warm Air Furnaces Working Group To 
Negotiate Potential Energy Conservation Standards

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

ACTION: Notice of intent and announcement of a public meeting.

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SUMMARY: The U.S. Department of Energy (DOE or the Department) is 
giving notice that it intends to establish a negotiated rulemaking 
working group under the Appliance Standards and Rulemaking Federal 
Advisory Committee (ASRAC) in accordance with the Federal Advisory 
Committee Act (FACA) and the Negotiated Rulemaking Act (NRA) to 
negotiate regarding energy conservation standards for small, large, and 
very large, air-cooled commercial package air conditioners and heat 
pumps as well as commercial warm air furnaces. The purpose of the 
working group will be to discuss and, if possible, reach consensus 
regarding the development of energy conservation standards for small, 
large, and very large, air-cooled commercial package air conditioners 
and heat pumps as well as commercial warm air furnaces, as authorized 
by the Energy Policy and Conservation Act (EPCA) of 1975, as amended. 
The working group will consist of representatives of parties having a 
defined stake in the outcome of the energy conservation standards, and 
will consult as appropriate with a range of experts on technical 
issues.
    The working group is expected to negotiate a final term sheet 
regarding energy conservation standards for the aforementioned 
equipment by Monday, June 15, 2015. The final term sheet will be 
presented to ASRAC at an open meeting for their deliberation and 
decision on whether to pass it on as a formal recommendation to DOE.

DATES: Written comments and request to be appointed as members of the 
CUAC and CWAF Working Group, including an application package, are 
welcome and should be submitted by April 15, 2015.
    DOE will hold the first meeting for the CUAC and CWAF Working Group 
on Tuesday, April, 28, 2015, from 9 a.m. to 5 p.m., in Washington, DC. 
The meeting will also be broadcast as a webinar. See section V Public 
Participation for webinar registration information, participant 
instructions, and information about the capabilities available to 
webinar participants.

ADDRESSES: The first CUAC and CWAF Working Group meeting, which is also 
open to the public, will be held at the U.S. Department of Energy, 
Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., 
Washington, DC 20585. To attend, please notify [email protected]. 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 as soon 
as possible by contacting [email protected] so that the 
necessary procedures can be completed. Please also note that those 
wishing to bring laptops into the Forrestal Building will be required 
to obtain a property pass. Visitors should avoid bringing laptops, or 
allow an extra 45 minutes. Persons can attend the public meeting via 
webinar. For more information, refer to section V of this document 
(Public Participation).
    Interested person may submit comments, identified by docket number 
EERE-2013-BT-STD-0007; EERE-2013-BT-STD-0021 by any of the following 
methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: [email protected]. Include docket number EERE-2013-BT-STD-
0007; EERE-2013-BT-STD-0021 in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Office, 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.
    4. 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 a CD, in which case it is not necessary to 
include printed copies.
    No telefacsimilies (faxes) will be accepted.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, public meeting attendee 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.

FOR FURTHER INFORMATION CONTACT: John Cymbalsky, U.S. Department of 
Energy, Office of Building Technologies (EE-2J), 950 L'Enfant Plaza 
SW., Washington, DC 20024. Phone: 202-287-1692. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Preamble

I. Authority
II. Background
III. Proposed Negotiating Procedures
IV. Comments Requested
V. Public Participation

[[Page 17364]]

I. Authority

    This notice of intent, announcing DOE's intent to negotiate 
regarding energy conservation standards for small (greater than or 
equal to 65,000 Btu/h and under 135,000 Btu/h cooling capacity), large, 
(greater than or equal to 135,000 Btu/h and under 240,000 Btu/h cooling 
capacity) and very large (greater than or equal to 240,000 Btu/h and 
under 760,000 Btu/h cooling capacity), air-cooled commercial package 
air conditioners and heat pumps (CUACs) as well as commercial warm air 
furnaces (CWAFs), was developed under the authority of sections 563 and 
564 of the NRA (5 U.S.C. 561-570, Pub. L. 104-320). The establishment 
of energy conservation standards for CUACs and CWAFs by DOE is pursuant 
to authority in EPCA, as amended, 42 U.S.C. 6311(1)(A) and 42 U.S.C. 
6291, et seq.

II. Background

    As required by the NRA, DOE is giving notice that it is 
establishing a working group under ASRAC to negotiate regarding energy 
conservation standards CUACs and CWAFs. EPCA, as amended, directs DOE 
to adopt energy conservation standards for CUACs and CWAFs for which 
standards would be technologically feasible and economically justified, 
and would result in significant energy savings. The current Federal for 
CUACs are found in 10 CFR part 431.97(b).

 A. Negotiated Rulemaking

    DOE has decided to use the negotiated rulemaking process to discuss 
the development of energy conservation standards for CUACs and CWAFs. 
Under EPCA, Congress mandated that DOE develop regulations establishing 
energy conservation standards for covered consumer and commercial 
products that are designed to achieve the maximum improvement in energy 
efficiency that are technologically feasible and economically 
justified. 42 U.S.C. 6295(o)(2)(A). The primary reason for using the 
negotiated rulemaking process for considering amended energy 
conservation standards is that stakeholders strongly support a 
consensual rulemaking effort. DOE believes such a regulatory 
negotiation process will be less adversarial and better suited to 
resolving complex technical issues. 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 rulemaking 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 
considering potential revisions to the publically available analysis. 
Because a negotiating working group includes representatives from the 
major stakeholder groups affected by or interested in the rule, the 
number of changes in the analysis resulting from responses to public 
comments on the proposed rule may be decreased as DOE and the major 
stakeholder groups affected by the rule have the opportunity to have a 
discussions about the data, methodology, and analyses.

B. Rulemaking for CUAC and CWAF Energy Conservation Standards

    The NRA enables DOE to establish an advisory committee or working 
group if it is determined that the use of the negotiated rulemaking 
process is in the public interest. DOE intends to develop Federal 
regulations that build on the depth of experience accrued in both the 
public and private sectors in implementing standards and programs.
    DOE has determined that the regulatory negotiation process will 
provide for obtaining a diverse array of in-depth input, as well as an 
opportunity for increased collaborative discussion from both private-
sector stakeholders and government officials who are familiar with 
energy use and efficiency of CUACs and CWAFs.

D. Department Commitment

    In initiating this regulatory negotiation process regarding energy 
conservation standards for CUACs and CWAFs, DOE is making a commitment 
to provide adequate resources to facilitate timely and successful 
completion of the process. This commitment includes making the process 
a priority activity for all representatives, components, officials, and 
personnel of the Department who need to be involved in the rulemaking, 
from the time of initiation until such time as a final rule is issued 
or the process is expressly terminated. DOE will provide administrative 
support for the process and will take steps to ensure that the advisory 
committee or working group has the dedicated resources it requires to 
complete its work in a timely fashion. Specifically, DOE will make 
available the following support services: properly equipped space 
adequate for public meetings and caucuses; logistical support; word 
processing and distribution of background information; the service of a 
facilitator; and such additional research and other technical 
assistance as may be necessary.
    To the maximum extent possible consistent with the legal 
obligations of the Department, DOE will consider the consensus of the 
advisory committee or working group as the basis for the rulemaking 
moving forward.

E. Negotiating Consensus

    As discussed above, the negotiated rulemaking process differs 
fundamentally from the usual process for developing and revising a 
typical rulemaking. Negotiation enables interested and affected parties 
to discuss various approaches to issues rather than asking them only to 
respond to a proposal developed by the Department. The negotiation 
process involves a mutual education of the various parties on the 
practical concerns about the impact of standards. Each advisory 
committee or working group member participates in resolving the 
interests and concerns of other members, rather than leaving it up to 
DOE to evaluate and incorporate different points of view.
    A key principle of negotiated rulemaking is that agreement is by 
consensus of all the interests. Thus, no one interest or group of 
interests is able to control the process. The NRA defines consensus as 
the unanimous concurrence among interests represented on a negotiated 
rulemaking committee or working group, unless the committee or working 
group itself unanimously agrees to use a different definition. 5 U.S.C. 
562. In addition, experience has demonstrated that using a trained 
mediator to facilitate this process will assist all parties, including 
DOE, in identifying their real interests in the rule, and thus will 
enable parties to focus on and resolve the important issues.

III. Proposed Negotiating Procedures

 A. Key Issues for Negotiation

    The following issues and concerns will underlie the work of the 
Negotiated Rulemaking Committee on CUAC and CWAF Energy Conservation 
Standards:
     Additional data that could be considered by the Working 
Group in potentially revising the analytical tools that DOE used for 
the proposed rules;
     Additional methodology assumptions that could be 
considered by the Working Group in potentially revising the analytical 
tools that DOE used for the proposed rules;
     Synergies gained by combining the rulemaking and potential 
compliance dates for two covered products; and
     Consideration of energy conservation standards.
    To examine the underlying issues outlined above, and others not yet

[[Page 17365]]

articulated, all parties in the negotiation will need DOE to provide 
data and an analytic framework complete and accurate enough to support 
their deliberations. DOE's analyses must be adequate to inform a 
prospective negotiation--for example, the notice of proposed 
rulemakings for CUACs and CWAFs or equivalent must be available and 
timely.

B. Formation of Working Group

    A working group will be formed and operated in full compliance with 
the requirements of FACA and in a manner consistent with the 
requirements of the NRA. DOE has determined that the working group 
shall not exceed 25 members. The Department believes that more than 25 
members would make it difficult to conduct effective negotiations. DOE 
is aware that there are many more potential participants than there are 
membership slots on the working group. The Department does not believe, 
nor does the NRA contemplate, that each potentially affected group must 
participate directly in the negotiations; nevertheless, each affected 
interest can be adequately represented. To have a successful 
negotiation, it is important for interested parties to identify and 
form coalitions that adequately represent significantly affected 
interests. To provide adequate representation, those coalitions must 
agree to support, both financially and technically, a member of the 
working group whom they choose to represent their interests.
    DOE recognizes that when it establishes energy conservation 
standards for consumer products and commercial equipment, various 
segments of society may be affected in different ways, in some cases 
producing unique ``interests'' in a rulemaking based on income, gender, 
or other factors. The Department will pay attention to providing that 
any unique interests that have been identified, and that may be 
significantly affected by the rulemaking, are represented.
    FACA also requires that members of the public have the opportunity 
to attend meetings of the full committee and speak or otherwise address 
the committee during the public comment period. In addition, any member 
of the public is permitted to file a written statement with the 
advisory committee. DOE plans to follow these same procedures in 
conducting meetings of the working group.

C. Interests Involved/Working Group Membership

    DOE anticipates that the working group will comprise no more than 
25 members who represent affected and interested stakeholder groups, at 
least one of whom must be a member of the ASRAC. As required by FACA, 
the Department will conduct the negotiated rulemaking with particular 
attention to ensuring full and balanced representation of those 
interests that may be significantly affected by the rulemaking for 
energy conservation standards regarding CUACs and CWAFs. Section 562 of 
the NRA defines the term interest as ``with respect to an issue or 
matter, multiple parties which have a similar point of view or which 
are likely to be affected in a similar manner.'' Listed below are 
parties the Department to date has identified as being ``significantly 
affected'' by a rulemaking regarding the energy conservation standards 
regarding CUACs and CWAFs.

 The U.S. Department of Energy
 Trade Associations representing manufacturers of CUACs and 
CWAF;
 Utilities
 Energy Efficiency/Environmental Advocacy Groups
 Consumers

    One purpose of this notice of intent is to determine whether 
Federal regulations regarding CUACs and CWAFs energy conservation 
standards will significantly affect interests that are not listed 
above. DOE invites comment and suggestions on its initial list of 
significantly affected interests.
    Members may be individuals or organizations. If the effort is to be 
fruitful, participants on the working group should be able to fully and 
adequately represent the viewpoints of their respective interests. This 
document gives notice of DOE's process to other potential participants 
and affords them the opportunity to request representation in the 
negotiations. Those who wish to be appointed as members of the CUACs 
and CWAFs Working Group, should submit a request to DOE, in accordance 
with the public participation procedures outlined in the DATES and 
ADDRESSES sections of this notice of intent. Membership of the working 
group is likely to involve:
     Attendance at approximately six, one (1) to two (2) day 
meetings;
     Travel costs to those meetings; and
     Preparation time for those meetings.
    Members serving on the working group will not receive compensation 
for their services. Interested parties who are not selected for 
membership on the working group may make valuable contributions to this 
negotiated rulemaking effort in any of the following ways:
     The person may request to be placed on the working group 
mailing list and submit written comments as appropriate.
     The person may attend working group meetings, which are 
open to the public; caucus with his or her interest's member on the 
working group; or even address the working group during the public 
comment portion of the working group meeting.
     The person could assist the efforts of a workgroup that 
the working group might establish.
    A working group may establish informal workgroups, which usually 
are asked to facilitate committee deliberations by assisting with 
various technical matters (e.g., researching or preparing summaries of 
the technical literature or comments on specific matters such as 
economic issues). Workgroups also might assist in estimating costs or 
drafting regulatory text on issues associated with the analysis of the 
costs and benefits addressed, or formulating drafts of the various 
provisions and their justifications as previously developed by the 
working group. Given their support function, workgroups usually consist 
of participants who have expertise or particular interest in the 
technical matter(s) being studied. Because it recognizes the importance 
of this support work for the working group, DOE will provide 
appropriate technical expertise for such workgroups.

D. Good Faith Negotiation

    Every working group member must be willing to negotiate in good 
faith and have the authority, granted by his or her constituency, to do 
so. The first step is to ensure that each member has good 
communications with his or her constituencies. An intra-interest 
network of communication should be established to bring information 
from the support organization to the member at the table, and to take 
information from the table back to the support organization. Second, 
each organization or coalition should designate as its representative a 
person having the credibility and authority to ensure that needed 
information is provided and decisions are made in a timely fashion. 
Negotiated rulemaking can require the appointed members to give a 
significant sustained time commitment for as long as the duration of 
the negotiated rulemaking. Other qualities of members that can be 
helpful are negotiating experience and skills, and sufficient technical 
knowledge to participate in substantive negotiations.
    Certain concepts are central to negotiating in good faith. One is 
the willingness to bring all issues to the bargaining table in an 
attempt to reach

[[Page 17366]]

a consensus, as opposed to keeping key issues in reserve. The second is 
a willingness to keep the issues at the table and not take them to 
other forums. Finally, good faith includes a willingness to move away 
from some of the positions often taken in a more traditional rulemaking 
process, and instead explore openly with other parties all ideas that 
may emerge from the working group's discussions.

E. Facilitator

    The facilitator will act as a neutral in the substantive 
development of the proposed standard. Rather, the facilitator's role 
generally includes:
     Impartially assisting the members of the working group in 
conducting discussions and negotiations; and
     Impartially assisting in performing the duties of the 
Designated Federal Official under FACA.

 F. Department Representative

    The DOE representative will be a full and active participant in the 
consensus building negotiations. The Department's representative will 
meet regularly with senior Department officials, briefing them on the 
negotiations and receiving their suggestions and advice so that he or 
she can effectively represent the Department's views regarding the 
issues before the working group. DOE's representative also will ensure 
that the entire spectrum of governmental interests affected by the 
standards rulemaking, including the Office of Management and Budget, 
the Attorney General, and other Departmental offices, are kept informed 
of the negotiations and encouraged to make their concerns known in a 
timely fashion.

G. Working Group and Schedule

    After evaluating the comments submitted in response to this notice 
of intent and the requests for nominations, DOE will either inform the 
members of the working group that they have been selected or determine 
that conducting a negotiated rulemaking is inappropriate.
    The working group is expected to negotiate a final term sheet by 
Monday, June 15, 2015. The final term sheet will be presented to ASRAC 
at an open meeting for their deliberation and decision on whether or 
not to pass it on as a formal recommendation to DOE.
    DOE will advise working group members of administrative matters 
related to the functions of the working group before beginning. DOE 
will establish a meeting schedule based on the settlement agreement and 
produce the necessary documents so as to adhere to that schedule. While 
the negotiated rulemaking process is underway, DOE is committed to 
performing much of the same analysis as it would during a normal 
standards rulemaking process and to providing information and technical 
support to the working group.

IV. Comments Requested

    DOE requests comments on which parties should be included in a 
negotiated rulemaking to consider energy conservation standards for 
CUACs and CWAFs and suggestions of additional interests and/or 
stakeholders that should be represented on the working group. All who 
wish to participate as members of the working group should submit a 
request for nomination to DOE.

V. Public Participation

Attendance at the Public Meeting

    The time, date, and location of the public meeting are listed in 
the DATES and ADDRESSES sections. If you plan to attend the public 
meeting, please notify [email protected].
    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=106. Participants are 
responsible for ensuring their systems are compatible with the webinar 
software.

Conduct of the Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also use 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 be present to 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 prepared general statements by 
participants, and encourage all interested parties to share their views 
on issues affecting this rulemaking. Each participant will be allowed 
to make a general statement (within time limits determined by DOE), 
before the discussion of specific topics. DOE will allow, as time 
permits, other participants to comment briefly on any general 
statements.

VI. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this notice of 
intent.

    Issued in Washington, DC, on March 24, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency and Renewable Energy.
[FR Doc. 2015-07377 Filed 3-31-15; 8:45 am]
BILLING CODE 6450-01-P