[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Proposed Rules]
[Pages 65169-65173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27203]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 /
Proposed Rules
[[Page 65169]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2015-BT-STD-0003]
RIN 1904-AD49
Energy Conservation Standards for Pool Heaters
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of data availability (NODA).
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SUMMARY: The U.S. Department of Energy (DOE) has completed a
preliminary analysis for purposes of considering energy conservation
standards for electric pool heaters. At this time, DOE is not proposing
energy conservation standards for electric pool heaters. However, it is
publishing this analysis so stakeholders can review the analysis's
output and the underlining assumptions and calculations that might
ultimately support a proposed standard. DOE encourages stakeholders to
provide any additional data or information that may improve the
analysis. The analysis is now publicly available at on the DOE Web
site.
DATES: DOE will accept comments, data, and other information regarding
this rulemaking no later than December 10, 2015. See section IV,
``Public Participation,'' of this document for details.
ADDRESSES: The direct heating equipment and pool heater docket (EERE-
2015-BT-STD-0003) is available for review at www.regulations.gov. It
includes relevant Federal Register notices, the Request for
Information, public comments, and other relevant 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.
The www.regulations.gov Web page contains instructions on how to access
all documents in the docket, including public comments.
Also, the DOE Web page for pool heaters (which includes additional
information about existing standards and test procedures, and the
history and impacts of previous DOE regulatory actions for these
products) may be viewed at http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/47 and contains links to the
aforementioned docket.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section IV, ``Public
Participation,'' of this document. For further information on how to
submit a comment or to review other public comments and the docket
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, EE-5B, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
287-1692. 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 information on how to submit or review public comments, contact
Ms. Brenda Edwards, 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)
586-2945. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority
II. History of Energy Conservation Standards Rulemaking for Pool
Heaters
A. Background
B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
A. Market and Technology Assessment
B. Engineering Analysis
C. Markups To Determine Commercial Consumer Prices
D. Energy Use Analysis
E. Life-Cycle Cost and Payback Period Analyses
F. National Impact Analysis
IV. Public Participation
A. 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 (``EPCA'' or ``the Act''), Public Law 94-163 (codified at 42
U.S.C. 6291-6309) sets forth a variety of provisions designed to
improve energy efficiency and establishes the Energy Conservation
Program for Consumer Products Other Than Automobiles.\2\ This program
includes most major household appliances (collectively referred to as
``covered products''), including the two covered products that are the
subject of this rulemaking process: Direct heating equipment (DHE) and
pool heaters.\3\ (42 U.S.C. 6292(a)(9) and (11)) Under EPCA, this
energy conservation program generally consists of four parts: (1)
Testing; (2) labeling; (3) establishing Federal energy conservation
standards; and (4) certification and enforcement procedures.
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA in this document refer to the statute
as amended through the Energy Efficiency Improvement Act, Public Law
114-11 (April 30, 2015).
\3\ A ``pool heater'' means ``an appliance designed for heating
nonpotable water contained at atmospheric pressure, including
heating water in swimming pools, spas, hot tubs and similar
application.'' (42 U.S.C. 6291(25)) This definition of coverage does
not specify a fuel type, and so electric pool heaters are considered
to be covered products under EPCA even though energy conservation
standards are not currently established.
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EPCA prescribes specific energy conservation standards for pool
heaters and direct heating equipment. (42 U.S.C. 6295(e)(2), (3)) EPCA
directed DOE to conduct two cycles of rulemakings to determine whether
to amend its standards for direct heating equipment and pool heaters.
(42 U.S.C. 6295(e)(4)) The statute further requires DOE to publish a
notice of proposed rulemaking including new proposed standards or a
notice of determination that the standards for a product need not be
amended no later than 6 years after issuance of any final rule
establishing or amending standards for that product. (42 U.S.C.
6295(m)(1)) DOE last promulgated a final rule on April 16, 2010,
amending its energy conservation standards for direct heating equipment
and pool heaters,
[[Page 65170]]
constituting the first of these two required rulemakings. 75 FR 20112.
The current rulemaking satisfies the statutory requirements under EPCA
to conduct a second round of review of the DHE and pool heater
standards. (42 U.S.C. 6295(e)(4)(B)) Additionally, this rulemaking will
satisfy the requirement for DOE to publish a notice of proposed
rulemaking containing proposed standards or a notice of determination
that the standards for direct heating equipment and pool heaters do not
need to be amended by April 16, 2016. (42 U.S.C. 6295(m)(1)). If DOE
were to publish a notice of proposed rulemaking containing proposed
amendments to its standards for either direct heating equipment or pool
heaters, DOE would be required to issue a final rule amending the
standards no later than 2 years after issuance of the notice. (42
U.S.C. 6295(m)(3)(A))
EPCA also provides criteria for prescribing amended standards for
covered products generally, including direct heating equipment and pool
heaters. As indicated above, any such amended standard must be designed
to achieve the maximum improvement in energy efficiency that is
technologically feasible and economically justified. (42 U.S.C.
6295(o)(2)(A)) Additionally, EPCA provides specific prohibitions on
prescribing such standards. DOE may not prescribe an amended standard
for any of its covered products for which it has not established a test
procedure. (42 U.S.C. 6295(o)(3)(A)) Further, DOE may not prescribe a
standard if DOE determines by rule that such standard would not result
in ``significant conservation of energy,'' or ``is not technologically
feasible or economically justified.'' (42 U.S.C. 6295(o)(3)(B)) EPCA
also provides that in deciding whether a standard is economically
justified for covered products, DOE must, after receiving comments on
the proposed standard, determine whether the benefits of the standard
exceed its burdens by considering, to the greatest extent practicable,
the following seven factors:
1. The economic impact of the standard on manufacturers and
consumers of the 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 that are likely to result from the imposition of the
standard;
3. The total projected amount of energy (or, as applicable, water)
savings likely to result directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
products likely to result from the imposition of 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
imposition of the standard;
6. The need for national energy and water conservation; and
7. Other factors the Secretary of Energy (Secretary) considers
relevant. (42 U.S.C. 6295(o)(2)(B)(i)(I)-(VII))
In addition, EPCA, as amended, establishes a rebuttable presumption
that any standard for covered products is economically justified if the
Secretary finds that ``the additional cost to the consumer of
purchasing a product complying with an energy conservation standard
level will be less than three times the value of the energy (and as
applicable, water) savings during the first year that the consumer will
receive as a result of the standard,'' as calculated under the test
procedure in place for that standard. (42 U.S.C. 6295(o)(2)(B)(iii))
EPCA also contains what is commonly known as an ``anti-
backsliding'' provision. (42 U.S.C. 6295(o)(1)) This provision mandates
that the Secretary not prescribe any amended standard that either
increases the maximum allowable energy use or decreases the minimum
required energy efficiency of a covered product. EPCA further provides
that the Secretary may not prescribe an amended standard if interested
persons have established by a preponderance of the evidence that the
standard is likely to result in the unavailability in the United States
of any product type (or class) with performance characteristics
(including reliability), features, sizes, capacities, and volumes that
are substantially the same as those generally available in the United
States at the time of the Secretary's finding. (42 U.S.C. 6295(o)(4))
Under 42 U.S.C. 6295(q)(1), EPCA specifies requirements applicable to
promulgating standards for any type or class of covered product that
has two or more subcategories. Under this provision, DOE must specify a
different standard level than that which applies generally to such type
or class of product that has the same function or intended use, if DOE
determines that the products within such group: (A) Consume a different
kind of energy from that consumed by other covered products within such
type (or class); or (B) have a capacity or other performance-related
feature which other products within such type (or class) do not have
and such feature justifies a higher or lower standard than applies or
will apply to the other products. (42 U.S.C. 6295(q)(1)) In determining
whether a performance-related feature justifies such a different
standard for a group of products, DOE must consider ``such factors as
the utility to the consumer of such a feature'' and other factors the
Secretary deems appropriate. Id. Any rule prescribing such a standard
must include an explanation of the basis on which DOE established such
higher or lower level. (42 U.S.C. 6295(q)(2))
Section 310(3) of the Energy Independence and Security Act of 2007
(EISA 2007; Public Law 110-140) amended EPCA to prospectively require
that energy conservation standards address standby mode and off mode
energy use. Specifically, when DOE adopts new or amended standards for
a covered product after July 1, 2010, the final rule must, if justified
by the criteria for adoption of standards in section 325(o) of EPCA,
incorporate standby mode and off mode energy use into a single standard
if feasible, or otherwise adopt a separate standard for such energy use
for that product. (42 U.S.C. 6295(gg)(3)) On December 17, 2012 DOE
promulgated a final rule amending its test procedures for vented direct
heating equipment and pool heaters to incorporate standby and off-mode
energy consumption. 77 FR 74559. The amendments related to standby and
off-mode energy consumption were not required for purposes of
compliance until the compliance date of the next standards final rule
for those products. Id. This rulemaking, if amended standards are
ultimately adopted, would serve as the next energy conservation
standards rulemaking subsequent to these test procedure amendments, and
therefore this rulemaking will take into account standby and off-mode
energy consumption.
Finally, Federal energy conservation requirements for covered
products generally supersede State laws or regulations concerning
energy conservation testing, labeling, and standards. (42 U.S.C.
6297(a)-(c)) DOE can, however, grant waivers of Federal preemption for
particular State laws or regulations, in accordance with the procedures
and other provisions of section 327(d) of the Act. (42 U.S.C.6297(d))
Before proposing a standard, DOE typically seeks public input about
the analytical framework, models, and tools that it will use to
evaluate standards for the product or equipment at issue and the
results of preliminary analyses DOE
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performed for that product or equipment. This NODA announces the
availability of the preliminary Technical Support Document (TSD), which
details the preliminary analyses and summarizes the preliminary results
of DOE's analyses for electric pool heaters.
II. History of Energy Conservation Standards Rulemaking for Pool
Heaters
A. Background
Currently, energy conservation standards are established for vented
home heating equipment (a form of direct heating equipment) and gas-
fired pool heaters. (10 CFR 430.32(i) and (k)) DOE last amended its
energy conservation standards for pool heaters and direct heating
equipment through a final rule published in the Federal Register (FR)
on April 16, 2010 (hereafter referred to as the ``April 2010 final
rule''). 75 FR 20112. (codified at 10 CFR 430.32(i) and (k)).
Compliance with the amended standards was required beginning on April
16, 2013. Id. As described above in section I, EPCA directed DOE to
conduct two cycles of rulemakings regarding standards for DHE and pool
heaters, and this rulemaking satisfies the statutory requirements under
EPCA to conduct a second round of review of the DHE and pool heater
standards. (42 U.S.C. 6295(e)(4)(B)) To initiate this rulemaking, DOE
issued a Request for Information (RFI) in the Federal Register on March
26, 2015 (hereafter ``March 2015 RFI''). 80 FR 15922. Through this RFI,
DOE requested data and information pertaining to its technical and
economic analyses for direct heating equipment and pool heaters.
In addition to determining whether energy conservation standards
for vented home heating equipment and gas-fired pool heaters should be
amended, DOE is considering during this rulemaking whether it is
appropriate to establish energy conservation standards for electric
pool heaters, including both electric resistance pool and spa heaters
as well as electric heat pump pool heaters. As described in section I,
although energy conservation standards for electric pool heaters have
not previously been set, the definition of coverage for pool heaters
found at 42 U.S.C. 6291(25) does not specify a fuel type, and therefore
all pool heaters (including electric) are considered covered products
under EPCA. Among other topics, the March 2015 RFI sought data and
information pertaining specifically to electric pool heaters, including
electric resistance pool and spa heaters as well as electric heat pump
pool heaters. Since energy conservation standards have not previously
been established for electric pool heaters, DOE is publishing this
preliminary analysis for electric pool heaters in order to solicit
feedback regarding the methodologies used and results obtained based on
information collected during the March 2015 RFI public comment period
and preliminary confidential manufacturer interviews, among other
sources. DOE does not plan to publish a similar preliminary analysis
for vented home heating equipment and gas-fired pool heaters. DHE
product offerings have not markedly changed since the final rule
analysis in 2010 (with the exception of condensing technology for fan-
type wall furnaces). Additionally, DOE has performed testing on vented
home heating equipment (a subset of DHE) and through this process has
built sufficient knowledge, in combination with the previous rulemaking
analyses and the March 2015 RFI, to forgo a preliminary analysis for
these products. DOE requests comment on its determination to forgo a
preliminary analysis for these products and notes that interested
parties will have the opportunity to comment on DOE's analyses for
vented home heating equipment and gas-fired pool heaters during the
Notice of Proposed Rulemaking (NOPR) phase of the rulemaking process.
DOE completed a separate test procedure rulemaking for direct
heating equipment and pool heaters by publishing in the Federal
Register a final rule on January 6, 2015. 80 FR 792. (Codified at 10
CFR part 430, subpart B, Appendix P) Any energy conservation standards
for pool heaters of any fuel type adopted as part of this rulemaking
would be based on the updated test procedure.
B. Current Rulemaking Process
As indicated above, in initiating this rulemaking DOE published a
Request for Information on March 26, 2015. Among other topics, DOE
solicited data and information pertaining to electric resistance and
electric heat pump pool and spa heaters. Comments received since
publication of the March 2015 RFI have helped DOE identify issues and
collect data related to the preliminary analyses for electric pool
heaters. Chapter 2 of the preliminary TSD summarizes and addresses the
comments received in response to the March 2015 RFI.
III. Summary of the Analyses Performed by DOE
For the electric pool heaters 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. 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=113.
DOE also conducted, and has included in the preliminary TSD,
several other analyses that support the major analyses or are
preliminary analyses that will be expanded upon for a NOPR if DOE
determines that amended energy conservation standards are
technologically feasible, economically justified, and would save a
significant amount of energy, based on the information available to
DOE. 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 cost (LCC) and payback period (PBP) analysis and national
impact analysis (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 LCC 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 the NOPR.
A. Market and Technology Assessment
When initiating an analysis of potential energy efficiency
standards for a residential product, DOE develops information for the
products and characterizes the market and industry structure,
evaluating both current and historical information. This activity is
primarily based on a review of publicly-available information.
When evaluating and establishing energy conservation standards, DOE
generally divides covered products into product classes by the type of
energy used or by capacity or other performance-related features that
affect efficiency. DOE has tentatively decided to differentiate between
electric pool heaters and electric spa heaters on the basis that each
of these two products have different characteristics which have the
potential of affecting efficiency. Specifically, electric spa heaters
often have space constraints which would impede the use of higher
efficiency technologies. DOE therefore considered two product classes--
electric pool heaters and electric spa
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heaters--for this preliminary analysis. DOE recognizes that electric
spa heaters, being integral to the construction of a spa or hot tub,
use electric resistance heating elements due to space constraints and
DOE has tentatively determined that heat pump technology is therefore
not a viable option for electric spa heaters. DOE did not analyze
electric spa heaters because it did not identify technologies that
would measurably increase the integrated thermal efficiency of these
products. DOE does, however, consider electric resistance to be a
baseline technology for the electric pool heater product class, since
electric resistance heaters are available at capacities that could
serve a pool and electric heat pumps represent an improvement in
efficiency over these products.
Energy conservation standards may be proposed later in the
rulemaking for either, both, or neither of these potential product
classes in addition to gas-fired pool heaters. (42 U.S.C. 6295(q))
Alternatively, DOE could propose different product classes than those
analyzed in its preliminary analysis if comments, information, or
additional analysis be provided that suggest doing so would be more
appropriate for the pool and spa heater market. Chapter 3 of the
preliminary TSD addresses the market and technology assessment.
B. Engineering Analysis
The engineering analysis establishes the relationship between the
manufacturer selling price and efficiency levels of the products that
DOE is evaluating as potential energy conservation standards. This
relationship serves as the basis for cost-benefit calculations for
individual consumers, manufacturers, and the Nation. The engineering
analysis identifies representative baseline products, which is the
starting point for analyzing technologies that provide energy
efficiency improvements. ``Baseline'' refers to a model or models
having features and technologies typically found in minimally-efficient
products currently available on the market and, for products already
subject to energy conservation standards, a model that just meets the
current standard. After identifying the baseline models, DOE estimated
manufacturer selling prices by using a consistent methodology and
pricing scheme that includes material costs and manufacturer markups.
DOE used these inputs to develop manufacturer selling prices for the
baseline and more-efficient designs. Later, in the markups analysis to
determine the installed price, DOE converts these manufacturer selling
prices into installed prices. Chapter 5 of the preliminary TSD
discusses the engineering analysis.
C. Markups To Determine Commercial Consumer Prices
DOE derives consumer installed 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 product markups at each step in each distribution
channel. Chapter 6 of the preliminary TSD addresses the markups
analysis.
D. Energy Use Analysis
The energy use analysis provides estimates of the annual energy
consumption of electric pool heaters. The energy use analysis seeks to
estimate the range of energy consumption of 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.
E. Life-Cycle Cost and Payback Period Analyses
The LCC and PBP analyses determine the economic impact of potential
standards on individual consumers. The LCC is the total cost to the
consumer of purchasing, installing, and operating the considered pool
heater over the course of its lifetime. The LCC analysis compares the
LCCs of products designed to meet possible energy conservation
standards with the LCC of the products likely to be installed in the
absence of standards. DOE determines LCCs by considering: (1) Total
installed cost to the purchaser (which consists of manufacturer selling
price, distribution chain markups, sales taxes, and installation cost);
(2) the operating cost of the product (energy cost and maintenance and
repair cost); (3) product lifetime; and (4) 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 (including installation cost) of higher-
efficiency products through savings in the operating cost of the
products. PBP is calculated by dividing the incremental increase in
installed cost of the higher-efficiency products, compared to the
baseline products, by the annual savings in operating costs. Chapter 8
of the preliminary TSD addresses the LCC and PBP analyses.
F. 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 amended standards at specific efficiency levels (referred
to as candidate standard levels). DOE calculated NES and NPV for each
candidate standard level for electric pool heaters as the difference
between a base-case forecast (without amended standards) and the
standards-case forecast (with standards). DOE determined national
annual energy consumption by multiplying the number of units in use (by
vintage) by the average unit energy consumption (also by vintage).
Cumulative energy savings are the sum of the annual NES determined for
the lifetime of the products shipped from 2022-2051. This 30-year
analysis period begins in 2022, the expected first full year of
compliance with the amended standards. 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. Critical inputs to this analysis include shipments projections,
estimated product lifetimes, product installed costs and operating
costs, product annual energy consumption, the base case efficiency
projection, and discount rates. 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 TSD is
available for this analysis, and the Executive Summary of the TSD
identifies specific issues on which DOE seeks comment. The final rule
establishing any amended energy conservation standards will contain the
final analytical results and will be accompanied by a final rule TSD.
The TSD is available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx?ruleid=113. DOE is also interested
in receiving views concerning other relevant issues that participants
believe would affect energy conservation standards for this
[[Page 65173]]
equipment or that DOE should address in the NOPR.
DOE welcomes all interested parties to submit in writing by
December 10, 2015 comments, data, and other information on matters
addressed in the TSD and on other matters relevant to consideration of
energy conservation standards for pool heaters.
After 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. Afterward, DOE will publish either a determination that
standards for electric pool heaters need not be established or a NOPR
proposing to establish those standards. The NOPR would include proposed
energy conservation standards for the products covered by the
rulemaking, and members of the public would be given an opportunity to
submit written and oral comments on the proposed standards.
A. Submission of Comments
DOE will accept comments, data, and other information regarding
this rulemaking no later than the date provided at the beginning of
this document. 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-2015-
BT-STD-0003 and/or RIN 1904-AD49 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 notice of
data availability of the preliminary technical support document.
Issued in Washington, DC, on October 15, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2015-27203 Filed 10-23-15; 8:45 am]
BILLING CODE 6450-01-P