[Federal Register Volume 83, Number 180 (Monday, September 17, 2018)]
[Proposed Rules]
[Pages 46886-46888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20131]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 83, No. 180 / Monday, September 17, 2018 / 
Proposed Rules  

[[Page 46886]]



DEPARTMENT OF ENERGY

10 CFR Parts 430 and 431


Energy Conservation Program: Request for Information on the 
Emerging Smart Technology Appliance and Equipment Market

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

ACTION: Request for information (RFI).

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SUMMARY: The U.S. Department of Energy (DOE) is initiating a data and 
information collection process through this request for information to 
better understand market trends and issues in the emerging market for 
appliances and commercial equipment that incorporate smart technology. 
DOE aims to gain greater perspective on the direction of the emerging 
smart technology market, including any energy efficiency trends or 
issues with respect to appliances or equipment incorporating smart 
technologies. DOE understands the significant investments in innovation 
being made with respect to such products. DOE's intent in issuing this 
RFI is to gather information to ensure that DOE does not inadvertently 
impede such innovation in fulfilling its statutory responsibilities in 
setting efficiency standards for covered products and equipment. DOE 
welcomes written comments from the public on any subject within the 
scope of this document, including topics not directly outlined in this 
RFI. DOE also welcomes comments on any additional topics that may 
inform DOE's overall understanding of relevant smart technology issues, 
including any suggestions for reducing or avoiding regulatory burdens 
within this context.

DATES: Written comments and information are requested and will be 
accepted on or before November 16, 2018.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by ``Smart Products RFI'', by 
any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include ``Smart Products 
RFI'' in the subject line of the message.
    3. Postal Mail: U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Room 6A-013, 1000 Independence Avenue 
SW, Washington, DC 20585-0121. Telephone: (202) 586-6803. 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: U.S. Department of Energy, Office of 
Energy Efficiency and Renewable Energy, Room 6A-013, 1000 Independence 
Avenue SW, Washington, DC 20585-0121. Telephone: (202) 586-6803. 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. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at http://www.regulations.gov. All documents in 
the docket are listed in the http://www.regulations.gov index. However, 
some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    The docket web page can be found at http://www.regulations.gov. The 
docket web page will contain simple instructions on how to access all 
documents, including public comments, in the docket. See section III 
for information on how to submit comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Tiedeman, U.S. Department 
of Energy, Office of the General Counsel, GC-33, 1000 Independence 
Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-6111. Email: 
[email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact Energy Efficiency and Renewable 
Energy staff at (202) 586-6803 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
II. Request for Information
III. Submission of Comments

I. Authority and Background

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, Part B 
\2\ of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, which sets forth a variety of 
provisions designed to improve energy efficiency. Title III, Part C of 
EPCA established the Energy Conservation Program for Certain Industrial 
Equipment.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
part B was redesignated part A.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of the Act include definitions (42 
U.S.C. 6291; 42 U.S.C. 6311), energy conservation standards (42 U.S.C. 
6295; 42 U.S.C. 6317), test procedures (42 U.S.C. 6293; 42 U.S.C. 
6314), labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6296; 42 U.S.C. 6316).
    Federal energy efficiency requirements for covered products 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6297; 42 U.S.C. 6316) DOE may, however,

[[Page 46887]]

grant waivers of Federal preemption for particular State laws or 
regulations, in accordance with the procedures and other provisions of 
EPCA. (42 U.S.C. 6297(d); 42 U.S.C. 6316(b)).
    DOE recognizes that many manufacturers are now developing 
``connected'' appliances, allowing for options such as remote control 
access, automatic supply replenishment, and intelligent energy 
consumption, as consumers increasingly demand such features. In 
addition to Wi-Fi connection capabilities, some manufacturers are 
incorporating, among other things, full-color touchscreens in various 
appliance models, allowing for potentially unique applications such as 
video and internet downloading. DOE appreciates the importance of many 
of these consumer-driven technological developments, while remaining 
cautious of energy saving design options that may compromise public 
safety due to associated cyber security risks. DOE is interested in 
better understanding the state of the market for smart products and 
equipment, the impact of any such smart features on the energy 
consumption of these models, and potential privacy and security risks 
these features may present. Information received will assist DOE in 
understanding such innovation so as to avoid inhibiting it through its 
standards and test procedure development processes.

II. Request for Information

    DOE has identified a variety of issues on which it seeks input to 
aid in its understanding of the rapidly developing market for smart 
appliances and equipment. Specifically, DOE is requesting comment on 
the direction of the market for these smart models, including any 
relevant trends; factors driving the market, including consumer demand; 
any relevant market metrics; specific technologies either currently on 
the market or under development (if the information provided is 
considered proprietary, it should be clearly marked as such and 
submitted as specified in Section III of this document); the cyber 
security risks associated with these technologies; the impact, if any, 
of smart features on the energy efficiency or energy use of appliance 
or equipment models; whether, and if so, how, the energy use related to 
the network connectivity of such products and equipment should be 
measured for purposes of standards development, particularly with 
respect to products and equipment for which energy conservation 
standards have already been established under EPCA, and any concerns 
that manufacturers may have with respect to smart appliances or 
equipment within the context of DOE's regulatory program.
    Additionally, DOE welcomes comments on other issues relevant to 
this market that may not specifically be identified in this document. 
In particular, DOE notes that under Executive Order 13771, ``Reducing 
Regulation and Controlling Regulatory Costs,'' Executive Branch 
agencies such as DOE are directed to manage the costs associated with 
the imposition of expenditures required to comply with Federal 
regulations. See 82 FR 9339 (February 3, 2017). Pursuant to that 
Executive Order, DOE encourages the public to provide input on measures 
DOE could take to lower the cost of its regulations applicable to 
appliances or equipment with smart features.

III. Submission of Comments

    DOE invites all interested parties to submit in writing, by the 
date listed in the DATES section of this document, comments and 
information on matters addressed in this document and on other matters 
relevant to DOE's consideration of the market for ``smart'' appliances 
and equipment. These comments and information will aid in DOE's better 
understanding of issues surrounding this developing market space with 
respect to those models within the Department's regulatory purview.
    Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page will require you to provide your name and 
contact information. Your contact information will be viewable to DOE 
Building Technologies staff only. Your contact information will not be 
publicly viewable except for your first and last names, organization 
name (if any), and submitter representative name (if any). If your 
comment is not processed properly because of technical difficulties, 
DOE will use this information to contact you. If DOE cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to http://www.regulations.gov information for which 
disclosure is restricted by statute, such as trade secrets and 
commercial or financial information (hereinafter referred to as 
Confidential Business Information (CBI)). Comments submitted through 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website will waive any CBI claims for the information 
submitted. For information on submitting CBI, see the Confidential 
Business Information section.
    DOE processes submissions made through http://www.regulations.gov 
before posting. Normally, comments will be posted within a few days of 
being submitted. However, if large volumes of comments are being 
processed simultaneously, your comment may not be viewable for up to 
several weeks. Please keep the comment tracking number that http://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to http://www.regulations.gov. If you do not want your personal 
contact information to be publicly viewable, do not include it in your 
comment or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names

[[Page 46888]]

compiled into one or more PDFs. This reduces comment processing and 
posting time.
    Confidential Business Information. According 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 via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked ``non-
confidential'' with the information believed to be confidential 
deleted. Submit these documents via email or on a CD, if feasible. DOE 
will make its own determination about 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) when such information might lose its 
confidential character due to the passage of time, and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).
    DOE considers public participation to be a very important part of 
the process for developing a greater understanding of the emerging 
``smart'' technology sector. DOE actively encourages the participation 
and interaction of the public during the comment period in each stage 
of this process. Interactions with and between members of the public 
provide a balanced discussion of the issues and assist DOE in the 
process. Anyone who wishes to be added to the DOE mailing list to 
receive future notices and information about this process should 
contact Energy Efficiency and Renewable Energy staff at (202) 586-6803 
or via email at [email protected].

    Signed in Washington, DC, on September 7, 2018.
Cathy Tripodi,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2018-20131 Filed 9-14-18; 8:45 am]
 BILLING CODE 6450-01-P