[Federal Register Volume 85, Number 189 (Tuesday, September 29, 2020)]
[Proposed Rules]
[Pages 60923-60926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-20925]
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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. 85, No. 189 / Tuesday, September 29, 2020 /
Proposed Rules
[[Page 60923]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[EERE-2017-BT-STD-0022]
RIN 1904-AE47
Energy Conservation Program: Energy Conservation Standards for
Certain Commercial and Industrial Equipment; Early Assessment Review;
Automatic Commercial Ice Makers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review for amended energy conservation standards for
automatic commercial ice makers (``ACIM'') to determine whether to
amend applicable energy conservation standards for this equipment.
Specifically, through this request for information (``RFI''), DOE seeks
data and information that could enable the agency to determine whether
DOE should propose a ``no-new-standard'' determination because a more-
stringent standard: Would not result in a significant savings of
energy; is not technologically feasible; is not economically justified;
or any combination of the foregoing. DOE welcomes written comments from
the public on any subject within the scope of this document (including
those topics not specifically raised in this RFI), as well as the
submission of data and other relevant information concerning this early
assessment review.
DATES: Written comments and information are requested and will be
accepted on or before December 14, 2020.
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 docket number EERE-2017-BT-
STD-0022, 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 the docket number
EERE-2017-BT-STD-0022 in the subject line of the message.
3. Postal Mail: Appliance and Equipment Standards Program, U.S.
Department of Energy, Building Technologies Office, Mailstop EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1445. 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: Appliance and Equipment Standards
Program, U.S. Department of Energy, Building Technologies Office, 950
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202)
287-1445. 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/#!docketDetail;D=EERE-2017-BT-STD-0022. The docket web page contains
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:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email: [email protected]">Appliance[email protected].
Ms. Amelia Whiting, U.S. Department of Energy, Office of the
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC
20585-0121. Telephone: (202) 586-2588. Email:
[email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected]">Appliance[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
II. Request for Information
III. Submission of Comments
I. Introduction
DOE has established an early assessment review process to conduct a
more focused analysis of a specific set of facts or circumstances that
would allow DOE to determine, based on one or more statutory criteria,
a new or amended energy conservation standard is not warranted. The
purpose of this review is to limit the resources, from both DOE and
stakeholders, committed to rulemakings that will not satisfy the
requirements in the Energy Policy and Conservation Act, as amended
(``EPCA''),\1\ that a new or amended energy conservation standard save
a significant amount of energy, and be economically justified and
technologically feasible. See 85 FR 8626, 8653-8654 (Feb. 14, 2020).
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\1\ All references to EPCA in this document refer to the statute
as amended through America's Water Infrastructure Act of 2018,
Public Law 115-270 (Oct. 23, 2018).
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As part of the early assessment, DOE publishes an RFI in the
Federal Register, announcing that DOE is considering initiating a
rulemaking proceeding and soliciting comments, data, and information on
whether a new or amended energy conservation standard would save a
significant amount of energy and be technologically feasible and
economically justified. Based on the information received in response
to the RFI and DOE's own
[[Page 60924]]
analysis, DOE will determine whether to proceed with a rulemaking for a
new or amended energy conservation standard.
If DOE makes an initial determination based upon available evidence
that a new or amended energy conservation standard would not meet the
applicable statutory criteria, DOE would engage in notice and comment
rulemaking before issuing a final determination that new or amended
energy conservation standards are not warranted. Conversely, if DOE
makes an initial determination that a new or amended energy
conservation standard would satisfy the applicable statutory criteria
or DOE's analysis is inconclusive, DOE would undertake the preliminary
stages of a rulemaking to issue a new or amended energy conservation
standard. Beginning such a rulemaking, however, would not preclude DOE
from later making a determination that a new or amended energy
conservation standard cannot satisfy the requirements in EPCA, based
upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb. 14,
2020).
A. Authority
EPCA, among other things, authorizes DOE to regulate the energy
efficiency of a number of consumer products and certain industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part C \2\ of EPCA, added
by Public Law 95-619, Title IV, section 441(a) (42 U.S.C. 6311-6317, as
codified), established the Energy Conservation Program for Certain
Industrial Equipment. This equipment includes ACIM, the subject of this
document. (42 U.S.C. 6311(1)(F))
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\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
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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 EPCA include definitions (42 U.S.C.
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C.
6315), energy conservation standards (42 U.S.C. 6313), and the
authority to require information and reports from manufacturers (42
U.S.C. 6316).
Federal energy efficiency requirements for covered equipment
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6316(a); 42 U.S.C. 6297(a)-(c)) DOE may, however, grant waivers
of Federal preemption in limited instances for particular State laws or
regulations, in accordance with the procedures and other provisions set
forth under EPCA. (42 U.S.C. 6316(a); 42 US.C. 6297(d))
EPCA prescribed the initial energy and water conservation standards
for ACIMs. (42 U.S.C. 6313(d)(1)) EPCA also authorizes DOE to establish
new standards for ACIMs not covered by the statutory standards. (42
U.S.C. 6313(d)(2)) Not later than January 1, 2015, with respect to the
standards established under 42 U.S.C. 6313(d)(1), and, with respect to
the standards established under 42 U.S.C. 6313(d)(2), not later than 5
years after the date on which the standards take effect, EPCA required
DOE to issue a final rule to determine whether amending the applicable
standards is technologically feasible and economically justified. (42
U.S.C. 6313(d)(3)(A)) Not later than 5 years after the effective date
of any amended standards under 42 U.S.C. 6313(d)(3)(A) or the
publication of a final rule determining that amending the standards is
not technologically feasible or economically justified, DOE must issue
a final rule to determine whether amending the standards established
under 42 U.S.C. 6313(d)(1) or the amended standards, as applicable, is
technologically feasible or economically justified. (42 U.S.C.
6313(d)(3)(B)) A final rule issued under 42 U.S.C. 6313(d)(2) or (3)
must establish standards at the maximum level that is technically
feasible and economically justified, as provided in 42 U.S.C. 6295(o)
and (p). (42 U.S.C. 6313(d)(4))
B. Rulemaking History
On October 18, 2005, DOE published a final rule codifying in the
Code of Federal Regulations (``CFR'') the energy conservation standards
and water conservation standards prescribed by EPCA in 42 U.S.C.
6313(d)(1) for certain automatic commercial ice makers manufactured on
or after January 1, 2010. 70 FR 60407, 60415-60416. The codified
statutory standards consisted of maximum energy use and maximum
condenser water use, if applicable, to produce 100 pounds (``lb.'') of
ice for ACIM with harvest rates between 50 and 2,500 lb. ice per 24
hours. Id. at 70 FR 60416. Most recently on January 28, 2015, in
satisfaction of the first rulemaking cycle required by EPCA, DOE
published a final rule adopting more-stringent energy conservation
standards for certain classes of ACIM and establishing energy
conservation standards for other classes of ACIM not previously subject
to standards. 80 FR 4646 (the ``January 2015 Final Rule''). The current
energy conservation standards are located in 10 CFR 431.136(c) and (d),
and specify the maximum energy use, in terms of kilowatt-hours
(``kWh'') per 100 lb. of ice produced, and maximum condenser water use,
in terms of gallons (``gal'') per 100 lb. of ice produced. The
currently applicable DOE test procedures for ACIM appear at 10 CFR
431.134.
II. Request for Information
DOE is publishing this RFI to collect data and information during
the early assessment review to inform its decision, consistent with its
obligations under EPCA, as to whether the Department should proceed
with an energy conservation standards rulemaking. Accordingly, in the
following sections, DOE has identified specific issues on which it
seeks input to aid in its analysis of whether an amended standard for
ACIM would not save a significant amount of energy or be
technologically feasible or economically justified. In particular, DOE
is interested in any information indicating that there has not been
sufficient technological or market changes since DOE last conducted an
energy conservation standards rulemaking analysis for ACIM to suggest a
more-stringent standard could satisfy these criteria. DOE also welcomes
comments on other issues relevant to its early assessment that may not
specifically be identified in this document.
A. Significant Savings of Energy
The energy conservation standards for ACIM established by DOE in
the January 2015 Final Rule are expected to result in 0.064 quads of
site energy savings, representing an 8 percent reduction in site energy
use, relative to the base case without amended standards over a 30-year
period.\3\ See 80 FR 4646, 4649; and the January 2015 Final Rule
Technical Support Document (``TSD'').\4\ Additionally, in the January
2015 Final Rule, DOE estimated that an energy conservation standard
established at an energy use level equivalent to that achieved using
the maximum available
[[Page 60925]]
technology (``max-tech'') would have resulted in 0.051 additional quads
of site energy savings.\5\ See 80 FR 4646, 4736; and the January 2015
Final Rule TSD. This represents a 7 percent reduction in energy use
compared to the estimated national energy use at the established energy
conservation standard level. If DOE determines that a more-stringent
energy conservation standard would not result in an additional 0.3 quad
of site energy savings or an additional 10-percent reduction in site
energy use over a 30-year period, DOE would propose to make a no-new-
standards determination. DOE seeks comment on energy savings that could
be expected from more-stringent standards for ACIM.
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\3\ This estimate of 0.064 quads reflects site energy savings.
The January 2015 Final Rule presented the 30-year energy savings
estimate as 0.18 quads, reflecting full-fuel-cycle (``FFC'') energy
savings. The FFC measure includes point-of-use (site) energy; the
energy losses associated with generation, transmission, and
distribution of electricity; and the energy consumed in extracting,
processing, and transporting or distributing primary fuels.
\4\ The January 2015 Final Rule TSD is available on http://www.regulations.gov in docket number EERE-2010-BT-STD-0037, document
number 136. The docket also includes the spreadsheet used to conduct
the national impact analysis, document number 131, as described in
chapter 10 of the January 2015 Final Rule TSD.
\5\ This estimate of 0.051 additional quads of site energy
savings reflects the difference in the cumulative national energy
savings between the max-tech efficiency levels and the energy
conservation standards established in the January 2015 Final Rule,
when converted from full-fuel-cycle energy savings to site energy
savings.
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While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
Issue 1: DOE seeks information on whether the max-tech level
analysis from the January 2015 Final Rule is applicable to the current
ACIM market and on whether the previous estimates of energy savings at
the max-tech level represent the savings that would be realized were
DOE to establish future amended energy conservation standards at the
max-tech level.
Issue 2: DOE seeks information on the January 2015 Final Rule
analysis resulting in the energy savings estimates discussed in this
section. Specifically, DOE requests comment and data on updates to the
relevant analysis inputs, including stock of ACIMs, shipments since
2010, efficiency distributions, and the incorporation of various
refrigerants in the models available on the market. DOE also requests
data on market share by equipment class and refrigerant.
B. Technological Feasibility
During the January 2015 Final Rule, DOE considered a number of
technology options that manufacturers could use to reduce energy
consumption in ACIM. DOE seeks comment on any changes to these
technology options that could affect whether DOE could propose a ``no-
new-standards'' determination, such as an insignificant increase in the
range of efficiencies and performance characteristics of these
technology options. DOE also seeks comment on whether there are any
other technology options that DOE should consider in its analysis.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
Issue 3: DOE requests feedback on whether the use of alternative
refrigerants could impact: ACIM efficiencies, the viability or
efficiency of other technology options incorporated into the equipment
(e.g., refrigeration system components, additional sensing/safety
components), the availability of equipment features, or consumer
utility.
Issue 4: DOE is aware that the range of available ACIM efficiencies
has changed since the January 2015 Final Rule analysis. DOE requests
comment and data regarding which design options are incorporated in
equipment that may achieve higher efficiencies than those considered in
the previous rulemaking analysis, including at a potentially updated
max-tech efficiency level, and how any such design options or
combinations of design options may impact the availability of equipment
features or consumer utility. Additionally, DOE seeks information on
any alternative approaches for achieving potential reductions in energy
usage for ACIMs.
C. Economic Justification
In determining whether a proposed energy conservation standard is
economically justified, DOE analyzes, among other things, the potential
economic impact on consumers, manufacturers, and the Nation. DOE seeks
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards. DOE also seeks comment and
data on any other aspects of its economic justification analysis from
the January 2015 Final Rule that may indicate whether a more-stringent
energy conservation standard would not be economically justified or
cost effective.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
Issue 5: DOE seeks input on whether frequency of repair differs for
the design options that underlie max-tech efficiency levels when
compared to baseline efficiency levels, and if and how installation
costs would be affected by the presence of such design options in
equipment.
Issue 6: DOE seeks input on whether 8.5 years, as estimated in the
January 2015 Final Rule analysis (see 80 FR 4646, 4700-4701), is an
appropriate lifetime for use in the economic analyses for all equipment
classes.
III. Submission of Comments
DOE invites all interested parties to submit in writing by December
14, 2020, comments and information on matters addressed in this notice
and on other matters relevant to DOE's early assessment of whether
more-stringent energy conservation standards are not warranted for
ACIM.
Submitting comments via http://www.regulations.gov. The http://www.regulations.gov web page requires 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. If this instruction is followed, 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
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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/courier, or postal
mail. Comments and documents submitted via email, hand delivery/
courier, or postal 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 in 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 postal mail
or hand delivery/courier, please provide all items on a CD, if
feasible, in which case it is not necessary to submit printed copies.
Faxes will not 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 compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. 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 via
email, postal mail, or hand delivery/courier 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.
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 test procedures and energy conservation
standards. 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 Appliance and
Equipment Standards Program staff at (202) 287-1445 or via email at
[email protected]">Appliance[email protected].
Signing Authority
This document of the Department of Energy was signed on September
17, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to
delegated authority from the Secretary of Energy. That document with
the original signature and date is maintained by DOE. For
administrative purposes only, and in compliance with requirements of
the Office of the Federal Register, the undersigned DOE Federal
Register Liaison Officer has been authorized to sign and submit the
document in electronic format for publication, as an official document
of the Department of Energy. This administrative process in no way
alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on September 17, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-20925 Filed 9-28-20; 8:45 am]
BILLING CODE 6450-01-P