[Federal Register: January 6, 2009 (Volume 74, Number 3)]
[Proposed Rules]               
[Page 411-413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06ja09-8]                         

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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2008-BT-STD-0015]
RIN 1904-AB86

 
Energy Efficiency Program for Consumer Products: Public Meeting 
and Availability of the Framework Document for Walk-In Coolers and 
Walk-In Freezers

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

ACTION: Notice of public meeting and availability of the framework 
document.

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SUMMARY: The Department of Energy (DOE) is initiating the rulemaking to 
consider establishing energy conservation standards for walk-in coolers 
and walk-in freezers. Accordingly, DOE will hold an informal public 
meeting to discuss and receive comments on its planned analytical 
approach and issues it will address in this rulemaking proceeding. DOE 
welcomes written comments from the public on our stated approach for 
this rulemaking. To inform stakeholders and to facilitate this process, 
DOE has prepared a Framework Document which details the analytical 
approach and identifies several issues on which DOE is particularly 
interested in receiving comment. A copy of the Framework Document is 
available at: http://www.eere.energy.gov/buildings/appliance_
standards/commercial/walkinrefrigeration_equipment.html.

DATES: The Department will hold a public meeting on Wednesday, January 
28, 2009, from 9 a.m. to 4 p.m. in Washington, DC. Any person 
requesting to speak at the public meeting should submit such request 
along with a signed original and an electronic copy of the statement to 
be given at the public meeting before 4 p.m., Wednesday, January 21, 
2009. Written comments on the framework document are welcome, 
especially following the public meeting, and should be submitted by 
February 5, 2009.

[[Page 412]]


ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 1E-245, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Please note that foreign nationals 
participating in the public meeting are subject to advance security 
screening procedures. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon as possible 
by contacting Brenda Edwards at (202) 586-2945 so that the necessary 
procedures can be completed.
    Stakeholders may submit comments, identified by docket number EERE-
2008-BT-STD-0015 and/or Regulation Identifier Number (RIN) 1904-AB86, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: WICF-2008-STD-0015@ee.doe.gov. Include EERE-2008-
BT-STD-0015 and/or RIN 1904-AB86 in the subject line of the message.
     Mail: Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, Framework Document for Walk-In 
Coolers and Walk-In Freezers, EERE-2008-BT-STD-0015 and/or RIN 1904-
AB86, 1000 Independence Avenue, SW., Washington, DC 20585-0121. Please 
submit one signed paper original.
     Hand Delivery/Courier: Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Sixth Floor, 950 L'Enfant Plaza, 
SW., Washington, DC 20024. Please submit one signed paper original.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking found at the beginning of 
this notice.
    Docket: For access to the docket to read background documents, a 
copy of the transcript of the public meeting, or comments received, go 
to the U.S. Department of Energy, Resource Room of the Building 
Technologies Program, Sixth Floor, 950 L'Enfant Plaza, SW., Washington, 
DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday through 
Friday, except Federal holidays. Please call Brenda Edwards first at 
the above telephone number for additional information regarding 
visiting the Resource Room.

FOR FURTHER INFORMATION CONTACT: Charles Llenza, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Telephone: (202) 586-2192. E-mail: 
Charles.Llenza@ee.doe.gov.
    Michael Kido, U.S. Department of Energy, Office of the General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Telephone: (202) 586-9507. E-mail: Michael.Kido@hq.doe.gov.
    For information on how to submit or review public comments and on 
how to participate in the public meeting, contact Brenda Edwards, U.S. 
Department of Energy, Office of Energy Efficiency and Renewable Energy, 
Building Technologies Program, EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. Telephone (202) 586-2945. E-mail: 
Brenda.Edwards@ee.doe.gov.

SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and 
Conservation Act of 1975 (EPCA) sets forth a variety of provisions 
designed to improve energy efficiency. Part A of Title III (42 U.S.C. 
6291-6309) provides for the Energy Conservation Program for Consumer 
Products Other Than Automobiles.\1\ Part A-1 of Title III (42 U.S.C. 
6311-6317) establishes a similar program for ``Certain Industrial 
Equipment,'' including walk-in coolers and walk-in freezers, the 
subject of this rulemaking.\2\
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    \1\ This part was originally titled Part B; however, it was 
redesignated Part A after Part B of Title III of EPCA was repealed 
by Public Law 109-58.
    \2\ This part was originally titled Part C; however, it was 
redesignated Part A-1 after Part B of Title III of EPCA was repealed 
by Public Law 109-58.
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    More recently, EPCA was amended by the Energy Independence and 
Security Act of 2007 (EISA), Public Law 110-140. In particular, section 
312(a) of EISA amends section 340 of EPCA by adding in new subsection 
340(20) (42 U.S.C. 6311(20)), which defines walk-in coolers and walk-in 
freezers. In addition, section 312(b) of EISA amends section 342 of 
EPCA by adding new subsection 342(f)(1) (42 U.S.C. 6313(f)(1)), which 
establishes prescriptive standards for walk-in coolers and freezers 
manufactured on or after January 1, 2009. Section 312 of EISA amends 
section 342 of EPCA by adding a new subsection 342(f)(2) (42 U.S.C. 
6313(f)(2)), which establishes requirements for electronically 
commutated motors for walk-in coolers and freezers described in 
paragraph (f)(1)(E)(i). Section 312 of EISA amends section 342 of EPCA 
by adding new subsection 342(f)(3) (42 U.S.C. 6313(f)(3)), which 
establishes additional requirements for walk-in coolers or walk-in 
freezers with transparent reach-in doors manufactured on or after 
January 1, 2009. Section 312 of EISA amends section 342 of EPCA by 
adding new subsection 342(f)(4) (42 U.S.C. 6313(f)(4)), which directs 
the Secretary to issue by rule, no later than January 1, 2012, 
performance-based standards for walk-in coolers and walk-in freezers 
manufactured on or after 3 or 5 years after the final rule is 
published. These new requirements are the subjects of this Framework 
Document.
    Additionally, section 312(c) of EISA amends section 343(a) of EPCA 
(42 U.S.C. 6314(a)) by adding new subsection 343(a)(9) (42 U.S.C. 
6314(a)(9)), which establishes test procedure definitions for walk-in 
cooler and freezer and directs the Secretary to establish test 
procedures to measure the energy-use of walk-in coolers and walk-in 
freezers. Accordingly, DOE intends to propose such test procedures 
under a separate rulemaking.
    To initiate this rulemaking to establish energy conservation 
standards for this equipment class, DOE has prepared a Framework 
Document to explain the issues, analyses, and processes it anticipates 
using for the development of energy conservation standards for walk-in 
coolers and walk-in freezers. As noted above, DOE will hold a public 
meeting on Wednesday, January 28, 2009 in Washington, DC, the main 
focus of which will be to discuss the analyses presented and issues 
identified in the Framework Document. At the public meeting, the 
Department will make a number of presentations, invite discussion on 
the rulemaking process as it applies to walk-in coolers and walk-in 
freezers, and solicit public comments, data, and information from 
participants and other stakeholders.
    The Department encourages those who wish to participate in the 
public meeting to obtain the Framework Document and to be prepared to 
discuss its contents. A copy of the draft Framework Document is 
available at: http://www.eere.energy.gov/buildings/appliance_
standards/commercial/walkinrefrigeration_equipment.html.
    Public meeting participants need not limit their comments to the 
issues identified in the Framework Document. The Department is also 
interested in receiving views concerning other relevant issues that 
participants believe would affect energy conservation standards for 
this equipment and applicable test procedures. Furthermore, the 
Department welcomes all interested parties, whether or not they 
participate in the public meeting, to submit in writing by February 5, 
2009, comments and information on matters addressed in the Framework 
Document and on other matters relevant to consideration of standards 
for walk-in coolers and walk-in freezers.
    The public meeting will be conducted in an informal, facilitated, 
conference

[[Page 413]]

style. There shall be no discussion of proprietary information, costs 
or prices, market shares, or other commercial matters regulated by U.S. 
antitrust laws. A court reporter will record the proceedings of the 
public meeting, after which a transcript will be available on the 
above-referenced Web site.
    After the public meeting and the close of the comment period on the 
Framework Document, DOE will begin collecting data, conducting the 
analyses as discussed in the Framework Document and at the public 
meeting, and reviewing the comments received.
    DOE considers public participation to be a very important part of 
the process for setting energy conservation standards. DOE actively 
encourages the participation and interaction of the public during the 
comment period in each stage of the rulemaking process. Beginning with 
the Framework Document, and during each subsequent public meeting and 
comment period, interactions with and between members of the public 
provide a balanced discussion of the issues to assist DOE with the 
standards rulemaking process. Accordingly, anyone who would like to 
participate in the public meeting, receive meeting materials, or be 
added to the DOE mailing list to receive future notices and information 
regarding this rulemaking on walk-in coolers and walk-in freezers, 
should contact Brenda Edwards at (202) 586-2945, or via e-mail at: 
Brenda.Edwards@ee.doe.gov.

    Issued in Washington, DC, on December 24, 2008.
John F. Mizroch,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E8-31405 Filed 1-5-09; 8:45 am]

BILLING CODE 6450-01-P