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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules
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Persons requesting to speak should briefly describe the nature of their interest in this rulemaking and provide a telephone number for contact. DOE
requests persons selected to make an oral presentation to submit an advance copy of their statements at least two weeks before the webinar. At its discretion, DOE may permit persons who cannot supply an advance copy of their statement to participate, if those persons have made advance alternative arrangements with the Building Technologies Office. As necessary, requests to give an oral presentation should ask for such alternative arrangements.
C. Conduct of the Webinar DOE will designate a DOE official to preside at the webinar 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 webinar. There shall not be discussion of proprietary information, costs or prices, market share, or other commercial matters regulated by U.S.
anti-trust laws. After the webinar and until the end of the comment period, interested parties may submit further comments on the proceedings and any aspect of the rulemaking.
The webinar will be conducted in an informal, conference style. DOE will present summaries of comments received before the webinar, 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.
At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly and comment on statements made by others.
Participants should be prepared to answer questions by DOE and by other participants concerning these issues.
DOE representatives may also ask questions of participants concerning other matters relevant to this rulemaking. The official conducting the webinar will accept additional comments or questions from those
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attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the webinar.
A transcript of the webinar will be included in the docket, which can be viewed as described in the Docket section at the beginning of this document and will be accessible on the DOE website. In addition, any person may buy a copy of the transcript from the transcribing reporter.
D. Submission of Comments DOE will accept comments, data, and information regarding this proposed rule no later than the date provided in the DATES section at the beginning of this proposed rule.42 Interested parties may submit comments using any of the methods described in the ADDRESSES
section at the beginning of this NOPR.
Submitting comments via www.regulations.gov. The 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 42 DOE has historically provided a 75-day comment period for test procedure NOPRs pursuant to the North American Free Trade Agreement, U.S.Canada-Mexico NAFTA, Dec. 17, 1992, 32
I.L.M. 289 1993; the North American Free Trade Agreement Implementation Act, Public Law 103
182, 107 Stat. 2057 1993 codified as amended at 10 U.S.C.A. 2576 1993 NAFTA Implementation Act; and Executive Order 12889, Implementation of the North American Free Trade Agreement, 58
FR 69681 Dec. 30, 1993. However, on July 1, 2020, the Agreement between the United States of America, the United Mexican States, and the United Canadian States USMCA, Nov. 30, 2018, 134
Stat. 11 i.e., the successor to NAFTA, went into effect, and Congresss action in replacing NAFTA
through the USMCA Implementation Act, 19 U.S.C.
4501 et seq. 2020, implies the repeal of E.O. 12889
and its 75-day comment period requirement for technical regulations. Thus, the controlling laws are EPCA and the USMCA Implementation Act.
Consistent with EPCAs public comment period requirements for consumer products, the USMCA
only requires a minimum comment period of 60
days. Consequently, DOE now provides a 60-day public comment period for test procedure NOPRs.

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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 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 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 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 www.regulations.gov provides after you have successfully uploaded your comment.
Submitting comments via email.
Comments and documents submitted via email will be posted to 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. Following these instructions, 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. No telefacsimiles 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
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