Energy Efficiency Program for Consumer Products: Public Meeting and Availability of the Framework Document for Residential Central Air Conditioners and Heat Pumps, 32243-32245 [E8-12753]
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32243
Proposed Rules
Federal Register
Vol. 73, No. 110
Friday, June 6, 2008
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.
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2008–BT–STD–0006]
RIN 1904–AB47
Energy Efficiency Program for
Consumer Products: Public Meeting
and Availability of the Framework
Document for Residential Central Air
Conditioners and Heat Pumps
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and
availability of the Framework
Document.
AGENCY:
SUMMARY: The Department of Energy
(DOE) is initiating the rulemaking and
data collection process to consider
establishing amended energy
conservation standards for residential
central air conditioners and heat pumps.
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 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:
https://www.eere.energy.gov/buildings/
appliance_standards/residential/
central_ac_hp.html.
The Department will hold a
public meeting on June 12, 2008, 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., June 11, 2008. Written comments
on the Framework Document are
welcome, especially following the
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DATES:
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public meeting, and should be
submitted by July 7, 2008.
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 Ms. 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–0006 and/or Regulation
Identifier Number (RIN) 1904–AB47, by
any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail:
Brenda.Edwards@ee.doe.gov. Include
EERE–2008–BT–STD–0006 and/or RIN
1904–AB47 in the subject line of the
message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Framework Document for Central Air
Conditioners and Heat Pumps, EERE–
2008–BT–STD–0006 and/or RIN 1904–
AB47, 1000 Independence Avenue, SW.,
Washington, DC 20585–0121. Please
submit one signed paper original.
• Hand Delivery/Courier: Ms. 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 Ms. Brenda Edwards first at
the above telephone number for
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additional information regarding
visiting the Resource Room.
Mr.
Wes Anderson, 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) 586–7335. E-mail:
Wes.Anderson@ee.doe.gov.
Mr. Eric Stas or Mr. 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:
Eric.Stas@hq.doe.gov or
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 Ms. 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.
FOR FURTHER INFORMATION CONTACT:
Part A 1 of
Title III of the Energy Policy and
Conservation Act of 1975 (EPCA),
Public Law 94–163, as amended by the
National Energy Conservation Policy
Act, Public Law 95–619, the National
Appliance Energy Conservation Act of
1987, Public Law 100–12, the National
Appliance Energy Conservation
Amendments of 1988, Public Law 100–
357, and the Energy Policy Act of 1992,
Public Law 102–486, created the
‘‘Energy Conservation Program for
Consumer Products Other than
Automobiles.’’ (42 U.S.C. 6291–6309)
The consumer products subject to this
program include residential central air
conditioners and central air
conditioning heat pumps (hereafter
referred to as central air conditioners
and heat pumps).
The National Appliance Energy
Conservation Act of 1987 (NAECA)
established energy conservation
standards for central air conditioners
and heat pumps as well as requirements
for determining whether these standards
should be amended. Specifically,
SUPPLEMENTARY INFORMATION:
1 This part was originally titled Part B; however,
it was redesignated Part A after Part B was repealed
by Pub. L. 109–58.
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32244
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
dwashington3 on PRODPC61 with PROPOSALS
NAECA established energy conservation
standards for central air conditioners
and heat pumps in the form of
minimum limits on the seasonal energy
efficiency ratio (SEER) for air
conditioners and for heat pumps
operating in the cooling mode, and on
the heating seasonal performance factor
(HSPF) for heat pumps operating in the
heating mode.2 NAECA established the
following standards for central air
conditioners and heat pumps: 10.0
SEER/6.8 HSPF for split systems and 9.7
SEER/6.6 HSPF for single-package
systems. These standards became
effective January 1, 1992 for split
systems; standards for single-package
systems came into effect one year later.
See 42 U.S.C. 6295(d)(1)(A)–(B) and
(2)(A)–(B). NAECA also required that
DOE conduct two cycles of rulemakings
to determine if more stringent standards
are economically justified and
technologically feasible. (42 U.S.C.
6295(d)(3)(A)–(B))
Pursuant to 42 U.S.C. 6295(b)(3)(A),
DOE published a final rule in the
Federal Register on January 22, 2001
(2001 final rule), amending the energy
conservation standards for central air
conditioners and heat pumps. 66 FR
7170. The amended standards increased
the minimum SEER to 13 and the
minimum HSPF to 7.7, excluding
through-the-wall and space-constrained
systems.3 Id. This final rule constituted
the first cycle of revised standards for
central air conditioners and heat pumps.
EPCA was further amended by the
Energy Policy Act of 2005 (EPACT),
Public Law 109–58. In Section 141 of
EPACT, Congress directed DOE to
submit an initial report regarding a plan
for expeditiously prescribing new or
revised standards. Pursuant to section
141 of EPACT, DOE submitted an
implementation report 4 to Congress in
2 NAECA established the following standards for
central air conditioners and heat pumps: 10.0
SEER/6.8 HSPF for split systems, 9.7 SEER/6.6
HSPF for single-package systems.
3 Shortly after the publication of the 2001 final
rule, DOE postponed the effective date of the rule
to take time to reconsider the amended standards
for central air conditioners and heat pumps. DOE
eventually promulgated a 12 SEER standard in a
final rule published in the Federal Register May 23,
2002 (2002 final rule; 67 FR 36368), but the U.S.
Court of Appeals for the Second Circuit ruled that
DOE had done so improperly. Natural Resources
Defense Council v. Abraham, 355 F.3d 179 (2d Cir.
2004). As a result, DOE published a technical
amendment in the Federal Register on August 17,
2004, which established a 13 SEER standard for all
central air conditioners and heat pumps, excluding
through-the-wall and space-constrained systems. 69
FR 50997.
4 Energy Conservation Standards Activities,
January 2006. This document can be downloaded
from the DOE Web site at:https://
www.eere.energy.gov/buildings/
appliance_standards/2006_schedule_setting.html.
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January 2006. This report included a
schedule for the completion of the
second rulemaking cycle of revised
standards for central air conditioners
and heat pumps, which called for DOE
to publish a final rule by June 2011,
with a standards compliance effective
date of June 2016. In separate court
proceedings (New York, v. Bodman, No.
05 Civ. 7807 (S.D.N.Y. filed Sept. 7,
2005) and Natural Resources Defense
Council v. Bodman, No. 05 Civ. 7808
(S.D.N.Y. filed Sept. 7, 2005), the
resulting consent decree (filed
November 6, 2006) adopted the
schedule for central air conditioners and
heat pumps that DOE published in the
January 2006 report to Congress (i.e.,
publication of a final rule by June 30,
2011). This Framework Document
initiates this second rulemaking cycle
for central air conditioners and heat
pumps.
More recently, EPCA was amended by
the Energy Independence and Security
Act of 2007 (EISA 2007), Public Law
110–140. In section 306 of EISA 2007,
Congress directed DOE to consider
regional standards for central air
conditioners and heat pumps (among
other products), for one or two regions
in addition to a base national standard.
(42 U.S.C. 6295(o)(6)) EISA 2007 states
that in considering regional standards,
DOE may consider regions made up of
contiguous States only. Further, in
section 310 of EISA 2007, Congress
directed DOE to consider amended test
procedures and standards for standbymode and off-mode energy consumption
by covered equipment (such as central
air conditioners and heat pumps) for
any standard published after July 1,
2010. (42 U.S.C. 6295(gg)(3)) Because
this energy conservation standards
rulemaking for central air conditioners
and heat pumps will be completed in
2011, the requirement to incorporate
standby-mode and off-mode energy use
into the energy conservation standards
analysis is applicable.
To initiate the second rulemaking
cycle to consider amended energy
conservation standards for central air
conditioners and heat pumps, DOE has
prepared a Framework Document to
explain the issues, analyses, and
processes it anticipates using for the
development of potential energy
conservation standards for central air
conditioners and heat pumps. As noted
above, DOE will hold a public meeting
on June 12, 2008 in Washington, DC, the
main focus of which will be to discuss
the analyses presented and issued
identified in the Framework Document.
At the public meeting, the Department
will make a number of presentations,
invite discussion on the rulemaking
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process as it applies to central air
conditioners and heat pumps, 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:
https://www.eere.energy.gov/buildings/
appliance_standards/residential/
central_ac_hp.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 these products 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 July 7, 2008, comments and
information on matters addressed in the
Framework Document and on other
matters relevant to consideration of
standards for central air conditioners
and heat pumps.
The public meeting will be conducted
in an informal, facilitated, conference
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 made
available for purchase from the court
reporter and available on the abovereferenced 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
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Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed Rules
Issued in Washington, DC, on June 2, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. E8–12753 Filed 6–5–08; 8:45 am]
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this AD, contact Boeing Commercial
Airplanes, P.O. Box 3707, Seattle,
Washington 98124–2207.
BILLING CODE 6450–01–P
Examining the AD Docket
notices and information regarding this
rulemaking on central air conditioners
and heat pumps, should contact Ms.
Brenda Edwards at (202) 586–2945, or
via e-mail at:
Brenda.Edwards@ee.doe.gov.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2008–0619; Directorate
Identifier 2007–NM–356–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 747–100, 747–100B, 747–100B
SUD, 747–200B, 747–200C, 747–200F,
747–300, 747SR, and 747SP Series
Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for certain
Boeing Model 747–100, 747–100B, 747–
100B SUD, 747–200B, 747–200C, 747–
200F, 747–300, 747SR, and 747SP series
airplanes. This proposed AD would
require performing repetitive
operational tests of the engine fuel
suction feed of the fuel system, and
other related testing if necessary. This
proposed AD results from a report of inservice occurrences of loss of fuel
system suction feed capability, followed
by total loss of pressure of the fuel feed
system. We are proposing this AD to
detect and correct failure of the engine
fuel suction feed of the fuel system,
which could result in multi-engine
flameout, inability to restart the engines,
and consequent forced landing of the
airplane.
DATES: We must receive comments on
this proposed AD by July 21, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
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SUMMARY:
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You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT: Sue
Lucier, Aerospace Engineer, Propulsion
Branch, ANM–140S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington
98057–3356; telephone (425) 917–6438;
fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2008–0619; Directorate Identifier
2007–NM–356–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
We have received a report of inservice occurrences of loss of fuel
system suction feed capability, followed
by total loss of pressure of the fuel feed
system. This condition, if not corrected,
could result in multi-engine flameout,
inability to restart the engines, and
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32245
consequent forced landing of the
airplane.
FAA’s Conclusions
We have determined that it is
necessary to require an operational test
of the engine fuel suction feed of the
fuel system, and other related testing, as
applicable. Procedures for doing the
operational test can be found in the
maintenance manual. The other related
testing is for airplanes on which
deterioration in the engine RPM is
found on one or both of the engines
during the operational test. Failure of
the engine fuel suction feed of the fuel
system could result in the unsafe
condition described previously.
FAA’s Determination and Requirements
of This Proposed AD
We are proposing this AD because we
have evaluated all pertinent information
and identified an unsafe condition that
is likely to exist or develop on other
airplanes of this same type design. The
proposed AD would require performing
repetitive operational tests of the engine
fuel suction feed of the fuel system, and
other related testing if necessary.
Costs of Compliance
We estimate that this proposed AD
would affect 166 airplanes of U.S.
registry. We also estimate that it would
take 1 work-hour per product, per test,
to comply with this proposed AD. The
average labor rate is $80 per work-hour.
Based on these figures, we estimate the
cost of this proposed AD to the U.S.
operators to be $13,280, or $80 per
product, per test.
Authority for This Rulemaking
Title 49 of the United States Code
specifies the FAA’s authority to issue
rules on aviation safety. Subtitle I,
section 106, describes the authority of
the FAA Administrator. ‘‘Subtitle VII:
Aviation Programs,’’ describes in more
detail the scope of the Agency’s
authority.
We are issuing this rulemaking under
the authority described in ‘‘Subtitle VII,
Part A, Subpart III, Section 44701:
General requirements.’’ Under that
section, Congress charges the FAA with
promoting safe flight of civil aircraft in
air commerce by prescribing regulations
for practices, methods, and procedures
the Administrator finds necessary for
safety in air commerce. This regulation
is within the scope of that authority
because it addresses an unsafe condition
that is likely to exist or develop on
products identified in this rulemaking
action.
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Agencies
[Federal Register Volume 73, Number 110 (Friday, June 6, 2008)]
[Proposed Rules]
[Pages 32243-32245]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-12753]
========================================================================
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.
========================================================================
Federal Register / Vol. 73, No. 110 / Friday, June 6, 2008 / Proposed
Rules
[[Page 32243]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2008-BT-STD-0006]
RIN 1904-AB47
Energy Efficiency Program for Consumer Products: Public Meeting
and Availability of the Framework Document for Residential Central Air
Conditioners and Heat Pumps
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting and availability of the Framework
Document.
-----------------------------------------------------------------------
SUMMARY: The Department of Energy (DOE) is initiating the rulemaking
and data collection process to consider establishing amended energy
conservation standards for residential central air conditioners and
heat pumps. 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 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: https://
www.eere.energy.gov/buildings/appliance_standards/residential/
central_ac_hp.html.
DATES: The Department will hold a public meeting on June 12, 2008, 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., June 11, 2008. Written comments on the
Framework Document are welcome, especially following the public
meeting, and should be submitted by July 7, 2008.
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 Ms. 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-0006 and/or Regulation Identifier Number (RIN) 1904-AB47,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: Brenda.Edwards@ee.doe.gov. Include EERE-2008-BT-
STD-0006 and/or RIN 1904-AB47 in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Framework Document for
Central Air Conditioners and Heat Pumps, EERE-2008-BT-STD-0006 and/or
RIN 1904-AB47, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Please submit one signed paper original.
Hand Delivery/Courier: Ms. 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 Ms. Brenda Edwards first
at the above telephone number for additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Wes Anderson, 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) 586-7335. E-mail: Wes.Anderson@ee.doe.gov.
Mr. Eric Stas or Mr. 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:
Eric.Stas@hq.doe.gov or 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 Ms. 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: Part A \1\ of Title III of the Energy Policy
and Conservation Act of 1975 (EPCA), Public Law 94-163, as amended by
the National Energy Conservation Policy Act, Public Law 95-619, the
National Appliance Energy Conservation Act of 1987, Public Law 100-12,
the National Appliance Energy Conservation Amendments of 1988, Public
Law 100-357, and the Energy Policy Act of 1992, Public Law 102-486,
created the ``Energy Conservation Program for Consumer Products Other
than Automobiles.'' (42 U.S.C. 6291-6309) The consumer products subject
to this program include residential central air conditioners and
central air conditioning heat pumps (hereafter referred to as central
air conditioners and heat pumps).
---------------------------------------------------------------------------
\1\ This part was originally titled Part B; however, it was
redesignated Part A after Part B was repealed by Pub. L. 109-58.
---------------------------------------------------------------------------
The National Appliance Energy Conservation Act of 1987 (NAECA)
established energy conservation standards for central air conditioners
and heat pumps as well as requirements for determining whether these
standards should be amended. Specifically,
[[Page 32244]]
NAECA established energy conservation standards for central air
conditioners and heat pumps in the form of minimum limits on the
seasonal energy efficiency ratio (SEER) for air conditioners and for
heat pumps operating in the cooling mode, and on the heating seasonal
performance factor (HSPF) for heat pumps operating in the heating
mode.\2\ NAECA established the following standards for central air
conditioners and heat pumps: 10.0 SEER/6.8 HSPF for split systems and
9.7 SEER/6.6 HSPF for single-package systems. These standards became
effective January 1, 1992 for split systems; standards for single-
package systems came into effect one year later. See 42 U.S.C.
6295(d)(1)(A)-(B) and (2)(A)-(B). NAECA also required that DOE conduct
two cycles of rulemakings to determine if more stringent standards are
economically justified and technologically feasible. (42 U.S.C.
6295(d)(3)(A)-(B))
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\2\ NAECA established the following standards for central air
conditioners and heat pumps: 10.0 SEER/6.8 HSPF for split systems,
9.7 SEER/6.6 HSPF for single-package systems.
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Pursuant to 42 U.S.C. 6295(b)(3)(A), DOE published a final rule in
the Federal Register on January 22, 2001 (2001 final rule), amending
the energy conservation standards for central air conditioners and heat
pumps. 66 FR 7170. The amended standards increased the minimum SEER to
13 and the minimum HSPF to 7.7, excluding through-the-wall and space-
constrained systems.\3\ Id. This final rule constituted the first cycle
of revised standards for central air conditioners and heat pumps.
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\3\ Shortly after the publication of the 2001 final rule, DOE
postponed the effective date of the rule to take time to reconsider
the amended standards for central air conditioners and heat pumps.
DOE eventually promulgated a 12 SEER standard in a final rule
published in the Federal Register May 23, 2002 (2002 final rule; 67
FR 36368), but the U.S. Court of Appeals for the Second Circuit
ruled that DOE had done so improperly. Natural Resources Defense
Council v. Abraham, 355 F.3d 179 (2d Cir. 2004). As a result, DOE
published a technical amendment in the Federal Register on August
17, 2004, which established a 13 SEER standard for all central air
conditioners and heat pumps, excluding through-the-wall and space-
constrained systems. 69 FR 50997.
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EPCA was further amended by the Energy Policy Act of 2005 (EPACT),
Public Law 109-58. In Section 141 of EPACT, Congress directed DOE to
submit an initial report regarding a plan for expeditiously prescribing
new or revised standards. Pursuant to section 141 of EPACT, DOE
submitted an implementation report \4\ to Congress in January 2006.
This report included a schedule for the completion of the second
rulemaking cycle of revised standards for central air conditioners and
heat pumps, which called for DOE to publish a final rule by June 2011,
with a standards compliance effective date of June 2016. In separate
court proceedings (New York, v. Bodman, No. 05 Civ. 7807 (S.D.N.Y.
filed Sept. 7, 2005) and Natural Resources Defense Council v. Bodman,
No. 05 Civ. 7808 (S.D.N.Y. filed Sept. 7, 2005), the resulting consent
decree (filed November 6, 2006) adopted the schedule for central air
conditioners and heat pumps that DOE published in the January 2006
report to Congress (i.e., publication of a final rule by June 30,
2011). This Framework Document initiates this second rulemaking cycle
for central air conditioners and heat pumps.
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\4\ Energy Conservation Standards Activities, January 2006. This
document can be downloaded from the DOE Web site at:https://
www.eere.energy.gov/buildings/appliance_standards/2006_schedule_
setting.html.
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More recently, EPCA was amended by the Energy Independence and
Security Act of 2007 (EISA 2007), Public Law 110-140. In section 306 of
EISA 2007, Congress directed DOE to consider regional standards for
central air conditioners and heat pumps (among other products), for one
or two regions in addition to a base national standard. (42 U.S.C.
6295(o)(6)) EISA 2007 states that in considering regional standards,
DOE may consider regions made up of contiguous States only. Further, in
section 310 of EISA 2007, Congress directed DOE to consider amended
test procedures and standards for standby-mode and off-mode energy
consumption by covered equipment (such as central air conditioners and
heat pumps) for any standard published after July 1, 2010. (42 U.S.C.
6295(gg)(3)) Because this energy conservation standards rulemaking for
central air conditioners and heat pumps will be completed in 2011, the
requirement to incorporate standby-mode and off-mode energy use into
the energy conservation standards analysis is applicable.
To initiate the second rulemaking cycle to consider amended energy
conservation standards for central air conditioners and heat pumps, DOE
has prepared a Framework Document to explain the issues, analyses, and
processes it anticipates using for the development of potential energy
conservation standards for central air conditioners and heat pumps. As
noted above, DOE will hold a public meeting on June 12, 2008 in
Washington, DC, the main focus of which will be to discuss the analyses
presented and issued 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 central
air conditioners and heat pumps, 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: https://www.eere.energy.gov/buildings/appliance_
standards/residential/central_ac_hp.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
these products 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 July 7,
2008, comments and information on matters addressed in the Framework
Document and on other matters relevant to consideration of standards
for central air conditioners and heat pumps.
The public meeting will be conducted in an informal, facilitated,
conference 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
made available for purchase from the court reporter and 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
[[Page 32245]]
notices and information regarding this rulemaking on central air
conditioners and heat pumps, should contact Ms. Brenda Edwards at (202)
586-2945, or via e-mail at: Brenda.Edwards@ee.doe.gov.
Issued in Washington, DC, on June 2, 2008.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E8-12753 Filed 6-5-08; 8:45 am]
BILLING CODE 6450-01-P