Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Proposed Determination of Residential Central Air Conditioner Split-System Condensing Units and Residential Heat Pump Split-System Outdoor Units as a Covered Consumer Product, 1649-1654 [2012-328]
Download as PDF
<![CDATA[
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules
provided (e.g., whether the billing
health professional is a licensed
practitioner authorized by State law or
other qualified health professional)
must be verified, if questionable. Only
out-of-pocket expenses can be deducted.
Expenses reimbursed to the household
by an insurer are not deductible. The
eligibility of the household to qualify for
the deduction (i.e., the household
includes a member who is elderly or
disabled) must be verified, if
questionable.
(D) Standard shelter/utility deduction.
A household must incur, on a monthly
basis, at least one allowable shelter/
utility expense in accordance with 7
CFR 253.6(e)(5)(i) to qualify for the
standard shelter/utility deduction. The
State agency must verify that the
household incurs the expense.
*
*
*
*
*
(c) * * *
(1) The State agency must develop
procedures for how changes in
household circumstances are reported.
Changes reported over the telephone or
in person must be acted on in the same
manner as those reported in writing.
Participating households are required to
report the following changes within 10
calendar days after the change becomes
known to the household:
(i) A change in household
composition;
(ii) An increase in gross monthly
income of more than $100;
(iii) A change in residence;
(iv) When the household no longer
incurs a shelter and utility expense; or
(v) A change in the legal obligation to
pay child support.
*
*
*
*
*
Dated: December 29, 2011.
Janey Thornton,
Acting Under Secretary, Food, Nutrition, and
Consumer Services.
[FR Doc. 2012–391 Filed 1–10–12; 8:45 am]
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
BILLING CODE 3410–30–P
VerDate Mar<15>2010
13:59 Jan 10, 2012
Jkt 226001
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2011–BT–DET–0079]
RIN 1904–AC69
Energy Conservation Program for
Consumer Products and Certain
Commercial and Industrial Equipment:
Proposed Determination of Residential
Central Air Conditioner Split-System
Condensing Units and Residential Heat
Pump Split-System Outdoor Units as a
Covered Consumer Product
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Proposed determination.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to determine
that Residential Central Air Conditioner
Split-System Condensing Units
(hereafter referred to as ‘‘Condensing
Units’’) and Residential Heat Pump
Split-System Outdoor Units (hereafter
referred to as ‘‘Outdoor Units) qualify as
a covered product under Part A of Title
III of the Energy Policy and
Conservation Act (EPCA), as amended.
DOE has determined that Condensing
Units and Outdoor Units meet the
criteria for covered products because:
(1) Classifying products of such type as
covered products is necessary or
appropriate to carry out the purposes of
EPCA, and (2) the average U.S.
household energy use for Condensing
Units and Outdoor Units are likely to
exceed 100 kilowatt-hours (kWh) per
year.
SUMMARY:
DOE will accept written
comments, data, and information on this
notice, but no later than February 10,
2012.
DATES:
Interested persons may
submit comments, identified by docket
number EERE–2011–BT–DET–0079, by
any of the following methods:
• Federal eRulemaking Portal:
www.regulations.gov Follow the
instructions for submitting comments.
• Email: Brenda.Edwards@ee.doe.gov.
Include EERE–2011–BT–DET–0079 and/
or RIN 1904–AC69 in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
EERE–2011–BT–DET–0079 and/or RIN
1904–AC69, 1000 Independence
Avenue SW., Washington, DC 20585–
0121. Phone: (202) 586–2945. Please
submit one signed paper original.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
ADDRESSES:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
1649
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza SW.,
Washington, DC 20024. Phone: (202)
586–2945. Please submit one signed
paper original.
Instructions: All submissions received
must include the agency name and
docket number or RIN for 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, 6th 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 at (202) 586–2945 for
additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Ms.
Ashley Armstrong, 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) 586–17335. Email:
Ashley.Armstrong@ee.doe.gov.
In the Office of General Counsel,
contact Ms. Elizabeth Kohl, U.S.
Department of Energy, Office of the
General Counsel, GC–71, 1000
Independence Avenue SW.,
Washington, DC 20585. Telephone:
(202) 586–7796. Email:
Elizabeth.Kohl@hq.doe.gov.
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Proposed Definition(s)
IV. Evaluation of Condensing Units and
Outdoor Units as a Covered Product
Subject to Energy Conservation
Standards
A. Coverage Appropriate to Carry Out
Purposes of EPCA
B. Average Household Energy Use
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality
Bulletin for Peer Review
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
E:\FR\FM\11JAP1.SGM
11JAP1
1650
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
I. Statutory Authority
Title III of the Energy Policy and
Conservation Act (EPCA), as amended
(42 U.S.C. 6291 et seq.), sets forth
various provisions designed to improve
energy efficiency. Part A of Title III of
EPCA (42 U.S.C. 6291–6309) established
the ‘‘Energy Conservation Program for
Consumer Products Other Than
Automobiles,’’ which covers consumer
products and certain commercial
products (hereafter referred to as
‘‘covered products’’).1 In addition to
specifying a list of covered residential
and commercial products, EPCA
contains provisions that enable the
Secretary of Energy to classify
additional types of consumer products
as covered products. For a given
product to be classified as a covered
product, the Secretary must determine
that:
(1) Classifying the product as a
covered product is necessary or
appropriate to carry out the purposes of
EPCA; 2 and
(2) The average annual per-household
energy use by products of such type is
likely to exceed 100 kWh per year. (42
U.S.C. 6292(b)(1)).
For the Secretary to prescribe an
energy conservation standard pursuant
to 42 U.S.C. 6295(o) and (p) for covered
products added pursuant to 42 U.S.C.
6292(b)(1), he must also determine that:
(1) The average household energy use
of the products has exceeded 150
kilowatt-hours per household for a
12-month period,
(2) The aggregate 12-month energy use
of the products has exceeded 4.2 TWh,
(3) Substantial improvement in energy
efficiency is technologically feasible,
and
(4) Application of a labeling rule
under section 42 U.S.C. 6294 is unlikely
to be sufficient to induce manufacturers
to produce, and consumers and other
persons to purchase, covered products
of such type (or class) that achieve the
maximum energy efficiency that is
technologically feasible and
economically justified. (42 U.S.C.
6295(l)(1)).
If DOE issues a final determination
that condensing units and outdoor units
are covered products, DOE will consider
test procedures and energy efficiency
standards for these products. DOE will
determine if standards for condensing
units and outdoor units satisfy the
provisions of 42 U.S.C. 6295(l)(1) during
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
2 Specifically, the purposes of chapter 77 of title
42 of the United States Code, as set forth later in
this proposed coverage determination.
VerDate Mar<15>2010
13:59 Jan 10, 2012
Jkt 226001
the course of any energy conservation
standards rulemaking.
II. Current Rulemaking Process
DOE has not previously conducted an
energy conservation standard
rulemaking specifically for condensing
units and outdoor units. DOE has,
however, previously conducted two
energy conservation standard
rulemakings for Residential Central Air
Conditioners and Heat Pumps of which
the Condensing Units and Outdoor
Units, respectively, are a component. If
after public comment, DOE issues a
final determination of coverage for
condensing units and outdoor units,
DOE will consider both a test procedure
and an energy conservation standard for
this product.
With respect to test procedures, DOE
will consider a proposed test procedure
for measuring the energy efficiency,
energy use or estimated annual
operating cost of condensing units and
outdoor units during a representative
average use cycle or period of use that
is not unduly burdensome to conduct.
(42 U.S.C. 6293(b)(3)). In a test
procedure rulemaking, DOE initially
prepares a notice of proposed
rulemaking (NOPR) and allows
interested parties to present oral and
written data, views, and arguments with
respect to such procedures. In
prescribing new test procedures, DOE
takes into account relevant information
including technological developments
relating to energy use or energy
efficiency of condensing units and
outdoor units.
With respect to energy conservation
standards, DOE typically prepares
initially an Energy Conservation
Standards Rulemaking Framework
Document (the framework document).
The framework document explains the
issues, analyses, and process that it is
considering for the development of
energy conservation standards for
condensing units and outdoor units.
After DOE receives comments on the
framework document, DOE typically
prepares an Energy Conservation
Standards Rulemaking Preliminary
Analysis and Technical Support
Document (the preliminary analysis).
The preliminary analysis typically
provides initial draft analyses of
potential energy conservation standards
on consumers, manufacturers, and the
nation. Neither of these steps is legally
required.
DOE is required to publish a notice of
proposed rulemaking (NOPR). The
NOPR provides DOE’s proposal for
potential energy conservations
standards and a summary of the results
of DOE’s supporting technical analysis.
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
The details of DOE’s energy
conservation standards analysis are
provided in a technical support
document (TSD) that describes the
details of DOE’s analysis of both the
burdens and benefits of potential
standards, pursuant to 42 U.S.C.
6295(o). Because condensing units and
outdoor units would be a product that
is newly covered under 42 U.S.C.
6292(b)(1), DOE would also consider as
part of any energy conservation
standard NOPR whether condensing
units and outdoor units satisfy the
requirements of 42 U.S.C. 6295(l)(1).
After the publication of the NOPR, DOE
affords interested persons an
opportunity during a period of not less
than 60 days to provide oral and written
comment. After receiving and
considering the comments on the NOPR
and not less than 90 days after the
publication of the NOPR, DOE would
issue the final rule prescribing any new
energy conservation standards for
condensing units and outdoor units.
III. Proposed Definition(s)
Section 430.2 in the Code of Federal
Regulations defines a ‘‘Condensing
Unit’’ as a component of a central air
conditioner which is designed to
remove the heat absorbed by the
refrigerant and to transfer it to the
outside environment, and which
consists of an outdoor coil,
compressor(s), and air moving device.
DOE proposes to revise the above
definition for ‘‘Condensing Unit’’ by
adding the term ‘‘split-system’’ as a
component of a split-system central air
conditioner which is designed to
remove the heat absorbed by the
refrigerant and to transfer it to the
outside environment, and which
consists of an outdoor coil,
compressor(s), and air moving device.
Section 430.2 in the Code of Federal
Regulations also defines an ‘‘Outdoor
Unit’’ as a component of a split-system
central air conditioner or heat pump
that is designed to transfer heat between
the refrigerant and the outdoor air, and
which consists of an outdoor coil,
compressor(s), an air moving device,
and in addition for heat pumps, a
heating mode expansion device,
reversing valve, and defrost controls.
DOE does not propose to revise the
above definition for ‘‘Outdoor Unit.’’
DOE seeks feedback from interested
parties on its definitions of condensing
units and outdoor units.
E:\FR\FM\11JAP1.SGM
11JAP1
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules
IV. Evaluation of Condensing Units and
Outdoor Units as a Covered Product
Subject to Energy Conservation
Standards
The following sections describe DOE’s
evaluation of whether condensing units
and outdoor units fulfill the criteria for
being added as a covered product
pursuant to 42 U.S.C. 6292(b)(1). As
stated previously, DOE may classify a
consumer product as a covered product
if (1) classifying products of such type
as covered products is necessary and
appropriate to carry out the purposes of
EPCA; and (2) the average annual perhousehold energy use by products of
such type is likely to exceed 100
kilowatt-hours (or its Btu equivalent)
per year.
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
A. Coverage Appropriate To Carry Out
Purposes of EPCA
Coverage of set condensing units and
outdoor units is necessary or
appropriate to carry out the purposes of
EPCA, which include: (1) To conserve
energy supplies through energy
conservation programs, and, where
necessary, the regulation of certain
energy uses; and (2) to provide for
improved energy efficiency of motor
vehicles, major appliances, and certain
other consumer products. (42 U.S.C.
6201). The household national energy
use of Residential Central Air
Conditioner Split-Systems and
Residential Heat Pump Split-Systems
for the year 2011 is estimated to be
133.1 billion kilowatt-hours and 58.6
billion kilowatt-hours, respectively.3
Condensing Units, which are a
component of Residential Central Air
Conditioner Split-Systems, represent
approximately 87 percent of total
system energy use. Outdoor Units,
which are a component of Residential
Heat Pump Split-Systems, also represent
87 percent of total system energy use.4
Therefore, the national energy use of
condensing units and outdoor units for
the year 2011 is estimated to be 115.8
billion kilowatt-hours and 51.0 billion
kilowatt-hours, respectively. Because
3 See National Impacts Analysis (NIA)
spreadsheet for Furnaces, Central Air Conditioners,
and Heat Pumps developed for DOE’s June 27, 2011
Direct Final Rule for Energy Conservation
Standards for Residential Furnaces and Residential
Central Air Conditioners and Heat Pumps. (76 FR
37408). The NIA spreadsheet is available at:
https://www1.eere.energy.gov/buildings/appliance_
standards/residential/residential_furnaces_ac_hp_
direct_final_rule_tools.html.
4 U.S. Department of Energy. ‘‘Technical Support
Document: Energy Efficiency Program for Consumer
Products: Residential Central Air Conditioners,
Heat Pumps, and Furnaces.’’ June 2011. Chapter 7.
Available at: https://www1.eere.energy.gov/
buildings/appliance_standards/residential/
residential_furnaces_central_ac_hp_direct_final_
rule_tsd.html.
VerDate Mar<15>2010
13:59 Jan 10, 2012
Jkt 226001
there is significant variation in the
annual energy consumption of different
models currently available, technologies
exist to reduce the energy consumption
of condensing units and outdoor units.
B. Average Household Energy Use
DOE calculated average household
energy use for condensing units and
outdoor units, in households that used
the product, based on data from DOE’s
June 2011 Technical Support Document
(TSD) for Residential Central Air
Conditioners, Heat Pumps, and
Furnaces.3 The TSD provides annual
energy use for Residential Central Air
Conditioner Split-Systems and
Residential Heat Pump Split-Systems,
and the total number of systems in
operation in the U.S. The average U.S.
per-household annual energy use for the
stock of Residential Central Air
Conditioner Split-Systems and
Residential Heat Pump Split-Systems is
2851 kilowatt-hours and 4264 kilowatthours, respectively. As noted above,
condensing units and outdoor units
comprise approximately 87 percent of
total system energy use. As a result, the
estimated average U.S. per-household
annual energy use for the stock of
condensing units and outdoor units is
2480 kilowatt-hours and 3710 kilowatthours, respectively. Therefore, the
average annual per household energy
use for condensing units and outdoor
units is likely to exceed 100 kWh.
V. Procedural Issues and Regulatory
Review
DOE has reviewed its proposed
determination of condensing units and
outdoor units under the following
executive orders and acts.
A. Review Under Executive Order 12866
The Office of Management and Budget
has determined that coverage
determination rulemakings do not
constitute ‘‘significant regulatory
actions’’ under section 3(f) of Executive
Order 12866, Regulatory Planning and
Review, 58 FR 51735 (Oct. 4, 1993).
Accordingly, this proposed action was
not subject to review under the
Executive Order by the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget (OMB).
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996) requires
preparation of an initial regulatory
flexibility analysis for any rule that, by
law, must be proposed for public
PO 00000
Frm 00010
Fmt 4702
Sfmt 4702
1651
comment, unless the agency certifies
that the proposed rule, if promulgated,
will not have a significant economic
impact on a substantial number of small
entities. A regulatory flexibility analysis
examines the impact of the rule on
small entities and considers alternative
ways of reducing negative effects. Also,
as required by E.O. 13272, ‘‘Proper
Consideration of Small Entities in
Agency Rulemaking’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential impact
of its rules on small entities are properly
considered during the DOE rulemaking
process. 68 FR 7990 (February 19, 2003).
DOE makes its procedures and policies
available on the Office of the General
Counsel’s Web site at www.gc.doe.gov.
DOE reviewed today’s proposed
determination under the provisions of
the Regulatory Flexibility Act and the
policies and procedures published on
February 19, 2003. If adopted, today’s
proposed determination would set no
standards; they would only positively
determine that future standards may be
warranted and should be explored in an
energy conservation standards and test
procedure rulemaking. Economic
impacts on small entities would be
considered in the context of such
rulemakings. On the basis of the
foregoing, DOE certifies that the
proposed determination, if adopted,
would have no significant economic
impact on a substantial number of small
entities. Accordingly, DOE has not
prepared a regulatory flexibility analysis
for this proposed determination. DOE
will transmit this certification and
supporting statement of factual basis to
the Chief Counsel for Advocacy of the
Small Business Administration for
review under 5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
This proposed determination, which
proposes to determine that condensing
units and outdoor units meets the
criteria for a covered product for which
the Secretary may prescribe an energy
conservation standard pursuant to 42
U.S.C. 6295(o) and (p), will impose no
new information or record-keeping
requirements. Accordingly, the Office of
Management and Budget (OMB)
clearance is not required under the
Paperwork Reduction Act. (44 U.S.C.
3501 et seq.).
D. Review Under the National
Environmental Policy Act of 1969
In this notice, DOE proposes to
positively determine that future
standards may be warranted and that
environmental impacts should be
E:\FR\FM\11JAP1.SGM
11JAP1
1652
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
explored in an energy conservation
standards rulemaking. DOE has
determined that review under the
National Environmental Policy Act of
1969 (NEPA), Public Law 91–190,
codified at 42 U.S.C. 4321 et seq. is not
required at this time. NEPA review can
only be initiated ‘‘as soon as
environmental impacts can be
meaningfully evaluated’’ (10 CFR
1021.213(b)). This proposed
determination would only determine
that future standards may be warranted,
but would not itself propose to set any
specific standard. DOE has, therefore,
determined that there are no
environmental impacts to be evaluated
at this time. Accordingly, neither an
environmental assessment nor an
environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order (E.O.) 13132,
‘‘Federalism’’ 64 FR 43255 (August 10,
1999), imposes certain requirements on
agencies formulating and implementing
policies or regulations that preempt
State law or that have Federalism
implications. The Executive Order
requires agencies to examine the
constitutional and statutory authority
supporting any action that would limit
the policymaking discretion of the
States and to assess carefully the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in developing
regulatory policies that have Federalism
implications. On March 14, 2000, DOE
published a statement of policy
describing the intergovernmental
consultation process that it will follow
in developing such regulations. 65 FR
13735 (March 14, 2000). DOE has
examined today’s proposed
determination and concludes that it
would not preempt State law or have
substantial direct effects on the States,
on the relationship between the Federal
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the product that is the subject of today’s
proposed determination. States can
petition DOE for exemption from such
preemption to the extent permitted, and
based on criteria, set forth in EPCA. (42
U.S.C. 6297). No further action is
required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
VerDate Mar<15>2010
13:59 Jan 10, 2012
Jkt 226001
new regulations, section 3(a) of E.O.
12988, ‘‘Civil Justice Reform’’ 61 FR
4729 (February 7, 1996), imposes on
Federal agencies the duty to: (1)
Eliminate drafting errors and ambiguity;
(2) write regulations to minimize
litigation; (3) provide a clear legal
standard for affected conduct rather
than a general standard; and (4) promote
simplification and burden reduction.
Section 3(b) of E.O. 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation specifies the following: (1)
The preemptive effect, if any; (2) any
effect on existing Federal law or
regulation; (3) a clear legal standard for
affected conduct while promoting
simplification and burden reduction; (4)
the retroactive effect, if any; (5)
definitions of key terms; and (6) other
important issues affecting clarity and
general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of E.O. 12988
requires Executive agencies to review
regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether these standards are
met, or whether it is unreasonable to
meet one or more of them. DOE
completed the required review and
determined that, to the extent permitted
by law, this proposed determination
meets the relevant standards of E.O.
12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (Pub. L.
104–4, codified at 2 U.S.C. 1501 et seq.)
requires each Federal agency to assess
the effects of Federal regulatory actions
on State, local, and tribal governments
and the private sector. For regulatory
actions likely to result in a rule that may
cause expenditures by State, local, and
Tribal governments, in the aggregate, or
by the private sector of $100 million or
more in any 1 year (adjusted annually
for inflation), section 202 of UMRA
requires a Federal agency to publish a
written statement that estimates the
resulting costs, benefits, and other
effects on the national economy. (2
U.S.C. 1532(a) and (b)) UMRA requires
a Federal agency to develop an effective
process to permit timely input by
elected officers of State, local, and tribal
governments on a proposed ‘‘significant
intergovernmental mandate.’’ UMRA
also requires an agency plan for giving
notice and opportunity for timely input
to small governments that may be
potentially affected before establishing
any requirement that might significantly
or uniquely affect them. On March 18,
1997, DOE published a statement of
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820 (March 18, 1997).
(This policy also is available at
www.gc.doe.gov). DOE reviewed today’s
proposed determination pursuant to
these existing authorities and its policy
statement and determined that the
proposed determination contains
neither an intergovernmental mandate
nor a mandate that may result in the
expenditure of $100 million or more in
any year, so the UMRA requirements do
not apply.
H. Review Under the Treasury and
General Government Appropriations
Act of 1999
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
proposed determination would not have
any impact on the autonomy or integrity
of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights’’ 53 FR 8859 (March 15, 1988),
DOE determined that this proposed
determination would not result in any
takings that might require compensation
under the Fifth Amendment to the U.S.
Constitution.
J. Review Under the Treasury and
General Government Appropriations
Act of 2001
The Treasury and General
Government Appropriation Act of 2001
(44 U.S.C. 3516, note) requires agencies
to review most disseminations of
information they make to the public
under guidelines established by each
agency pursuant to general guidelines
issued by the Office of Management and
Budget (OMB). The OMB’s guidelines
were published at 67 FR 8452 (February
22, 2002), and DOE’s guidelines were
published at 67 FR 62446 (October 7,
2002). DOE has reviewed today’s
proposed determination under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use,’’ 66
FR 28355 (May 22, 2001), requires
Federal agencies to prepare and submit
E:\FR\FM\11JAP1.SGM
11JAP1
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
to OMB a Statement of Energy Effects
for any proposed significant energy
action. A ‘‘significant energy action’’ is
defined as any action by an agency that
promulgates a final rule or is expected
to lead to promulgation of a final rule,
and that: (1) Is a significant regulatory
action under E.O. 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy; or
(3) is designated by the Administrator of
the Office of Information and Regulatory
Affairs (OIRA) as a significant energy
action. For any proposed significant
energy action, the agency must give a
detailed statement of any adverse effects
on energy supply, distribution, or use if
the proposal is implemented, and of
reasonable alternatives to the proposed
action and their expected benefits on
energy supply, distribution, and use.
DOE has concluded that today’s
regulatory action proposing to
determine that condensing units and
outdoor units meets the criteria for a
covered product for which the Secretary
may prescribe an energy conservation
standard pursuant to 42 U.S.C. 6295(o)
and (p) would not have a significant
adverse effect on the supply,
distribution, or use of energy. This
action is also not a significant regulatory
action for purposes of E.O. 12866, and
the OIRA Administrator has not
designated this proposed determination
as a significant energy action under E.O.
12866 or any successor order. Therefore,
this proposed determination is not a
significant energy action. Accordingly,
DOE has not prepared a Statement of
Energy Effects for this proposed
determination.
L. Review Under the Information
Quality Bulletin for Peer Review
On December 16, 2004, OMB, in
consultation with the Office of Science
and Technology Policy (OSTP), issued
its Final Information Quality Bulletin
for Peer Review (the Bulletin). 70 FR
2664 (January 14, 2005). The Bulletin
establishes that certain scientific
information shall be peer reviewed by
qualified specialists before it is
disseminated by the Federal
government, including influential
scientific information related to agency
regulatory actions. The purpose of the
Bulletin is to enhance the quality and
credibility of the Government’s
scientific information. Under the
Bulletin, the energy conservation
standards rulemaking analyses are
‘‘influential scientific information,’’
which the Bulletin defines as ‘‘scientific
information the agency reasonably can
determine will have or does have a clear
and substantial impact on important
VerDate Mar<15>2010
13:59 Jan 10, 2012
Jkt 226001
public policies or private sector
decisions.’’ 70 FR 2667 (January 14,
2005).
In response to OMB’s Bulletin, DOE
conducted formal in-progress peer
reviews of the energy conservation
standards development process and
analyses and has prepared a Peer
Review Report pertaining to the energy
conservation standards rulemaking
analyses. Generation of this report
involved a rigorous, formal, and
documented evaluation using objective
criteria and qualified and independent
reviewers to make a judgment as to the
technical/scientific/business merit, the
actual or anticipated results, and the
productivity and management
effectiveness of programs and/or
projects. The ‘‘Energy Conservation
Standards Rulemaking Peer Review
Report’’ dated February 2007 has been
disseminated and is available at the
following Web site: https://
www1.eere.energy.gov/buildings/
appliance_standards/peer_review.html.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding this notice of
proposed determination no later than
the date provided at the beginning of
this notice. After the close of the
comment period, DOE will review the
comments received and determine
whether condensing units and outdoor
units is a covered product under EPCA.
Comments, data, and information
submitted to DOE’s email address for
this proposed determination should be
provided in WordPerfect, Microsoft
Word, PDF, or text (ASCII) file format.
Submissions should avoid the use of
special characters or any form of
encryption, and wherever possible
comments should include the electronic
signature of the author. No
telefacsimiles (faxes) will be accepted.
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 two copies: one copy of
the document should have all the
information believed to be confidential
deleted. DOE will make its own
determination as to 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 or available from
PO 00000
Frm 00012
Fmt 4702
Sfmt 4702
1653
public sources; (4) whether the
information has previously been made
available to others without obligations
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting persons which would
result from public disclosure; (6) a date
after which such information might no
longer be considered confidential; and
(7) why disclosure of the information
would be contrary to the public interest.
B. Issues on Which DOE Seeks
Comments
DOE welcomes comments on all
aspects of this proposed determination.
DOE is particularly interested in
receiving comments from interested
parties on the following issues related to
the proposed determination for
condensing units and outdoor units:
• Definition(s) of condensing units
and outdoor units;
• Whether classifying condensing
units and outdoor units as a covered
product is necessary or appropriate to
carry out the purposes of EPCA:
• Calculations and values for
household and national energy
consumption; and
• Availability of technologies for
improving energy efficiency of
condensing units and outdoor units.
The Department is interested in
receiving views concerning other
relevant issues that participants believe
would affect DOE’s ability to establish
test procedures and energy conservation
standards for condensing units and
outdoor units. The Department invites
all interested parties to submit in
writing by February 10, 2012, comments
and information on matters addressed in
this notice and on other matters relevant
to consideration of a determination for
condensing units and outdoor units.
After the expiration of the period for
submitting written statements, the
Department will consider all comments
and additional information that is
obtained from interested parties or
through further analyses, and it will
prepare a final determination. If DOE
determines that condensing units and
outdoor units qualifies as a covered
product, DOE will consider a test
procedure and energy conservation
standards for condensing units and
outdoor units. Members of the public
will be given an opportunity to submit
written and oral comments on any
proposed test procedure and standards.
List of Subjects in 10 CFR part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Reporting and recordkeeping
requirements.
E:\FR\FM\11JAP1.SGM
11JAP1
1654
Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules
Issued in Washington, DC, on December
23, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2012–328 Filed 1–10–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2011–1453; Directorate
Identifier 2009–SW–46–AD]
RIN 2120–AA64
Airworthiness Directives; Agusta
S.p.A. Helicopters
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to adopt a new
airworthiness directive (AD) for all
Agusta S.p.A. (Agusta) Model A109,
A109A, A109A II, A109C, A109K2,
A109E, A109S, and A119 helicopters.
This proposed AD is prompted by a
mandatory continuing airworthiness
information (MCAI) AD issued by the
European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community. The MCAI AD states that a
Model A109E helicopter has
experienced a failure of the tail rotor
pitch control link assembly caused by a
production defect. The proposed actions
are intended to prevent failure of a tail
rotor pitch control link and subsequent
loss of control of the helicopter.
DATES: We must receive comments on
this proposed AD by March 12, 2012.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Docket: Go to
https://www.regulations.gov. Follow the
online instructions for sending your
comments electronically.
• Fax: (202) 493–2251.
• Mail: Send comments to the U.S.
Department of Transportation, Docket
Operations, M–30, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue SE., Washington,
DC 20590–0001.
• Hand Delivery: Deliver to the
‘‘Mail’’ address between 9 a.m. and
5 p.m., Monday through Friday, except
Federal holidays.
Examining the AD Docket: You may
examine the AD docket on the Internet
at https://www.regulations.gov or in
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
SUMMARY:
VerDate Mar<15>2010
13:59 Jan 10, 2012
Jkt 226001
person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this proposed
AD, the economic evaluation, any
comments received, and other
information. The street address for the
Docket Operations Office (telephone
(800) 647–5527) is in the ADDRESSES
section. Comments will be available in
the AD docket shortly after receipt.
For service information identified in
this proposed AD, contact Agusta
Westland, Customer Support & Services,
Via Per Tornavento 15, 21019 Somma
Lombardo (VA) Italy, ATTN: Giovanni
Cecchelli; telephone 39 (0331) 711133;
fax 39 (0331) 711180; or at https://www.
agustawestland.com/technicalbullettins. You may review copies of the
referenced service information at the
FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham
Blvd., Room 663, Fort Worth, Texas
76137.
Gary
Roach, Aerospace Engineer, Rotorcraft
Directorate, Regulations and Policy
Group, FAA, 2601 Meacham Blvd., Fort
Worth, Texas 76137; telephone (817)
222–5110; email gary.b.roach@faa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to participate in this
rulemaking by submitting written
comments, data, or views. We also
invite comments relating to the
economic, environmental, energy, or
federalism impacts that might result
from adopting the proposals in this
document. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should send only one copy
of written comments, or if comments are
filed electronically, commenters should
submit only one time.
We will file in the docket all
comments that we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
Before acting on this proposal, we will
consider all comments we receive on or
before the closing date for comments.
We will consider comments filed after
the comment period has closed if it is
possible to do so without incurring
expense or delay. We may change this
proposal in light of the comments we
receive.
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
Discussion
The EASA, which is the Technical
Agent for the Member States of the
European Union, has issued EASA AD
2006–0228–E, dated July 27, 2006, to
correct an unsafe condition for Agusta
Model A109A, A109A II, A109C,
A109K2, A109E, A109S, A109LUH and
A119 helicopters. The MCAI AD states
that an Agusta Model A109E helicopter
has experienced a failure of the tail rotor
pitch control link assembly, part
number 109–0130–05–117, with 10
flight hours. This proposed AD would
require actions that are intended to
prevent failure of a tail rotor pitch
control link and subsequent loss of
control of the helicopter. You may
obtain further information by examining
the MCAI AD and any related service
information in the AD Docket.
FAA’s Determination
These products have been approved
by the aviation authority of Italy and are
approved for operation in the United
States. Pursuant to our bilateral
agreement with this State of Design
Authority, the EASA, their technology
agents have notified us of the unsafe
condition described in the MCAI AD
and service information. We are
proposing this AD because we evaluated
all information provided by the EASA
and determined the unsafe condition
exists and is likely to exist or develop
on other products of these same type
designs.
Related Service Information
Agusta has issued Alert Bollettino
Tecnico (ABT) No. 109S–5, dated July
26, 2006, for Model A109S helicopters;
ABT No. 109EP–70, dated July 27, 2006,
for Model A109E helicopters; ABT No.
109K–47, dated July 27, 2006, for Model
A109K2 helicopters; ABT No. 109–122,
dated July 27, 2006, for Model A109A,
A109A II, and A109C helicopters; and
ABT No. 119–15, dated July 27, 2006,
for Model A119 helicopters. These
ABTs specify performing a one-time
inspection of the subject link assembly
for excessive friction of the spherical
bearing of the bearing ball and for a
crack. The EASA classified these ABTs
as mandatory and issued EASA AD
2006–0228–E, to ensure the continued
airworthiness of these helicopters.
Proposed AD Requirements
This proposed AD would require
compliance with specified portions of
the manufacturer’s service bulletin
including:
• Before further flight, inspect the
affected link assembly for freedom of
movement of the links while it is
installed on the helicopter. If a rotation
E:\FR\FM\11JAP1.SGM
11JAP1
]]>Agencies
[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Proposed Rules]
[Pages 1649-1654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-328]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-DET-0079]
RIN 1904-AC69
Energy Conservation Program for Consumer Products and Certain
Commercial and Industrial Equipment: Proposed Determination of
Residential Central Air Conditioner Split-System Condensing Units and
Residential Heat Pump Split-System Outdoor Units as a Covered Consumer
Product
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed determination.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) proposes to determine that
Residential Central Air Conditioner Split-System Condensing Units
(hereafter referred to as ``Condensing Units'') and Residential Heat
Pump Split-System Outdoor Units (hereafter referred to as ``Outdoor
Units) qualify as a covered product under Part A of Title III of the
Energy Policy and Conservation Act (EPCA), as amended. DOE has
determined that Condensing Units and Outdoor Units meet the criteria
for covered products because: (1) Classifying products of such type as
covered products is necessary or appropriate to carry out the purposes
of EPCA, and (2) the average U.S. household energy use for Condensing
Units and Outdoor Units are likely to exceed 100 kilowatt-hours (kWh)
per year.
DATES: DOE will accept written comments, data, and information on this
notice, but no later than February 10, 2012.
ADDRESSES: Interested persons may submit comments, identified by docket
number EERE-2011-BT-DET-0079, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov Follow the
instructions for submitting comments.
Email: Brenda.Edwards@ee.doe.gov. Include EERE-2011-BT-
DET-0079 and/or RIN 1904-AC69 in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, EERE-2011-BT-DET-0079
and/or RIN 1904-AC69, 1000 Independence Avenue SW., Washington, DC
20585-0121. Phone: (202) 586-2945. Please submit one signed paper
original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza
SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit one
signed paper original.
Instructions: All submissions received must include the agency name
and docket number or RIN for 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, 6th 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
at (202) 586-2945 for additional information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, 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) 586-17335. Email:
Ashley.Armstrong@ee.doe.gov.
In the Office of General Counsel, contact Ms. Elizabeth Kohl, U.S.
Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue SW., Washington, DC 20585. Telephone: (202) 586-
7796. Email: Elizabeth.Kohl@hq.doe.gov.
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Proposed Definition(s)
IV. Evaluation of Condensing Units and Outdoor Units as a Covered
Product Subject to Energy Conservation Standards
A. Coverage Appropriate to Carry Out Purposes of EPCA
B. Average Household Energy Use
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
[[Page 1650]]
I. Statutory Authority
Title III of the Energy Policy and Conservation Act (EPCA), as
amended (42 U.S.C. 6291 et seq.), sets forth various provisions
designed to improve energy efficiency. Part A of Title III of EPCA (42
U.S.C. 6291-6309) established the ``Energy Conservation Program for
Consumer Products Other Than Automobiles,'' which covers consumer
products and certain commercial products (hereafter referred to as
``covered products'').\1\ In addition to specifying a list of covered
residential and commercial products, EPCA contains provisions that
enable the Secretary of Energy to classify additional types of consumer
products as covered products. For a given product to be classified as a
covered product, the Secretary must determine that:
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
---------------------------------------------------------------------------
(1) Classifying the product as a covered product is necessary or
appropriate to carry out the purposes of EPCA; \2\ and
---------------------------------------------------------------------------
\2\ Specifically, the purposes of chapter 77 of title 42 of the
United States Code, as set forth later in this proposed coverage
determination.
---------------------------------------------------------------------------
(2) The average annual per-household energy use by products of such
type is likely to exceed 100 kWh per year. (42 U.S.C. 6292(b)(1)).
For the Secretary to prescribe an energy conservation standard
pursuant to 42 U.S.C. 6295(o) and (p) for covered products added
pursuant to 42 U.S.C. 6292(b)(1), he must also determine that:
(1) The average household energy use of the products has exceeded
150 kilowatt-hours per household for a 12-month period,
(2) The aggregate 12-month energy use of the products has exceeded
4.2 TWh,
(3) Substantial improvement in energy efficiency is technologically
feasible, and
(4) Application of a labeling rule under section 42 U.S.C. 6294 is
unlikely to be sufficient to induce manufacturers to produce, and
consumers and other persons to purchase, covered products of such type
(or class) that achieve the maximum energy efficiency that is
technologically feasible and economically justified. (42 U.S.C.
6295(l)(1)).
If DOE issues a final determination that condensing units and
outdoor units are covered products, DOE will consider test procedures
and energy efficiency standards for these products. DOE will determine
if standards for condensing units and outdoor units satisfy the
provisions of 42 U.S.C. 6295(l)(1) during the course of any energy
conservation standards rulemaking.
II. Current Rulemaking Process
DOE has not previously conducted an energy conservation standard
rulemaking specifically for condensing units and outdoor units. DOE
has, however, previously conducted two energy conservation standard
rulemakings for Residential Central Air Conditioners and Heat Pumps of
which the Condensing Units and Outdoor Units, respectively, are a
component. If after public comment, DOE issues a final determination of
coverage for condensing units and outdoor units, DOE will consider both
a test procedure and an energy conservation standard for this product.
With respect to test procedures, DOE will consider a proposed test
procedure for measuring the energy efficiency, energy use or estimated
annual operating cost of condensing units and outdoor units during a
representative average use cycle or period of use that is not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)). In a test procedure
rulemaking, DOE initially prepares a notice of proposed rulemaking
(NOPR) and allows interested parties to present oral and written data,
views, and arguments with respect to such procedures. In prescribing
new test procedures, DOE takes into account relevant information
including technological developments relating to energy use or energy
efficiency of condensing units and outdoor units.
With respect to energy conservation standards, DOE typically
prepares initially an Energy Conservation Standards Rulemaking
Framework Document (the framework document). The framework document
explains the issues, analyses, and process that it is considering for
the development of energy conservation standards for condensing units
and outdoor units. After DOE receives comments on the framework
document, DOE typically prepares an Energy Conservation Standards
Rulemaking Preliminary Analysis and Technical Support Document (the
preliminary analysis). The preliminary analysis typically provides
initial draft analyses of potential energy conservation standards on
consumers, manufacturers, and the nation. Neither of these steps is
legally required.
DOE is required to publish a notice of proposed rulemaking (NOPR).
The NOPR provides DOE's proposal for potential energy conservations
standards and a summary of the results of DOE's supporting technical
analysis. The details of DOE's energy conservation standards analysis
are provided in a technical support document (TSD) that describes the
details of DOE's analysis of both the burdens and benefits of potential
standards, pursuant to 42 U.S.C. 6295(o). Because condensing units and
outdoor units would be a product that is newly covered under 42 U.S.C.
6292(b)(1), DOE would also consider as part of any energy conservation
standard NOPR whether condensing units and outdoor units satisfy the
requirements of 42 U.S.C. 6295(l)(1). After the publication of the
NOPR, DOE affords interested persons an opportunity during a period of
not less than 60 days to provide oral and written comment. After
receiving and considering the comments on the NOPR and not less than 90
days after the publication of the NOPR, DOE would issue the final rule
prescribing any new energy conservation standards for condensing units
and outdoor units.
III. Proposed Definition(s)
Section 430.2 in the Code of Federal Regulations defines a
``Condensing Unit'' as a component of a central air conditioner which
is designed to remove the heat absorbed by the refrigerant and to
transfer it to the outside environment, and which consists of an
outdoor coil, compressor(s), and air moving device.
DOE proposes to revise the above definition for ``Condensing Unit''
by adding the term ``split-system'' as a component of a split-system
central air conditioner which is designed to remove the heat absorbed
by the refrigerant and to transfer it to the outside environment, and
which consists of an outdoor coil, compressor(s), and air moving
device.
Section 430.2 in the Code of Federal Regulations also defines an
``Outdoor Unit'' as a component of a split-system central air
conditioner or heat pump that is designed to transfer heat between the
refrigerant and the outdoor air, and which consists of an outdoor coil,
compressor(s), an air moving device, and in addition for heat pumps, a
heating mode expansion device, reversing valve, and defrost controls.
DOE does not propose to revise the above definition for ``Outdoor
Unit.''
DOE seeks feedback from interested parties on its definitions of
condensing units and outdoor units.
[[Page 1651]]
IV. Evaluation of Condensing Units and Outdoor Units as a Covered
Product Subject to Energy Conservation Standards
The following sections describe DOE's evaluation of whether
condensing units and outdoor units fulfill the criteria for being added
as a covered product pursuant to 42 U.S.C. 6292(b)(1). As stated
previously, DOE may classify a consumer product as a covered product if
(1) classifying products of such type as covered products is necessary
and appropriate to carry out the purposes of EPCA; and (2) the average
annual per-household energy use by products of such type is likely to
exceed 100 kilowatt-hours (or its Btu equivalent) per year.
A. Coverage Appropriate To Carry Out Purposes of EPCA
Coverage of set condensing units and outdoor units is necessary or
appropriate to carry out the purposes of EPCA, which include: (1) To
conserve energy supplies through energy conservation programs, and,
where necessary, the regulation of certain energy uses; and (2) to
provide for improved energy efficiency of motor vehicles, major
appliances, and certain other consumer products. (42 U.S.C. 6201). The
household national energy use of Residential Central Air Conditioner
Split-Systems and Residential Heat Pump Split-Systems for the year 2011
is estimated to be 133.1 billion kilowatt-hours and 58.6 billion
kilowatt-hours, respectively.\3\ Condensing Units, which are a
component of Residential Central Air Conditioner Split-Systems,
represent approximately 87 percent of total system energy use. Outdoor
Units, which are a component of Residential Heat Pump Split-Systems,
also represent 87 percent of total system energy use.\4\ Therefore, the
national energy use of condensing units and outdoor units for the year
2011 is estimated to be 115.8 billion kilowatt-hours and 51.0 billion
kilowatt-hours, respectively. Because there is significant variation in
the annual energy consumption of different models currently available,
technologies exist to reduce the energy consumption of condensing units
and outdoor units.
---------------------------------------------------------------------------
\3\ See National Impacts Analysis (NIA) spreadsheet for
Furnaces, Central Air Conditioners, and Heat Pumps developed for
DOE's June 27, 2011 Direct Final Rule for Energy Conservation
Standards for Residential Furnaces and Residential Central Air
Conditioners and Heat Pumps. (76 FR 37408). The NIA spreadsheet is
available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/residential_furnaces_ac_hp_direct_final_rule_tools.html.
\4\ U.S. Department of Energy. ``Technical Support Document:
Energy Efficiency Program for Consumer Products: Residential Central
Air Conditioners, Heat Pumps, and Furnaces.'' June 2011. Chapter 7.
Available at: https://www1.eere.energy.gov/buildings/appliance_standards/residential/residential_furnaces_central_ac_hp_direct_final_rule_tsd.html.
---------------------------------------------------------------------------
B. Average Household Energy Use
DOE calculated average household energy use for condensing units
and outdoor units, in households that used the product, based on data
from DOE's June 2011 Technical Support Document (TSD) for Residential
Central Air Conditioners, Heat Pumps, and Furnaces.\3\ The TSD provides
annual energy use for Residential Central Air Conditioner Split-Systems
and Residential Heat Pump Split-Systems, and the total number of
systems in operation in the U.S. The average U.S. per-household annual
energy use for the stock of Residential Central Air Conditioner Split-
Systems and Residential Heat Pump Split-Systems is 2851 kilowatt-hours
and 4264 kilowatt-hours, respectively. As noted above, condensing units
and outdoor units comprise approximately 87 percent of total system
energy use. As a result, the estimated average U.S. per-household
annual energy use for the stock of condensing units and outdoor units
is 2480 kilowatt-hours and 3710 kilowatt-hours, respectively.
Therefore, the average annual per household energy use for condensing
units and outdoor units is likely to exceed 100 kWh.
V. Procedural Issues and Regulatory Review
DOE has reviewed its proposed determination of condensing units and
outdoor units under the following executive orders and acts.
A. Review Under Executive Order 12866
The Office of Management and Budget has determined that coverage
determination rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
proposed action was not subject to review under the Executive Order by
the Office of Information and Regulatory Affairs (OIRA) in the Office
of Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
requires preparation of an initial regulatory flexibility analysis for
any rule that, by law, must be proposed for public comment, unless the
agency certifies that the proposed rule, if promulgated, will not have
a significant economic impact on a substantial number of small
entities. A regulatory flexibility analysis examines the impact of the
rule on small entities and considers alternative ways of reducing
negative effects. Also, as required by E.O. 13272, ``Proper
Consideration of Small Entities in Agency Rulemaking'' 67 FR 53461
(August 16, 2002), DOE published procedures and policies on February
19, 2003 to ensure that the potential impact of its rules on small
entities are properly considered during the DOE rulemaking process. 68
FR 7990 (February 19, 2003). DOE makes its procedures and policies
available on the Office of the General Counsel's Web site at
www.gc.doe.gov.
DOE reviewed today's proposed determination under the provisions of
the Regulatory Flexibility Act and the policies and procedures
published on February 19, 2003. If adopted, today's proposed
determination would set no standards; they would only positively
determine that future standards may be warranted and should be explored
in an energy conservation standards and test procedure rulemaking.
Economic impacts on small entities would be considered in the context
of such rulemakings. On the basis of the foregoing, DOE certifies that
the proposed determination, if adopted, would have no significant
economic impact on a substantial number of small entities. Accordingly,
DOE has not prepared a regulatory flexibility analysis for this
proposed determination. DOE will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
This proposed determination, which proposes to determine that
condensing units and outdoor units meets the criteria for a covered
product for which the Secretary may prescribe an energy conservation
standard pursuant to 42 U.S.C. 6295(o) and (p), will impose no new
information or record-keeping requirements. Accordingly, the Office of
Management and Budget (OMB) clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
In this notice, DOE proposes to positively determine that future
standards may be warranted and that environmental impacts should be
[[Page 1652]]
explored in an energy conservation standards rulemaking. DOE has
determined that review under the National Environmental Policy Act of
1969 (NEPA), Public Law 91-190, codified at 42 U.S.C. 4321 et seq. is
not required at this time. NEPA review can only be initiated ``as soon
as environmental impacts can be meaningfully evaluated'' (10 CFR
1021.213(b)). This proposed determination would only determine that
future standards may be warranted, but would not itself propose to set
any specific standard. DOE has, therefore, determined that there are no
environmental impacts to be evaluated at this time. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
E. Review Under Executive Order 13132
Executive Order (E.O.) 13132, ``Federalism'' 64 FR 43255 (August
10, 1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to assess carefully the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in developing
regulatory policies that have Federalism implications. On March 14,
2000, DOE published a statement of policy describing the
intergovernmental consultation process that it will follow in
developing such regulations. 65 FR 13735 (March 14, 2000). DOE has
examined today's proposed determination and concludes that it would not
preempt State law or have substantial direct effects on the States, on
the relationship between the Federal government and the States, or on
the distribution of power and responsibilities among the various levels
of government. EPCA governs and prescribes Federal preemption of State
regulations as to energy conservation for the product that is the
subject of today's proposed determination. States can petition DOE for
exemption from such preemption to the extent permitted, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297). No further action is
required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform'' 61 FR 4729 (February 7, 1996), imposes on Federal
agencies the duty to: (1) Eliminate drafting errors and ambiguity; (2)
write regulations to minimize litigation; (3) provide a clear legal
standard for affected conduct rather than a general standard; and (4)
promote simplification and burden reduction. Section 3(b) of E.O. 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation specifies the following: (1) The
preemptive effect, if any; (2) any effect on existing Federal law or
regulation; (3) a clear legal standard for affected conduct while
promoting simplification and burden reduction; (4) the retroactive
effect, if any; (5) definitions of key terms; and (6) other important
issues affecting clarity and general draftsmanship under any guidelines
issued by the Attorney General. Section 3(c) of E.O. 12988 requires
Executive agencies to review regulations in light of applicable
standards in sections 3(a) and 3(b) to determine whether these
standards are met, or whether it is unreasonable to meet one or more of
them. DOE completed the required review and determined that, to the
extent permitted by law, this proposed determination meets the relevant
standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub.
L. 104-4, codified at 2 U.S.C. 1501 et seq.) requires each Federal
agency to assess the effects of Federal regulatory actions on State,
local, and tribal governments and the private sector. For regulatory
actions likely to result in a rule that may cause expenditures by
State, local, and Tribal governments, in the aggregate, or by the
private sector of $100 million or more in any 1 year (adjusted annually
for inflation), section 202 of UMRA requires a Federal agency to
publish a written statement that estimates the resulting costs,
benefits, and other effects on the national economy. (2 U.S.C. 1532(a)
and (b)) UMRA requires a Federal agency to develop an effective process
to permit timely input by elected officers of State, local, and tribal
governments on a proposed ``significant intergovernmental mandate.''
UMRA also requires an agency plan for giving notice and opportunity for
timely input to small governments that may be potentially affected
before establishing any requirement that might significantly or
uniquely affect them. On March 18, 1997, DOE published a statement of
policy on its process for intergovernmental consultation under UMRA. 62
FR 12820 (March 18, 1997). (This policy also is available at
www.gc.doe.gov). DOE reviewed today's proposed determination pursuant
to these existing authorities and its policy statement and determined
that the proposed determination contains neither an intergovernmental
mandate nor a mandate that may result in the expenditure of $100
million or more in any year, so the UMRA requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This proposed determination would not have any impact on
the autonomy or integrity of the family as an institution. Accordingly,
DOE has concluded that it is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (March 15,
1988), DOE determined that this proposed determination would not result
in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act
of 2001
The Treasury and General Government Appropriation Act of 2001 (44
U.S.C. 3516, note) requires agencies to review most disseminations of
information they make to the public under guidelines established by
each agency pursuant to general guidelines issued by the Office of
Management and Budget (OMB). The OMB's guidelines were published at 67
FR 8452 (February 22, 2002), and DOE's guidelines were published at 67
FR 62446 (October 7, 2002). DOE has reviewed today's proposed
determination under the OMB and DOE guidelines and has concluded that
it is consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit
[[Page 1653]]
to OMB a Statement of Energy Effects for any proposed significant
energy action. A ``significant energy action'' is defined as any action
by an agency that promulgates a final rule or is expected to lead to
promulgation of a final rule, and that: (1) Is a significant regulatory
action under E.O. 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of the Office of
Information and Regulatory Affairs (OIRA) as a significant energy
action. For any proposed significant energy action, the agency must
give a detailed statement of any adverse effects on energy supply,
distribution, or use if the proposal is implemented, and of reasonable
alternatives to the proposed action and their expected benefits on
energy supply, distribution, and use.
DOE has concluded that today's regulatory action proposing to
determine that condensing units and outdoor units meets the criteria
for a covered product for which the Secretary may prescribe an energy
conservation standard pursuant to 42 U.S.C. 6295(o) and (p) would not
have a significant adverse effect on the supply, distribution, or use
of energy. This action is also not a significant regulatory action for
purposes of E.O. 12866, and the OIRA Administrator has not designated
this proposed determination as a significant energy action under E.O.
12866 or any successor order. Therefore, this proposed determination is
not a significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects for this proposed determination.
L. Review Under the Information Quality Bulletin for Peer Review
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (OSTP), issued its Final Information
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (January
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``influential scientific
information,'' which the Bulletin defines as ``scientific information
the agency reasonably can determine will have or does have a clear and
substantial impact on important public policies or private sector
decisions.'' 70 FR 2667 (January 14, 2005).
In response to OMB's Bulletin, DOE conducted formal in-progress
peer reviews of the energy conservation standards development process
and analyses and has prepared a Peer Review Report pertaining to the
energy conservation standards rulemaking analyses. Generation of this
report involved a rigorous, formal, and documented evaluation using
objective criteria and qualified and independent reviewers to make a
judgment as to the technical/scientific/business merit, the actual or
anticipated results, and the productivity and management effectiveness
of programs and/or projects. The ``Energy Conservation Standards
Rulemaking Peer Review Report'' dated February 2007 has been
disseminated and is available at the following Web site: https://www1.eere.energy.gov/buildings/appliance_standards/peer_review.html.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notice of proposed determination no later than the date provided at the
beginning of this notice. After the close of the comment period, DOE
will review the comments received and determine whether condensing
units and outdoor units is a covered product under EPCA.
Comments, data, and information submitted to DOE's email address
for this proposed determination should be provided in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format. Submissions should
avoid the use of special characters or any form of encryption, and
wherever possible comments should include the electronic signature of
the author. No telefacsimiles (faxes) will be accepted.
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 two copies: one copy of the document should
have all the information believed to be confidential deleted. DOE will
make its own determination as to 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 or available from public sources; (4) whether the
information has previously been made available to others without
obligations concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting persons which would result from
public disclosure; (6) a date after which such information might no
longer be considered confidential; and (7) why disclosure of the
information would be contrary to the public interest.
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments
from interested parties on the following issues related to the proposed
determination for condensing units and outdoor units:
Definition(s) of condensing units and outdoor units;
Whether classifying condensing units and outdoor units as
a covered product is necessary or appropriate to carry out the purposes
of EPCA:
Calculations and values for household and national energy
consumption; and
Availability of technologies for improving energy
efficiency of condensing units and outdoor units.
The Department is interested in receiving views concerning other
relevant issues that participants believe would affect DOE's ability to
establish test procedures and energy conservation standards for
condensing units and outdoor units. The Department invites all
interested parties to submit in writing by February 10, 2012, comments
and information on matters addressed in this notice and on other
matters relevant to consideration of a determination for condensing
units and outdoor units.
After the expiration of the period for submitting written
statements, the Department will consider all comments and additional
information that is obtained from interested parties or through further
analyses, and it will prepare a final determination. If DOE determines
that condensing units and outdoor units qualifies as a covered product,
DOE will consider a test procedure and energy conservation standards
for condensing units and outdoor units. Members of the public will be
given an opportunity to submit written and oral comments on any
proposed test procedure and standards.
List of Subjects in 10 CFR part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
[[Page 1654]]
Issued in Washington, DC, on December 23, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-328 Filed 1-10-12; 8:45 am]
BILLING CODE 6450-01-P
