Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Proposed Determination of Commercial and Industrial Compressors as Covered Equipment, 76972-76976 [2012-31393]

Download as PDF 76972 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules including any personal information provided in the comments (except information deemed to be exempt from public disclosure). B. Issues on Which DOE Seeks Comment Although DOE welcomes comments on any aspect of this proposal, DOE is particularly interested in receiving comments and views of interested parties concerning the following issues: 1. DOE’s assessment of the identified special characteristics of R20 short lamps and any other features that should be considered special characteristics; 2. The proposal that R20 short lamps qualify for an exclusion from energy conservation standards because of insignificant energy savings attributable to their design for specialty applications; 3. Whether reduced wattage lamps can be used as reasonable substitutes in pool and spa applications in all jurisdictions provided that they meet the 0.5W of input power per square foot of water surface area, or equivalent level of illumination; 4. The identified specifications for underwater illumination (0.5W of input power per square foot of water surface area, or equivalent level of illumination) for building code compliance and whether this requirement is appropriate when qualifying a lamp as a reasonable substitute; and 5. DOE’s analysis of potential R20 short lamp substitutes and the conclusion that there are no reasonably substitutable lamps for this lamp type. VI. Approval of the Office of the Secretary PART 430—ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS 1. The authority citation for part 430 continues to read as follows: Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 2461 note. 2. In § 430.2, revise the definition for ‘‘Incandescent reflector lamp’’ and add the definition for ‘‘R20 short lamp,’’ in alphabetical order, to read as follows: § 430.2 Definitions. * * * * * Incandescent reflector lamp (commonly referred to as a reflector lamp) means any lamp in which light is produced by a filament heated to incandescence by an electric current, which: Contains an inner reflective coating on the outer bulb to direct the light; is not colored; is not designed for rough or vibration service applications; is not an R20 short lamp; has an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw base; has a rated voltage or voltage range that lies at least partially in the range of 115 and 130 volts; has a diameter that exceeds 2.25 inches; and has a rated wattage that is 40 watts or higher. * * * * * R20 short lamp means a lamp that is an R20 incandescent reflector lamp that has a rated wattage of 100 watts; has a maximum overall length of 3 and 5⁄8, or 3.625, inches; and is designed, labeled, and marketed specifically for pool and spa applications. * * * * * [FR Doc. 2012–31396 Filed 12–28–12; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY 10 CFR Part 431 List of Subjects in 10 CFR Part 430 RIN 1904–AC83 Administrative practice and procedure, Confidential Business Information, Energy conservation, Household appliances, Imports, Intergovernmental relations, Small businesses. srobinson on DSK4SPTVN1PROD with The Secretary of Energy has approved publication of today’s proposed rulemaking. Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Proposed Determination of Commercial and Industrial Compressors as Covered Equipment Issued in Washington, DC, on December 21, 2012. David T. Danielson, Assistant Secretary, Energy Efficiency and Renewable Energy. 20:33 Dec 28, 2012 Jkt 229001 Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Proposed determination of coverage. AGENCY: For the reasons set forth in the preamble, DOE proposes to amend part 430 of chapter II, subchapter D, of title 10 of the Code of Federal Regulations, as set forth below: VerDate Mar<15>2010 [Docket No. EERE–2012–BT–DET–0033] The U.S. Department of Energy (DOE) proposes to determine that commercial and industrial compressors meet the criteria for SUMMARY: PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 covered equipment under Part A–1 of Title III of the Energy Policy and Conservation Act (EPCA), as amended. DOE proposes that classifying equipment of such type as covered equipment is necessary to carry out the purpose of Part A–1 of EPCA, which is to improve the efficiency of electric motors and pumps and certain other industrial equipment to conserve the energy resources of the nation. DATES: DOE will accept written comments, data, and information on this notice, but no later than January 30, 2013. Interested persons may submit comments, identified by docket number EERE–2012–BT–DET–0033 or RIN 1904–AC83, by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov Follow the instructions for submitting comments. • Email: CompressorsDetermination 2012DET0033@ee.doe.gov. Include EERE–2012–BT–DET–0033 and/or RIN 1904–AC83 in the subject line of the message. • Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building Technologies Program, Mailstop EE–2J, Notice of Proposed Determination for Compressors, EERE–2012–BT–DET– 0033 and/or RIN 1904–AC83, 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, Suite 600, 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 rulemaking. Docket: The docket is available for review at www.regulations.gov, including Federal Register notices, comments, and other supporting documents/materials. All documents in the docket are listed in the http:// www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure. A link to the docket web page can be found at: www.regulations.gov docket no. EERE–2012–BT–DET–0033. This web page contains a link to the docket for this notice on the www.regulations.gov site. The regulations.gov web page contains instructions on how to access all ADDRESSES: E:\FR\FM\31DEP1.SGM 31DEP1 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules documents, including public comments, in the docket. See section VII for further information on how to submit comments through www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Mr. James Raba, 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) 586–8654. Email: Jim.Raba@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 srobinson on DSK4SPTVN1PROD with I. Statutory Authority II. Current Rulemaking Process III. Definition(s) IV. Evaluation of Compressors as a Covered Equipment A. Energy Consumption in Operation B. Distribution in Commerce C. Prior Inclusion as a Covered Product D. Coverage Necessary To Carry Out Purposes of Part A–1 of the Energy Policy and Conservation Act 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 the Department of Energy Seeks Comments I. Statutory Authority Title III of the Energy Policy and Conservation Act of 1975 (EPCA), as amended (42 U.S.C. 6291 et seq.), sets forth various provisions designed to improve energy efficiency. Part C of Title III of EPCA (42 U.S.C. 6311–6317), which was re-designated for editorial reasons as Part A–1 upon codification in the U.S. Code, establishes the ‘‘Energy Conservation Program for Certain Industrial Equipment,’’ which covers VerDate Mar<15>2010 20:33 Dec 28, 2012 Jkt 229001 certain commercial and industrial equipment (hereafter referred to as ‘‘covered equipment’’). EPCA specifies a list of equipment that constitutes covered commercial and industrial equipment. (42 U.S.C. 6311(1)(A)¥(L). The list identifies 11 types of equipment and sets forth a twelfth provision for any other type of industrial equipment which the Secretary of Energy (Secretary) classifies as covered equipment. EPCA also specifies the types of industrial equipment that can be classified as covered in addition to the equipment enumerated in 42 U.S.C. 6311(1). This equipment includes compressors. (42 U.S.C. 6311(2)(B)(i)). Industrial equipment must also, without regard to whether such equipment is in fact distributed in commerce for industrial or commercial use, be of a type that: (1) In operation consumes, or is designed to consume, energy in operation; (2) to any significant extent, is distributed in commerce for industrial or commercial use; and (3) is not a covered product as defined in 42 U.S.C. 6291(a)(2) of EPCA, other than a component of a covered product with respect to which there is in effect a determination under 42 U.S.C. 6312(c). (42 U.S.C. 6311 (2)(A)). To classify equipment as covered commercial or industrial equipment, the Secretary must determine that classifying the equipment as covered equipment is necessary for the purposes of Part A–1 of EPCA. The purpose of Part A–1 is to improve the efficiency of electric motors, pumps and certain other industrial equipment to conserve the energy resources of the nation. (42 U.S.C. 6312 (a), (b)) II. Current Rulemaking Process DOE has not previously conducted an energy conservation standard rulemaking for compressors. If after public comment, DOE issues a final determination of coverage for this equipment, DOE would consider both test procedures and energy conservation standards for this equipment. With respect to test procedures, DOE would consider proposed test procedures for measuring the energy efficiency, energy use, or estimated annual operating cost of compressors during a representative average use cycle or period of use that are not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) In a test procedure rulemaking, DOE initially prepares a test procedure notice of proposed rulemaking (NOPR) and allows interested parties to present oral and written data, views, and arguments with PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 76973 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 compressors. 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 compressors. 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 NOPR setting forth DOE’s proposed energy conservations standards and a summary of the results of DOE’s supporting technical analysis. The details of DOE’s 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). DOE affords interested persons an opportunity during a period of not less than 60 days after the publication of the NOPR to provide oral and written comment. (42 U.S.C. 6295(p)(2)) 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 compressors. (42 U.S.C. 6295(p)(3)) III. Definition(s) DOE is considering a definition for ‘‘Commercial and Industrial Compressors’’ to clarify coverage of any potential test procedure or energy conservation standard that may arise from today’s proposed determination. There is currently no statutory definition of compressors, and DOE is considering the following definition of compressors to provide clarity for interested parties as it continues its analyses: Compressor: A compressor is an electric-powered device that takes in air or gas at atmospheric pressure and delivers the air or gas at a higher E:\FR\FM\31DEP1.SGM 31DEP1 76974 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules pressure.1 Compressors typically have a specific ratio, the ratio of delivery pressure to supply pressure, greater than 1.20. Compressors are classified as positive-displacement, dynamic, or hybrid. A positive-displacement compressor increases the pressure of the intake air pressure through a compression container. A dynamic compressor increases pressure of the air it intakes by continuously imparting velocity energy into the air flow, which is then converted into pressure energy. A hybrid compressor is some combination of positive-displacement and dynamic compressors. A compressor may have some or all of the following components: piston, roller, rotor(s), impeller wheel, spiral disks, cylinder(s), lubricant, motor and transmission, controls, treatment equipment (after cooler and lubricant cooler), filter(s), and/or a lubricant/air separator. DOE seeks feedback from interested parties on this definition for compressors. IV. Evaluation of Compressors as a Covered Equipment The following sections describe DOE’s evaluation of whether compressors fulfill the criteria for being added as covered equipment pursuant to 42 U.S.C. 6311(2) and 42 U.S.C. 6312. Compressors are listed as a type of industrial equipment at 42 U.S.C. 6311(2)(B)(i). The following discussion addresses DOE’s consideration of the three requirements of 42 U.S.C. 6311(2)(A) and 42 U.S.C. 6312. A. Energy Consumption in Operation Data from the 2002 United States Industrial Electric Motor Systems Market Opportunities Assessment estimate total annual industrial compressor energy use (from Manufacturing SIC codes 20–39) at 91,050 million kWh per year.2 Since industrial activity in 2012 is greater than it was in 2002, it is likely that current annual compressor energy use is higher than this figure. B. Distribution in Commerce Compressors are distributed in commerce for both the industrial and commercial sectors. Based on the 2011 International Energy Agency (IEA) Survey, DOE estimated that 1.3 million srobinson on DSK4SPTVN1PROD with 1 Compressors are mostly driven by electric motors but may also be driven by diesel or natural gas, and steam or combustion engines. At present, DOE envisions including compressors driven only by electric motors as covered equipment. 2 U.S. DOE Office of Industrial Technologies. United States Industrial Electric Motor Systems Market Opportunities Assessment. December 2002. VerDate Mar<15>2010 20:33 Dec 28, 2012 Jkt 229001 motors are shipped annually to drive compressors in the U.S. commercial and industrial sectors.3 Based on additional 2004 U.S. Census data,4 DOE assumes that only a small fraction of these motors are used as a motor only replacement in compressor systems. Therefore, DOE estimates that there are nearly 1.3 million compressors distributed in commerce annually for industrial or commercial use. C. Prior Inclusion as a Covered Product Compressors are not currently included as covered products under Title 10 of the Code of Federal Regulations, part 430 (10 CFR part 430). D. Coverage Necessary To Carry Out Purposes of Part A–1 of the Energy Policy and Conservation Act The purpose of part A–1 of EPCA is to improve the energy efficiency of electric motors, pumps and certain other industrial equipment to conserve the energy resources of the nation. Coverage of compressors is necessary to carry out the purposes of part A–1 of EPCA because coverage will promote the conservation of energy supplies. Efficiency standards that may result from coverage would help to capture some portion of the potential for improving the efficiency of compressors. Based on the information in section IV of this notice, DOE proposes to determine that commercial and industrial compressors qualify as covered equipment under part A–1 of Title III of EPCA, as amended (42 U.S.C. 6311 et seq.). V. Procedural Issues and Regulatory Review DOE has reviewed its proposed determination of compressors 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). 3 International Energy Agency. Energy-Efficiency Policy Opportunities for Electric Motor-Driven Systems. Paris, 2011. 4 U.S. Census Bureau, MA335H(03)–1, issued Nov 2004. PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 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 http://energy.gov/ gc/office-general-counsel. 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 and would only positively determine that future standards may be warranted and should be explored in an energy conservation standards rulemaking. The proposed determination also does not establish any test procedures. If a positive determination is made, DOE would consider test procedures in a subsequent 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 compressors meet the criteria for classification as covered equipment, will impose no new information or recordkeeping E:\FR\FM\31DEP1.SGM 31DEP1 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 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.) srobinson on DSK4SPTVN1PROD with D. Review Under the National Environmental Policy Act of 1969 In this notice, DOE proposes to positively determine that compressors meet the criteria for classification as covered equipment. Environmental impacts would be explored in any future energy conservation standards rulemaking for compressors. 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 compressors meet the criteria for classification as covered equipment, 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 VerDate Mar<15>2010 20:33 Dec 28, 2012 Jkt 229001 levels of government. EPCA governs and prescribes Federal preemption of State regulations as to energy conservation for the equipment 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 PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 76975 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 http:// energy.gov/gc/office-general-counsel). 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 Appropriations 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 E:\FR\FM\31DEP1.SGM 31DEP1 76976 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 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. srobinson on DSK4SPTVN1PROD with 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 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 compressors meet the criteria for classification as covered equipment 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 VerDate Mar<15>2010 20:33 Dec 28, 2012 Jkt 229001 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. DOE has determined that the analyses conducted for this rulemaking do not constitute ‘‘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). The analyses were subject to predissemination review prior to issuance of this rulemaking. DOE will determine the appropriate level of review that would be applicable to any future rulemaking to establish energy conservation standards for compressors. 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 compressors are covered equipment 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 Part 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 PO 00000 Frm 00025 Fmt 4702 Sfmt 9990 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 the Department of Energy 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 compressors: • Definition of compressors; • Whether classifying compressors as covered equipment is necessary to carry out the purposes of Part A–1 of EPCA; • Availability or lack of availability of technologies for improving the energy efficiency of compressors. DOE invites all interested parties to submit, in writing and by January 30, 2013, comments and information on matters addressed in this notice and on other matters relevant to a determination for compressors. DOE is also interested in receiving views concerning other issues relevant to establishing a test procedure and energy conservation standard for compressors. After the expiration of the period for submitting written statements, DOE 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 compressors qualify as covered equipment, DOE will consider a test procedure and energy conservation standards for compressors. 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 431 Administrative practice and procedure, Confidential business information, Energy conservation, Reporting and recordkeeping requirements. Issued in Washington, DC, on December 21, 2012. Kathleen B. Hogan, Deputy Assistant Secretary, Energy Efficiency and Renewable Energy. [FR Doc. 2012–31393 Filed 12–28–12; 8:45 am] BILLING CODE 6450–01–P E:\FR\FM\31DEP1.SGM 31DEP1

Agencies

[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Proposed Rules]
[Pages 76972-76976]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31393]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2012-BT-DET-0033]
RIN 1904-AC83


Energy Conservation Program for Consumer Products and Certain 
Commercial and Industrial Equipment: Proposed Determination of 
Commercial and Industrial Compressors as Covered Equipment

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

ACTION: Proposed determination of coverage.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) proposes to determine that 
commercial and industrial compressors meet the criteria for covered 
equipment under Part A-1 of Title III of the Energy Policy and 
Conservation Act (EPCA), as amended. DOE proposes that classifying 
equipment of such type as covered equipment is necessary to carry out 
the purpose of Part A-1 of EPCA, which is to improve the efficiency of 
electric motors and pumps and certain other industrial equipment to 
conserve the energy resources of the nation.

DATES: DOE will accept written comments, data, and information on this 
notice, but no later than January 30, 2013.

ADDRESSES: Interested persons may submit comments, identified by docket 
number EERE-2012-BT-DET-0033 or RIN 1904-AC83, by any of the following 
methods:
     Federal eRulemaking Portal: www.regulations.gov Follow the 
instructions for submitting comments.
     Email: CompressorsDetermination2012DET0033@ee.doe.gov. 
Include EERE-2012-BT-DET-0033 and/or RIN 1904-AC83 in the subject line 
of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Notice of Proposed 
Determination for Compressors, EERE-2012-BT-DET-0033 and/or RIN 1904-
AC83, 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, Suite 600, 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 rulemaking.
    Docket: The docket is available for review at www.regulations.gov, 
including Federal Register notices, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
http://www.regulations.gov index. However, not all documents listed in 
the index may be publicly available, such as information that is exempt 
from public disclosure.
    A link to the docket web page can be found at: www.regulations.gov 
docket no. EERE-2012-BT-DET-0033. This web page contains a link to the 
docket for this notice on the www.regulations.gov site. The 
regulations.gov web page contains instructions on how to access all

[[Page 76973]]

documents, including public comments, in the docket. See section VII 
for further information on how to submit comments through 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. James Raba, 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) 586-8654. Email: Jim.Raba@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. Definition(s)
IV. Evaluation of Compressors as a Covered Equipment
    A. Energy Consumption in Operation
    B. Distribution in Commerce
    C. Prior Inclusion as a Covered Product
    D. Coverage Necessary To Carry Out Purposes of Part A-1 of the 
Energy Policy and Conservation Act
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 the Department of Energy Seeks Comments

I. Statutory Authority

    Title III of the Energy Policy and Conservation Act of 1975 (EPCA), 
as amended (42 U.S.C. 6291 et seq.), sets forth various provisions 
designed to improve energy efficiency. Part C of Title III of EPCA (42 
U.S.C. 6311-6317), which was re-designated for editorial reasons as 
Part A-1 upon codification in the U.S. Code, establishes the ``Energy 
Conservation Program for Certain Industrial Equipment,'' which covers 
certain commercial and industrial equipment (hereafter referred to as 
``covered equipment'').
    EPCA specifies a list of equipment that constitutes covered 
commercial and industrial equipment. (42 U.S.C. 6311(1)(A)-(L). The 
list identifies 11 types of equipment and sets forth a twelfth 
provision for any other type of industrial equipment which the 
Secretary of Energy (Secretary) classifies as covered equipment. EPCA 
also specifies the types of industrial equipment that can be classified 
as covered in addition to the equipment enumerated in 42 U.S.C. 
6311(1). This equipment includes compressors. (42 U.S.C. 
6311(2)(B)(i)). Industrial equipment must also, without regard to 
whether such equipment is in fact distributed in commerce for 
industrial or commercial use, be of a type that:
    (1) In operation consumes, or is designed to consume, energy in 
operation;
    (2) to any significant extent, is distributed in commerce for 
industrial or commercial use; and
    (3) is not a covered product as defined in 42 U.S.C. 6291(a)(2) of 
EPCA, other than a component of a covered product with respect to which 
there is in effect a determination under 42 U.S.C. 6312(c). (42 U.S.C. 
6311 (2)(A)).
    To classify equipment as covered commercial or industrial 
equipment, the Secretary must determine that classifying the equipment 
as covered equipment is necessary for the purposes of Part A-1 of EPCA. 
The purpose of Part A-1 is to improve the efficiency of electric 
motors, pumps and certain other industrial equipment to conserve the 
energy resources of the nation. (42 U.S.C. 6312 (a), (b))

II. Current Rulemaking Process

    DOE has not previously conducted an energy conservation standard 
rulemaking for compressors. If after public comment, DOE issues a final 
determination of coverage for this equipment, DOE would consider both 
test procedures and energy conservation standards for this equipment.
    With respect to test procedures, DOE would consider proposed test 
procedures for measuring the energy efficiency, energy use, or 
estimated annual operating cost of compressors during a representative 
average use cycle or period of use that are not unduly burdensome to 
conduct. (42 U.S.C. 6314(a)(2)) In a test procedure rulemaking, DOE 
initially prepares a test procedure 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 compressors.
    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 compressors. 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 NOPR setting forth DOE's proposed 
energy conservations standards and a summary of the results of DOE's 
supporting technical analysis. The details of DOE's 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). DOE affords interested 
persons an opportunity during a period of not less than 60 days after 
the publication of the NOPR to provide oral and written comment. (42 
U.S.C. 6295(p)(2)) 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 compressors. (42 U.S.C. 6295(p)(3))

III. Definition(s)

    DOE is considering a definition for ``Commercial and Industrial 
Compressors'' to clarify coverage of any potential test procedure or 
energy conservation standard that may arise from today's proposed 
determination. There is currently no statutory definition of 
compressors, and DOE is considering the following definition of 
compressors to provide clarity for interested parties as it continues 
its analyses:
    Compressor: A compressor is an electric-powered device that takes 
in air or gas at atmospheric pressure and delivers the air or gas at a 
higher

[[Page 76974]]

pressure.\1\ Compressors typically have a specific ratio, the ratio of 
delivery pressure to supply pressure, greater than 1.20. Compressors 
are classified as positive-displacement, dynamic, or hybrid. A 
positive-displacement compressor increases the pressure of the intake 
air pressure through a compression container. A dynamic compressor 
increases pressure of the air it intakes by continuously imparting 
velocity energy into the air flow, which is then converted into 
pressure energy. A hybrid compressor is some combination of positive-
displacement and dynamic compressors.
---------------------------------------------------------------------------

    \1\ Compressors are mostly driven by electric motors but may 
also be driven by diesel or natural gas, and steam or combustion 
engines. At present, DOE envisions including compressors driven only 
by electric motors as covered equipment.
---------------------------------------------------------------------------

    A compressor may have some or all of the following components: 
piston, roller, rotor(s), impeller wheel, spiral disks, cylinder(s), 
lubricant, motor and transmission, controls, treatment equipment (after 
cooler and lubricant cooler), filter(s), and/or a lubricant/air 
separator.
    DOE seeks feedback from interested parties on this definition for 
compressors.

IV. Evaluation of Compressors as a Covered Equipment

    The following sections describe DOE's evaluation of whether 
compressors fulfill the criteria for being added as covered equipment 
pursuant to 42 U.S.C. 6311(2) and 42 U.S.C. 6312.
    Compressors are listed as a type of industrial equipment at 42 
U.S.C. 6311(2)(B)(i). The following discussion addresses DOE's 
consideration of the three requirements of 42 U.S.C. 6311(2)(A) and 42 
U.S.C. 6312.

A. Energy Consumption in Operation

    Data from the 2002 United States Industrial Electric Motor Systems 
Market Opportunities Assessment estimate total annual industrial 
compressor energy use (from Manufacturing SIC codes 20-39) at 91,050 
million kWh per year.\2\ Since industrial activity in 2012 is greater 
than it was in 2002, it is likely that current annual compressor energy 
use is higher than this figure.
---------------------------------------------------------------------------

    \2\ U.S. DOE Office of Industrial Technologies. United States 
Industrial Electric Motor Systems Market Opportunities Assessment. 
December 2002.
---------------------------------------------------------------------------

B. Distribution in Commerce

    Compressors are distributed in commerce for both the industrial and 
commercial sectors. Based on the 2011 International Energy Agency (IEA) 
Survey, DOE estimated that 1.3 million motors are shipped annually to 
drive compressors in the U.S. commercial and industrial sectors.\3\ 
Based on additional 2004 U.S. Census data,\4\ DOE assumes that only a 
small fraction of these motors are used as a motor only replacement in 
compressor systems. Therefore, DOE estimates that there are nearly 1.3 
million compressors distributed in commerce annually for industrial or 
commercial use.
---------------------------------------------------------------------------

    \3\ International Energy Agency. Energy-Efficiency Policy 
Opportunities for Electric Motor-Driven Systems. Paris, 2011.
    \4\ U.S. Census Bureau, MA335H(03)-1, issued Nov 2004.
---------------------------------------------------------------------------

C. Prior Inclusion as a Covered Product

    Compressors are not currently included as covered products under 
Title 10 of the Code of Federal Regulations, part 430 (10 CFR part 
430).

D. Coverage Necessary To Carry Out Purposes of Part A-1 of the Energy 
Policy and Conservation Act

    The purpose of part A-1 of EPCA is to improve the energy efficiency 
of electric motors, pumps and certain other industrial equipment to 
conserve the energy resources of the nation. Coverage of compressors is 
necessary to carry out the purposes of part A-1 of EPCA because 
coverage will promote the conservation of energy supplies. Efficiency 
standards that may result from coverage would help to capture some 
portion of the potential for improving the efficiency of compressors.
    Based on the information in section IV of this notice, DOE proposes 
to determine that commercial and industrial compressors qualify as 
covered equipment under part A-1 of Title III of EPCA, as amended (42 
U.S.C. 6311 et seq.).

V. Procedural Issues and Regulatory Review

    DOE has reviewed its proposed determination of compressors 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 http://energy.gov/gc/office-general-counsel.
    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 and would only positively 
determine that future standards may be warranted and should be explored 
in an energy conservation standards rulemaking. The proposed 
determination also does not establish any test procedures. If a 
positive determination is made, DOE would consider test procedures in a 
subsequent 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 
compressors meet the criteria for classification as covered equipment, 
will impose no new information or recordkeeping

[[Page 76975]]

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 
compressors meet the criteria for classification as covered equipment. 
Environmental impacts would be explored in any future energy 
conservation standards rulemaking for compressors. 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 
compressors meet the criteria for classification as covered equipment, 
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 equipment 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 http://energy.gov/gc/office-general-counsel). 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 Appropriations 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

[[Page 76976]]

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 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 compressors meet the criteria for classification as 
covered equipment 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. DOE has determined that the 
analyses conducted for this rulemaking do not constitute ``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). The analyses were 
subject to pre-dissemination review prior to issuance of this 
rulemaking.
    DOE will determine the appropriate level of review that would be 
applicable to any future rulemaking to establish energy conservation 
standards for compressors.

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 compressors are 
covered equipment 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 Part 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 the Department of Energy 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 compressors:
     Definition of compressors;
     Whether classifying compressors as covered equipment is 
necessary to carry out the purposes of Part A-1 of EPCA;
     Availability or lack of availability of technologies for 
improving the energy efficiency of compressors.
    DOE invites all interested parties to submit, in writing and by 
January 30, 2013, comments and information on matters addressed in this 
notice and on other matters relevant to a determination for 
compressors. DOE is also interested in receiving views concerning other 
issues relevant to establishing a test procedure and energy 
conservation standard for compressors.
    After the expiration of the period for submitting written 
statements, DOE 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 
compressors qualify as covered equipment, DOE will consider a test 
procedure and energy conservation standards for compressors. 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 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Reporting and recordkeeping 
requirements.

    Issued in Washington, DC, on December 21, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2012-31393 Filed 12-28-12; 8:45 am]
BILLING CODE 6450-01-P