Energy Conservation Program for Consumer Products and Certain Commercial and Industrial Equipment: Proposed Determination of Portable Air Conditioners as a Covered Consumer Product, 40403-40407 [2013-15977]
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40403
Proposed Rules
Federal Register
Vol. 78, No. 129
Friday, July 5, 2013
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2013–BT–STD–0033]
RIN 1904–AD02
Energy Conservation Program for
Consumer Products and Certain
Commercial and Industrial Equipment:
Proposed Determination of Portable
Air Conditioners as a Covered
Consumer Product
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Proposed determination of
coverage.
AGENCY:
The U.S. Department of
Energy (DOE or the ‘‘Department’’) has
determined tentatively that portable air
conditioners (ACs) 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 portable ACs meet the
criteria for covered products because
classifying products of such type as
covered products is necessary or
appropriate to carry out the purposes of
EPCA, and the average U.S. household
energy use for portable ACs is 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 August 5, 2013.
ADDRESSES: Interested persons may
submit comments, identified by docket
number EERE–2013–BT–STD–0033, 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–2013–BT–STD–0033 and/
or RIN 1904–AD02 in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Proposed Determination for portable
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DATES:
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ACs, EERE–2013–BT–STD–0033 and/or
RIN 1904–AD02, 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
rulemaking.
Docket: For access to the docket to
read background documents 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 9:00
a.m. and 4:00 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:
Ronald Majette, 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) 586–7935. Email:
portable_ACs@ee.doe.gov.
In the Office of General Counsel,
contact Celia Sher, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 287–6122. Email:
Celia.Sher@hq.doe.gov.
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Proposed Definition
IV. Evaluation of Portable ACs as a Covered
Product Subject to Energy Conservation
Standards
A. Coverage Necessary or 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
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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
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 for 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
(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 kWh
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 42 U.S.C. 6294 is unlikely to be
sufficient to induce manufacturers to
produce, and consumers and other
persons to purchase, covered products
1 For editorial reasons, upon codification in the
U.S. Code, Part B was re-designated Part A.
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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)).
Portable ACs are movable units
typically designed to provide 8,000–
14,000 Btu/hr of cooling capacity for a
single room. In contrast to room ACs,
they are not permanently installed on
the wall or in a window.
If DOE issues a final determination
that portable ACs are a covered product,
DOE may prescribe test procedures and
energy conservation standards for
portable ACs. DOE will determine if
portable ACs 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 for portable ACs. If, after
public comment, DOE issues a final
determination of coverage for this
product, DOE may prescribe both test
procedures and energy conservation
standards 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 portable ACs 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
portable ACs.
With respect to energy conservation
standards, DOE is required to publish a
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 portable ACs 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
portable ACs satisfy the requirements of
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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 portable ACs.
III. Proposed Definition
DOE proposes to add a definition for
‘‘Portable Air Conditioners’’ in the Code
of Federal Regulations to clarify
coverage of any potential test procedure
or energy conservation standard that
may arise from today’s proposed
determination. There currently is no
statutory definition of portable ACs.
DOE has determined preliminarily that
adding portable ACs as a covered
product is justified. Accordingly, DOE
proposes the following definition of
portable ACs to consider test procedures
and energy conservation standards for
portable ACs and to provide clarity for
interested parties as it continues its
analyses:
A consumer product, other than a
‘‘packaged terminal air conditioner,’’
which is powered by a single phase
electric current and which is an encased
assembly designed as a portable unit
that may rest on the floor or other
elevated surface for the purpose of
providing delivery of conditioned air to
an enclosed space. It includes a prime
source of refrigeration and may include
a means for ventilating and heating.
This proposed definition is mutually
exclusive to the current definition for a
room AC, which is ‘‘designed as a unit
for mounting in a window or through
the wall.’’ (10 CFR 430.2) DOE seeks
feedback from interested parties on its
proposed definition of portable ACs.
IV. Evaluation of Portable ACs as a
Covered Product Subject to Energy
Conservation Standards
The following sections describe DOE’s
evaluation of whether portable ACs
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 kWh (or its Btu
equivalent) per year.
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A. Coverage Necessary or Appropriate
To Carry Out Purposes of EPCA
Coverage of portable ACs 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 aggregate energy use of
portable ACs has been increasing as
these units have become popular in
recent years. There were an estimated
973.7 thousand units shipped in North
America in 2012, with a projected
growth to 1743.7 thousand units by
2018, representing nearly 80% growth
in only 6 years.2 Coverage of portable
ACs will enable the conservation of
energy supplies through both labeling
programs and the regulation of portable
AC energy efficiency. There is
significant variation in the annual
energy consumption of different models
currently available, therefore
technologies exist to reduce the energy
consumption of portable ACs.
B. Average Household Energy Use
DOE calculated average household
energy use for portable ACs, in
households that use the product, based
on a review of the current market and
a comparison to room air conditioner
energy use. Based on the available
models from a number of large online
retailers, the typical rated energy
efficiency ratio (EER) of portable ACs is
approximately 9.5, with a large available
range (approximately 8.2–14.3). Typical
cooling capacities range from 8,000–
14,000 Btu/hr. Under the assumption
that portable ACs have a very similar
usage profile to window-mounted room
ACs of a similar capacity, DOE
estimated portable AC annual electricity
usage using values developed for
residential room ACs (8,000–13,999
Btu/hr capacity).3 For a typical portable
AC with EER 9.5, DOE estimated the
average per-household annual
electricity consumption to be
approximately 650 kWh/yr (750 kWh/yr
for EER 8.2, and 400 kWh/yr for EER
14.3). Furthermore, one set of laboratory
2 Transparency Media Research. Air Conditioning
Systems Market—Global Scenario, Trends, Industry
Analysis, Size, Share and Forecast, 2012–2018.
January 2013.
3 See Technical Support Document: Energy
Efficiency Program for Consumer Products:
Residential Clothes Dryers and Room Air
Conditioner (Direct Final Rule), Washington, DC.
April 2011. https://www.regulations.gov/
#!documentDetail;D=EERE-2007-BT-STD-00100053.
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tests 4 measured the cooling capacity of
units to be half of manufacturers’
reported values, suggesting that in-field
energy use is much larger than the rated
value would imply. Therefore, DOE
tentatively determines that the average
annual per-household energy use for
portable ACs is very likely to exceed
100 kWh/yr, satisfying the provisions of
42 U.S.C. 6292(b)(1).
Based on the above, DOE has
determined tentatively that portable
ACs qualify as a covered product under
Part A of Title III of the EPCA, as
amended.
V. Procedural Issues and Regulatory
Review
DOE has reviewed its proposed
determination of portable ACs 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).
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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
4 Consumer Reports. Buying Advice: Portable Air
Conditioners. https://news.consumerreports.org/
home/2008/06/air-condition-1.html.
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Counsel’s Web site at https://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; 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 portable ACs
meet 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, 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
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
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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)
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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.
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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 https://
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.
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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 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
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 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,
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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 portable ACs meet 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. 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
portable ACs.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding this notice of
proposed determination no later than
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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 portable ACs are 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 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 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 portable
ACs:
• Definition(s) of portable ACs;
• Whether classifying portable ACs as
a covered product is necessary or
appropriate to carry out the purposes of
EPCA;
• Calculations and values for average
household energy consumption; and
• Availability or lack of availability of
technologies for improving energy
efficiency of portable ACs.
The Department is interested in
receiving views concerning other
VerDate Mar<15>2010
16:17 Jul 03, 2013
Jkt 229001
relevant issues that participants believe
would affect DOE’s ability to establish
test procedures and energy conservation
standards for portable ACs. The
Department invites all interested parties
to submit in writing by August 5, 2013,
comments and information on matters
addressed in this notice and on other
matters relevant to consideration of a
determination for portable ACs.
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 portable ACs qualify as
a covered product, DOE will consider a
test procedure and energy conservation
standards for portable ACs. 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.
Issued in Washington, DC, on June 27,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–15977 Filed 7–3–13; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket Nos. 10–51 and 03–123; FCC
13–82]
Structure and Practices of the Video
Relay Service Program:
Telecommunications Relay Services
and Speech-to-Speech Services for
Individuals With Hearing and Speech
Disabilities
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission issues a further notice of
proposed rulemaking (FNPRM) seeking
comment on options and proposals to
ensure that the entire
telecommunications relay services
(TRS) program continues to offer
functional equivalence to all eligible
users and is as immune as possible from
SUMMARY:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
40407
any additional waste, fraud, and abuse.
These proposals involve a transition
plan to a market-based compensation
methodology for VRS, funding
mechanism for research and
development, TRS Fund contribution
calculations and reporting method,
allowing hearing persons to purchase
access to video point to point service,
replacement of the current TRS
Advisory Council, disaggregation of
emergency calls to 911 and additional
issues relating to restructure of the VRS
program. The Commission continues to
solicit input on ways to strengthen VRS
to ensure its efficiency and that this
service is being offered in a functionally
equivalent manner.
DATES: Comments are due on or before
August 19, 2013, and reply comments
on or before September 18, 2013.
ADDRESSES: You may submit comments,
identified by CG Docket Nos. 10–51 and
03–123, by any of the following
methods:
Electronic Filers: Comments may be
filed electronically using the Internet by
accessing the Commission’s Electronic
Comment Filing System (ECFS), through
the Commission’s Web site https://
fjallfoss.fcc.gov/ecfs2/. Filers should
follow the instructions provided on the
Web site for submitting comments. For
ECFS filers, in completing the
transmittal screen, filers should include
their full name, U.S. Postal service
mailing address, and CG Docket Nos.
10–51 and 03–123.
• Paper filers: Parties who choose to
file by paper must file an original and
four copies of each filing. Filings can be
sent by hand or messenger delivery, by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail (although the Commission
continues to experience delays in
receiving U.S. Postal Service mail). All
filings must be addressed to the
Commission’s Secretary, Office of the
Secretary, Federal Communications
Commission.
• All hand-delivered or messengerdelivered paper filings for the
Commission’s Secretary must be
delivered to FCC Headquarters at 445
12th St. SW., Room TW–A325,
Washington, DC 20554. All hand
deliveries must be held together with
rubber bands or fasteners. Any
envelopes must be disposed of before
entering the building.
• Commercial Mail sent by overnight
mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be
sent to 9300 East Hampton Drive,
Capitol Heights, MD 20743.
• U.S. Postal Service first-class,
Express, and Priority mail should be
E:\FR\FM\05JYP1.SGM
05JYP1
Agencies
[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Proposed Rules]
[Pages 40403-40407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15977]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Proposed
Rules
[[Page 40403]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2013-BT-STD-0033]
RIN 1904-AD02
Energy Conservation Program for Consumer Products and Certain
Commercial and Industrial Equipment: Proposed Determination of Portable
Air Conditioners as a Covered Consumer Product
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed determination of coverage.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or the ``Department'') has
determined tentatively that portable air conditioners (ACs) 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 portable
ACs meet the criteria for covered products because classifying products
of such type as covered products is necessary or appropriate to carry
out the purposes of EPCA, and the average U.S. household energy use for
portable ACs is 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 August 5, 2013.
ADDRESSES: Interested persons may submit comments, identified by docket
number EERE-2013-BT-STD-0033, 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-2013-BT-
STD-0033 and/or RIN 1904-AD02 in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Proposed Determination
for portable ACs, EERE-2013-BT-STD-0033 and/or RIN 1904-AD02, 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 rulemaking.
Docket: For access to the docket to read background documents 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 9:00
a.m. and 4:00 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: Ronald Majette, 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) 586-7935. Email: portable_ACs@ee.doe.gov.
In the Office of General Counsel, contact Celia Sher, U.S.
Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
287-6122. Email: Celia.Sher@hq.doe.gov.
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Proposed Definition
IV. Evaluation of Portable ACs as a Covered Product Subject to
Energy Conservation Standards
A. Coverage Necessary or 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
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 for
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 (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 kWh 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 42 U.S.C. 6294 is unlikely
to be sufficient to induce manufacturers to produce, and consumers and
other persons to purchase, covered products
[[Page 40404]]
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)).
Portable ACs are movable units typically designed to provide 8,000-
14,000 Btu/hr of cooling capacity for a single room. In contrast to
room ACs, they are not permanently installed on the wall or in a
window.
If DOE issues a final determination that portable ACs are a covered
product, DOE may prescribe test procedures and energy conservation
standards for portable ACs. DOE will determine if portable ACs 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 for portable ACs. If, after public comment, DOE issues a
final determination of coverage for this product, DOE may prescribe
both test procedures and energy conservation standards 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 portable ACs 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 portable
ACs.
With respect to energy conservation standards, DOE is required to
publish a 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
portable ACs 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 portable ACs 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 portable ACs.
III. Proposed Definition
DOE proposes to add a definition for ``Portable Air Conditioners''
in the Code of Federal Regulations to clarify coverage of any potential
test procedure or energy conservation standard that may arise from
today's proposed determination. There currently is no statutory
definition of portable ACs. DOE has determined preliminarily that
adding portable ACs as a covered product is justified. Accordingly, DOE
proposes the following definition of portable ACs to consider test
procedures and energy conservation standards for portable ACs and to
provide clarity for interested parties as it continues its analyses:
A consumer product, other than a ``packaged terminal air
conditioner,'' which is powered by a single phase electric current and
which is an encased assembly designed as a portable unit that may rest
on the floor or other elevated surface for the purpose of providing
delivery of conditioned air to an enclosed space. It includes a prime
source of refrigeration and may include a means for ventilating and
heating.
This proposed definition is mutually exclusive to the current
definition for a room AC, which is ``designed as a unit for mounting in
a window or through the wall.'' (10 CFR 430.2) DOE seeks feedback from
interested parties on its proposed definition of portable ACs.
IV. Evaluation of Portable ACs as a Covered Product Subject to Energy
Conservation Standards
The following sections describe DOE's evaluation of whether
portable ACs 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
kWh (or its Btu equivalent) per year.
A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA
Coverage of portable ACs 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 aggregate energy use of
portable ACs has been increasing as these units have become popular in
recent years. There were an estimated 973.7 thousand units shipped in
North America in 2012, with a projected growth to 1743.7 thousand units
by 2018, representing nearly 80% growth in only 6 years.\2\ Coverage of
portable ACs will enable the conservation of energy supplies through
both labeling programs and the regulation of portable AC energy
efficiency. There is significant variation in the annual energy
consumption of different models currently available, therefore
technologies exist to reduce the energy consumption of portable ACs.
---------------------------------------------------------------------------
\2\ Transparency Media Research. Air Conditioning Systems
Market--Global Scenario, Trends, Industry Analysis, Size, Share and
Forecast, 2012-2018. January 2013.
---------------------------------------------------------------------------
B. Average Household Energy Use
DOE calculated average household energy use for portable ACs, in
households that use the product, based on a review of the current
market and a comparison to room air conditioner energy use. Based on
the available models from a number of large online retailers, the
typical rated energy efficiency ratio (EER) of portable ACs is
approximately 9.5, with a large available range (approximately 8.2-
14.3). Typical cooling capacities range from 8,000-14,000 Btu/hr. Under
the assumption that portable ACs have a very similar usage profile to
window-mounted room ACs of a similar capacity, DOE estimated portable
AC annual electricity usage using values developed for residential room
ACs (8,000-13,999 Btu/hr capacity).\3\ For a typical portable AC with
EER 9.5, DOE estimated the average per-household annual electricity
consumption to be approximately 650 kWh/yr (750 kWh/yr for EER 8.2, and
400 kWh/yr for EER 14.3). Furthermore, one set of laboratory
[[Page 40405]]
tests \4\ measured the cooling capacity of units to be half of
manufacturers' reported values, suggesting that in-field energy use is
much larger than the rated value would imply. Therefore, DOE
tentatively determines that the average annual per-household energy use
for portable ACs is very likely to exceed 100 kWh/yr, satisfying the
provisions of 42 U.S.C. 6292(b)(1).
---------------------------------------------------------------------------
\3\ See Technical Support Document: Energy Efficiency Program
for Consumer Products: Residential Clothes Dryers and Room Air
Conditioner (Direct Final Rule), Washington, DC. April 2011. https://www.regulations.gov/#!documentDetail;D=EERE-2007-BT-STD-0010-0053.
\4\ Consumer Reports. Buying Advice: Portable Air Conditioners.
https://news.consumerreports.org/home/2008/06/air-condition-1.html.
---------------------------------------------------------------------------
Based on the above, DOE has determined tentatively that portable
ACs qualify as a covered product under Part A of Title III of the EPCA,
as amended.
V. Procedural Issues and Regulatory Review
DOE has reviewed its proposed determination of portable ACs 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 https://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; 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
portable ACs meet 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, 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
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)
[[Page 40406]]
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 https://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 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 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 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 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 portable ACs meet 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. 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 portable ACs.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notice of proposed determination no later than
[[Page 40407]]
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 portable ACs are 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 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 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 portable ACs:
Definition(s) of portable ACs;
Whether classifying portable ACs as a covered product is
necessary or appropriate to carry out the purposes of EPCA;
Calculations and values for average household energy
consumption; and
Availability or lack of availability of technologies for
improving energy efficiency of portable ACs.
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
portable ACs. The Department invites all interested parties to submit
in writing by August 5, 2013, comments and information on matters
addressed in this notice and on other matters relevant to consideration
of a determination for portable ACs.
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 portable ACs qualify as a covered product, DOE will consider a
test procedure and energy conservation standards for portable ACs.
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.
Issued in Washington, DC, on June 27, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-15977 Filed 7-3-13; 8:45 am]
BILLING CODE 6450-01-P