Energy Conservation Program for Certain Commercial and Industrial Equipment: Proposed Determination of Natural Draft Commercial Packaged Boilers as Covered Equipment, 49202-49207 [2013-19560]
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49202
Proposed Rules
Federal Register
Vol. 78, No. 156
Tuesday, August 13, 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 431
[Docket No. EERE–2013–BT–STD–0030]
RIN 1904–AD01
Energy Conservation Program for
Certain Commercial and Industrial
Equipment: Proposed Determination of
Natural Draft Commercial Packaged
Boilers as Covered Equipment
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Proposed determination of
coverage.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to determine
that natural draft commercial packaged
boilers 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
certain 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 September 12,
2013.
ADDRESSES: Interested persons are
encouraged to submit comments
electronically. However, interested
persons may submit comments,
identified by docket number EERE–
2013–BT–STD–0030 or Regulation
Identifier Number (RIN) 1904–AD01, by
any of the following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
PkgdBoilers2013STD0030@ee.doe.gov.
Include EERE–2013–BT–STD–0030 and/
or RIN 1904–AD01 in the subject line of
the message. Submit electronic
comments in WordPerfect, Microsoft
Word, portable document format (PDF),
or American Standard Code for
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SUMMARY:
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Information Interchange (ASCII) file
format, and avoid the use of special
characters or any form of encryption.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Office, Mailstop EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. If possible,
please submit all items on a compact
disc (CD), in which case it is not
necessary to include printed copies.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Office, 6th Floor,
950 L’Enfant Plaza SW., Washington,
DC 20024. Telephone: (202) 586–2945.
If possible, please submit all items on a
CD, in which case it is not necessary to
include printed copies.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking. No telefacsimilies (faxes)
will be accepted. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see section VI of
this document (Public Participation).
Docket: The docket is available for
review at www.regulations.gov,
including Federal Register notices,
comments, and other supporting
documents/materials (search EERE–
2013–BT–STD–0030). All documents in
the docket are listed in the
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: https://www1.eere.energy.gov/
buildings/appliance_standards/product.
aspx/productid/74. This Web page
contains a link to the docket for this
notice on the www.regulations.gov site.
The www.regulations.gov Web page
contains instructions on how to access
all documents, including public
comments, in the docket. See section VI
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:
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commercial_packaged_
boilers@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585. Telephone:
(202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
For information on how to submit or
review public comments, contact Ms.
Brenda Edwards, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, Mailstop EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–2945. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Definition(s)
IV. Evaluation of Natural Draft Commercial
Packaged Boilers as a Covered
Equipment
A. Energy Consumption in Operation
B. Distribution in Commerce
C. Prior Inclusion as Covered Equipment
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, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act, 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 for consumer
products and certain commercial
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equipment. Part C of Title III of EPCA
(42 U.S.C. 6311–6317), which was redesignated 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 identifies 11 types of covered
equipment and sets forth a twelfth
provision for any other type of
equipment which the Secretary of
Energy (Secretary) classifies as covered
equipment. (42 U.S.C. 6311(1)(A)–(L))
EPCA also provides for the types of
equipment that can be classified as
covered ‘‘industrial equipment’’ in
addition to the equipment enumerated
under 42 U.S.C. 6311(1), which includes
packaged boilers as covered industrial
equipment. (42 U.S.C. 6311(2)(B))
Further, pursuant to EPCA, 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:
(1) Which in operation consumes, or
is designed to consume, energy;
(2) which to any significant extent, is
distributed in commerce for industrial
or commercial use; and
(3) which is not a ‘‘covered product’’
as defined in 42 U.S.C. 6291(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. In general, the
purpose of Part A–1 is to improve the
efficiency of certain industrial
equipment, such as packaged boilers,
and to conserve the energy resources of
the Nation. (42 U.S.C. 6312 (a), (b)).
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II. Current Rulemaking Process
DOE has previously conducted energy
conservation standards rulemakings for
natural draft commercial packaged
boilers. As explained in section IV.C,
DOE is undertaking this coverage
determination to explicitly clarify its
statutory authority under EPCA to cover
natural draft commercial packaged
boilers. Following public comment,
DOE intends to issue a final
determination of coverage for this
equipment, and would consider
amended energy conservation standards
and test procedures for this equipment
as part of its upcoming rulemaking for
commercial packaged boilers.
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With respect to test procedures, DOE’s
existing test procedures for commercial
packaged boilers contain provisions for
measuring the energy efficiency of
natural draft commercial packaged
boilers. As with any of DOE’s test
procedures, the current test procedure
allows for measurement of the energy
efficiency, energy use, or estimated
annual operating cost of natural draft
commercial packaged boilers during a
representative average use cycle or
period of use in a manner that is not
unduly burdensome to conduct. (42
U.S.C. 6314(a)(2)) Although DOE’s
existing test procedure has generally
proven adequate for testing natural draft
commercial packaged boilers, DOE may
consider any necessary amendments to
these test procedures in the context of
its upcoming ‘‘7-year-lookback’’ test
procedure rulemaking. (42 U.S.C.
6314(a)(1)) In a typical 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 amending
test procedures, DOE takes into account
relevant information, including
technological developments relating to
energy use or energy efficiency of
natural draft commercial packaged
boilers.
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. After
DOE receives comments on the
Framework Document, DOE typically
prepares an energy conservation
standards rulemaking preliminary
analysis and technical support
document (TSD) for the preliminary
analysis. The preliminary analysis
typically provides initial draft analyses
of potential energy conservation
standards on consumers, manufacturers,
and the Nation. These steps are not
legally required.
DOE is required to publish a NOPR
setting forth DOE’s proposed energy
conservation standards and a summary
of the results of DOE’s supporting
technical analysis. The details of DOE’s
analysis are provided in a 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
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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
amended energy conservation standards
for natural draft commercial packaged
boilers. (42 U.S.C. 6295(p)(3)).
III. Definition(s)
DOE is considering a definition for
‘‘Natural Draft Commercial Packaged
Boiler’’ to clarify coverage of any
potential test procedure or energy
conservation standard amendments that
may arise subsequent to today’s
proposed determination. There is
currently no statutory definition of
‘‘natural draft commercial packaged
boiler,’’ so DOE is considering the
following definition of ‘‘natural draft
commercial packaged boiler’’ to provide
clarity for interested parties as it
continues its analyses:
Natural draft commercial packaged
boiler means a commercial packaged
boiler designed to operate with negative
pressure in the firebox and in the flue
connection created by a chimney or the
height of the unit itself, up to the draft
control device. Such boilers do not
require mechanical drafting equipment
to vent combustion gases, but may
include mechanical devices such as
mechanical flue or stack dampers to
limit the heat losses through the flue
vent during off-cycle.
DOE seeks comments from interested
parties about this definition for ‘‘natural
draft commercial packaged boiler.’’
IV. Evaluation of Natural Draft
Commercial Packaged Boilers as a
Covered Equipment
The following sections describe DOE’s
evaluation of whether natural draft
commercial packaged boilers fulfill the
criteria for being added as covered
equipment pursuant to 42 U.S.C.
6311(2) and 42 U.S.C. 6312.
Packaged boilers are listed as a type
of industrial equipment at 42 U.S.C.
6311(2)(B). 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
Based on the Energy Information
Administration’s (EIA) 2013 Annual
Energy Outlook (AEO) and 2003
Commercial Building Energy
Consumption Survey (CBECS) data,
DOE estimated that the annual energy
use of gas and oil-fired commercial
packaged boilers was 0.73 quad in
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2012.1 2 3 Based on the number of
natural draft commercial packaged
boiler models in the 2013 AirConditioning, Heating, and Refrigeration
Institute (AHRI) certification directory
(41 percent average for both gas and oilfired commercial packaged boilers),
DOE estimated that the annual energy
use of natural draft gas and oil-fired
commercial packaged boilers was 0.30
quad in 2012, or the equivalent of
approximately 51.7 million barrels of
oil. Based on CBECS 2003 data, DOE
estimated that, on average, existing gas
and oil-fired commercial packaged
boilers consume about 1,362 MMBtu/yr
or about 400,000 kWh/yr per building
that use natural draft gas and oil-fired
commercial packaged boilers.4 5
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B. Distribution in Commerce
Natural draft commercial packaged
boilers are distributed both in the
commercial and industrial sectors.
During the analysis leading to the 2009
commercial packaged boilers final rule
(74 FR 36312 (July 22, 2009)), DOE
obtained from AHRI an estimate of
annual shipments of commercial
packaged boilers that, at the time, were
approximately 36,000 units. (2009
Technical Support Document, Chapter
6, Shipment Analysis 6) Since no recent
shipments data are available, DOE plans
to assume that the same number of units
will be shipped in 2013 (about 36,000
1 Energy Information Administration (EIA), 2013
Annual Energy Outlook (AEO) Full Version
(Available at: https://www.eia.gov/forecasts/aeo/)
(Last accessed April 15, 2013).
2 Energy Information Administration (EIA), 2003
Commercial Building Energy Consumption Survey
(CBECS) (Available at: https://www.eia.gov/
consumption/commercial/) (Last accessed April 10,
2013).
3 AEO 2013 provides total space heating energy
use for commercial buildings, In 2012, AEO 2013
estimates that 1.51 quads is used for gas space
heating and 0.115 quad is used for oil space heating
in the U.S. commercial buildings. To determine the
fraction of space heating in commercial buildings
provided by commercial gas and oil-fired packaged
boilers, DOE used CBECS estimates, which show
that 43 percent of gas heating is provided by gas
boilers and 74 percent of oil heating is provided by
oil-fired boilers.
4 Average energy use of gas and oil boilers per
building in CEBCS 2003 is equal to 1,555 MMBtu/
yr. DOE adjusted this value to reflect a 6.9-percent
improvement in existing buildings compared to
2003 buildings based on AEO 2013 data (Available
at: https://www.eia.gov/forecasts/aeo/assumptions/
pdf/commercial.pdf). DOE also adjusted the energy
use data to normal weather conditions using the 10year average heating degree-days (HDD) (2003–
2012) compared to 2003 HDDs based on National
Oceanic and Atmospheric Administration (NOAA)
data (Available at: https://www7.ncdc.noaa.gov/
CDO/CDODivisionalSelect.jsp), which resulted in a
5.1-percent decrease in heating energy
consumption.
5 Conversion: 1 kWh=3412 Btu.
6 See https://www.regulations.gov/
#!documentDetail;D=EERE-2008-BT-STD-00130011.
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gas and oil-fired commercial packaged
boilers). Since 41 percent of commercial
packaged boilers models in the 2013
AHRI Directory 7 are natural draft
commercial packaged boilers, DOE
estimates that about 15,000 natural draft
commercial packaged boilers will be
shipped domestically in 2013.
C. Prior Inclusion as a Covered Product
Natural draft commercial packaged
boilers are not currently included as
covered products under Title 10 of the
Code of Federal Regulations, part 430
(10 CFR part 430). However, as
explained below, under DOE’s
interpretation of the relevant statutory
provisions, natural draft commercial
packaged boilers are currently included
as covered equipment under subpart E
of 10 CFR part 431.
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
certain industrial equipment to conserve
the energy resources of the Nation.
Commercial packaged boilers are
covered equipment under the statute.
Until now, DOE has not drawn a
distinction between a commercial
packaged boiler that is manufactured
and shipped as a natural draft model or
a mechanical draft model. Consistent
with this position, DOE adopted energy
conservation standards for natural draft
commercial packaged boilers in a final
rule published in the Federal Register
on July 22, 2009, which was consistent
with the efficiency levels contained in
the American Society of Heating,
Refrigerating and Air Conditioning
Engineers (ASHRAE) Standard 90.1–
2007. 74 FR 36312.
DOE continues to conclude that, from
a technical perspective, natural draft
commercial packaged boilers are similar
in purpose and function to their
mechanical-draft counterparts.
Nevertheless, DOE is initiating this
coverage determination for natural draft
commercial packaged boilers, because
explicit coverage of natural draft
commercial packaged boilers is
necessary to carry out the purposes of
part A–1 of EPCA. Coverage will
promote the conservation of energy and
provide a more level playing field to the
variety of commercial packaged boilers
on the market, thereby discouraging
potential substitution effects. Beyond
the energy conservation standards
7 Air-Conditioning, Heating, and Refrigeration
Institute (AHRI), Commercial Packaged Boiler
Certification Directory (April 2013) (Available at:
https://www.ahridirectory.org/) (Last accessed April
15, 2013).
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currently in place for natural draft
commercial packaged boilers, DOE will
commence a rulemaking to consider
amending the energy conservation
standards both for commercial packaged
boilers with mechanical draft
equipment and, pending the outcome of
today’s proposed coverage
determination, natural draft commercial
packaged boilers. Amended energy
conservation standards that may result
after such final coverage determination
would help to capture some portion of
the potential for improving efficiency of
natural draft commercial packaged
boilers.
In view of all the information in
section IV of this notice, DOE proposes
to determine that natural draft
commercial packaged boilers 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 natural draft
commercial packaged boilers 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
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of its rules on small entities are properly
considered during the DOE rulemaking
process. 68 FR 7990 (Feb. 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. DOE certifies that the
proposed determination, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification is as follows:
The Small Business Administration
(SBA) considers a business entity to be
a small business, if, together with its
affiliates, it employs less than a
threshold number of workers specified
in 13 CFR part 121. 65 FR 30836, 30848
(May 15, 2000), as amended at 65 FR
53533, 53544 (Sept. 5, 2000). These size
standards and codes are established by
the North American Industry
Classification System (NAICS). The
threshold number for the relevant
NAICS classification code 333414,
‘‘Heating Equipment (except Warm Air
Furnaces) Manufacturing,’’ is 500
employees. To determine whether any
manufacturers of natural draft
commercial packaged boilers fall below
this threshold number, DOE assembled
an extensive database of commercial
packaged boiler models and
manufacturers based on surveys of the
AHRI certification directory,8 the
California Energy Commission (CEC)
appliance database,9 and additional
industry and manufacturer Web sites.
DOE used this database to identify
manufacturers of natural draft
commercial packaged boilers for further
analysis. Using publically-available data
from sources such as Hoover’s online
database 10 and manufacturer Web sites,
DOE evaluated each manufacturer to
determine if they met the SBA’s
definition of a ‘‘small business
manufacturing facility’’ and have their
manufacturing facilities located within
the United States. Based on this
analysis, DOE identified seven small
businesses that manufacture natural
draft commercial packaged boilers.
If adopted, today’s proposed
determination would not amend
8 See Air-Conditioning, Heating, and Refrigeration
Institute: Certification Directory (Available at:
https://www.ahridirectory.org/ahridirectory/pages/
home.aspx).
9 See California Energy Commission: Appliance
Database (Available at: https://
www.appliances.energy.ca.gov/).
10 See Hoover’s Database (Available at: https://
www.hoovers.com/).
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standards and would only reaffirm
DOE’s authority to cover natural draft
commercial packaged boilers. The
proposed determination also does not
amend any test procedures. Economic
impacts on small entities would be
considered in the context of such
rulemakings.
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 natural draft
commercial packaged boilers meet the
criteria for classification as covered
equipment, will impose no new
information or recordkeeping
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 natural draft
commercial packaged boilers meet the
criteria for classification as covered
equipment. Environmental impacts
would be explored in any future energy
conservation standards rulemaking for
natural draft commercial packaged
boilers. 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 natural draft commercial packaged
boilers 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
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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 (Feb. 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
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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.
H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 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.
VerDate Mar<15>2010
15:30 Aug 12, 2013
Jkt 229001
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.
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.
J. Review Under the Treasury and
General Government Appropriations
Act, 2001
L. Review Under the Information
Quality Bulletin for Peer Review
I. Review Under Executive Order 12630
The Treasury and General
Government Appropriation Act, 2001
(44 U.S.C. 3516 note) requires agencies
to review most disseminations of
information they make to the public
under guidelines established by each
agency pursuant to general guidelines
issued by the Office of Management and
Budget (OMB). The OMB’s guidelines
were published at 67 FR 8452 (Feb. 22,
2002), and DOE’s guidelines were
published at 67 FR 62446 (Oct. 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 natural draft commercial
packaged boilers 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
PO 00000
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Fmt 4702
Sfmt 4702
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 (Jan. 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 (Jan. 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 amend
energy conservation standards for
natural draft commercial packaged
boilers.
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 natural draft commercial
packaged boilers 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
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encryption, and wherever possible,
comments should include the electronic
signature of the author. No
telefacsimiles (faxes) will be accepted.
Pursuant to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit two well-marked copies:
One copy of the document marked
‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with 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.
ehiers on DSK2VPTVN1PROD with PROPOSALS-1
B. Issues on Which the Department of
Energy Seeks Comments
15:30 Aug 12, 2013
Jkt 229001
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 August 7,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
[FR Doc. 2013–19560 Filed 8–12–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
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 natural
draft commercial packaged boilers:
• Definition of ‘‘natural draft
commercial packaged boiler’’;
• Whether classifying natural draft
commercial packaged boilers as covered
equipment is necessary to carry out the
purposes of Part A–1 of EPCA; and
• Availability or lack of availability of
technologies for improving the energy
efficiency of natural draft commercial
packaged boilers.
DOE invites all interested parties to
submit, in writing and by September 12,
2013, comments and information on
matters addressed in this notice and on
other matters relevant to a
determination for natural draft
commercial packaged boilers. DOE is
also interested in receiving views
concerning other issues relevant to
amending the test procedure and energy
VerDate Mar<15>2010
conservation standards for natural draft
commercial packaged boilers.
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 confirms in the
final determination that natural draft
commercial packaged boilers qualify as
covered equipment, DOE may consider
amendments to the test procedure and
energy conservation standards for
natural draft commercial packaged
boilers as part of the upcoming
rulemaking for commercial packaged
boilers generally. Members of the public
will be given an opportunity to submit
written and oral comments on any
proposed amended test procedure and
standards.
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0725; Directorate
Identifier 98–CE–01–AD]
RIN 2120–AA64
Airworthiness Directives; Maule
Aerospace Technology, Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
We propose to revise
airworthiness directive (AD) 98–15–18
that applies to certain Maule Aerospace
Technology, Inc. M–4, M–5, M–6, M–7,
MT–7, MX–7, MXT–7, and M–8
airplanes that are equipped with rear
wing lift struts, part number (P/N)
2079E, and/or front wing lift struts, P/
N 2080E. AD 98–15–18 currently
requires repetitively inspecting certain
wing lift struts for internal corrosion
and replacing of any wing lift strut
SUMMARY:
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
49207
where corrosion is found. Since we
issued AD 98–15–18, we have been
informed by the manufacturer that
Model MXT–7–420 airplanes are no
longer in existence, are no longer type
certificated, and should be removed
from the Applicability section. We have
also been informed that paragraph (b) in
AD 98–15–18 is being misinterpreted
and is causing confusion. This proposed
AD would remove Model MXT–7–420
airplanes from the Applicability section
and clarify the intent of the language
currently in paragraph (b) of AD 98–15–
18. This proposed AD would retain all
other requirements of the existing AD.
We are proposing this AD to correct the
unsafe condition on these products.
DATES: We must receive comments on
this proposed AD by September 27,
2013.
You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this proposed AD, contact Maule Air,
Inc., 2099 GA Hwy 133 South, Moultrie,
Georgia 31768; telephone: (229) 985–
2045; fax: (229) 890–2402; Internet:
https://www.mauleairinc.com/pdf/
servicebulletins/
service_bulletin_11_old.pdf. You may
review copies of the referenced service
information at the FAA, Small Airplane
Directorate, 901 Locust, Kansas City,
Missouri 64106. For information on the
availability of this material at the FAA,
call (816) 329–4148.
ADDRESSES:
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(phone: 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
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]]>Agencies
[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Proposed Rules]
[Pages 49202-49207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19560]
========================================================================
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. 156 / Tuesday, August 13, 2013 /
Proposed Rules
[[Page 49202]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2013-BT-STD-0030]
RIN 1904-AD01
Energy Conservation Program for Certain Commercial and Industrial
Equipment: Proposed Determination of Natural Draft Commercial Packaged
Boilers 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
natural draft commercial packaged boilers 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
certain 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 September 12, 2013.
ADDRESSES: Interested persons are encouraged to submit comments
electronically. However, interested persons may submit comments,
identified by docket number EERE-2013-BT-STD-0030 or Regulation
Identifier Number (RIN) 1904-AD01, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Email: PkgdBoilers2013STD0030@ee.doe.gov. Include EERE-
2013-BT-STD-0030 and/or RIN 1904-AD01 in the subject line of the
message. Submit electronic comments in WordPerfect, Microsoft Word,
portable document format (PDF), or American Standard Code for
Information Interchange (ASCII) file format, and avoid the use of
special characters or any form of encryption.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Office, Mailstop EE-2J, 1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. If possible,
please submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Office, 6th Floor, 950 L'Enfant Plaza
SW., Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking. No telefacsimilies
(faxes) will be accepted. For detailed instructions on submitting
comments and additional information on the rulemaking process, see
section VI of this document (Public Participation).
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, comments, and other supporting
documents/materials (search EERE-2013-BT-STD-0030). All documents in
the docket are listed in the 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: https://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/74. This Web page contains a link to the docket for this
notice on the www.regulations.gov site. The www.regulations.gov Web
page contains instructions on how to access all documents, including
public comments, in the docket. See section VI 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: commercial_packaged_boilers@ee.doe.gov.
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585.
Telephone: (202) 586-9507. Email: Eric.Stas@hq.doe.gov.
For information on how to submit or review public comments, contact
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies, Mailstop EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-2945. Email: Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Definition(s)
IV. Evaluation of Natural Draft Commercial Packaged Boilers as a
Covered Equipment
A. Energy Consumption in Operation
B. Distribution in Commerce
C. Prior Inclusion as Covered Equipment
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, 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act, 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 for consumer products and certain
commercial
[[Page 49203]]
equipment. 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 identifies 11 types of covered equipment and sets forth a
twelfth provision for any other type of equipment which the Secretary
of Energy (Secretary) classifies as covered equipment. (42 U.S.C.
6311(1)(A)-(L)) EPCA also provides for the types of equipment that can
be classified as covered ``industrial equipment'' in addition to the
equipment enumerated under 42 U.S.C. 6311(1), which includes packaged
boilers as covered industrial equipment. (42 U.S.C. 6311(2)(B))
Further, pursuant to EPCA, 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:
(1) Which in operation consumes, or is designed to consume, energy;
(2) which to any significant extent, is distributed in commerce for
industrial or commercial use; and
(3) which is not a ``covered product'' as defined in 42 U.S.C.
6291(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.
In general, the purpose of Part A-1 is to improve the efficiency of
certain industrial equipment, such as packaged boilers, and to conserve
the energy resources of the Nation. (42 U.S.C. 6312 (a), (b)).
II. Current Rulemaking Process
DOE has previously conducted energy conservation standards
rulemakings for natural draft commercial packaged boilers. As explained
in section IV.C, DOE is undertaking this coverage determination to
explicitly clarify its statutory authority under EPCA to cover natural
draft commercial packaged boilers. Following public comment, DOE
intends to issue a final determination of coverage for this equipment,
and would consider amended energy conservation standards and test
procedures for this equipment as part of its upcoming rulemaking for
commercial packaged boilers.
With respect to test procedures, DOE's existing test procedures for
commercial packaged boilers contain provisions for measuring the energy
efficiency of natural draft commercial packaged boilers. As with any of
DOE's test procedures, the current test procedure allows for
measurement of the energy efficiency, energy use, or estimated annual
operating cost of natural draft commercial packaged boilers during a
representative average use cycle or period of use in a manner that is
not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) Although DOE's
existing test procedure has generally proven adequate for testing
natural draft commercial packaged boilers, DOE may consider any
necessary amendments to these test procedures in the context of its
upcoming ``7-year-lookback'' test procedure rulemaking. (42 U.S.C.
6314(a)(1)) In a typical 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 amending test procedures,
DOE takes into account relevant information, including technological
developments relating to energy use or energy efficiency of natural
draft commercial packaged boilers.
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. After DOE receives
comments on the Framework Document, DOE typically prepares an energy
conservation standards rulemaking preliminary analysis and technical
support document (TSD) for the preliminary analysis. The preliminary
analysis typically provides initial draft analyses of potential energy
conservation standards on consumers, manufacturers, and the Nation.
These steps are not legally required.
DOE is required to publish a NOPR setting forth DOE's proposed
energy conservation standards and a summary of the results of DOE's
supporting technical analysis. The details of DOE's analysis are
provided in a 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 amended energy conservation standards for natural draft commercial
packaged boilers. (42 U.S.C. 6295(p)(3)).
III. Definition(s)
DOE is considering a definition for ``Natural Draft Commercial
Packaged Boiler'' to clarify coverage of any potential test procedure
or energy conservation standard amendments that may arise subsequent to
today's proposed determination. There is currently no statutory
definition of ``natural draft commercial packaged boiler,'' so DOE is
considering the following definition of ``natural draft commercial
packaged boiler'' to provide clarity for interested parties as it
continues its analyses:
Natural draft commercial packaged boiler means a commercial
packaged boiler designed to operate with negative pressure in the
firebox and in the flue connection created by a chimney or the height
of the unit itself, up to the draft control device. Such boilers do not
require mechanical drafting equipment to vent combustion gases, but may
include mechanical devices such as mechanical flue or stack dampers to
limit the heat losses through the flue vent during off-cycle.
DOE seeks comments from interested parties about this definition
for ``natural draft commercial packaged boiler.''
IV. Evaluation of Natural Draft Commercial Packaged Boilers as a
Covered Equipment
The following sections describe DOE's evaluation of whether natural
draft commercial packaged boilers fulfill the criteria for being added
as covered equipment pursuant to 42 U.S.C. 6311(2) and 42 U.S.C. 6312.
Packaged boilers are listed as a type of industrial equipment at 42
U.S.C. 6311(2)(B). 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
Based on the Energy Information Administration's (EIA) 2013 Annual
Energy Outlook (AEO) and 2003 Commercial Building Energy Consumption
Survey (CBECS) data, DOE estimated that the annual energy use of gas
and oil-fired commercial packaged boilers was 0.73 quad in
[[Page 49204]]
2012.1 2 3 Based on the number of natural draft commercial
packaged boiler models in the 2013 Air-Conditioning, Heating, and
Refrigeration Institute (AHRI) certification directory (41 percent
average for both gas and oil-fired commercial packaged boilers), DOE
estimated that the annual energy use of natural draft gas and oil-fired
commercial packaged boilers was 0.30 quad in 2012, or the equivalent of
approximately 51.7 million barrels of oil. Based on CBECS 2003 data,
DOE estimated that, on average, existing gas and oil-fired commercial
packaged boilers consume about 1,362 MMBtu/yr or about 400,000 kWh/yr
per building that use natural draft gas and oil-fired commercial
packaged boilers.4 5
---------------------------------------------------------------------------
\1\ Energy Information Administration (EIA), 2013 Annual Energy
Outlook (AEO) Full Version (Available at: https://www.eia.gov/forecasts/aeo/) (Last accessed April 15, 2013).
\2\ Energy Information Administration (EIA), 2003 Commercial
Building Energy Consumption Survey (CBECS) (Available at: https://www.eia.gov/consumption/commercial/) (Last accessed April 10, 2013).
\3\ AEO 2013 provides total space heating energy use for
commercial buildings, In 2012, AEO 2013 estimates that 1.51 quads is
used for gas space heating and 0.115 quad is used for oil space
heating in the U.S. commercial buildings. To determine the fraction
of space heating in commercial buildings provided by commercial gas
and oil-fired packaged boilers, DOE used CBECS estimates, which show
that 43 percent of gas heating is provided by gas boilers and 74
percent of oil heating is provided by oil-fired boilers.
\4\ Average energy use of gas and oil boilers per building in
CEBCS 2003 is equal to 1,555 MMBtu/yr. DOE adjusted this value to
reflect a 6.9-percent improvement in existing buildings compared to
2003 buildings based on AEO 2013 data (Available at: https://www.eia.gov/forecasts/aeo/assumptions/pdf/commercial.pdf). DOE also
adjusted the energy use data to normal weather conditions using the
10-year average heating degree-days (HDD) (2003-2012) compared to
2003 HDDs based on National Oceanic and Atmospheric Administration
(NOAA) data (Available at: https://www7.ncdc.noaa.gov/CDO/CDODivisionalSelect.jsp), which resulted in a 5.1-percent decrease
in heating energy consumption.
\5\ Conversion: 1 kWh=3412 Btu.
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B. Distribution in Commerce
Natural draft commercial packaged boilers are distributed both in
the commercial and industrial sectors. During the analysis leading to
the 2009 commercial packaged boilers final rule (74 FR 36312 (July 22,
2009)), DOE obtained from AHRI an estimate of annual shipments of
commercial packaged boilers that, at the time, were approximately
36,000 units. (2009 Technical Support Document, Chapter 6, Shipment
Analysis \6\) Since no recent shipments data are available, DOE plans
to assume that the same number of units will be shipped in 2013 (about
36,000 gas and oil-fired commercial packaged boilers). Since 41 percent
of commercial packaged boilers models in the 2013 AHRI Directory \7\
are natural draft commercial packaged boilers, DOE estimates that about
15,000 natural draft commercial packaged boilers will be shipped
domestically in 2013.
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\6\ See https://www.regulations.gov/#!documentDetail;D=EERE-2008-
BT-STD-0013-0011.
\7\ Air-Conditioning, Heating, and Refrigeration Institute
(AHRI), Commercial Packaged Boiler Certification Directory (April
2013) (Available at: https://www.ahridirectory.org/) (Last accessed
April 15, 2013).
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C. Prior Inclusion as a Covered Product
Natural draft commercial packaged boilers are not currently
included as covered products under Title 10 of the Code of Federal
Regulations, part 430 (10 CFR part 430). However, as explained below,
under DOE's interpretation of the relevant statutory provisions,
natural draft commercial packaged boilers are currently included as
covered equipment under subpart E of 10 CFR part 431.
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 certain industrial equipment to conserve the energy resources of the
Nation. Commercial packaged boilers are covered equipment under the
statute. Until now, DOE has not drawn a distinction between a
commercial packaged boiler that is manufactured and shipped as a
natural draft model or a mechanical draft model. Consistent with this
position, DOE adopted energy conservation standards for natural draft
commercial packaged boilers in a final rule published in the Federal
Register on July 22, 2009, which was consistent with the efficiency
levels contained in the American Society of Heating, Refrigerating and
Air Conditioning Engineers (ASHRAE) Standard 90.1-2007. 74 FR 36312.
DOE continues to conclude that, from a technical perspective,
natural draft commercial packaged boilers are similar in purpose and
function to their mechanical-draft counterparts. Nevertheless, DOE is
initiating this coverage determination for natural draft commercial
packaged boilers, because explicit coverage of natural draft commercial
packaged boilers is necessary to carry out the purposes of part A-1 of
EPCA. Coverage will promote the conservation of energy and provide a
more level playing field to the variety of commercial packaged boilers
on the market, thereby discouraging potential substitution effects.
Beyond the energy conservation standards currently in place for natural
draft commercial packaged boilers, DOE will commence a rulemaking to
consider amending the energy conservation standards both for commercial
packaged boilers with mechanical draft equipment and, pending the
outcome of today's proposed coverage determination, natural draft
commercial packaged boilers. Amended energy conservation standards that
may result after such final coverage determination would help to
capture some portion of the potential for improving efficiency of
natural draft commercial packaged boilers.
In view of all the information in section IV of this notice, DOE
proposes to determine that natural draft commercial packaged boilers
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 natural draft
commercial packaged boilers 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
[[Page 49205]]
of its rules on small entities are properly considered during the DOE
rulemaking process. 68 FR 7990 (Feb. 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. DOE certifies that the proposed
determination, if adopted, would not have a significant economic impact
on a substantial number of small entities. The factual basis for this
certification is as follows:
The Small Business Administration (SBA) considers a business entity
to be a small business, if, together with its affiliates, it employs
less than a threshold number of workers specified in 13 CFR part 121.
65 FR 30836, 30848 (May 15, 2000), as amended at 65 FR 53533, 53544
(Sept. 5, 2000). These size standards and codes are established by the
North American Industry Classification System (NAICS). The threshold
number for the relevant NAICS classification code 333414, ``Heating
Equipment (except Warm Air Furnaces) Manufacturing,'' is 500 employees.
To determine whether any manufacturers of natural draft commercial
packaged boilers fall below this threshold number, DOE assembled an
extensive database of commercial packaged boiler models and
manufacturers based on surveys of the AHRI certification directory,\8\
the California Energy Commission (CEC) appliance database,\9\ and
additional industry and manufacturer Web sites. DOE used this database
to identify manufacturers of natural draft commercial packaged boilers
for further analysis. Using publically-available data from sources such
as Hoover's online database \10\ and manufacturer Web sites, DOE
evaluated each manufacturer to determine if they met the SBA's
definition of a ``small business manufacturing facility'' and have
their manufacturing facilities located within the United States. Based
on this analysis, DOE identified seven small businesses that
manufacture natural draft commercial packaged boilers.
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\8\ See Air-Conditioning, Heating, and Refrigeration Institute:
Certification Directory (Available at: https://www.ahridirectory.org/ahridirectory/pages/home.aspx).
\9\ See California Energy Commission: Appliance Database
(Available at: https://www.appliances.energy.ca.gov/).
\10\ See Hoover's Database (Available at: https://www.hoovers.com/).
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If adopted, today's proposed determination would not amend
standards and would only reaffirm DOE's authority to cover natural
draft commercial packaged boilers. The proposed determination also does
not amend any test procedures. Economic impacts on small entities would
be considered in the context of such rulemakings.
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
natural draft commercial packaged boilers meet the criteria for
classification as covered equipment, will impose no new information or
recordkeeping 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 natural
draft commercial packaged boilers meet the criteria for classification
as covered equipment. Environmental impacts would be explored in any
future energy conservation standards rulemaking for natural draft
commercial packaged boilers. 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 natural draft commercial
packaged boilers 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 (Feb. 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
[[Page 49206]]
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,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 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,
2001
The Treasury and General Government Appropriation Act, 2001 (44
U.S.C. 3516 note) requires agencies to review most disseminations of
information they make to the public under guidelines established by
each agency pursuant to general guidelines issued by the Office of
Management and Budget (OMB). The OMB's guidelines were published at 67
FR 8452 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 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 natural draft commercial packaged boilers 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 (Jan. 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 (Jan. 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 amend energy conservation
standards for natural draft commercial packaged boilers.
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 natural draft
commercial packaged boilers 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
[[Page 49207]]
encryption, and wherever possible, comments should include the
electronic signature of the author. No telefacsimiles (faxes) will be
accepted.
Pursuant to 10 CFR 1004.11, any person submitting information that
he or she believes to be confidential and exempt by law from public
disclosure should submit two well-marked copies: One copy of the
document marked ``confidential'' including all the information believed
to be confidential, and one copy of the document marked ``non-
confidential'' with 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 natural draft commercial packaged boilers:
Definition of ``natural draft commercial packaged
boiler'';
Whether classifying natural draft commercial packaged
boilers as covered equipment is necessary to carry out the purposes of
Part A-1 of EPCA; and
Availability or lack of availability of technologies for
improving the energy efficiency of natural draft commercial packaged
boilers.
DOE invites all interested parties to submit, in writing and by
September 12, 2013, comments and information on matters addressed in
this notice and on other matters relevant to a determination for
natural draft commercial packaged boilers. DOE is also interested in
receiving views concerning other issues relevant to amending the test
procedure and energy conservation standards for natural draft
commercial packaged boilers.
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 confirms in the final
determination that natural draft commercial packaged boilers qualify as
covered equipment, DOE may consider amendments to the test procedure
and energy conservation standards for natural draft commercial packaged
boilers as part of the upcoming rulemaking for commercial packaged
boilers generally. Members of the public will be given an opportunity
to submit written and oral comments on any proposed amended 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 August 7, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-19560 Filed 8-12-13; 8:45 am]
BILLING CODE 6450-01-P
