Energy Conservation Program: Energy Conservation Standards for Certain Consumer Products, 77019-77023 [2013-30175]
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Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules
§ 1784.31
Exception authority.
The Administrator may, in individual
cases, make an exception to any
requirement or provision of this part
which is not inconsistent with the
authorizing statute or other applicable
law and is determined to be in the
Government’s best interest.
Additionally, in individual cases where
a proposed project does not meet the
definition of ‘‘Dire sanitation condition’’
in Section 1784.2, but an applicant is
able to satisfactorily demonstrate to the
Administrator of RUS that a water or
sewer system is deficient and negatively
impacts the health or safety of the
community, the Administrator of RUS
may consider funding under this Rule.
§ 1784.32–34
[Reserved]
Subpart E—Design Bidding,
Contracting, Constructing, and
Inspections
§ 1784.35
(1) To include in all contracts for
construction or repair a provision for
compliance with the Copeland ‘‘AntiKick Back’’ Act (18 U.S.C. 874) as
supplemented in Department of Labor
regulations (29 CFR, Part 3).
(2) To include in all contracts in
excess of $100,000 a provision that the
contractor agrees to comply with all the
requirements of the Clean Air Act (42
U.S.C. 7414) and Section 308 of the
Water Pollution Control Act (33 U.S.C.
1318) relating to inspection, monitoring,
entry, reports, and information, as well
as all other requirements specified in
Section 114 of the Clean Air Act and
Section 308 of the Water Pollution
Control Act and all regulations and
guidelines issued there under after the
award of the contract.
§ 1784.37 Procurement by Applicants
Eligible Under 1784.8(a)(1).
General.
This subpart is specifically designed
for use by owners including the
professional or technical consultants or
agents who provide assistance and
services such as engineering,
environmental, inspection, financial,
legal or other services related to
planning, designing, bidding,
contracting, and constructing water and
waste disposal facilities. These
procedures do not relieve the owner of
the contractual obligations that arise
from the procurement of these services.
For this subpart, an owner is defined as
an applicant, or grantee. For projects
administered by eligible applicants
identified in 1784.8(a)(2) or (3), 1784.36
of this subpart will be followed. For
eligible applicants identified in
1784.8(a)(1), the requirements outlined
in 1784.37 will be followed.
For grants proposed to be
administered directly by applicants
eligible under 1784.8(a)(1), the
requirements outlined in § 1780 subpart
C will be met by those eligible
applicants with the exception of the
following requirements:
(a) Preliminary engineering reports
and Environmental Reports (§ 1780.55).
Refer to the requirements of this subpart
and subpart C 1784.21(e)).
(b) Metering devices in § 1780.57(m).
(c) Utility Purchase Contracts in
§ 1780.62.
(d) Sewage treatment and bulk water
sales contracts in § 1780.63.
§ 1784.3 1784.99
[Reserved].
Dated: November 8, 2013.
John Charles Padalino,
Administrator,
Rural Utilities Service.
[FR Doc. 2013–30189 Filed 12–19–13; 8:45 am]
BILLING CODE P
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§ 1784.36 Procurement by Applicants
Eligible Under 1784.8(a)(2) and (3).
(a) For applicants eligible under
1784.8(a)(2) and (3), contracting and
procurement activities will follow DEC
or ANTHC policies, procedures and
methods. DEC and ANTHC’s practices
will be based on Uniform
Administrative Requirements for federal
grants and OMB requirements as
defined by applicable OMB Circulars.
Procurement procedures shall not
restrict or eliminate open and free
competition. In specifying materials,
DEC and ANTHC will consider all
materials normally suitable for the
project based on sound engineering
practices and project requirements.
(b) Contracts for construction or
repairs must contain the following
provisions:
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2013–BT–NOA–0047]
RIN 1904–AD08
Energy Conservation Program: Energy
Conservation Standards for Certain
Consumer Products
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Proposed rule; request for
comment.
AGENCY:
The U.S. Department of
Energy (DOE or the ‘‘Department’’)
proposes to adopt into the Code of
SUMMARY:
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77019
Federal Regulations the definitions for
‘‘through-the-wall central air
conditioner’’ and ‘‘through-the-wall
central air conditioning heat pump’’ that
were established in section 5 of the
American Energy Manufacturing
Technical Corrections Act. This notice
also proposes to remove the standards
for air conditioners that were
superseded effective in 2006, and the
now defunct references to the ‘‘throughthe-wall air conditioner and heat pump’’
product class, including the definition
and standards.
DATES: DOE will accept comments, data,
and information regarding this notice of
proposed rulemaking (NOPR) received
no later than January 21, 2014.
ADDRESSES: Any comments submitted
must identify the NOPR for the
AEMTCA amendments and provide
docket number EERE–2013–BT–NOA–
0047 and/or Regulation Identification
Number (RIN) 1904–AD08, by any of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
AEMTCATechAmend2013NOA0047@
ee.doe.gov. Include the docket number
EERE–2013–BT–NOA–0047 and/or RIN
1904–AD08 in the subject line of the
message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
[Please note that comments and CDs
sent by mail are often delayed and may
be damaged by mail screening
processes.]
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Telephone (202)
586–2945. If possible, please submit all
items on CD, in which case it is not
necessary to include printed copies.
Docket: The docket is available for
review at regulations.gov, including
Federal Register notices, framework
documents, public meeting attendee
lists and transcripts, comments, and
other supporting documents/materials.
All documents in the docket are listed
in the regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
information that is exempt from public
disclosure.
FOR MORE INFORMATION CONTACT: Mr.
Lucas Adin, U.S. Department of Energy,
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Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121, 202–287–
1317, email: Lucas.Adin@ee.doe.gov.
Jennifer Tiedeman, U.S. Department
of Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 287–6111. email:
Jennifer.Tiedeman@hq.doe.gov.
Table of Contents
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I. Background and Authority
II. Discussion
III. Procedural Requirements
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 Section 32 of the Federal
Energy Administration Act of 1974
IV. Approval of the Office of the Secretary
I. Background and Authority
The American Energy Manufacturing
Technical Corrections Act (AEMTCA),
Public Law 112–210, was signed into
law on December 18, 2012. Among its
provisions are amendments to Part B 1 of
Title III of the Energy Policy and
Conservation Act of 1975 (EPCA or ‘‘the
Act’’) (42 U.S.C. 6291–6309, as
codified), which provides for an energy
conservation program for consumer
products other than automobiles, and to
Part C 2 of Title III of EPCA (42 U.S.C.
6311–6317, as codified), which provides
for an energy conservation program for
certain commercial and industrial
equipment, similar to the one in Part B
for consumer products.3 Some of the
AEMTCA amendments to EPCA
establish or modify certain energy
conservation standards and related
definitions, and make technical changes
to the Act. Other AEMTCA amendments
to EPCA prescribe criteria for the
conduct of rulemakings to promulgate
energy conservation standards for
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
2 For editorial reasons, upon codification in the
U.S. Code, Part C was redesignated Part A–1.
3 All references to EPCA in this document refer
to the statute as amended through the enactment of
the AEMTCA.
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various consumer products and
commercial and industrial equipment,
or direct the Department of Energy
(DOE) to undertake rulemakings under
EPCA.
II. Discussion
In today’s notice, DOE is proposing to
amend the Code of Federal Regulations
(CFR) to include the definitions for
‘‘through-the-wall central air
conditioner’’ and ‘‘through-the-wall
central air conditioning heat pump’’ that
were prescribed by the AEMTCA. 42
U.S.C. 6295(d)(4)(A)(ii). DOE is
proposing to amend the language of its
regulations in 10 CFR 430.2 to adopt
these statutory definitions. Although the
definitions for ‘‘through-the-wall central
air conditioner’’ and ‘‘through-the-wall
central air conditioning heat pump’’ are
new, these through-the-wall (‘‘TTW’’)
products have been subject to standards
since 2006.
DOE is also proposing to remove a
variety of provisions from 10 CFR
430.32(c) that reference historical
standards. Specifically, DOE is
proposing to remove paragraph (c)(1)
which contains standards for certain
products manufactured between 1992/
1993 and 2006. DOE is also proposing
to amend its regulations in 10 CFR
430.32(c)(2) and (c)(3) to remove
references to the ‘‘through-the-wall air
conditioner and heat pump’’ product
class, which applied to certain products
manufactured prior to January 23, 2010.
To avoid confusion with the new
statutory definitions, DOE is also
removing the ‘‘through-the-wall air
conditioner and heat pump’’ product
class definition currently in 10 CFR
430.2.
Although DOE is removing the
outdated standards for the TTW product
classes, DOE wants to be clear that the
TTW products (for which this rule is
adding definitions) are currently subject
to standards. As discussed in a May 23,
2002 final rule that adopted amended
energy conservation standards for
several classes of residential central air
conditioners and heat pumps, DOE
initially created a separate product class
for TTW products. 67 FR 36368, 36397
DOE explained that it was adopting
separate and less stringent standards for
TTW products based on its analysis of
the design characteristics of these
products. Id. However, DOE also
identified a concern that lower
standards for TTW products could
encourage purchasers of equipment
covered by higher standards to shift to
TTW products, thus undermining the
standards for other products. To address
this concern, DOE limited the TTW
product class to products manufactured
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prior to January 23, 2010, and specified
that TTW products manufactured on or
after that date would have to comply
with the standard for other spaceconstrained products. 67 FR 36368,
36402
This provision was retained in the
August 17, 2004 technical amendment
that addressed the ruling of the U.S.
Court of Appeals for the Second Circuit,
which affected the standards for splitsystem and single-package central air
conditioners but did not affect the
standards for space-constrained and
TTW products. 69 FR 50997, 50998
Thus, the 2004 rule again specified that
the TTW standards would expire on
January 23, 2010 and that TTW products
manufactured on or after that date
would be subject to the spaceconstrained product class. The 2004
rule also included a footnote to the
standards table in 10 CFR 430.32(c)(2) to
ensure that this limitation was clear. Id.
Finally, in the June 27, 2011 direct final
rule that amended the current energy
efficiency standards for residential
central air conditioners and heat pumps,
DOE again affirmed the limited
applicability of the TTW product class
and amended the footnote to clarify the
classification of TTW products. 76 FR
37408, 37446
DOE is proposing to remove the
references to the now-defunct TTW
product class standards; however,
through-the-wall central air
conditioners and through-the-wall
central air conditioning heat pumps
must be assigned to a product class
based on the product’s characteristics.
Product class definitions can be found
in 10 CFR 430.2 and 10 CFR part 430,
subpart B, appendix M. DOE believes
that most, if not all, of the historicallycharacterized ‘‘through-the-wall’’
products will be assigned to one of the
space-constrained product classes.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today’s regulatory action is not a
‘‘significant regulatory action’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, 58 FR
51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under
that 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.) requires preparation
of an initial regulatory flexibility
analysis for any rule that by law must
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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. As
required by Executive Order 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
impacts of its rules on small entities are
properly considered during the
rulemaking process. 68 FR 7990. DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site (https://
www.energy.gov/gc).
DOE has reviewed the amendments
proposed in today’s notice under the
provisions of the Regulatory Flexibility
Act and the procedures and policies
published on February 19, 2003, and
has tentatively concluded that the
proposed rule, if adopted, will not have
a significant impact on small
manufacturers under the provisions of
the Regulatory Flexibility Act. These
amendments add new statutory
definitions for currently regulated
products and have no impact on the
applicable standards. These
amendments also remove outdated
regulatory requirements and do not
otherwise change the regulatory
framework for consumer products or
commercial and industrial equipment
that is currently in place. Accordingly,
DOE is certifying that, if adopted, the
changes proposed in this notice would
not have a significant economic impact
on a substantial number of small entities
and has not prepared a regulatory
flexibility analysis.
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of residential central
air conditioners and heat pumps must
certify to DOE that their products
comply with any applicable energy
conservation standards. In certifying
compliance, manufacturers must test
their products according to the DOE test
procedures for residential central air
conditioners and heat pumps, including
any amendments to these procedures.
DOE has established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment,
including residential central air
conditioners and heat pumps. (76 FR
12422 (March 7, 2011)) The collectionof-information requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
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approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 20 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
Pursuant to the National
Environmental Policy Act of 1969, DOE
has determined that this rule is covered
under the Categorical Exclusion found
in DOE’s National Environmental Policy
Act regulations at paragraph A.6 of
Appendix A to Subpart D, 10 CFR Part
1021, which applies to rulemakings that
are strictly procedural. Therefore, DOE
does not need to prepare an
Environmental Assessment or
Environmental Impact Statement for
this rule.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
imposes certain requirements on
agencies formulating and implementing
policies or regulations that preempt
State law or that have Federalism
implications. 64 FR 43255 (August 10,
1999). 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 carefully assess 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 the
development of 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. DOE
examined this proposed rule and
determined that it will not have a
substantial direct effect on the States, on
the relationship between the national
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 products that are the subject of
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today’s final rule. States can petition
DOE for exemption from such
preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C.
6297) No further action is required by
Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (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
Executive Order 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 Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or
whether it is unreasonable to meet one
or more of them. DOE has completed the
required review and determined that, to
the extent permitted by law, this
proposed rule meets the relevant
standards of Executive Order 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; 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 a regulatory action
resulting in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish estimates of
the resulting costs, benefits, and other
effects on the national economy. (2
U.S.C. 1532(a)–(b)) UMRA also requires
a Federal agency to develop an effective
process to permit timely input by
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elected officers of State, local, and
Tribal governments on a proposed
‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially-affected
small governments before establishing
any requirements that might
significantly or uniquely affect such
governments. On March 18, 1997, DOE
published a statement of policy on its
process for intergovernmental
consultation under UMRA. 62 FR
12820. (The policy is also available at
www.energy.gov/gc). Today’s proposed
rule contains neither an
intergovernmental mandate nor a
mandate that may result in an
expenditure of $100 million or more in
any year, so these 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.
Today’s proposed rule 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
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this regulation
would not result in any takings that
might require compensation under the
Fifth Amendment to the U.S.
Constitution.
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J. Review Under the Treasury and
General Government Appropriations
Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. 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 rule under OMB and
DOE guidelines and has concluded that
it is consistent with applicable policies
in those guidelines.
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K. Review Under Executive Order 13211
Executive Order 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 OIRA a Statement
of Energy Effects for any significant
energy action. A ‘‘significant energy
action’’ is defined as any action by an
agency that promulgates or is expected
to lead to promulgation of a final rule
and that (1) is a significant regulatory
action under Executive Order 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
OIRA as a significant energy action. For
any significant energy action, the agency
must give a detailed statement of any
adverse effects on energy supply,
distribution, or use if the regulation is
implemented, and of reasonable
alternatives to the action and their
expected benefits on energy supply,
distribution, and use. Today’s proposed
regulatory action is not a significant
regulatory action under Executive Order
12866. It has likewise not been
designated as a significant energy action
by the Administrator of OIRA.
Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy. Therefore,
it is not a significant energy action, and,
accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the DOE
Organization Act (Pub. L. 95–91; 42
U.S.C. 7101 et seq.), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977 (FEAA). (15
U.S.C. 788) Section 32 essentially
provides in part that, where a rule
authorizes or requires use of commercial
standards, the rulemaking must inform
the public of the use and background of
such standards. In addition, section
32(c) requires DOE to consult with the
Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition.
The proposed modifications to
regulatory definitions addressed by this
action do not incorporate testing
methods contained in any new
commercial standards not already
referenced by the test procedures.
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IV. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of today’s proposed rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on November
26, 2013.
David Danielson,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons stated in the
preamble, DOE proposes to amend part
430 of chapter II, subchapter D, of title
10, of the Code of Federal Regulations,
as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
1. The authority citation for part 430
continues to read as follows:
■
Authority: 42 U.S.C. 6291–6309; 28 U.S.C.
2461 note.
2. Section 430.2 is amended by
removing the definition of ‘‘through-thewall air conditioner and heat pump’’
and by adding, in alphabetical order,
definitions for ‘‘through-the-wall central
air conditioner’’ and ‘‘through-the-wall
central air conditioning heat pump’’ to
read as follows:
■
§ 430.2
Definitions.
*
*
*
*
*
Through-the-wall central air
conditioner means a central air
conditioner that is designed to be
installed totally or partially within a
fixed-size opening in an exterior wall,
and:
(1) Is not weatherized;
(2) Is clearly and permanently marked
for installation only through an exterior
wall;
(3) Has a rated cooling capacity no
greater than 30,000 Btu/hr;
(4) Exchanges all of its outdoor air
across a single surface of the equipment
cabinet; and
(5) Has a combined outdoor air
exchange area of less than 800 square
inches (split systems) or less than 1,210
square inches (single packaged systems)
as measured on the surface described in
paragraph (4) of this definition.
Through-the-wall central air
conditioning heat pump means a heat
pump that is designed to be installed
totally or partially within a fixed-size
opening in an exterior wall, and:
(1) Is not weatherized;
E:\FR\FM\20DEP1.SGM
20DEP1
Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules
(2) Is clearly and permanently marked
for installation only through an exterior
wall;
(3) Has a rated cooling capacity no
greater than 30,000 Btu/hr;
(4) Exchanges all of its outdoor air
across a single surface of the equipment
cabinet; and
(5) Has a combined outdoor air
exchange area of less than 800 square
inches (split systems) or less than 1,210
square inches (single packaged systems)
as measured on the surface described in
paragraph (4) of this definition.
*
*
*
*
*
■ 3. Section 430.32 is amended by
■ a. Revising the introductory text to
paragraph (c);
■ b. Removing paragraph (c)(1);
■ c. Redesignating paragraphs (c)(2)
through (c)(6) as (c)(1) through (c)(5)
respectively;
■ d. Removing footnote 1 to the table in
newly redesignated paragraph (c)(1);
■ e. Removing rows (v)(A) and (v)(B) in
the table in newly redesignated
paragraph (c)(1);
■ f. Redesignating row (vi) in the table
in newly redesignated paragraph (c)(1)
as row (v);
■ g. Redesignating rows (vii)(A) and
(vii)(B) in the table in newly
redesignated paragraph (c)(1) as rows
(vi)(A) and (vi)(B) respectively; and
■ h. Removing footnote 1 to the table in
newly redesignated paragraph (c)(2).
The revision reads as follows:
§ 430.32 Energy and water conservation
standards and their compliance dates.
*
*
*
*
*
(c) Central air conditioners and heat
pumps. The energy conservation
standards defined in terms of the
heating seasonal performance factor are
based on Region IV, the minimum
standardized design heating
requirement, and the sampling plan
stated in § 429.16 of this chapter.
*
*
*
*
*
[FR Doc. 2013–30175 Filed 12–19–13; 8:45 am]
BILLING CODE 6450–01–PC
DEPARTMENT OF TRANSPORTATION
wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0993; Airspace
Docket No. 13–ASW–28]
Proposed Establishment of Class E
Airspace; Tucumcari, NM
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
AGENCY:
VerDate Mar<15>2010
14:54 Dec 19, 2013
Jkt 232001
Notice of proposed rulemaking
(NPRM).
ACTION:
This action proposes to
establish Class E airspace at the
Tucumcari VHF Omni-Directional Radio
Range Tactical Air Navigation Aid
(VORTAC), Tucumcari, NM, to facilitate
vectoring of Instrument Flight Rules
(IFR) aircraft under control of
Albuquerque Air Route Traffic Control
Center (ARTCC). The FAA is proposing
this action to enhance the safety and
management of aircraft operations
within the National Airspace System.
DATES: Comments must be received on
or before February 3, 2014.
ADDRESSES: Send comments on this
proposal to the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC 20590; telephone (202)
366–9826. You must identify FAA
Docket No. FAA–2013–0993; Airspace
Docket No. 13–ASW–28, at the
beginning of your comments. You may
also submit comments through the
Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Eldon Taylor, Federal Aviation
Administration, Operations Support
Group, Western Service Center, 1601
Lind Avenue SW., Renton, WA 98057;
telephone (425) 203–4537.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Comments Invited
Interested parties are invited to
participate in this proposed rulemaking
by submitting such written data, views,
or arguments, as they may desire.
Comments that provide the factual basis
supporting the views and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory, aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers (FAA Docket No. FAA
2013–0993 and Airspace Docket No. 13–
ASW–28) and be submitted in triplicate
to the Docket Management System (see
ADDRESSES section for address and
phone number). You may also submit
comments through the Internet at
https://www.regulations.gov.
Commenters wishing the FAA to
acknowledge receipt of their comments
on this action must submit with those
comments a self-addressed stamped
postcard on which the following
statement is made: ‘‘Comments to FAA
Docket No. FAA–2013–0993 and
Airspace Docket No. 13–ASW–28’’. The
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
77023
postcard will be date/time stamped and
returned to the commenter.
All communications received on or
before the specified closing date for
comments will be considered before
taking action on the proposed rule. The
proposal contained in this action may
be changed in light of comments
received. All comments submitted will
be available for examination in the
public docket both before and after the
closing date for comments. A report
summarizing each substantive public
contact with FAA personnel concerned
with this rulemaking will be filed in the
docket.
Availability of NPRMs
An electronic copy of this document
may be downloaded through the
Internet at https://www.regulations.gov.
Recently published rulemaking
documents can also be accessed through
the FAA’s Web page at https://
www.faa.gov/airports_airtraffic/air_
traffic/publications/airspace_
amendments/.
You may review the public docket
containing the proposal, any comments
received, and any final disposition in
person in the Dockets Office (see the
ADDRESSES section for the address and
phone number) between 9:00 a.m. and
5:00 p.m., Monday through Friday,
except federal holidays. An informal
docket may also be examined during
normal business hours at the Northwest
Mountain Regional Office of the Federal
Aviation Administration, Air Traffic
Organization, Western Service Center,
Operations Support Group, 1601 Lind
Avenue SW., Renton, WA 98057.
Persons interested in being placed on
a mailing list for future NPRMs should
contact the FAA’s Office of Rulemaking,
(202) 267–9677, for a copy of Advisory
Circular No. 11–2A, Notice of Proposed
Rulemaking Distribution System, which
describes the application procedure.
The Proposal
The FAA is proposing an amendment
to Title 14 Code of Federal Regulations
(14 CFR) Part 71 by establishing Class E
en route domestic airspace extending
upward from 1,200 feet above the
surface at the Tucumcari VORTAC
navigation aid, Tucumcari, NM. This
action would contain aircraft while in
IFR conditions under control of
Albuquerque ARTCC by vectoring
aircraft from en route airspace to
terminal areas.
Class E airspace designations are
published in paragraph 6006, of FAA
Order 7400.9X, dated August 7, 2013,
and effective September 15, 2013, which
is incorporated by reference in 14 CFR
71.1. The Class E airspace designation
E:\FR\FM\20DEP1.SGM
20DEP1
]]>Agencies
[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Proposed Rules]
[Pages 77019-77023]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30175]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2013-BT-NOA-0047]
RIN 1904-AD08
Energy Conservation Program: Energy Conservation Standards for
Certain Consumer Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed rule; request for comment.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or the ``Department'')
proposes to adopt into the Code of Federal Regulations the definitions
for ``through-the-wall central air conditioner'' and ``through-the-wall
central air conditioning heat pump'' that were established in section 5
of the American Energy Manufacturing Technical Corrections Act. This
notice also proposes to remove the standards for air conditioners that
were superseded effective in 2006, and the now defunct references to
the ``through-the-wall air conditioner and heat pump'' product class,
including the definition and standards.
DATES: DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) received no later than January 21,
2014.
ADDRESSES: Any comments submitted must identify the NOPR for the AEMTCA
amendments and provide docket number EERE-2013-BT-NOA-0047 and/or
Regulation Identification Number (RIN) 1904-AD08, by any of the
following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: AEMTCATechAmend2013NOA0047@ee.doe.gov. Include the
docket number EERE-2013-BT-NOA-0047 and/or RIN 1904-AD08 in the subject
line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue
SW., Washington, DC 20585-0121. If possible, please submit all items on
a compact disc (CD), in which case it is not necessary to include
printed copies. [Please note that comments and CDs sent by mail are
often delayed and may be damaged by mail screening processes.]
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone (202) 586-2945. If possible,
please submit all items on CD, in which case it is not necessary to
include printed copies.
Docket: The docket is available for review at regulations.gov,
including Federal Register notices, framework documents, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. All documents in the docket are listed in the
regulations.gov index. However, not all documents listed in the index
may be publicly available, such as information that is exempt from
public disclosure.
FOR MORE INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of
Energy,
[[Page 77020]]
Office of Energy Efficiency and Renewable Energy, Building Technologies
Program, EE-2J, 1000 Independence Avenue SW., Washington, DC, 20585-
0121, 202-287-1317, email: Lucas.Adin@ee.doe.gov.
Jennifer Tiedeman, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6111. email: Jennifer.Tiedeman@hq.doe.gov.
Table of Contents
I. Background and Authority
II. Discussion
III. Procedural Requirements
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 Section 32 of the Federal Energy Administration
Act of 1974
IV. Approval of the Office of the Secretary
I. Background and Authority
The American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210, was signed into law on December 18, 2012.
Among its provisions are amendments to Part B \1\ of Title III of the
Energy Policy and Conservation Act of 1975 (EPCA or ``the Act'') (42
U.S.C. 6291-6309, as codified), which provides for an energy
conservation program for consumer products other than automobiles, and
to Part C \2\ of Title III of EPCA (42 U.S.C. 6311-6317, as codified),
which provides for an energy conservation program for certain
commercial and industrial equipment, similar to the one in Part B for
consumer products.\3\ Some of the AEMTCA amendments to EPCA establish
or modify certain energy conservation standards and related
definitions, and make technical changes to the Act. Other AEMTCA
amendments to EPCA prescribe criteria for the conduct of rulemakings to
promulgate energy conservation standards for various consumer products
and commercial and industrial equipment, or direct the Department of
Energy (DOE) to undertake rulemakings under EPCA.
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\2\ For editorial reasons, upon codification in the U.S. Code,
Part C was redesignated Part A-1.
\3\ All references to EPCA in this document refer to the statute
as amended through the enactment of the AEMTCA.
---------------------------------------------------------------------------
II. Discussion
In today's notice, DOE is proposing to amend the Code of Federal
Regulations (CFR) to include the definitions for ``through-the-wall
central air conditioner'' and ``through-the-wall central air
conditioning heat pump'' that were prescribed by the AEMTCA. 42 U.S.C.
6295(d)(4)(A)(ii). DOE is proposing to amend the language of its
regulations in 10 CFR 430.2 to adopt these statutory definitions.
Although the definitions for ``through-the-wall central air
conditioner'' and ``through-the-wall central air conditioning heat
pump'' are new, these through-the-wall (``TTW'') products have been
subject to standards since 2006.
DOE is also proposing to remove a variety of provisions from 10 CFR
430.32(c) that reference historical standards. Specifically, DOE is
proposing to remove paragraph (c)(1) which contains standards for
certain products manufactured between 1992/1993 and 2006. DOE is also
proposing to amend its regulations in 10 CFR 430.32(c)(2) and (c)(3) to
remove references to the ``through-the-wall air conditioner and heat
pump'' product class, which applied to certain products manufactured
prior to January 23, 2010. To avoid confusion with the new statutory
definitions, DOE is also removing the ``through-the-wall air
conditioner and heat pump'' product class definition currently in 10
CFR 430.2.
Although DOE is removing the outdated standards for the TTW product
classes, DOE wants to be clear that the TTW products (for which this
rule is adding definitions) are currently subject to standards. As
discussed in a May 23, 2002 final rule that adopted amended energy
conservation standards for several classes of residential central air
conditioners and heat pumps, DOE initially created a separate product
class for TTW products. 67 FR 36368, 36397 DOE explained that it was
adopting separate and less stringent standards for TTW products based
on its analysis of the design characteristics of these products. Id.
However, DOE also identified a concern that lower standards for TTW
products could encourage purchasers of equipment covered by higher
standards to shift to TTW products, thus undermining the standards for
other products. To address this concern, DOE limited the TTW product
class to products manufactured prior to January 23, 2010, and specified
that TTW products manufactured on or after that date would have to
comply with the standard for other space-constrained products. 67 FR
36368, 36402
This provision was retained in the August 17, 2004 technical
amendment that addressed the ruling of the U.S. Court of Appeals for
the Second Circuit, which affected the standards for split-system and
single-package central air conditioners but did not affect the
standards for space-constrained and TTW products. 69 FR 50997, 50998
Thus, the 2004 rule again specified that the TTW standards would expire
on January 23, 2010 and that TTW products manufactured on or after that
date would be subject to the space-constrained product class. The 2004
rule also included a footnote to the standards table in 10 CFR
430.32(c)(2) to ensure that this limitation was clear. Id. Finally, in
the June 27, 2011 direct final rule that amended the current energy
efficiency standards for residential central air conditioners and heat
pumps, DOE again affirmed the limited applicability of the TTW product
class and amended the footnote to clarify the classification of TTW
products. 76 FR 37408, 37446
DOE is proposing to remove the references to the now-defunct TTW
product class standards; however, through-the-wall central air
conditioners and through-the-wall central air conditioning heat pumps
must be assigned to a product class based on the product's
characteristics. Product class definitions can be found in 10 CFR 430.2
and 10 CFR part 430, subpart B, appendix M. DOE believes that most, if
not all, of the historically-characterized ``through-the-wall''
products will be assigned to one of the space-constrained product
classes.
III. Procedural Requirements
A. Review Under Executive Order 12866
Today's regulatory action is not a ``significant regulatory
action'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under that 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.) requires
preparation of an initial regulatory flexibility analysis for any rule
that by law must
[[Page 77021]]
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. As required by
Executive Order 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 impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE has made its
procedures and policies available on the Office of the General
Counsel's Web site (https://www.energy.gov/gc).
DOE has reviewed the amendments proposed in today's notice under
the provisions of the Regulatory Flexibility Act and the procedures and
policies published on February 19, 2003, and has tentatively concluded
that the proposed rule, if adopted, will not have a significant impact
on small manufacturers under the provisions of the Regulatory
Flexibility Act. These amendments add new statutory definitions for
currently regulated products and have no impact on the applicable
standards. These amendments also remove outdated regulatory
requirements and do not otherwise change the regulatory framework for
consumer products or commercial and industrial equipment that is
currently in place. Accordingly, DOE is certifying that, if adopted,
the changes proposed in this notice would not have a significant
economic impact on a substantial number of small entities and has not
prepared a regulatory flexibility analysis.
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of residential central air conditioners and heat
pumps must certify to DOE that their products comply with any
applicable energy conservation standards. In certifying compliance,
manufacturers must test their products according to the DOE test
procedures for residential central air conditioners and heat pumps,
including any amendments to these procedures. DOE has established
regulations for the certification and recordkeeping requirements for
all covered consumer products and commercial equipment, including
residential central air conditioners and heat pumps. (76 FR 12422
(March 7, 2011)) The collection-of-information requirement for the
certification and recordkeeping is subject to review and approval by
OMB under the Paperwork Reduction Act (PRA). This requirement has been
approved by OMB under OMB control number 1910-1400. Public reporting
burden for the certification is estimated to average 20 hours per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
Pursuant to the National Environmental Policy Act of 1969, DOE has
determined that this rule is covered under the Categorical Exclusion
found in DOE's National Environmental Policy Act regulations at
paragraph A.6 of Appendix A to Subpart D, 10 CFR Part 1021, which
applies to rulemakings that are strictly procedural. Therefore, DOE
does not need to prepare an Environmental Assessment or Environmental
Impact Statement for this rule.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' imposes certain requirements
on agencies formulating and implementing policies or regulations that
preempt State law or that have Federalism implications. 64 FR 43255
(August 10, 1999). 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 carefully assess
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 the development of 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. DOE examined this proposed rule and
determined that it will not have a substantial direct effect on the
States, on the relationship between the national 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
products that are the subject of today's final rule. States can
petition DOE for exemption from such preemption to the extent, and
based on criteria, set forth in EPCA. (42 U.S.C. 6297) No further
action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (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 Executive Order 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 Executive Order 12988
requires Executive agencies to review regulations in light of
applicable standards in sections 3(a) and 3(b) to determine whether
they are met or whether it is unreasonable to meet one or more of them.
DOE has completed the required review and determined that, to the
extent permitted by law, this proposed rule meets the relevant
standards of Executive Order 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; 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 a regulatory action resulting
in a rule that may cause the expenditure by State, local, and Tribal
governments, in the aggregate, or by the private sector of $100 million
or more in any one year (adjusted annually for inflation), section 202
of UMRA requires a Federal agency to publish estimates of the resulting
costs, benefits, and other effects on the national economy. (2 U.S.C.
1532(a)-(b)) UMRA also requires a Federal agency to develop an
effective process to permit timely input by
[[Page 77022]]
elected officers of State, local, and Tribal governments on a proposed
``significant intergovernmental mandate,'' and requires an agency plan
for giving notice and opportunity for timely input to potentially-
affected small governments before establishing any requirements that
might significantly or uniquely affect such governments. On March 18,
1997, DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is
also available at www.energy.gov/gc). Today's proposed rule contains
neither an intergovernmental mandate nor a mandate that may result in
an expenditure of $100 million or more in any year, so these
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.
Today's proposed rule 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
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation 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
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. 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 rule under OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 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 OIRA
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final rule
and that (1) is a significant regulatory action under Executive Order
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 OIRA as a significant energy action.
For any significant energy action, the agency must give a detailed
statement of any adverse effects on energy supply, distribution, or use
if the regulation is implemented, and of reasonable alternatives to the
action and their expected benefits on energy supply, distribution, and
use. Today's proposed regulatory action is not a significant regulatory
action under Executive Order 12866. It has likewise not been designated
as a significant energy action by the Administrator of OIRA. Moreover,
it would not have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, it is not a significant
energy action, and, accordingly, DOE has not prepared a Statement of
Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42
U.S.C. 7101 et seq.), DOE must comply with section 32 of the Federal
Energy Administration Act of 1974, as amended by the Federal Energy
Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788)
Section 32 essentially provides in part that, where a rule authorizes
or requires use of commercial standards, the rulemaking must inform the
public of the use and background of such standards. In addition,
section 32(c) requires DOE to consult with the Attorney General and the
Chairman of the Federal Trade Commission (FTC) concerning the impact of
the commercial or industry standards on competition.
The proposed modifications to regulatory definitions addressed by
this action do not incorporate testing methods contained in any new
commercial standards not already referenced by the test procedures.
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of today's
proposed rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on November 26, 2013.
David Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE proposes to amend part
430 of chapter II, subchapter D, of title 10, of the Code of Federal
Regulations, as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.2 is amended by removing the definition of ``through-
the-wall air conditioner and heat pump'' and by adding, in alphabetical
order, definitions for ``through-the-wall central air conditioner'' and
``through-the-wall central air conditioning heat pump'' to read as
follows:
Sec. 430.2 Definitions.
* * * * *
Through-the-wall central air conditioner means a central air
conditioner that is designed to be installed totally or partially
within a fixed-size opening in an exterior wall, and:
(1) Is not weatherized;
(2) Is clearly and permanently marked for installation only through
an exterior wall;
(3) Has a rated cooling capacity no greater than 30,000 Btu/hr;
(4) Exchanges all of its outdoor air across a single surface of the
equipment cabinet; and
(5) Has a combined outdoor air exchange area of less than 800
square inches (split systems) or less than 1,210 square inches (single
packaged systems) as measured on the surface described in paragraph (4)
of this definition.
Through-the-wall central air conditioning heat pump means a heat
pump that is designed to be installed totally or partially within a
fixed-size opening in an exterior wall, and:
(1) Is not weatherized;
[[Page 77023]]
(2) Is clearly and permanently marked for installation only through
an exterior wall;
(3) Has a rated cooling capacity no greater than 30,000 Btu/hr;
(4) Exchanges all of its outdoor air across a single surface of the
equipment cabinet; and
(5) Has a combined outdoor air exchange area of less than 800
square inches (split systems) or less than 1,210 square inches (single
packaged systems) as measured on the surface described in paragraph (4)
of this definition.
* * * * *
0
3. Section 430.32 is amended by
0
a. Revising the introductory text to paragraph (c);
0
b. Removing paragraph (c)(1);
0
c. Redesignating paragraphs (c)(2) through (c)(6) as (c)(1) through
(c)(5) respectively;
0
d. Removing footnote 1 to the table in newly redesignated paragraph
(c)(1);
0
e. Removing rows (v)(A) and (v)(B) in the table in newly redesignated
paragraph (c)(1);
0
f. Redesignating row (vi) in the table in newly redesignated paragraph
(c)(1) as row (v);
0
g. Redesignating rows (vii)(A) and (vii)(B) in the table in newly
redesignated paragraph (c)(1) as rows (vi)(A) and (vi)(B) respectively;
and
0
h. Removing footnote 1 to the table in newly redesignated paragraph
(c)(2).
The revision reads as follows:
Sec. 430.32 Energy and water conservation standards and their
compliance dates.
* * * * *
(c) Central air conditioners and heat pumps. The energy
conservation standards defined in terms of the heating seasonal
performance factor are based on Region IV, the minimum standardized
design heating requirement, and the sampling plan stated in Sec.
429.16 of this chapter.
* * * * *
[FR Doc. 2013-30175 Filed 12-19-13; 8:45 am]
BILLING CODE 6450-01-PC
