Energy Conservation Program: Energy Conservation Standards for Certain Consumer Products, 20091-20094 [2014-08223]
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20091
Rules and Regulations
Federal Register
Vol. 79, No. 70
Friday, April 11, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
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: Final rule.
AGENCY:
The U.S. Department of
Energy (DOE or the ‘‘Department’’)
adopts 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
document also removes 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superseded effective in 2006, and the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: The effective date of this rule is
May 12, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Lucas Adin, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC, 20585–0121, 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.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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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.
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II. Discussion
In today’s final rule, DOE is adopting
several changes to its regulations
regarding certain types of residential
central air conditioners, which DOE
proposed in a notice published on
December 20, 2013. 78 FR 77019.
Specifically, DOE proposed to amend
the Code of Federal Regulations (CFR) to
include the definitions for ‘‘through-thewall 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 proposed 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.
The December 20, 2013 proposed rule
also included a proposal to remove a
variety of provisions from 10 CFR
430.32(c) that reference historical
standards. Specifically, DOE proposed
to remove paragraph (c)(1) which
contains standards for certain products
manufactured between 1992/1993 and
2006. DOE also proposed 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 proposed to
remove 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 standards for TTW products
based on its analysis of the design
characteristics of these products. Id.
However, DOE also identified a concern
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that separate standards for TTW
products could encourage purchasers of
equipment covered by more stringent
standards to shift to TTW products. To
address this concern, DOE defined the
TTW product class as applicable 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 definition 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 applied to products
manufactured prior to 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 applicability of the
TTW product class and amended the
footnote to clarify the classification of
TTW products. 76 FR 37408, 37446.
Having received no public comments
on the proposals in the December 20,
2013 proposed rule, DOE is adopting the
proposed changes described in this
section. DOE notes that, while this final
rule removes the references to the nowdefunct TTW product class standards,
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.
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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
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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
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 reviewed the amendments in the
December 20, 2013 proposed rule under
the provisions of the Regulatory
Flexibility Act and the procedures and
policies published on February 19,
2003, and tentatively concluded that the
proposed rule, if adopted, would 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. DOE received
no comments objecting to this
conclusion. For these reasons, DOE
concludes and certifies that the rule
would not have a significant economic
impact on a substantial number of small
entities and has not prepared a
regulatory flexibility analysis. DOE has
transmitted the certification and
supporting statement of factual basis to
the Chief Counsel for Advocacy of the
SBA for review under 5 U.S.C. 605(b).
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
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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
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
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statement of policy describing the
intergovernmental consultation process
that it will follow in developing such
regulations. 65 FR 13735. DOE
examined this final 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.
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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 final
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,
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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
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 final 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 final 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
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20093
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 final 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)(i) is a significant regulatory
action under Executive Order 12866, or
any successor order; and (ii) is likely to
have a significant adverse effect on the
supply, distribution, or use of energy; or
(2) 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 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
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Attorney General and the Chairman of
the Federal Trade Commission (FTC)
concerning the impact of the
commercial or industry standards on
competition.
The 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 final rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on April 7,
2014.
David T. Danielson,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
For the reasons stated in the
preamble, DOE amends 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.
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*
*
*
*
*
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
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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;
(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 newly redesignated
paragraphs (c)(1)(v)(A) and (v)(B);
■ f. Further redesignating newly
redesignated paragraph (c)(1)(vi) as
paragraph (c)(1)(v);
■ g. Further redesignating newly
redesignated paragraphs (c)(1)(vii)(A)
and (vii)(B) as paragraphs (c)(1)(vi)(A)
and (vi)(B) respectively;
■ h. Removing footnote 1 to the table in
newly redesignated paragraph (c)(2);
■ i. Amending newly redesignated
paragraph (c)(3) by removing the
reference to ‘‘(c)(3)’’ and adding in its
place ‘‘(c)(2)’’; and
■ j. Amending newly redesignated
paragraph (c)(4), by removing the
references to ‘‘(c)(3)’’ in both places and
adding in their places, ‘‘(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. 2014–08223 Filed 4–10–14; 8:45 am]
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 14
[Docket No. FDA–2014–N–0355]
Advisory Committee: Bone,
Reproductive and Urologic Drugs
Advisory Committee
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final rule.
The Food and Drug
Administration (FDA) is amending the
standing advisory committees’
regulations to change the name and
function of the Advisory Committee for
Reproductive Health Drugs. This action
is being taken to reflect changes made
to the charter for this advisory
committee.
DATES: This rule is effective April 11,
2014.
FOR FURTHER INFORMATION CONTACT:
Teresa Hays, Committee Management
Officer, Food and Drug Administration,
10903 New Hampshire Ave., Silver
Spring, MD 20993, 301–796–8220.
SUPPLEMENTARY INFORMATION: FDA is
announcing that the name of the
Advisory Committee for Reproductive
Health Drugs, which was established on
March 23, 1978, has been changed. The
Agency decided that the name ‘‘Bone,
Reproductive and Urologic Drugs
Advisory Committee’’ more accurately
describes the subject areas for which the
committee is responsible. The
committee reviews and evaluates data
on the safety and effectiveness of
marketed and investigational human
drug products for use in the practice of
osteoporosis and metabolic bone
disease, obstetrics, gynecology, urology
and related specialties, and makes
appropriate recommendations to the
Commissioner of Food and Drugs.
The Bone, Reproductive and Urologic
Drugs Advisory Committee name was
changed and its functions expanded in
the charter renewal dated March 23,
2014. In this final rule, FDA is revising
21 CFR 14.100(c)(9) to reflect these
changes.
Publication of this final rule
constitutes a final action on this change
under the Administrative Procedure
Act. Under 5 U.S.C. 553(b)(B) and (d)
and 21 CFR 10.40(d) and (e), the Agency
finds good cause to dispense with notice
and public procedure and to proceed to
an immediately effective regulation.
Such notice and procedures are
unnecessary and are not in the public
SUMMARY:
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[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Rules and Regulations]
[Pages 20091-20094]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08223]
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Rules and Regulations
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Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Rules
and Regulations
[[Page 20091]]
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: Final rule.
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SUMMARY: The U.S. Department of Energy (DOE or the ``Department'')
adopts 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
document also removes 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: The effective date of this rule is May 12, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC, 20585-0121, 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.
SUPPLEMENTARY INFORMATION:
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.
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II. Discussion
In today's final rule, DOE is adopting several changes to its
regulations regarding certain types of residential central air
conditioners, which DOE proposed in a notice published on December 20,
2013. 78 FR 77019. Specifically, DOE proposed 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 proposed 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.
The December 20, 2013 proposed rule also included a proposal to
remove a variety of provisions from 10 CFR 430.32(c) that reference
historical standards. Specifically, DOE proposed to remove paragraph
(c)(1) which contains standards for certain products manufactured
between 1992/1993 and 2006. DOE also proposed 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 proposed to
remove 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 standards for TTW products based on its analysis of
the design characteristics of these products. Id. However, DOE also
identified a concern
[[Page 20092]]
that separate standards for TTW products could encourage purchasers of
equipment covered by more stringent standards to shift to TTW products.
To address this concern, DOE defined the TTW product class as
applicable 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 definition 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 applied to
products manufactured prior to 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 applicability of the TTW product class and amended the footnote to
clarify the classification of TTW products. 76 FR 37408, 37446.
Having received no public comments on the proposals in the December
20, 2013 proposed rule, DOE is adopting the proposed changes described
in this section. DOE notes that, while this final rule removes the
references to the now-defunct TTW product class standards, 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 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 reviewed the amendments in the December 20, 2013 proposed rule
under the provisions of the Regulatory Flexibility Act and the
procedures and policies published on February 19, 2003, and tentatively
concluded that the proposed rule, if adopted, would 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. DOE received no comments objecting to this
conclusion. For these reasons, DOE concludes and certifies that the
rule would not have a significant economic impact on a substantial
number of small entities and has not prepared a regulatory flexibility
analysis. DOE has transmitted the certification and supporting
statement of factual basis to the Chief Counsel for Advocacy of the SBA
for review under 5 U.S.C. 605(b).
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
[[Page 20093]]
statement of policy describing the intergovernmental consultation
process that it will follow in developing such regulations. 65 FR
13735. DOE examined this final 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 final 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 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 final 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 final 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 final 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)(i) is a significant regulatory action under Executive
Order 12866, or any successor order; and (ii) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (2) 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 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
[[Page 20094]]
Attorney General and the Chairman of the Federal Trade Commission (FTC)
concerning the impact of the commercial or industry standards on
competition.
The 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 final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Energy conservation,
Household appliances.
Issued in Washington, DC, on April 7, 2014.
David T. Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE amends 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;
(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 newly redesignated paragraphs (c)(1)(v)(A) and (v)(B);
0
f. Further redesignating newly redesignated paragraph (c)(1)(vi) as
paragraph (c)(1)(v);
0
g. Further redesignating newly redesignated paragraphs (c)(1)(vii)(A)
and (vii)(B) as paragraphs (c)(1)(vi)(A) and (vi)(B) respectively;
0
h. Removing footnote 1 to the table in newly redesignated paragraph
(c)(2);
0
i. Amending newly redesignated paragraph (c)(3) by removing the
reference to ``(c)(3)'' and adding in its place ``(c)(2)''; and
0
j. Amending newly redesignated paragraph (c)(4), by removing the
references to ``(c)(3)'' in both places and adding in their places,
``(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. 2014-08223 Filed 4-10-14; 8:45 am]
BILLING CODE 6450-01-P