Energy Conservation Program: Proposed Determination of Air Cleaners as a Covered Consumer Product, 51629-51636 [2021-19950]
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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
§ 1207.320 Establishment and
membership.
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(b) Producer membership on the
Board shall be determined on the basis
of potato production reported in the
latest Crop Production Annual
Summary Report issued by the National
Agricultural Statistics Service of the
U.S. Department of Agriculture. If a
State’s potato production data is not
provided by the National Agricultural
Statistics Service, the Board may use an
alternative data source that reliably
reflects potato production in the United
States. Unless the Secretary, upon
recommendation of the Board,
determines an alternate basis, for each
five million hundredweight of such
production, or major fraction thereof,
produced within each State, such State
shall be entitled to one member.
However, each State shall initially be
entitled to at least one member.
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■ 3. Revise § 1207.502(a) to read as
follows:
§ 1207.502
Determination of membership.
(a) Pursuant to § 1207.320 and the
recommendation of the Board, annual
producer memberships on the Board
shall be determined on the basis of the
average potato production during the 3
preceding years in each State as set forth
in the Crop Production Annual
Summary Reports issued by the
National Agricultural Statistics Service
of the U.S. Department of Agriculture. If
a State’s potato production data is not
provided by the National Agricultural
Statistics Service, the Board may use an
alternative data source that reliably
reflects potato production in the United
States.
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■ 4. Revise § 1207.510 (b)(3) to read as
follows:
§ 1207.510
Levy of assessments.
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(b) * * *
(3) The Harmonized Tariff Schedule
(HTS) categories and assessment rates
on imported tablestock potatoes and
frozen or processed potatoes for
ultimate consumption by humans and
on imported seed potatoes are listed in
the following table. In the event that any
HTS number subject to assessment is
changed and such change is merely a
replacement of a previous number and
has no impact on the description of the
potatoes, assessments will continue to
be collected based on these new
numbers.
TABLE 2 TO PARAGRAPH (b)(3)
Assessment
Tablestock potatoes, frozen or processed potatoes, and seed potatoes
Cents/cwt
0701.10.0020
0701.10.0040
0701.90.1000
0701.90.5015
0701.90.5025
0701.90.5035
0701.90.5045
0701.90.5055
0701.90.5065
0710.10.0000
2004.10.4000
2004.10.8020
2004.10.8040
2005.20.0070
0712.90.3000
1105.10.0000
1105.20.0000
2005.20.0040
2005.20.0020
1108.13.0010
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5. Revise § 1207.513 (c)(1) to read as
follows:
assessment is due together with a report
(preferably on Board forms) thereon.
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§ 1207.513
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
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Payment of assessments.
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(c) Payment directly to the Board. (1)
Except as provided in paragraphs (b)
and (d) of this section, each designated
handler or importer shall remit
assessments directly to the Board by
check or electronic payment. Checks are
to be made payable to the National
Potato Promotion Board or the Board’s
official doing business as name.
Payment is due not later than 10 days
after the end of the month such
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[FR Doc. 2021–19676 Filed 9–15–21; 8:45 am]
BILLING CODE P
PO 00000
Cents/kg
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
3.0
6.0
6.0
6.0
6.0
4.716
21.429
21.429
21.429
21.429
12.240
27.0
0.066
0.066
0.066
0.066
0.066
0.066
0.066
0.066
0.066
0.132
0.132
0.132
0.132
0.104
0.472
0.472
0.472
0.472
0.27
0.595
DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE–2021–BT–DET–0022]
RIN 1904–AF25
Energy Conservation Program:
Proposed Determination of Air
Cleaners as a Covered Consumer
Product
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notification of proposed
determination and request for comment.
AGENCY:
The U.S. Department of
Energy (‘‘DOE’’) has tentatively
SUMMARY:
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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
determined that air cleaners qualify as
a covered product under Part A of Title
III of the Energy Policy and
Conservation Act (‘‘EPCA’’), as
amended. DOE has tentatively
determined that coverage of air cleaners
is necessary and appropriate to carry out
the purposes of EPCA, and that the
average U.S. household energy use for
air cleaners is likely to exceed 100
kilowatt-hours per year.
DATES: Written comments, data, and
information are requested and will be
accepted on or before November 15,
2021.
Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2021–BT–DET–0022, by
any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to
AirCleaners2021DET0022@ee.doe.gov.
Include docket number EERE–2021–BT–
DET–0022 in the subject line of the
message.
No telefacsimiles (‘‘faxes’’) will be
accepted. For detailed instructions on
submitting comments and additional
information on this process, see section
VI of this document.
Although DOE has routinely accepted
public comment submissions through a
variety of mechanisms, including postal
mail and hand delivery/courier, DOE
has found it necessary to make
temporary modifications to the
comment submission process in light of
the ongoing COVID–19 pandemic. DOE
is currently suspending receipt of public
comments via postal mail and hand
delivery/courier. If a commenter finds
that this change poses an undue
hardship, please contact Appliance
Standards Program staff at (202) 586–
1445 to discuss the need for alternative
arrangements. Once the COVID–19
pandemic health emergency is resolved,
DOE anticipates resuming all of its
regular options for public comment
submission, including postal mail and
hand delivery/courier.
Docket: The docket, which includes
Federal Register notices, comments,
and other supporting documents/
materials, is available for review at
www.regulations.gov. All documents in
the docket are listed in the
www.regulations.gov index. However,
not all documents listed in the index
may be publicly available, such as
ADDRESSES:
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information that is exempt from public
disclosure.
The docket web page can be found at
www.regulations.gov/docket/EERE2021-BT-DET-0022. The docket web
page contains instructions on how to
access all documents, including public
comments, in the docket. See section VI,
‘‘Public Participation,’’ for further
information on how to submit
comments through
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW,
Washington, DC 20585–0121.
Telephone: (202) 287–1943. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Linda Field, U.S. Department of
Energy, Office of the General Counsel,
GC–33, 1000 Independence Avenue
SW, Washington, DC 20585–0121.
Telephone: (202) 586–3440. Email:
Linda.Field@hq.doe.gov.
For further information on how to
submit a comment or review other
public comments and the docket,
contact the Appliance and Equipment
Standards Program staff at (202) 287–
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Scope of Coverage
IV. Evaluation of Air Cleaners as a Covered
Product Subject to Energy Conservation
Standards
A. Coverage Necessary or Appropriate To
Carry Out Purposes of EPCA
B. Average Household Energy Use
C. Preliminary Determination
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General
Government Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Information Quality
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
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VII. Approval of the Office of the Secretary
I. Statutory Authority
EPCA 1 authorizes DOE to regulate the
energy efficiency of a number of
consumer products and certain
industrial equipment. (42 U.S.C. 6291–
6317) Title III, Part B 2 of EPCA
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles, which sets forth a
variety of provisions designed to
improve energy efficiency for certain
consumer products, referred to generally
as ‘‘covered products.’’ 3 In addition to
specifying a list of consumer products
that are covered products, EPCA
contains provisions that enable the
Secretary of Energy to classify
additional types of consumer products
as covered products. For a given
consumer product to be classified as a
covered product, the Secretary must
determine that:
(1) Classifying the product as a
covered product is necessary or
appropriate to carry out the purposes of
EPCA; and
(2) The average annual perhousehold 4 energy use by products of
such type is likely to exceed 100
kilowatt-hours (‘‘kWh’’) (or its British
thermal unit (‘‘Btu’’) equivalent) per
year. (42 U.S.C. 6292(b)(1))
When attempting to cover additional
consumer product types, DOE must first
determine whether these criteria from
42 U.S.C. 6292(b)(1) are met. Once a
determination is made, the Secretary
may prescribe test procedures to
measure the energy efficiency or energy
use of such product. (42 U.S.C.
1 All references to EPCA in this document refer
to the statute as amended through the Energy Act
of 2020, Public Law 116–260 (Dec. 27, 2020).
2 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated Part A.
3 The enumerated list of covered products is at 42
U.S.C. 6292(a)(1)–(19).
4 DOE has defined ‘‘household’’ to mean an entity
consisting of either an individual, a family, or a
group of unrelated individuals, who reside in a
particular housing unit. For the purpose of this
definition:
(1) Group quarters means living quarters that are
occupied by an institutional group of 10 or more
unrelated persons, such as a nursing home, military
barracks, halfway house, college dormitory,
fraternity or sorority house, convent, shelter, jail or
correctional institution.
(2) Housing unit means a house, an apartment, a
group of rooms, or a single room occupied as
separate living quarters, but does not include group
quarters.
(3) Separate living quarters means living quarters:
(i) To which the occupants have access either:
(A) Directly from outside of the building, or
(B) Through a common hall that is accessible to
other living quarters and that does not go through
someone else’s living quarters, and
(ii) Occupied by one or more persons who live
and eat separately from occupant(s) of other living
quarters, if any, in the same building. 10 CFR 430.2.
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6293(a)(1)(B)) Furthermore, once a
product is determined to be a covered
product, the Secretary may set standards
for such product, subject to the
provisions in 42 U.S.C. 6295(o) and (p),
provided that DOE determines that four
additional criteria at 42 U.S.C. 6295(l)
have been met. Specifically, 42 U.S.C.
6295(l) requires the Secretary to
determine that:
(1) The average household energy use
of the products has exceeded 150 kWh
per household for a 12-month period;
(2) The aggregate 12-month energy use
of the products has exceeded 4200
gigawatt-hours;
(3) Substantial improvement in energy
efficiency of products of such type is
technologically feasible; and
(4) Application of a labeling rule
under 42 U.S.C. 6294 is unlikely to be
sufficient to induce manufacturers to
produce, and consumers and other
persons to purchase, covered products
of such type (or class) that achieve the
maximum energy efficiency that is
technologically feasible and
economically justified. (42 U.S.C.
6295(l)(1))
II. Current Rulemaking Process
DOE has not previously conducted a
rulemaking for air cleaners. If, after
public comment, DOE issues a final
determination of coverage for this
product, DOE may prescribe both test
procedures and energy conservation
standards for this product. DOE will
publish a final decision on coverage as
a separate notice, an action that will be
completed prior to the initiation of any
test procedure or energy conservation
standards rulemaking. 10 CFR part 430
subpart C appendix A section 5(c). If
DOE determines that coverage is
warranted, DOE will proceed with its
typical rulemaking process for both test
procedures and standards. Id. DOE is
not proposing test procedures or energy
conservation standards as part of this
proposed determination. If DOE
proceeds with a rulemaking to establish
energy conservation standards, DOE
would determine if air cleaners satisfy
the provisions of 42 U.S.C. 6295(l)(1)
during the course of that rulemaking.
III. Scope of Coverage
Air cleaners are products that remove,
destroy, or deactivate particulate matter
and other contaminants from the air to
improve indoor air quality. A wide
range of consumer air cleaner products
are available on the market, including
tabletop units, units sized for single
rooms or multiple rooms, and wholehome units integrated into a central
heating and cooling system. Air cleaners
employ a wide variety of technologies to
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remove particulate matter and other
contaminants from the air, and may also
provide air circulation or
humidification, and other forms of
indoor air quality improvement.
To help inform its proposed scope of
coverage, DOE utilized existing
classifications of air cleaners developed
by the Association of Home Appliance
Manufacturers (‘‘AHAM’’)—the industry
trade group for air cleaners—and the
U.S. Environmental Protection Agency’s
(‘‘EPA’s’’) ENERGY STAR® program, as
well as additional market research
conducted by DOE. The following
paragraphs discuss DOE’s
considerations from these sources and
present the proposed definition that
would provide the basis for coverage of
air cleaners under EPCA.
AHAM publishes a standard method
of test, certified by American National
Standards Institute (‘‘ANSI’’), for
measuring the performance of portable
household electric room air cleaners,
titled ANSI/AHAM AC–1–2020 Portable
Household Electric Room Air Cleaners
(‘‘ANSI/AHAM AC–1–2020’’).5 AHAM
describes this standard as establishing a
uniform, repeatable procedure or
standard method for measuring
specified product characteristics of
household portable air cleaners. The
standard methods provide a means to
compare and evaluate different brands
and models of household portable air
cleaners on the basis of characteristics
significant to product use. Section 3.1 of
ANSI/AHAM AC–1–2020 defines
‘‘Portable Household Electric Room Air
Cleaner (‘Air Cleaner’)’’ as ‘‘[a]n electric
appliance with the function of removing
particulate matter from the air and
which can be moved from room to
room. Hereinafter referred to as ‘air
cleaner’.’’ In addition, Sections 3.1.1
through 3.1.6 of ANSI/AHAM AC–1–
2020 define the following installation
configurations of air cleaners:
(1) Air Cleaner—Floor Type: Floor
type air cleaners are designed to stand
alone on the floor of a room and are
designated as stand-alone floor models
by the manufacturer. Appliances of this
type are tested on the floor facing the
test window as close to the center of the
test chamber as possible.
(2) Air Cleaner—Table Type: Table
type air cleaners are designed to set on
a table or counter by the manufacturer.
Appliances of this type are tested on the
table stand facing the test window at the
center of the test chamber.
(3) Air Cleaner—Wall Type: Wall type
air cleaners are designed either to attach
5 ANSI/AHAM AC–1–2020 available at AHAM
website at www.aham.org/
itemdetail?iproductcode=30002&category=padstd.
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51631
to a wall and are designated as wall
mountable by the manufacturer or as a
plug-in air cleaner. A wall type air
cleaner must include appropriate wall
mounting brackets or specifically
designated instructions to mount the air
cleaner integrally to the wall (i.e., not a
shelf). Appliances of this type are tested
on the wall mount stand facing the test
window placed at the center of the test
chamber.
(4) Air Cleaner—Combination Type:
Combination type air cleaners are
designed to operate in one or more
orientations/positions (floor, table, wall)
as designed by the manufacturer. A
combination type air cleaner may be
tested at the center of the test chamber
facing the test window on the floor,
table, or wall mount stand, according to
how it has been designated by the
manufacturer.
(5) Air Cleaner—Ceiling Type: Air
cleaner appliances designed to be
mounted on the ceiling are considered
outside the scope of this method.
Uniform testing practices and statistical
examination of such appliances have
not been conducted.
(6) Air Cleaner—Plug-In Type: A fixed
location air cleaner directly connected
to an electric receptacle (outlet) by
means of direct plug-in (no electric
cord). Appliances of this type are tested
at the lower level electrical receptacle of
the plug-in type test stand facing the test
window.
In addition, Section 3.2 of ANSI/
AHAM AC–1–2020 defines the
following specific design characteristics
of portable household electric room air
cleaners:
(1) Fan with Filter: Air cleaners that
operate with an electrical source of
power and which contain a motor and
fan for drawing air through a filter
media.
(2) Fan with Electrostatic Plates: Air
cleaners that operate with a fan and
incorporate electrically charged plates
or wires to electrostatically collect
particulate matter. Such devices may
include filter(s).
(3) Fan Filter with Ion Generator: Air
cleaners that incorporate an ion
generator in addition to a fan and filter.
(4) Ion Generator: Air cleaners that
incorporate an ion generator only.
(5) Hybrid: An air cleaner employing
a combination of the above definitions
of fan with filter, electrostatic plate/
wire, and ion generator.
(6) Other Types: A device that has the
stated capability to reduce the
concentration of particulate matter in a
room. Such devices do not have to
contain a fan and can incorporate any of
the particle removal methods previously
noted.
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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
The ENERGY STAR program provides
qualification criteria for room air
cleaners (also referred to as air
purifiers).6 On its web page, ENERGY
STAR describes room air cleaners as
portable, electric appliances that remove
fine particles, such as dust and pollen,
from indoor air. The current ENERGY
STAR Product Specification 7 defines
‘‘room air cleaner’’ as ‘‘an electric
appliance with the function of removing
particulate matter from the air and
which can be moved from room to
room,’’ consistent with ANSI/AHAM
AC–1–2020.
The definitions in both ANSI/AHAM
AC–1–2020 and the ENERGY STAR
Product Specification include specific
air cleaning and air purifying designs
and technologies, but state that they
cover only ‘‘portable’’ air cleaners that
‘‘can be moved from room to room.’’
DOE notes that while ANSI/AHAM AC–
1–2020 specifies coverage of portable air
cleaners, it includes air cleaners that
include appropriate wall mounting
brackets or specifically designated
instructions to mount the air cleaner
integrally to the wall. In order to cover
a more comprehensive range of the
consumer market for air cleaning and
purification, an expanded definition of
a consumer air cleaner may be
appropriate. DOE has therefore
considered a modified definition that
would include ‘‘non-portable’’ air
cleaners, such as those that are mounted
on walls and ceilings, or that provide
whole-home air cleaning in conjunction
with central heating or air conditioning
systems. The proposed definition also
includes technologies that clean the air
by destroying or deactivating
contaminants, including microbes as
well as particulates, from the air
(instead of only removing them).
DOE is also proposing to exclude from
coverage those consumer products
which purify air solely by means of
ultraviolet (‘‘UV’’) light without
circulating air through the product by
means of a fan. The energy-consuming
component of such products would be
a fluorescent lamp or light-emitting
diode that emits light in the UV portion
of the electromagnetic spectrum.
Accordingly, DOE would classify these
products as a type of lamp under EPCA
(See the definition of ‘‘lamps primarily
designed to produce radiation in the
6 See ENERGY STAR website for air purifiers
(cleaners) at www.energystar.gov/products/air_
purifiers_cleaners.
7 See Eligibility Criteria Version 2.0, Rev. April
2021, available at www.energystar.gov/sites/default/
files/ENERGY%20STAR%20Version%202.0
%20Room%20Air%20Cleaners%20Specification_
Rev%20April%202021_with%20Partner
%20Commitments.pdf.
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ultraviolet region of the spectrum’’ and
‘‘light-emitting diode or LED’’ in 10 CFR
430.2), and therefore, is not considering
coverage for these products as a
consumer air cleaner.
DOE additionally proposes to make
clear that a product that meets the
definition of a central air conditioners,
room air conditioners, portable air
conditioners, dehumidifiers, and
furnaces as defined in 10 CFR 430.2 is
not included in the proposed definition
of air cleaner. Although these products
may eliminate certain particulates from
the air by means of filters or through
collection and removal of condensate
containing the particulates, DOE is
proposing to exclude them. (See the
definitions for ‘‘central air conditioner,’’
‘‘room air conditioner,’’ ‘‘portable air
conditioner,’’ ‘‘dehumidifier,’’ and
‘‘furnace’’ in 10 CFR 430.2.)
For the purpose of this analysis, DOE
evaluated air cleaners, which DOE
defined as a consumer product that:
(1) Is a self-contained, mechanically
encased assembly;
(2) Is powered by single-phase electric
current;
(3) Removes, destroys, or deactivates
particulates and microorganisms from
the air;
(4) Excludes products that destroy or
deactivate particulates and
microorganisms solely by means of
ultraviolet light without a fan for air
circulation; and
(5) Excludes central air conditioners,
room air conditioners, portable air
conditioners, dehumidifiers, and
furnaces as defined in 10 CFR 430.2.
DOE proposes to adopt this definition
to inform stakeholders while DOE
continues its analysis. The proposed
definition considers the air cleaning and
air purification function of the product
that is described in ANSI/AHAM AC–1–
2020, the current ENERGY STAR
Version 2.0 Product Specification for
consumer room air cleaners, and the
wide variety of air cleaning and air
purifying consumer products currently
on the market.
As stated, EPCA authorizes DOE to
classify a type of consumer product as
a covered product upon making certain
determinations. EPCA defines a
‘‘consumer product’’ as any article
(other than an automobile) of a type—
(A) which in operation consumes, or is
designed to consume energy; and (B)
which, to any significant extent, is
distributed in commerce for personal
use or consumption by individuals;
without regard to whether such article
of such type is in fact distributed in
commerce for personal use or
consumption by an individual. (42
U.S.C. 6291(a)(1)) As such, in
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considering the potential scope of
coverage, DOE does not consider
whether an individual product is
distributed in commerce for residential
or commercial use, but whether it is of
a type of product distributed in
commerce for residential use.
DOE seeks feedback from interested
parties on its proposed definition and
scope of coverage of air cleaners.
IV. Evaluation of Air Cleaners as a
Covered Product Subject to Energy
Conservation Standards
The following sections describe DOE’s
preliminary evaluation of whether air
cleaners fulfill the criteria for being
added as a covered product pursuant to
42 U.S.C. 6292(b)(1). As stated
previously, DOE may classify a
consumer product as a covered product
if:
(1) Classifying products of such type
as covered products is necessary or
appropriate to carry out the purposes of
EPCA; and
(2) The average annual per-household
energy use by products of such type is
likely to exceed 100 kWh (or its Btu
equivalent) per year.
A. Coverage Necessary or Appropriate
To Carry Out Purposes of EPCA
DOE has preliminarily determined
that coverage of air cleaners is necessary
or appropriate to carry out the purposes
of EPCA, which include:
(1) To conserve energy supplies
through energy conservation programs,
and, where necessary, the regulation of
certain energy uses; and
(2) To provide for improved energy
efficiency of motor vehicles, major
appliances, and certain other consumer
products. (42 U.S.C. 6291(4)–(5))
Although air cleaners are not
currently subject to energy conservation
standards under EPCA, as discussed, the
ENERGY STAR program has developed
qualifying specifications for room air
cleaners, starting with the Version 1.0
specification that became effective July
1, 2004. The current specification,
Version 2.0 Rev. April 2021, became
effective October 17, 2020. During the
process of developing the Version 1.0
specification, EPA cited shipments data
from AHAM showing 1.65 million units
shipped in 2000, and estimated that
shipments would grow to 2.02 million
units in 2010 with an installed base of
15 million units.8 EPA reported that
shipments of ENERGY STAR-qualified
room air cleaners in 2019 were 2.224
million units, with an estimated market
8 ENERGY STAR & Air Cleaners. January 14,
2003. Andrew Fanara, EPA. Available online at:
www.energystar.gov/sites/default/files/specs//
private/AirCleanersatIHS-Presentation-Final.ppt.
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penetration of 43 percent, indicating
overall shipments of air cleaners were
5.17 million units.9 Based on EPA’s
definition of room air cleaner, these
shipments and installed base estimates
comprise only portable configurations of
air cleaners. Nevertheless, the ratings
contained in the ENERGY STAR
database of certified room air cleaners 10
demonstrate significant variation in the
total energy consumption among
different models currently available,
suggesting that technologies exist to
reduce the energy consumption of air
cleaners.
DOE requests data and information
regarding current annual shipments of
air cleaners and the installed base of air
cleaners, specifying the scope of
products included in any such estimates
(e.g., portable, non-portable (wallmounted, ceiling-mounted, wholehome), etc.)
DOE requests comment on the
availability or lack of availability of
technologies for improving energy
efficiency of air cleaners.
B. Average Household Energy Use
DOE estimated the average household
energy use for air cleaners, in
households that use the product, using
power consumption data reported in the
ENERGY STAR product database. The
ENERGY STAR database is the only
publicly available source, of which DOE
is aware, that provides energy
consumption data for air cleaners. For
each model, the database lists the
annual energy use in kilowatt-hours per
year (‘‘kWh/yr’’), along with other
relevant performance metrics, as
measured according to ANSI/AHAM
AC–1–2020. The reported annual energy
consumption ranges from 123 kWh/year
to 770 kWh/year, with an average
annual energy consumption of 299
kWh/year among all models in the
ENERGY STAR database. The energy
consumption of non-ENERGY STARqualified models, comprising 57 percent
of shipments in 2019 as discussed in
section IV.A of this document, is likely
to be higher. The ENERGY STAR
program estimates that the standard
(i.e., non-ENERGY STAR qualified)
consumer air cleaner operating
9 ENERGY STAR® Unit Shipment and Market
Penetration Report: Calendar Year 2019 Summary.
Available online at: www.energystar.gov/sites/
default/files/asset/document/2019%20Unit
%20Shipment%20Data%20Summary
%20Report.pdf.
10 ENERGY STAR Certified Room Air Cleaners
Database. Accessed June 24, 2021. Available online
at www.energystar.gov/productfinder/product/
certified-room-air-cleaners/.
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continuously uses around 550 kWh/
year.11
Although the ENERGY STAR program
covers only portable configurations of
air cleaners, the similarity in
fundamental design and operation (i.e.,
a fan or other means for air circulation
and a means for of removing,
destroying, or deactivating particulates
and microorganisms from the air) of
non-portable products (e.g., wallmounted, ceiling-mounted, whole-home
units) suggests that non-portable air
cleaners are likely to have similar or
higher energy consumption as compared
to portable air cleaners.
Based on this analysis, DOE
tentatively determines that the average
annual per-household energy use for air
cleaners is very likely to exceed 100
kWh/year, satisfying the provisions of
42 U.S.C. 6292(b)(1).
DOE requests data and information
regarding annual energy use estimates
for air cleaners, particularly for products
not covered by the ENERGY STAR
program, such as non-portable products
(wall-mounted, ceiling-mounted, and
whole-home units).
C. Preliminary Determination
Based on the foregoing, DOE has
tentatively determined that classifying
air cleaners, as proposed to be defined
in this document, is necessary and
appropriate to carry out the purposes of
EPCA; and the average annual perhousehold energy use by air cleaners is
likely to exceed 100 kWh (or its Btu
equivalent) per year. As such, DOE has
preliminarily determined to classify air
cleaners as a covered product under Part
A of Title III of EPCA, as amended.
DOE requests comment on whether
classifying air cleaners as a covered
product is necessary or appropriate to
carry out the purposes of EPCA.
V. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
This proposed determination has been
determined to be not significant for
purposes of Executive Order (‘‘E.O.’’)
12866, ‘‘Regulatory Planning and
Review,’’ 58 FR 51735 (Oct. 4, 1993). As
a result, the Office of Management and
Budget (‘‘OMB’’) did not review this
proposed determination.
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
11 Air Purifiers (Cleaners). Accessed June 28,
2021. Available online at: www.energystar.gov/
products/air_purifiers_cleaners.
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51633
analysis (‘‘IRFA’’) 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 E.O. 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking’’ 67 FR 53461
(Aug. 16, 2002), DOE published
procedures and policies on February 19,
2003 to ensure that the potential impact
of its rules on small entities are properly
considered during the DOE rulemaking
process. 68 FR 7990. DOE has made its
procedures and policies available on the
Office of the General Counsel’s website
(www.energy.gov/gc/office-assistantgeneral-counsel-legislation-regulationand-energy-efficiency).
This proposed determination would
not establish test procedures or energy
conservation standards for air cleaners.
If adopted, the proposed determination
would only positively determine that
future standards may be warranted and
should be explored in an energy
conservation standards and test
procedure rulemaking. Economic
impacts on small entities would be
considered in the context of such
rulemakings. Therefore, DOE initially
concludes that the impacts of the
proposed determination would not have
a ‘‘significant economic impact on a
substantial number of small entities,’’
and that the preparation of an IRFA is
not warranted. DOE will transmit the
certification and supporting statement
of factual basis to the Chief Counsel for
Advocacy of the Small Business
Administration for review under 5
U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act
Manufacturers of covered products
must certify to DOE that their products
comply with any applicable energy
conservation standards. To certify
compliance, manufacturers must first
obtain test data for their products
according to the DOE test procedures,
including any amendments adopted for
those test procedures. DOE has
established regulations for the
certification and recordkeeping
requirements for all covered consumer
products and commercial equipment.
(See generally 10 CFR part 429.) 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 35 hours per response,
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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.
As noted previously, this proposed
determination, if made final, would not
establish any testing requirements or
energy conservation standards for air
cleaners.
D. Review Under the National
Environmental Policy Act of 1969
DOE is analyzing this proposed
regulation in accordance with the
National Environmental Policy Act
(‘‘NEPA’’) and DOE’s NEPA
implementing regulations (10 CFR part
1021). DOE’s regulations include a
categorical exclusion for rulemakings
that are strictly procedural. 10 CFR part
1021, subpart D, appendix A6. DOE
anticipates that this rulemaking
qualifies for categorical exclusion A6
because it is a strictly procedural
rulemaking and otherwise meets the
requirements for application of a
categorical exclusion. See 10 CFR
1021.410. DOE will complete its NEPA
review before issuing the final rule.
E. Review Under Executive Order 13132
E.O. 13132, ‘‘Federalism’’ 64 FR
43255 (Aug. 10, 1999), imposes certain
requirements on federal agencies
formulating and implementing policies
or regulations that preempt state law or
that have Federalism implications. The
Executive order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to 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 the development of such regulations.
65 FR 13735. DOE has examined this
proposed determination and had
tentatively determined that it would not
have a substantial direct effects on the
States, on the relationship between the
Federal government and the States, or
on the distribution of power and
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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 this
proposed determination. 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) Therefore, no further action is
required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing
regulations and the promulgation of
new regulations, section 3(a) of E.O.
12988, ‘‘Civil Justice Reform,’’ 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. 61 FR 4729 (Feb. 7, 1996).
Regarding the review required by
section 3(a), section 3(b) of E.O. 12988
specifically requires that Executive
agencies make every reasonable effort to
ensure that the regulation: (1) Clearly
specifies the preemptive effect, if any, to
be given to the law (2) clearly specifies
any effect on existing Federal law or
regulation, (3) provides a clear legal
standard for affected conduct, (4)
specifies the retroactive effect, if any, to
be given to the law, (5) defines key
terms, either explicitly or by reference
to other statues that explicitly define
those terms, and (6) addresses other
important issues affecting clarity and
general draftsmanship of legislation
under any guidelines issued by the
Attorney General. Section 3(c) of E.O.
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
those standards. DOE completed the
required review and determined that, to
the extent permitted by law, this
proposed determination meets the
relevant standards of E.O. 12988.
G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (‘‘UMRA’’) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
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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 a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA requires a Federal agency to
develop an effective process to permit
timely input by elected officers of State,
local, and Tribal governments on a
proposed ‘‘significant intergovernmental
mandate,’’ and requires an agency plan
for giving notice and opportunity for
timely input to potentially affected
small governments before establishing
any requirement that might significantly
or uniquely affect them. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA. 62 FR 12820. DOE’s policy
statement is also available at
www.energy.gov/sites/prod/files/gcprod/
documents/umra_97.pdf.
DOE examined this proposed
determination according to UMRA and
its statement of policy and determined
that the proposed determination does
not contain a Federal intergovernmental
mandate, nor is it expected to require
expenditures of $100 million or more in
any one year by State, local, and Tribal
governments, in the aggregate, or by the
private sector. As a result, the analytical
requirements of UMRA do not apply.
H. Review Under the Treasury and
General Government Appropriations
Act of 1999
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
proposed determination would not have
any impact on the autonomy or integrity
of the family as an institution.
Accordingly, DOE has concluded that it
is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630,
‘‘Governmental Actions and Interference
with Constitutionally Protected Property
Rights’’ 53 FR 8859 (Mar. 15, 1988),
DOE has determined that this proposed
determination would not result in any
takings that might require compensation
under the Fifth Amendment to the U.S.
Constitution.
J. Review Under the Treasury and
General Government Appropriations
Act of 2001
Section 515 of the Treasury and
General Government Appropriation Act,
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2001 (44 U.S.C. 3516, note) provides for
Federal agencies to review most
disseminations of information to the
public under information quality
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). Pursuant to
OMB Memorandum M–19–15,
Improving Implementation of the
Information Quality Act (April 24,
2019), DOE published updated
guidelines which are available at
www.energy.gov/sites/prod/files/2019/
12/f70/DOE%20Final%20Updated
%20IQA%20Guidelines%20Dec
%202019.pdf. DOE has reviewed this
NOPD under the OMB and DOE
guidelines and has concluded that it is
consistent with applicable policies in
those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use,’’ 66
FR 28355 (May 22, 2001), requires
Federal agencies to prepare and submit
to the Office of Information and
Regulatory Affairs (‘‘OIRA’’) at OMB a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgates or is expected to lead to
promulgation of a final rule, and that (1)
is a significant regulatory action under
E.O. 12866, or any successor Executive
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 proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
This proposed regulatory action to
classify air cleaners as covered products
is not a significant regulatory action
under Executive Order 12866.
Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy, nor has it
been designated as such by the
Administrator of OIRA. Accordingly,
DOE has not prepared a Statement of
Energy Effects.
L. Information Quality
On December 16, 2004, OMB, in
consultation with the Office of Science
and Technology Policy (‘‘OSTP’’),
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issued its Final Information Quality
Bulletin for Peer Review (‘‘the
Bulletin’’). 70 FR 2664 (Jan. 14, 2005).
The Bulletin establishes that certain
scientific information shall be peer
reviewed by qualified specialists before
it is disseminated by the Federal
Government, including influential
scientific information related to agency
regulatory actions. The purpose of the
Bulletin is to enhance the quality and
credibility of the Government’s
scientific information. DOE has
determined that the analyses conducted
for this rulemaking do not constitute
‘‘influential scientific information,’’
which the Bulletin defines as ‘‘scientific
information the agency reasonably can
determine will have or does have a clear
and substantial impact on important
public policies or private sector
decisions.’’ 70 FR 2667 (Jan. 14, 2005).
The analyses were subject to predissemination review prior to issuance
of this rulemaking.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and
information regarding this notification
of proposed determination no later than
the date provided at the DATES section
at the beginning of this document.
Interested parties may submit
comments, data, and other information
using any of the methods described in
the ADDRESSES section at the beginning
of this document.
Submitting comments via
www.regulations.gov. The
www.regulations.gov web page will
require you to provide your name and
contact information. Your contact
information will be viewable to DOE
Building Technologies staff only. Your
contact information will not be publicly
viewable except for your first and last
names, organization name (if any), and
submitter representative name (if any).
If your comment is not processed
properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Otherwise, persons viewing comments
will see only first and last names,
organization names, correspondence
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51635
containing comments, and any
documents submitted with the
comments.
Do not submit information to
www.regulations.gov for which
disclosure is restricted by statute, such
as trade secrets and commercial or
financial information (hereinafter
referred to as Confidential Business
Information (‘‘CBI’’)). Comments
submitted through www.regulations.gov
cannot be claimed as CBI. Anyone
submitting comments through the
website will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through www.regulations.gov before
posting. Normally, comments will be
posted within a few days of being
submitted. However, if large volumes of
comments are being processed
simultaneously, your comment may not
be viewable for up to several weeks.
Please keep the comment tracking
number that www.regulations.gov
provides after you have successfully
uploaded your comment.
Submitting comments via email.
Comments and documents submitted
via email also will be posted to
www.regulations.gov. If you do not want
your personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. With this
instruction followed, the cover letter
will not be publicly viewable as long as
it does not include any comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. Facsimile
submissions will not be accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
format. Provide documents that are not
secured, that are written in English, and
that are free of any defects or viruses.
Documents should not contain special
characters or any form of encryption
and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
Confidential Business Information.
Pursuant to 10 CFR 1004.11, any person
submitting information that he or she
believes to be confidential and exempt
by law from public disclosure should
submit via email two well-marked
copies: One copy of the document
marked ‘‘confidential’’ including all the
information believed to be confidential,
and one copy of the document marked
‘‘non-confidential’’ with the information
believed to be confidential deleted. DOE
will make its own determination about
the confidential status of the
information and treat it according to its
determination.
It is DOE policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
B. Issues on Which DOE Seeks
Comments
DOE welcomes comments on all
aspects of this proposed determination.
DOE is particularly interested in
receiving comments and views of
interested parties concerning the
following issues:
• Proposed definition and scope of
coverage of air cleaners;
• Data and information regarding
current annual shipments of air cleaners
and the installed base of air cleaners,
specifying the scope of products
included in any such estimates (e.g.,
portable, non-portable (wall-mounted,
ceiling-mounted, whole-home), etc.);
• Availability or lack of availability of
technologies for improving energy
efficiency of air cleaners.
• Data and information regarding
annual energy use estimates for air
cleaners, particularly for products not
covered by the ENERGY STAR program,
such as non-portable products (wallmounted, ceiling-mounted, and wholehome units); and
• Whether classifying air cleaners as
a covered product is necessary or
appropriate to carry out the purposes of
EPCA.
DOE is interested in receiving views
concerning other relevant issues that
participants believe would affect its
ability to establish test procedures and
energy conservation standards for air
cleaners.
After the expiration of the period for
submitting written statements, DOE will
consider all comments and additional
information that is obtained from
interested parties or through further
analyses, and it will prepare a final
determination.
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VII. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this notification of
proposed determination.
Signing Authority
This document of the Department of
Energy was signed on September 10,
2021, by Kelly Speakes-Backman,
Principal Deputy Assistant Secretary
and Acting Assistant Secretary for
Energy Efficiency and Renewable
Energy, pursuant to delegated authority
from the Secretary of Energy. That
document with the original signature
and date is maintained by DOE. For
administrative purposes only, and in
compliance with requirements of the
Office of the Federal Register, the
undersigned DOE Federal Register
Liaison Officer has been authorized to
sign and submit the document in
electronic format for publication, as an
official document of the Department of
Energy. This administrative process in
no way alters the legal effect of this
document upon publication in the
Federal Register.
Signed in Washington, DC, on September
10, 2021
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
[FR Doc. 2021–19950 Filed 9–15–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–1006; Project
Identifier 2019–CE–047–AD]
RIN 2120–AA64
Airworthiness Directives; Piper
Aircraft, Inc. Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to
supersede Airworthiness Directive (AD)
78–02–03, which applies to all Piper
Aircraft, Inc. (Piper), Model PA–23–250
airplanes. AD 78–02–03 requires
repetitively inspecting the stabilator tip
tube and weight assemblies for cracks,
inspecting for missing rivets and screws,
replacing the forward rib/horn
assemblies, and reinforcing the
mounting. Since AD 78–02–03 was
issued, Piper developed a newly-
SUMMARY:
PO 00000
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Fmt 4702
Sfmt 4702
designed stabilator, which is not subject
to the unsafe condition, and revised its
service information. This proposed AD
would retain the actions of AD 78–02–
03, but would reduce the applicability
and require the actions in the revised
service information. The FAA is
proposing this AD to address the unsafe
condition on these products.
DATES: The FAA must receive comments
on this proposed AD by November 1,
2021.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For service information identified in
this NPRM, contact Piper Aircraft, Inc.,
2926 Piper Drive, Vero Beach, FL 32960;
phone: (772) 299–2141; website: https://
www.piper.com/. You may view this
service information at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 901 Locust,
Kansas City, MO 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2020–1006; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
NPRM, any comments received, and
other information. The street address for
Docket Operations is listed above.
FOR FURTHER INFORMATION CONTACT: John
Marshall, Aviation Safety Engineer,
Atlanta ACO Branch, FAA, 1701
Columbia Avenue, College Park, GA
30337; phone: (404) 474–5524; fax: (404)
474–5605; email: john.r.marshall@
faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites you to send any
written relevant data, views, or
arguments about this proposal. Send
your comments to an address listed
under ADDRESSES. Include ‘‘Docket
Number FAA–2020–1006; Project
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]]>Agencies
[Federal Register Volume 86, Number 177 (Thursday, September 16, 2021)]
[Proposed Rules]
[Pages 51629-51636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19950]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2021-BT-DET-0022]
RIN 1904-AF25
Energy Conservation Program: Proposed Determination of Air
Cleaners as a Covered Consumer Product
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notification of proposed determination and request for comment.
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SUMMARY: The U.S. Department of Energy (``DOE'') has tentatively
[[Page 51630]]
determined that air cleaners qualify as a covered product under Part A
of Title III of the Energy Policy and Conservation Act (``EPCA''), as
amended. DOE has tentatively determined that coverage of air cleaners
is necessary and appropriate to carry out the purposes of EPCA, and
that the average U.S. household energy use for air cleaners is likely
to exceed 100 kilowatt-hours per year.
DATES: Written comments, data, and information are requested and will
be accepted on or before November 15, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at www.regulations.gov. Follow the
instructions for submitting comments. Alternatively, interested persons
may submit comments, identified by docket number EERE-2021-BT-DET-0022,
by any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: to [email protected]. Include docket
number EERE-2021-BT-DET-0022 in the subject line of the message.
No telefacsimiles (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section VI of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanisms, including postal mail and hand
delivery/courier, DOE has found it necessary to make temporary
modifications to the comment submission process in light of the ongoing
COVID-19 pandemic. DOE is currently suspending receipt of public
comments via postal mail and hand delivery/courier. If a commenter
finds that this change poses an undue hardship, please contact
Appliance Standards Program staff at (202) 586-1445 to discuss the need
for alternative arrangements. Once the COVID-19 pandemic health
emergency is resolved, DOE anticipates resuming all of its regular
options for public comment submission, including postal mail and hand
delivery/courier.
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at www.regulations.gov. All documents in the docket are listed
in the www.regulations.gov index. However, not all documents listed in
the index may be publicly available, such as information that is exempt
from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE-2021-BT-DET-0022. The docket web page contains instructions on how
to access all documents, including public comments, in the docket. See
section VI, ``Public Participation,'' for further information on how to
submit comments through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-2J,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 287-1943. Email: [email protected].
Ms. Linda Field, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-3440. Email: [email protected].
For further information on how to submit a comment or review other
public comments and the docket, contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Scope of Coverage
IV. Evaluation of Air Cleaners as a Covered Product Subject to
Energy Conservation Standards
A. Coverage Necessary or Appropriate To Carry Out Purposes of
EPCA
B. Average Household Energy Use
C. Preliminary Determination
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Information Quality
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
VII. Approval of the Office of the Secretary
I. Statutory Authority
EPCA \1\ authorizes DOE to regulate the energy efficiency of a
number of consumer products and certain industrial equipment. (42
U.S.C. 6291-6317) Title III, Part B \2\ of EPCA established the Energy
Conservation Program for Consumer Products Other Than Automobiles,
which sets forth a variety of provisions designed to improve energy
efficiency for certain consumer products, referred to generally as
``covered products.'' \3\ In addition to specifying a list of consumer
products that are covered products, EPCA contains provisions that
enable the Secretary of Energy to classify additional types of consumer
products as covered products. For a given consumer product to be
classified as a covered product, the Secretary must determine that:
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
\3\ The enumerated list of covered products is at 42 U.S.C.
6292(a)(1)-(19).
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(1) Classifying the product as a covered product is necessary or
appropriate to carry out the purposes of EPCA; and
(2) The average annual per-household \4\ energy use by products of
such type is likely to exceed 100 kilowatt-hours (``kWh'') (or its
British thermal unit (``Btu'') equivalent) per year. (42 U.S.C.
6292(b)(1))
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\4\ DOE has defined ``household'' to mean an entity consisting
of either an individual, a family, or a group of unrelated
individuals, who reside in a particular housing unit. For the
purpose of this definition:
(1) Group quarters means living quarters that are occupied by an
institutional group of 10 or more unrelated persons, such as a
nursing home, military barracks, halfway house, college dormitory,
fraternity or sorority house, convent, shelter, jail or correctional
institution.
(2) Housing unit means a house, an apartment, a group of rooms,
or a single room occupied as separate living quarters, but does not
include group quarters.
(3) Separate living quarters means living quarters:
(i) To which the occupants have access either:
(A) Directly from outside of the building, or
(B) Through a common hall that is accessible to other living
quarters and that does not go through someone else's living
quarters, and
(ii) Occupied by one or more persons who live and eat separately
from occupant(s) of other living quarters, if any, in the same
building. 10 CFR 430.2.
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When attempting to cover additional consumer product types, DOE
must first determine whether these criteria from 42 U.S.C. 6292(b)(1)
are met. Once a determination is made, the Secretary may prescribe test
procedures to measure the energy efficiency or energy use of such
product. (42 U.S.C.
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6293(a)(1)(B)) Furthermore, once a product is determined to be a
covered product, the Secretary may set standards for such product,
subject to the provisions in 42 U.S.C. 6295(o) and (p), provided that
DOE determines that four additional criteria at 42 U.S.C. 6295(l) have
been met. Specifically, 42 U.S.C. 6295(l) requires the Secretary to
determine that:
(1) The average household energy use of the products has exceeded
150 kWh per household for a 12-month period;
(2) The aggregate 12-month energy use of the products has exceeded
4200 gigawatt-hours;
(3) Substantial improvement in energy efficiency of products of
such type is technologically feasible; and
(4) Application of a labeling rule under 42 U.S.C. 6294 is unlikely
to be sufficient to induce manufacturers to produce, and consumers and
other persons to purchase, covered products of such type (or class)
that achieve the maximum energy efficiency that is technologically
feasible and economically justified. (42 U.S.C. 6295(l)(1))
II. Current Rulemaking Process
DOE has not previously conducted a rulemaking for air cleaners. If,
after public comment, DOE issues a final determination of coverage for
this product, DOE may prescribe both test procedures and energy
conservation standards for this product. DOE will publish a final
decision on coverage as a separate notice, an action that will be
completed prior to the initiation of any test procedure or energy
conservation standards rulemaking. 10 CFR part 430 subpart C appendix A
section 5(c). If DOE determines that coverage is warranted, DOE will
proceed with its typical rulemaking process for both test procedures
and standards. Id. DOE is not proposing test procedures or energy
conservation standards as part of this proposed determination. If DOE
proceeds with a rulemaking to establish energy conservation standards,
DOE would determine if air cleaners satisfy the provisions of 42 U.S.C.
6295(l)(1) during the course of that rulemaking.
III. Scope of Coverage
Air cleaners are products that remove, destroy, or deactivate
particulate matter and other contaminants from the air to improve
indoor air quality. A wide range of consumer air cleaner products are
available on the market, including tabletop units, units sized for
single rooms or multiple rooms, and whole-home units integrated into a
central heating and cooling system. Air cleaners employ a wide variety
of technologies to remove particulate matter and other contaminants
from the air, and may also provide air circulation or humidification,
and other forms of indoor air quality improvement.
To help inform its proposed scope of coverage, DOE utilized
existing classifications of air cleaners developed by the Association
of Home Appliance Manufacturers (``AHAM'')--the industry trade group
for air cleaners--and the U.S. Environmental Protection Agency's
(``EPA's'') ENERGY STAR[supreg] program, as well as additional market
research conducted by DOE. The following paragraphs discuss DOE's
considerations from these sources and present the proposed definition
that would provide the basis for coverage of air cleaners under EPCA.
AHAM publishes a standard method of test, certified by American
National Standards Institute (``ANSI''), for measuring the performance
of portable household electric room air cleaners, titled ANSI/AHAM AC-
1-2020 Portable Household Electric Room Air Cleaners (``ANSI/AHAM AC-1-
2020'').\5\ AHAM describes this standard as establishing a uniform,
repeatable procedure or standard method for measuring specified product
characteristics of household portable air cleaners. The standard
methods provide a means to compare and evaluate different brands and
models of household portable air cleaners on the basis of
characteristics significant to product use. Section 3.1 of ANSI/AHAM
AC-1-2020 defines ``Portable Household Electric Room Air Cleaner (`Air
Cleaner')'' as ``[a]n electric appliance with the function of removing
particulate matter from the air and which can be moved from room to
room. Hereinafter referred to as `air cleaner'.'' In addition, Sections
3.1.1 through 3.1.6 of ANSI/AHAM AC-1-2020 define the following
installation configurations of air cleaners:
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\5\ ANSI/AHAM AC-1-2020 available at AHAM website at
www.aham.org/itemdetail?iproductcode=30002&category=padstd.
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(1) Air Cleaner--Floor Type: Floor type air cleaners are designed
to stand alone on the floor of a room and are designated as stand-alone
floor models by the manufacturer. Appliances of this type are tested on
the floor facing the test window as close to the center of the test
chamber as possible.
(2) Air Cleaner--Table Type: Table type air cleaners are designed
to set on a table or counter by the manufacturer. Appliances of this
type are tested on the table stand facing the test window at the center
of the test chamber.
(3) Air Cleaner--Wall Type: Wall type air cleaners are designed
either to attach to a wall and are designated as wall mountable by the
manufacturer or as a plug-in air cleaner. A wall type air cleaner must
include appropriate wall mounting brackets or specifically designated
instructions to mount the air cleaner integrally to the wall (i.e., not
a shelf). Appliances of this type are tested on the wall mount stand
facing the test window placed at the center of the test chamber.
(4) Air Cleaner--Combination Type: Combination type air cleaners
are designed to operate in one or more orientations/positions (floor,
table, wall) as designed by the manufacturer. A combination type air
cleaner may be tested at the center of the test chamber facing the test
window on the floor, table, or wall mount stand, according to how it
has been designated by the manufacturer.
(5) Air Cleaner--Ceiling Type: Air cleaner appliances designed to
be mounted on the ceiling are considered outside the scope of this
method. Uniform testing practices and statistical examination of such
appliances have not been conducted.
(6) Air Cleaner--Plug-In Type: A fixed location air cleaner
directly connected to an electric receptacle (outlet) by means of
direct plug-in (no electric cord). Appliances of this type are tested
at the lower level electrical receptacle of the plug-in type test stand
facing the test window.
In addition, Section 3.2 of ANSI/AHAM AC-1-2020 defines the
following specific design characteristics of portable household
electric room air cleaners:
(1) Fan with Filter: Air cleaners that operate with an electrical
source of power and which contain a motor and fan for drawing air
through a filter media.
(2) Fan with Electrostatic Plates: Air cleaners that operate with a
fan and incorporate electrically charged plates or wires to
electrostatically collect particulate matter. Such devices may include
filter(s).
(3) Fan Filter with Ion Generator: Air cleaners that incorporate an
ion generator in addition to a fan and filter.
(4) Ion Generator: Air cleaners that incorporate an ion generator
only.
(5) Hybrid: An air cleaner employing a combination of the above
definitions of fan with filter, electrostatic plate/wire, and ion
generator.
(6) Other Types: A device that has the stated capability to reduce
the concentration of particulate matter in a room. Such devices do not
have to contain a fan and can incorporate any of the particle removal
methods previously noted.
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The ENERGY STAR program provides qualification criteria for room
air cleaners (also referred to as air purifiers).\6\ On its web page,
ENERGY STAR describes room air cleaners as portable, electric
appliances that remove fine particles, such as dust and pollen, from
indoor air. The current ENERGY STAR Product Specification \7\ defines
``room air cleaner'' as ``an electric appliance with the function of
removing particulate matter from the air and which can be moved from
room to room,'' consistent with ANSI/AHAM AC-1-2020.
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\6\ See ENERGY STAR website for air purifiers (cleaners) at
www.energystar.gov/products/air_purifiers_cleaners.
\7\ See Eligibility Criteria Version 2.0, Rev. April 2021,
available at www.energystar.gov/sites/default/files/ENERGY%20STAR%20Version%202.0%20Room%20Air%20Cleaners%20Specification_Rev%20April%202021_with%20Partner%20Commitments.pdf.
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The definitions in both ANSI/AHAM AC-1-2020 and the ENERGY STAR
Product Specification include specific air cleaning and air purifying
designs and technologies, but state that they cover only ``portable''
air cleaners that ``can be moved from room to room.'' DOE notes that
while ANSI/AHAM AC-1-2020 specifies coverage of portable air cleaners,
it includes air cleaners that include appropriate wall mounting
brackets or specifically designated instructions to mount the air
cleaner integrally to the wall. In order to cover a more comprehensive
range of the consumer market for air cleaning and purification, an
expanded definition of a consumer air cleaner may be appropriate. DOE
has therefore considered a modified definition that would include
``non-portable'' air cleaners, such as those that are mounted on walls
and ceilings, or that provide whole-home air cleaning in conjunction
with central heating or air conditioning systems. The proposed
definition also includes technologies that clean the air by destroying
or deactivating contaminants, including microbes as well as
particulates, from the air (instead of only removing them).
DOE is also proposing to exclude from coverage those consumer
products which purify air solely by means of ultraviolet (``UV'') light
without circulating air through the product by means of a fan. The
energy-consuming component of such products would be a fluorescent lamp
or light-emitting diode that emits light in the UV portion of the
electromagnetic spectrum. Accordingly, DOE would classify these
products as a type of lamp under EPCA (See the definition of ``lamps
primarily designed to produce radiation in the ultraviolet region of
the spectrum'' and ``light-emitting diode or LED'' in 10 CFR 430.2),
and therefore, is not considering coverage for these products as a
consumer air cleaner.
DOE additionally proposes to make clear that a product that meets
the definition of a central air conditioners, room air conditioners,
portable air conditioners, dehumidifiers, and furnaces as defined in 10
CFR 430.2 is not included in the proposed definition of air cleaner.
Although these products may eliminate certain particulates from the air
by means of filters or through collection and removal of condensate
containing the particulates, DOE is proposing to exclude them. (See the
definitions for ``central air conditioner,'' ``room air conditioner,''
``portable air conditioner,'' ``dehumidifier,'' and ``furnace'' in 10
CFR 430.2.)
For the purpose of this analysis, DOE evaluated air cleaners, which
DOE defined as a consumer product that:
(1) Is a self-contained, mechanically encased assembly;
(2) Is powered by single-phase electric current;
(3) Removes, destroys, or deactivates particulates and
microorganisms from the air;
(4) Excludes products that destroy or deactivate particulates and
microorganisms solely by means of ultraviolet light without a fan for
air circulation; and
(5) Excludes central air conditioners, room air conditioners,
portable air conditioners, dehumidifiers, and furnaces as defined in 10
CFR 430.2.
DOE proposes to adopt this definition to inform stakeholders while
DOE continues its analysis. The proposed definition considers the air
cleaning and air purification function of the product that is described
in ANSI/AHAM AC-1-2020, the current ENERGY STAR Version 2.0 Product
Specification for consumer room air cleaners, and the wide variety of
air cleaning and air purifying consumer products currently on the
market.
As stated, EPCA authorizes DOE to classify a type of consumer
product as a covered product upon making certain determinations. EPCA
defines a ``consumer product'' as any article (other than an
automobile) of a type--(A) which in operation consumes, or is designed
to consume energy; and (B) which, to any significant extent, is
distributed in commerce for personal use or consumption by individuals;
without regard to whether such article of such type is in fact
distributed in commerce for personal use or consumption by an
individual. (42 U.S.C. 6291(a)(1)) As such, in considering the
potential scope of coverage, DOE does not consider whether an
individual product is distributed in commerce for residential or
commercial use, but whether it is of a type of product distributed in
commerce for residential use.
DOE seeks feedback from interested parties on its proposed
definition and scope of coverage of air cleaners.
IV. Evaluation of Air Cleaners as a Covered Product Subject to Energy
Conservation Standards
The following sections describe DOE's preliminary evaluation of
whether air cleaners fulfill the criteria for being added as a covered
product pursuant to 42 U.S.C. 6292(b)(1). As stated previously, DOE may
classify a consumer product as a covered product if:
(1) Classifying products of such type as covered products is
necessary or appropriate to carry out the purposes of EPCA; and
(2) The average annual per-household energy use by products of such
type is likely to exceed 100 kWh (or its Btu equivalent) per year.
A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA
DOE has preliminarily determined that coverage of air cleaners is
necessary or appropriate to carry out the purposes of EPCA, which
include:
(1) To conserve energy supplies through energy conservation
programs, and, where necessary, the regulation of certain energy uses;
and
(2) To provide for improved energy efficiency of motor vehicles,
major appliances, and certain other consumer products. (42 U.S.C.
6291(4)-(5))
Although air cleaners are not currently subject to energy
conservation standards under EPCA, as discussed, the ENERGY STAR
program has developed qualifying specifications for room air cleaners,
starting with the Version 1.0 specification that became effective July
1, 2004. The current specification, Version 2.0 Rev. April 2021, became
effective October 17, 2020. During the process of developing the
Version 1.0 specification, EPA cited shipments data from AHAM showing
1.65 million units shipped in 2000, and estimated that shipments would
grow to 2.02 million units in 2010 with an installed base of 15 million
units.\8\ EPA reported that shipments of ENERGY STAR-qualified room air
cleaners in 2019 were 2.224 million units, with an estimated market
[[Page 51633]]
penetration of 43 percent, indicating overall shipments of air cleaners
were 5.17 million units.\9\ Based on EPA's definition of room air
cleaner, these shipments and installed base estimates comprise only
portable configurations of air cleaners. Nevertheless, the ratings
contained in the ENERGY STAR database of certified room air cleaners
\10\ demonstrate significant variation in the total energy consumption
among different models currently available, suggesting that
technologies exist to reduce the energy consumption of air cleaners.
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\8\ ENERGY STAR & Air Cleaners. January 14, 2003. Andrew Fanara,
EPA. Available online at: www.energystar.gov/sites/default/files/specs//private/AirCleanersatIHS-Presentation-Final.ppt.
\9\ ENERGY STAR[supreg] Unit Shipment and Market Penetration
Report: Calendar Year 2019 Summary. Available online at:
www.energystar.gov/sites/default/files/asset/document/2019%20Unit%20Shipment%20Data%20Summary%20Report.pdf.
\10\ ENERGY STAR Certified Room Air Cleaners Database. Accessed
June 24, 2021. Available online at www.energystar.gov/productfinder/product/certified-room-air-cleaners/.
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DOE requests data and information regarding current annual
shipments of air cleaners and the installed base of air cleaners,
specifying the scope of products included in any such estimates (e.g.,
portable, non-portable (wall-mounted, ceiling-mounted, whole-home),
etc.)
DOE requests comment on the availability or lack of availability of
technologies for improving energy efficiency of air cleaners.
B. Average Household Energy Use
DOE estimated the average household energy use for air cleaners, in
households that use the product, using power consumption data reported
in the ENERGY STAR product database. The ENERGY STAR database is the
only publicly available source, of which DOE is aware, that provides
energy consumption data for air cleaners. For each model, the database
lists the annual energy use in kilowatt-hours per year (``kWh/yr''),
along with other relevant performance metrics, as measured according to
ANSI/AHAM AC-1-2020. The reported annual energy consumption ranges from
123 kWh/year to 770 kWh/year, with an average annual energy consumption
of 299 kWh/year among all models in the ENERGY STAR database. The
energy consumption of non-ENERGY STAR-qualified models, comprising 57
percent of shipments in 2019 as discussed in section IV.A of this
document, is likely to be higher. The ENERGY STAR program estimates
that the standard (i.e., non-ENERGY STAR qualified) consumer air
cleaner operating continuously uses around 550 kWh/year.\11\
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\11\ Air Purifiers (Cleaners). Accessed June 28, 2021. Available
online at: www.energystar.gov/products/air_purifiers_cleaners.
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Although the ENERGY STAR program covers only portable
configurations of air cleaners, the similarity in fundamental design
and operation (i.e., a fan or other means for air circulation and a
means for of removing, destroying, or deactivating particulates and
microorganisms from the air) of non-portable products (e.g., wall-
mounted, ceiling-mounted, whole-home units) suggests that non-portable
air cleaners are likely to have similar or higher energy consumption as
compared to portable air cleaners.
Based on this analysis, DOE tentatively determines that the average
annual per-household energy use for air cleaners is very likely to
exceed 100 kWh/year, satisfying the provisions of 42 U.S.C. 6292(b)(1).
DOE requests data and information regarding annual energy use
estimates for air cleaners, particularly for products not covered by
the ENERGY STAR program, such as non-portable products (wall-mounted,
ceiling-mounted, and whole-home units).
C. Preliminary Determination
Based on the foregoing, DOE has tentatively determined that
classifying air cleaners, as proposed to be defined in this document,
is necessary and appropriate to carry out the purposes of EPCA; and the
average annual per-household energy use by air cleaners is likely to
exceed 100 kWh (or its Btu equivalent) per year. As such, DOE has
preliminarily determined to classify air cleaners as a covered product
under Part A of Title III of EPCA, as amended.
DOE requests comment on whether classifying air cleaners as a
covered product is necessary or appropriate to carry out the purposes
of EPCA.
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
This proposed determination has been determined to be not
significant for purposes of Executive Order (``E.O.'') 12866,
``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993). As a
result, the Office of Management and Budget (``OMB'') did not review
this proposed determination.
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 (``IRFA'')
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 E.O. 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking'' 67 FR 53461 (Aug. 16, 2002), DOE
published procedures and policies on February 19, 2003 to ensure that
the potential impact of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's website (www.energy.gov/gc/office-assistant-general-counsel-legislation-regulation-and-energy-efficiency).
This proposed determination would not establish test procedures or
energy conservation standards for air cleaners. If adopted, the
proposed determination would only positively determine that future
standards may be warranted and should be explored in an energy
conservation standards and test procedure rulemaking. Economic impacts
on small entities would be considered in the context of such
rulemakings. Therefore, DOE initially concludes that the impacts of the
proposed determination would not have a ``significant economic impact
on a substantial number of small entities,'' and that the preparation
of an IRFA is not warranted. DOE will transmit the certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act
Manufacturers of covered products must certify to DOE that their
products comply with any applicable energy conservation standards. To
certify compliance, manufacturers must first obtain test data for their
products according to the DOE test procedures, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment. (See generally 10 CFR part
429.) 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 35 hours per response,
[[Page 51634]]
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. As noted previously, this
proposed determination, if made final, would not establish any testing
requirements or energy conservation standards for air cleaners.
D. Review Under the National Environmental Policy Act of 1969
DOE is analyzing this proposed regulation in accordance with the
National Environmental Policy Act (``NEPA'') and DOE's NEPA
implementing regulations (10 CFR part 1021). DOE's regulations include
a categorical exclusion for rulemakings that are strictly procedural.
10 CFR part 1021, subpart D, appendix A6. DOE anticipates that this
rulemaking qualifies for categorical exclusion A6 because it is a
strictly procedural rulemaking and otherwise meets the requirements for
application of a categorical exclusion. See 10 CFR 1021.410. DOE will
complete its NEPA review before issuing the final rule.
E. Review Under Executive Order 13132
E.O. 13132, ``Federalism'' 64 FR 43255 (Aug. 10, 1999), imposes
certain requirements on federal agencies formulating and implementing
policies or regulations that preempt state law or that have Federalism
implications. The Executive order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to 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 the development of such
regulations. 65 FR 13735. DOE has examined this proposed determination
and had tentatively determined that it would not have a substantial
direct effects on the States, on the relationship between the Federal
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of this proposed
determination. 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) Therefore, no further action is required by E.O. 13132.
F. Review Under Executive Order 12988
With respect to the review of existing regulations and the
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil
Justice Reform,'' 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. 61 FR
4729 (Feb. 7, 1996). Regarding the review required by section 3(a),
section 3(b) of E.O. 12988 specifically requires that Executive
agencies make every reasonable effort to ensure that the regulation:
(1) Clearly specifies the preemptive effect, if any, to be given to the
law (2) clearly specifies any effect on existing Federal law or
regulation, (3) provides a clear legal standard for affected conduct,
(4) specifies the retroactive effect, if any, to be given to the law,
(5) defines key terms, either explicitly or by reference to other
statues that explicitly define those terms, and (6) addresses other
important issues affecting clarity and general draftsmanship of
legislation under any guidelines issued by the Attorney General.
Section 3(c) of E.O. 12988 requires Executive agencies to review
regulations in light of applicable standards in sections 3(a) and 3(b)
to determine whether they are met or it is unreasonable to meet one or
more of those standards. DOE completed the required review and
determined that, to the extent permitted by law, this proposed
determination meets the relevant standards of E.O. 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (``UMRA'')
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result 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 a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA requires a Federal agency to develop
an effective process to permit timely input by elected officers of
State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirement that might
significantly or uniquely affect them. On March 18, 1997, DOE published
a statement of policy on its process for intergovernmental consultation
under UMRA. 62 FR 12820. DOE's policy statement is also available at
www.energy.gov/sites/prod/files/gcprod/documents/umra_97.pdf.
DOE examined this proposed determination according to UMRA and its
statement of policy and determined that the proposed determination does
not contain a Federal intergovernmental mandate, nor is it expected to
require expenditures of $100 million or more in any one year by State,
local, and Tribal governments, in the aggregate, or by the private
sector. As a result, the analytical requirements of UMRA do not apply.
H. Review Under the Treasury and General Government Appropriations Act
of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a
Family Policymaking Assessment for any rule that may affect family
well-being. This proposed determination would not have any impact on
the autonomy or integrity of the family as an institution. Accordingly,
DOE has concluded that it is not necessary to prepare a Family
Policymaking Assessment.
I. Review Under Executive Order 12630
Pursuant to E.O. 12630, ``Governmental Actions and Interference
with Constitutionally Protected Property Rights'' 53 FR 8859 (Mar. 15,
1988), DOE has determined that this proposed determination would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under the Treasury and General Government Appropriations Act
of 2001
Section 515 of the Treasury and General Government Appropriation
Act,
[[Page 51635]]
2001 (44 U.S.C. 3516, note) provides for Federal agencies to review
most disseminations of information to the public under information
quality 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). Pursuant to OMB Memorandum M-19-15, Improving
Implementation of the Information Quality Act (April 24, 2019), DOE
published updated guidelines which are available at www.energy.gov/sites/prod/files/2019/12/f70/DOE%20Final%20Updated%20IQA%20Guidelines%20Dec%202019.pdf. DOE has
reviewed this NOPD under the OMB and DOE guidelines and has concluded
that it is consistent with applicable policies in those guidelines.
K. Review Under Executive Order 13211
E.O. 13211, ``Actions Concerning Regulations That Significantly
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22,
2001), requires Federal agencies to prepare and submit to the Office of
Information and Regulatory Affairs (``OIRA'') at OMB a Statement of
Energy Effects for any proposed significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgates or is expected to lead to promulgation of a final
rule, and that (1) is a significant regulatory action under E.O. 12866,
or any successor Executive 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 proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
This proposed regulatory action to classify air cleaners as covered
products is not a significant regulatory action under Executive Order
12866. Moreover, it would not have a significant adverse effect on the
supply, distribution, or use of energy, nor has it been designated as
such by the Administrator of OIRA. Accordingly, DOE has not prepared a
Statement of Energy Effects.
L. Information Quality
On December 16, 2004, OMB, in consultation with the Office of
Science and Technology Policy (``OSTP''), issued its Final Information
Quality Bulletin for Peer Review (``the Bulletin''). 70 FR 2664 (Jan.
14, 2005). The Bulletin establishes that certain scientific information
shall be peer reviewed by qualified specialists before it is
disseminated by the Federal Government, including influential
scientific information related to agency regulatory actions. The
purpose of the Bulletin is to enhance the quality and credibility of
the Government's scientific information. DOE has determined that the
analyses conducted for this rulemaking do not constitute ``influential
scientific information,'' which the Bulletin defines as ``scientific
information the agency reasonably can determine will have or does have
a clear and substantial impact on important public policies or private
sector decisions.'' 70 FR 2667 (Jan. 14, 2005). The analyses were
subject to pre-dissemination review prior to issuance of this
rulemaking.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notification of proposed determination no later than the date provided
at the DATES section at the beginning of this document. Interested
parties may submit comments, data, and other information using any of
the methods described in the ADDRESSES section at the beginning of this
document.
Submitting comments via www.regulations.gov. The
www.regulations.gov web page will require you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Otherwise, persons viewing comments will see only first and
last names, organization names, correspondence containing comments, and
any documents submitted with the comments.
Do not submit information to www.regulations.gov for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through www.regulations.gov cannot be claimed as CBI. Anyone submitting
comments through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through www.regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that www.regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email. Comments and documents submitted via
email also will be posted to www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information on a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. With this instruction followed, the cover letter will not be
publicly viewable as long as it does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. Facsimile submissions will not
be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, that are written in English, and that are free of any
defects or viruses. Documents should not contain special characters or
any form of encryption and, if possible, they should carry the
electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
[[Page 51636]]
Confidential Business Information. Pursuant to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
It is DOE policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments and
views of interested parties concerning the following issues:
Proposed definition and scope of coverage of air cleaners;
Data and information regarding current annual shipments of
air cleaners and the installed base of air cleaners, specifying the
scope of products included in any such estimates (e.g., portable, non-
portable (wall-mounted, ceiling-mounted, whole-home), etc.);
Availability or lack of availability of technologies for
improving energy efficiency of air cleaners.
Data and information regarding annual energy use estimates
for air cleaners, particularly for products not covered by the ENERGY
STAR program, such as non-portable products (wall-mounted, ceiling-
mounted, and whole-home units); and
Whether classifying air cleaners as a covered product is
necessary or appropriate to carry out the purposes of EPCA.
DOE is interested in receiving views concerning other relevant
issues that participants believe would affect its ability to establish
test procedures and energy conservation standards for air cleaners.
After the expiration of the period for submitting written
statements, DOE will consider all comments and additional information
that is obtained from interested parties or through further analyses,
and it will prepare a final determination.
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this
notification of proposed determination.
Signing Authority
This document of the Department of Energy was signed on September
10, 2021, by Kelly Speakes-Backman, Principal Deputy Assistant
Secretary and Acting Assistant Secretary for Energy Efficiency and
Renewable Energy, pursuant to delegated authority from the Secretary of
Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on September 10, 2021
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-19950 Filed 9-15-21; 8:45 am]
BILLING CODE 6450-01-P
