[Federal Register Volume 78, Number 232 (Tuesday, December 3, 2013)]
[Rules and Regulations]
[Pages 72533-72534]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28768]



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 Rules and Regulations
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  Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / 
Rules and Regulations  

[[Page 72533]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2013-BT-NOA-0047]
RIN 1904-AD08


Energy Conservation Program: Energy Conservation Standards for 
Certain Consumer Products

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Final rule; technical amendment.

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SUMMARY: This final rule incorporates certain changes to the Code of 
Federal Regulations addressed in a final rule published on October 23, 
2013. That final rule adopted changes to definitions and energy 
conservation standards enacted through the American Energy 
Manufacturing Technical Corrections Act, among which were a revised 
definition and revised energy conservation standards for small duct 
high velocity central air conditioners and heat pumps. However, the 
final rule erroneously omitted the changes to the regulatory text. This 
final rule incorporates those changes.

DATES: Effective Date: December 3, 2013.

FOR FURTHER INFORMATION CONTACT: Lucas Adin, 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) 287-1317. Email: Lucas.Adin;@ee.doe.gov.
    Jennifer Tiedeman, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC, 20585-
0121. Telephone: (202) 287-6111. Email: [email protected].

I. Background

    The American Energy Manufacturing Technical Corrections Act 
(AEMTCA; H.R. 6582), Pub. L. 112-210, was signed into law on December 
18, 2012. Among its provisions are amendments to Part B \1\ of Title 
III of the Energy Policy and Conservation Act of 1975 (EPCA or ``the 
Act'') (42 U.S.C. 6291-6309, as codified), which provides for an energy 
conservation program for consumer products other than automobiles. 
Section 5 of the AEMTCA added to EPCA a definition and standards 
specifically for small duct high velocity systems (SDHVs). (42 U.S.C. 
6295(d)(4)) The new EPCA definition (42 U.S.C. 6295(d)(4)(A)(i)) 
repeats verbatim the wording of DOE's definition of SDHV, with one 
minor editorial change. In a final rule published on October 23, 2013, 
DOE explained that it was incorporating this change into its definition 
of SDHV in 10 CFR 430.2. 78 FR 62988, 62989-62990. The AEMTCA 
amendments also established that SDHV units manufactured on or after 
January 23, 2006 and before January 1, 2015, must perform at or above 
11 SEER and 6.8 HSP and SDHV units manufactured on January 1, 2015, and 
thereafter must perform at or above 12 SEER and 7.2 HSP. In the October 
23, 2013 rule, DOE explained that it was replacing its current 
standards for SDHVs with these new EPCA standards. However, the final 
rule erroneously omitted the amended regulatory text for the SDHV 
definition and standards.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
---------------------------------------------------------------------------

II. Summary of Today's Action

    By today's action, DOE is including in the Code of Federal 
Regulations (CFR) the new and modified standards and definitions 
applicable to SDHVs prescribed by the AEMTCA. This is a purely 
technical amendment, and at this time DOE is not exercising any of the 
authority that Congress has provided in the AEMTCA for the Secretary of 
Energy to revise definitions and energy conservation standards.

III. Final Action

    DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior 
notice and an opportunity for public comment on this final rule are 
unnecessary. DOE is merely placing in the CFR text prescribed by the 
Congress in the AEMTCA and making other limited revisions to its 
regulations as necessitated by this text. DOE is not exercising any of 
the discretionary authority that the Congress has provided to the 
Secretary of Energy in the AEMTCA. DOE, therefore, finds that good 
cause exists to waive prior notice and an opportunity to comment for 
this rulemaking. For the same reasons, DOE, pursuant to 5 U.S.C. 
553(d)(3), finds that good cause exists for making this final rule 
effective upon publication in the Federal Register.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    Today's final rule is not a ``significant regulatory action'' under 
section 3(f)(1) of Executive Order 12866 and the principles reaffirmed 
in Executive Order 13563. Accordingly, today's action was neither 
subject to review by the Office of Information and Regulatory Affairs 
(OIRA) in the Office of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's Web site (http://energy.gov/gc/office-general-counsel). 
Because this is a technical amendment for which a general notice of 
proposed rulemaking is not required, the analytical requirements of the 
Regulatory Flexibility Act do not apply to this rulemaking.

[[Page 72534]]

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of today's final 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, DC, on November 25, 2013.
David T. Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.
    For the reasons set forth in the preamble, DOE hereby amends part 
430 of chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations, as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for Part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by revising the definition of ``Small duct, 
high velocity system'' to read as follows:


Sec.  430.2  Definitions.

* * * * *
    Small duct, high velocity system means a heating and cooling 
product that contains a blower and indoor coil combination that--
    (1) Is designed for, and produces, at least 1.2 inches of external 
static pressure when operated at the certified air volume rate of 220-
350 CFM per rated ton of cooling; and
    (2) When applied in the field, uses high velocity room outlets 
generally greater than 1,000 fpm that have less than 6.0 square inches 
of free area.
* * * * *


Sec.  430.32  [Amended]

0
3. Section 430.32 is amended:
0
a. In the table for paragraph (c)(2):
0
1. First column, by removing the footnote designation from rows (v)(A) 
and (v)(B) and adding it after ``class'' in the heading of the first 
column;
0
2. Row (vi) in the second column, by removing ``13'' and adding in its 
place, ``11'', and in the third column by removing ``7.7'' and adding 
in its place, ``6.8'';
0
b. In the table for paragraph (c)(3), row (v) in the second column, by 
removing ``13'' and adding in its place, ``12'', and in the third 
column by removing ``7.7'' and adding in its place, ``7.2''.

[FR Doc. 2013-28768 Filed 12-2-13; 8:45 am]
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