[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Proposed Rules]
[Pages 77019-77023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-30175]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2013-BT-NOA-0047]
RIN 1904-AD08


Energy Conservation Program: Energy Conservation Standards for 
Certain Consumer Products

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

ACTION: Proposed rule; request for comment.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE or the ``Department'') 
proposes to adopt into the Code of Federal Regulations the definitions 
for ``through-the-wall central air conditioner'' and ``through-the-wall 
central air conditioning heat pump'' that were established in section 5 
of the American Energy Manufacturing Technical Corrections Act. This 
notice also proposes to remove the standards for air conditioners that 
were superseded effective in 2006, and the now defunct references to 
the ``through-the-wall air conditioner and heat pump'' product class, 
including the definition and standards.

DATES: DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) received no later than January 21, 
2014.

ADDRESSES: Any comments submitted must identify the NOPR for the AEMTCA 
amendments and provide docket number EERE-2013-BT-NOA-0047 and/or 
Regulation Identification Number (RIN) 1904-AD08, by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: [email protected]. Include the 
docket number EERE-2013-BT-NOA-0047 and/or RIN 1904-AD08 in the subject 
line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. If possible, please submit all items on 
a compact disc (CD), in which case it is not necessary to include 
printed copies. [Please note that comments and CDs sent by mail are 
often delayed and may be damaged by mail screening processes.]
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone (202) 586-2945. If possible, 
please submit all items on CD, in which case it is not necessary to 
include printed copies.
    Docket: The docket is available for review at regulations.gov, 
including Federal Register notices, framework documents, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
regulations.gov index. However, not all documents listed in the index 
may be publicly available, such as information that is exempt from 
public disclosure.

FOR MORE INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of 
Energy,

[[Page 77020]]

Office of Energy Efficiency and Renewable Energy, Building Technologies 
Program, EE-2J, 1000 Independence Avenue SW., Washington, DC, 20585-
0121, 202-287-1317, email: [email protected].
    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].

Table of Contents

I. Background and Authority
II. Discussion
III. Procedural Requirements
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
IV. Approval of the Office of the Secretary

I. Background and Authority

    The American Energy Manufacturing Technical Corrections Act 
(AEMTCA), Public Law 112-210, was signed into law on December 18, 2012. 
Among its provisions are amendments to Part B \1\ of Title III of the 
Energy Policy and Conservation Act of 1975 (EPCA or ``the Act'') (42 
U.S.C. 6291-6309, as codified), which provides for an energy 
conservation program for consumer products other than automobiles, and 
to Part C \2\ of Title III of EPCA (42 U.S.C. 6311-6317, as codified), 
which provides for an energy conservation program for certain 
commercial and industrial equipment, similar to the one in Part B for 
consumer products.\3\ Some of the AEMTCA amendments to EPCA establish 
or modify certain energy conservation standards and related 
definitions, and make technical changes to the Act. Other AEMTCA 
amendments to EPCA prescribe criteria for the conduct of rulemakings to 
promulgate energy conservation standards for various consumer products 
and commercial and industrial equipment, or direct the Department of 
Energy (DOE) to undertake rulemakings under EPCA.
---------------------------------------------------------------------------

    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
    \3\ All references to EPCA in this document refer to the statute 
as amended through the enactment of the AEMTCA.
---------------------------------------------------------------------------

II. Discussion

    In today's notice, DOE is proposing to amend the Code of Federal 
Regulations (CFR) to include the definitions for ``through-the-wall 
central air conditioner'' and ``through-the-wall central air 
conditioning heat pump'' that were prescribed by the AEMTCA. 42 U.S.C. 
6295(d)(4)(A)(ii). DOE is proposing to amend the language of its 
regulations in 10 CFR 430.2 to adopt these statutory definitions. 
Although the definitions for ``through-the-wall central air 
conditioner'' and ``through-the-wall central air conditioning heat 
pump'' are new, these through-the-wall (``TTW'') products have been 
subject to standards since 2006.
    DOE is also proposing to remove a variety of provisions from 10 CFR 
430.32(c) that reference historical standards. Specifically, DOE is 
proposing to remove paragraph (c)(1) which contains standards for 
certain products manufactured between 1992/1993 and 2006. DOE is also 
proposing to amend its regulations in 10 CFR 430.32(c)(2) and (c)(3) to 
remove references to the ``through-the-wall air conditioner and heat 
pump'' product class, which applied to certain products manufactured 
prior to January 23, 2010. To avoid confusion with the new statutory 
definitions, DOE is also removing the ``through-the-wall air 
conditioner and heat pump'' product class definition currently in 10 
CFR 430.2.
    Although DOE is removing the outdated standards for the TTW product 
classes, DOE wants to be clear that the TTW products (for which this 
rule is adding definitions) are currently subject to standards. As 
discussed in a May 23, 2002 final rule that adopted amended energy 
conservation standards for several classes of residential central air 
conditioners and heat pumps, DOE initially created a separate product 
class for TTW products. 67 FR 36368, 36397 DOE explained that it was 
adopting separate and less stringent standards for TTW products based 
on its analysis of the design characteristics of these products. Id. 
However, DOE also identified a concern that lower standards for TTW 
products could encourage purchasers of equipment covered by higher 
standards to shift to TTW products, thus undermining the standards for 
other products. To address this concern, DOE limited the TTW product 
class to products manufactured prior to January 23, 2010, and specified 
that TTW products manufactured on or after that date would have to 
comply with the standard for other space-constrained products. 67 FR 
36368, 36402
    This provision was retained in the August 17, 2004 technical 
amendment that addressed the ruling of the U.S. Court of Appeals for 
the Second Circuit, which affected the standards for split-system and 
single-package central air conditioners but did not affect the 
standards for space-constrained and TTW products. 69 FR 50997, 50998 
Thus, the 2004 rule again specified that the TTW standards would expire 
on January 23, 2010 and that TTW products manufactured on or after that 
date would be subject to the space-constrained product class. The 2004 
rule also included a footnote to the standards table in 10 CFR 
430.32(c)(2) to ensure that this limitation was clear. Id. Finally, in 
the June 27, 2011 direct final rule that amended the current energy 
efficiency standards for residential central air conditioners and heat 
pumps, DOE again affirmed the limited applicability of the TTW product 
class and amended the footnote to clarify the classification of TTW 
products. 76 FR 37408, 37446
    DOE is proposing to remove the references to the now-defunct TTW 
product class standards; however, through-the-wall central air 
conditioners and through-the-wall central air conditioning heat pumps 
must be assigned to a product class based on the product's 
characteristics. Product class definitions can be found in 10 CFR 430.2 
and 10 CFR part 430, subpart B, appendix M. DOE believes that most, if 
not all, of the historically-characterized ``through-the-wall'' 
products will be assigned to one of the space-constrained product 
classes.

III. Procedural Requirements

A. Review Under Executive Order 12866

    Today's regulatory action is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under that Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must

[[Page 77021]]

be proposed for public comment, unless the agency certifies that the 
proposed rule, if promulgated, will not have a significant economic 
impact on a substantial number of small entities. As required by 
Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's Web site (http://www.energy.gov/gc).
    DOE has reviewed the amendments proposed in today's notice under 
the provisions of the Regulatory Flexibility Act and the procedures and 
policies published on February 19, 2003, and has tentatively concluded 
that the proposed rule, if adopted, will not have a significant impact 
on small manufacturers under the provisions of the Regulatory 
Flexibility Act. These amendments add new statutory definitions for 
currently regulated products and have no impact on the applicable 
standards. These amendments also remove outdated regulatory 
requirements and do not otherwise change the regulatory framework for 
consumer products or commercial and industrial equipment that is 
currently in place. Accordingly, DOE is certifying that, if adopted, 
the changes proposed in this notice would not have a significant 
economic impact on a substantial number of small entities and has not 
prepared a regulatory flexibility analysis.

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of residential central air conditioners and heat 
pumps must certify to DOE that their products comply with any 
applicable energy conservation standards. In certifying compliance, 
manufacturers must test their products according to the DOE test 
procedures for residential central air conditioners and heat pumps, 
including any amendments to these procedures. DOE has established 
regulations for the certification and recordkeeping requirements for 
all covered consumer products and commercial equipment, including 
residential central air conditioners and heat pumps. (76 FR 12422 
(March 7, 2011)) The collection-of-information requirement for the 
certification and recordkeeping is subject to review and approval by 
OMB under the Paperwork Reduction Act (PRA). This requirement has been 
approved by OMB under OMB control number 1910-1400. Public reporting 
burden for the certification is estimated to average 20 hours per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    Pursuant to the National Environmental Policy Act of 1969, DOE has 
determined that this rule is covered under the Categorical Exclusion 
found in DOE's National Environmental Policy Act regulations at 
paragraph A.6 of Appendix A to Subpart D, 10 CFR Part 1021, which 
applies to rulemakings that are strictly procedural. Therefore, DOE 
does not need to prepare an Environmental Assessment or Environmental 
Impact Statement for this rule.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 10, 1999). The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process that it will follow in developing such 
regulations. 65 FR 13735. DOE examined this proposed rule and 
determined that it will not have a substantial direct effect on the 
States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. EPCA governs and prescribes Federal 
preemption of State regulations as to energy conservation for the 
products that are the subject of today's final rule. States can 
petition DOE for exemption from such preemption to the extent, and 
based on criteria, set forth in EPCA. (42 U.S.C. 6297) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation specifies the following: (1) the 
preemptive effect, if any; (2) any effect on existing Federal law or 
regulation; (3) a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) the retroactive 
effect, if any; (5) definitions of key terms; and (6) other important 
issues affecting clarity and general draftsmanship under any guidelines 
issued by the Attorney General. Section 3(c) of Executive Order 12988 
requires Executive agencies to review regulations in light of 
applicable standards in sections 3(a) and 3(b) to determine whether 
they are met or whether it is unreasonable to meet one or more of them. 
DOE has completed the required review and determined that, to the 
extent permitted by law, this proposed rule meets the relevant 
standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess 
the effects of Federal regulatory actions on State, local, and Tribal 
governments and the private sector. For a regulatory action resulting 
in a rule that may cause the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any one year (adjusted annually for inflation), section 202 
of UMRA requires a Federal agency to publish estimates of the resulting 
costs, benefits, and other effects on the national economy. (2 U.S.C. 
1532(a)-(b)) UMRA also requires a Federal agency to develop an 
effective process to permit timely input by

[[Page 77022]]

elected officers of State, local, and Tribal governments on a proposed 
``significant intergovernmental mandate,'' and requires an agency plan 
for giving notice and opportunity for timely input to potentially-
affected small governments before establishing any requirements that 
might significantly or uniquely affect such governments. On March 18, 
1997, DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is 
also available at www.energy.gov/gc). Today's proposed rule contains 
neither an intergovernmental mandate nor a mandate that may result in 
an expenditure of $100 million or more in any year, so these 
requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
Today's proposed rule would not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's proposed rule under OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OIRA 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgates or is expected to lead to promulgation of a final rule 
and that (1) is a significant regulatory action under Executive Order 
12866, or any successor order; and (2) is likely to have a significant 
adverse effect on the supply, distribution, or use of energy; or (3) is 
designated by the Administrator of OIRA as a significant energy action. 
For any significant energy action, the agency must give a detailed 
statement of any adverse effects on energy supply, distribution, or use 
if the regulation is implemented, and of reasonable alternatives to the 
action and their expected benefits on energy supply, distribution, and 
use. Today's proposed regulatory action is not a significant regulatory 
action under Executive Order 12866. It has likewise not been designated 
as a significant energy action by the Administrator of OIRA. Moreover, 
it would not have a significant adverse effect on the supply, 
distribution, or use of energy. Therefore, it is not a significant 
energy action, and, accordingly, DOE has not prepared a Statement of 
Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42 
U.S.C. 7101 et seq.), DOE must comply with section 32 of the Federal 
Energy Administration Act of 1974, as amended by the Federal Energy 
Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788) 
Section 32 essentially provides in part that, where a rule authorizes 
or requires use of commercial standards, the rulemaking must inform the 
public of the use and background of such standards. In addition, 
section 32(c) requires DOE to consult with the Attorney General and the 
Chairman of the Federal Trade Commission (FTC) concerning the impact of 
the commercial or industry standards on competition.
    The proposed modifications to regulatory definitions addressed by 
this action do not incorporate testing methods contained in any new 
commercial standards not already referenced by the test procedures.

IV. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, DC, on November 26, 2013.
David Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons stated in the preamble, DOE proposes to amend part 
430 of chapter II, subchapter D, of title 10, of the Code of Federal 
Regulations, as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

0
2. Section 430.2 is amended by removing the definition of ``through-
the-wall air conditioner and heat pump'' and by adding, in alphabetical 
order, definitions for ``through-the-wall central air conditioner'' and 
``through-the-wall central air conditioning heat pump'' to read as 
follows:


Sec.  430.2  Definitions.

* * * * *
    Through-the-wall central air conditioner means a central air 
conditioner that is designed to be installed totally or partially 
within a fixed-size opening in an exterior wall, and:
    (1) Is not weatherized;
    (2) Is clearly and permanently marked for installation only through 
an exterior wall;
    (3) Has a rated cooling capacity no greater than 30,000 Btu/hr;
    (4) Exchanges all of its outdoor air across a single surface of the 
equipment cabinet; and
    (5) Has a combined outdoor air exchange area of less than 800 
square inches (split systems) or less than 1,210 square inches (single 
packaged systems) as measured on the surface described in paragraph (4) 
of this definition.
    Through-the-wall central air conditioning heat pump means a heat 
pump that is designed to be installed totally or partially within a 
fixed-size opening in an exterior wall, and:
    (1) Is not weatherized;

[[Page 77023]]

    (2) Is clearly and permanently marked for installation only through 
an exterior wall;
    (3) Has a rated cooling capacity no greater than 30,000 Btu/hr;
    (4) Exchanges all of its outdoor air across a single surface of the 
equipment cabinet; and
    (5) Has a combined outdoor air exchange area of less than 800 
square inches (split systems) or less than 1,210 square inches (single 
packaged systems) as measured on the surface described in paragraph (4) 
of this definition.
* * * * *
0
3. Section 430.32 is amended by
0
a. Revising the introductory text to paragraph (c);
0
b. Removing paragraph (c)(1);
0
c. Redesignating paragraphs (c)(2) through (c)(6) as (c)(1) through 
(c)(5) respectively;
0
d. Removing footnote 1 to the table in newly redesignated paragraph 
(c)(1);
0
e. Removing rows (v)(A) and (v)(B) in the table in newly redesignated 
paragraph (c)(1);
0
f. Redesignating row (vi) in the table in newly redesignated paragraph 
(c)(1) as row (v);
0
g. Redesignating rows (vii)(A) and (vii)(B) in the table in newly 
redesignated paragraph (c)(1) as rows (vi)(A) and (vi)(B) respectively; 
and
0
h. Removing footnote 1 to the table in newly redesignated paragraph 
(c)(2).
    The revision reads as follows:


Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

* * * * *
    (c) Central air conditioners and heat pumps. The energy 
conservation standards defined in terms of the heating seasonal 
performance factor are based on Region IV, the minimum standardized 
design heating requirement, and the sampling plan stated in Sec.  
429.16 of this chapter.
* * * * *
[FR Doc. 2013-30175 Filed 12-19-13; 8:45 am]
BILLING CODE 6450-01-PC