[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Rules and Regulations]
[Pages 20091-20094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08223]



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  Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Rules 
and Regulations  

[[Page 20091]]



DEPARTMENT OF ENERGY

10 CFR Part 430

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


Energy Conservation Program: Energy Conservation Standards for 
Certain Consumer Products

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

ACTION: Final rule.

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

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superseded effective in 2006, and the now defunct references to the 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

DATES: The effective date of this rule is May 12, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Lucas Adin, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC, 20585-0121, 202-287-1317, email: [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].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Background and Authority

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

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

II. Discussion

    In today's final rule, DOE is adopting several changes to its 
regulations regarding certain types of residential central air 
conditioners, which DOE proposed in a notice published on December 20, 
2013. 78 FR 77019. Specifically, DOE proposed to amend the Code of 
Federal Regulations (CFR) to include the definitions for ``through-the-
wall central air conditioner'' and ``through-the-wall central air 
conditioning heat pump'' that were prescribed by the AEMTCA. 42 U.S.C. 
6295(d)(4)(A)(ii). DOE proposed to amend the language of its 
regulations in 10 CFR 430.2 to adopt these statutory definitions. 
Although the definitions for ``through-the-wall central air 
conditioner'' and ``through-the-wall central air conditioning heat 
pump'' are new, these through-the-wall (``TTW'') products have been 
subject to standards since 2006.
    The December 20, 2013 proposed rule also included a proposal to 
remove a variety of provisions from 10 CFR 430.32(c) that reference 
historical standards. Specifically, DOE proposed to remove paragraph 
(c)(1) which contains standards for certain products manufactured 
between 1992/1993 and 2006. DOE also proposed to amend its regulations 
in 10 CFR 430.32(c)(2) and (c)(3) to remove references to the 
``through-the-wall air conditioner and heat pump'' product class, which 
applied to certain products manufactured prior to January 23, 2010. To 
avoid confusion with the new statutory definitions, DOE proposed to 
remove the ``through-the-wall air conditioner and heat pump'' product 
class definition currently in 10 CFR 430.2.
    Although DOE is removing the outdated standards for the TTW product 
classes, DOE wants to be clear that the TTW products (for which this 
rule is adding definitions) are currently subject to standards. As 
discussed in a May 23, 2002 final rule that adopted amended energy 
conservation standards for several classes of residential central air 
conditioners and heat pumps, DOE initially created a separate product 
class for TTW products. 67 FR 36368, 36397. DOE explained that it was 
adopting separate standards for TTW products based on its analysis of 
the design characteristics of these products. Id. However, DOE also 
identified a concern

[[Page 20092]]

that separate standards for TTW products could encourage purchasers of 
equipment covered by more stringent standards to shift to TTW products. 
To address this concern, DOE defined the TTW product class as 
applicable to products manufactured prior to January 23, 2010, and 
specified that TTW products manufactured on or after that date would 
have to comply with the standard for other space-constrained products. 
67 FR 36368, 36402.
    This definition was retained in the August 17, 2004 technical 
amendment that addressed the ruling of the U.S. Court of Appeals for 
the Second Circuit, which affected the standards for split-system and 
single-package central air conditioners but did not affect the 
standards for space-constrained and TTW products. 69 FR 50997, 50998. 
Thus, the 2004 rule again specified that the TTW standards applied to 
products manufactured prior to January 23, 2010, and that TTW products 
manufactured on or after that date would be subject to the space-
constrained product class. The 2004 rule also included a footnote to 
the standards table in 10 CFR 430.32(c)(2) to ensure that this 
limitation was clear. Id. Finally, in the June 27, 2011 direct final 
rule that amended the current energy efficiency standards for 
residential central air conditioners and heat pumps, DOE again affirmed 
the applicability of the TTW product class and amended the footnote to 
clarify the classification of TTW products. 76 FR 37408, 37446.
    Having received no public comments on the proposals in the December 
20, 2013 proposed rule, DOE is adopting the proposed changes described 
in this section. DOE notes that, while this final rule removes the 
references to the now-defunct TTW product class standards, through-the-
wall central air conditioners and through-the-wall central air 
conditioning heat pumps must be assigned to a product class based on 
the product's characteristics. Product class definitions can be found 
in 10 CFR 430.2 and 10 CFR part 430, subpart B, appendix M. DOE 
believes that most, if not all, of the historically-characterized 
``through-the-wall'' products will be assigned to one of the space-
constrained product classes.

III. Procedural Requirements

A. Review Under Executive Order 12866

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

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the proposed rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's Web site (http://www.energy.gov/gc).
    DOE reviewed the amendments in the December 20, 2013 proposed rule 
under the provisions of the Regulatory Flexibility Act and the 
procedures and policies published on February 19, 2003, and tentatively 
concluded that the proposed rule, if adopted, would not have a 
significant impact on small manufacturers under the provisions of the 
Regulatory Flexibility Act. These amendments add new statutory 
definitions for currently regulated products and have no impact on the 
applicable standards. These amendments also remove outdated regulatory 
requirements and do not otherwise change the regulatory framework for 
consumer products or commercial and industrial equipment that is 
currently in place. DOE received no comments objecting to this 
conclusion. For these reasons, DOE concludes and certifies that the 
rule would not have a significant economic impact on a substantial 
number of small entities and has not prepared a regulatory flexibility 
analysis. DOE has transmitted the certification and supporting 
statement of factual basis to the Chief Counsel for Advocacy of the SBA 
for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

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

D. Review Under the National Environmental Policy Act of 1969

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

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' imposes certain requirements 
on agencies formulating and implementing policies or regulations that 
preempt State law or that have Federalism implications. 64 FR 43255 
(August 10, 1999). The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a

[[Page 20093]]

statement of policy describing the intergovernmental consultation 
process that it will follow in developing such regulations. 65 FR 
13735. DOE examined this final rule and determined that it will not 
have a substantial direct effect on the States, on the relationship 
between the national government and the States, or on the distribution 
of power and responsibilities among the various levels of government. 
EPCA governs and prescribes Federal preemption of State regulations as 
to energy conservation for the products that are the subject of today's 
final rule. States can petition DOE for exemption from such preemption 
to the extent, and based on criteria, set forth in EPCA. (42 U.S.C. 
6297) No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

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

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4; 2 U.S.C. 1501 et seq.) requires each Federal agency to assess 
the effects of Federal regulatory actions on State, local, and Tribal 
governments and the private sector. For a regulatory action resulting 
in a rule that may cause the expenditure by State, local, and Tribal 
governments, in the aggregate, or by the private sector of $100 million 
or more in any one year (adjusted annually for inflation), section 202 
of UMRA requires a Federal agency to publish estimates of the resulting 
costs, benefits, and other effects on the national economy. (2 U.S.C. 
1532(a)-(b)) UMRA also requires a Federal agency to develop an 
effective process to permit timely input by elected officers of State, 
local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially-affected small 
governments before establishing any requirements that might 
significantly or uniquely affect such governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. (The policy is 
also available at www.energy.gov/gc). Today's final rule contains 
neither an intergovernmental mandate nor a mandate that may result in 
an expenditure of $100 million or more in any year, so these 
requirements do not apply.

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

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

I. Review Under Executive Order 12630

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

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

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

K. Review Under Executive Order 13211

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

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

    Under section 301 of the DOE Organization Act (Pub. L. 95-91; 42 
U.S.C. 7101 et seq.), DOE must comply with section 32 of the Federal 
Energy Administration Act of 1974, as amended by the Federal Energy 
Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788) 
Section 32 essentially provides in part that, where a rule authorizes 
or requires use of commercial standards, the rulemaking must inform the 
public of the use and background of such standards. In addition, 
section 32(c) requires DOE to consult with the

[[Page 20094]]

Attorney General and the Chairman of the Federal Trade Commission (FTC) 
concerning the impact of the commercial or industry standards on 
competition.
    The modifications to regulatory definitions addressed by this 
action do not incorporate testing methods contained in any new 
commercial standards not already referenced by the test procedures.

IV. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Energy conservation, 
Household appliances.

    Issued in Washington, DC, on April 7, 2014.
David T. Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.

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

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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


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


Sec.  430.2  Definitions.

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

0
3. Section 430.32 is amended by:
0
a. Revising the introductory text to paragraph (c);
0
b. Removing paragraph (c)(1);
0
c. Redesignating paragraphs (c)(2) through (c)(6) as (c)(1) through 
(c)(5) respectively;
0
d. Removing footnote 1 to the table in newly redesignated paragraph 
(c)(1);
0
e. Removing newly redesignated paragraphs (c)(1)(v)(A) and (v)(B);
0
f. Further redesignating newly redesignated paragraph (c)(1)(vi) as 
paragraph (c)(1)(v);
0
g. Further redesignating newly redesignated paragraphs (c)(1)(vii)(A) 
and (vii)(B) as paragraphs (c)(1)(vi)(A) and (vi)(B) respectively;
0
h. Removing footnote 1 to the table in newly redesignated paragraph 
(c)(2);
0
i. Amending newly redesignated paragraph (c)(3) by removing the 
reference to ``(c)(3)'' and adding in its place ``(c)(2)''; and
0
j. Amending newly redesignated paragraph (c)(4), by removing the 
references to ``(c)(3)'' in both places and adding in their places, 
``(c)(2)''.
    The revision reads as follows:


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

* * * * *
    (c) Central air conditioners and heat pumps. The energy 
conservation standards defined in terms of the heating seasonal 
performance factor are based on Region IV, the minimum standardized 
design heating requirement, and the sampling plan stated in Sec.  
429.16 of this chapter.
* * * * *
[FR Doc. 2014-08223 Filed 4-10-14; 8:45 am]
BILLING CODE 6450-01-P