[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Proposed Rules]
[Pages 1649-1654]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-328]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2011-BT-DET-0079]
RIN 1904-AC69
Energy Conservation Program for Consumer Products and Certain
Commercial and Industrial Equipment: Proposed Determination of
Residential Central Air Conditioner Split-System Condensing Units and
Residential Heat Pump Split-System Outdoor Units as a Covered Consumer
Product
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed determination.
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SUMMARY: The U.S. Department of Energy (DOE) proposes to determine that
Residential Central Air Conditioner Split-System Condensing Units
(hereafter referred to as ``Condensing Units'') and Residential Heat
Pump Split-System Outdoor Units (hereafter referred to as ``Outdoor
Units) qualify as a covered product under Part A of Title III of the
Energy Policy and Conservation Act (EPCA), as amended. DOE has
determined that Condensing Units and Outdoor Units meet the criteria
for covered products because: (1) Classifying products of such type as
covered products is necessary or appropriate to carry out the purposes
of EPCA, and (2) the average U.S. household energy use for Condensing
Units and Outdoor Units are likely to exceed 100 kilowatt-hours (kWh)
per year.
DATES: DOE will accept written comments, data, and information on this
notice, but no later than February 10, 2012.
ADDRESSES: Interested persons may submit comments, identified by docket
number EERE-2011-BT-DET-0079, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov Follow the
instructions for submitting comments.
Email: Brenda.Edwards@ee.doe.gov. Include EERE-2011-BT-
DET-0079 and/or RIN 1904-AC69 in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, EERE-2011-BT-DET-0079
and/or RIN 1904-AC69, 1000 Independence Avenue SW., Washington, DC
20585-0121. Phone: (202) 586-2945. Please submit one signed paper
original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza
SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit one
signed paper original.
Instructions: All submissions received must include the agency name
and docket number or RIN for this notice.
Docket: For access to the docket to read background documents, a
copy of the transcript of the public meeting, or comments received, go
to the U.S. Department of Energy, 6th Floor, 950 L'Enfant Plaza SW.,
Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday
through Friday, except Federal holidays. Please call Ms. Brenda Edwards
at (202) 586-2945 for additional information regarding visiting the
Resource Room.
FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, 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. Telephone: (202) 586-17335. Email:
Ashley.Armstrong@ee.doe.gov.
In the Office of General Counsel, contact Ms. Elizabeth Kohl, U.S.
Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue SW., Washington, DC 20585. Telephone: (202) 586-
7796. Email: Elizabeth.Kohl@hq.doe.gov.
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Proposed Definition(s)
IV. Evaluation of Condensing Units and Outdoor Units as a Covered
Product Subject to Energy Conservation Standards
A. Coverage Appropriate to Carry Out Purposes of EPCA
B. Average Household Energy Use
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. Review Under the Information Quality Bulletin for Peer Review
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
[[Page 1650]]
I. Statutory Authority
Title III of the Energy Policy and Conservation Act (EPCA), as
amended (42 U.S.C. 6291 et seq.), sets forth various provisions
designed to improve energy efficiency. Part A of Title III of EPCA (42
U.S.C. 6291-6309) established the ``Energy Conservation Program for
Consumer Products Other Than Automobiles,'' which covers consumer
products and certain commercial products (hereafter referred to as
``covered products'').\1\ In addition to specifying a list of covered
residential and commercial products, EPCA contains provisions that
enable the Secretary of Energy to classify additional types of consumer
products as covered products. For a given product to be classified as a
covered product, the Secretary must determine that:
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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(1) Classifying the product as a covered product is necessary or
appropriate to carry out the purposes of EPCA; \2\ and
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\2\ Specifically, the purposes of chapter 77 of title 42 of the
United States Code, as set forth later in this proposed coverage
determination.
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(2) The average annual per-household energy use by products of such
type is likely to exceed 100 kWh per year. (42 U.S.C. 6292(b)(1)).
For the Secretary to prescribe an energy conservation standard
pursuant to 42 U.S.C. 6295(o) and (p) for covered products added
pursuant to 42 U.S.C. 6292(b)(1), he must also determine that:
(1) The average household energy use of the products has exceeded
150 kilowatt-hours per household for a 12-month period,
(2) The aggregate 12-month energy use of the products has exceeded
4.2 TWh,
(3) Substantial improvement in energy efficiency is technologically
feasible, and
(4) Application of a labeling rule under section 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)).
If DOE issues a final determination that condensing units and
outdoor units are covered products, DOE will consider test procedures
and energy efficiency standards for these products. DOE will determine
if standards for condensing units and outdoor units satisfy the
provisions of 42 U.S.C. 6295(l)(1) during the course of any energy
conservation standards rulemaking.
II. Current Rulemaking Process
DOE has not previously conducted an energy conservation standard
rulemaking specifically for condensing units and outdoor units. DOE
has, however, previously conducted two energy conservation standard
rulemakings for Residential Central Air Conditioners and Heat Pumps of
which the Condensing Units and Outdoor Units, respectively, are a
component. If after public comment, DOE issues a final determination of
coverage for condensing units and outdoor units, DOE will consider both
a test procedure and an energy conservation standard for this product.
With respect to test procedures, DOE will consider a proposed test
procedure for measuring the energy efficiency, energy use or estimated
annual operating cost of condensing units and outdoor units during a
representative average use cycle or period of use that is not unduly
burdensome to conduct. (42 U.S.C. 6293(b)(3)). In a test procedure
rulemaking, DOE initially prepares a notice of proposed rulemaking
(NOPR) and allows interested parties to present oral and written data,
views, and arguments with respect to such procedures. In prescribing
new test procedures, DOE takes into account relevant information
including technological developments relating to energy use or energy
efficiency of condensing units and outdoor units.
With respect to energy conservation standards, DOE typically
prepares initially an Energy Conservation Standards Rulemaking
Framework Document (the framework document). The framework document
explains the issues, analyses, and process that it is considering for
the development of energy conservation standards for condensing units
and outdoor units. After DOE receives comments on the framework
document, DOE typically prepares an Energy Conservation Standards
Rulemaking Preliminary Analysis and Technical Support Document (the
preliminary analysis). The preliminary analysis typically provides
initial draft analyses of potential energy conservation standards on
consumers, manufacturers, and the nation. Neither of these steps is
legally required.
DOE is required to publish a notice of proposed rulemaking (NOPR).
The NOPR provides DOE's proposal for potential energy conservations
standards and a summary of the results of DOE's supporting technical
analysis. The details of DOE's energy conservation standards analysis
are provided in a technical support document (TSD) that describes the
details of DOE's analysis of both the burdens and benefits of potential
standards, pursuant to 42 U.S.C. 6295(o). Because condensing units and
outdoor units would be a product that is newly covered under 42 U.S.C.
6292(b)(1), DOE would also consider as part of any energy conservation
standard NOPR whether condensing units and outdoor units satisfy the
requirements of 42 U.S.C. 6295(l)(1). After the publication of the
NOPR, DOE affords interested persons an opportunity during a period of
not less than 60 days to provide oral and written comment. After
receiving and considering the comments on the NOPR and not less than 90
days after the publication of the NOPR, DOE would issue the final rule
prescribing any new energy conservation standards for condensing units
and outdoor units.
III. Proposed Definition(s)
Section 430.2 in the Code of Federal Regulations defines a
``Condensing Unit'' as a component of a central air conditioner which
is designed to remove the heat absorbed by the refrigerant and to
transfer it to the outside environment, and which consists of an
outdoor coil, compressor(s), and air moving device.
DOE proposes to revise the above definition for ``Condensing Unit''
by adding the term ``split-system'' as a component of a split-system
central air conditioner which is designed to remove the heat absorbed
by the refrigerant and to transfer it to the outside environment, and
which consists of an outdoor coil, compressor(s), and air moving
device.
Section 430.2 in the Code of Federal Regulations also defines an
``Outdoor Unit'' as a component of a split-system central air
conditioner or heat pump that is designed to transfer heat between the
refrigerant and the outdoor air, and which consists of an outdoor coil,
compressor(s), an air moving device, and in addition for heat pumps, a
heating mode expansion device, reversing valve, and defrost controls.
DOE does not propose to revise the above definition for ``Outdoor
Unit.''
DOE seeks feedback from interested parties on its definitions of
condensing units and outdoor units.
[[Page 1651]]
IV. Evaluation of Condensing Units and Outdoor Units as a Covered
Product Subject to Energy Conservation Standards
The following sections describe DOE's evaluation of whether
condensing units and outdoor units 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
and 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 kilowatt-hours (or its Btu equivalent) per year.
A. Coverage Appropriate To Carry Out Purposes of EPCA
Coverage of set condensing units and outdoor units 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. 6201). The
household national energy use of Residential Central Air Conditioner
Split-Systems and Residential Heat Pump Split-Systems for the year 2011
is estimated to be 133.1 billion kilowatt-hours and 58.6 billion
kilowatt-hours, respectively.\3\ Condensing Units, which are a
component of Residential Central Air Conditioner Split-Systems,
represent approximately 87 percent of total system energy use. Outdoor
Units, which are a component of Residential Heat Pump Split-Systems,
also represent 87 percent of total system energy use.\4\ Therefore, the
national energy use of condensing units and outdoor units for the year
2011 is estimated to be 115.8 billion kilowatt-hours and 51.0 billion
kilowatt-hours, respectively. Because there is significant variation in
the annual energy consumption of different models currently available,
technologies exist to reduce the energy consumption of condensing units
and outdoor units.
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\3\ See National Impacts Analysis (NIA) spreadsheet for
Furnaces, Central Air Conditioners, and Heat Pumps developed for
DOE's June 27, 2011 Direct Final Rule for Energy Conservation
Standards for Residential Furnaces and Residential Central Air
Conditioners and Heat Pumps. (76 FR 37408). The NIA spreadsheet is
available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/residential_furnaces_ac_hp_direct_final_rule_tools.html.
\4\ U.S. Department of Energy. ``Technical Support Document:
Energy Efficiency Program for Consumer Products: Residential Central
Air Conditioners, Heat Pumps, and Furnaces.'' June 2011. Chapter 7.
Available at: http://www1.eere.energy.gov/buildings/appliance_standards/residential/residential_furnaces_central_ac_hp_direct_final_rule_tsd.html.
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B. Average Household Energy Use
DOE calculated average household energy use for condensing units
and outdoor units, in households that used the product, based on data
from DOE's June 2011 Technical Support Document (TSD) for Residential
Central Air Conditioners, Heat Pumps, and Furnaces.\3\ The TSD provides
annual energy use for Residential Central Air Conditioner Split-Systems
and Residential Heat Pump Split-Systems, and the total number of
systems in operation in the U.S. The average U.S. per-household annual
energy use for the stock of Residential Central Air Conditioner Split-
Systems and Residential Heat Pump Split-Systems is 2851 kilowatt-hours
and 4264 kilowatt-hours, respectively. As noted above, condensing units
and outdoor units comprise approximately 87 percent of total system
energy use. As a result, the estimated average U.S. per-household
annual energy use for the stock of condensing units and outdoor units
is 2480 kilowatt-hours and 3710 kilowatt-hours, respectively.
Therefore, the average annual per household energy use for condensing
units and outdoor units is likely to exceed 100 kWh.
V. Procedural Issues and Regulatory Review
DOE has reviewed its proposed determination of condensing units and
outdoor units under the following executive orders and acts.
A. Review Under Executive Order 12866
The Office of Management and Budget has determined that coverage
determination rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
proposed action was not subject to review under the 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., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996)
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. A regulatory flexibility analysis examines the impact of the
rule on small entities and considers alternative ways of reducing
negative effects. Also, as required by E.O. 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 impact of its rules on small
entities are properly considered during the DOE rulemaking process. 68
FR 7990 (February 19, 2003). DOE makes its procedures and policies
available on the Office of the General Counsel's Web site at
www.gc.doe.gov.
DOE reviewed today's proposed determination under the provisions of
the Regulatory Flexibility Act and the policies and procedures
published on February 19, 2003. If adopted, today's proposed
determination would set no standards; they 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. On the basis of the foregoing, DOE certifies that
the proposed determination, if adopted, would have no significant
economic impact on a substantial number of small entities. Accordingly,
DOE has not prepared a regulatory flexibility analysis for this
proposed determination. DOE will transmit this 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 of 1995
This proposed determination, which proposes to determine that
condensing units and outdoor units meets the criteria for a covered
product for which the Secretary may prescribe an energy conservation
standard pursuant to 42 U.S.C. 6295(o) and (p), will impose no new
information or record-keeping requirements. Accordingly, the Office of
Management and Budget (OMB) clearance is not required under the
Paperwork Reduction Act. (44 U.S.C. 3501 et seq.).
D. Review Under the National Environmental Policy Act of 1969
In this notice, DOE proposes to positively determine that future
standards may be warranted and that environmental impacts should be
[[Page 1652]]
explored in an energy conservation standards rulemaking. DOE has
determined that review under the National Environmental Policy Act of
1969 (NEPA), Public Law 91-190, codified at 42 U.S.C. 4321 et seq. is
not required at this time. NEPA review can only be initiated ``as soon
as environmental impacts can be meaningfully evaluated'' (10 CFR
1021.213(b)). This proposed determination would only determine that
future standards may be warranted, but would not itself propose to set
any specific standard. DOE has, therefore, determined that there are no
environmental impacts to be evaluated at this time. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
E. Review Under Executive Order 13132
Executive Order (E.O.) 13132, ``Federalism'' 64 FR 43255 (August
10, 1999), imposes certain requirements on 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 assess carefully 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 developing
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 (March 14, 2000). DOE has
examined today's proposed determination and concludes that it would not
preempt State law or have 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 product that is the
subject of today's proposed determination. States can petition DOE for
exemption from such preemption to the extent permitted, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297). 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'' 61 FR 4729 (February 7, 1996), imposes on Federal
agencies the duty to: (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 E.O. 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 E.O. 12988 requires
Executive agencies to review regulations in light of applicable
standards in sections 3(a) and 3(b) to determine whether these
standards are met, or whether it is unreasonable to meet one or more of
them. 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) (Pub.
L. 104-4, codified at 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 regulatory
actions likely to result in a rule that may cause expenditures by
State, local, and Tribal governments, in the aggregate, or by the
private sector of $100 million or more in any 1 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)
and (b)) 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.''
UMRA also requires an agency plan for giving notice and opportunity for
timely input to small governments that may be potentially affected
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 (March 18, 1997). (This policy also is available at
www.gc.doe.gov). DOE reviewed today's proposed determination pursuant
to these existing authorities and its policy statement and determined
that the proposed determination contains neither an intergovernmental
mandate nor a mandate that may result in the expenditure of $100
million or more in any year, so the UMRA requirements 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 (March 15,
1988), DOE 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
The Treasury and General Government Appropriation Act of 2001 (44
U.S.C. 3516, note) requires agencies to review most disseminations of
information they make to the public under guidelines established by
each agency pursuant to general guidelines issued by the Office of
Management and Budget (OMB). The OMB's guidelines were published at 67
FR 8452 (February 22, 2002), and DOE's guidelines were published at 67
FR 62446 (October 7, 2002). DOE has reviewed today's proposed
determination 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
[[Page 1653]]
to 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 a final rule 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 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 the Office of
Information and Regulatory Affairs (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 if the proposal is implemented, and of reasonable
alternatives to the proposed action and their expected benefits on
energy supply, distribution, and use.
DOE has concluded that today's regulatory action proposing to
determine that condensing units and outdoor units meets the criteria
for a covered product for which the Secretary may prescribe an energy
conservation standard pursuant to 42 U.S.C. 6295(o) and (p) would not
have a significant adverse effect on the supply, distribution, or use
of energy. This action is also not a significant regulatory action for
purposes of E.O. 12866, and the OIRA Administrator has not designated
this proposed determination as a significant energy action under E.O.
12866 or any successor order. Therefore, this proposed determination is
not a significant energy action. Accordingly, DOE has not prepared a
Statement of Energy Effects for this proposed determination.
L. Review Under the Information Quality Bulletin for Peer Review
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 (January
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. Under the Bulletin, the energy
conservation standards rulemaking analyses are ``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 (January 14, 2005).
In response to OMB's Bulletin, DOE conducted formal in-progress
peer reviews of the energy conservation standards development process
and analyses and has prepared a Peer Review Report pertaining to the
energy conservation standards rulemaking analyses. Generation of this
report involved a rigorous, formal, and documented evaluation using
objective criteria and qualified and independent reviewers to make a
judgment as to the technical/scientific/business merit, the actual or
anticipated results, and the productivity and management effectiveness
of programs and/or projects. The ``Energy Conservation Standards
Rulemaking Peer Review Report'' dated February 2007 has been
disseminated and is available at the following Web site: http://www1.eere.energy.gov/buildings/appliance_standards/peer_review.html.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notice of proposed determination no later than the date provided at the
beginning of this notice. After the close of the comment period, DOE
will review the comments received and determine whether condensing
units and outdoor units is a covered product under EPCA.
Comments, data, and information submitted to DOE's email address
for this proposed determination should be provided in WordPerfect,
Microsoft Word, PDF, or text (ASCII) file format. Submissions should
avoid the use of special characters or any form of encryption, and
wherever possible comments should include the electronic signature of
the author. No telefacsimiles (faxes) will be accepted.
According 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 two copies: one copy of the document should
have all the information believed to be confidential deleted. DOE will
make its own determination as to the confidential status of the
information and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include (1) a description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known or available from public sources; (4) whether the
information has previously been made available to others without
obligations concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting persons which would result from
public disclosure; (6) a date after which such information might no
longer be considered confidential; and (7) why disclosure of the
information would be contrary to the public interest.
B. Issues on Which DOE Seeks Comments
DOE welcomes comments on all aspects of this proposed
determination. DOE is particularly interested in receiving comments
from interested parties on the following issues related to the proposed
determination for condensing units and outdoor units:
Definition(s) of condensing units and outdoor units;
Whether classifying condensing units and outdoor units as
a covered product is necessary or appropriate to carry out the purposes
of EPCA:
Calculations and values for household and national energy
consumption; and
Availability of technologies for improving energy
efficiency of condensing units and outdoor units.
The Department is interested in receiving views concerning other
relevant issues that participants believe would affect DOE's ability to
establish test procedures and energy conservation standards for
condensing units and outdoor units. The Department invites all
interested parties to submit in writing by February 10, 2012, comments
and information on matters addressed in this notice and on other
matters relevant to consideration of a determination for condensing
units and outdoor units.
After the expiration of the period for submitting written
statements, the Department will consider all comments and additional
information that is obtained from interested parties or through further
analyses, and it will prepare a final determination. If DOE determines
that condensing units and outdoor units qualifies as a covered product,
DOE will consider a test procedure and energy conservation standards
for condensing units and outdoor units. Members of the public will be
given an opportunity to submit written and oral comments on any
proposed test procedure and standards.
List of Subjects in 10 CFR part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
[[Page 1654]]
Issued in Washington, DC, on December 23, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2012-328 Filed 1-10-12; 8:45 am]
BILLING CODE 6450-01-P