[Federal Register Volume 77, Number 245 (Thursday, December 20, 2012)]
[Proposed Rules]
[Pages 75400-75402]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30681]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 77, No. 245 / Thursday, December 20, 2012 /
Proposed Rules
[[Page 75400]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2012-BT-NOA-0037]
RIN 1904-AC84
Labeling Requirements for Commercial and Industrial Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for Information (RFI).
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SUMMARY: The Energy Policy and Conservation Act as amended prescribes
energy conservation standards for certain commercial and industrial
equipment, and requires the Department of Energy (DOE) to administer an
energy conservation program for the equipment, including the
development of labeling requirements. In this notice, DOE requests
information from interested parties regarding the potential for
establishing labeling requirements for covered commercial and
industrial equipment, including information about the technical and
economic feasibility of labeling such equipment, the extent to which
labeling would assist consumers in making purchasing decisions, the
potential for significant energy savings resulting from labeling, the
potential content and format of prospective labels for each type of
equipment, the ideal location of placement for any such labels, and
prospective burdens on manufacturers associated with labeling of
covered equipment. Additional input and suggestions relevant to
labeling of commercial and industrial equipment are also welcome.
DATES: Written comments and information are requested by March 20,
2013.
ADDRESSES: Interested persons may submit comments in writing,
identified by docket number EERE-2012-BT-NOA-0037, by any of the
following methods:
Federal eRulemaking Portal: www.regulations.gov Follow the
instructions for submitting comments.
Email: Labeling-RFI-2012-NOA-0037@ee.doe.gov. Include
EERE-2012-BT-NOA-0037 and/or RIN 1904-AC84 in the subject line of the
message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Request for Information
for Commercial and Industrial Pumps, EERE-2012-BT-NOA-0037 and/or RIN
1904-AC84, 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, Suite 600, 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.
Docket: For access to the docket to read background documents or
comments received, visit the U.S. Department of Energy, Resource Room
of the Building Technologies Program, 950 L'Enfant Plaza, SW., Suite
600, Washington, DC, 20024, (202) 586-2945, between 9:00 a.m. and 4:00
p.m., Monday through Friday, except Federal holidays. Please call Ms.
Brenda Edwards at the above telephone number for additional information
regarding visiting the Resource Room.
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. Telephone: (202) 287-1317. Email: Lucas.Adin@ee.doe.gov.
In the Office of General Counsel, Ms. Elizabeth Kohl, U.S.
Department of Energy, Office of the General Counsel, GC-71, 1000
Independence Avenue SW., Washington, DC 20585-0121. Telephone: (202)
586-7796. Email: Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION: Title III of the Energy Policy and
Conservation Act (EPCA) of 1975, as amended (42 U.S.C. 6291 et seq.),
sets forth various provisions designed to improve energy efficiency.
Part C of Title III includes measures to improve the energy efficiency
of commercial and industrial equipment, the subject of this notice.\1\
See 42 U.S.C. 6311-6316.
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\1\ Part C was re-designated Part A-1 on codification of the
U.S. Code for editorial reasons.
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Covered Equipment
EPCA defines the types of commercial and industrial equipment that
are ``covered equipment,'' which includes the following: Electric
motors and pumps; commercial HVAC and water heating equipment (small,
large, and very large commercial package air conditioning and heating
equipment, packaged terminal air conditioners and packaged terminal
heat pumps, warm air furnaces packaged boilers, storage water heaters,
instantaneous water heaters, and unfired hot water storage tanks);
commercial refrigerators, freezers, and refrigerator-freezers;
automatic commercial icemakers; commercial clothes washers; and walk-in
coolers and walk-in freezers. (42 U.S.C. 6311(A)) The Energy Policy Act
of 1992, which amended EPCA, added high-intensity discharge lamps,
distribution transformers, and small electric motors as covered
equipment. (42 U.S.C. 6317).
Evaluation of Labeling for Commercial and Industrial Equipment
EPCA requires DOE to prescribe labeling rules for any class of
covered equipment for which DOE has prescribed test procedures under
section 6314. 42 U.S.C. 6315(a). DOE cannot, however, prescribe a
labeling rule unless it has determined that labeling would be
technologically and economically feasible with respect to the class of
covered equipment addressed by the rule, that significant energy
savings would result from such labeling, and that labeling would be
likely to assist consumers in making purchasing decisions. 42 U.S.C.
6315(h).
EPCA further specifies certain aspects of equipment labeling that
DOE must consider in any rulemaking establishing labeling requirements
for covered equipment. At a minimum, such labels must include the
energy efficiency of the equipment to which the rulemaking applies, as
tested under the prescribed DOE test procedure. Such rule may also
require the disclosure of estimated annual operating costs and energy
use determined in accordance with the prescribed DOE test procedure. In
addition, the labeling rulemaking may
[[Page 75401]]
consider the addition of other specifications for equipment labels if
DOE determines that the information is likely to assist purchasers in
making purchasing decisions. These specification include: Directions
for the display of the label; a requirement to display on the label
additional information related to energy efficiency or energy
consumption, which may include instructions for maintenance and repair
of the covered equipment, as necessary to provide adequate information
to purchasers; and requirements that printed matter displayed or
distributed with the equipment at the point of sale also include the
information required by the labeling rule to be displayed on the label.
42 U.S.C. 6315(b), (c).
In addition to these general requirements, EPCA also has specific
requirements that apply to any labeling rule prescribed for certain
types of covered equipment. Specific requirements are established for
electric motors, for which DOE has already prescribed labeling
requirements, as well as for commercial HVAC and water heating
equipment, commercial refrigerators, refrigerator-freezers, and
freezers, automatic commercial ice makers, commercial clothes washers,
and walk-in coolers and walk-in freezers. These equipment-specific
provisions require that any labeling rule prescribed by DOE for covered
equipment require labels to display the energy efficiency of the
equipment on the permanent nameplate affixed to the product, require
that the manufacturer prominently display the energy efficiency of the
equipment in new equipment catalogues used to advertise the equipment,
and include any other markings that DOE determines necessary solely to
facilitate enforcement of the applicable energy conservation standards
prescribed for the equipment. 42 U.S.C. 6315(d), (e).
To begin the process of considering labeling requirements for
covered equipment, DOE is seeking information from manufacturers and
other stakeholders regarding each of these items, as well as any other
aspect of prospective labeling requirements that may affect equipment
covered by such rules. Specific questions for stakeholders are listed
in section II.2 of this notice. DOE understands that determining the
specific impacts of a labeling requirement for a given type of covered
equipment may be difficult in the absence of a specific proposal. In
such cases, DOE requests that commenters consider, at a minimum, the
prospective impacts if DOE were to prescribe labeling rules that comply
with the most basic requirements set forth in 42 U.S.C. 6315. DOE is
also interested in all aspects of prospective labeling requirements,
including benefits that may be realized from extending requirements
beyond the minimum EPCA requirements, with the understanding that such
estimates may be speculative.
Interested parties will also have further opportunities to provide
input on any specific labeling regulations proposed by DOE. EPCA
requires that DOE provide a public comment period of at least 45 days
and allow interested parties to present oral and written data, views
and arguments on any proposed labeling rule. 42 U.S.C. 6315(g).
Other Regulatory Programs
The Federal Trade Commission (FTC) prescribes labeling requirements
for certain covered consumer products. 42 U.S.C. 6294. While the FTC
does not have any specific obligation under EPCA to set labeling
requirements for covered commercial and industrial equipment, in the
absence of a labeling rule prescribed by DOE for any such equipment,
the FTC would retain authority to set such requirements. 42 U.S.C.
6315(k). In addition, as required by EPCA, DOE will consult with and
obtain the written views of the FTC prior to prescribing a new labeling
requirement for covered equipment. 42 U.S.C. 6315(f).
The Energy Policy Act of 2005 (EPACT 2005) added provisions to Part
A of EPCA related to energy conservation standards and test procedures
for refrigerated beverage vending machines, illuminated exit signs, low
voltage dry-type distribution transformers, traffic signal modules and
pedestrian modules, and commercial prerinse spray valves (42 U.S.C.
6295(v), (w), (y), (z), and (dd)) and definitions of these products (42
U.S.C. 6291). DOE or the FTC may establish labeling requirements for
these products after a test procedure has been prescribed. 42 U.S.C.
6294(a)(5). DOE also seeks comment on appropriate labeling requirements
for these products in section II.2. Similarly, the Energy Independence
and Security Act of 2007 (EISA) added metal halide lamp fixtures to
Part A of EPCA at 42 U.S.C. 6295(hh). The FTC establishes labeling
requirements for metal halide lamp fixtures. 42 U.S.C. 6294(a)(2)(C).
Compliance
Any labeling rule that DOE prescribes for covered industrial
equipment would not apply to equipment manufactured before the
effective date of any final rule. Compliance with any final labeling
rule would not be required until 3 months following the publication of
any final rule. If DOE determines that additional time is needed for
compliance with the prescribed rules, the compliance date may be
extended to 6 months after the date of publication. 42 U.S.C. 6315(j)
and 42 U.S.C. 6315(g)(2).
Public Participation
1. Submission of Information
DOE will accept information and data in response to this Request
for Information as provided in the DATES section above. Information
submitted to DOE by email should be provided in WordPerfect, Microsoft
Word, PDF, or text file format. Those responding should avoid the use
of special characters or any form of encryption, and wherever possible,
comments should include the electronic signature of the author.
Comments submitted to DOE by mail or hand delivery/courier should
include one signed original paper copy. No telefacsimiles will be
accepted. Comments submitted in response to this notice will become a
matter of public record and will be made publicly available.
2. Issues on Which DOE Seeks Information
DOE welcomes comments on issues related to the labeling of
commercial and industrial products. DOE is particularly interested in
receiving comments from interested parties on the following issues:
(1) The economic and technological feasibility of prospective
labeling requirements for each type of covered equipment;
(2) The extent to which labeling requirements for each type of
covered equipment would assist consumers in making purchasing
decisions;
(3) The likelihood that labeling requirements prescribed for each
type of covered equipment would result in additional energy savings and
the significance of any such prospective energy savings;
(4) Information that DOE should consider requiring for display on a
prospective label for each type of covered equipment addressed in this
notice, beyond that which would be required in order to meet the
minimum requirements of EPCA;
(5) Factors that DOE should consider regarding size, format, and
placement of labels for each type of covered equipment;
(6) Factors that DOE should consider regarding enforcement of any
prospective labeling requirements for each type of covered equipment.
[[Page 75402]]
(7) Appropriate labeling requirements for refrigerated beverage
vending machines, illuminated exit signs, low voltage dry-type
distribution transformers, traffic signal modules and pedestrian
modules, and commercial prerinse spray valves.
Issued in Washington, DC, December 14, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2012-30681 Filed 12-19-12; 8:45 am]
BILLING CODE 6450-01-P