[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76825-76831]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31373]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 431

[Docket Number EERE-2012-BT-CE-0048]
RIN 1904-AC90


Energy Conservation Program: Certification of Commercial and 
Industrial HVAC, Refrigeration and Water Heating Equipment

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

ACTION: Final rule.

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SUMMARY: The U.S. Department of Energy (DOE or the ``Department'') is 
adopting amendments to the compliance dates for manufacturers to submit 
certification reports for certain commercial and industrial equipment 
covered under the Energy Policy and

[[Page 76826]]

Conservation Act of 1975, as amended (EPCA or the ``Act''). 
Specifically, DOE is extending the compliance date for the 
certification provisions for commercial refrigeration equipment; 
commercial heating, ventilating, air-conditioning (HVAC) equipment; and 
commercial water heating (WH) equipment to December 31, 2013. DOE is 
extending the certification date for automatic commercial ice makers to 
August 1, 2013. Lastly, DOE is adopting a correction to the packaged 
terminal equipment standards table, which would impact standard-size 
packaged terminal air conditioners and packaged terminal heat pumps 
with a cooling capacity of 15,000 Btu/h.

DATES: This rule is effective December 31, 2012.

ADDRESSES: This rulemaking can be identified by docket number EERE-
2012-BT-CE-0048 and/or RIN number 1904-AC90.
    Docket: The docket is available for review at http://www.regulations.gov, including Federal Register notices, public 
meetings attendee lists, transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
http://www.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 further information on how to submit or review public comments 
or view hard copies of the docket in the Resource Room, contact Ms. 
Brenda Edwards at (202) 586-2945 or email: Brenda.Edwards@ee.doe.gov.

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. Email: Ashley.Armstrong@ee.doe.gov; and Ms. Laura 
Barhydt, U.S. Department of Energy, Office of the General Counsel, 
Forrestal Building, GC-32, 1000 Independence Avenue SW., Washington, DC 
20585. Telephone: (202) 287-5772. Email: Laura.Barhydt@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

I. Introduction

A. Authority

    Title III of the Energy Policy and Conservation Act of 1975, as 
amended (``EPCA'' or ``the Act'') sets forth a variety of provisions 
designed to improve energy efficiency. Part A of Title III (42 U.S.C. 
6291-6309) provides for the Energy Conservation Program for Consumer 
Products Other Than Automobiles. The National Energy Conservation 
Policy Act (NECPA), Public Law 95-619, amended EPCA to add Part A-1 of 
Title III, which established an energy conservation program for certain 
industrial equipment. (42 U.S.C. 6311-6317) \1\
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    \1\ For editorial reasons, Parts B (consumer products) and C 
(commercial equipment) of Title III of EPCA were re-designated as 
parts A and A-1, respectively, in the United States Code.
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    Sections 6299-6305, and 6316 of EPCA authorize DOE to enforce 
compliance with the energy and water conservation standards (all non-
product specific references herein referring to energy use and 
consumption include water use and consumption; all references to energy 
efficiency include water efficiency) established for certain consumer 
products and commercial equipment. (42 U.S.C. 6299-6305 (consumer 
products), 6316 (commercial equipment)) DOE has promulgated enforcement 
regulations that include specific certification and compliance 
requirements. See 10 CFR part 429; 10 CFR part 431, subparts B, U, and 
V.

B. Background

    On March 7, 2011, DOE published a final rule in the Federal 
Register that, among other things, modified the requirements regarding 
manufacturer submission of compliance statements and certification 
reports to DOE (March 2011 Final Rule). 76 FR 12421. This rule was 
largely procedural in nature; it did not amend pre-existing sampling 
provisions, test procedures, or conservation standard levels for any 
covered products or equipment. It did, however, impose new or revised 
reporting requirements for some types of covered products and 
equipment, including a requirement that manufacturers submit annual 
reports to the Department certifying compliance of their basic models 
with applicable standards. Finally, the Department emphasized that 
manufacturers could use their discretion in grouping individual models 
as a ``basic model'' such that the certified rating for the basic model 
matched the represented rating for all included models. See 76 FR 
12428-12429 for more information. This reflected a basic requirement of 
the Department's longstanding self-certification compliance regime--
that efficiency certifications and representations must be supported by 
either testing or an approved alternative method of estimating 
efficiency.
    The March 2011 Final Rule provided for the revised certification 
provisions to be effective on July 5, 2011. Certain manufacturers of 
particular types of commercial and industrial equipment \2\ stated 
that, for a variety of reasons, they would be unable to meet that 
deadline. As a result in a final rule published June 30, 2011, the 
Department extended the compliance date for certification of commercial 
refrigeration equipment; commercial HVAC equipment; commercial WH 
equipment; and walk-in coolers and freezers (June 30 Final Rule). 76 FR 
38287 (June 30, 2011). DOE also acknowledged in the June 30 Final Rule 
that numerous manufacturers for certain types of commercial equipment 
appear to have been making representations of efficiency and 
determining compliance with the applicable energy conservation 
standards without testing products in accordance with all of the 
provisions of the DOE test procedures, which include sampling plans and 
certification testing tolerances.
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    \2\ These products included commercial warm air furnaces, 
commercial packaged boilers, and commercial air conditioners and 
heat pumps (collectively referred to as commercial HVAC equipment); 
commercial refrigeration equipment; commercial water heaters, 
commercial hot water supply boilers, and unfired hot water storage 
tanks (collectively referred to as commercial WH equipment); walk-in 
coolers; walk-in freezers; and automatic commercial ice makers.
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    In the June 30 Final Rule, DOE stated that it believed 18 months 
would be sufficient to provide manufacturers with the time necessary to 
develop the data and supporting documentation needed to populate the 
certification reports and certify compliance with DOE's regulations, 
including the existing testing and sampling procedures. DOE also 
emphasized that all covered equipment must meet the applicable energy 
conservation standard and that all testing procedures and sampling 
provisions were unaffected by the final rule.
    On May 31, 2012, DOE published a proposed rule to revise and expand 
its regulations regarding alternative efficiency determination methods 
(AEDMs). (77 FR 32038). AEDMs reduce testing burdens by allowing 
manufacturers to use computer simulations, mathematical models, and 
other alternative methods to determine the amount of energy used or 
efficiency by a particular basic model. AEDM provisions for commercial 
HVAC equipment and commercial WH equipment already exist, but DOE has 
proposed to revise those regulations and to allow manufacturers of 
commercial refrigeration equipment to use AEDMs. DOE has not yet 
finalized the AEDM rulemaking. See Docket EERE-2011-BT-TP-0024. The 
Department is also

[[Page 76827]]

reviewing recommendations regarding the feasibility of a negotiated 
rulemaking to revise the certification requirements for commercial HVAC 
equipment and commercial refrigeration equipment.\3\
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    \3\ The U.S. Department of Energy Convening Report on the 
Feasibility of a Negotiated Rulemaking to Revise the Certification 
Program for Commercial Heating, Ventilating, Air Conditioning, and 
Commercial Refrigeration Equipment can be found at http://www.eere.energy.gov/buildings/appliance_standards/pdfs/convening_report_hvac_cre.pdf.
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    In an October 2012 letter to the Secretary of Energy, the Air 
Conditioning, Heating and Refrigeration Institute (AHRI) requested 
another certification compliance date extension. (AHRI, No. 1 at pp. 1-
2). Specifically, AHRI requested that the compliance date for 
certification be extended a minimum of 18 months from the date of 
publication of the AEDM final rule.
    On December 6, 2012, the Department proposed to extend compliance 
date an additional 12 months for commercial refrigeration equipment; 
commercial HVAC equipment; and commercial WH equipment (December 2012 
NOPR). 77 FR 72763. DOE requested comment on its assumption regarding 
the existence of test data and on whether a longer or shorter period of 
time would be more appropriate. DOE also proposed to modify the 
regulatory text to reflect that the compliance dates for certification 
requirements for walk-in coolers and freezers, distribution 
transformers, and metal halide lamp ballasts have passed by removing 
the delayed compliance dates.
    Lastly, the Department proposed to correct a technical drafting 
error for packaged terminal air conditioners and heat pumps that was 
implemented in the reprinting of Table 5 in 10 CFR 431.97 in a final 
rule published on May 16, 2012. 77 FR 28994. More specifically, DOE 
adopted changes to the applicable energy conservation standards for 
standard size and non-standard size packaged terminal air conditioners 
and heat pumps with a cooling capacity of 15,000 Btu/h. DOE proposed to 
correct this error and adopt the original standards for standard size 
and non-standard size packaged terminal air conditioners and heat pumps 
with a cooling capacity of 15,000 Btu/h as presented in a final rule 
evaluating and originally adopting the amended energy conservation for 
this equipment published on April 7, 2008. 73 FR 18915.

II. Discussion of Comments

    The Department received 14 written comments on the NOPR from a 
number of interested commenters, including various manufacturers, trade 
associations, and advocacy groups. The following parties submitted 
comments for this rule:

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         Commenter name                       Short name                               Docket ID
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Air-Conditioning, Heating and    AHRI...............................  EERE-2012-BT-CE-0048-0001
 Refrigeration Institute.                                             EERE-2012-BT-CE-0048-0014
Seasons 4, Incorporated........  Seasons............................  EERE-2012-BT-CE-0048-0004
Scotsman Ice Systems...........  Scotsman...........................  EERE-2012-BT-CE-0048-0005
Hoshizaki America, Inc.........  Hoshizaki..........................  EERE-2012-BT-CE-0048-0006
UTC Climate, Controls &          UTC................................  EERE-2012-BT-CE-0048-0008
 Security.
AAON, Inc......................  AAON...............................  EERE-2012-BT-CE-0048-0009
Ingersoll Rand.................  Ingersoll Rand.....................  EERE-2012-BT-CE-0048-0010
Lennox International, Inc......  Lennox.............................  EERE-2012-BT-CE-0048-0011
ASAP, ACEEE, ASE, and NRDC.....  Joint Comment......................  EERE-2012-BT-CE-0048-0012
Rheem Manufacturing Company....  Rheem..............................  EERE-2012-BT-CE-0048-0013
Traulsen & Company.............  Traulsen...........................  EERE-2012-BT-CE-0048-0015
Burnham Commercial.............  Burnham............................  EERE-2012-BT-CE-0048-0016
Goodman Manufacturing..........  Goodman............................  EERE-2012-BT-CE-0048-0017
Mitsubishi Electric Cooling and  Mitsubishi.........................  EERE-2012-BT-CE-0048-0018
 Heating.
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A. Extension of Certification Deadline for Commercial Refrigeration 
Equipment; HVAC Equipment; and Commercial WH Equipment

    As stated above, DOE proposed an additional 12-month extension to 
the compliance date for filing complete certification reports for 
manufacturers of commercial refrigeration equipment; commercial HVAC 
equipment; and commercial WH equipment. 77 FR 72763. Most commenters 
supported an extension of at least twelve months. (Seasons, No. 4 at p. 
1; UTC, No. 8 at pp. 1-2; AAON, No. 9 at pp. 1-2; Ingersoll Rand, No. 
10 at pp. 1-2; Lennox, No. 11 at pp. 1-2; Joint Comment, No. 12 at pp. 
1-2; Rheem, No. 13 at p. 3; AHRI, No. 14 at p. 1; Traulsen, No. 15 at 
pp. 2-3, Burnham, No. 16 at p. 1; Goodman, No. 17 at pp. 1-2; and 
Mitsubishi, No. 18 at pp. 1-2)
    Many commenters believed that the compliance date should be tied to 
the completion of the AEDM rule. (Seasons, No. 4 at p. 1; UTC, No. 8 at 
pp 1-2; Lennox, No. 11 at p.2; Rheem, No. 13 at p. 3; AHRI, No. 14 at 
pp. 1-2, Traulsen, No. 15 at p. 2-3; Goodman, No. 17 at pp. 1-2; and 
Mitsubishi, No. 18 at pp. 1-2) Similarly, AAON commented that the AEDM 
rule would impact the length of the extension needed. (AAON, No. 9 at 
p. 2) In addition, AAON, Lennox AHRI, Goodman, and Mitsubishi commented 
that they believe that the compliance date should be extended a minimum 
of 18 months from the publication of the AEDM final rule. (AAON, No. 9 
at p.2; Lennox, No. 11 at p.2; AHRI, No. 14 at p. 2; Goodman, No. 17 at 
pp. 1-2; and Mitsubishi, No. 18 at pp. 1-2) Goodman detailed a view 
shared by Seasons, UTC, AAON, Lennox, and AHRI that the length of the 
extension required would depend upon the actual results of the testing 
(due to measurement uncertainties, variances in testing set-ups and 
product variances) and the tolerances allowed by DOE (for both 
individual test-to-simulation results as well as average test-to-
simulation results), additional testing or a significant amount of 
effort in development/specification of the internal AEDM procedure may 
be required. (Goodman, 17 at p. 1; Seasons, No. 4 at p. 1; UTC, No. 8 
at pp. 1-2; AAON, No. 9 at p. 2; Lennox, No. 11 at p. 2 and AHRI, No. 
14 at p. 2) Ingersoll Rand commented that it was concerned that a 
December 31, 2013 compliance date may not be sufficient to permit the 
Department to conduct a negotiated rulemaking and allow manufacturers 
to develop a means to comply with any modified requirements. (Ingersoll 
Rand, No. 10 at p. 1-2) In particular, Ingersoll Rand stated that it 
``hope[s] the Department recognizes [the December 2013 date] is only a 
stopgap measure, not truly a feasible date for future

[[Page 76828]]

compliance.'' (Ingersoll Rand, No. 10 at p.2) Lennox also suggested 
that the compliance date should be aligned with the annual 
certification date for each product. (Lennox, No. 11 at pp. 2-3) 
Traulsen also supported extending the certification deadline stating 
that the commercial refrigeration industry may have collected energy 
consumption performance data for some base model of commercial 
refrigeration equipment, which may not be appropriate in all 
circumstances. (Traulsen, No. 15 at p. 2) Traulsen also noted that for 
certain low volume models of commercial refrigeration equipment current 
data may not be available because of previously conflicting priorities. 
(Id.) Mitsubishi also supported an 18-month extension from publication 
of the AEDM final rule and offered a specific path forward for the 
Department's consideration: (1) Finalize the AEDM rulemaking; (2) 
extend the certification compliance deadline for at least 18 months 
from the date of the AEDM final rule; (3) In the alternative, issue a 
written DOE Guidance Document regarding the delay of enforcement of 
commercial certification compliance until the AEDM rulemaking and 
accompanying extension are finalized; (4) begin the negotiated 
rulemaking process, which has already provided MEUS an opportunity to 
clarify the central issues and which is consistent with AHRI's proposed 
direction; and (5) develop a ``basic model'' definition that aligns 
with AHRI's definition--a basic model should be defined by the unit 
rather than levels of efficiency. (Id.)
    One commenter supported the 12-month extension as proposed by the 
Department without modification. Specifically, Burnham commented in 
favor of a compliance extension similar to that proposed by the AHRI 
organization regarding the publication of the AEDM final rule. However, 
Burmham also clarified that a shorter timeframe would be feasible as 
well. (Burnham, No. 16 at p. 1)
    Several commenters suggested that a significantly longer extension 
was needed. UTC noted that it believes an additional 12 to 36 months 
will be necessary after the issuance of a final AEDM rule prior to 
manufacturers being in a position to submit certification reports. 
(UTC, No. 8 at p.2) Hoshizaki requested a two-year extension for 
certification of commercial refrigeration equipment as it has not 
completed testing of its basic models and is waiting for DOE action on 
the AEDM rulemaking. (Hoshizaki, No. 6 at p. 1)
    In light of the comments above, DOE is extending the compliance 
date for the certification provisions for commercial refrigeration 
equipment; commercial warm air furnaces, commercial packaged boilers, 
and commercial air conditioners and heat pumps (collectively referred 
to as commercial HVAC equipment); and commercial water heaters, 
commercial hot water supply boilers, and unfired hot water storage 
tanks (collectively referred to as commercial WH equipment) to December 
31, 2013. DOE believes 12 months is a reasonable extension and will 
allow DOE time to complete the AEDM rulemaking and allow manufacturers 
to develop ratings in accordance with any revised AEDM provisions.
    As noted above, the Department is reviewing the feasibility of a 
negotiated rulemaking to revise the certification requirements for 
commercial HVAC equipment and commercial refrigeration equipment. DOE 
is also considering the formation of an advisory committee in 
conjunction with such a rulemaking. Whether DOE proceeds with a 
negotiated rulemaking, and the outcome of a negotiated rulemaking, 
however, is uncertain. DOE believes that, should it proceed with a 
negotiated rulemaking, the process would, of its nature, involve 
discussion of any need to extend the new deadline further. Moreover, 
DOE believes that interested parties would raise the extension issue 
well in advance of December 31, 2013. Accordingly, DOE believes the 12-
month extension is sufficient.
    Many commenters submitted additional thoughts regarding the AEDM 
rulemaking, about the definition of ``basic model'' and about the 
potential for a negotiated rulemaking. (AAON, No. 9 at p.1; Ingersoll 
Rand, No. 10 at p. 1-2; Joint Comment, No. 12 at pp. 1-2; Rheem, No. 13 
at pp. 1-3; AHRI, No. 14 at pp. 1-2, Goodman, No. 17 at pp. 1-2, and 
Mitsubishi, No. 18 at p. 2) DOE appreciates the information provided by 
parties on these matters. The substance of these comments is the 
subject of other rulemakings and should be raised in those proceedings. 
This rulemaking is limited to an extension of the compliance date for 
the March 2011 certification provisions for commercial HVAC equipment, 
commercial WH equipment, and commercial refrigeration equipment.
    DOE emphasizes that the testing and sampling requirements for 
commercial refrigeration equipment; commercial HVAC equipment; and 
commercial WH equipment are unchanged by this extension. These 
regulations can be found on a per product basis in subpart B to part 
429 (sampling plans for testing) and 10 CFR 431.64, 431.76, 431.86, 
431.96, 431.106, and 431.134 (uniform test methods).

B. Extension of Certification Deadline for Automatic Commercial Ice 
Makers

    In the December 2012 NOPR, DOE initially proposed to retain the 
December 31, 2012 deadline to certify compliance but sought comment on 
whether an extension was needed. Several commenters requested a six-
month extension of time for submitting certification reports for 
automatic commercial ice makers (ACIM). (Scotsman, No. 5 at p. 1; 
Hoshizaki, No. 6 at p. 1; AHRI, No. 14 at p. 2) Scotsman requested 
additional time to work with AHRI so that AHRI could build a database 
to collect the required information and submit the certification 
reports on Scotsman's behalf. (Scotsman, No. 5 at p. 1) Hoshizaki 
explained that it has the required test reports but that AHRI's portal 
for reporting test data is not ready. (Id.) Scotsman, however, 
indicated that it will need to conduct additional testing prior to 
submitting certification reports. (Scotsman, No. 5 at p. 1) AHRI 
requested a six-month extension to allow manufacturers time to complete 
testing. (AHRI, No. 14 at p. 2)
    Scotsman and Hoshizaki commented that DOE released the templates 
for certification of ACIM in December 2012 and stated that they did not 
have an automated process to provide many of the data elements 
contained in the templates. (Scotsman, No. 5 at p. 1; Hoshizaki, No. 6 
at p. 1)
    Traulsen, on the other hand, noted that it did not have a concern 
with the Department's proposed certification deadline of December 31, 
2012 for ACIMs even though it does not manufacture or supply this type 
of equipment. (Traulsen, No. 15 at p. 3)
    DOE expresses no view regarding an automated process that a 
regulated entity may develop to provide its certification reports. DOE 
notes that the data elements required for certification have been 
public since March 2011 and the CCMS templates for certification are 
available to manufacturers online. Given the concerns expressed by 
manufacturers, DOE is extending the compliance date for ACIM to align 
the compliance date with the next annual certification reporting date. 
Manufacturers would be required to submit only one certification report 
in 2013 for current basic models unless they implement design changes 
to those models resulting in lower efficiency or increased consumption. 
Consequently, DOE is adopting a compliance date of August 1, 2013, for 
submission of certification reports for ACIM.

[[Page 76829]]

C. Compliance and Enforcement

    DOE emphasizes that all covered equipment must meet the applicable 
energy conservation standard. ASAP, ACEEE, ASE, and NRDC also noted in 
their joint comment that parties are not absolved of their obligations 
to comply with current standards and encouraged DOE to enforce those 
standards effectively. (Joint Comment, No. 12 at pp. 1-2) Furthermore, 
all testing procedures and sampling provisions are unaffected by this 
final rule. DOE is adopting a 12-month extension to the compliance date 
for certification only for the commercial refrigeration equipment; 
commercial HVAC equipment; and commercial WH equipment reporting 
requirements in the March 2011 final rule. DOE is adopting an 8-month 
extension to the compliance date for certification only for the ACIM 
reporting requirements in the March 2011 final rule.
    DOE encourages manufacturers to become familiar with the CCMS prior 
to the certification deadline. The CCMS has templates currently 
available for all covered equipment available for manufacturers to use 
when submitting certification data to DOE.
    DOE conducts assessment testing of products available for purchase 
in the United States, pursuant to 10 CFR 429.104. While certification 
is not required for commercial refrigeration equipment; commercial HVAC 
equipment; and commercial WH equipment until December 31, 2013, and for 
ACIM until August 1, 2013, DOE encourages manufacturers to submit to 
CCMS certification reports to DOE voluntarily prior to the compliance 
date required for certification. The Department will refrain from 
selecting models for assessment testing for which the manufacturer has 
submitted a valid certification report in CCMS. Specifically, in 2013, 
DOE will, in its enforcement discretion, limit any assessment testing 
of commercial refrigeration equipment, commercial HVAC equipment, 
commercial WH equipment, and automatic commercial ice makers to those 
models for which DOE does not have a valid certification report on 
file. If DOE purchases a unit for assessment testing prior to a 
manufacturer submitting a valid certification report, DOE will continue 
with the assessment test. A valid certification report is one that 
meets the requirements of 10 CFR part 429, including the manufacturer's 
determination of compliance being based either on testing in accordance 
with DOE sampling and test procedures (parts 429 and 431) or on the 
AEDM procedures in part 429.
    DOE will continue to conduct enforcement testing when it has a 
reason to believe that products do not meet the applicable standard. In 
addition, DOE will continue to conduct limited testing in support of 
its rulemaking activities for these equipment types. DOE will also 
continue to conduct verification testing in support of the ENERGY STAR 
program.
    AHRI commented that it supports DOE's enforcement policy. (AHRI, 
No. 14 at p. 2-3) DOE appreciates AHRI's support and notes that the 
enforcement policy is not tied to participation in a voluntary industry 
certification program and is based upon the voluntary submittal of a 
valid CCMS certification report to DOE in advance of the compliance 
date required for certification of the applicable equipment.

D. Other Compliance Dates

    DOE proposed to modify the regulatory text to reflect that the 
compliance dates for walk-in coolers and freezers, distribution 
transformers, and metal halide lamp ballasts have passed. DOE did not 
receive any comments on this proposal. Thus, DOE is adopting these 
amendments to 10 CFR 429.12(i).

E. Technical Correction

    The Department proposed to correct a technical drafting error for 
packaged terminal air conditioners and heat pumps that was implemented 
in the reprinting of Table 5 in 10 CFR 431.97 in a final rule published 
on May 16, 2012. 77 FR 28994. More specifically, DOE adopted changes to 
the applicable energy conservation standards for standard size and non-
standard size packaged terminal air conditioners and heat pumps with a 
cooling capacity of 15,000 Btu/h. DOE did not receive any comments on 
this proposal.
    Consequently, DOE is correcting this error in today's final rule by 
adopting the original standards for standard size and non-standard size 
packaged terminal air conditioners and heat pumps with a cooling 
capacity of 15,000 Btu/h as presented in a final rule evaluating and 
originally adopting the amended energy conservation for this equipment 
published on April 7, 2008. 73 FR 18915.

III. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    Today's regulatory action is not a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866. Accordingly, this 
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. Administrative Procedure Act

    DOE has determined, pursuant to authority at 5 U.S.C. 553(d)(1), 
that this final rule is not subject to a 30-day delay in effective date 
because this rule extending the compliance date for a requirement 
relieves a restriction.

C. 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 (IFRA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    DOE reviewed this rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. This rule merely extends the compliance date of a rulemaking 
already promulgated. To the extent such action has any economic impact 
it would be positive in that it would allow regulated parties 
additional time to come into compliance. DOE did undertake a full 
regulatory flexibility analysis of the original Certification, 
Compliance, and Enforcement for Consumer Products and Commercial and 
Industrial Equipment rulemaking. That analysis considered the impacts 
of that rulemaking on small entities. As a result, DOE certifies that 
this rule will not have a significant economic impact on a substantial 
number of small entities.

D. Review Under the National Environmental Policy Act

    DOE has determined that this rule falls into a class of actions 
that are categorically excluded from review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's 
implementing

[[Page 76830]]

regulations at 10 CFR part 1021. Specifically, this rule amends an 
existing rule without changing its environmental effect and, therefore, 
is covered by the Categorical Exclusion in 10 CFR part 1021, subpart D, 
paragraph A5. Accordingly, neither an environmental assessment nor an 
environmental impact statement is required

IV. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Energy conservation, 
Commercial equipment, Reporting and recordkeeping requirements.

10 CFR Part 431

    Administrative practice and procedure, Energy conservation, 
Commercial equipment, Reporting and recordkeeping requirements.

    Issued in Washington, DC, on December 26, 2012.
 Kathleen B. Hogan,
 Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency 
and Renewable Energy.
    For the reasons set forth in the preamble, DOE amends chapter II, 
subchapter D, of Title 10 of the Code of Federal Regulations to read as 
follows:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.


0
2. Revise Sec.  429.12 paragraph (i) to read as follows:


Sec.  429.12  General requirements applicable to certification reports.

* * * * *
    (i) Compliance dates. For any product subject to an applicable 
energy conservation standard for which the compliance date has not yet 
occurred, a certification report must be submitted not later than the 
compliance date for the applicable energy conservation standard. The 
covered products enumerated below are subject to the stated compliance 
dates for certification:
    (1) Automatic commercial ice makers, August 1, 2013;
    (2) Commercial refrigeration equipment, December 31, 2013;
    (3) Commercial heating, ventilating, and air-conditioning 
equipment, December 31, 2013; and
    (4) Commercial water heating equipment, December 31, 2013.

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
3. The authority citation for part 431 continues to read as follows:


    Authority: 42 U.S.C. 6291-6317.


0
4. Revise Table 5 to Sec.  431.97 to read as follows:


Sec.  431.97  Energy efficiency standards and their compliance dates.

* * * * *

                Table 5 to Sec.   431.97--Updated Minimum Efficiency Standards for PTAC and PTHP
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                                                                                       Compliance date: Products
 Equipment type         Cooling capacity          Sub-category      Efficiency level   manufactured on and after
                                                                                                 . . .
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PTAC............  Standard Size..............  <7,000 Btu/h......  EER = 11.7.......  October 8, 2012.
                                               >=7,000 Btu/h and   EER = 13.8 - (0.3  October 8, 2012.
                                                <=15,000 Btu/h.     x Cap\1\).
                                               >15,000 Btu/h.....  EER = 9.3........  October 8, 2012.
                  Non-Standard Size..........  <7,000 Btu/h......  EER = 9.4........  October 7, 2010.
                                               >=7,000 Btu/h and   EER = 10.9 -       October 7, 2010.
                                                <=15,000 Btu/h.     (0.213 x Cap\1\).
                                               >15,000 Btu/h.....  EER = 7.7........  October 7, 2010.
----------------------------------------------------------------------------------------------------------------
PTHP............  Standard Size..............  <7,000 Btu/h......  EER = 11.9.......  October 8, 2012.
                                                                   COP = 3.3........
                                               >=7,000 Btu/h and   EER = 14.0 - (0.3  October 8, 2012.
                                                <=15,000 Btu/h.     x Cap\1\).
                                                                   COP = 3.7 -
                                                                    (0.052 x Cap\1\).
                                               >15,000 Btu/h.....  EER = 9.5........  October 8, 2012.
                                                                   COP = 2.9........
                  Non-Standard Size..........  <7,000 Btu/h......  EER = 9.3........  October 7, 2010.
                                                                   COP = 2.7........
                                               >=7,000 Btu/h and   EER = 10.8 -       October 7, 2010.
                                                <=15,000 Btu/h.     (0.213 x Cap\1\).
                                                                   COP = 2.9 -
                                                                    (0.026 x Cap\1\).
                                               >15,000 Btu/h.....  EER = 7.6........  October 7, 2010.
                                                                   COP = 2.5........
----------------------------------------------------------------------------------------------------------------
\1\ ``Cap'' means cooling capacity in thousand Btu/h at 95 [deg]F outdoor dry-bulb temperature.


[[Page 76831]]

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[FR Doc. 2012-31373 Filed 12-28-12; 8:45 am]
BILLING CODE 6450-01-P