[Federal Register Volume 78, Number 156 (Tuesday, August 13, 2013)]
[Proposed Rules]
[Pages 49202-49207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19560]
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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. 78, No. 156 / Tuesday, August 13, 2013 /
Proposed Rules
[[Page 49202]]
DEPARTMENT OF ENERGY
10 CFR Part 431
[Docket No. EERE-2013-BT-STD-0030]
RIN 1904-AD01
Energy Conservation Program for Certain Commercial and Industrial
Equipment: Proposed Determination of Natural Draft Commercial Packaged
Boilers as Covered Equipment
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Proposed determination of coverage.
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SUMMARY: The U.S. Department of Energy (DOE) proposes to determine that
natural draft commercial packaged boilers meet the criteria for covered
equipment under Part A-1 of Title III of the Energy Policy and
Conservation Act (EPCA), as amended. DOE proposes that classifying
equipment of such type as covered equipment is necessary to carry out
the purpose of Part A-1 of EPCA, which is to improve the efficiency of
certain industrial equipment to conserve the energy resources of the
Nation.
DATES: DOE will accept written comments, data, and information on this
notice, but no later than September 12, 2013.
ADDRESSES: Interested persons are encouraged to submit comments
electronically. However, interested persons may submit comments,
identified by docket number EERE-2013-BT-STD-0030 or Regulation
Identifier Number (RIN) 1904-AD01, by any of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the instructions for submitting comments.
Email: [email protected]. Include EERE-
2013-BT-STD-0030 and/or RIN 1904-AD01 in the subject line of the
message. Submit electronic comments in WordPerfect, Microsoft Word,
portable document format (PDF), or American Standard Code for
Information Interchange (ASCII) file format, and avoid the use of
special characters or any form of encryption.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Office, Mailstop EE-2J, 1000 Independence Avenue
SW., Washington, DC 20585-0121. Telephone: (202) 586-2945. If possible,
please submit all items on a compact disc (CD), in which case it is not
necessary to include printed copies.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Office, 6th Floor, 950 L'Enfant Plaza
SW., Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking. No telefacsimilies
(faxes) will be accepted. For detailed instructions on submitting
comments and additional information on the rulemaking process, see
section VI of this document (Public Participation).
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, comments, and other supporting
documents/materials (search EERE-2013-BT-STD-0030). All documents in
the docket are listed in the 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.
A link to the docket Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/74. This Web page contains a link to the docket for this
notice on the www.regulations.gov site. The www.regulations.gov Web
page contains instructions on how to access all documents, including
public comments, in the docket. See section VI for further information
on how to submit comments through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr. James Raba, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC
20585-0121. Telephone: (202) 586-8654. Email: [email protected].
Mr. Eric Stas, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585.
Telephone: (202) 586-9507. Email: [email protected].
For information on how to submit or review public comments, contact
Ms. Brenda Edwards, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies, Mailstop EE-2J,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-2945. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Definition(s)
IV. Evaluation of Natural Draft Commercial Packaged Boilers as a
Covered Equipment
A. Energy Consumption in Operation
B. Distribution in Commerce
C. Prior Inclusion as Covered Equipment
D. Coverage Necessary to Carry Out Purposes of Part A-1 of the
Energy Policy and Conservation Act
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, 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 the Information Quality Bulletin for Peer Review
VI. Public Participation
A. Submission of Comments
B. Issues on Which the Department of Energy Seeks Comments
I. Statutory Authority
Title III of the Energy Policy and Conservation Act of 1975 (EPCA),
as amended (42 U.S.C. 6291 et seq.), sets forth various provisions
designed to improve energy efficiency for consumer products and certain
commercial
[[Page 49203]]
equipment. Part C of Title III of EPCA (42 U.S.C. 6311-6317), which was
re-designated for editorial reasons as Part A-1 upon codification in
the U.S. Code, establishes the ``Energy Conservation Program for
Certain Industrial Equipment,'' which covers certain commercial and
industrial equipment (hereafter referred to as ``covered equipment'').
EPCA identifies 11 types of covered equipment and sets forth a
twelfth provision for any other type of equipment which the Secretary
of Energy (Secretary) classifies as covered equipment. (42 U.S.C.
6311(1)(A)-(L)) EPCA also provides for the types of equipment that can
be classified as covered ``industrial equipment'' in addition to the
equipment enumerated under 42 U.S.C. 6311(1), which includes packaged
boilers as covered industrial equipment. (42 U.S.C. 6311(2)(B))
Further, pursuant to EPCA, industrial equipment must also, without
regard to whether such equipment is in fact distributed in commerce for
industrial or commercial use, be of a type:
(1) Which in operation consumes, or is designed to consume, energy;
(2) which to any significant extent, is distributed in commerce for
industrial or commercial use; and
(3) which is not a ``covered product'' as defined in 42 U.S.C.
6291(2) of EPCA, other than a component of a covered product with
respect to which there is in effect a determination under 42 U.S.C.
6312(c). (42 U.S.C. 6311(2)(A))
To classify equipment as covered commercial or industrial
equipment, the Secretary must determine that classifying the equipment
as covered equipment is necessary for the purposes of Part A-1 of EPCA.
In general, the purpose of Part A-1 is to improve the efficiency of
certain industrial equipment, such as packaged boilers, and to conserve
the energy resources of the Nation. (42 U.S.C. 6312 (a), (b)).
II. Current Rulemaking Process
DOE has previously conducted energy conservation standards
rulemakings for natural draft commercial packaged boilers. As explained
in section IV.C, DOE is undertaking this coverage determination to
explicitly clarify its statutory authority under EPCA to cover natural
draft commercial packaged boilers. Following public comment, DOE
intends to issue a final determination of coverage for this equipment,
and would consider amended energy conservation standards and test
procedures for this equipment as part of its upcoming rulemaking for
commercial packaged boilers.
With respect to test procedures, DOE's existing test procedures for
commercial packaged boilers contain provisions for measuring the energy
efficiency of natural draft commercial packaged boilers. As with any of
DOE's test procedures, the current test procedure allows for
measurement of the energy efficiency, energy use, or estimated annual
operating cost of natural draft commercial packaged boilers during a
representative average use cycle or period of use in a manner that is
not unduly burdensome to conduct. (42 U.S.C. 6314(a)(2)) Although DOE's
existing test procedure has generally proven adequate for testing
natural draft commercial packaged boilers, DOE may consider any
necessary amendments to these test procedures in the context of its
upcoming ``7-year-lookback'' test procedure rulemaking. (42 U.S.C.
6314(a)(1)) In a typical test procedure rulemaking, DOE initially
prepares a test procedure notice of proposed rulemaking (NOPR) and
allows interested parties to present oral and written data, views, and
arguments with respect to such procedures. In amending test procedures,
DOE takes into account relevant information, including technological
developments relating to energy use or energy efficiency of natural
draft commercial packaged boilers.
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. After DOE receives
comments on the Framework Document, DOE typically prepares an energy
conservation standards rulemaking preliminary analysis and technical
support document (TSD) for the preliminary analysis. The preliminary
analysis typically provides initial draft analyses of potential energy
conservation standards on consumers, manufacturers, and the Nation.
These steps are not legally required.
DOE is required to publish a NOPR setting forth DOE's proposed
energy conservation standards and a summary of the results of DOE's
supporting technical analysis. The details of DOE's analysis are
provided in a 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). DOE affords interested persons an opportunity during a period
of not less than 60 days after the publication of the NOPR to provide
oral and written comment. (42 U.S.C. 6295(p)(2)) 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 amended energy conservation standards for natural draft commercial
packaged boilers. (42 U.S.C. 6295(p)(3)).
III. Definition(s)
DOE is considering a definition for ``Natural Draft Commercial
Packaged Boiler'' to clarify coverage of any potential test procedure
or energy conservation standard amendments that may arise subsequent to
today's proposed determination. There is currently no statutory
definition of ``natural draft commercial packaged boiler,'' so DOE is
considering the following definition of ``natural draft commercial
packaged boiler'' to provide clarity for interested parties as it
continues its analyses:
Natural draft commercial packaged boiler means a commercial
packaged boiler designed to operate with negative pressure in the
firebox and in the flue connection created by a chimney or the height
of the unit itself, up to the draft control device. Such boilers do not
require mechanical drafting equipment to vent combustion gases, but may
include mechanical devices such as mechanical flue or stack dampers to
limit the heat losses through the flue vent during off-cycle.
DOE seeks comments from interested parties about this definition
for ``natural draft commercial packaged boiler.''
IV. Evaluation of Natural Draft Commercial Packaged Boilers as a
Covered Equipment
The following sections describe DOE's evaluation of whether natural
draft commercial packaged boilers fulfill the criteria for being added
as covered equipment pursuant to 42 U.S.C. 6311(2) and 42 U.S.C. 6312.
Packaged boilers are listed as a type of industrial equipment at 42
U.S.C. 6311(2)(B). The following discussion addresses DOE's
consideration of the three requirements of 42 U.S.C. 6311(2)(A) and 42
U.S.C. 6312.
A. Energy Consumption in Operation
Based on the Energy Information Administration's (EIA) 2013 Annual
Energy Outlook (AEO) and 2003 Commercial Building Energy Consumption
Survey (CBECS) data, DOE estimated that the annual energy use of gas
and oil-fired commercial packaged boilers was 0.73 quad in
[[Page 49204]]
2012.1 2 3 Based on the number of natural draft commercial
packaged boiler models in the 2013 Air-Conditioning, Heating, and
Refrigeration Institute (AHRI) certification directory (41 percent
average for both gas and oil-fired commercial packaged boilers), DOE
estimated that the annual energy use of natural draft gas and oil-fired
commercial packaged boilers was 0.30 quad in 2012, or the equivalent of
approximately 51.7 million barrels of oil. Based on CBECS 2003 data,
DOE estimated that, on average, existing gas and oil-fired commercial
packaged boilers consume about 1,362 MMBtu/yr or about 400,000 kWh/yr
per building that use natural draft gas and oil-fired commercial
packaged boilers.4 5
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\1\ Energy Information Administration (EIA), 2013 Annual Energy
Outlook (AEO) Full Version (Available at: http://www.eia.gov/forecasts/aeo/) (Last accessed April 15, 2013).
\2\ Energy Information Administration (EIA), 2003 Commercial
Building Energy Consumption Survey (CBECS) (Available at: http://www.eia.gov/consumption/commercial/) (Last accessed April 10, 2013).
\3\ AEO 2013 provides total space heating energy use for
commercial buildings, In 2012, AEO 2013 estimates that 1.51 quads is
used for gas space heating and 0.115 quad is used for oil space
heating in the U.S. commercial buildings. To determine the fraction
of space heating in commercial buildings provided by commercial gas
and oil-fired packaged boilers, DOE used CBECS estimates, which show
that 43 percent of gas heating is provided by gas boilers and 74
percent of oil heating is provided by oil-fired boilers.
\4\ Average energy use of gas and oil boilers per building in
CEBCS 2003 is equal to 1,555 MMBtu/yr. DOE adjusted this value to
reflect a 6.9-percent improvement in existing buildings compared to
2003 buildings based on AEO 2013 data (Available at: http://www.eia.gov/forecasts/aeo/assumptions/pdf/commercial.pdf). DOE also
adjusted the energy use data to normal weather conditions using the
10-year average heating degree-days (HDD) (2003-2012) compared to
2003 HDDs based on National Oceanic and Atmospheric Administration
(NOAA) data (Available at: http://www7.ncdc.noaa.gov/CDO/CDODivisionalSelect.jsp), which resulted in a 5.1-percent decrease
in heating energy consumption.
\5\ Conversion: 1 kWh=3412 Btu.
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B. Distribution in Commerce
Natural draft commercial packaged boilers are distributed both in
the commercial and industrial sectors. During the analysis leading to
the 2009 commercial packaged boilers final rule (74 FR 36312 (July 22,
2009)), DOE obtained from AHRI an estimate of annual shipments of
commercial packaged boilers that, at the time, were approximately
36,000 units. (2009 Technical Support Document, Chapter 6, Shipment
Analysis \6\) Since no recent shipments data are available, DOE plans
to assume that the same number of units will be shipped in 2013 (about
36,000 gas and oil-fired commercial packaged boilers). Since 41 percent
of commercial packaged boilers models in the 2013 AHRI Directory \7\
are natural draft commercial packaged boilers, DOE estimates that about
15,000 natural draft commercial packaged boilers will be shipped
domestically in 2013.
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\6\ See http://www.regulations.gov/#!documentDetail;D=EERE-2008-
BT-STD-0013-0011.
\7\ Air-Conditioning, Heating, and Refrigeration Institute
(AHRI), Commercial Packaged Boiler Certification Directory (April
2013) (Available at: http://www.ahridirectory.org/) (Last accessed
April 15, 2013).
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C. Prior Inclusion as a Covered Product
Natural draft commercial packaged boilers are not currently
included as covered products under Title 10 of the Code of Federal
Regulations, part 430 (10 CFR part 430). However, as explained below,
under DOE's interpretation of the relevant statutory provisions,
natural draft commercial packaged boilers are currently included as
covered equipment under subpart E of 10 CFR part 431.
D. Coverage Necessary To Carry Out Purposes of Part A-1 of the Energy
Policy and Conservation Act
The purpose of part A-1 of EPCA is to improve the energy efficiency
of certain industrial equipment to conserve the energy resources of the
Nation. Commercial packaged boilers are covered equipment under the
statute. Until now, DOE has not drawn a distinction between a
commercial packaged boiler that is manufactured and shipped as a
natural draft model or a mechanical draft model. Consistent with this
position, DOE adopted energy conservation standards for natural draft
commercial packaged boilers in a final rule published in the Federal
Register on July 22, 2009, which was consistent with the efficiency
levels contained in the American Society of Heating, Refrigerating and
Air Conditioning Engineers (ASHRAE) Standard 90.1-2007. 74 FR 36312.
DOE continues to conclude that, from a technical perspective,
natural draft commercial packaged boilers are similar in purpose and
function to their mechanical-draft counterparts. Nevertheless, DOE is
initiating this coverage determination for natural draft commercial
packaged boilers, because explicit coverage of natural draft commercial
packaged boilers is necessary to carry out the purposes of part A-1 of
EPCA. Coverage will promote the conservation of energy and provide a
more level playing field to the variety of commercial packaged boilers
on the market, thereby discouraging potential substitution effects.
Beyond the energy conservation standards currently in place for natural
draft commercial packaged boilers, DOE will commence a rulemaking to
consider amending the energy conservation standards both for commercial
packaged boilers with mechanical draft equipment and, pending the
outcome of today's proposed coverage determination, natural draft
commercial packaged boilers. Amended energy conservation standards that
may result after such final coverage determination would help to
capture some portion of the potential for improving efficiency of
natural draft commercial packaged boilers.
In view of all the information in section IV of this notice, DOE
proposes to determine that natural draft commercial packaged boilers
qualify as covered equipment under part A-1 of Title III of EPCA, as
amended. (42 U.S.C. 6311 et seq.)
V. Procedural Issues and Regulatory Review
DOE has reviewed its proposed determination of natural draft
commercial packaged boilers 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
[[Page 49205]]
of its rules on small entities are properly considered during the DOE
rulemaking process. 68 FR 7990 (Feb. 19, 2003). DOE makes its
procedures and policies available on the Office of the General
Counsel's Web site at http://energy.gov/gc/office-general-counsel.
DOE reviewed today's proposed determination under the provisions of
the Regulatory Flexibility Act and the policies and procedures
published on February 19, 2003. DOE certifies that the proposed
determination, if adopted, would not have a significant economic impact
on a substantial number of small entities. The factual basis for this
certification is as follows:
The Small Business Administration (SBA) considers a business entity
to be a small business, if, together with its affiliates, it employs
less than a threshold number of workers specified in 13 CFR part 121.
65 FR 30836, 30848 (May 15, 2000), as amended at 65 FR 53533, 53544
(Sept. 5, 2000). These size standards and codes are established by the
North American Industry Classification System (NAICS). The threshold
number for the relevant NAICS classification code 333414, ``Heating
Equipment (except Warm Air Furnaces) Manufacturing,'' is 500 employees.
To determine whether any manufacturers of natural draft commercial
packaged boilers fall below this threshold number, DOE assembled an
extensive database of commercial packaged boiler models and
manufacturers based on surveys of the AHRI certification directory,\8\
the California Energy Commission (CEC) appliance database,\9\ and
additional industry and manufacturer Web sites. DOE used this database
to identify manufacturers of natural draft commercial packaged boilers
for further analysis. Using publically-available data from sources such
as Hoover's online database \10\ and manufacturer Web sites, DOE
evaluated each manufacturer to determine if they met the SBA's
definition of a ``small business manufacturing facility'' and have
their manufacturing facilities located within the United States. Based
on this analysis, DOE identified seven small businesses that
manufacture natural draft commercial packaged boilers.
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\8\ See Air-Conditioning, Heating, and Refrigeration Institute:
Certification Directory (Available at: http://www.ahridirectory.org/ahridirectory/pages/home.aspx).
\9\ See California Energy Commission: Appliance Database
(Available at: http://www.appliances.energy.ca.gov/).
\10\ See Hoover's Database (Available at: http://www.hoovers.com/).
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If adopted, today's proposed determination would not amend
standards and would only reaffirm DOE's authority to cover natural
draft commercial packaged boilers. The proposed determination also does
not amend any test procedures. Economic impacts on small entities would
be considered in the context of such rulemakings.
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
natural draft commercial packaged boilers meet the criteria for
classification as covered equipment, will impose no new information or
recordkeeping 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 natural
draft commercial packaged boilers meet the criteria for classification
as covered equipment. Environmental impacts would be explored in any
future energy conservation standards rulemaking for natural draft
commercial packaged boilers. 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 natural draft commercial
packaged boilers meet the criteria for classification as covered
equipment, 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 equipment 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 (Feb. 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
[[Page 49206]]
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 http://energy.gov/gc/office-general-counsel.) 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,
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.
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,
2001
The Treasury and General Government Appropriation Act, 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 (Feb. 22, 2002), and DOE's guidelines were published at 67 FR
62446 (Oct. 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 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 natural draft commercial packaged boilers meet the
criteria for classification as covered equipment 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 (Jan. 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. DOE has determined that the
analyses conducted for this rulemaking do not constitute ``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 (Jan. 14, 2005). The analyses were
subject to pre-dissemination review prior to issuance of this
rulemaking.
DOE will determine the appropriate level of review that would be
applicable to any future rulemaking to amend energy conservation
standards for natural draft commercial packaged boilers.
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 natural draft
commercial packaged boilers are covered equipment 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
[[Page 49207]]
encryption, and wherever possible, comments should include the
electronic signature of the author. No telefacsimiles (faxes) will be
accepted.
Pursuant 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 well-marked copies: One copy of the
document marked ``confidential'' including all the information believed
to be confidential, and one copy of the document marked ``non-
confidential'' with 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 the Department of Energy 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 natural draft commercial packaged boilers:
Definition of ``natural draft commercial packaged
boiler'';
Whether classifying natural draft commercial packaged
boilers as covered equipment is necessary to carry out the purposes of
Part A-1 of EPCA; and
Availability or lack of availability of technologies for
improving the energy efficiency of natural draft commercial packaged
boilers.
DOE invites all interested parties to submit, in writing and by
September 12, 2013, comments and information on matters addressed in
this notice and on other matters relevant to a determination for
natural draft commercial packaged boilers. DOE is also interested in
receiving views concerning other issues relevant to amending the test
procedure and energy conservation standards for natural draft
commercial packaged boilers.
After the expiration of the period for submitting written
statements, DOE 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 confirms in the final
determination that natural draft commercial packaged boilers qualify as
covered equipment, DOE may consider amendments to the test procedure
and energy conservation standards for natural draft commercial packaged
boilers as part of the upcoming rulemaking for commercial packaged
boilers generally. Members of the public will be given an opportunity
to submit written and oral comments on any proposed amended test
procedure and standards.
List of Subjects in 10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on August 7, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-19560 Filed 8-12-13; 8:45 am]
BILLING CODE 6450-01-P