[Federal Register Volume 79, Number 40 (Friday, February 28, 2014)]
[Proposed Rules]
[Pages 11345-11350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-04423]
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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. 79, No. 40 / Friday, February 28, 2014 /
Proposed Rules
[[Page 11345]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2013-BT-DET-0035]
RIN 1904-AD04
Energy Conservation Program: Proposed Determination of Computer
and Battery Backup Systems 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 or the ``Department'') has
determined tentatively that computer and battery backup systems
(hereafter referred to as ``computer systems'') qualify as a covered
product under Part A of Title III of the Energy Policy and Conservation
Act (EPCA), as amended. This notice supersedes DOE's previous proposed
determination of coverage relating to computers, and expands the scope
of coverage to include computer systems. DOE has determined that
computer systems meet the criteria for covered products because
classifying products of such type as covered products is necessary or
appropriate to carry out the purposes of EPCA, and the average U.S.
household energy use for computer systems is 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 March 31, 2014.
ADDRESSES: Interested persons may submit comments, identified by docket
number EERE-2013-BT-DET-0035, 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-DET-0035 and/or RIN 1904-AD04 in the subject line of the message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Office, Mailstop EE-5B, Proposed Determination
for computers, EERE-2013-BT-DET-0035 and/or RIN 1904-AD04, 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 Office, 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 rulemaking.
Docket: For access to the docket to read background documents, or
comments received, go to the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Jeremy Dommu, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone:
(202) 586-9870. Email: [email protected].
Ms. Celia Sher, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 287-6122. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On July 12, 2013, DOE published a proposed determination (July 2013
Notice) in the Federal Register (78 FR 41873) tentatively determining
that computers qualify as a covered product under Part A of Title III
of EPCA, as amended. The Department is superseding the July 2013 Notice
with this updated notice.
II. Authority
Title III of EPCA (42 U.S.C. 6291, et seq.) sets forth a variety of
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. (42 U.S.C. 6292(a)(20)) DOE may
prescribe test procedures for any product it classifies as a ``covered
product.'' (42 U.S.C. 6293(b)) 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 for
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 (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 kWh 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 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 computer systems are a
covered product, DOE will consider test procedures and energy
conservation standards for them. DOE will determine if computer systems
satisfy the provisions of 42 U.S.C. 6295(l)(1) during the course of any
energy conservation standards rulemaking.
III. Discussion
In the July 2013 Notice, DOE tentatively determined that computers
qualify as a covered product. DOE further proposed that a definition
for computers be added to the Code of Federal Regulations to clarify
coverage
[[Page 11346]]
of any potential test procedure or energy conservation standard.
Accordingly, DOE proposed the following definition of computers and
sought comment from interested parties:
A consumer product which performs logical operations and processes
data. A computer is composed of, at a minimum: (a) A central processing
unit (CPU) to perform operations, or the ability to function as a
client gateway to a server which acts as a computational CPU; (b) user
input devices such as a keyboard, mouse, or touchpad; and (c) an
integrated display screen and/or the ability to support an external
display screen to output information. 78 FR 41874.
DOE also proposed a notice to tentatively cover computer servers
(servers) as a covered product. 78 FR 41868 (July 12, 2013). In that
notice, DOE proposed that servers be defined as:
A computer that provides services and manages networked resources
for client devices (e.g., desktop computers, notebook computers, thin
clients, wireless devices, PDAs, IP telephones, other computer servers,
or other network devices). A computer server is primarily accessed via
network connections, versus directly connected user input devices such
as a keyboard or mouse. 78 FR 41870.
By separate action published elsewhere in today's Federal Register,
DOE is withdrawing its proposed rule to determine servers as a covered
product. Upon further consideration, DOE believes that computers and
servers share numerous technical and physical characteristics which
would make it more appropriate to cover them together as a single
covered product. Because battery backup functions are closely tied to
computers and servers, DOE believes that backup batteries such as
uninterruptible power supplies (UPSs), which provide emergency power in
case of failure, should also be included in the covered product to
which this notice relates. Thus, DOE is proposing that the name of the
covered product in this notice be changed to ``computer and battery
backup systems'' and be defined as:
A consumer product whose primary function is to perform logical
operations and process data, or equipment whose primary function is to
maintain continuity of load power for such products in case of input
power failure.
While DOE recognizes that this revised definition further broadens
the scope of the covered product that this notice relates, DOE believes
that is necessary given the increasingly networked environment in which
these products operate. For example, the increased use of tablets,
smart phones and cloud services has shifted energy use from personal
computers like desktop and notebook computers to servers (e.g. more
disc storage in servers, less disc storage in desktop computers).
Consumers commonly use battery backups for their computers to allow
users to save all data in the event of power loss. Some servers
integrate these backup batteries within the server itself, and notebook
computers contain their own battery systems to run when either not
connected to mains power or in the event of a power loss. This revised
definition would allow DOE to account for shifts in energy use between
products, and also help to ensure that the covered product remains
relevant as technology trends in computer systems advance. Based on
DOE's revised definition for computer systems, DOE would consider
consumer products, such as computers, servers, and UPSs, to be within
the scope of coverage.
While all of these consumer products are related, DOE recognizes
that different test methods and efficiency metrics would be necessary
to measure the energy consumption and energy efficiency of such
products. As such, DOE is considering dividing computer systems into
separate product classes based on the type of energy used, the
capacity, and any other performance-related feature that justifies
different standard levels, such as features affecting consumer utility.
(42 U.S.C. 6295(q)) DOE will propose specific definitions for product
classes as part of the efficiency standards rulemaking. As suggested by
the Information Technology Industry Council (ITI), DOE will look to
harmonize the definitions of each potential product class with already
established industry terms and definitions (ITI, No. 0035 at p.1).
DOE notes that the scope for the test procedure and standards
rulemakings that DOE initiates may not cover all products that would
otherwise meet the definition of computer systems. DOE further
clarifies that the proposed definition of computer systems only covers
those products whose primary function is to perform logical operations
and process data, or whose primary function is to maintain continuity
of load power in case of input power failure.
DOE received comment from Cisco Systems, Inc. (Cisco), ITI, the
Consumer Electronics Association (CEA), and Telecommunications Industry
Association (TIA) on DOE's proposed definition of ``server'' in its
July 12, 2013 proposed rule to determine servers as a covered product
(78 FR 41868). Specifically, these parties commented that the proposal
improperly attempts to combine a variety of consumer products, which
DOE has authority to regulate, with entirely dissimilar commercial
products that DOE does not currently have the authority to regulate.
(EERE-2013-BT-DET-0034, Cisco, No. 0017 at p. 3) (EERE-2013-BT-DET-
0034, ITI, No. 0018 at p. 1) (EERE-2013-BT-DET-0034, CEA, No. 0015 at
p. 3) (EERE-2013-BT-DET-0034, TIA, No. 0019 at p. 2) In light of these
comments, DOE clarifies that the proposed scope of coverage for this
rulemaking relates only to consumer products. Thus, this rule applies
to those computer systems that are of a type which, to any significant
extent, are distributed into commerce for personal use or consumption.
See 42 U.S.C. 6291(1). These consumer products can be distinguished
from commercial/industrial equipment, which are of a type not sold for
consumer use. See 42 U.S.C. 6311(2)(A). DOE is seeking assistance from
interested parties in identifying those computer systems that are of a
type that make them a consumer product as distinguished from those that
are objectively commercial.
IV. Evaluation of Computer and Battery Backup Systems as a Covered
Product Subject to Energy Conservation Standards
The following sections describe DOE's evaluation of whether
computer systems 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
kWh (or its Btu equivalent) per year.
A. Coverage Necessary or Appropriate to Carry Out Purposes of EPCA
Coverage of computer systems 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 aggregate energy use of
computer systems is significant. For example, recent estimates of
national electricity usage for computers alone are 30.3 billion kWh in
the residential sector, and 31.3 billion kWh in the
[[Page 11347]]
commercial sector.\2\ For servers, total national electricity usage is
estimated to be 26.5 billion kWh as a lower bound.\3\ The national
energy use of UPSs is estimated to be at least 6.9 billion kWh.\4\ The
penetration of computer systems in the residential sector is high, with
63% of U.S. households owning a desktop computer, 65% of U.S.
households owning a notebook, laptop, or netbook computer, and an
installed base of 8.6 million UPSs in U.S. households.\5\ Coverage of
computer systems will enable the conservation of energy supplies
through both labeling programs and the regulation of computer systems
energy efficiency. There is significant variation in the annual energy
consumption of different models currently available for computers,
servers, and UPSs. Therefore, technologies exist to reduce the energy
consumption of computer systems.
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\2\ Urban, B. et al., 2011. Energy Consumption of Consumer
Electronics in U.S. Homes in 2010. Prepared by the Fraunhofer Center
for Sustainable Energy Systems for the Consumer Electronics
Association; Zogg, R. et al., 2009. Energy Savings Potential and
RD&D Opportunities for Commercial Building Appliances. Prepared by
Navigant Consulting, Inc. for DOE.
\3\ Koomey, J.G. 2011. Growth in Data Center Electricity Use
2005 to 2010. Analytics Press.
\4\ Zogg, R. et al., 2009. Energy Savings Potential and RD&D
Opportunities for Commercial Building Appliances. Prepared by
Navigant Consulting, Inc. for DOE; Roth, K.W. et al. 2007.
Residential Miscellaneous Electric Loads: Energy Consumption
Characterization and Savings Potential. Prepared by TIAX LLC for
DOE.
\5\ Consumer Electronics Association, 2013. 15th Annual CE
Ownership and Market Potential Study; Urban, B. et al., 2011. Energy
Consumption of Consumer Electronics in U.S. Homes in 2010. Prepared
by the Fraunhofer Center for Sustainable Energy Systems for the
Consumer Electronics Association; Roth, K.W. et al. 2007.
Residential Miscellaneous Electric Loads: Energy Consumption
Characterization and Savings Potential. Prepared by TIAX LLC for
DOE.
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B. Average Household Energy Use
DOE calculated average household energy use for computer systems,
in households that use the product, based on data from published
literature and under the assumption that computer systems contain at
least one computer or server, and possibly a UPS as well. The average
annual energy use for a desktop computer was estimated to be 220 kWh/
yr, and the average annual energy use for a portable computer was
estimated to be 62 kWh/yr, resulting in a weighted average of 130 kWh/
yr per computer.\6\ In addition, there are an estimated 1.4 desktop
computers and 1.9 portable computers per household that owns these
devices in the U.S.,\7\ thus the total average household energy
consumption of computers is likely higher than these estimations. The
estimated annual energy consumption of individual servers ranges from
approximately 1900-2100 kWh/yr for mass-produced volume servers.\8\
Under the assumption that households that use servers would have at
most one of these types of servers, DOE estimated the average annual
household energy use for households that use servers to be at least
1900 kWh/yr. The average annual per-unit energy use of ENERGY STAR-
qualified UPSs is approximately 190 kWh/yr (including only standby and
line-interactive UPSs, and assuming an average load of 0.7 of rated
output power).\9\ Therefore, DOE tentatively determines that the
average annual per-household energy use for computer systems is likely
to exceed 100 kWh/yr, satisfying the provisions of 42 U.S.C.
6292(b)(1).
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\6\ Urban, B. et al., 2011. Energy Consumption of Consumer
Electronics in U.S. Homes in 2010. Prepared by the Fraunhofer Center
for Sustainable Energy Systems for the Consumer Electronics
Association; Zogg, R. et al., 2009. Energy Savings Potential and
RD&D Opportunities for Commercial Building Appliances. Prepared by
Navigant Consulting, Inc. for DOE.
\7\ Consumer Electronics Association, 2013. 15th Annual CE
Ownership and Market Potential Study.
\8\ Koomey, J.G. 2011. Growth in Data Center Electricity Use
2005 to 2010. Analytics Press; Koomey, J.G. 2008. Worldwide
Electricity Used in Data Centers. Environmental Research Letters, 3;
Zogg, R. et al. 2009. Energy Savings Potential and RD&D
Opportunities for Commercial Building Appliances. Prepared by
Navigant Consulting, Inc. for DOE; Masanet, E.R. et al. 2011.
Estimating the Energy Use and Efficiency Potential of U.S. Data
Centers. Proceedings of the IEEE 99 (8), 1440-1453.
\9\ ENERGY STAR Uninterruptible Power Supplies Qualified
Products List, posted October 30, 2013 (accessed October 31, 2013).
http://downloads.energystar.gov/bi/qplist/Uninterruptible_Power_Supplies_Product_List.xls.
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Based on the above, DOE has determined tentatively that computer
systems qualify as a covered product under Part A of Title III of the
EPCA, as amended.
V. Procedural Issues and Regulatory Review
DOE has reviewed its proposed determination of computer systems
under the following Executive orders and Acts.
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) 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 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./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. If adopted, today's proposed
determination would set no standards; it 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
computer systems meet 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, OMB clearance is not
[[Page 11348]]
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
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 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
[[Page 11349]]
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 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 computer systems meet 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. 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 (January 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 establish energy conservation
standards for computer systems.
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 computer
systems are 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 computer systems:
Definition of computer and battery backup systems;
Whether classifying computer systems as a covered product
is necessary or appropriate to carry out the purposes of EPCA;
Scope of this proposed determination;
Identifying those computer systems that are of a type that
make them a consumer product as distinguished from those computer
systems that are objectively commercial;
Calculations and values for average household energy
consumption; and
Availability or lack of availability of technologies for
improving energy efficiency of computer systems.
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
computer systems. The Department invites all interested parties to
submit in writing by March 31, 2014, comments and information on
matters addressed in this notice and on other matters relevant to
consideration of a determination for computer systems.
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 computer systems qualify as a covered product, DOE will consider a
test procedure and energy conservation standards for computer systems.
Members of the public will be given an opportunity to submit written
and oral comments on any proposed test procedure and standards.
VII. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this revised
proposed determination.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation,
[[Page 11350]]
Household appliances, Reporting and recordkeeping requirements,
Imports, Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on February 21, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary of Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2014-04423 Filed 2-27-14; 8:45 am]
BILLING CODE 6450-01-P