[Federal Register Volume 78, Number 134 (Friday, July 12, 2013)]
[Proposed Rules]
[Pages 41873-41877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16728]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2013-BT-DET-0035]
RIN 1904-AD04
Energy Conservation Program for Consumer Products and Certain
Commercial and Industrial Equipment: Proposed Determination of
Computers 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 computers qualify as a covered product
under Part A of Title III of the Energy Policy and Conservation Act
(EPCA), as amended. DOE has determined that computers 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 computers 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 August 12, 2013.
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 Program, Mailstop EE-2J, 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 Program, 6th Floor, 950 L'Enfant Plaza
SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit one
signed paper original.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking.
Docket: For access to the docket to read background documents or
comments received, go to the U.S. Department of Energy, 6th Floor, 950
L'Enfant Plaza SW., Washington, DC 20024, (202) 586-2945, between 9:00
a.m. and 4:00 p.m., Monday through Friday, except Federal holidays.
Please call Ms. Brenda Edwards at (202) 586-2945 for additional
information regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Mr. Jeremy Dommu, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 586-9870. Email: [email protected].
In the Office of General Counsel, contact 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:
Table of Contents
I. Statutory Authority
II. Current Rulemaking Process
III. Proposed Definition
IV. Evaluation of Computers as a Covered Product Subject to Energy
Conservation Standards
A. Coverage Necessary or Appropriate To Carry Out Purposes of
EPCA
B. Average Household Energy Use
V. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government
Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Review Under the Information Quality Bulletin for Peer Review
VI. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comments
I. Statutory Authority
Title III of the Energy Policy and Conservation Act (EPCA), as
amended (42 U.S.C. 6291 et seq.), sets forth various provisions
designed to improve energy efficiency. Part A of Title III of EPCA (42
U.S.C. 6291-6309) established the ``Energy Conservation Program for
Consumer Products Other Than Automobiles,'' which covers consumer
products and certain commercial products (hereafter referred to as
``covered products'').\1\ In addition to specifying a list of covered
residential and commercial products, EPCA contains provisions that
enable the Secretary of Energy to classify additional types of consumer
products as covered products. For a given product to be classified as a
covered product, the Secretary must determine that:
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\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was re-designated Part A.
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(1) Classifying the product as a covered product is necessary 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)).
Computers are devices which perform logical operations and process
data. If DOE issues a final determination that computers are a covered
product, DOE will consider test procedures and energy conservation
standards for computers. DOE will determine if computers satisfy the
provisions of 42 U.S.C. 6295(l)(1) during the course of any energy
conservation standards rulemaking.
II. Current Rulemaking Process
DOE has not previously conducted an energy conservation standard
[[Page 41874]]
rulemaking for computers. If, after public comment, DOE issues a final
determination of coverage for this product, DOE will consider both test
procedures and energy conservation standards for this product.
With respect to test procedures, DOE will consider a proposed test
procedure for measuring the energy efficiency, energy use or estimated
annual operating cost of computers during a representative average use
cycle or period of use that is not unduly burdensome to conduct. (42
U.S.C. 6293(b)(3)) In a test procedure rulemaking, DOE initially
prepares a notice of proposed rulemaking (NOPR) and allows interested
parties to present oral and written data, views, and arguments with
respect to such procedures. In prescribing new test procedures, DOE
takes into account relevant information including technological
developments relating to energy use or energy efficiency of computers.
With respect to energy conservation standards, DOE is required to
publish a NOPR. The NOPR provides DOE's proposal for potential energy
conservations standards and a summary of the results of DOE's
supporting technical analysis. The details of DOE's energy conservation
standards analysis are provided in a technical support document (TSD)
that describes the details of DOE's analysis of both the burdens and
benefits of potential standards, pursuant to 42 U.S.C. 6295(o). Because
computers would be a product that is newly covered under 42 U.S.C.
6292(b)(1), DOE would also consider as part of any energy conservation
standard NOPR whether computers satisfy the requirements of 42 U.S.C.
6295(l)(1). After the publication of the NOPR, DOE affords interested
persons an opportunity during a period of not less than 60 days to
provide oral and written comment. After receiving and considering the
comments on the NOPR and not less than 90 days after the publication of
the NOPR, DOE would issue the final rule prescribing any new energy
conservation standards for computers.
III. Proposed Definition
DOE proposes to add a definition for ``Computers'' in the Code of
Federal Regulations to clarify coverage of any potential test procedure
or energy conservation standard that may arise from today's proposed
determination. There currently is no statutory definition of computers.
DOE has determined preliminarily that adding computers as a covered
product is justified. Accordingly, DOE proposes the following
definition of computers to consider test procedures and energy
conservation standards for computers and to provide clarity for
interested parties as it continues its analyses:
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.
This proposed definition includes (but is not necessarily limited
to) desktop computers, integrated desktop computers, laptop/notebook/
netbook computers, and workstations. This proposed definition does not
include servers without the ability to connect user input devices and/
or support an external display screen. DOE seeks feedback from
interested parties on its proposed definition of computers.
IV. Evaluation of Computers as a Covered Product Subject to Energy
Conservation Standards
The following sections describe DOE's evaluation of whether
computers 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 computers 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
computers is significant and is projected to hold steady in the near
future.\2\ Current estimates of national electricity usage are 30.3
billion kWh in the residential sector, and 31.3 billion kWh in the
commercial sector.\3\ The penetration of computers in the residential
sector is high, with 63% of U.S. households owning a desktop computer,
and 65% of U.S. households owning a notebook, laptop, or netbook
computer, in 2013.\4\ Coverage of computers will enable the
conservation of energy supplies through both labeling programs and the
regulation of computer energy efficiency. There is significant
variation in the annual energy consumption of different models
currently available, therefore technologies exist to reduce the energy
consumption of computers.
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\2\ U.S. Energy Information Administration, 2013. Annual Energy
Outlook 2013. http://www.eia.gov/forecasts/aeo/.
\3\ 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.
\4\ Consumer Electronics Association, 2013. 15th Annual CE
Ownership and Market Potential Study.
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B. Average Household Energy Use
DOE calculated average household energy use for computers, in
households that use the product, based on estimates reported in
recently published studies. In these studies, 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.\5\ However, a significant fraction of U.S. households own
more than a single computer, thus the total average household energy
consumption is likely to be higher than these estimations. If, as
reported above, 63% of households own at least one desktop computer,
and 65% of households own at least one portable computer, then 87% of
households own at least one computer.\6\ There are an estimated 119
million households in the U.S. in 2013; \7\ therefore, there are
approximately 104 million households that own at least one computer.
[[Page 41875]]
Assuming that the total national electricity consumption of computers
in the residential sector is 30.3 billion kWh \8\, DOE estimates the
average annual per-household electricity usage to be approximately 291
kWh/yr. Therefore, DOE tentatively determines that the average annual
per-household energy use for computers is likely to exceed 100 kWh/yr,
satisfying the provisions of 42 U.S.C. 6292(b)(1).
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\5\ 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.
\6\ This assumes that the probability of a household owning a
desktop computer is independent of the probability of a household
owning a laptop computer. In reality, this may or may not be the
case. The assumption of independence provides an upper bound on the
total percentage of households that own at least one computer, and
therefore results in a conservative estimate of the annual per-
household electricity usage.
\7\ U.S. Energy Information Administration, 2013. Annual Energy
Outlook 2013. http://www.eia.gov/forecasts/aeo/.
\8\ 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.
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Based on the above, DOE has determined tentatively that computers
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 computers 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; they would only positively
determine that future standards may be warranted and should be explored
in an energy conservation standards and test procedure rulemaking.
Economic impacts on small entities would be considered in the context
of such rulemakings. On the basis of the foregoing, DOE certifies that
the proposed determination, if adopted, would have no significant
economic impact on a substantial number of small entities. Accordingly,
DOE has not prepared a regulatory flexibility analysis for this
proposed determination. DOE will transmit this certification and
supporting statement of factual basis to the Chief Counsel for Advocacy
of the Small Business Administration for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
This proposed determination, which proposes to determine that
computers 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 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
[[Page 41876]]
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 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 computers 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 computers.
VI. Public Participation
A. Submission of Comments
DOE will accept comments, data, and information regarding this
notice of proposed determination no later than
[[Page 41877]]
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 computers 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 computers:
Definition(s) of computers;
Whether classifying computers as a covered product is
necessary or appropriate to carry out the purposes of EPCA;
Calculations and values for average household energy
consumption; and
Availability or lack of availability of technologies for
improving energy efficiency of computers.
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
computers. The Department invites all interested parties to submit in
writing by August 12, 2013, comments and information on matters
addressed in this notice and on other matters relevant to consideration
of a determination for computers.
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 computers qualify as a covered product, DOE will consider a test
procedure and energy conservation standards for computers. Members of
the public will be given an opportunity to submit written and oral
comments on any proposed test procedure and standards.
List of Subjects in 10 CFR part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Reporting and recordkeeping
requirements.
Issued in Washington, DC, on July 5, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2013-16728 Filed 7-11-13; 8:45 am]
BILLING CODE 6450-01-P