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.

Proposed Rules Federal Register

49202 

Vol. 78, No. 156 

Tuesday, August 13, 2013 

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. 

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: 

PkgdBoilers2013STD0030@ee.doe.gov. 

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: 

commercial_packaged_

boilers@ee.doe.gov. 

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: 

Eric.Stas@hq.doe.gov. 

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: 

Brenda.Edwards@ee.doe.gov. 

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 


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equipment. Part C of Title III of EPCA 

(42 U.S.C. 6311–6317), which was redesignated 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 


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1Energy Information Administration (EIA), 2013 

Annual Energy Outlook (AEO) Full Version 

(Available at: http://www.eia.gov/forecasts/aeo/) 

(Last accessed April 15, 2013). 

2Energy Information Administration (EIA), 2003 

Commercial Building Energy Consumption Survey 

(CBECS) (Available at: http://www.eia.gov/ 

consumption/commercial/) (Last accessed April 10, 

2013). 

3AEO 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. 

4Average 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. 

5Conversion: 1 kWh=3412 Btu. 

6See http://www.regulations.gov/ 

#!documentDetail;D=EERE-2008-BT-STD-0013- 

0011. 

7Air-Conditioning, Heating, and Refrigeration 

Institute (AHRI), Commercial Packaged Boiler 

Certification Directory (April 2013) (Available at: 

http://www.ahridirectory.org/) (Last accessed April 

15, 2013). 

2012.123 Based on the number of 

natural draft commercial packaged 

boiler models in the 2013 AirConditioning, Heating, and Refrigeration 

Institute (AHRI) certification directory 

(41 percent average for both gas and oilfired 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

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. 

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 


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8See Air-Conditioning, Heating, and Refrigeration 

Institute: Certification Directory (Available at: 

http://www.ahridirectory.org/ahridirectory/pages/ 

home.aspx). 

9See California Energy Commission: Appliance 

Database (Available at: http:// 

www.appliances.energy.ca.gov/). 

10See Hoover’s Database (Available at: http:// 

www.hoovers.com/). 

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. 

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 


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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 predissemination 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 


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Federal Register / Vol. 78, No. 156 / Tuesday, August 13, 2013 / Proposed Rules 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0725; Directorate 

Identifier 98–CE–01–AD] 

RIN 2120–AA64 

Airworthiness Directives; Maule 

Aerospace Technology, Inc. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to revise 

airworthiness directive (AD) 98–15–18 

that applies to certain Maule Aerospace 

Technology, Inc. M–4, M–5, M–6, M–7, 

MT–7, MX–7, MXT–7, and M–8 

airplanes that are equipped with rear 

wing lift struts, part number (P/N) 

2079E, and/or front wing lift struts, P/ 

N 2080E. AD 98–15–18 currently 

requires repetitively inspecting certain 

wing lift struts for internal corrosion 

and replacing of any wing lift strut 

where corrosion is found. Since we 

issued AD 98–15–18, we have been 

informed by the manufacturer that 

Model MXT–7–420 airplanes are no 

longer in existence, are no longer type 

certificated, and should be removed 

from the Applicability section. We have 

also been informed that paragraph (b) in 

AD 98–15–18 is being misinterpreted 

and is causing confusion. This proposed 

AD would remove Model MXT–7–420 

airplanes from the Applicability section 

and clarify the intent of the language 

currently in paragraph (b) of AD 98–15– 

18. This proposed AD would retain all 

other requirements of the existing AD. 

We are proposing this AD to correct the 

unsafe condition on these products. 

DATES: We must receive comments on 

this proposed AD by September 27, 

2013. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this proposed AD, contact Maule Air, 

Inc., 2099 GA Hwy 133 South, Moultrie, 

Georgia 31768; telephone: (229) 985– 

2045; fax: (229) 890–2402; Internet: 

http://www.mauleairinc.com/pdf/ 

servicebulletins/ 

service_bulletin_11_old.pdf. You may 

review copies of the referenced service 

information at the FAA, Small Airplane 

Directorate, 901 Locust, Kansas City, 

Missouri 64106. For information on the 

availability of this material at the FAA, 

call (816) 329–4148. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(phone: 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 


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