76972 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

including any personal information 

provided in the comments (except 

information deemed to be exempt from 

public disclosure). 

B. Issues on Which DOE Seeks Comment 

Although DOE welcomes comments 

on any aspect of this proposal, DOE is 

particularly interested in receiving 

comments and views of interested 

parties concerning the following issues: 

1. DOE’s assessment of the identified 

special characteristics of R20 short 

lamps and any other features that 

should be considered special 

characteristics; 

2. The proposal that R20 short lamps 

qualify for an exclusion from energy 

conservation standards because of 

insignificant energy savings attributable 

to their design for specialty 

applications; 

3. Whether reduced wattage lamps 

can be used as reasonable substitutes in 

pool and spa applications in all 

jurisdictions provided that they meet 

the 0.5W of input power per square foot 

of water surface area, or equivalent level 

of illumination; 

4. The identified specifications for 

underwater illumination (0.5W of input 

power per square foot of water surface 

area, or equivalent level of illumination) 

for building code compliance and 

whether this requirement is appropriate 

when qualifying a lamp as a reasonable 

substitute; and 

5. DOE’s analysis of potential R20 

short lamp substitutes and the 

conclusion that there are no reasonably 

substitutable lamps for this lamp type. 

VI. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s proposed 

rulemaking. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential Business 

Information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

Issued in Washington, DC, on December 

21, 2012. 

David T. Danielson, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, DOE proposes to amend part 

430 of chapter II, subchapter D, of title 

10 of the Code of Federal Regulations, 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

1. The authority citation for part 430 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6309; 28 U.S.C. 

2461 note. 

2. In § 430.2, revise the definition for 

‘‘Incandescent reflector lamp’’ and add 

the definition for ‘‘R20 short lamp,’’ in 

alphabetical order, to read as follows: 

§ 430.2 Definitions. 

* * * * * 

Incandescent reflector lamp 

(commonly referred to as a reflector 

lamp) means any lamp in which light is 

produced by a filament heated to 

incandescence by an electric current, 

which: Contains an inner reflective 

coating on the outer bulb to direct the 

light; is not colored; is not designed for 

rough or vibration service applications; 

is not an R20 short lamp; has an R, PAR, 

ER, BR, BPAR, or similar bulb shapes 

with an E26 medium screw base; has a 

rated voltage or voltage range that lies 

at least partially in the range of 115 and 

130 volts; has a diameter that exceeds 

2.25 inches; and has a rated wattage that 

is 40 watts or higher. 

* * * * * 

R20 short lamp means a lamp that is 

an R20 incandescent reflector lamp that 

has a rated wattage of 100 watts; has a 

maximum overall length of 3 and 5⁄8, or 

3.625, inches; and is designed, labeled, 

and marketed specifically for pool and 

spa applications. 

* * * * * 

[FR Doc. 2012–31396 Filed 12–28–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket No. EERE–2012–BT–DET–0033] 

RIN 1904–AC83 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of 

Commercial and Industrial 

Compressors 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 commercial and industrial 

compressors 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 electric 

motors and pumps and certain other 

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 January 30, 

2013. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2012–BT–DET–0033 or 

RIN 1904–AC83, by any of the following 

methods: 

• Federal eRulemaking Portal: 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Email: CompressorsDetermination

2012DET0033@ee.doe.gov. Include 

EERE–2012–BT–DET–0033 and/or RIN 

1904–AC83 in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Notice of Proposed Determination for 

Compressors, EERE–2012–BT–DET– 

0033 and/or RIN 1904–AC83, 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, Suite 

600, 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: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

comments, and other supporting 

documents/materials. All documents in 

the docket are listed in the http:// 

www.regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

A link to the docket web page can be 

found at: www.regulations.gov docket 

no. EERE–2012–BT–DET–0033. This 

web page contains a link to the docket 

for this notice on the 

www.regulations.gov site. The 

regulations.gov web page contains 

instructions on how to access all 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 76973 

documents, including public comments, 

in the docket. See section VII 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: 

Jim.Raba@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Elizabeth Kohl, U.S. 

Department of Energy, Office of the 

General Counsel, GC–71, 1000 

Independence Avenue SW., 

Washington, DC 20585. Telephone: 

(202) 586–7796. Email: 

Elizabeth.Kohl@hq.doe.gov. 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Definition(s) 

IV. Evaluation of Compressors as a Covered 

Equipment 

A. Energy Consumption in Operation 

B. Distribution in Commerce 

C. Prior Inclusion as a Covered Product 

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 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 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. Part C of 

Title III of EPCA (42 U.S.C. 6311–6317), 

which was re-designated for editorial 

reasons as Part A–1 upon codification in 

the U.S. Code, establishes the ‘‘Energy 

Conservation Program for Certain 

Industrial Equipment,’’ which covers 

certain commercial and industrial 

equipment (hereafter referred to as 

‘‘covered equipment’’). 

EPCA specifies a list of equipment 

that constitutes covered commercial and 

industrial equipment. (42 U.S.C. 

6311(1)(A)¥(L). The list identifies 11 

types of equipment and sets forth a 

twelfth provision for any other type of 

industrial equipment which the 

Secretary of Energy (Secretary) classifies 

as covered equipment. EPCA also 

specifies the types of industrial 

equipment that can be classified as 

covered in addition to the equipment 

enumerated in 42 U.S.C. 6311(1). This 

equipment includes compressors. (42 

U.S.C. 6311(2)(B)(i)). 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 that: 

(1) In operation consumes, or is 

designed to consume, energy in 

operation; 

(2) to any significant extent, is 

distributed in commerce for industrial 

or commercial use; and 

(3) is not a covered product as defined 

in 42 U.S.C. 6291(a)(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. The purpose of 

Part A–1 is to improve the efficiency of 

electric motors, pumps and certain other 

industrial equipment to conserve the 

energy resources of the nation. (42 

U.S.C. 6312 (a), (b)) 

II. Current Rulemaking Process 

DOE has not previously conducted an 

energy conservation standard 

rulemaking for compressors. If after 

public comment, DOE issues a final 

determination of coverage for this 

equipment, DOE would consider both 

test procedures and energy conservation 

standards for this equipment. 

With respect to test procedures, DOE 

would consider proposed test 

procedures for measuring the energy 

efficiency, energy use, or estimated 

annual operating cost of compressors 

during a representative average use 

cycle or period of use that are not 

unduly burdensome to conduct. (42 

U.S.C. 6314(a)(2)) In a 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 

prescribing new test procedures, DOE 

takes into account relevant information 

including technological developments 

relating to energy use or energy 

efficiency of compressors. 

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 for 

compressors. After DOE receives 

comments on the framework document, 

DOE typically prepares an energy 

conservation standards rulemaking 

preliminary analysis and technical 

support document (the preliminary 

analysis). The preliminary analysis 

typically provides initial draft analyses 

of potential energy conservation 

standards on consumers, manufacturers, 

and the nation. Neither of these steps is 

legally required. 

DOE is required to publish a NOPR 

setting forth DOE’s proposed energy 

conservations standards and a summary 

of the results of DOE’s supporting 

technical analysis. The details of DOE’s 

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). 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 new energy conservation standards 

for compressors. (42 U.S.C. 6295(p)(3)) 

III. Definition(s) 

DOE is considering a definition for 

‘‘Commercial and Industrial 

Compressors’’ to clarify coverage of any 

potential test procedure or energy 

conservation standard that may arise 

from today’s proposed determination. 

There is currently no statutory 

definition of compressors, and DOE is 

considering the following definition of 

compressors to provide clarity for 

interested parties as it continues its 

analyses: 

Compressor: A compressor is an 

electric-powered device that takes in air 

or gas at atmospheric pressure and 

delivers the air or gas at a higher 


srobinson on DSK4SPTVN1PROD with 
76974 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

1Compressors are mostly driven by electric 

motors but may also be driven by diesel or natural 

gas, and steam or combustion engines. At present, 

DOE envisions including compressors driven only 

by electric motors as covered equipment. 

2U.S. DOE Office of Industrial Technologies. 

United States Industrial Electric Motor Systems 

Market Opportunities Assessment. December 2002. 

3 International Energy Agency. Energy-Efficiency 

Policy Opportunities for Electric Motor-Driven 

Systems. Paris, 2011. 

4U.S. Census Bureau, MA335H(03)–1, issued Nov 

2004. 

pressure.1 Compressors typically have a 

specific ratio, the ratio of delivery 

pressure to supply pressure, greater than 

1.20. Compressors are classified as 

positive-displacement, dynamic, or 

hybrid. A positive-displacement 

compressor increases the pressure of the 

intake air pressure through a 

compression container. A dynamic 

compressor increases pressure of the air 

it intakes by continuously imparting 

velocity energy into the air flow, which 

is then converted into pressure energy. 

A hybrid compressor is some 

combination of positive-displacement 

and dynamic compressors. 

A compressor may have some or all of 

the following components: piston, 

roller, rotor(s), impeller wheel, spiral 

disks, cylinder(s), lubricant, motor and 

transmission, controls, treatment 

equipment (after cooler and lubricant 

cooler), filter(s), and/or a lubricant/air 

separator. 

DOE seeks feedback from interested 

parties on this definition for 

compressors. 

IV. Evaluation of Compressors as a 

Covered Equipment 

The following sections describe DOE’s 

evaluation of whether compressors 

fulfill the criteria for being added as 

covered equipment pursuant to 42 

U.S.C. 6311(2) and 42 U.S.C. 6312. 

Compressors are listed as a type of 

industrial equipment at 42 U.S.C. 

6311(2)(B)(i). 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 

Data from the 2002 United States 

Industrial Electric Motor Systems 

Market Opportunities Assessment 

estimate total annual industrial 

compressor energy use (from 

Manufacturing SIC codes 20–39) at 

91,050 million kWh per year.2 Since 

industrial activity in 2012 is greater 

than it was in 2002, it is likely that 

current annual compressor energy use is 

higher than this figure. 

B. Distribution in Commerce 

Compressors are distributed in 

commerce for both the industrial and 

commercial sectors. Based on the 2011 

International Energy Agency (IEA) 

Survey, DOE estimated that 1.3 million 

motors are shipped annually to drive 

compressors in the U.S. commercial and 

industrial sectors.3 Based on additional 

2004 U.S. Census data,4 DOE assumes 

that only a small fraction of these 

motors are used as a motor only 

replacement in compressor systems. 

Therefore, DOE estimates that there are 

nearly 1.3 million compressors 

distributed in commerce annually for 

industrial or commercial use. 

C. Prior Inclusion as a Covered Product 

Compressors are not currently 

included as covered products under 

Title 10 of the Code of Federal 

Regulations, part 430 (10 CFR part 430). 

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 

electric motors, pumps and certain other 

industrial equipment to conserve the 

energy resources of the nation. Coverage 

of compressors is necessary to carry out 

the purposes of part A–1 of EPCA 

because coverage will promote the 

conservation of energy supplies. 

Efficiency standards that may result 

from coverage would help to capture 

some portion of the potential for 

improving the efficiency of 

compressors. 

Based on the information in section 

IV of this notice, DOE proposes to 

determine that commercial and 

industrial compressors 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 compressors 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 

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 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. If adopted, today’s 

proposed determination would set no 

standards and would only positively 

determine that future standards may be 

warranted and should be explored in an 

energy conservation standards 

rulemaking. The proposed 

determination also does not establish 

any test procedures. If a positive 

determination is made, DOE would 

consider test procedures in a subsequent 

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 compressors 

meet the criteria for classification as 

covered equipment, will impose no new 

information or recordkeeping 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 76975 

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 compressors 

meet the criteria for classification as 

covered equipment. Environmental 

impacts would be explored in any 

future energy conservation standards 

rulemaking for compressors. 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 compressors 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 (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 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 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 Appropriations 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 the Office of Management and 

Budget (OMB). The OMB’s guidelines 


srobinson on DSK4SPTVN1PROD with 
76976 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Proposed Rules 

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 

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 compressors 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 (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 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 establish 

energy conservation standards for 

compressors. 

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 compressors 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 

encryption, and wherever possible 

comments should include the electronic 

signature of the author. No 

telefacsimiles (faxes) will be accepted. 

According to 10 CFR Part 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 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 

compressors: 

• Definition of compressors; 

• Whether classifying compressors as 

covered equipment is necessary to carry 

out the purposes of Part A–1 of EPCA; 

• Availability or lack of availability of 

technologies for improving the energy 

efficiency of compressors. 

DOE invites all interested parties to 

submit, in writing and by January 30, 

2013, comments and information on 

matters addressed in this notice and on 

other matters relevant to a 

determination for compressors. DOE is 

also interested in receiving views 

concerning other issues relevant to 

establishing a test procedure and energy 

conservation standard for compressors. 

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 determines that 

compressors qualify as covered 

equipment, DOE will consider a test 

procedure and energy conservation 

standards for compressors. 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 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Reporting and recordkeeping 

requirements. 

Issued in Washington, DC, on December 

21, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary, Energy Efficiency 

and Renewable Energy. 

[FR Doc. 2012–31393 Filed 12–28–12; 8:45 am] 

BILLING CODE 6450–01–P 


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