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

40403 

Vol. 78, No. 129 

Friday, July 5, 2013 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2013–BT–STD–0033] 

RIN 1904–AD02 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of Portable 

Air Conditioners as a Covered 

Consumer Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed determination of 

coverage. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) has 

determined tentatively that portable air 

conditioners (ACs) 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 portable ACs 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 portable ACs 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 5, 2013. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2013–BT–STD–0033, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: Brenda.Edwards@ee.doe.gov. 

Include EERE–2013–BT–STD–0033 and/ 

or RIN 1904–AD02 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 portable 

ACs, EERE–2013–BT–STD–0033 and/or 

RIN 1904–AD02, 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: 

Ronald Majette, 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) 586–7935. Email: 

portable_ACs@ee.doe.gov. 

In the Office of General Counsel, 

contact 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: 

Celia.Sher@hq.doe.gov. 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Proposed Definition 

IV. Evaluation of Portable ACs 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: 

(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 


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2Transparency Media Research. Air Conditioning 

Systems Market—Global Scenario, Trends, Industry 

Analysis, Size, Share and Forecast, 2012–2018. 

January 2013. 

3See Technical Support Document: Energy 

Efficiency Program for Consumer Products: 

Residential Clothes Dryers and Room Air 

Conditioner (Direct Final Rule), Washington, DC. 

April 2011. http://www.regulations.gov/ 

#!documentDetail;D=EERE-2007-BT-STD-0010- 

0053. 

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)). 

Portable ACs are movable units 

typically designed to provide 8,000– 

14,000 Btu/hr of cooling capacity for a 

single room. In contrast to room ACs, 

they are not permanently installed on 

the wall or in a window. 

If DOE issues a final determination 

that portable ACs are a covered product, 

DOE may prescribe test procedures and 

energy conservation standards for 

portable ACs. DOE will determine if 

portable ACs 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 

rulemaking for portable ACs. If, after 

public comment, DOE issues a final 

determination of coverage for this 

product, DOE may prescribe 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 portable ACs 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 

portable ACs. 

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 portable ACs 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 

portable ACs 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 portable ACs. 

III. Proposed Definition 

DOE proposes to add a definition for 

‘‘Portable Air Conditioners’’ 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 portable ACs. 

DOE has determined preliminarily that 

adding portable ACs as a covered 

product is justified. Accordingly, DOE 

proposes the following definition of 

portable ACs to consider test procedures 

and energy conservation standards for 

portable ACs and to provide clarity for 

interested parties as it continues its 

analyses: 

A consumer product, other than a 

‘‘packaged terminal air conditioner,’’ 

which is powered by a single phase 

electric current and which is an encased 

assembly designed as a portable unit 

that may rest on the floor or other 

elevated surface for the purpose of 

providing delivery of conditioned air to 

an enclosed space. It includes a prime 

source of refrigeration and may include 

a means for ventilating and heating. 

This proposed definition is mutually 

exclusive to the current definition for a 

room AC, which is ‘‘designed as a unit 

for mounting in a window or through 

the wall.’’ (10 CFR 430.2) DOE seeks 

feedback from interested parties on its 

proposed definition of portable ACs. 

IV. Evaluation of Portable ACs as a 

Covered Product Subject to Energy 

Conservation Standards 

The following sections describe DOE’s 

evaluation of whether portable ACs 

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 portable ACs 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 

portable ACs has been increasing as 

these units have become popular in 

recent years. There were an estimated 

973.7 thousand units shipped in North 

America in 2012, with a projected 

growth to 1743.7 thousand units by 

2018, representing nearly 80% growth 

in only 6 years.2 Coverage of portable 

ACs will enable the conservation of 

energy supplies through both labeling 

programs and the regulation of portable 

AC 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 portable ACs. 

B. Average Household Energy Use 

DOE calculated average household 

energy use for portable ACs, in 

households that use the product, based 

on a review of the current market and 

a comparison to room air conditioner 

energy use. Based on the available 

models from a number of large online 

retailers, the typical rated energy 

efficiency ratio (EER) of portable ACs is 

approximately 9.5, with a large available 

range (approximately 8.2–14.3). Typical 

cooling capacities range from 8,000– 

14,000 Btu/hr. Under the assumption 

that portable ACs have a very similar 

usage profile to window-mounted room 

ACs of a similar capacity, DOE 

estimated portable AC annual electricity 

usage using values developed for 

residential room ACs (8,000–13,999 

Btu/hr capacity).3 For a typical portable 

AC with EER 9.5, DOE estimated the 

average per-household annual 

electricity consumption to be 

approximately 650 kWh/yr (750 kWh/yr 

for EER 8.2, and 400 kWh/yr for EER 

14.3). Furthermore, one set of laboratory 


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4Consumer Reports. Buying Advice: Portable Air 

Conditioners. http://news.consumerreports.org/ 

home/2008/06/air-condition-1.html. 

tests 4 measured the cooling capacity of 

units to be half of manufacturers’ 

reported values, suggesting that in-field 

energy use is much larger than the rated 

value would imply. Therefore, DOE 

tentatively determines that the average 

annual per-household energy use for 

portable ACs is very likely to exceed 

100 kWh/yr, satisfying the provisions of 

42 U.S.C. 6292(b)(1). 

Based on the above, DOE has 

determined tentatively that portable 

ACs 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 portable ACs 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; 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 portable ACs 

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 

affected conduct while promoting 

simplification and burden reduction; (4) 


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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 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 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 portable ACs 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 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 

portable ACs. 

VI. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notice of 

proposed determination no later than 


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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 portable ACs 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 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 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 portable 

ACs: 

• Definition(s) of portable ACs; 

• Whether classifying portable ACs 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 portable ACs. 

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 portable ACs. The 

Department invites all interested parties 

to submit in writing by August 5, 2013, 

comments and information on matters 

addressed in this notice and on other 

matters relevant to consideration of a 

determination for portable ACs. 

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 portable ACs qualify as 

a covered product, DOE will consider a 

test procedure and energy conservation 

standards for portable ACs. 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 June 27, 

2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–15977 Filed 7–3–13; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 64 

[CG Docket Nos. 10–51 and 03–123; FCC 

13–82] 

Structure and Practices of the Video 

Relay Service Program: 

Telecommunications Relay Services 

and Speech-to-Speech Services for 

Individuals With Hearing and Speech 

Disabilities 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the 

Commission issues a further notice of 

proposed rulemaking (FNPRM) seeking 

comment on options and proposals to 

ensure that the entire 

telecommunications relay services 

(TRS) program continues to offer 

functional equivalence to all eligible 

users and is as immune as possible from 

any additional waste, fraud, and abuse. 

These proposals involve a transition 

plan to a market-based compensation 

methodology for VRS, funding 

mechanism for research and 

development, TRS Fund contribution 

calculations and reporting method, 

allowing hearing persons to purchase 

access to video point to point service, 

replacement of the current TRS 

Advisory Council, disaggregation of 

emergency calls to 911 and additional 

issues relating to restructure of the VRS 

program. The Commission continues to 

solicit input on ways to strengthen VRS 

to ensure its efficiency and that this 

service is being offered in a functionally 

equivalent manner. 

DATES: Comments are due on or before 

August 19, 2013, and reply comments 

on or before September 18, 2013. 

ADDRESSES: You may submit comments, 

identified by CG Docket Nos. 10–51 and 

03–123, by any of the following 

methods: 

Electronic Filers: Comments may be 

filed electronically using the Internet by 

accessing the Commission’s Electronic 

Comment Filing System (ECFS), through 

the Commission’s Web site http:// 

fjallfoss.fcc.gov/ecfs2/. Filers should 

follow the instructions provided on the 

Web site for submitting comments. For 

ECFS filers, in completing the 

transmittal screen, filers should include 

their full name, U.S. Postal service 

mailing address, and CG Docket Nos. 

10–51 and 03–123. 

• Paper filers: Parties who choose to 

file by paper must file an original and 

four copies of each filing. Filings can be 

sent by hand or messenger delivery, by 

commercial overnight courier, or by 

first-class or overnight U.S. Postal 

Service mail (although the Commission 

continues to experience delays in 

receiving U.S. Postal Service mail). All 

filings must be addressed to the 

Commission’s Secretary, Office of the 

Secretary, Federal Communications 

Commission. 

• All hand-delivered or messengerdelivered paper filings for the 

Commission’s Secretary must be 

delivered to FCC Headquarters at 445 

12th St. SW., Room TW–A325, 

Washington, DC 20554. All hand 

deliveries must be held together with 

rubber bands or fasteners. Any 

envelopes must be disposed of before 

entering the building. 

• Commercial Mail sent by overnight 

mail (other than U.S. Postal Service 

Express Mail and Priority Mail) must be 

sent to 9300 East Hampton Drive, 

Capitol Heights, MD 20743. 

• U.S. Postal Service first-class, 

Express, and Priority mail should be 


emcdonald on DSK67QTVN1PROD with PROPOSALS