```

[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Proposed Rules]
[Pages 40403-40407]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15977]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Proposed 
Rules

[[Page 40403]]

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\ For editorial reasons, upon codification in the U.S. Code, 
Part B was re-designated Part A.
---------------------------------------------------------------------------

    (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

[[Page 40404]]

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.
---------------------------------------------------------------------------

    \2\ Transparency Media Research. Air Conditioning Systems 
Market--Global Scenario, Trends, Industry Analysis, Size, Share and 
Forecast, 2012-2018. January 2013.
---------------------------------------------------------------------------

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

[[Page 40405]]

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).
---------------------------------------------------------------------------

    \3\ See 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.
    \4\ Consumer Reports. Buying Advice: Portable Air Conditioners. 
http://news.consumerreports.org/home/2008/06/air-condition-1.html.
---------------------------------------------------------------------------

    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)

[[Page 40406]]

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 pre-dissemination review prior to issuance of this 
rulemaking.
    DOE will determine the appropriate level of review that would be 
applicable to any future rulemaking to establish energy conservation 
standards for 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

[[Page 40407]]

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
```