62988 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated Part A. 

2For editorial reasons, upon codification in the 

U.S. Code, Part C was redesignated Part A–1. 

3All references to EPCA in this document refer 

to the statute as amended through the enactment of 

the AEMTCA. 

(b) ASTM. American Society for 

Testing and Materials International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959, (610) 

832–9585, or got to http://

www.astm.org. 

(1) ASTM Standard F2324–03 

(Reapproved 2009), (‘‘ASTM F2324–03 

(2009)’’), Standard Test Method for 

Prerinse Spray Valves, approved May 1, 

2009; IBR approved for § 431.264. 

(2) [Reserved]. 

■ 15. Section 431.264(b) is revised to 

read as follows: 

§ 431.264 Uniform test method for the 

measurement of flow rate for commercial 

prerinse spray valves. 

* * * * * 

(b) Testing and Calculations. The test 

procedure to determine the water 

consumption flow rate for prerinse 

spray valves, expressed in gallons per 

minute (gpm) or liters per minute (L/

min), shall be conducted in accordance 

with the test requirements specified in 

sections 4.1 and 4.2 (Summary of Test 

Method), 5.1 (Significance and Use), 6.1 

through 6.9 (Apparatus) except 6.5, 9.1 

through 9.5 (Preparation of Apparatus), 

and 10.1 through 10.2.5. (Procedure), 

and calculations in accordance with 

sections 11.1 through 11.3.2 

(Calculation and Report) of ASTM 

F2324–03 (2009), (incorporated by 

reference, see § 431.263). Perform only 

the procedures pertinent to the 

measurement of flow rate. Record 

measurements at the resolution of the 

test instrumentation. Round off 

calculations to the same number of 

significant digits as the previous step. 

Round the final water consumption 

value to one decimal place as follows: 

(1) A fractional number at or above 

the midpoint between two consecutive 

decimal places shall be rounded up to 

the higher of the two decimal places; or 

(2) A fractional number below the 

midpoint between two consecutive 

decimal places shall be rounded down 

to the lower of the two decimal places. 

[FR Doc. 2013–24347 Filed 10–22–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 430 and 431 

[Docket No: EERE–2013–BT–NOA–0047] 

RIN 1904–AD08 

Energy Conservation Program: Energy 

Conservation Standards for Certain 

Consumer Products and Commercial 

and Industrial Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The recently enacted 

American Energy Manufacturing 

Technical Corrections Act amended the 

Energy Policy and Conservation Act as 

to certain consumer products and 

commercial and industrial equipment. 

The amendments include new and 

revised energy conservation standards 

and definitions, as well as technical 

corrections, which the Department of 

Energy (DOE) is incorporating into its 

regulations in this technical 

amendment. DOE is also making 

additional limited changes to the 

language of its regulations, as 

necessitated by the statutory 

amendments. 

DATES: Effective October 23, 2013. The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of October 23, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Lucas Adin, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Office, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC, 20585–0121. 

Telephone: (202) 287–1317. Email: 

Lucas.Adin@ee.doe.gov. 

James Silvestro, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC, 20585–0121. 

Telephone: (202) 586–4224. Email: 

James.Silvestro@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Summary of This Action 

A. Walk-in Coolers and Walk-in Freezers 

B. Service Over the Counter Commercial 

Refrigeration Equipment 

C. Niche Residential Central Air 

Conditioners 

D. Lighting Products 

E. Preemption of State and Local Standards 

III. Final Action 

IV. Procedural Issues and Regulatory Review 

A. Review Under Executive Orders 12866 

and 13563 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Congressional Notification 

V. Approval of the Office of the Secretary 

I. Background 

The American Energy Manufacturing 

Technical Corrections Act (AEMTCA; 

H.R. 6582), Public Law 112–210, was 

signed into law on December 18, 2012. 

Among its provisions are amendments 

to Part B1 of Title III of the Energy 

Policy and Conservation Act of 1975 

(EPCA or ‘‘the Act’’) (42 U.S.C. 6291– 

6309, as codified), which provides for 

an energy conservation program for 

consumer products other than 

automobiles, and to Part C 2 of Title III 

of EPCA (42 U.S.C. 6311–6317, as 

codified), which provides for an energy 

conservation program for certain 

commercial and industrial equipment, 

similar to the one in Part B for consumer 

products.3 Some of the AEMTCA 

amendments to EPCA establish or 

modify certain energy conservation 

standards and related definitions, and 

make technical changes to the Act. 

Other AEMTCA amendments to EPCA 

prescribe criteria for the conduct of 

rulemakings to promulgate energy 

conservation standards for various 

consumer products and commercial and 

industrial equipment, or direct the 

Department of Energy (DOE) to 

undertake rulemakings under EPCA. 

By this action, DOE is including in 

the Code of Federal Regulations (CFR) 

the new and modified standards and 

definitions, and certain of the technical 

changes, prescribed by the AEMTCA. 

DOE is also making additional changes 

to the language of its regulations that are 

necessitated by certain statutory 

language contained in AEMTCA’s new 

and revised standards and definitions. 

This is a purely technical amendment, 

and at this time DOE is not exercising 


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Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62989 

any of the authority that Congress has 

provided in the AEMTCA for the 

Secretary of Energy to revise definitions 

and energy conservation standards. 

II. Summary of This Action 

A. Walk-in Coolers and Walk-in 

Freezers 

Walk-in coolers and walk-in freezers 

are two types of commercial equipment 

(hereinafter referred to collectively as 

‘‘walk-ins’’) that consist of a refrigerated 

storage space that an individual can 

walk into. See 10 CFR 431.302. DOE 

regulations currently provide, as 

required by EPCA, that walk-ins must 

contain wall, ceiling, and door 

insulation of R–25 for coolers and R–32 

for freezers, but that glazed doors and 

structural members of walk-ins are not 

subject to these requirements. (42 U.S.C. 

6313(f)(1)(C); 10 CFR 431.306(a)(3)) 

Section 2 of the AEMTCA added to 

EPCA a provision that the applicable 

walk-in insulation requirement will not 

apply to any walk-in component if its 

manufacturer demonstrates to the 

satisfaction of the Secretary of DOE that 

the component reduces energy 

consumption at least as much as if the 

insulation requirement were to apply. 

(42 U.S.C. 6313(f)(6)) This provision 

also states that, in support of any such 

demonstration, the manufacturer must 

provide all data and technical 

information necessary to evaluate its 

application. Id. 

In this rule, DOE has amended 10 CFR 

431.306(a)(3) to implement this new 

exception to the walk-in insulation 

requirements. The amendment makes 

clear, in accordance with the language 

that the AEMTCA added to EPCA, that 

the exception applies to a component 

only if the component manufacturer 

provides the data and technical 

information necessary to fully evaluate 

whether the component reduces energy 

consumption at least as much as if the 

insulation requirement were to apply. 

The amendment also states that any 

demonstration of such reduction in 

energy use must be made to the 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, who is the 

individual that the Secretary of DOE has 

delegated responsibility for 

implementing DOE’s energy 

conservation program for commercial 

and industrial equipment. 

B. Service Over the Counter Commercial 

Refrigeration Equipment 

Prior to the enactment of the 

AEMTCA, service over the counter 

commercial refrigeration equipment was 

not specifically defined or identified in 

EPCA. Service over the counter 

commercial refrigerators are a type of 

commercial refrigerator, see 42 U.S.C. 

6311(9) and 10 CFR 431.62, that display 

merchandise (usually food) to potential 

customers, serve as a counter, and from 

which sales personnel sell the products 

on display. Prior to the enactment of the 

AEMTCA, EPCA defined commercial 

refrigeration equipment such that the 

equipment was covered by DOE’s 

energy conservation standards, 

incorporated from EPCA, for 

commercial refrigerators with a selfcontained condensing unit and designed 

for holding temperature applications. 10 

CFR 431.66(b); 42 U.S.C. 6313(c)(2). 

Section 5 of the AEMTCA amended 

EPCA by adding to the Act a definition 

and new standards that apply 

specifically to service over the counter, 

self-contained, medium temperature 

commercial refrigerators. (42 U.S.C. 

6313(c)(1)(C); 6313(c)(4)) 

In this rule, DOE has incorporated 

into its regulations EPCA’s new 

denomination of the equipment as 

‘‘service over the counter, selfcontained, medium temperature 

commercial refrigerator’’ (‘‘SOC–SC– 

M’’), and the Act’s new definition for 

theis term. However, DOE also added to 

this definition to clarify that ‘‘medium 

temperature’’ means equal to or greater 

than 32 °F. This addition reflects DOE’s 

standard usage of the term ‘‘medium 

temperature’’ in its standards for 

commercial refrigeration equipment 

(CRE). 10 CFR 431.66(d)(1). 

This rule adopts the new standard 

that the AEMTCA prescribes for this 

SOC–SC–Ms and adds language to 10 

CFR 431.66(b) to make clear that the 

current standards for commercial 

refrigerators, set forth in 10 CFR 

431.66(b)(1), no longer apply to to 

service over the counter equipment. One 

element of the new standard applicable 

to SOC–SC–Ms is the ‘‘TDA’’ (total 

display area) of the equipment. (42 

U.S.C. 6313(c)(4)) The AEMTCA adds to 

EPCA a definition of TDA, as being the 

display area of the case as defined in 

AHRI Standard 1200. (42 U.S.C. 

6313(c)(1)(D)) Because Congress did not 

specify a version of the relevant 

industry standard (AHRI Standard 

1200), DOE is using its rulemaking 

authority to clarify this ambiguity by 

specifying the current version, which is 

AHRI Standard 1200–2010. Therefore, 

in conjunction with adopting the new 

standard, in this rule, DOE incorporates 

AHRI Standard 1200–2010 into the new 

EPCA definition of TDA that it also 

adopts. 

Finally, because TDA is an element of 

many of DOE’s existing CRE standards, 

the DOE regulations already contain the 

same definition for TDA that AEMTCA 

has added to EPCA, except that the 

existing DOE definition does not refer to 

the current version of AHRI 1200. 10 

CFR 431.66(a)(3). DOE intends to update 

this reference, and amend its rules to 

have a single definition of TDA, in a 

future final rule. In the meantime, in 

this rule, DOE is adding language to 10 

CFR 431.66(a)(3) to make clear that the 

definition of TDA in 10 CFR 

431.66(a)(3) does not apply to SOC–SC– 

Ms. 

C. Niche Residential Central Air 

Conditioners 

Small duct high velocity systems 

(SDHVs) and through-the-wall central 

air conditioners and heat pumps (TTWs) 

are residential central air conditioners 

and heat pumps (CACs) that are used for 

specialized applications and that have 

physical characteristics differentiating 

them from typical CACs. Prior to 

enactment of the AEMTCA, EPCA did 

not explicitly address either SDHVs or 

TTWs. 

Nonetheless, DOE created a separate 

product class and the current DOE 

definition for SDHVs. 67 FR 36368, 

36405–06 (May 23, 2002); 10 CFR 430.2. 

Also existing DOE regulations include 

energy conservation standards 

specifically for SDHVs in two tables that 

contain standards for all CACs—one 

table for products manufactured on and 

after January 23, 2006, and before 

January 1, 2015, and the other for units 

manufactured thereafter. 10 CFR 

430.32(c)(2)–(3). The SDHV standard 

levels in the two tables are the same (a 

seasonal energy efficiency ratio (SEER) 

of not less than 13 and a heating 

seasonal performance factor (HSPF) of 

not less than 7.7). However, DOE 

granted two of the principal SDHV 

manufacturers relief from these 

standards under section 504 of the 

Department of Energy Organization Act 

(42 U.S.C. 7194), allowing them to 

produce, prior to January 1, 2015, 

SDHVs that performed at or above 11 

SEER and 6.8 HSP. See, Department of 

Energy: Office of Hearings and Appeals, 

Decision and Order, Case #TEE 0010 

(2004) (available at: http://

www.oha.doe.gov/cases/ee/tee0010.pdf) 

(last accessed September 2010); 76 FR 

37408, 37514, 37541–42 (June 27, 2011). 

This grant of relief, however, will not 

apply to products that the designated 

manufacturers manufacture on or after 

January 1, 2015. 76 FR 37541–42. 

Section 5 of the AEMTCA added to 

EPCA a definition and standards 

specifically for SDHVs. (42 U.S.C. 

6295(d)(4)) The new EPCA definition 

(42 U.S.C. 6295(d)(4)(A)(i)) repeats 

verbatim the wording of DOE’s 

definition of SDHV, with one minor 


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62990 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

editorial change. In this rule, DOE 

incorporates this change into its 

definition of SDHV. EPCA’s new 

standards for SDHVs are for the same 

time periods as DOE’s existing SDHV 

standards and establish that SDHV units 

manufactured on or after January 23, 

2006 and before January 1, 2015, must 

perform at or above 11 SEER and 6.8 

HSP and SDHV units manufactured on 

January 1, 2015, and thereafter must 

perform at or above 12 SEER and 7.2 

HSP. In this rule, DOE has replaced its 

current standards for SDHVs with these 

new EPCA standards. 

As with SDHVs, DOE currently has in 

place a definition for TTWs. 10 CFR 

430.2 One of the criteria in the 

definition was that the product be 

‘‘manufactured prior to January 23, 

2010.’’ Id. The table in DOE’s 

regulations that has standards for CACs 

manufactured on and after January 23, 

2006 and prior to January 1, 2015, 

includes standards specifically for 

TTWs. 10 CFR 432.32(c)(2) But a 

footnote to the term ‘‘through-the-wall 

air conditioners and heat pumps’’ in 

section 430.32(c) states that the two 

TTW product classes (for split system 

and single package products) only 

applied to products manufactured prior 

to January 23, 2010, and that any unit 

manufactured after that date, and that 

would previously have been classified 

as a TTW, must be included within 

another CAC product class, depending 

on the TTW’s characteristics. Id. DOE 

further states in the footnote that it 

believes most units previously classified 

as TTWs would be assigned to one of 

the classes for ‘‘space-constrained’’ 

CACs. Id. An identical footnote also is 

appended to the table that sets forth the 

standards for CACs manufactured on or 

after January 1, 2015, but that table 

includes no standards specifically for 

TTWs. 10 CFR 432.32(c)(3) Thus DOE 

regulations contain no separate TTW 

classes for units manufactured 

beginning on January 23, 2010. Any unit 

manufactured on or after that date, and 

that previously would have been 

classified as a TTW, must be placed 

within one of the remaining CAC 

product classes, and must meet the 

standard(s) applicable to that class. 

Again similar to the situation with 

SDHVs, DOE created the TTW 

definition and product classes, and the 

energy conservation standards that 

applied specifically to TTWs. (67 FR 

36368, 36396, 36397, 36405–06 (May 

23, 2002)) The AEMTCA amendments to 

EPCA add to the Act a definition for 

TTWs, but address TTW standards only 

by directing DOE to ‘‘conduct 

subsequent rulemakings’’ for TTWs (and 

SDHVs) as part of ‘‘any rulemaking . . . 

to review and revise standards’’ for 

other CACs. (42 U.S.C. 6295(d)(4)(A)(ii) 

and (d)(4)(C)) The new EPCA definition 

deviates significantly from DOE’s 

existing TTW definition by eliminating 

the criterion that the product be 

manufactured prior to January 23, 2010, 

although it is otherwise identical to the 

DOE definition except for a few minor 

editorial changes. In this rule DOE is 

revising its definition for TTWs to 

conform to the new EPCA definition. 

D. Lighting Products 

EPCA prescribes, and DOE’s 

regulations incorporate, two sets of 

standards for general service 

incandescent lamps (GSIL): one for 

lamps with a modified spectrum and 

another for lamps without a modified 

spectrum. (42 U.S.C. 6295(i)(1)(A); 10 

CFR 430.32(x)(1)) Also, EPCA defines 

‘‘general service incandescent lamp,’’ 

(42 U.S.C. 6291(30)) and DOE’s existing 

regulations incorporated, with minor 

editorial changes, the definition that 

existed in EPCA prior to the enactment 

of the AEMTCA. (10 CFR 430.2) The 

DOE definition, and the pre-AEMTCA 

EPCA definition, define a GSIL as a 

lamp that ‘‘has a lumen range of not less 

than 310 lumens and not more than 

2,600 lumens.’’ Id. No other lumen 

range is specified in these definitions. 

Section 10(a)(6) of the AEMTCA amends 

EPCA by modifying the Act’s prior 

definition to add that a modified 

spectrum lamp can be a GSIL under 

EPCA only if its lumen range is ‘‘not 

less than 232 lumens and not more than 

1,950 lumens.’’ (42 U.S.C. 6291(30)) As 

stated in AEMTCA, this change is 

retroactive and should be applied as if 

it were included in the Energy and 

Infrastructure Security Act of 2007 

(EISA). (AEMTCA section 10(a)(13)) 

In this final rule, DOE has modified 

the regulatory definition of ‘‘general 

service incandescent lamp’’ to 

incorporate the language that the 

AEMTCA added to the EPCA definition 

of this term. The revised definition of 

GSIL reflects the fact that a modified 

spectrum GSIL will have a lower light 

output than a GSIL without a modified 

spectrum, assuming that all other 

characteristics of the lamps are the 

same. In addition, the change conforms 

the lumen range of modified spectrum 

GSILs covered by EPCA with the lumen 

range of such GSILs for which the Act 

prescribes standards. (See 42 U.S.C. 

6295(i)(1)(A); 10 CFR 430.32(x)(1)(B)) 

Another element of EPCA’s definition 

of ‘‘general service incandescent lamp’’ 

is that it excludes any lamp that is an 

‘‘appliance lamp,’’ as that term is 

defined in the Act. 42 U.S.C. 

6291(30)(D)(ii)(I), 6291(30)(T)); see also 

10 CFR 430.2. Thus, a lamp that 

otherwise would be a GSIL need not 

meet EPCA requirements for GSILs if it 

is an ‘‘appliance lamp.’’ DOE’s existing 

definition of ‘‘appliance lamp,’’ which 

is identical to the EPCA definition prior 

to enactment of the AEMTCA, includes 

the requirements that the lamp be ‘‘sold 

at retail’’ and that the lamp be labeled 

and marketed as an appliance lamp. 10 

CFR 430.2 Section 10(a)(7) of the 

AEMTCA revised this prior EPCA 

definition by eliminating the 

requirement that a lamp be sold at retail 

to be an ‘‘appliance lamp,’’ and by 

adding a provision that the packaging 

and marketing criteria apply only to 

those lamps that are sold at retail. In 

this final rule, DOE has incorporated 

these revisions into its definition of 

‘‘appliance lamp,’’ in conformance with 

the post-AEMTCA EPCA definition. As 

stated in AEMTCA, this change is 

retroactive and should be applied as if 

it were included in the Energy and 

Infrastructure Security Act of 2007 

(EISA). (AEMTCA section 10(a)(13)) 

Finally, DOE regulations, 

incorporating EPCA provisions, 

excluded specified types of fluorescent 

lamp ballasts from the current energy 

conservation standards for ballasts. 10 

CFR 430.32(m)(5)–(7). Among the 

excluded products were certain ballasts 

designed for use at ambient 

temperatures of 20 degrees F or less. 10 

CFR 430.32(m)(7). Section 10(b)(1) of 

the AEMTCA amended EPCA by adding 

the word ‘‘negative’’ to this exclusion as 

it appears in EPCA, (42 U.S.C. 

6295(g)(8)(C)), clarifying that the 

exclusion is intended to be for ballasts 

designed for use at ambient 

temperatures of negative 20 degrees F or 

less. Accordingly, in this final rule, DOE 

has made the same change to the 

language of this exclusion in its 

regulations at 10 CFR 430.32(m)(7). As 

stated in AEMTCA, this change is 

retroactive and should be applied as if 

it were included in the Energy Policy 

and Conservation Act of 2005. 

(AEMTCA section 10(b)(2)) 

E. Preemption of State and Local 

Standards 

EPCA preempts any requirements of 

State and local governments concerning 

the energy efficiency or energy use of 

products and equipment covered by the 

Act, with certain exceptions. See, e.g., 

42 U.S.C. 6297(a)(2), (b), and (c), and 

6316(a). Prior to the enactment of the 

AEMTCA, one exception in EPCA to the 

general rule of preemption permitted 

States other than California and Nevada 

to adopt or modify a state standard for 

general service lamps to conform with 

Federal standards, and DOE 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62991 

incorporated this provision into its 

regulations. 10 CFR 430.33(b)(3). 

Section 10(a)(9) of the AEMTCA amends 

EPCA by removing this provision, and 

in this final rule DOE likewise amends 

section 430.33(b) to remove this 

exception to general service lamp 

standard preemption. 

The AEMTCA, in section 10(a)(5)(C), 

also amends EPCA by adding a new 

provision concerning preemption as to 

commercial or industrial equipment that 

EPCA does not list as ‘‘covered 

equipment’’ but that DOE classifies as 

covered under the Act. 42 U.S.C. 

6316(a)(10). DOE addresses preemption 

of state regulations for ‘‘covered 

equipment,’’ other than electric motors 

and heating, ventilating, air 

conditioning, and water heating 

equipment, in 10 CFR 431.408. This 

section includes references to the EPCA 

provisions that contain exceptions to 

the general rule of preemption. In this 

final rule, DOE amends this section to 

add a reference to the new EPCA 

provision concerning preemption, as set 

forth at 42 U.S.C 6316(a)(10). 

III. Final Action 

DOE has determined, pursuant to 5 

U.S.C. 553(b)(B), that prior notice and 

an opportunity for public comment on 

this final rule are unnecessary. DOE is 

merely placing in the CFR new and 

revised energy conservation standards 

and definitions for certain consumer 

products and commercial and industrial 

equipment, as well as technical 

corrections, prescribed by the Congress 

in the AEMTCA and making other 

limited revisions to its regulations as 

necessitated by the new and revised 

statutory requirements. DOE is not 

exercising any of the discretionary 

authority that the Congress has provided 

to the Secretary of Energy in the 

AEMTCA. DOE, therefore, finds that 

good cause exists to waive prior notice 

and an opportunity to comment for this 

rulemaking. For the same reasons, DOE, 

pursuant to 5 U.S.C. 553(d)(3), finds that 

good cause exists for making this final 

rule effective upon publication in the 

Federal Register. 

IV. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Orders 

12866 and 13563 

This final rule is not a ‘‘significant 

regulatory action’’ under section 3(f)(1) 

of Executive Order 12866 and the 

principles reaffirmed in Executive Order 

13563. Accordingly, this action was 

neither subject to review by the Office 

of Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB) nor public notice and 

comment. 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) 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 rule, if 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities. As required by 

Executive Order 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 

impacts of its rules on small entities are 

properly considered during the 

rulemaking process. 68 FR 7990. DOE 

has made its procedures and policies 

available on the Office of the General 

Counsel’s Web site (http://energy.gov/

gc/office-general-counsel). DOE today is 

revising the Code of Federal Regulations 

to incorporate and implement, without 

substantive change, new and revised 

energy conservation standards and 

definitions, as well as technical 

corrections, prescribed by the American 

Energy Manufacturing Technical 

Corrections Act as amendments to the 

Energy Policy and Conservation Act. 

Because this is a technical amendment 

for which a general notice of proposed 

rulemaking is not required, the 

analytical requirements of the 

Regulatory Flexibility Act do not apply 

to this rulemaking. 

C. Review Under the Paperwork 

Reduction Act 

This rulemaking imposes no new 

information or record keeping 

requirements. Accordingly, Office of 

Management and Budget 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 

Pursuant to the National 

Environmental Policy Act of 1969, DOE 

has determined that this rule is covered 

under the Categorical Exclusion found 

in DOE’s National Environmental Policy 

Act regulations at paragraph A.6 of 

Appendix A to Subpart D, 10 CFR Part 

1021, which applies to rulemakings that 

are strictly procedural. Therefore, DOE 

does not need to prepare an 

Environmental Assessment or 

Environmental Impact Statement for 

this rule. 

E. Review Under Executive Order 13132 

Executive Order 13132, ‘‘Federalism,’’ 

64 FR 43255 (Aug. 10, 1999) imposes 

certain requirements on Federal 

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 carefully assess 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 the 

development of regulatory policies that 

have Federalism implications. On 

March 14, 2000, DOE published a 

statement of policy describing the 

intergovernmental consultation process 

it will follow in the development of 

such regulations. 65 FR 13735. EPCA 

governs and prescribes Federal 

preemption of State regulations as to 

energy conservation for the products 

that are the subject of this final rule. 

States can petition DOE for exemption 

from such preemption to the extent, and 

based on criteria, set forth in EPCA. (42 

U.S.C. 6297) No further action is 

required by Executive Order 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 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ imposes on Federal agencies 

the general duty to adhere to the 

following requirements: (1) Eliminate 

drafting errors and ambiguity; (2) write 

regulations to minimize litigation; and 

(3) provide a clear legal standard for 

affected conduct rather than a general 

standard and promote simplification 

and burden reduction. 61 FR 4729 (Feb. 

7, 1996). Section 3(b) of Executive Order 

12988 specifically requires that 

Executive agencies make every 

reasonable effort to ensure that the 

regulation: (1) Clearly specifies the 

preemptive effect, if any; (2) clearly 

specifies any effect on existing Federal 

law or regulation; (3) provides a clear 

legal standard for affected conduct 

while promoting simplification and 

burden reduction; (4) specifies the 

retroactive effect, if any; (5) adequately 

defines key terms; and (6) addresses 

other important issues affecting clarity 

and general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 


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62992 Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 

standards in section 3(a) and section 

3(b) to determine whether they are met 

or it is unreasonable to meet one or 

more of them. DOE has completed the 

required review and determined that, to 

the extent permitted by law, this final 

rule meets the relevant standards of 

Executive Order 12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) requires 

each Federal agency to assess the effects 

of Federal regulatory actions on State, 

local, and Tribal governments and the 

private sector. Pub. L. 104–4, sec. 201 

(codified at 2 U.S.C. 1531). For a 

proposed regulatory action likely to 

result in a rule that may cause the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector of $100 million or more 

in any one 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), (b)) 

The UMRA also requires a Federal 

agency to develop an effective process 

to permit timely input by elected 

officers of State, local, and Tribal 

governments on a ‘‘significant 

intergovernmental mandate,’’ and 

requires an agency plan for giving notice 

and opportunity for timely input to 

potentially affected small governments 

before establishing any requirements 

that might significantly or uniquely 

affect small governments. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820. DOE’s policy 

statement is also available at http://

energy.gov/gc/office-general-counsel. 

This final rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in the 

expenditure of $100 million or more in 

any year, so the Unfunded Mandates 

Reform Act does not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

rule 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 

DOE has determined, under Executive 

Order 12630, ‘‘Governmental Actions 

and Interference with Constitutionally 

Protected Property Rights,’’ 53 FR 8859 

(March 18, 1988), that this regulation 

would not result in any takings that 

might require compensation under the 

Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act, 2001 

Section 515 of the Treasury and 

General Government Appropriations 

Act, 2001 (44 U.S.C. 3516, note) 

provides for Federal agencies to review 

most disseminations of information to 

the public under guidelines established 

by each agency pursuant to general 

guidelines issued by OMB. OMB’s 

guidelines were published at 67 FR 

8452 (Feb. 22, 2002), and DOE’s 

guidelines were published at 67 FR 

62446 (Oct. 7, 2002). DOE has reviewed 

this final rule 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 

Executive Order 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 OIRA at OMB, a 

Statement of Energy Effects for any 

significant energy action. A ‘‘significant 

energy action’’ is defined as any action 

by an agency that promulgates or is 

expected to lead to promulgation of a 

final rule, and that: (1) Is a significant 

regulatory action under Executive Order 

12866, or any successor order; and (2) 

is likely to have a significant adverse 

effect on the supply, distribution, or use 

of energy, or (3) is designated by the 

Administrator of OIRA as a significant 

energy action. For any significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use 

should the proposal be implemented, 

and of reasonable alternatives to the 

action and their expected benefits on 

energy supply, distribution, and use. 

DOE has concluded that this 

regulatory action is not a significant 

energy action because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy, 

nor has it been designated as such by 

the Administrator at OIRA. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects on the final rule. 

L. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of this rule prior to its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final rule. 

List of Subjects 

10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Imports, 

Intergovernmental relations, Small 

businesses. 

10 CFR Part 431 

Administrative practice and 

procedure, Energy conservation, 

Commercial products, Incorporation by 

reference. 

Issued in Washington, DC, on September 

30, 2013. 

David T. Danielson, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, DOE hereby amends parts 430 

and 431 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. Section 430.2 is amended by: 

■ a. Revising paragraph (1) and the 

introductory text of paragraph (2) in the 

definition of ‘‘appliance lamp’’; 

■ b. Revising the introductory text in the 

definition of ‘‘general service 

incandescent lamp’’; and 

■ c. Removing the word ‘‘which’’ and 

adding in its place, the word ‘‘that’’ in 

paragraph (2) of the definition of ‘‘small 

duct, high velocity system.’’ 

The revisions read as follows: 

§ 430.2 Definitions. 

* * * * * 

Appliance lamp * * * 

(1) Is specifically designed to operate 

in a household appliance and has a 

maximum wattage of 40 watts 

(including an oven lamp, refrigerator 

lamp, and vacuum cleaner lamp); and 


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Federal Register / Vol. 78, No. 205 / Wednesday, October 23, 2013 / Rules and Regulations 62993 

(2) When sold at retail, is designated 

and marketed for the intended 

application, with 

* * * * * 

General service incandescent lamp 

means a standard incandescent or 

halogen type lamp that is intended for 

general service applications; has a 

medium screw base; has a lumen range 

of not less than 310 lumens and not 

more than 2,600 lumens or, in the case 

of a modified spectrum lamp, not less 

than 232 lumens and not more than 

1,950 lumens; and is capable of being 

operated at a voltage range at least 

partially within 110 and 130 volts; 

however this definition does not apply 

to the following incandescent lamps— 

* * * * * 

§ 430.31 [Amended] 

■ 3. Section 430.31 is amended by 

removing the second sentence. 

§ 430.33 [Amended] 

■ 4. Section 430.33 is amended by: 

■ a. Adding ‘‘and’’ at the end of 

paragraph (b)(1); 

■ b. Removing ‘‘; and’’ and adding in its 

place a period at the end of paragraph 

(b)(2); and 

■ c. Removing paragraph (b)(3). 

PART 431—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 5. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 6. Section 431.62 is amended by 

adding in alphabetical order a definition 

of ‘‘service over the counter, selfcontained, medium temperature 

commercial refrigerator’’ or ‘‘SOC–SC– 

M’’ to read as follows: 

§ 431.62 Definitions concerning 

commercial refrigerators, freezers and 

refrigerator-freezers. 

* * * * * 

Service over the counter, selfcontained, medium temperature 

commercial refrigerator or SOC–SC–M 

means a commercial refrigerator— 

(1) That operates at temperatures at or 

above 32 °F; 

(2) With a self-contained condensing 

unit; 

(3) Equipped with sliding or hinged 

doors in the back intended for use by 

sales personnel, and with glass or other 

transparent material in the front for 

displaying merchandise; and 

(4) That has a height not greater than 

66 inches and is intended to serve as a 

counter for transactions between sales 

personnel and customers. 

* * * * * 

§ 431.63 [Amended] 

■ 7. Section 431.63 is amended, in 

paragraph (c)(2), by removing 

‘‘§ 431.64.’’, and adding in its place 

‘‘§§ 431.64 and 431.66.’’. 

■ 8. Section 431.66 is amended by: 

■ a. Revising paragraph (a)(3); 

■ b. Adding in paragraph (b) the 

designation ‘‘(1)’’ immediately after 

‘‘(b)’’ and revising newly designated 

paragraph (b)(1) introductory text; and 

■ c. Adding paragraph (b)(2). 

The revision and additions read as 

follows: 

§ 431.66 Energy conservation standards 

and their effective dates. 

(a) * * * 

(3) Except as to service over the 

counter, self-contained, medium 

temperature commercial refrigerators 

manufactured on or after January 1, 

2012, the term ‘‘TDA’’ means the total 

display area (ft2) of the case, as defined 

in the ARI Standard 1200–2006, 

appendix D (incorporated by reference, 

see § 431.63). 

(b)(1) Except for service over the 

counter, self-contained, medium 

temperature commercial refrigerators 

manufactured on or after January 1, 

2012, each commercial refrigerator, 

freezer and refrigerator-freezer with a 

self-contained condensing unit designed 

for holding temperature applications 

manufactured on or after January 1, 

2010, shall have a daily energy 

consumption (in kilowatt hours per day) 

that does not exceed the following: 

* * * * * 

(2) Each service over the counter, selfcontained, medium temperature 

commercial refrigerator (SOC–SC–M) 

manufactured on or after January 1, 

2012, shall have a total daily energy 

consumption (in kilowatt hours per day) 

of not more than 0.6 × TDA + 1.0. As 

used in the preceding sentence, ‘‘TDA’’ 

means the total display area (ft2) of the 

case, as defined in the AHRI Standard 

1200 (I–P)–2010, appendix D 

(incorporated by reference, see 

§ 431.63). 

* * * * * 

■ 9. Section 431.306 is amended by 

revising paragraph (a)(3) to read as 

follows: 

§ 431.306 Energy conservation standards 

and their effective dates. 

(a) * * * 

(3) Contain wall, ceiling, and door 

insulation of at least R–25 for coolers 

and R–32 for freezers, except that this 

paragraph shall not apply to— 

(i) Glazed portions of doors or 

structural members, or 

(ii) A wall, ceiling or door if the 

manufacturer of that component has 

provided to the Assistant Secretary for 

Energy Efficiency and Renewable 

Energy all data and technical 

information necessary to fully evaluate 

whether the component reduces energy 

consumption at least as much as if this 

paragraph were to apply, and has 

demonstrated to the satisfaction of the 

Assistant Secretary that the component 

achieves such a reduction in energy 

consumption; 

* * * * * 

§ 431.408 [Amended] 

■ 10. Section 431.408 is amended by 

adding, in the second sentence, 

‘‘(a)(10),’’ immediately after ‘‘345’’ and 

before ‘‘(e).’’ 

[FR Doc. 2013–24353 Filed 10–22–13; 8:45 am] 

BILLING CODE 6450–01–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Parts 1024 and 1026 

[Docket No. CFPB–2013–0031] 

RIN 3170–AA37 

Amendments to the 2013 Mortgage 

Rules Under the Real Estate 

Settlement Procedures Act (Regulation 

X) and the Truth in Lending Act 

(Regulation Z) 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Interim final rule with request 

for public comment. 

SUMMARY: This rule amends provisions 

in Regulation Z and final rules issued by 

the Bureau of Consumer Financial 

Protection (Bureau) in 2013, which, 

among other things, required that 

consumers receive counseling before 

obtaining high-cost mortgages and that 

servicers provide periodic account 

statements and rate adjustment notices 

to mortgage borrowers, as well as engage 

in early intervention when borrowers 

become delinquent. The amendments 

clarify the specific disclosures that must 

be provided before counseling for highcost mortgages can occur, and proper 

compliance regarding servicing 

requirements when a consumer is in 

bankruptcy or sends a cease 

communication request under the Fair 

Debt Collection Practices Act. The rule 

also makes technical corrections to 

provisions of other rules. The Bureau 

requests public comment on these 

changes. 

DATES: This interim final rule is 

effective January 10, 2014. Comments 

must be received on or before November 

22, 2013. 


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