Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules 77019 

§ 1784.31 Exception authority. 

The Administrator may, in individual 

cases, make an exception to any 

requirement or provision of this part 

which is not inconsistent with the 

authorizing statute or other applicable 

law and is determined to be in the 

Government’s best interest. 

Additionally, in individual cases where 

a proposed project does not meet the 

definition of ‘‘Dire sanitation condition’’ 

in Section 1784.2, but an applicant is 

able to satisfactorily demonstrate to the 

Administrator of RUS that a water or 

sewer system is deficient and negatively 

impacts the health or safety of the 

community, the Administrator of RUS 

may consider funding under this Rule. 

§ 1784.32–34 [Reserved] 

Subpart E—Design Bidding, 

Contracting, Constructing, and 

Inspections 

§ 1784.35 General. 

This subpart is specifically designed 

for use by owners including the 

professional or technical consultants or 

agents who provide assistance and 

services such as engineering, 

environmental, inspection, financial, 

legal or other services related to 

planning, designing, bidding, 

contracting, and constructing water and 

waste disposal facilities. These 

procedures do not relieve the owner of 

the contractual obligations that arise 

from the procurement of these services. 

For this subpart, an owner is defined as 

an applicant, or grantee. For projects 

administered by eligible applicants 

identified in 1784.8(a)(2) or (3), 1784.36 

of this subpart will be followed. For 

eligible applicants identified in 

1784.8(a)(1), the requirements outlined 

in 1784.37 will be followed. 

§ 1784.36 Procurement by Applicants 

Eligible Under 1784.8(a)(2) and (3). 

(a) For applicants eligible under 

1784.8(a)(2) and (3), contracting and 

procurement activities will follow DEC 

or ANTHC policies, procedures and 

methods. DEC and ANTHC’s practices 

will be based on Uniform 

Administrative Requirements for federal 

grants and OMB requirements as 

defined by applicable OMB Circulars. 

Procurement procedures shall not 

restrict or eliminate open and free 

competition. In specifying materials, 

DEC and ANTHC will consider all 

materials normally suitable for the 

project based on sound engineering 

practices and project requirements. 

(b) Contracts for construction or 

repairs must contain the following 

provisions: 

(1) To include in all contracts for 

construction or repair a provision for 

compliance with the Copeland ‘‘AntiKick Back’’ Act (18 U.S.C. 874) as 

supplemented in Department of Labor 

regulations (29 CFR, Part 3). 

(2) To include in all contracts in 

excess of $100,000 a provision that the 

contractor agrees to comply with all the 

requirements of the Clean Air Act (42 

U.S.C. 7414) and Section 308 of the 

Water Pollution Control Act (33 U.S.C. 

1318) relating to inspection, monitoring, 

entry, reports, and information, as well 

as all other requirements specified in 

Section 114 of the Clean Air Act and 

Section 308 of the Water Pollution 

Control Act and all regulations and 

guidelines issued there under after the 

award of the contract. 

§ 1784.37 Procurement by Applicants 

Eligible Under 1784.8(a)(1). 

For grants proposed to be 

administered directly by applicants 

eligible under 1784.8(a)(1), the 

requirements outlined in § 1780 subpart 

C will be met by those eligible 

applicants with the exception of the 

following requirements: 

(a) Preliminary engineering reports 

and Environmental Reports (§ 1780.55). 

Refer to the requirements of this subpart 

and subpart C 1784.21(e)). 

(b) Metering devices in § 1780.57(m). 

(c) Utility Purchase Contracts in 

§ 1780.62. 

(d) Sewage treatment and bulk water 

sales contracts in § 1780.63. 

§ 1784.3 1784.99 [Reserved]. 

Dated: November 8, 2013. 

John Charles Padalino, 

Administrator, 

Rural Utilities Service. 

[FR Doc. 2013–30189 Filed 12–19–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2013–BT–NOA–0047] 

RIN 1904–AD08 

Energy Conservation Program: Energy 

Conservation Standards for Certain 

Consumer Products 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed rule; request for 

comment. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) 

proposes to adopt into the Code of 

Federal Regulations the definitions for 

‘‘through-the-wall central air 

conditioner’’ and ‘‘through-the-wall 

central air conditioning heat pump’’ that 

were established in section 5 of the 

American Energy Manufacturing 

Technical Corrections Act. This notice 

also proposes to remove the standards 

for air conditioners that were 

superseded effective in 2006, and the 

now defunct references to the ‘‘throughthe-wall air conditioner and heat pump’’ 

product class, including the definition 

and standards. 

DATES: DOE will accept comments, data, 

and information regarding this notice of 

proposed rulemaking (NOPR) received 

no later than January 21, 2014. 

ADDRESSES: Any comments submitted 

must identify the NOPR for the 

AEMTCA amendments and provide 

docket number EERE–2013–BT–NOA– 

0047 and/or Regulation Identification 

Number (RIN) 1904–AD08, by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

AEMTCATechAmend2013NOA0047@

ee.doe.gov. Include the docket number 

EERE–2013–BT–NOA–0047 and/or RIN 

1904–AD08 in the subject line of the 

message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

1000 Independence Avenue SW., 

Washington, DC 20585–0121. If 

possible, please submit all items on a 

compact disc (CD), in which case it is 

not necessary to include printed copies. 

[Please note that comments and CDs 

sent by mail are often delayed and may 

be damaged by mail screening 

processes.] 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Telephone (202) 

586–2945. If possible, please submit all 

items on CD, in which case it is not 

necessary to include printed copies. 

Docket: The docket is available for 

review at regulations.gov, including 

Federal Register notices, framework 

documents, public meeting attendee 

lists and transcripts, comments, and 

other supporting documents/materials. 

All documents in the docket are listed 

in the regulations.gov index. However, 

not all documents listed in the index 

may be publicly available, such as 

information that is exempt from public 

disclosure. 

FOR MORE INFORMATION CONTACT: Mr. 

Lucas Adin, U.S. Department of Energy, 


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77020 Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Proposed Rules 

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. 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC, 20585–0121, 202–287– 

1317, email: Lucas.Adin@ee.doe.gov. 

Jennifer Tiedeman, U.S. Department 

of Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6111. email: 

Jennifer.Tiedeman@hq.doe.gov. 

Table of Contents 

I. Background and Authority 

II. Discussion 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

IV. Approval of the Office of the Secretary 

I. Background and Authority 

The American Energy Manufacturing 

Technical Corrections Act (AEMTCA), 

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 C2 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. 

II. Discussion 

In today’s notice, DOE is proposing to 

amend the Code of Federal Regulations 

(CFR) to include the definitions for 

‘‘through-the-wall central air 

conditioner’’ and ‘‘through-the-wall 

central air conditioning heat pump’’ that 

were prescribed by the AEMTCA. 42 

U.S.C. 6295(d)(4)(A)(ii). DOE is 

proposing to amend the language of its 

regulations in 10 CFR 430.2 to adopt 

these statutory definitions. Although the 

definitions for ‘‘through-the-wall central 

air conditioner’’ and ‘‘through-the-wall 

central air conditioning heat pump’’ are 

new, these through-the-wall (‘‘TTW’’) 

products have been subject to standards 

since 2006. 

DOE is also proposing to remove a 

variety of provisions from 10 CFR 

430.32(c) that reference historical 

standards. Specifically, DOE is 

proposing to remove paragraph (c)(1) 

which contains standards for certain 

products manufactured between 1992/

1993 and 2006. DOE is also proposing 

to amend its regulations in 10 CFR 

430.32(c)(2) and (c)(3) to remove 

references to the ‘‘through-the-wall air 

conditioner and heat pump’’ product 

class, which applied to certain products 

manufactured prior to January 23, 2010. 

To avoid confusion with the new 

statutory definitions, DOE is also 

removing the ‘‘through-the-wall air 

conditioner and heat pump’’ product 

class definition currently in 10 CFR 

430.2. 

Although DOE is removing the 

outdated standards for the TTW product 

classes, DOE wants to be clear that the 

TTW products (for which this rule is 

adding definitions) are currently subject 

to standards. As discussed in a May 23, 

2002 final rule that adopted amended 

energy conservation standards for 

several classes of residential central air 

conditioners and heat pumps, DOE 

initially created a separate product class 

for TTW products. 67 FR 36368, 36397 

DOE explained that it was adopting 

separate and less stringent standards for 

TTW products based on its analysis of 

the design characteristics of these 

products. Id. However, DOE also 

identified a concern that lower 

standards for TTW products could 

encourage purchasers of equipment 

covered by higher standards to shift to 

TTW products, thus undermining the 

standards for other products. To address 

this concern, DOE limited the TTW 

product class to products manufactured 

prior to January 23, 2010, and specified 

that TTW products manufactured on or 

after that date would have to comply 

with the standard for other spaceconstrained products. 67 FR 36368, 

36402 

This provision was retained in the 

August 17, 2004 technical amendment 

that addressed the ruling of the U.S. 

Court of Appeals for the Second Circuit, 

which affected the standards for splitsystem and single-package central air 

conditioners but did not affect the 

standards for space-constrained and 

TTW products. 69 FR 50997, 50998 

Thus, the 2004 rule again specified that 

the TTW standards would expire on 

January 23, 2010 and that TTW products 

manufactured on or after that date 

would be subject to the spaceconstrained product class. The 2004 

rule also included a footnote to the 

standards table in 10 CFR 430.32(c)(2) to 

ensure that this limitation was clear. Id. 

Finally, in the June 27, 2011 direct final 

rule that amended the current energy 

efficiency standards for residential 

central air conditioners and heat pumps, 

DOE again affirmed the limited 

applicability of the TTW product class 

and amended the footnote to clarify the 

classification of TTW products. 76 FR 

37408, 37446 

DOE is proposing to remove the 

references to the now-defunct TTW 

product class standards; however, 

through-the-wall central air 

conditioners and through-the-wall 

central air conditioning heat pumps 

must be assigned to a product class 

based on the product’s characteristics. 

Product class definitions can be found 

in 10 CFR 430.2 and 10 CFR part 430, 

subpart B, appendix M. DOE believes 

that most, if not all, of the historicallycharacterized ‘‘through-the-wall’’ 

products will be assigned to one of the 

space-constrained product classes. 

III. Procedural Requirements 

A. Review Under Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866, 

Regulatory Planning and Review, 58 FR 

51735 (Oct. 4, 1993). Accordingly, this 

action was not subject to review under 

that 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.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 


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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. 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://

www.energy.gov/gc). 

DOE has reviewed the amendments 

proposed in today’s notice under the 

provisions of the Regulatory Flexibility 

Act and the procedures and policies 

published on February 19, 2003, and 

has tentatively concluded that the 

proposed rule, if adopted, will not have 

a significant impact on small 

manufacturers under the provisions of 

the Regulatory Flexibility Act. These 

amendments add new statutory 

definitions for currently regulated 

products and have no impact on the 

applicable standards. These 

amendments also remove outdated 

regulatory requirements and do not 

otherwise change the regulatory 

framework for consumer products or 

commercial and industrial equipment 

that is currently in place. Accordingly, 

DOE is certifying that, if adopted, the 

changes proposed in this notice would 

not have a significant economic impact 

on a substantial number of small entities 

and has not prepared a regulatory 

flexibility analysis. 

C. Review Under the Paperwork 

Reduction Act of 1995 

Manufacturers of residential central 

air conditioners and heat pumps must 

certify to DOE that their products 

comply with any applicable energy 

conservation standards. In certifying 

compliance, manufacturers must test 

their products according to the DOE test 

procedures for residential central air 

conditioners and heat pumps, including 

any amendments to these procedures. 

DOE has established regulations for the 

certification and recordkeeping 

requirements for all covered consumer 

products and commercial equipment, 

including residential central air 

conditioners and heat pumps. (76 FR 

12422 (March 7, 2011)) The collectionof-information requirement for the 

certification and recordkeeping is 

subject to review and approval by OMB 

under the Paperwork Reduction Act 

(PRA). This requirement has been 

approved by OMB under OMB control 

number 1910–1400. Public reporting 

burden for the certification is estimated 

to average 20 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

Notwithstanding any other provision 

of the law, no person is required to 

respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA, unless 

that collection of information displays a 

currently valid OMB Control Number. 

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,’’ 

imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. 64 FR 43255 (August 10, 

1999). 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 

that it will follow in developing such 

regulations. 65 FR 13735. DOE 

examined this proposed rule and 

determined that it will not have a 

substantial direct effect on the States, on 

the relationship between the national 

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 products that are the subject of 

today’s 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 

Regarding the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of 

Executive Order 12988, ‘‘Civil Justice 

Reform,’’ 61 FR 4729 (Feb. 7, 1996), 

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; (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 

Executive Order 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation specifies the following: (1) 

the preemptive effect, if any; (2) any 

effect on existing Federal law or 

regulation; (3) a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

the retroactive effect, if any; (5) 

definitions of key terms; and (6) other 

important issues affecting clarity and 

general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of Executive Order 

12988 requires Executive agencies to 

review regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether they are met or 

whether 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 

proposed 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) (Pub. L. 

104–4; 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 a regulatory action 

resulting 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 estimates of 

the resulting costs, benefits, and other 

effects on the national economy. (2 

U.S.C. 1532(a)–(b)) UMRA also requires 

a Federal agency to develop an effective 

process to permit timely input by 


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elected officers of State, local, and 

Tribal governments on a proposed 

‘‘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 such 

governments. On March 18, 1997, DOE 

published a statement of policy on its 

process for intergovernmental 

consultation under UMRA. 62 FR 

12820. (The policy is also available at 

www.energy.gov/gc). Today’s proposed 

rule contains neither an 

intergovernmental mandate nor a 

mandate that may result in an 

expenditure of $100 million or more in 

any year, so these requirements do not 

apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act, 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act, 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. 

Today’s proposed 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 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 

today’s proposed rule under 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 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 if the regulation is 

implemented, and of reasonable 

alternatives to the action and their 

expected benefits on energy supply, 

distribution, and use. Today’s proposed 

regulatory action is not a significant 

regulatory action under Executive Order 

12866. It has likewise not been 

designated as a significant energy action 

by the Administrator of OIRA. 

Moreover, it would not have a 

significant adverse effect on the supply, 

distribution, or use of energy. Therefore, 

it is not a significant energy action, and, 

accordingly, DOE has not prepared a 

Statement of Energy Effects. 

L. Review Under Section 32 of the 

Federal Energy Administration Act of 

1974 

Under section 301 of the DOE 

Organization Act (Pub. L. 95–91; 42 

U.S.C. 7101 et seq.), DOE must comply 

with section 32 of the Federal Energy 

Administration Act of 1974, as amended 

by the Federal Energy Administration 

Authorization Act of 1977 (FEAA). (15 

U.S.C. 788) Section 32 essentially 

provides in part that, where a rule 

authorizes or requires use of commercial 

standards, the rulemaking must inform 

the public of the use and background of 

such standards. In addition, section 

32(c) requires DOE to consult with the 

Attorney General and the Chairman of 

the Federal Trade Commission (FTC) 

concerning the impact of the 

commercial or industry standards on 

competition. 

The proposed modifications to 

regulatory definitions addressed by this 

action do not incorporate testing 

methods contained in any new 

commercial standards not already 

referenced by the test procedures. 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s proposed rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Energy conservation, 

Household appliances. 

Issued in Washington, DC, on November 

26, 2013. 

David Danielson, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons stated in the 

preamble, DOE proposes to amend part 

430 of chapter II, subchapter D, of title 

10, of the Code of Federal Regulations, 

as set forth below: 

PART 430—ENERGY CONSERVATION 

PROGRAM FOR CONSUMER 

PRODUCTS 

■ 1. The authority citation for part 430 

continues to read as follows: 

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

2461 note. 

■ 2. Section 430.2 is amended by 

removing the definition of ‘‘through-thewall air conditioner and heat pump’’ 

and by adding, in alphabetical order, 

definitions for ‘‘through-the-wall central 

air conditioner’’ and ‘‘through-the-wall 

central air conditioning heat pump’’ to 

read as follows: 

§ 430.2 Definitions. 

* * * * * 

Through-the-wall central air 

conditioner means a central air 

conditioner that is designed to be 

installed totally or partially within a 

fixed-size opening in an exterior wall, 

and: 

(1) Is not weatherized; 

(2) Is clearly and permanently marked 

for installation only through an exterior 

wall; 

(3) Has a rated cooling capacity no 

greater than 30,000 Btu/hr; 

(4) Exchanges all of its outdoor air 

across a single surface of the equipment 

cabinet; and 

(5) Has a combined outdoor air 

exchange area of less than 800 square 

inches (split systems) or less than 1,210 

square inches (single packaged systems) 

as measured on the surface described in 

paragraph (4) of this definition. 

Through-the-wall central air 

conditioning heat pump means a heat 

pump that is designed to be installed 

totally or partially within a fixed-size 

opening in an exterior wall, and: 

(1) Is not weatherized; 


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(2) Is clearly and permanently marked 

for installation only through an exterior 

wall; 

(3) Has a rated cooling capacity no 

greater than 30,000 Btu/hr; 

(4) Exchanges all of its outdoor air 

across a single surface of the equipment 

cabinet; and 

(5) Has a combined outdoor air 

exchange area of less than 800 square 

inches (split systems) or less than 1,210 

square inches (single packaged systems) 

as measured on the surface described in 

paragraph (4) of this definition. 

* * * * * 

■ 3. Section 430.32 is amended by 

■ a. Revising the introductory text to 

paragraph (c); 

■ b. Removing paragraph (c)(1); 

■ c. Redesignating paragraphs (c)(2) 

through (c)(6) as (c)(1) through (c)(5) 

respectively; 

■ d. Removing footnote 1 to the table in 

newly redesignated paragraph (c)(1); 

■ e. Removing rows (v)(A) and (v)(B) in 

the table in newly redesignated 

paragraph (c)(1); 

■ f. Redesignating row (vi) in the table 

in newly redesignated paragraph (c)(1) 

as row (v); 

■ g. Redesignating rows (vii)(A) and 

(vii)(B) in the table in newly 

redesignated paragraph (c)(1) as rows 

(vi)(A) and (vi)(B) respectively; and 

■ h. Removing footnote 1 to the table in 

newly redesignated paragraph (c)(2). 

The revision reads as follows: 

§ 430.32 Energy and water conservation 

standards and their compliance dates. 

* * * * * 

(c) Central air conditioners and heat 

pumps. The energy conservation 

standards defined in terms of the 

heating seasonal performance factor are 

based on Region IV, the minimum 

standardized design heating 

requirement, and the sampling plan 

stated in § 429.16 of this chapter. 

* * * * * 

[FR Doc. 2013–30175 Filed 12–19–13; 8:45 am] 

BILLING CODE 6450–01–PC 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2013–0993; Airspace 

Docket No. 13–ASW–28] 

Proposed Establishment of Class E 

Airspace; Tucumcari, NM 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

establish Class E airspace at the 

Tucumcari VHF Omni-Directional Radio 

Range Tactical Air Navigation Aid 

(VORTAC), Tucumcari, NM, to facilitate 

vectoring of Instrument Flight Rules 

(IFR) aircraft under control of 

Albuquerque Air Route Traffic Control 

Center (ARTCC). The FAA is proposing 

this action to enhance the safety and 

management of aircraft operations 

within the National Airspace System. 

DATES: Comments must be received on 

or before February 3, 2014. 

ADDRESSES: Send comments on this 

proposal to the U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone (202) 

366–9826. You must identify FAA 

Docket No. FAA–2013–0993; Airspace 

Docket No. 13–ASW–28, at the 

beginning of your comments. You may 

also submit comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA 

2013–0993 and Airspace Docket No. 13– 

ASW–28) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at 

http://www.regulations.gov. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to FAA 

Docket No. FAA–2013–0993 and 

Airspace Docket No. 13–ASW–28’’. The 

postcard will be date/time stamped and 

returned to the commenter. 

All communications received on or 

before the specified closing date for 

comments will be considered before 

taking action on the proposed rule. The 

proposal contained in this action may 

be changed in light of comments 

received. All comments submitted will 

be available for examination in the 

public docket both before and after the 

closing date for comments. A report 

summarizing each substantive public 

contact with FAA personnel concerned 

with this rulemaking will be filed in the 

docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://

www.faa.gov/airports_airtraffic/air_

traffic/publications/airspace_

amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for the address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except federal holidays. An informal 

docket may also be examined during 

normal business hours at the Northwest 

Mountain Regional Office of the Federal 

Aviation Administration, Air Traffic 

Organization, Western Service Center, 

Operations Support Group, 1601 Lind 

Avenue SW., Renton, WA 98057. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking, 

(202) 267–9677, for a copy of Advisory 

Circular No. 11–2A, Notice of Proposed 

Rulemaking Distribution System, which 

describes the application procedure. 

The Proposal 

The FAA is proposing an amendment 

to Title 14 Code of Federal Regulations 

(14 CFR) Part 71 by establishing Class E 

en route domestic airspace extending 

upward from 1,200 feet above the 

surface at the Tucumcari VORTAC 

navigation aid, Tucumcari, NM. This 

action would contain aircraft while in 

IFR conditions under control of 

Albuquerque ARTCC by vectoring 

aircraft from en route airspace to 

terminal areas. 

Class E airspace designations are 

published in paragraph 6006, of FAA 

Order 7400.9X, dated August 7, 2013, 

and effective September 15, 2013, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS