Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10035 

guidance, this part applies to any 

contract, regardless of tier, that is 

awarded by a contractor, subcontractor, 

supplier, consultant, or its agent or 

representative in any transaction, if the 

contract is to be funded or provided by 

the DOS under a covered 

nonprocurement transaction and the 

amount of the contract is expected to 

equal or exceed $25,000. This extends 

the coverage of the DOS 

nonprocurement suspension and 

debarment requirements to all lower 

tiers of subcontracts under covered 

nonprocurement transactions, as 

permitted under the OMB guidance at 2 

CFR 180.220(c) (see optional lower tier 

coverage in the figure in the appendix 

to 2 CFR part 180). 

Subpart C—Responsibilities of 

Participants Regarding Transactions 

§ 601.332 What methods must I use to 

pass requirements down to participants at 

lower tiers with whom I intend to do 

business? 

You, as a participant, must include a 

term or condition in lower-tier 

transactions requiring lower-tier 

participants to comply with subpart C of 

the OMB guidance in 2 CFR part 180, 

as supplemented by this subpart. 

Subpart D—Responsibilities of Federal 

Agency Officials Regarding 

Transactions 

§ 601.437 What method do I use to 

communicate to a participant the 

requirements described in the OMB 

guidance at 2 CFR 180.435? 

To communicate to a participant the 

requirements described in 2 CFR 

180.435 of the OMB guidance, you must 

include a term or condition in the 

transaction that requires the 

participant’s compliance with subpart C 

of 2 CFR part 180, as supplemented by 

subpart C of this part, and requires the 

participant to include a similar term or 

condition in lower-tier covered 

transactions. 

Subpart E Through H [Reserved] 

Subpart I—Definitions 

§ 601.930 Debarring official (Department of 

State supplement to government-wide 

definition at 2 CFR 180.930). 

The Debarring Official for the 

Department of State is the Procurement 

Executive, Office of the Procurement 

Executive (A/OPE). 

§ 601.1010 Suspending official 

(Department of Energy supplement to 

government-wide definition at 2 CFR 

180.1010). 

The Debarring Official for the 

Department of State is the Procurement 

Executive, Office of the Procurement 

Executive (A/OPE). 

Subpart J [Reserved] 

Title 22—Foreign Relations 

Chapter I—Department of State 

PART 133—[AMENDED] 

■ 2. The authority citation for part 133 

continues to read as follows: 

Authority: 22 U.S.C. 2658; 41 U.S.C. 701, 

et seq. 

§ 133.510 [Amended] 

■ 3. Section 133.510, paragraph (c) is 

amended by revising the citation, ‘‘22 

CFR part 137’’ to read: ‘‘2 CFR Part 

601.’’

PART 137 [Removed] 

■ 4. Part 137 is removed. 

PART 145 [Amended] 

■ 5. The authority citation for part 145 

continues to read as follows: 

Authority: 22 U.S.C. 2658.1; OMB Circular 

A–110 (64 FR 54926, October 8, 1999). 

§ 145.13 [Amended] 

■ 4. Section 145.13 is amended by 

revising the citation, ‘‘22 CFR part 137’’

to read, ‘‘2 CFR 601.’’

§ 145.44 [Amended] 

■ 5. Section 145.44 is amended by 

revising the citation, ‘‘22 CFR part 137’’

to read, ‘‘2 CFR 601.’’

§ 145.62 [Amended] 

■ 6. Section 145.62 paragraph (d) is 

amended by revising the citation, ‘‘22 

CFR part 137’’ to read, ‘‘2 CFR 601.’’

Appendix A to Part 145 [Amended] 

■ 7. Appendix A to part 145 is amended 

by revising the second sentence of 

paragraph (8) to read, ‘‘No contract shall 

be made to parties listed on the General 

Services Administration’s Excluded 

Parties List System (http:// 

www.epls.gov) from Federal 

Procurement or Nonprocurement 

Programs in accordance with Executive 

Orders 12549 and 12689, ‘Debarment 

and Suspension.’ ’’

Dated: February 26, 2007. 

Georgia Hubert, 

Director, Office of the Procurement Executive, 

Federal Assistance Division, Department of 

State. 

[FR Doc. E7–3872 Filed 3–6–07; 8:45 am] 

BILLING CODE 4710–24–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 52 

[Docket # AMS–FV–07–0025; FV–05–379] 

RIN 0581–AC56 

Processed Fruits and Vegetables 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the 

regulations governing inspection and 

certification for processed fruits, 

vegetables, and processed products by 

increasing the fees charged for these 

products by 19 to 26 percent. 

Furthermore, it revises the regulations 

so applicants entering into an in-plant 

inspection contract with the 

Agricultural Marketing Service (AMS) 

will incur the costs for the plant survey 

and sanitation inspection. Finally, the 

revision provides that applicants 

entering into a year-round inspection 

contract, less than year-round (four or 

more consecutive 40 hour weeks) 

contract, or lot inspection will incur 

costs for Sunday differential when an 

employee works on Sunday. Also 

affected are the fees charged to persons 

required to have inspections on 

imported commodities in accordance 

with the Agricultural Marketing 

Agreement Act of 1937. In addition, 

various editorial changes are being 

made to enhance clarity. These 

revisions are necessary in order to 

recover, as nearly as practicable, the 

costs of performing inspection services 

under the Agricultural Marketing Act of 

1946 and to ensure the program’s 

financial stability. 

DATES: Effective April 6, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Terry B. Bane at the Office of the Branch 

Chief, Processed Products Branch, Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, U.S. Department of 

Agriculture, STOP 0247, Washington, 

DC 20250–0247, telephone, (202) 720–

4693, or e-mail Terry.Bane@usda.gov. 

SUPPLEMENTARY INFORMATION: 


sroberts on PROD1PC70 with RULES
10036 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

1Section 8e of the Agricultural Marketing 

Agreement Act of 1937, as amended (7 U.S.C. 601–

604), requires that whenever the Secretary of 

Agriculture issues grade, size, quality or maturity 

regulations under domestic marketing orders for 

certain commodities, the same or comparable 

regulations on imports of those commodities must 

be issued. Import regulations apply only during 

those periods when domestic marketing order 

regulations are in effect. Currently, there are 4 

processed commodities subject to 8e import 

regulations: Canned ripe olives, dates, prunes, and 

processed raisins. A current listing of the regulated 

commodities can be found in 7 CFR Parts 944 and 

999. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget. 

Also, pursuant to the requirements of 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. AMS 

regularly reviews its user fee financed 

programs to determine if the fees are 

adequate. The Agency has and will 

continue to identify and implement 

appropriate changes to reduce its costs. 

Such actions can reduce the need for fee 

increases. The processed fruit and 

vegetable grading and inspection service 

administers a number of user fee 

programs with established fee schedules 

to offset the cost of the service. The fee 

schedule for the subject lot, year-round, 

and less than year-round processed fruit 

and vegetable inspection programs was 

last revised on October 30, 2003 (68 FR 

61733). However, even with cost control 

efforts, the existing fee schedule for 

these programs will not generate 

sufficient revenues to cover costs and 

sustain an adequate reserve balance, 4 

months of costs, as called for by Agency 

policy (AMS Directive 408.1). 

At the start of Fiscal Year (FY) 2006, 

the processed fruit and vegetable 

grading and inspection service had a 

reserve balance of $8 million, of which, 

the lot, year-round, and less than yearround programs accounted for $3.4 

million. AMS projects that the costs for 

the services covered by this final rule 

will rise from $15 million in FY 2005 to 

$15.4 million in FY 2006. Revenues for 

FY 2006 are projected to be at $15.0 

million. The increase in costs is 

primarily a result of rising employee 

salaries and benefits. For example, since 

the last fee schedule change, employees 

have received a 3.1 and 3.4 percent pay 

increase effective January 2005 and 

January 2006, respectively. 

For FY 2006, the end-of-year reserve 

balance will decline from $3.4 million 

to $3.0 million, and the months of 

reserve will fall from 2.6 months to 2.4 

months. For FY 2007, without a fee 

increase, the end-of-year reserve balance 

would be $2.5 million; the months of 

reserve will be 1.9; with the projected 

costs of $15.8 million and revenues of 

$15.3 million. 

With the fee increase, these services 

will generate sufficient revenue so that 

by the end of FY 2007, the reserve 

balance will be $5.3 million and 4.0 

months. AMS will perform fee analyses 

to determine if further fee adjustments 

in FY 2007 are necessary to maintain an 

adequate reserve and ensure fiscal 

stability. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

The first action increases user fee 

revenue generated under the lot 

inspection program and the year-round 

and less than year-round inspection 

programs by an estimated $1.5 million 

in FY 2007. The second action will 

recoup the cost for a plant survey and 

sanitation inspection performed in 

plants entering into an in-plant 

inspection contract with AMS. 

Currently, fees that are charged for a 

plant survey and sanitation inspection 

under § 52.48 are credited back to plants 

entering into an in-plant inspection 

contract with AMS within 60 days of 

the survey. There are presently 239 

plants with an in-plant inspection 

contract not being charged for the plant 

survey and sanitation inspection. Billing 

for the plant survey and sanitation 

inspection will increase user fee 

revenue generated under the year-round 

and less than year-round inspection 

programs by approximately $143,000 

annually. The third action will recoup 

the cost for Sunday differential when an 

employee works on Sunday for plants 

entering into a year-round in-plant 

contract, entering into a less than yearround in-plant (four or more 

consecutive 40 hour weeks) contract, 

and not under contract. During calendar 

year 2004, there were 3,562 Sunday 

differential hours not charged at 

premium rate to applicants. Billing 

applicants for Sunday differential will 

increase user fee revenue generated 

under the lot inspection program, the 

year-round inspection program, and the 

less than year-round inspection program 

by approximately $35,000 annually. The 

forth action will change the word 

‘‘approvement’’ to ‘‘approved’’ in § 52.2, 

Inspection Services; types of, paragraph 

(d) Pack certification. 

These actions are authorized under 

the AMA of 1946 [7 U.S.C. 1622(h)] 

which provides that the Secretary of 

Agriculture assess and collect ‘‘such 

fees as will be reasonable and as nearly 

as may be to cover the costs of services 

rendered * * *’’

There are more than 1,250 users of 

Processed Products Branch’s lot, yearround, and less than year-round 

inspection services (including 

applicants who must meet import 

requirements,1 inspections which 

amount to under two percent of all lot 

inspections performed). A small portion 

of these users are small entities under 

the criteria established by the Small 

Business Administration (13 CFR 

121.201). 

There are no additional reporting, 

recordkeeping, or other compliance 

requirements imposed upon small 

entities as a result of this rule. AMS has 

not identified any other federal rules 

which may duplicate, overlap, or 

conflict with this final rule. The impact 

on all businesses, including small 

entities, is very similar. Further, even 

though fees will be increased, the 

amount of the increase should not 

significantly affect these entities. 

This fee increase moves the program 

towards an adequate reserve and 

financial stability. Considering the 

alternatives, without the fee increase, 

this result would not be accomplished. 

Finally, except for those applicants who 

are required to obtain inspections in 

connection with certain imports, these 

businesses are under no obligation to 

use these inspection services. 

Executive Order 12988 

The rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have a retroactive effect and doesn’t 

preempt any State or local laws, 

regulations, or policies unless they 

present an irreconcilable conflict with 

this rule. There are no administrative 

procedures which must be exhausted 

prior to any judicial challenge to the 

provisions of this final rule. 

Final Action 

The AMA authorizes official 

inspection, grading, and certification for 

processed fruits, vegetables, and 

processed products made from them. 

The AMA provides that the Secretary 

collect reasonable fees from the users of 

the services to cover, as nearly as 

practicable, the costs of the services 

rendered. This final rule amends the 

schedule for fees for inspection services 

rendered to the processed fruit and 

vegetable industry to reflect the costs 

necessary to operate the program. 

AMS regularly reviews its user fee 

programs to determine if the fees are 


sroberts on PROD1PC70 with RULES
Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 10037 

adequate. While AMS continues to 

pursue opportunities to reduce its costs, 

the existing fee schedule will not 

generate sufficient revenues to cover lot, 

year-round, and less than year-round 

inspection program costs while 

maintaining an adequate reserve 

balance. 

Based on the Agency’s analysis of 

increasing program costs, AMS is (1) 

increasing the fees relating to lot, yearround, and less than year-round 

inspection services, (2) billing in-plant 

applicants for plant survey and 

sanitation inspection, and (3) billing 

applicants for Sunday differential when 

applicable. 

At the start of FY 2006, the processed 

fruit and vegetable grading and 

inspection service had a reserve balance 

of $8 million, of which, the lot, yearround, and less than year-round 

programs accounted for $3.4 million. 

AMS projects that the costs for the 

services covered by this final rule will 

rise from $15 million in FY 2005 to 

$15.4 million in FY 2006. Revenues for 

FY 2006 are projected to be at $15.0 

million. The increase in costs is 

primarily a result of rising employee 

salaries and benefits. For example, since 

the last fee schedule change, employees 

have received a 3.1 and 3.4 percent pay 

increase effective January 2005 and 

January 2006, respectively. 

For FY 2006, the end-of-year reserve 

balance will decline from $3.4 million 

to $3.0 million, and the months of 

reserve will fall from 2.6 months to 2.4 

months. For FY 2007, without a fee 

increase, the end-of-year reserve balance 

would be $2.5 million; the months of 

reserve would be 1.9; with the projected 

costs of $15.8 million and revenues of 

$15.3 million. 

With the fee increase these services 

will generate sufficient revenue so that 

by the end of FY 2007, the reserve 

balance will be $5.3 million and 4.0 

months. AMS will perform fee analyses 

to determine if further fee adjustments 

in FY 2007 are necessary to maintain an 

adequate reserve and ensure fiscal 

stability. 

For inspection services charged on a 

contract basis under § 52.51, overtime 

work will also continue to be charged as 

provided in that section. The following 

fee schedule compares current fees and 

charges with final fees and charges for 

processed fruit and vegetable inspection 

as found in 7 CFR 52.42–52.51. Unless 

otherwise provided for by written 

agreement between the applicant and 

the Administrator, the charges in the 

schedule of fees as found in § 52.42 are: 

Current Final 

$52.00/hr. $62.00/hr. 

Charges for travel and other expenses 

as found in § 52.50 are: 

Current Final 

$52.00/hr. $62.00/hr. 

Charges for year-round in-plant 

inspection services on a contract basis 

as found in § 52.51 (c) are: 

(1) For inspector assigned on a yearround basis: 

Current Final 

$39.00/hr. $49.00/hr. 

(2) For inspector assigned on less than 

a year-round basis: 

Each inspector: 

Current Final 

$52.00/hr. $65.00/hr. 

Charges for less than year-round inplant inspection services (four or more 

consecutive 40 hour weeks) on a 

contract basis as found in § 52.51 (d) 

are: 

(1) Each inspector: 

Current Final 

$52.00/hr. $65.00/hr. 

Furthermore, AMS will recoup the 

cost for a plant survey and sanitation 

inspection performed in plants entering 

into an in-plant inspection contract with 

AMS. Currently, fees that are charged 

for a plant survey and sanitation 

inspection are credited back to plants 

entering into an in-plant inspection 

contract with AMS within 60 days of 

the survey. There are presently 239 

plants with an in-plant inspection 

contract not being charged for the plant 

survey and sanitation inspection. Billing 

for the plant survey and sanitation 

inspection will increase user fee 

revenue generated under the year-round 

and less than year-round inspection 

programs by approximately $143,000 

annually. In addition, AMS will recoup 

the cost for Sunday differential for 

plants entering into a year-round inplant contract, entering into a less than 

year-round in-plant (four or more 

consecutive 40 hour weeks) contract, 

and not under contract. During calendar 

year 2004, there were 3,562 Sunday 

differential hours not charged to plants. 

Billing plants for Sunday differential 

will increase user fee revenue generated 

under the lot inspection program, the 

year-round inspection program, and the 

less than year-round inspection program 

by approximately $35,000 annually. 

Finally, the last action will change the 

word ‘‘approvement’’ to ‘‘approved’’ in 

§ 52.2, Inspection Service; types of, 

paragraph (d) Pack certification. 

A notice of proposed rulemaking was 

published in the Federal Register on 

July 11, 2006, (71 FR, No. 132, 39017) 

with a thirty-day comment period. AMS 

received two comments during this 

period. 

The first comment was received from 

the Association of Food Industries, Inc. 

(AFI). AFI asked how this revision 

would affect imported products. The fee 

increase applies to the voluntary 

inspection and certification of processed 

fruits and vegetables whether domestic 

or imported. Further, as noted 

previously under 8e of the Agricultural 

Marketing Agreement Act of 1937, 

certain imported processed 

commodities are subject to import 

regulations which include inspection 

requirements. 

The second comment was received 

from an individual who expressed 

concurrence with the revision. 

List of Subjects in 7 CFR Part 52 

Food grades and standards, Food 

labeling, Frozen foods, Fruit juices, 

Fruits, Reporting and record keeping 

requirements, and Vegetables. 

■ For the reasons set forth in the 

preamble, 7 CFR part 52 is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

§ 52.2 [Amended] 

■ 2. In § 52.2, under the term 

‘‘Inspection Service; types of’’, in 

paragraph (d) under the term ‘‘pack 

certification’’ the word ‘‘approvement’’

is revised to read ‘‘approved’’. 

■ 3. In § 52.42, the figure ‘‘$52.00’’ is 

revised to read ‘‘$62.00’’ and a sentence 

is added at the end of the section to read 

as follows: 

§ 52.42 Schedule of fees. 

* * * A twenty-five (25) percent 

Sunday differential charge will be made 

for all work performed on Sunday. 

■ 5. Section 52.48 is revised to read as 

follows: 

§ 52.48 Charges for plant survey and 

inspection. 

The fees to be charged for a plant 

survey and inspection shall be at the 

rates prescribed in § 52.42 and § 52.51. 

§ 52.50 [Amended] 

■ 6. In § 52.50, the figure ‘‘$52.00’’ is 

revised to read ‘‘$62.00’’. 


sroberts on PROD1PC70 with RULES
10038 Federal Register / Vol. 72, No. 44 / Wednesday, March 7, 2007 / Rules and Regulations 

1 DOE uses the terms ‘‘product’’ and ‘‘equipment’’

interchangeably in this final rule. Where DOE refers 

to the categories of ‘‘residential products’’ covered 

by 10 CFR Part 430, DOE uses the phrase 

‘‘residential products.’’

■ 7. In § 52.51, paragraph (c)(1), the 

figure ‘‘$39.00’’ is revised to read 

‘‘$49.00’’, in paragraph (c)(2), the figure 

‘‘$52.00’’ is revised to read ‘‘$65.00’’, 

and in paragraph (d)(1), the figure 

‘‘$52.00’’ is revised to read ‘‘$65.00’’

and new paragraphs (c)(6) and (d)(6) are 

added to read as follows: 

§ 52.51 Charges for inspection services on 

a contract basis. 

* * * * * 

(c) * * * 

(6) Sunday differential. A 25 percent 

Sunday differential will be charged for 

all work performed on Sunday. 

* * * * * 

(d) * * * 

(6) Sunday differential. A 25 percent 

Sunday differential will be charged for 

all work performed on Sunday. 

* * * * * 

Dated: March 1, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–3937 Filed 3–6–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

10 CFR Part 431 

[Docket Nos. EE–RM/STD–03–100, EE–RM/ 

STD–03–200, and EE–RM/STD–03–300] 

RIN Nos. 1904–AB16, 1904–AB17, and 

1904–AB44 

Energy Efficiency Program for Certain 

Commercial and Industrial Equipment: 

Efficiency Standards for Commercial 

Heating, Air-Conditioning, and WaterHeating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The Energy Policy and 

Conservation Act, as amended (EPCA), 

establishes energy conservation 

standards for various commercial and 

industrial equipment. EPCA further 

provides with respect to certain 

equipment covered by this rule, that if 

the American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers (ASHRAE) and the 

Illuminating Engineering Society of 

North America (IESNA) amend 

ASHRAE/IESNA Standard 90.1 as in 

effect on October 24, 1992, then the 

Department of Energy (DOE) must 

establish amended national standards at 

the ASHRAE/IESNA Standard 90–1 

minimum energy efficiency levels 

unless DOE determines that evidence 

supports adoption of higher standard 

levels or certain other circumstances 

exist. ASHRAE/IESNA amended 

ASHRAE/IESNA Standard 90.1 on 

October 29, 1999 (ASHRAE/IESNA 

Standard 90.1–1999), and DOE initiated 

this rulemaking to consider 

amendments to the national standards. 

DOE has concluded that it lacks 

authority to pursue higher standards for 

gas-fired instantaneous water heaters 

and large commercial packaged boilers. 

For small commercial packaged boilers 

with capacities greater than 300,000 

Btu/h and less than or equal to 2.5 

million British thermal units per hour, 

DOE is declining to adopt revised 

efficiency standards contained in the 

ASHRAE/IESNA Standard 90.1–1999 

because the revised levels are less 

stringent than the current national 

standard. In addition, DOE has decided 

to conduct a separate rulemaking to 

consider whether standards at higher 

levels than those in the ASHRAE/IESNA 

Standard 90.1–1999 are warranted for 

packaged terminal air conditioners and 

packaged terminal heat pumps. Finally, 

DOE has concluded it does not have the 

authority to adopt, as uniform national 

standards, efficiency standards 

contained in Addenda f and b, 

respectively, to ASHRAE/IESNA 

Standard 90.1–2004 for three-phase air 

conditioners and heat pumps with 

cooling capacities less than 65,000 

British thermal units per hour, and 

single-package vertical air conditioners 

and single-package vertical heat pumps 

with cooling capacities less than 65,000 

Btu/h. 

DATES: Effective Date: April 6, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Maureen Murphy, Project Manager, 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, (202) 586–

0598, or e-mail 

Maureen.Murphy@ee.doe.gov. 

Francine Pinto, Esq., U.S. Department 

of Energy, Office of the General Counsel, 

GC–72, 1000 Independence Avenue, 

SW., Washington, DC 20585–0103, (202) 

586–9507, or e-mail 

Francine.Pinto@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Summary of Today’s Actions 

B. Authority 

C. Background 

1. ASHRAE/IESNA Standard 90.1 and the 

Department of Energy’s Response 

2. Subsequent Action by the Department of 

Energy 

3. The Energy Policy Act of 2005 

II. Discussion of Comments and DOE Final 

Rule 

A. Large Commercial Packaged Boilers 

(Greater Than 2.5 million British 

Thermal Units Per Hour) and Gas-Fired 

Instantaneous Water Heaters 

B. Small Commercial Packaged Boilers 

(Greater Than 300,000 British Thermal 

Units Per Hour and Less Than or Equal 

to 2.5 million British Thermal Units Per 

Hour) 

C. Packaged Terminal Air Conditioners and 

Packaged Terminal Heat Pumps 

D. Three-Phase Air Conditioners and Heat 

Pumps less than 65,000 British Thermal 

Units Per Hour 

E. Single-Package Vertical Air Conditioners 

and Single-Package Vertical Heat Pumps 

Less Than 65,000 Btu/h 

F. Single-Package Vertical Air Conditioners 

and Single-Package Vertical Heat Pumps 

Greater Than or Equal to 65,000 Btu/h 

and Less Than 240,000 Btu/h 

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. Congressional Notification 

IV. Approval of the Office of the Secretary 

I. Introduction 

A. Summary of Today’s Actions 

Today’s final rule addresses five 

categories of commercial equipment 1: 

(1) Small and large commercial 

packaged boilers; (2) gas-fired 

instantaneous water heaters; (3) 

packaged terminal air conditioners 

(PTACs) and packaged terminal heat 

pumps (PTHPs); (4) three-phase air 

conditioners (ACs) and heat pumps 

(HPs) with cooling capacities less than 

65,000 British thermal units per hour 

(Btu/h); and (5) single-package vertical 

air conditioners (SPVAC) and singlepackage vertical heat pumps (SPVHP), 

collectively referred to as single package 

vertical units (SPVUs). 

By today’s action, DOE is publishing 

a final rule that prescribes no amended 

standard. As discussed in section II.A 

through II.F of this notice, DOE has 

decided: 


sroberts on PROD1PC70 with RULES