This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

72533 

Vol. 78, No. 232 

Tuesday, December 3, 2013 

1For editorial reasons, upon codification in the 

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

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number 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: Final rule; technical 

amendment. 

SUMMARY: This final rule incorporates 

certain changes to the Code of Federal 

Regulations addressed in a final rule 

published on October 23, 2013. That 

final rule adopted changes to definitions 

and energy conservation standards 

enacted through the American Energy 

Manufacturing Technical Corrections 

Act, among which were a revised 

definition and revised energy 

conservation standards for small duct 

high velocity central air conditioners 

and heat pumps. However, the final rule 

erroneously omitted the changes to the 

regulatory text. This final rule 

incorporates those changes. 

DATES: Effective Date: December 3, 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. 

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. 

I. Background 

The American Energy Manufacturing 

Technical Corrections Act (AEMTCA; 

H.R. 6582), Pub. L. 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. 

Section 5 of the AEMTCA added to 

EPCA a definition and standards 

specifically for small duct high velocity 

systems (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 editorial change. In a 

final rule published on October 23, 

2013, DOE explained that it was 

incorporating this change into its 

definition of SDHV in 10 CFR 430.2. 78 

FR 62988, 62989–62990. The AEMTCA 

amendments also established 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 the October 23, 2013 rule, DOE 

explained that it was replacing its 

current standards for SDHVs with these 

new EPCA standards. However, the final 

rule erroneously omitted the amended 

regulatory text for the SDHV definition 

and standards. 

II. Summary of Today’s Action 

By today’s action, DOE is including in 

the Code of Federal Regulations (CFR) 

the new and modified standards and 

definitions applicable to SDHVs 

prescribed by the AEMTCA. This is a 

purely technical amendment, and at this 

time DOE is not exercising any of the 

authority that Congress has provided in 

the AEMTCA for the Secretary of Energy 

to revise definitions and energy 

conservation standards. 

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 text 

prescribed by the Congress in the 

AEMTCA and making other limited 

revisions to its regulations as 

necessitated by this text. 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 

Today’s 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, today’s action was 

neither subject to review 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 

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). 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. 


emcdonald on DSK67QTVN1PROD with RULES
72534 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 

1Public Law 111–203, 124 Stat. 1376 (2010). 

2 77 FR 62417 (Oct. 15, 2012). 

3A covered bank that is a subsidiary of a bank 

holding company or a savings and loan holding 

company may elect to report and issue its required 

public disclosure on its parent bank holding 

company’s or savings and loan holding company’s 

timeline. 

V. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s final rule. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Energy conservation, 

Household appliances. 

Issued in Washington, DC, on November 

25, 2013. 

David T. Danielson, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, DOE hereby amends 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 

revising the definition of ‘‘Small duct, 

high velocity system’’ to read as follows: 

§ 430.2 Definitions. 

* * * * * 

Small duct, high velocity system 

means a heating and cooling product 

that contains a blower and indoor coil 

combination that— 

(1) Is designed for, and produces, at 

least 1.2 inches of external static 

pressure when operated at the certified 

air volume rate of 220–350 CFM per 

rated ton of cooling; and 

(2) When applied in the field, uses 

high velocity room outlets generally 

greater than 1,000 fpm that have less 

than 6.0 square inches of free area. 

* * * * * 

§ 430.32 [Amended] 

■ 3. Section 430.32 is amended: 

■ a. In the table for paragraph (c)(2): 

■ 1. First column, by removing the 

footnote designation from rows (v)(A) 

and (v)(B) and adding it after ‘‘class’’ in 

the heading of the first column; 

■ 2. Row (vi) in the second column, by 

removing ‘‘13’’ and adding in its place, 

‘‘11’’, and in the third column by 

removing ‘‘7.7’’ and adding in its place, 

‘‘6.8’’; 

■ b. In the table for paragraph (c)(3), row 

(v) in the second column, by removing 

‘‘13’’ and adding in its place, ‘‘12’’, and 

in the third column by removing ‘‘7.7’’ 

and adding in its place, ‘‘7.2’’. 

[FR Doc. 2013–28768 Filed 12–2–13; 8:45 am] 

BILLING CODE 6450–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 325 

Policy Statement on the Principles for 

Development and Distribution of 

Annual Stress Test Scenarios 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Final guidance. 

SUMMARY: Section 165(i) of the DoddFrank Wall Street Reform and Consumer 

Protection Act of 2010 (‘‘Section 

165(i)’’) requires the Federal Deposit 

Insurance Corporation (the ‘‘FDIC’’ or 

‘‘Corporation’’) to issue regulations that 

mandate FDIC-insured state nonmember 

banks and FDIC-insured state-chartered 

savings associations with total 

consolidated assets of more than $10 

billion (‘‘covered banks’’) to conduct 

annual stress tests, report the results of 

such stress tests to the Corporation and 

the Board of Governors of the Federal 

Reserve System (‘‘Board of Governors’’), 

and publish a summary of the results of 

the stress tests. On October 15, 2012, the 

FDIC published in the Federal Register 

a final rule implementing the 

requirements of Section 165(i) (the 

‘‘Stress Test Rule’’). Under the Stress 

Test Rule covered banks are required to 

conduct annual stress tests using a 

minimum of three stress test scenarios 

(baseline, adverse, and severely adverse) 

provided by the FDIC. On November 20, 

2012, the FDIC published in the Federal 

Register interim guidance setting forth 

the general processes and factors to be 

used by the FDIC in developing and 

distributing the stress test scenarios. 

The FDIC is now adopting the interim 

guidance as final without change, 

except for two technical corrections. 

DATES: Effective Date: The final 

guidance is effective January 2, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Ryan Sheller, Senior Large Financial 

Institutions Specialist, (202) 412–4861, 

Division of Risk Management and 

Supervision; Rachel Jones, Attorney, 

(202) 898–6858, or Grace Pyun, 

Attorney, (202) 898–3609, Legal 

Division, Federal Deposit Insurance 

Corporation, 550 17th Street NW., 

Washington, DC 20429. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act of 2010 

was enacted on July 21, 2010 (the 

‘‘Dodd-Frank Act’’).1 Section 165(i) of 

the Dodd-Frank Act requires the FDIC, 

as a Federal primary financial regulatory 

agency, to issue regulations that 

mandate covered banks to conduct 

annual stress tests. On October 15, 2012, 

the FDIC issued the Stress Test Rule, 

which implemented the requirements of 

Section 165(i) and set out definitions 

and rules for scope of application, 

scenarios, reporting, and disclosure.2

Under the Stress Test Rule, covered 

banks are required to conduct annual 

stress tests based on the annual stress 

test cycle set out in Table 1. 

PROCESS OVERVIEW OF ANNUAL STRESS TEST

[Using data as of September 30th] 

Step Timeframe for over $50 billion covered 

banks 

Timeframe for $10 billion to $50 billion 

covered banks 

1. FDIC provides covered banks with scenarios for annual stress tests.No later than November 15th ..................... No later than November 15th. 

2. Covered banks submit required regulatory reports to 

the FDIC on their stress tests.

No later than January 5th .......................... No later than March 31st.3

3. Covered banks make required public disclosures .... Between March 15th and March 31st ........ Between June 15th and June 30th. 


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