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[Federal Register: June 28, 2011 (Volume 76, Number 124)]
[Proposed Rules]               
[Page 37678-37682]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn11-25]                         

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

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

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

[[Page 37678]]

DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket No. EERE-2011-BT-DET-0045]
RIN 1904-AC55

 
Energy Conservation Program for Consumer Products and Certain 
Commercial and Industrial Equipment: Proposed Determination of 
Commercial and Industrial Fans, Blowers, and Fume Hoods as Covered 
Equipment

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of 
Energy.

ACTION: Notice of proposed determination of coverage.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (DOE) proposes to determine that 
commercial and industrial fans, blowers, and fume hoods meet the 
criteria for covered equipment under Part A-1 of Title III of the 
Energy Policy and Conservation Act (EPCA), as amended. DOE proposes 
that classifying equipment of such type as covered equipment is 
necessary to carry out the purpose of Part A-1 of EPCA, which is to 
improve the efficiency of electric motors and pumps and certain other 
industrial equipment to conserve the energy resources of the nation.

DATES: DOE will accept written comments, data, and information on this 
notice, but no later than July 28, 2011.

ADDRESSES: Interested persons may submit comments, identified by docket 
number EERE-2011-BT-DET-0045 or RIN 1904-AC55), by any of the following 
methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: FansBlowersHoods-2011-DET-0045@ee.doe.gov. Include 
EERE-2011-BT-DET-0045 and/or RIN 1904-AC55) in the subject line of the 
message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-2J, Notice of Proposed 
Determination for Fans, Blowers, and Fume Hoods, EERE-2011-BT-DET-0045 
and/or RIN 1904-AC55, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Phone: (202) 586-2945. Please submit one signed paper 
original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza 
SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit one 
signed paper original.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking.
    Docket: For access to the docket to read background documents, a 
copy of the transcript of the public meeting, or comments received, go 
to the U.S. Department of Energy, 6th Floor, 950 L'Enfant Plaza SW., 
Washington, DC 20024, (202) 586-2945, between 9 a.m. and 4 p.m., Monday 
through Friday, except Federal holidays. Please call Ms. Brenda Edwards 
at (202) 586-2945 for additional information.

FOR FURTHER INFORMATION CONTACT: Mr. Charles Llenza, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, Telephone: (202) 586-2192. E-mail: 
Charles.Llenza@ee.doe.gov.
    In the Office of General Counsel, contact Ms. Elizabeth Kohl, U.S. 
Department of Energy, Office of the General Counsel, GC-71, 1000 
Independence Avenue, SW., Washington, DC 20585. Telephone: (202) 586-
7796. E-mail: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Statutory Authority
II. Current Rulemaking Process
III. Definition(s)
IV. Evaluation of Fans, Blowers, and Fume Hoods as a Covered 
Equipment
    A. Energy Consumption in Operation
    B. Distribution in Commerce
    C. Prior Inclusion as a Covered Product
    D. Coverage Necessary To Carry Out Purposes of Part A-1 of EPCA
V. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act of 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act of 2001
    K. Review Under Executive Order 13211
    L. Review Under the Information Quality Bulletin for Peer Review
VI. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comments

I. Statutory Authority

    Title III of the Energy Policy and Conservation Act of 1975 (EPCA), 
as amended (42 U.S.C. 6291 et seq.), sets forth various provisions 
designed to improve energy efficiency. Part C of Title III of EPCA (42 
U.S.C. 6311-6317), which was redesignated for editorial reasons as Part 
A-1 upon codification in the U.S. Code, establishes the ``Energy 
Conservation Program for Certain Industrial Equipment,'' which covers 
certain commercial and industrial equipment (hereafter referred to as 
``covered equipment'').
    EPCA specifies a list of equipment that constitutes covered 
commercial and industrial equipment. (42 U.S.C. 6311(1)(A)-(L). The 
list includes 11 types of equipment and a catch-all provision for 
certain other types of industrial equipment classified as covered the 
Secretary of Energy (Secretary). EPCA also specifies the types of 
equipment that can be classified as covered in addition to the 
equipment enumerated in 42 U.S.C. 6311(1). This equipment includes fans 
and blowers. (42 U.S.C. 6311(2)(B)). Industrial equipment must also:
    (1) Consume, or be designed to consume, energy in operation;
    (2) To any significant extent, be distributed in commerce for 
industrial or commercial use;
    (3) Not be a covered product as defined in 42 U.S.C. 6291(a)(2) of 
EPCA, other than a component of a covered product with respect to which 
there is in effect a determination under 42 U.S.C. 6312(c).
(42 U.S.C. 6311(2)(A)).
    To classify equipment as covered commercial or industrial 
equipment, the

[[Page 37679]]

Secretary must determine that classifying the equipment as covered 
equipment is necessary for the purposes of Part A-1 of EPCA. The 
purpose of Part A-1 is to improve the efficiency of electric motors, 
pumps and certain other industrial equipment to conserve the energy 
resources of the nation. (42 U.S.C. 6312(b))

II. Current Rulemaking Process

    DOE has not previously conducted an energy conservation standard 
rulemaking for fans, blowers, and fume hoods. If after public comment, 
DOE issues a final determination of coverage for this equipment, DOE 
would consider both test procedures and energy conservation standards 
for this equipment.
    With respect to test procedures, DOE would consider proposed test 
procedures for measuring the energy efficiency, energy use, or 
estimated annual operating cost of fans, blowers, and fume hoods during 
a representative average use cycle or period of use that are not unduly 
burdensome to conduct. (42 U.S.C. 6314(a)(2)) In a test procedure 
rulemaking, DOE initially prepares a test procedure notice of proposed 
rulemaking (NOPR) and allows interested parties to present oral and 
written data, views, and arguments with respect to such procedures. In 
prescribing new test procedures, DOE takes into account relevant 
information including technological developments relating to energy use 
or energy efficiency of fans, blowers, and fume hoods.
    With respect to energy conservation standards, DOE typically 
prepares initially an energy conservation standards rulemaking 
framework document (the framework document). The framework document 
explains the issues, analyses, and process that it is considering for 
the development of energy conservation standards for fans, blowers, and 
fume hoods. After DOE receives comments on the framework document, DOE 
typically prepares an energy conservation standards rulemaking 
preliminary analysis and technical support document (the preliminary 
analysis). The preliminary analysis typically provides initial draft 
analyses of potential energy conservation standards on consumers, 
manufacturers, and the nation. Neither of these steps is legally 
required.
    DOE is required to publish an energy conservation standards NOPR 
setting forth DOE's proposed energy conservations standards and a 
summary of the results of DOE's supporting technical analysis. The 
details of DOE's energy conservation standards analysis are provided in 
a technical support document (TSD) that describes the details of DOE's 
analysis of both the burdens and benefits of potential standards, 
pursuant to 42 U.S.C. 6295(o). DOE affords interested persons an 
opportunity during a period of not less than 60 days after the 
publication of the NOPR to provide oral and written comment. After 
receiving and considering the comments on the NOPR and not less than 90 
days after the publication of the NOPR, DOE would issue the final rule 
prescribing any new energy conservation standards for fans, blowers, 
and fume hoods.

III. Definition(s)

    DOE is considering a definition for ``Commercial and Industrial 
Fans, Blowers, and Fume Hoods'' to clarify coverage of any potential 
test procedure or energy conservation standard that may arise from 
today's proposed determination. Fans typically have a specific ratio, 
the ratio of discharge pressure to suction pressure, less than 1.11. 
Blowers typically have a specific ratio ranging from 1.11 to 1.20. Fume 
hoods are cabinets connected to a ventilation system, where the fan is 
either separated from the enclosed workspace or is part of the 
enclosure. There is currently no statutory definition of fans, blowers, 
or fume hoods, and DOE is considering the following definition of fans, 
blowers, and fume hoods to provide clarity for interested parties as it 
continues its analyses:

Fan

    A fan is an electrically powered device used in commercial or 
industrial systems to provide a continuous flow of a gas, typically 
air, for ventilation, circulation, or other industrial process 
requirements. Fans are classified as axial or centrifugal. Axial fans 
move an airstream along the axis of the fan. Centrifugal fans generate 
airflow by accelerating the airstream radially. A fan may include some 
or all of the following components: motor and motor controls, rotor or 
fan blades, and transmission and housing.

Blower

    A blower is a type of centrifugal fan.

Fume Hood

    A fume hood is an enclosed workspace that uses an exhaust fan. Fume 
hoods are used in commercial or industrial laboratories or facilities 
to capture, contain, or exhaust hazardous fumes, vapors, or particulate 
matter generated inside the enclosed workspace. The fan energy use is 
primarily determined by the design and operating characteristics of the 
enclosed workspace.
    DOE seeks feedback from interested parties on these definition(s) 
of fans, blowers, and fume hoods.

IV. Evaluation of Fans, Blowers, and Fume Hoods as a Covered Equipment

    The following sections describe DOE's evaluation of whether fans, 
blowers, and fume hoods fulfill the criteria for being added as covered 
equipment pursuant to 42 U.S.C. 6311(2) and 42 U.S.C. 6312.
    Fans and blowers are listed as types of industrial equipment under 
42 U.S.C. 6311(2)(B), and fans are an integral part of a fume hood. The 
following discussion addresses DOE's consideration of the three 
requirements of 42 U.S.C. 6311(2)(A) and the requirement of 42 U.S.C. 
6312.

A. Energy Consumption in Operation

    DOE proposes to define fans, blowers, and fume hoods as 
`electrically powered'; fans, blowers, and fume hoods that meet DOE's 
definition consume energy in operation.
    DOE estimates that commercial fans and blowers consume 139,533 
million kWh of electricity per year, industrial fans and blowers 
consume 90,057 million kWh of electricity per year, and laboratory fume 
hoods consume 26,153 million kWh of electricity per year. The total 
amounts to 255,743 million kWh per year.
    For commercial fans and blowers, DOE used the 2009 Annual Energy 
Outlook to find the 2006 value for the total energy consumption of 
commercial ventilation equipment \1\ and converted that value from 
quads of primary energy to millions of kWh. For industrial fans and 
blowers, DOE used the 2009 Manufacturing Energy Consumption Survey to 
find the breakdown of electricity use by industrial sector. Then, using 
the percentage of fans and blowers from an American Council for an 
Energy-Efficient Economy study to calculate fan and blower electricity 
use by industrial sector \2\, DOE calculated the total industrial fans 
and blower electricity usage.
---------------------------------------------------------------------------

    \1\ Based on 2009 Annual Energy Outlook, Table 5A, pg. 120, U.S. 
Energy Information Administration.
    \2\ Based on Energy Efficiency and Electric Motors, Report PB-
259 129, A.D. Little, Inc. 1976., U.S. Federal Energy 
Administration, Office of Industrial Programs. Springfield, VA: 
National Technical Information Service.
---------------------------------------------------------------------------

    For fume hoods, DOE used a Lawrence Berkeley National Laboratory 
study, which determined the energy use based on conservative estimates 
on number of fume hood units and their

[[Page 37680]]

power draw in 2003.\3\ Because DOE could not find any data on the 
growth of the fume hood market, it conservatively assumed that fume 
hoods consumed the same amount of power in 2006.
---------------------------------------------------------------------------

    \3\ Based on Energy Use and Savings Potential for Laboratory 
Fume Hoods, Evan Mills and Dale Sartor, Lawrence Berkeley National 
Laboratory, Energy Analysis Department, April 2006. LBNL-55400.
---------------------------------------------------------------------------

B. Distribution in Commerce

    Fans, blowers and fume hoods are distributed in commerce for both 
the industrial and commercial sectors. Based on 2002 U.S. Census Data, 
DOE estimated that 650,000 motors are shipped annually to drive fans 
and blowers in the commercial and industrial sectors.\4\ Based on 
additional 2004 U.S. Census data, DOE assumes that only small fraction 
\5\ of these motors are used as a motor only replacement in fan 
systems.
---------------------------------------------------------------------------

    \4\ U.S. Census Bureau. Economic Census 2002, Industry 
Statistics Sampler: NAICS 333412, Industrial and Commercial Fan and 
Blower Manufacturing.
    \5\ U.S. Census Bureau, MA335H(03)-1, issued Nov 2004.
---------------------------------------------------------------------------

    Shipments of fume hoods were estimated by an industry source to be 
approximately 25,000 to 30,000 units/yr.\6\
---------------------------------------------------------------------------

    \6\ Thomas Smith, President, Exposure Control Technologies, 
Inc., personal communication, 5/2011.
---------------------------------------------------------------------------

C. Prior Inclusion as a Covered Product

    Fans, blowers and fume hoods are not currently included as covered 
products under 10 CFR Part 430.

D. Coverage Necessary To Carry Out Purposes of Part A-1 of EPCA

    The purpose of Part A-1 of EPCA is to improve the energy efficiency 
of electric motors, pumps and certain other industrial equipment to 
conserve the energy resources of the nation. Coverage of fans, blowers, 
and fume hoods is necessary to carry out the purposes of Part A-1 of 
EPCA because coverage will promote the conservation of energy supplies. 
DOE estimates that technologies exist which can reduce the electricity 
consumption of fans and blowers by as much as 20%.\7\ DOE also believes 
that there are technologies and design strategies for fume hoods that 
could reduce energy by 50%.\8\
---------------------------------------------------------------------------

    \7\ Martin, N., Worrel, E., et al. Emerging Energy Efficient 
Industrial Technologies, LBNL-46990, 10/2000.
    \8\ Evan Mills and Dale Sartor, Lawrence Berkeley National 
Laboratory, Energy Analysis Department, July 2003.
---------------------------------------------------------------------------

    Based on the information in section IV of this notice, DOE proposes 
to determine that commercial and industrial fans, blowers, and fume 
hoods qualify as covered equipment under Part A-1 of Title III of EPCA, 
as amended (42 U.S.C. 6311 et seq.).

V. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget has determined that coverage 
determination rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
proposed action was not subject to review under the Executive Order by 
the Office of Information and Regulatory Affairs (OIRA) in the Office 
of Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq., as amended by 
the Small Business Regulatory Enforcement Fairness Act of 1996), 
requires preparation of an initial regulatory flexibility analysis for 
any rule that, by law, must be proposed for public comment, unless the 
agency certifies that the proposed rule, if promulgated, will not have 
a significant economic impact on a substantial number of small 
entities. A regulatory flexibility analysis examines the impact of the 
rule on small entities and considers alternative ways of reducing 
negative effects. Also, as required by E.O. 13272, ``Proper 
Consideration of Small Entities in Agency Rulemaking'' 67 FR 53461 
(August 16, 2002), DOE published procedures and policies on February 
19, 2003, to ensure that the potential impact of its rules on small 
entities are properly considered during the DOE rulemaking process. 68 
FR 7990 (February 19, 2003). DOE makes its procedures and policies 
available on the Office of the General Counsel's Web site at http://www.gc.doe.gov.
    DOE reviewed today's proposed determination under the provisions of 
the Regulatory Flexibility Act and the policies and procedures 
published on February 19, 2003. If adopted, today's proposed 
determination would set no standards and would only positively 
determine that future standards may be warranted and should be explored 
in an energy conservation standards rulemaking. The proposed 
determination also does not establish any test procedures. If a 
positive determination is made, DOE would consider test procedures in a 
subsequent rulemaking. Economic impacts on small entities would be 
considered in the context of such rulemakings. On the basis of the 
foregoing, DOE certifies that the proposed determination, if adopted, 
would have no significant economic impact on a substantial number of 
small entities. Accordingly, DOE has not prepared a regulatory 
flexibility analysis for this proposed determination. DOE will transmit 
this certification and supporting statement of factual basis to the 
Chief Counsel for Advocacy of the Small Business Administration for 
review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    This proposed determination, which proposes to determine that fans, 
blowers, and fume hoods meet the criteria for classification as covered 
equipment, will impose no new information or recordkeeping 
requirements. Accordingly, the Office of Management and Budget (OMB) 
clearance is not required under the Paperwork Reduction Act. (44 U.S.C. 
3501 et seq.)

D. Review Under the National Environmental Policy Act of 1969

    In this notice, DOE proposes to positively determine that fans, 
blowers and fume hoods meet the criteria for classification as covered 
equipment. Environmental impacts would be explored in any future energy 
conservation standards rulemaking for fans, blowers and fume hoods. DOE 
has determined that review under the National Environmental Policy Act 
of 1969 (NEPA), Public Law 91-190, codified at 42 U.S.C. 4321 et seq. 
is not required at this time. NEPA review can only be initiated ``as 
soon as environmental impacts can be meaningfully evaluated'' (10 CFR 
1021.213(b)). This proposed determination would only determine that 
fans, blowers and fume hoods meet the criteria for classification as 
covered equipment, but would not itself propose to set any specific 
standard. DOE has, therefore, determined that there are no 
environmental impacts to be evaluated at this time. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132

    Executive Order (E.O.) 13132, ``Federalism'' 64 FR 43255 (August 
10, 1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the

[[Page 37681]]

constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to assess carefully 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in developing regulatory policies 
that have Federalism implications. On March 14, 2000, DOE published a 
statement of policy describing the intergovernmental consultation 
process that it will follow in developing such regulations. 65 FR 13735 
(March 14, 2000). DOE has examined today's proposed determination and 
concludes that it would not preempt State law or have substantial 
direct effects on the States, on the relationship between the Federal 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the equipment that is the subject of today's proposed 
determination. States can petition DOE for exemption from such 
preemption to the extent permitted, and based on criteria, set forth in 
EPCA. (42 U.S.C. 6297) No further action is required by E.O. 13132.

F. Review Under Executive Order 12988

    With respect to the review of existing regulations and the 
promulgation of new regulations, section 3(a) of E.O. 12988, ``Civil 
Justice Reform'' 61 FR 4729 (February 7, 1996), imposes on Federal 
agencies the duty to: (1) Eliminate drafting errors and ambiguity; (2) 
write regulations to minimize litigation; (3) provide a clear legal 
standard for affected conduct rather than a general standard; and (4) 
promote simplification and burden reduction. Section 3(b) of E.O. 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation specifies the following: (1) The 
preemptive effect, if any; (2) any effect on existing Federal law or 
regulation; (3) a clear legal standard for affected conduct while 
promoting simplification and burden reduction; (4) the retroactive 
effect, if any; (5) definitions of key terms; and (6) other important 
issues affecting clarity and general draftsmanship under any guidelines 
issued by the Attorney General. Section 3(c) of E.O. 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in sections 3(a) and 3(b) to determine whether these 
standards are met, or whether it is unreasonable to meet one or more of 
them. DOE completed the required review and determined that, to the 
extent permitted by law, this proposed determination meets the relevant 
standards of E.O. 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. 
L. 104-4, codified at 2 U.S.C. 1501 et seq.) requires each Federal 
agency to assess the effects of Federal regulatory actions on State, 
local, and Tribal governments and the private sector. For regulatory 
actions likely to result in a rule that may cause expenditures by 
State, local, and Tribal governments, in the aggregate, or by the 
private sector of $100 million or more in any 1 year (adjusted annually 
for inflation), section 202 of UMRA requires a Federal agency to 
publish a written statement that estimates the resulting costs, 
benefits, and other effects on the national economy. (2 U.S.C. 1532(a) 
and (b)) UMRA requires a Federal agency to develop an effective process 
to permit timely input by elected officers of State, local, and Tribal 
governments on a proposed ``significant intergovernmental mandate.'' 
UMRA also requires an agency plan for giving notice and opportunity for 
timely input to small governments that may be potentially affected 
before establishing any requirement that might significantly or 
uniquely affect them. On March 18, 1997, DOE published a statement of 
policy on its process for intergovernmental consultation under UMRA. 62 
FR 12820 (March 18, 1997). (This policy also is available at http://www.gc.doe.gov). DOE reviewed today's proposed determination pursuant 
to these existing authorities and its policy statement and determined 
that the proposed determination contains neither an intergovernmental 
mandate nor a mandate that may result in the expenditure of $100 
million or more in any year, so the UMRA requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act 
of 1999

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 (Pub. L. 105-277) requires Federal agencies to issue a 
Family Policymaking Assessment for any rule that may affect family 
well-being. This proposed determination would not have any impact on 
the autonomy or integrity of the family as an institution. Accordingly, 
DOE has concluded that it is not necessary to prepare a Family 
Policymaking Assessment.

I. Review Under Executive Order 12630

    Pursuant to E.O. 12630, ``Governmental Actions and Interference 
with Constitutionally Protected Property Rights'' 53 FR 8859 (March 15, 
1988), DOE determined that this proposed determination would not result 
in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act 
of 2001

    The Treasury and General Government Appropriation Act of 2001 (44 
U.S.C. 3516, note) requires agencies to review most disseminations of 
information they make to the public under guidelines established by 
each agency pursuant to general guidelines issued by the Office of 
Management and Budget (OMB). The OMB's guidelines were published at 67 
FR 8452 (February 22, 2002), and DOE's guidelines were published at 67 
FR 62446 (October 7, 2002). DOE has reviewed today's proposed 
determination under the OMB and DOE guidelines and has concluded that 
it is consistent with applicable policies in those guidelines.

K. Review Under Executive Order 13211

    E.O. 13211, ``Actions Concerning Regulations That Significantly 
Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 (May 22, 
2001), requires Federal agencies to prepare and submit to OMB a 
Statement of Energy Effects for any proposed significant energy action. 
A ``significant energy action'' is defined as any action by an agency 
that promulgates a final rule or is expected to lead to promulgation of 
a final rule, and that: (1) Is a significant regulatory action under 
E.O. 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of the Office of 
Information and Regulatory Affairs (OIRA) as a significant energy 
action. For any proposed significant energy action, the agency must 
give a detailed statement of any adverse effects on energy supply, 
distribution, or use if the proposal is implemented, and of reasonable 
alternatives to the proposed action and their expected benefits on 
energy supply, distribution, and use.
    DOE has concluded that today's regulatory action proposing to 
determine that fans, blowers, and fume hoods meet the criteria for 
classification as covered equipment would not have a significant 
adverse effect on the supply, distribution, or use of energy. This 
action is also not a significant regulatory

[[Page 37682]]

action for purposes of E.O. 12866, and the OIRA Administrator has not 
designated this proposed determination as a significant energy action 
under E.O. 12866 or any successor order. Therefore, this proposed 
determination is not a significant energy action. Accordingly, DOE has 
not prepared a Statement of Energy Effects for this proposed 
determination.

L. Review Under the Information Quality Bulletin for Peer Review

    On December 16, 2004, OMB, in consultation with the Office of 
Science and Technology Policy (OSTP), issued its Final Information 
Quality Bulletin for Peer Review (the Bulletin). 70 FR 2664 (January 
14, 2005). The Bulletin establishes that certain scientific information 
shall be peer reviewed by qualified specialists before it is 
disseminated by the Federal government, including influential 
scientific information related to agency regulatory actions. The 
purpose of the Bulletin is to enhance the quality and credibility of 
the Government's scientific information. DOE has determined that the 
analyses conducted for this rulemaking do not constitute ``influential 
scientific information,'' which the Bulletin defines as ``scientific 
information the agency reasonably can determine will have or does have 
a clear and substantial impact on important public policies or private 
sector decisions.'' 70 FR 2667 (January 14, 2005). The analyses were 
subject to pre-dissemination review prior to issuance of this 
rulemaking.
    DOE will determine the appropriate level of review that would be 
applicable to any future rulemaking to establish energy conservation 
standards for fans, blowers and fume hoods.

VI. Public Participation

A. Submission of Comments

    DOE will accept comments, data, and information regarding this 
notice of proposed determination no later than the date provided at the 
beginning of this notice. After the close of the comment period, DOE 
will review the comments received and determine whether fans, blowers, 
fume hoods is covered equipment under EPCA.
    Comments, data, and information submitted to DOE's e-mail address 
for this proposed determination should be provided in WordPerfect, 
Microsoft Word, PDF, or text (ASCII) file format. Submissions should 
avoid the use of special characters or any form of encryption, and 
wherever possible comments should include the electronic signature of 
the author. No telefacsimiles (faxes) will be accepted.
    According to 10 CFR Part 1004.11, any person submitting information 
that he or she believes to be confidential and exempt by law from 
public disclosure should submit two copies: One copy of the document 
should have all the information believed to be confidential deleted. 
DOE will make its own determination as to the confidential status of 
the information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include (1) a description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known or available from public sources; (4) whether the 
information has previously been made available to others without 
obligations concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting persons which would result from 
public disclosure; (6) a date after which such information might no 
longer be considered confidential; and (7) why disclosure of the 
information would be contrary to the public interest.

B. Issues on Which DOE Seeks Comments

    DOE welcomes comments on all aspects of this proposed 
determination. DOE is particularly interested in receiving comments 
from interested parties on the following issues related to the proposed 
determination for fans, blowers, and fume hoods:
     Definition of fans;
     Definition of blowers;
     Definitions of fume hoods;
     Whether classifying fans, blowers, and fume hoods as 
covered equipment is necessary to carry out the purposes of Part A-1 of 
EPCA; and
     Availability or lack of availability of technologies for 
improving the energy efficiency of fans, blowers, and fume hoods.
    DOE invites all interested parties to submit, in writing and by 
July 28, 2011, comments and information on matters addressed in this 
notice and on other matters relevant to a determination for fans, 
blowers, and fume hoods. DOE is also interested in receiving views 
concerning other issues relevant to establishing test procedures and 
energy conservation standards for fans, blowers, and fume hoods.
    After the expiration of the period for submitting written 
statements, DOE will consider all comments and additional information 
that is obtained from interested parties or through further analyses, 
and it will prepare a final determination. If DOE determines that fans, 
blowers, and fume hoods qualify as covered equipment, DOE will consider 
a test procedure and energy conservation standards for fans, blowers, 
and fume hoods. Members of the public will be given an opportunity to 
submit written and oral comments on any proposed test procedure and 
standards.

    Issued in Washington, DC, on June 21, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2011-16134 Filed 6-27-11; 8:45 am]
BILLING CODE 6450-01-P
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