41868 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules 

• Harvey Sachs (American Council for 

an Energy-Efficient Economy) 

• Ronald Shebik (Hussmann 

Corporation) 

• Judd Smith (CSA) 

• Louis Starr (Northwest Energy 

Efficiency Alliance) 

• Phillip Stephens (Heat Transfer 

Products) 

• Russell Tharp (Goodman 

Manufacturing) 

• Eric Truskoski (Bradford White Corp.) 

Purpose of Meeting: To provide 

advice and recommendations to the U.S. 

Department of Energy on certification 

requirements of commercial HVAC, 

WH, and refrigeration equipment under 

the authority of the Negotiated 

Rulemaking Act (5 U.S.C. 561–570, Pub. 

L. 104–320). 

Public Participation: Members of the 

public are welcome to observe the 

business of the meeting and, if time 

allows, may make oral statements 

during the specified period for public 

comment. To attend the meeting and/or 

to make oral statements regarding any of 

the items on the agenda, email 

asrac@ee.doe.gov. In the email, please 

indicate your name, organization (if 

appropriate), citizenship, and contact 

information. Please note that foreign 

nationals visiting DOE Headquarters are 

subject to advance security screening 

procedures. Any foreign national 

wishing to participate in the meetings 

should advise ASRAC staff as soon as 

possible by emailing asrac@ee.doe.gov 

to initiate the necessary procedures, no 

later than two weeks before each 

meeting. Anyone attending the meeting 

will be required to present a government 

photo identification, such as a passport, 

driver’s license, or government 

identification. Due to the required 

security screening upon entry, 

individuals attending should arrive 

early to allow for the extra time needed. 

Members of the public will be heard 

in the order in which they sign up for 

the Public Comment Period. Time 

allotted per speaker will depend on the 

number of individuals who wish to 

speak but will not exceed five minutes. 

Reasonable provision will be made to 

include the scheduled oral statements 

on the agenda. A third-party neutral 

facilitator will make every effort to 

allow the presentations of views of all 

interested parties and to facilitate the 

orderly conduct of business. 

Participation in the meeting is not a 

prerequisite for submission of written 

comments. Written comments are 

welcome from all interested parties. 

Any comments submitted must identify 

the Commercial HVAC, WH, and 

Refrigeration Certification Working 

Group, and provide docket number 

EERE–2013–BT–NOC–0023. Comments 

may be submitted using any of the 

following methods: 

1. Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

2. Email: ASRACworkgroup2013

NOC0023@ee.doe.gov. Include docket 

number EERE–2013–BT–NOC–0023 in 

the subject line of the message. 

3. 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. 

4. 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 a CD, in which case 

it is not necessary to include printed 

copies. 

No telefacsimilies (faxes) will be 

accepted. 

Docket: The docket is available for 

review at www.regulations.gov, 

including Federal Register notices, 

public meeting attendee lists and 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the www.regulations.gov index. 

However, not all documents listed in 

the index may be publicly available, 

such as information that is exempt from 

public disclosure. 

The Secretary of Energy has approved 

publication of today’s notice of 

proposed rulemaking. 

Issued in Washington, DC, on July 8, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–16731 Filed 7–11–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2013–BT–DET–0034] 

RIN 1904–AD03 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of Computer 

Servers as a Covered Consumer 

Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed determination of 

coverage. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) has 

determined tentatively that computer 

servers (servers) qualify as a covered 

product under Part A of Title III of the 

Energy Policy and Conservation Act 

(EPCA), as amended. DOE has 

determined that servers meet the criteria 

for covered products because classifying 

products of such type as covered 

products is necessary or appropriate to 

carry out the purposes of EPCA, and the 

average U.S. household energy use for 

servers is likely to exceed 100 kilowatthours (kWh) per year. 

DATES: DOE will accept written 

comments, data, and information on this 

notice, but no later than August 12, 

2013. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2013–BT–DET–0034, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Email: 

Servers2013DET0034@ee.doe.gov. 

Include EERE–2013–BT–DET–0034 

and/or RIN 1904–AD03 in the subject 

line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Proposed Determination for servers, 

EERE–2013–BT–DET–0034 and/or RIN 

1904–AD03, 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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules 41869 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

docket number or RIN for this 

rulemaking. 

Docket: For access to the docket to 

read background documents 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 9:00 

a.m. and 4:00 p.m., Monday through 

Friday, except Federal holidays. Please 

call Ms. Brenda Edwards at (202) 586– 

2945 for additional information 

regarding visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeremy Dommu, 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. 

Telephone: (202) 586–9870. Email: 

DOE_server_standards@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Celia Sher, U.S. Department 

of Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Proposed Definition(s) 

IV. Evaluation of Servers as a Covered 

Product Subject to Energy Conservation 

Standards 

A. Coverage Necessary or Appropriate To 

Carry Out Purposes of EPCA 

B. Average Household Energy Use 

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 (EPCA), as amended 

(42 U.S.C. 6291 et seq.), sets forth 

various provisions designed to improve 

energy efficiency. Part A of Title III of 

EPCA (42 U.S.C. 6291–6309) established 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles,’’ which covers consumer 

products and certain commercial 

products (hereafter referred to as 

‘‘covered products’’).1 The term 

‘‘consumer product’’ is defined as a 

non-automotive product ‘‘which, to any 

significant extent, is distributed in 

commerce for personal use or 

consumption by individuals, without 

regard to whether such article of such 

type is in fact distributed in commerce 

for personal use or consumption by an 

individual [. . .].’’ (42 U.S.C. 6291(1)) 

In addition to specifying a list of 

covered residential and commercial 

products, EPCA contains provisions that 

enable the Secretary of Energy to 

classify additional types of consumer 

products as covered products. For a 

given product to be classified as a 

covered product, the Secretary must 

determine that: 

(1) Classifying the product as a 

covered product is necessary for the 

purposes of EPCA; and 

(2) The average annual per-household 

energy use by products of such type is 

likely to exceed 100 kilowatt-hours 

(kWh) per year. (42 U.S.C. 6292(b)(1)) 

For the Secretary to prescribe an 

energy conservation standard pursuant 

to 42 U.S.C. 6295(o) and (p) for covered 

products added pursuant to 42 U.S.C. 

6292(b)(1), he must also determine that: 

(1) The average household energy use 

of the products has exceeded 150 kWh 

per household for a 12-month period; 

(2) The aggregate 12-month energy use 

of the products has exceeded 4.2 TWh; 

(3) Substantial improvement in energy 

efficiency is technologically feasible; 

and 

(4) Application of a labeling rule 

under 42 U.S.C. 6294 is unlikely to be 

sufficient to induce manufacturers to 

produce, and consumers and other 

persons to purchase, covered products 

of such type (or class) that achieve the 

maximum energy efficiency that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(l)(1)) 

Servers provide services and manage 

networked resources for client devices 

such as desktop and laptop computers. 

These services and resources are 

accessed via a network connection. If 

DOE issues a final determination that 

servers are a covered product, DOE will 

consider test procedures and energy 

conservation standards for servers. DOE 

will determine if servers satisfy the 

provisions of 42 U.S.C. 6295(l)(1) during 

the course of any energy conservation 

standards rulemaking. 

II. Current Rulemaking Process 

DOE has not previously conducted an 

energy conservation standard 

rulemaking for servers. If, after public 

comment, DOE issues a final 

determination of coverage for this 

product, DOE may prescribe test 

procedures and energy conservation 

standards for this product. 

With respect to test procedures, DOE 

will consider a proposed test procedure 

for measuring the energy efficiency, 

energy use or estimated annual 

operating cost of servers during a 

representative average use cycle or 

period of use that is not unduly 

burdensome to conduct. (42 U.S.C. 

6293(b)(3)) In a test procedure 

rulemaking, DOE initially prepares a 

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 

servers. 

With respect to energy conservation 

standards, DOE is required to publish a 

NOPR. The NOPR provides DOE’s 

proposal for potential 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). Because servers would be a 

product that is newly covered under 42 

U.S.C. 6292(b)(1), DOE would also 

consider as part of any energy 

conservation standard NOPR whether 

servers satisfy the requirements of 42 

U.S.C. 6295(l)(1). After the publication 

of the NOPR, DOE affords interested 

persons an opportunity during a period 

of not less than 60 days 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 servers. 

III. Proposed Definition(s) 

DOE proposes to add a definition for 

‘‘Servers’’ in the Code of Federal 

Regulations to clarify coverage of any 

potential test procedure or energy 

conservation standard that may arise 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
41870 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules 

2 Koomey, J.G. 2011. Growth in Data Center 

Electricity Use 2005 to 2010. Analytics Press. 

3 Koomey, J.G. 2011. Growth in Data Center 

Electricity Use 2005 to 2010. Analytics Press; 

Koomey, J.G. 2008. Worldwide Electricity Used in 

Data Centers. Environmental Research Letters, 3; 

Zogg, R. et al. 2009. Energy Savings Potential and 

RD&D Opportunities for Commercial Building 

Appliances. Prepared by Navigant Consulting, Inc. 

for DOE; Masanet, E.R. et al. 2011. Estimating the 

Energy Use and Efficiency Potential of U.S. Data 

Centers. Proceedings of the IEEE 99 (8), 1440–1453. 

4 Id. 

from today’s proposed determination. 

There currently is no statutory 

definition of servers. DOE has 

determined preliminarily that adding 

servers as a covered product is justified. 

Accordingly, DOE proposes the 

following definition of servers to 

consider test procedures and energy 

conservation standards for servers and 

to provide clarity for interested parties 

as it continues its analyses: 

A computer that provides services 

and manages networked resources for 

client devices (e.g., desktop computers, 

notebook computers, thin clients, 

wireless devices, PDAs, IP telephones, 

other computer servers, or other 

network devices). A computer server is 

primarily accessed via network 

connections, versus directly connected 

user input devices such as a keyboard 

or mouse. 

This proposed definition does not 

include desktop or laptop computers, 

which are not primarily accessed via 

network connections. DOE seeks 

feedback from interested parties on its 

proposed definition of servers. 

IV. Evaluation of Servers as a Covered 

Product Subject to Energy Conservation 

Standards 

The following sections describe DOE’s 

evaluation of whether servers fulfill the 

criteria for being added as a covered 

product pursuant to 42 U.S.C. 

6292(b)(1). As stated previously, DOE 

may classify a consumer product as a 

covered product if (1) classifying 

products of such type as covered 

products is necessary and appropriate to 

carry out the purposes of EPCA; and (2) 

the average annual per-household 

energy use by products of such type is 

likely to exceed 100 kWh (or its Btu 

equivalent) per year. 

A. Coverage Necessary or Appropriate 

to Carry Out Purposes of EPCA 

Coverage of servers is necessary or 

appropriate to carry out the purposes of 

EPCA, which include: (1) To conserve 

energy supplies through energy 

conservation programs, and, where 

necessary, the regulation of certain 

energy uses; and (2) to provide for 

improved energy efficiency of motor 

vehicles, major appliances, and certain 

other consumer products. (42 U.S.C. 

6201) The aggregate energy use of 

servers is significant and rising as cloud 

computing becomes more ubiquitous. 

Individuals and enterprises increasingly 

rely on centralized applications and 

data storage. Coverage of servers will 

enable the conservation of energy 

supplies through both labeling programs 

and the regulation of server energy 

efficiency. The national electricity use 

of servers in 2010 was estimated to be 

26.5 billion kWh as a lower bound, an 

increase of at least 18% from 2005.2

Several technologies exist to reduce the 

energy consumption of servers, 

including virtualization, improved 

capacity management, high-efficiency 

hard disk drives, dynamic frequency/ 

voltage scaling, and improved network 

port efficiency. In addition, reduced 

server energy demand enables 

secondary energy savings from space 

cooling, ventilation, and uninterruptible 

power supplies. 

B. Average Household Energy Use 

DOE calculated average household 

energy use for servers, in households 

that use the product, based on data from 

published literature. These recent 

studies estimate the electricity use of 

individual servers in the U.S., from 

mass-produced volume servers to 

custom designed high-end servers.3 The 

annual energy consumption of 

individual servers reported in these 

studies ranges from approximately 

1900–2100 kWh/yr for volume servers, 

5400–6900 kWh/yr for mid-range 

servers, and 66,000–81,000 kWh/yr for 

high-end servers.4 Under the 

assumption that households that use 

servers would have at most one of these 

types of servers, DOE estimated the 

average annual household energy use 

for households that use servers to be at 

least 1900 kWh/yr, and possibly much 

larger. Therefore, DOE tentatively 

determines that the average annual perhousehold energy use for servers is very 

likely to exceed 100 kWh/yr, satisfying 

the provisions of 42 U.S.C. 6292(b)(1). 

Based on the above, DOE has 

determined tentatively that servers 

qualify as a covered product under Part 

A of Title III of the EPCA, as amended. 

V. Procedural Issues and Regulatory 

Review 

DOE has reviewed its proposed 

determination of servers under the 

following executive orders and acts. 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

(OMB) 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 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 www. gc.doe.gov./ 

gc/office-general-counsel. 

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; they would only positively 

determine that future standards may be 

warranted and should be explored in an 

energy conservation standards and test 

procedure 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). 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules 41871 

C. Review Under the Paperwork 

Reduction Act of 1995 

This proposed determination, which 

proposes to determine that servers meet 

the criteria for a covered product for 

which the Secretary may prescribe an 

energy conservation standard pursuant 

to 42 U.S.C. 6295(o) and (p), will 

impose no new information or recordkeeping requirements. Accordingly, 

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 future 

standards may be warranted and that 

environmental impacts should be 

explored in an energy conservation 

standards rulemaking. 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 future standards may be warranted, 

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 

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 product 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 

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 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
41872 Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules 

to review most disseminations of 

information they make to the public 

under guidelines established by each 

agency pursuant to general guidelines 

issued by 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 

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 servers meet the criteria 

for a covered product for which the 

Secretary may prescribe an energy 

conservation standard pursuant to 42 

U.S.C. 6295(o) and (p) would not have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

This action is also not a significant 

regulatory 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 predissemination 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 

servers. 

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 servers are a covered product 

under EPCA. 

Comments, data, and information 

submitted to DOE’s email 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 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 servers: 

• Definition(s) of servers; 

• Whether classifying servers as a 

covered product is necessary or 

appropriate to carry out the purposes of 

EPCA; 

• Calculations and values for 

household and national energy 

consumption; and 

• Availability or lack of availability of 

technologies for improving energy 

efficiency of servers. 

The Department is interested in 

receiving views concerning other 

relevant issues that participants believe 

would affect DOE’s ability to establish 

test procedures and energy conservation 

standards for servers. The Department 

invites all interested parties to submit in 

writing by August 12, 2013, comments 

and information on matters addressed in 

this notice and on other matters relevant 

to consideration of a determination for 

servers. 

After the expiration of the period for 

submitting written statements, the 

Department 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 servers qualify as a 

covered product, DOE will consider a 

test procedure and energy conservation 

standards for servers. Members of the 

public will be given an opportunity to 

submit written and oral comments on 

any proposed test procedure and 

standards. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Reporting and recordkeeping 

requirements. 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 134 / Friday, July 12, 2013 / Proposed Rules 41873 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

Issued in Washington, DC, on July 5, 2013. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2013–16730 Filed 7–11–13; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2013–BT–DET–0035] 

RIN 1904–AD04 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of Computers 

as a Covered Consumer Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed determination. 

SUMMARY: The U.S. Department of 

Energy (DOE or the ‘‘Department’’) has 

determined tentatively that computers 

qualify as a covered product under Part 

A of Title III of the Energy Policy and 

Conservation Act (EPCA), as amended. 

DOE has determined that computers 

meet the criteria for covered products 

because classifying products of such 

type as covered products is necessary or 

appropriate to carry out the purposes of 

EPCA, and the average U.S. household 

energy use for computers is likely to 

exceed 100 kilowatt-hours (kWh) per 

year. 

DATES: DOE will accept written 

comments, data, and information on this 

notice, but no later than August 12, 

2013. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2013–BT–DET–0035, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

Computers2013DET0035@ee.doe.gov. 

Include EERE–2013–BT–DET–0035 and/ 

or RIN 1904–AD04 in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

Proposed Determination for computers, 

EERE–2013–BT–DET–0035 and/or RIN 

1904–AD04, 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 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 9:00 

a.m. and 4:00 p.m., Monday through 

Friday, except Federal holidays. Please 

call Ms. Brenda Edwards at (202) 586– 

2945 for additional information 

regarding visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jeremy Dommu, 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. 

Telephone: (202) 586–9870. Email: 

DOE_computer_standards@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Celia Sher, U.S. Department 

of Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 287–6122. Email: 

Celia.Sher@hq.doe.gov. 

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Proposed Definition 

IV. Evaluation of Computers as a Covered 

Product Subject to Energy Conservation 

Standards 

A. Coverage Necessary or Appropriate To 

Carry Out Purposes of EPCA 

B. Average Household Energy Use 

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 (EPCA), as amended 

(42 U.S.C. 6291 et seq.), sets forth 

various provisions designed to improve 

energy efficiency. Part A of Title III of 

EPCA (42 U.S.C. 6291–6309) established 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles,’’ which covers consumer 

products and certain commercial 

products (hereafter referred to as 

‘‘covered products’’).1 In addition to 

specifying a list of covered residential 

and commercial products, EPCA 

contains provisions that enable the 

Secretary of Energy to classify 

additional types of consumer products 

as covered products. For a given 

product to be classified as a covered 

product, the Secretary must determine 

that: 

(1) Classifying the product as a 

covered product is necessary for the 

purposes of EPCA; and 

(2) The average annual per-household 

energy use by products of such type is 

likely to exceed 100 kilowatt-hours 

(kWh) per year. (42 U.S.C. 6292(b)(1)) 

For the Secretary to prescribe an 

energy conservation standard pursuant 

to 42 U.S.C. 6295(o) and (p) for covered 

products added pursuant to 42 U.S.C. 

6292(b)(1), he must also determine that: 

(1) The average household energy use 

of the products has exceeded 150 kWh 

per household for a 12-month period; 

(2) The aggregate 12-month energy use 

of the products has exceeded 4.2 TWh; 

(3) Substantial improvement in energy 

efficiency is technologically feasible; 

and 

(4) Application of a labeling rule 

under 42 U.S.C. 6294 is unlikely to be 

sufficient to induce manufacturers to 

produce, and consumers and other 

persons to purchase, covered products 

of such type (or class) that achieve the 

maximum energy efficiency that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(l)(1)). 

Computers are devices which perform 

logical operations and process data. If 

DOE issues a final determination that 

computers are a covered product, DOE 

will consider test procedures and energy 

conservation standards for computers. 

DOE will determine if computers satisfy 

the provisions of 42 U.S.C. 6295(l)(1) 

during the course of any energy 

conservation standards rulemaking. 

II. Current Rulemaking Process 

DOE has not previously conducted an 

energy conservation standard 


wreier-aviles on DSK5TPTVN1PROD with PROPOSALS