Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76825 

would otherwise occur would likely be 

passed on to consumers in the form of 

higher prices. 

FSIS encourages meat and poultry 

companies to comply with new labeling 

regulations as soon as it is feasible. If 

companies initiate voluntary label 

changes, they should consider 

incorporating any new requirements 

that have been published as final 

regulations. 

The new uniform compliance date 

will apply only to final FSIS regulations 

that require changes in the labeling of 

meat and poultry products and that are 

published after January 1, 2013, and 

before December 31, 2014. For each 

final rule that requires changes in 

labeling, FSIS will specifically identify 

January 1, 2016, as the compliance date. 

All meat and poultry food products that 

are subject to labeling regulations 

promulgated between January 1, 2013 

and December 31, 2014, will be required 

to comply with these regulations when 

introduced into commerce on or after 

January 1, 2016. If any food labeling 

regulation involves special 

circumstances that justify a compliance 

date other than January 1, 2016, the 

Agency will determine an appropriate 

compliance date and will publish that 

compliance date in the rulemaking. 

In rulemaking that began with the 

May 4, 2004, proposed rule, FSIS 

provided notice and solicited comment 

on the concept of establishing uniform 

compliance dates for labeling 

requirements (69 FR 24539). In the 

March 5, 2007, final rule, FSIS noted 

that the Agency received only four 

comments in response to the proposal, 

all fully supportive of the policy to set 

uniform compliance dates. Therefore, in 

the March 5, 2007, final rule, FSIS 

determined that further rulemaking for 

the establishment of uniform 

compliance dates for labeling 

requirements is unnecessary (72 FR 

9651). The Agency did not receive 

comments on the final rule. Consistent 

with its statement in 2007, FSIS finds at 

this time that further rulemaking on this 

matter is unnecessary. However, FSIS is 

providing an opportunity for comment 

on the uniform compliance date 

established in this final rule. 

Executive Order 12988 

This final rule has been reviewed 

under the Executive Order 12988, Civil 

Justice Reform. Under this final rule: (1) 

All state and local laws and regulations 

that are inconsistent with this rule will 

be preempted; (2) no retroactive effect 

will be given to this rule; and (3) no 

retroactive proceedings will be required 

before parties may file suit in court 

challenging this rule. 

Executive Orders 12866 and 13563 and 

the Regulatory Flexibility Act 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order (E.O.) 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This final 

rule has been reviewed under E.O. 

12866. The Office of Management and 

Budget (OMB) has determined that it is 

not a significant regulatory action under 

section 3(f) of E.O. 12866 and, therefore, 

it has not been reviewed by OMB. 

This rule does not have a significant 

economic impact on a substantial 

number of small entities; consequently, 

a regulatory flexibility analysis is not 

required (5 U.S.C. 601–612). 

Paperwork Requirements 

There are no paperwork or 

recordkeeping requirements associated 

with this policy under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

E-Government Act Compliance 

FSIS and USDA are committed to 

achieving the purposes of the EGovernment Act (44 U.S.C. 3601, et 

seq.) by, among other things, promoting 

the use of the Internet and other 

information technologies and providing 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA Nondiscrimination Statement 

The U.S. Department of Agriculture 

(USDA) prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, gender, 

religion, age, disability, political beliefs, 

sexual orientation, and marital or family 

status. (Not all prohibited bases apply to 

all programs.) 

Persons with disabilities who require 

alternative means for communication of 

program information (Braille, large 

print, audiotape, etc.) should contact 

USDA’s Target Center at 202–720–2600 

(voice and TTY). 

To file a written complaint of 

discrimination, write USDA, Office of 

the Assistant Secretary for Civil Rights, 

1400 Independence Avenue SW., 

Washington, DC 20250–9410 or call 

202–720–5964 (voice and TTY). 

Additional Public Notification 

FSIS will announce this rule online 

through the FSIS Web page located at 

http://www.fsis.usda.gov/ 

regulations_&_policies/ 

Interim_&_Final_Rules/index.asp. 

FSIS will also make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. In 

addition, FSIS offers an electronic mail 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

News_&_Events/Email_Subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

Done at Washington, DC, on: December 21, 

2012. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. 2012–31398 Filed 12–28–12; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[Docket Number EERE–2012–BT–CE–0048] 

RIN 1904–AC90 

Energy Conservation Program: 

Certification of Commercial and 

Industrial HVAC, Refrigeration and 

Water Heating Equipment 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

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

adopting amendments to the 

compliance dates for manufacturers to 

submit certification reports for certain 

commercial and industrial equipment 

covered under the Energy Policy and 


ebenthall on DSK5TPTVN1PROD with 
76826 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 

1For editorial reasons, Parts B (consumer 

products) and C (commercial equipment) of Title III 

of EPCA were re-designated as parts A and A–1, 

respectively, in the United States Code. 

2These products included commercial warm air 

furnaces, commercial packaged boilers, and 

commercial air conditioners and heat pumps 

(collectively referred to as commercial HVAC 

equipment); commercial refrigeration equipment; 

commercial water heaters, commercial hot water 

supply boilers, and unfired hot water storage tanks 

(collectively referred to as commercial WH 

equipment); walk-in coolers; walk-in freezers; and 

automatic commercial ice makers. 

Conservation Act of 1975, as amended 

(EPCA or the ‘‘Act’’). Specifically, DOE 

is extending the compliance date for the 

certification provisions for commercial 

refrigeration equipment; commercial 

heating, ventilating, air-conditioning 

(HVAC) equipment; and commercial 

water heating (WH) equipment to 

December 31, 2013. DOE is extending 

the certification date for automatic 

commercial ice makers to August 1, 

2013. Lastly, DOE is adopting a 

correction to the packaged terminal 

equipment standards table, which 

would impact standard-size packaged 

terminal air conditioners and packaged 

terminal heat pumps with a cooling 

capacity of 15,000 Btu/h. 

DATES: This rule is effective December 

31, 2012. 

ADDRESSES: This rulemaking can be 

identified by docket number EERE– 

2012–BT–CE–0048 and/or RIN number 

1904–AC90. 

Docket: The docket is available for 

review at http://www.regulations.gov, 

including Federal Register notices, 

public meetings attendee lists, 

transcripts, comments, and other 

supporting documents/materials. All 

documents in the docket are listed in 

the http://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. 

For further information on how to 

submit or review public comments or 

view hard copies of the docket in the 

Resource Room, contact Ms. Brenda 

Edwards at (202) 586–2945 or email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, 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. Email: 

Ashley.Armstrong@ee.doe.gov; and Ms. 

Laura Barhydt, U.S. Department of 

Energy, Office of the General Counsel, 

Forrestal Building, GC–32, 1000 

Independence Avenue SW., 

Washington, DC 20585. Telephone: 

(202) 287–5772. Email: 

Laura.Barhydt@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

A. Authority 

Title III of the Energy Policy and 

Conservation Act of 1975, as amended 

(‘‘EPCA’’ or ‘‘the Act’’) sets forth a 

variety of provisions designed to 

improve energy efficiency. Part A of 

Title III (42 U.S.C. 6291–6309) provides 

for the Energy Conservation Program for 

Consumer Products Other Than 

Automobiles. The National Energy 

Conservation Policy Act (NECPA), 

Public Law 95–619, amended EPCA to 

add Part A–1 of Title III, which 

established an energy conservation 

program for certain industrial 

equipment. (42 U.S.C. 6311–6317) 1

Sections 6299–6305, and 6316 of 

EPCA authorize DOE to enforce 

compliance with the energy and water 

conservation standards (all non-product 

specific references herein referring to 

energy use and consumption include 

water use and consumption; all 

references to energy efficiency include 

water efficiency) established for certain 

consumer products and commercial 

equipment. (42 U.S.C. 6299–6305 

(consumer products), 6316 (commercial 

equipment)) DOE has promulgated 

enforcement regulations that include 

specific certification and compliance 

requirements. See 10 CFR part 429; 10 

CFR part 431, subparts B, U, and V. 

B. Background 

On March 7, 2011, DOE published a 

final rule in the Federal Register that, 

among other things, modified the 

requirements regarding manufacturer 

submission of compliance statements 

and certification reports to DOE (March 

2011 Final Rule). 76 FR 12421. This rule 

was largely procedural in nature; it did 

not amend pre-existing sampling 

provisions, test procedures, or 

conservation standard levels for any 

covered products or equipment. It did, 

however, impose new or revised 

reporting requirements for some types of 

covered products and equipment, 

including a requirement that 

manufacturers submit annual reports to 

the Department certifying compliance of 

their basic models with applicable 

standards. Finally, the Department 

emphasized that manufacturers could 

use their discretion in grouping 

individual models as a ‘‘basic model’’ 

such that the certified rating for the 

basic model matched the represented 

rating for all included models. See 76 

FR 12428–12429 for more information. 

This reflected a basic requirement of the 

Department’s longstanding selfcertification compliance regime—that 

efficiency certifications and 

representations must be supported by 

either testing or an approved alternative 

method of estimating efficiency. 

The March 2011 Final Rule provided 

for the revised certification provisions 

to be effective on July 5, 2011. Certain 

manufacturers of particular types of 

commercial and industrial equipment 2

stated that, for a variety of reasons, they 

would be unable to meet that deadline. 

As a result in a final rule published June 

30, 2011, the Department extended the 

compliance date for certification of 

commercial refrigeration equipment; 

commercial HVAC equipment; 

commercial WH equipment; and walkin coolers and freezers (June 30 Final 

Rule). 76 FR 38287 (June 30, 2011). DOE 

also acknowledged in the June 30 Final 

Rule that numerous manufacturers for 

certain types of commercial equipment 

appear to have been making 

representations of efficiency and 

determining compliance with the 

applicable energy conservation 

standards without testing products in 

accordance with all of the provisions of 

the DOE test procedures, which include 

sampling plans and certification testing 

tolerances. 

In the June 30 Final Rule, DOE stated 

that it believed 18 months would be 

sufficient to provide manufacturers with 

the time necessary to develop the data 

and supporting documentation needed 

to populate the certification reports and 

certify compliance with DOE’s 

regulations, including the existing 

testing and sampling procedures. DOE 

also emphasized that all covered 

equipment must meet the applicable 

energy conservation standard and that 

all testing procedures and sampling 

provisions were unaffected by the final 

rule. 

On May 31, 2012, DOE published a 

proposed rule to revise and expand its 

regulations regarding alternative 

efficiency determination methods 

(AEDMs). (77 FR 32038). AEDMs reduce 

testing burdens by allowing 

manufacturers to use computer 

simulations, mathematical models, and 

other alternative methods to determine 

the amount of energy used or efficiency 

by a particular basic model. AEDM 

provisions for commercial HVAC 

equipment and commercial WH 

equipment already exist, but DOE has 

proposed to revise those regulations and 

to allow manufacturers of commercial 

refrigeration equipment to use AEDMs. 

DOE has not yet finalized the AEDM 

rulemaking. See Docket EERE–2011– 

BT–TP–0024. The Department is also 


ebenthall on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76827 

3The U.S. Department of Energy Convening 

Report on the Feasibility of a Negotiated 

Rulemaking to Revise the Certification Program for 

Commercial Heating, Ventilating, Air Conditioning, 

and Commercial Refrigeration Equipment can be 

found at http://www.eere.energy.gov/buildings/ 

appliance_standards/pdfs/ 

convening_report_hvac_cre.pdf. 

reviewing recommendations regarding 

the feasibility of a negotiated 

rulemaking to revise the certification 

requirements for commercial HVAC 

equipment and commercial refrigeration 

equipment.3

In an October 2012 letter to the 

Secretary of Energy, the Air 

Conditioning, Heating and Refrigeration 

Institute (AHRI) requested another 

certification compliance date extension. 

(AHRI, No. 1 at pp. 1–2). Specifically, 

AHRI requested that the compliance 

date for certification be extended a 

minimum of 18 months from the date of 

publication of the AEDM final rule. 

On December 6, 2012, the Department 

proposed to extend compliance date an 

additional 12 months for commercial 

refrigeration equipment; commercial 

HVAC equipment; and commercial WH 

equipment (December 2012 NOPR). 77 

FR 72763. DOE requested comment on 

its assumption regarding the existence 

of test data and on whether a longer or 

shorter period of time would be more 

appropriate. DOE also proposed to 

modify the regulatory text to reflect that 

the compliance dates for certification 

requirements for walk-in coolers and 

freezers, distribution transformers, and 

metal halide lamp ballasts have passed 

by removing the delayed compliance 

dates. 

Lastly, the Department proposed to 

correct a technical drafting error for 

packaged terminal air conditioners and 

heat pumps that was implemented in 

the reprinting of Table 5 in 10 CFR 

431.97 in a final rule published on May 

16, 2012. 77 FR 28994. More 

specifically, DOE adopted changes to 

the applicable energy conservation 

standards for standard size and nonstandard size packaged terminal air 

conditioners and heat pumps with a 

cooling capacity of 15,000 Btu/h. DOE 

proposed to correct this error and adopt 

the original standards for standard size 

and non-standard size packaged 

terminal air conditioners and heat 

pumps with a cooling capacity of 15,000 

Btu/h as presented in a final rule 

evaluating and originally adopting the 

amended energy conservation for this 

equipment published on April 7, 2008. 

73 FR 18915. 

II. Discussion of Comments 

The Department received 14 written 

comments on the NOPR from a number 

of interested commenters, including 

various manufacturers, trade 

associations, and advocacy groups. The 

following parties submitted comments 

for this rule: 

Commenter name Short name Docket ID 

Air-Conditioning, Heating and Refrigeration Institute ........................................... AHRI ................................... EERE–2012–BT–CE–0048–0001 

EERE–2012–BT–CE–0048–0014 

Seasons 4, Incorporated ...................................................................................... Seasons ............................. EERE–2012–BT–CE–0048–0004 

Scotsman Ice Systems ......................................................................................... Scotsman ........................... EERE–2012–BT–CE–0048–0005 

Hoshizaki America, Inc ......................................................................................... Hoshizaki ............................ EERE–2012–BT–CE–0048–0006 

UTC Climate, Controls & Security ........................................................................ UTC .................................... EERE–2012–BT–CE–0048–0008 

AAON, Inc ............................................................................................................. AAON ................................. EERE–2012–BT–CE–0048–0009 

Ingersoll Rand ....................................................................................................... Ingersoll Rand .................... EERE–2012–BT–CE–0048–0010 

Lennox International, Inc ...................................................................................... Lennox ................................ EERE–2012–BT–CE–0048–0011 

ASAP, ACEEE, ASE, and NRDC ......................................................................... Joint Comment ................... EERE–2012–BT–CE–0048–0012 

Rheem Manufacturing Company .......................................................................... Rheem ................................ EERE–2012–BT–CE–0048–0013 

Traulsen & Company ............................................................................................ Traulsen ............................. EERE–2012–BT–CE–0048–0015 

Burnham Commercial ........................................................................................... Burnham ............................. EERE–2012–BT–CE–0048–0016 

Goodman Manufacturing ...................................................................................... Goodman ............................ EERE–2012–BT–CE–0048–0017 

Mitsubishi Electric Cooling and Heating ............................................................... Mitsubishi ........................... EERE–2012–BT–CE–0048–0018 

A. Extension of Certification Deadline 

for Commercial Refrigeration 

Equipment; HVAC Equipment; and 

Commercial WH Equipment 

As stated above, DOE proposed an 

additional 12-month extension to the 

compliance date for filing complete 

certification reports for manufacturers of 

commercial refrigeration equipment; 

commercial HVAC equipment; and 

commercial WH equipment. 77 FR 

72763. Most commenters supported an 

extension of at least twelve months. 

(Seasons, No. 4 at p. 1; UTC, No. 8 at 

pp. 1–2; AAON, No. 9 at pp. 1–2; 

Ingersoll Rand, No. 10 at pp. 1–2; 

Lennox, No. 11 at pp. 1–2; Joint 

Comment, No. 12 at pp. 1–2; Rheem, 

No. 13 at p. 3; AHRI, No. 14 at p. 1; 

Traulsen, No. 15 at pp. 2–3, Burnham, 

No. 16 at p. 1; Goodman, No. 17 at pp. 

1–2; and Mitsubishi, No. 18 at pp. 1–2) 

Many commenters believed that the 

compliance date should be tied to the 

completion of the AEDM rule. (Seasons, 

No. 4 at p. 1; UTC, No. 8 at pp 1–2; 

Lennox, No. 11 at p.2; Rheem, No. 13 at 

p. 3; AHRI, No. 14 at pp. 1–2, Traulsen, 

No. 15 at p. 2–3; Goodman, No. 17 at pp. 

1–2; and Mitsubishi, No. 18 at pp. 1–2) 

Similarly, AAON commented that the 

AEDM rule would impact the length of 

the extension needed. (AAON, No. 9 at 

p. 2) In addition, AAON, Lennox AHRI, 

Goodman, and Mitsubishi commented 

that they believe that the compliance 

date should be extended a minimum of 

18 months from the publication of the 

AEDM final rule. (AAON, No. 9 at p.2; 

Lennox, No. 11 at p.2; AHRI, No. 14 at 

p. 2; Goodman, No. 17 at pp. 1–2; and 

Mitsubishi, No. 18 at pp. 1–2) Goodman 

detailed a view shared by Seasons, UTC, 

AAON, Lennox, and AHRI that the 

length of the extension required would 

depend upon the actual results of the 

testing (due to measurement 

uncertainties, variances in testing setups and product variances) and the 

tolerances allowed by DOE (for both 

individual test-to-simulation results as 

well as average test-to-simulation 

results), additional testing or a 

significant amount of effort in 

development/specification of the 

internal AEDM procedure may be 

required. (Goodman, 17 at p. 1; Seasons, 

No. 4 at p. 1; UTC, No. 8 at pp. 1–2; 

AAON, No. 9 at p. 2; Lennox, No. 11 at 

p. 2 and AHRI, No. 14 at p. 2) Ingersoll 

Rand commented that it was concerned 

that a December 31, 2013 compliance 

date may not be sufficient to permit the 

Department to conduct a negotiated 

rulemaking and allow manufacturers to 

develop a means to comply with any 

modified requirements. (Ingersoll Rand, 

No. 10 at p. 1–2) In particular, Ingersoll 

Rand stated that it ‘‘hope[s] the 

Department recognizes [the December 

2013 date] is only a stopgap measure, 

not truly a feasible date for future 


ebenthall on DSK5TPTVN1PROD with 
76828 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 

compliance.’’ (Ingersoll Rand, No. 10 at 

p.2) Lennox also suggested that the 

compliance date should be aligned with 

the annual certification date for each 

product. (Lennox, No. 11 at pp. 2–3) 

Traulsen also supported extending the 

certification deadline stating that the 

commercial refrigeration industry may 

have collected energy consumption 

performance data for some base model 

of commercial refrigeration equipment, 

which may not be appropriate in all 

circumstances. (Traulsen, No. 15 at p. 2) 

Traulsen also noted that for certain low 

volume models of commercial 

refrigeration equipment current data 

may not be available because of 

previously conflicting priorities. (Id.) 

Mitsubishi also supported an 18-month 

extension from publication of the AEDM 

final rule and offered a specific path 

forward for the Department’s 

consideration: (1) Finalize the AEDM 

rulemaking; (2) extend the certification 

compliance deadline for at least 18 

months from the date of the AEDM final 

rule; (3) In the alternative, issue a 

written DOE Guidance Document 

regarding the delay of enforcement of 

commercial certification compliance 

until the AEDM rulemaking and 

accompanying extension are finalized; 

(4) begin the negotiated rulemaking 

process, which has already provided 

MEUS an opportunity to clarify the 

central issues and which is consistent 

with AHRI’s proposed direction; and (5) 

develop a ‘‘basic model’’ definition that 

aligns with AHRI’s definition—a basic 

model should be defined by the unit 

rather than levels of efficiency. (Id.) 

One commenter supported the 12- 

month extension as proposed by the 

Department without modification. 

Specifically, Burnham commented in 

favor of a compliance extension similar 

to that proposed by the AHRI 

organization regarding the publication 

of the AEDM final rule. However, 

Burmham also clarified that a shorter 

timeframe would be feasible as well. 

(Burnham, No. 16 at p. 1) 

Several commenters suggested that a 

significantly longer extension was 

needed. UTC noted that it believes an 

additional 12 to 36 months will be 

necessary after the issuance of a final 

AEDM rule prior to manufacturers being 

in a position to submit certification 

reports. (UTC, No. 8 at p.2) Hoshizaki 

requested a two-year extension for 

certification of commercial refrigeration 

equipment as it has not completed 

testing of its basic models and is waiting 

for DOE action on the AEDM 

rulemaking. (Hoshizaki, No. 6 at p. 1) 

In light of the comments above, DOE 

is extending the compliance date for the 

certification provisions for commercial 

refrigeration equipment; commercial 

warm air furnaces, commercial 

packaged boilers, and commercial air 

conditioners and heat pumps 

(collectively referred to as commercial 

HVAC equipment); and commercial 

water heaters, commercial hot water 

supply boilers, and unfired hot water 

storage tanks (collectively referred to as 

commercial WH equipment) to 

December 31, 2013. DOE believes 12 

months is a reasonable extension and 

will allow DOE time to complete the 

AEDM rulemaking and allow 

manufacturers to develop ratings in 

accordance with any revised AEDM 

provisions. 

As noted above, the Department is 

reviewing the feasibility of a negotiated 

rulemaking to revise the certification 

requirements for commercial HVAC 

equipment and commercial refrigeration 

equipment. DOE is also considering the 

formation of an advisory committee in 

conjunction with such a rulemaking. 

Whether DOE proceeds with a 

negotiated rulemaking, and the outcome 

of a negotiated rulemaking, however, is 

uncertain. DOE believes that, should it 

proceed with a negotiated rulemaking, 

the process would, of its nature, involve 

discussion of any need to extend the 

new deadline further. Moreover, DOE 

believes that interested parties would 

raise the extension issue well in 

advance of December 31, 2013. 

Accordingly, DOE believes the 12- 

month extension is sufficient. 

Many commenters submitted 

additional thoughts regarding the AEDM 

rulemaking, about the definition of 

‘‘basic model’’ and about the potential 

for a negotiated rulemaking. (AAON, 

No. 9 at p.1; Ingersoll Rand, No. 10 at 

p. 1–2; Joint Comment, No. 12 at pp. 1– 

2; Rheem, No. 13 at pp. 1–3; AHRI, No. 

14 at pp. 1–2, Goodman, No. 17 at pp. 

1–2, and Mitsubishi, No. 18 at p. 2) DOE 

appreciates the information provided by 

parties on these matters. The substance 

of these comments is the subject of other 

rulemakings and should be raised in 

those proceedings. This rulemaking is 

limited to an extension of the 

compliance date for the March 2011 

certification provisions for commercial 

HVAC equipment, commercial WH 

equipment, and commercial 

refrigeration equipment. 

DOE emphasizes that the testing and 

sampling requirements for commercial 

refrigeration equipment; commercial 

HVAC equipment; and commercial WH 

equipment are unchanged by this 

extension. These regulations can be 

found on a per product basis in subpart 

B to part 429 (sampling plans for 

testing) and 10 CFR 431.64, 431.76, 

431.86, 431.96, 431.106, and 431.134 

(uniform test methods). 

B. Extension of Certification Deadline 

for Automatic Commercial Ice Makers 

In the December 2012 NOPR, DOE 

initially proposed to retain the 

December 31, 2012 deadline to certify 

compliance but sought comment on 

whether an extension was needed. 

Several commenters requested a sixmonth extension of time for submitting 

certification reports for automatic 

commercial ice makers (ACIM). 

(Scotsman, No. 5 at p. 1; Hoshizaki, No. 

6 at p. 1; AHRI, No. 14 at p. 2) Scotsman 

requested additional time to work with 

AHRI so that AHRI could build a 

database to collect the required 

information and submit the certification 

reports on Scotsman’s behalf. 

(Scotsman, No. 5 at p. 1) Hoshizaki 

explained that it has the required test 

reports but that AHRI’s portal for 

reporting test data is not ready. (Id.) 

Scotsman, however, indicated that it 

will need to conduct additional testing 

prior to submitting certification reports. 

(Scotsman, No. 5 at p. 1) AHRI 

requested a six-month extension to 

allow manufacturers time to complete 

testing. (AHRI, No. 14 at p. 2) 

Scotsman and Hoshizaki commented 

that DOE released the templates for 

certification of ACIM in December 2012 

and stated that they did not have an 

automated process to provide many of 

the data elements contained in the 

templates. (Scotsman, No. 5 at p. 1; 

Hoshizaki, No. 6 at p. 1) 

Traulsen, on the other hand, noted 

that it did not have a concern with the 

Department’s proposed certification 

deadline of December 31, 2012 for 

ACIMs even though it does not 

manufacture or supply this type of 

equipment. (Traulsen, No. 15 at p. 3) 

DOE expresses no view regarding an 

automated process that a regulated 

entity may develop to provide its 

certification reports. DOE notes that the 

data elements required for certification 

have been public since March 2011 and 

the CCMS templates for certification are 

available to manufacturers online. Given 

the concerns expressed by 

manufacturers, DOE is extending the 

compliance date for ACIM to align the 

compliance date with the next annual 

certification reporting date. 

Manufacturers would be required to 

submit only one certification report in 

2013 for current basic models unless 

they implement design changes to those 

models resulting in lower efficiency or 

increased consumption. Consequently, 

DOE is adopting a compliance date of 

August 1, 2013, for submission of 

certification reports for ACIM. 


ebenthall on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76829 

C. Compliance and Enforcement 

DOE emphasizes that all covered 

equipment must meet the applicable 

energy conservation standard. ASAP, 

ACEEE, ASE, and NRDC also noted in 

their joint comment that parties are not 

absolved of their obligations to comply 

with current standards and encouraged 

DOE to enforce those standards 

effectively. (Joint Comment, No. 12 at 

pp. 1–2) Furthermore, all testing 

procedures and sampling provisions are 

unaffected by this final rule. DOE is 

adopting a 12-month extension to the 

compliance date for certification only 

for the commercial refrigeration 

equipment; commercial HVAC 

equipment; and commercial WH 

equipment reporting requirements in 

the March 2011 final rule. DOE is 

adopting an 8-month extension to the 

compliance date for certification only 

for the ACIM reporting requirements in 

the March 2011 final rule. 

DOE encourages manufacturers to 

become familiar with the CCMS prior to 

the certification deadline. The CCMS 

has templates currently available for all 

covered equipment available for 

manufacturers to use when submitting 

certification data to DOE. 

DOE conducts assessment testing of 

products available for purchase in the 

United States, pursuant to 10 CFR 

429.104. While certification is not 

required for commercial refrigeration 

equipment; commercial HVAC 

equipment; and commercial WH 

equipment until December 31, 2013, 

and for ACIM until August 1, 2013, DOE 

encourages manufacturers to submit to 

CCMS certification reports to DOE 

voluntarily prior to the compliance date 

required for certification. The 

Department will refrain from selecting 

models for assessment testing for which 

the manufacturer has submitted a valid 

certification report in CCMS. 

Specifically, in 2013, DOE will, in its 

enforcement discretion, limit any 

assessment testing of commercial 

refrigeration equipment, commercial 

HVAC equipment, commercial WH 

equipment, and automatic commercial 

ice makers to those models for which 

DOE does not have a valid certification 

report on file. If DOE purchases a unit 

for assessment testing prior to a 

manufacturer submitting a valid 

certification report, DOE will continue 

with the assessment test. A valid 

certification report is one that meets the 

requirements of 10 CFR part 429, 

including the manufacturer’s 

determination of compliance being 

based either on testing in accordance 

with DOE sampling and test procedures 

(parts 429 and 431) or on the AEDM 

procedures in part 429. 

DOE will continue to conduct 

enforcement testing when it has a 

reason to believe that products do not 

meet the applicable standard. In 

addition, DOE will continue to conduct 

limited testing in support of its 

rulemaking activities for these 

equipment types. DOE will also 

continue to conduct verification testing 

in support of the ENERGY STAR 

program. 

AHRI commented that it supports 

DOE’s enforcement policy. (AHRI, No. 

14 at p. 2–3) DOE appreciates AHRI’s 

support and notes that the enforcement 

policy is not tied to participation in a 

voluntary industry certification program 

and is based upon the voluntary 

submittal of a valid CCMS certification 

report to DOE in advance of the 

compliance date required for 

certification of the applicable 

equipment. 

D. Other Compliance Dates 

DOE proposed to modify the 

regulatory text to reflect that the 

compliance dates for walk-in coolers 

and freezers, distribution transformers, 

and metal halide lamp ballasts have 

passed. DOE did not receive any 

comments on this proposal. Thus, DOE 

is adopting these amendments to 10 

CFR 429.12(i). 

E. Technical Correction 

The Department proposed to correct a 

technical drafting error for packaged 

terminal air conditioners and heat 

pumps that was implemented in the 

reprinting of Table 5 in 10 CFR 431.97 

in a final rule published on May 16, 

2012. 77 FR 28994. More specifically, 

DOE adopted changes to the applicable 

energy conservation standards for 

standard size and non-standard size 

packaged terminal air conditioners and 

heat pumps with a cooling capacity of 

15,000 Btu/h. DOE did not receive any 

comments on this proposal. 

Consequently, DOE is correcting this 

error in today’s final rule by adopting 

the original standards for standard size 

and non-standard size packaged 

terminal air conditioners and heat 

pumps with a cooling capacity of 15,000 

Btu/h as presented in a final rule 

evaluating and originally adopting the 

amended energy conservation for this 

equipment published on April 7, 2008. 

73 FR 18915. 

III. Procedural Issues and Regulatory 

Review 

A. Review Under Executive Order 12866 

Today’s regulatory action is not a 

‘‘significant regulatory action’’ under 

section 3(f) of Executive Order 12866. 

Accordingly, this 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. Administrative Procedure Act 

DOE has determined, pursuant to 

authority at 5 U.S.C. 553(d)(1), that this 

final rule is not subject to a 30-day delay 

in effective date because this rule 

extending the compliance date for a 

requirement relieves a restriction. 

C. 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 (IFRA) 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 DOE 

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. 

DOE reviewed this rule under the 

provisions of the Regulatory Flexibility 

Act and the procedures and policies 

published on February 19, 2003. This 

rule merely extends the compliance date 

of a rulemaking already promulgated. 

To the extent such action has any 

economic impact it would be positive in 

that it would allow regulated parties 

additional time to come into 

compliance. DOE did undertake a full 

regulatory flexibility analysis of the 

original Certification, Compliance, and 

Enforcement for Consumer Products and 

Commercial and Industrial Equipment 

rulemaking. That analysis considered 

the impacts of that rulemaking on small 

entities. As a result, DOE certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

D. Review Under the National 

Environmental Policy Act 

DOE has determined that this rule 

falls into a class of actions that are 

categorically excluded from review 

under the National Environmental 

Policy Act of 1969 (42 U.S.C. 4321 et 

seq.) and DOE’s implementing 


ebenthall on DSK5TPTVN1PROD with 
76830 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 

regulations at 10 CFR part 1021. 

Specifically, this rule amends an 

existing rule without changing its 

environmental effect and, therefore, is 

covered by the Categorical Exclusion in 

10 CFR part 1021, subpart D, paragraph 

A5. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of today’s final rule. 

List of Subjects 

10 CFR Part 429 

Administrative practice and 

procedure, Energy conservation, 

Commercial equipment, Reporting and 

recordkeeping requirements. 

10 CFR Part 431 

Administrative practice and 

procedure, Energy conservation, 

Commercial equipment, Reporting and 

recordkeeping requirements. 

Issued in Washington, DC, on December 

26, 2012. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons set forth in the 

preamble, DOE amends chapter II, 

subchapter D, of Title 10 of the Code of 

Federal Regulations to read as follows: 

PART 429—CERTIFICATION, 

COMPLIANCE, AND ENFORCEMENT 

FOR CONSUMER PRODUCTS AND 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 429 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 2. Revise § 429.12 paragraph (i) to 

read as follows: 

§ 429.12 General requirements applicable 

to certification reports. 

* * * * * 

(i) Compliance dates. For any product 

subject to an applicable energy 

conservation standard for which the 

compliance date has not yet occurred, a 

certification report must be submitted 

not later than the compliance date for 

the applicable energy conservation 

standard. The covered products 

enumerated below are subject to the 

stated compliance dates for certification: 

(1) Automatic commercial ice makers, 

August 1, 2013; 

(2) Commercial refrigeration 

equipment, December 31, 2013; 

(3) Commercial heating, ventilating, 

and air-conditioning equipment, 

December 31, 2013; and 

(4) Commercial water heating 

equipment, December 31, 2013. 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 3. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317. 

■ 4. Revise Table 5 to § 431.97 to read 

as follows: 

§ 431.97 Energy efficiency standards and 

their compliance dates. 

* * * * * 

TABLE 5 TO § 431.97—UPDATED MINIMUM EFFICIENCY STANDARDS FOR PTAC AND PTHP 

Equipment 

type Cooling capacity Sub-category Efficiency level 

Compliance date: 

Products manufactured on and after 

. . . 

PTAC ....... Standard Size ........ <7,000 Btu/h .............................................. EER = 11.7 ................................................ October 8, 2012. 

≥7,000 Btu/h and ≤15,000 Btu/h ............... EER = 13.8 ¥ (0.3 × Cap1) ...................... October 8, 2012. 

>15,000 Btu/h ............................................ EER = 9.3 .................................................. October 8, 2012. 

Non-Standard Size <7,000 Btu/h .............................................. EER = 9.4 .................................................. October 7, 2010. 

≥7,000 Btu/h and ≤15,000 Btu/h ............... EER = 10.9 ¥ (0.213 × Cap1) .................. October 7, 2010. 

>15,000 Btu/h ............................................ EER = 7.7 .................................................. October 7, 2010. 

PTHP ....... Standard Size ........ <7,000 Btu/h .............................................. EER = 11.9 ................................................

COP = 3.3 .................................................

October 8, 2012. 

≥7,000 Btu/h and ≤15,000 Btu/h ............... EER = 14.0 ¥ (0.3 × Cap1) ......................

COP = 3.7 ¥ (0.052 × Cap1) ...................

October 8, 2012. 

>15,000 Btu/h ............................................ EER = 9.5 ..................................................

COP = 2.9 .................................................

October 8, 2012. 

Non-Standard Size <7,000 Btu/h .............................................. EER = 9.3 ..................................................

COP = 2.7 .................................................

October 7, 2010. 

≥7,000 Btu/h and ≤15,000 Btu/h ............... EER = 10.8 ¥ (0.213 × Cap1) ..................

COP = 2.9 ¥ (0.026 × Cap1) ...................

October 7, 2010. 

>15,000 Btu/h ............................................ EER = 7.6 ..................................................

COP = 2.5 .................................................

October 7, 2010. 

1 ‘‘Cap’’ means cooling capacity in thousand Btu/h at 95 °F outdoor dry-bulb temperature. 


ebenthall on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76831 

1For editorial reasons, upon codification in the 

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

2All references to EPCA in this rulemaking refer 

to the statute as amended through the Energy 

Independence and Security Act of 2007, Public Law 

110–140. 

* * * * * 

[FR Doc. 2012–31373 Filed 12–28–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–TP–0007] 

RIN 1904–AC44 

Energy Conservation Program for 

Consumer Products: Test Procedures 

for Residential Furnaces and Boilers 

(Standby Mode and Off Mode) 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: In an earlier final rule, the 

U.S. Department of Energy (DOE) 

prescribed amendments to its test 

procedures for residential furnaces and 

boilers to include provisions for 

measuring the standby mode and off 

mode energy consumption of those 

products, as required by the Energy 

Independence and Security Act of 2007. 

These test procedure amendments were 

primarily based on provisions 

incorporated by reference from the 

International Electrotechnical 

Commission (IEC) Standard 62301 (First 

Edition), ‘‘Household electrical 

appliances—Measurement of standby 

power.’’ In this current final rule, DOE 

further amends its test procedure to 

incorporate by reference the latest 

edition of the IEC Standard, specifically 

IEC Standard 62301 (Second Edition). 

The new version of this IEC standard 

includes a number of methodological 

changes designed to increase accuracy 

while reducing testing burden. This 

final rule also clarifies the rounding 

guidance and sampling provisions for 

the new measurement of standby mode 

and off mode wattage. 

DATES: This rule is effective January 30, 

2013. The incorporation by reference of 

certain publications listed in the rule is 

approved by the Director of the Federal 

Register on January 30, 2013. 

For purposes of compliance with 

energy conservation standards, 

compliance with the amended test 

procedures is required on and after May 

1, 2013 (for non-weatherized gas and oil 

furnaces including mobile home 

furnaces, and all electric furnaces). The 

compliance date for any representations 

relating to standby mode and off mode 

of residential furnaces and boilers is 

July 1, 2013; on and after this date, any 

such representations must be based 

upon results generated under these test 

procedures and sampling plans. 

ADDRESSES: The docket for this 

rulemaking 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 publically available, such as 

information that is exempt from public 

disclosure. 

A link to the docket Web page can be 

found at: http://www.regulations.gov/#!

docketDetail;dct=FR%252BPR%25

2BN%252BO%252BSR;rpp=25;po=0;D

=EERE-2011-BT-TP-0007. The 

www.regulations.gov Web page contains 

simple instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review the docket, contact Ms. Brenda 

Edwards at (202) 586–2945 or by email: 

Brenda.Edwards@ee.doe.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mohammed Khan, 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) 586–7892. Email: 

Mohammed.Khan@ee.doe.gov. 

Mr. Eric Stas, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC, 20585–0121. 

Telephone: (202) 586–9507. Email: 

Eric.Stas@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background and Authority 

II. Summary of the Final Rule 

III. Discussion 

A. The September 2011 Proposed Rule 

B. Public Comments on DOE’s September 

2011 Proposed Rule 

1. Crown Boiler Comments 

2. Air-Conditioning, Heating, and 

Refrigeration Institute Comments 

IV. Effective Date and Compliance Dates 

V. Compliance With Other EPCA 

Requirements 

VI. 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, 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act, 2001 

K. Review Under Executive Order 13211 

L. Review Under Section 32 of the Federal 

Energy Administration Act of 1974 

M. Congressional Notification 

VII. Approval of the Office of the Secretary 

I. Background and Authority 

Title III, Part B1 of the Energy Policy 

and Conservation Act of 1975 (EPCA or 

the Act), Public Law 94–163 (42 U.S.C. 

6291–6309, as codified) sets forth a 

variety of provisions designed to 

improve energy efficiency and 

established the Energy Conservation 

Program for Consumer Products Other 

Than Automobiles, a program covering 

most major household appliances, 

including residential furnaces and 

boilers (referenced below as one of the 

‘‘covered products’’).2 (42 U.S.C. 

6292(a)(5) and 6295(f)) 

Under the Act, this program consists 

essentially of four parts: (1) Testing; (2) 

labeling; (3) Federal energy conservation 

standards; and (4) certification and 

enforcement procedures. The testing 

requirements consist of test procedures 

that manufacturers of covered products 

must use as the basis for certifying to 

DOE that their products comply with 

applicable energy conservation 

standards adopted pursuant to EPCA 

and for making representations about 

the efficiency of those products. (42 

U.S.C. 6293(c); 42 U.S.C. 6295(s)) 

Similarly, DOE must use these test 

procedures in any enforcement action to 

determine whether covered products 

comply with these energy conservation 

standards. (42 U.S.C. 6295(s)) 

Under 42 U.S.C. 6293, EPCA sets forth 

criteria and procedures for DOE’s 

adoption and amendment of such test 

procedures. Specifically, EPCA provides 

that ‘‘[a]ny test procedures prescribed or 

amended under this section shall be 

reasonably designed to produce test 

results which measure energy 

efficiency, energy use * * * or 

estimated annual operating cost of a 

covered product during a representative 

average use cycle or period of use, as 

determined by the Secretary [of Energy], 

and shall not be unduly burdensome to 

conduct.’’ (42 U.S.C. 6293(b)(3)) In 

addition, if DOE determines that a test 

procedure amendment is warranted, it 

must publish proposed test procedures 

and offer the public an opportunity to 

present oral and written comments on 

them. (42 U.S.C. 6293(b)(2)) Finally, in 


ebenthall on DSK5TPTVN1PROD with