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[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Rules and Regulations]
[Pages 62988-62993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24353]

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DEPARTMENT OF ENERGY

10 CFR Parts 430 and 431

[Docket No: EERE-2013-BT-NOA-0047]
RIN 1904-AD08

Energy Conservation Program: Energy Conservation Standards for 
Certain Consumer Products and Commercial and Industrial Equipment

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

ACTION: Final rule; technical amendment.

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SUMMARY: The recently enacted American Energy Manufacturing Technical 
Corrections Act amended the Energy Policy and Conservation Act as to 
certain consumer products and commercial and industrial equipment. The 
amendments include new and revised energy conservation standards and 
definitions, as well as technical corrections, which the Department of 
Energy (DOE) is incorporating into its regulations in this technical 
amendment. DOE is also making additional limited changes to the 
language of its regulations, as necessitated by the statutory 
amendments.

DATES: Effective October 23, 2013. The incorporation by reference of 
certain publications listed in this rule is approved by the Director of 
the Federal Register as of October 23, 2013.

FOR FURTHER INFORMATION CONTACT: 
Lucas Adin, U.S. Department of Energy, Office of Energy Efficiency and 
Renewable Energy, Building Technologies Office, EE-2J, 1000 
Independence Avenue SW., Washington, DC, 20585-0121. Telephone: (202) 
287-1317. Email: Lucas.Adin@ee.doe.gov.
James Silvestro, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC, 20585-
0121. Telephone: (202) 586-4224. Email: James.Silvestro@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
II. Summary of This Action
    A. Walk-in Coolers and Walk-in Freezers
    B. Service Over the Counter Commercial Refrigeration Equipment
    C. Niche Residential Central Air Conditioners
    D. Lighting Products
    E. Preemption of State and Local Standards
III. Final Action
IV. Procedural Issues and Regulatory Review
    A. Review Under Executive Orders 12866 and 13563
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Congressional Notification
V. Approval of the Office of the Secretary

I. Background

    The American Energy Manufacturing Technical Corrections Act 
(AEMTCA; H.R. 6582), Public Law 112-210, was signed into law on 
December 18, 2012. Among its provisions are amendments to Part B \1\ of 
Title III of the Energy Policy and Conservation Act of 1975 (EPCA or 
``the Act'') (42 U.S.C. 6291-6309, as codified), which provides for an 
energy conservation program for consumer products other than 
automobiles, and to Part C \2\ of Title III of EPCA (42 U.S.C. 6311-
6317, as codified), which provides for an energy conservation program 
for certain commercial and industrial equipment, similar to the one in 
Part B for consumer products.\3\ Some of the AEMTCA amendments to EPCA 
establish or modify certain energy conservation standards and related 
definitions, and make technical changes to the Act. Other AEMTCA 
amendments to EPCA prescribe criteria for the conduct of rulemakings to 
promulgate energy conservation standards for various consumer products 
and commercial and industrial equipment, or direct the Department of 
Energy (DOE) to undertake rulemakings under EPCA.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
    \3\ All references to EPCA in this document refer to the statute 
as amended through the enactment of the AEMTCA.
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    By this action, DOE is including in the Code of Federal Regulations 
(CFR) the new and modified standards and definitions, and certain of 
the technical changes, prescribed by the AEMTCA. DOE is also making 
additional changes to the language of its regulations that are 
necessitated by certain statutory language contained in AEMTCA's new 
and revised standards and definitions. This is a purely technical 
amendment, and at this time DOE is not exercising

[[Page 62989]]

any of the authority that Congress has provided in the AEMTCA for the 
Secretary of Energy to revise definitions and energy conservation 
standards.

II. Summary of This Action

A. Walk-in Coolers and Walk-in Freezers

    Walk-in coolers and walk-in freezers are two types of commercial 
equipment (hereinafter referred to collectively as ``walk-ins'') that 
consist of a refrigerated storage space that an individual can walk 
into. See 10 CFR 431.302. DOE regulations currently provide, as 
required by EPCA, that walk-ins must contain wall, ceiling, and door 
insulation of R-25 for coolers and R-32 for freezers, but that glazed 
doors and structural members of walk-ins are not subject to these 
requirements. (42 U.S.C. 6313(f)(1)(C); 10 CFR 431.306(a)(3)) Section 2 
of the AEMTCA added to EPCA a provision that the applicable walk-in 
insulation requirement will not apply to any walk-in component if its 
manufacturer demonstrates to the satisfaction of the Secretary of DOE 
that the component reduces energy consumption at least as much as if 
the insulation requirement were to apply. (42 U.S.C. 6313(f)(6)) This 
provision also states that, in support of any such demonstration, the 
manufacturer must provide all data and technical information necessary 
to evaluate its application. Id.
    In this rule, DOE has amended 10 CFR 431.306(a)(3) to implement 
this new exception to the walk-in insulation requirements. The 
amendment makes clear, in accordance with the language that the AEMTCA 
added to EPCA, that the exception applies to a component only if the 
component manufacturer provides the data and technical information 
necessary to fully evaluate whether the component reduces energy 
consumption at least as much as if the insulation requirement were to 
apply. The amendment also states that any demonstration of such 
reduction in energy use must be made to the Assistant Secretary for 
Energy Efficiency and Renewable Energy, who is the individual that the 
Secretary of DOE has delegated responsibility for implementing DOE's 
energy conservation program for commercial and industrial equipment.

B. Service Over the Counter Commercial Refrigeration Equipment

    Prior to the enactment of the AEMTCA, service over the counter 
commercial refrigeration equipment was not specifically defined or 
identified in EPCA. Service over the counter commercial refrigerators 
are a type of commercial refrigerator, see 42 U.S.C. 6311(9) and 10 CFR 
431.62, that display merchandise (usually food) to potential customers, 
serve as a counter, and from which sales personnel sell the products on 
display. Prior to the enactment of the AEMTCA, EPCA defined commercial 
refrigeration equipment such that the equipment was covered by DOE's 
energy conservation standards, incorporated from EPCA, for commercial 
refrigerators with a self-contained condensing unit and designed for 
holding temperature applications. 10 CFR 431.66(b); 42 U.S.C. 
6313(c)(2). Section 5 of the AEMTCA amended EPCA by adding to the Act a 
definition and new standards that apply specifically to service over 
the counter, self-contained, medium temperature commercial 
refrigerators. (42 U.S.C. 6313(c)(1)(C); 6313(c)(4))
    In this rule, DOE has incorporated into its regulations EPCA's new 
denomination of the equipment as ``service over the counter, self-
contained, medium temperature commercial refrigerator'' (``SOC-SC-M''), 
and the Act's new definition for theis term. However, DOE also added to 
this definition to clarify that ``medium temperature'' means equal to 
or greater than 32 [deg]F. This addition reflects DOE's standard usage 
of the term ``medium temperature'' in its standards for commercial 
refrigeration equipment (CRE). 10 CFR 431.66(d)(1).
    This rule adopts the new standard that the AEMTCA prescribes for 
this SOC-SC-Ms and adds language to 10 CFR 431.66(b) to make clear that 
the current standards for commercial refrigerators, set forth in 10 CFR 
431.66(b)(1), no longer apply to to service over the counter equipment. 
One element of the new standard applicable to SOC-SC-Ms is the ``TDA'' 
(total display area) of the equipment. (42 U.S.C. 6313(c)(4)) The 
AEMTCA adds to EPCA a definition of TDA, as being the display area of 
the case as defined in AHRI Standard 1200. (42 U.S.C. 6313(c)(1)(D)) 
Because Congress did not specify a version of the relevant industry 
standard (AHRI Standard 1200), DOE is using its rulemaking authority to 
clarify this ambiguity by specifying the current version, which is AHRI 
Standard 1200-2010. Therefore, in conjunction with adopting the new 
standard, in this rule, DOE incorporates AHRI Standard 1200-2010 into 
the new EPCA definition of TDA that it also adopts.
    Finally, because TDA is an element of many of DOE's existing CRE 
standards, the DOE regulations already contain the same definition for 
TDA that AEMTCA has added to EPCA, except that the existing DOE 
definition does not refer to the current version of AHRI 1200. 10 CFR 
431.66(a)(3). DOE intends to update this reference, and amend its rules 
to have a single definition of TDA, in a future final rule. In the 
meantime, in this rule, DOE is adding language to 10 CFR 431.66(a)(3) 
to make clear that the definition of TDA in 10 CFR 431.66(a)(3) does 
not apply to SOC-SC-Ms.

C. Niche Residential Central Air Conditioners

    Small duct high velocity systems (SDHVs) and through-the-wall 
central air conditioners and heat pumps (TTWs) are residential central 
air conditioners and heat pumps (CACs) that are used for specialized 
applications and that have physical characteristics differentiating 
them from typical CACs. Prior to enactment of the AEMTCA, EPCA did not 
explicitly address either SDHVs or TTWs.
    Nonetheless, DOE created a separate product class and the current 
DOE definition for SDHVs. 67 FR 36368, 36405-06 (May 23, 2002); 10 CFR 
430.2. Also existing DOE regulations include energy conservation 
standards specifically for SDHVs in two tables that contain standards 
for all CACs--one table for products manufactured on and after January 
23, 2006, and before January 1, 2015, and the other for units 
manufactured thereafter. 10 CFR 430.32(c)(2)-(3). The SDHV standard 
levels in the two tables are the same (a seasonal energy efficiency 
ratio (SEER) of not less than 13 and a heating seasonal performance 
factor (HSPF) of not less than 7.7). However, DOE granted two of the 
principal SDHV manufacturers relief from these standards under section 
504 of the Department of Energy Organization Act (42 U.S.C. 7194), 
allowing them to produce, prior to January 1, 2015, SDHVs that 
performed at or above 11 SEER and 6.8 HSP. See, Department of Energy: 
Office of Hearings and Appeals, Decision and Order, Case TEE 
0010 (2004) (available at: http://www.oha.doe.gov/cases/ee/tee0010.pdf) 
(last accessed September 2010); 76 FR 37408, 37514, 37541-42 (June 27, 
2011). This grant of relief, however, will not apply to products that 
the designated manufacturers manufacture on or after January 1, 2015. 
76 FR 37541-42.
    Section 5 of the AEMTCA added to EPCA a definition and standards 
specifically for SDHVs. (42 U.S.C. 6295(d)(4)) The new EPCA definition 
(42 U.S.C. 6295(d)(4)(A)(i)) repeats verbatim the wording of DOE's 
definition of SDHV, with one minor

[[Page 62990]]

editorial change. In this rule, DOE incorporates this change into its 
definition of SDHV. EPCA's new standards for SDHVs are for the same 
time periods as DOE's existing SDHV standards and establish that SDHV 
units manufactured on or after January 23, 2006 and before January 1, 
2015, must perform at or above 11 SEER and 6.8 HSP and SDHV units 
manufactured on January 1, 2015, and thereafter must perform at or 
above 12 SEER and 7.2 HSP. In this rule, DOE has replaced its current 
standards for SDHVs with these new EPCA standards.
    As with SDHVs, DOE currently has in place a definition for TTWs. 10 
CFR 430.2 One of the criteria in the definition was that the product be 
``manufactured prior to January 23, 2010.'' Id. The table in DOE's 
regulations that has standards for CACs manufactured on and after 
January 23, 2006 and prior to January 1, 2015, includes standards 
specifically for TTWs. 10 CFR 432.32(c)(2) But a footnote to the term 
``through-the-wall air conditioners and heat pumps'' in section 
430.32(c) states that the two TTW product classes (for split system and 
single package products) only applied to products manufactured prior to 
January 23, 2010, and that any unit manufactured after that date, and 
that would previously have been classified as a TTW, must be included 
within another CAC product class, depending on the TTW's 
characteristics. Id. DOE further states in the footnote that it 
believes most units previously classified as TTWs would be assigned to 
one of the classes for ``space-constrained'' CACs. Id. An identical 
footnote also is appended to the table that sets forth the standards 
for CACs manufactured on or after January 1, 2015, but that table 
includes no standards specifically for TTWs. 10 CFR 432.32(c)(3) Thus 
DOE regulations contain no separate TTW classes for units manufactured 
beginning on January 23, 2010. Any unit manufactured on or after that 
date, and that previously would have been classified as a TTW, must be 
placed within one of the remaining CAC product classes, and must meet 
the standard(s) applicable to that class.
    Again similar to the situation with SDHVs, DOE created the TTW 
definition and product classes, and the energy conservation standards 
that applied specifically to TTWs. (67 FR 36368, 36396, 36397, 36405-06 
(May 23, 2002)) The AEMTCA amendments to EPCA add to the Act a 
definition for TTWs, but address TTW standards only by directing DOE to 
``conduct subsequent rulemakings'' for TTWs (and SDHVs) as part of 
``any rulemaking . . . to review and revise standards'' for other CACs. 
(42 U.S.C. 6295(d)(4)(A)(ii) and (d)(4)(C)) The new EPCA definition 
deviates significantly from DOE's existing TTW definition by 
eliminating the criterion that the product be manufactured prior to 
January 23, 2010, although it is otherwise identical to the DOE 
definition except for a few minor editorial changes. In this rule DOE 
is revising its definition for TTWs to conform to the new EPCA 
definition.

D. Lighting Products

    EPCA prescribes, and DOE's regulations incorporate, two sets of 
standards for general service incandescent lamps (GSIL): one for lamps 
with a modified spectrum and another for lamps without a modified 
spectrum. (42 U.S.C. 6295(i)(1)(A); 10 CFR 430.32(x)(1)) Also, EPCA 
defines ``general service incandescent lamp,'' (42 U.S.C. 6291(30)) and 
DOE's existing regulations incorporated, with minor editorial changes, 
the definition that existed in EPCA prior to the enactment of the 
AEMTCA. (10 CFR 430.2) The DOE definition, and the pre-AEMTCA EPCA 
definition, define a GSIL as a lamp that ``has a lumen range of not 
less than 310 lumens and not more than 2,600 lumens.'' Id. No other 
lumen range is specified in these definitions. Section 10(a)(6) of the 
AEMTCA amends EPCA by modifying the Act's prior definition to add that 
a modified spectrum lamp can be a GSIL under EPCA only if its lumen 
range is ``not less than 232 lumens and not more than 1,950 lumens.'' 
(42 U.S.C. 6291(30)) As stated in AEMTCA, this change is retroactive 
and should be applied as if it were included in the Energy and 
Infrastructure Security Act of 2007 (EISA). (AEMTCA section 10(a)(13))
    In this final rule, DOE has modified the regulatory definition of 
``general service incandescent lamp'' to incorporate the language that 
the AEMTCA added to the EPCA definition of this term. The revised 
definition of GSIL reflects the fact that a modified spectrum GSIL will 
have a lower light output than a GSIL without a modified spectrum, 
assuming that all other characteristics of the lamps are the same. In 
addition, the change conforms the lumen range of modified spectrum 
GSILs covered by EPCA with the lumen range of such GSILs for which the 
Act prescribes standards. (See 42 U.S.C. 6295(i)(1)(A); 10 CFR 
430.32(x)(1)(B))
    Another element of EPCA's definition of ``general service 
incandescent lamp'' is that it excludes any lamp that is an ``appliance 
lamp,'' as that term is defined in the Act. 42 U.S.C. 
6291(30)(D)(ii)(I), 6291(30)(T)); see also 10 CFR 430.2. Thus, a lamp 
that otherwise would be a GSIL need not meet EPCA requirements for 
GSILs if it is an ``appliance lamp.'' DOE's existing definition of 
``appliance lamp,'' which is identical to the EPCA definition prior to 
enactment of the AEMTCA, includes the requirements that the lamp be 
``sold at retail'' and that the lamp be labeled and marketed as an 
appliance lamp. 10 CFR 430.2 Section 10(a)(7) of the AEMTCA revised 
this prior EPCA definition by eliminating the requirement that a lamp 
be sold at retail to be an ``appliance lamp,'' and by adding a 
provision that the packaging and marketing criteria apply only to those 
lamps that are sold at retail. In this final rule, DOE has incorporated 
these revisions into its definition of ``appliance lamp,'' in 
conformance with the post-AEMTCA EPCA definition. As stated in AEMTCA, 
this change is retroactive and should be applied as if it were included 
in the Energy and Infrastructure Security Act of 2007 (EISA). (AEMTCA 
section 10(a)(13))
    Finally, DOE regulations, incorporating EPCA provisions, excluded 
specified types of fluorescent lamp ballasts from the current energy 
conservation standards for ballasts. 10 CFR 430.32(m)(5)-(7). Among the 
excluded products were certain ballasts designed for use at ambient 
temperatures of 20 degrees F or less. 10 CFR 430.32(m)(7). Section 
10(b)(1) of the AEMTCA amended EPCA by adding the word ``negative'' to 
this exclusion as it appears in EPCA, (42 U.S.C. 6295(g)(8)(C)), 
clarifying that the exclusion is intended to be for ballasts designed 
for use at ambient temperatures of negative 20 degrees F or less. 
Accordingly, in this final rule, DOE has made the same change to the 
language of this exclusion in its regulations at 10 CFR 430.32(m)(7). 
As stated in AEMTCA, this change is retroactive and should be applied 
as if it were included in the Energy Policy and Conservation Act of 
2005. (AEMTCA section 10(b)(2))

E. Preemption of State and Local Standards

    EPCA preempts any requirements of State and local governments 
concerning the energy efficiency or energy use of products and 
equipment covered by the Act, with certain exceptions. See, e.g., 42 
U.S.C. 6297(a)(2), (b), and (c), and 6316(a). Prior to the enactment of 
the AEMTCA, one exception in EPCA to the general rule of preemption 
permitted States other than California and Nevada to adopt or modify a 
state standard for general service lamps to conform with Federal 
standards, and DOE

[[Page 62991]]

incorporated this provision into its regulations. 10 CFR 430.33(b)(3). 
Section 10(a)(9) of the AEMTCA amends EPCA by removing this provision, 
and in this final rule DOE likewise amends section 430.33(b) to remove 
this exception to general service lamp standard preemption.
    The AEMTCA, in section 10(a)(5)(C), also amends EPCA by adding a 
new provision concerning preemption as to commercial or industrial 
equipment that EPCA does not list as ``covered equipment'' but that DOE 
classifies as covered under the Act. 42 U.S.C. 6316(a)(10). DOE 
addresses preemption of state regulations for ``covered equipment,'' 
other than electric motors and heating, ventilating, air conditioning, 
and water heating equipment, in 10 CFR 431.408. This section includes 
references to the EPCA provisions that contain exceptions to the 
general rule of preemption. In this final rule, DOE amends this section 
to add a reference to the new EPCA provision concerning preemption, as 
set forth at 42 U.S.C 6316(a)(10).

III. Final Action

    DOE has determined, pursuant to 5 U.S.C. 553(b)(B), that prior 
notice and an opportunity for public comment on this final rule are 
unnecessary. DOE is merely placing in the CFR new and revised energy 
conservation standards and definitions for certain consumer products 
and commercial and industrial equipment, as well as technical 
corrections, prescribed by the Congress in the AEMTCA and making other 
limited revisions to its regulations as necessitated by the new and 
revised statutory requirements. DOE is not exercising any of the 
discretionary authority that the Congress has provided to the Secretary 
of Energy in the AEMTCA. DOE, therefore, finds that good cause exists 
to waive prior notice and an opportunity to comment for this 
rulemaking. For the same reasons, DOE, pursuant to 5 U.S.C. 553(d)(3), 
finds that good cause exists for making this final rule effective upon 
publication in the Federal Register.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Orders 12866 and 13563

    This final rule is not a ``significant regulatory action'' under 
section 3(f)(1) of Executive Order 12866 and the principles reaffirmed 
in Executive Order 13563. Accordingly, this action was neither subject 
to review by the Office of Information and Regulatory Affairs (OIRA) in 
the Office of Management and Budget (OMB) nor public notice and 
comment.

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis for any rule 
that by law must be proposed for public comment, unless the agency 
certifies that the rule, if promulgated, will not have a significant 
economic impact on a substantial number of small entities. As required 
by Executive Order 13272, ``Proper Consideration of Small Entities in 
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published 
procedures and policies on February 19, 2003, to ensure that the 
potential impacts of its rules on small entities are properly 
considered during the rulemaking process. 68 FR 7990. DOE has made its 
procedures and policies available on the Office of the General 
Counsel's Web site (http://energy.gov/gc/office-general-counsel). DOE 
today is revising the Code of Federal Regulations to incorporate and 
implement, without substantive change, new and revised energy 
conservation standards and definitions, as well as technical 
corrections, prescribed by the American Energy Manufacturing Technical 
Corrections Act as amendments to the Energy Policy and Conservation 
Act. Because this is a technical amendment for which a general notice 
of proposed rulemaking is not required, the analytical requirements of 
the Regulatory Flexibility Act do not apply to this rulemaking.

C. Review Under the Paperwork Reduction Act

    This rulemaking imposes no new information or record keeping 
requirements. Accordingly, Office of Management and Budget 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

    Pursuant to the National Environmental Policy Act of 1969, DOE has 
determined that this rule is covered under the Categorical Exclusion 
found in DOE's National Environmental Policy Act regulations at 
paragraph A.6 of Appendix A to Subpart D, 10 CFR Part 1021, which 
applies to rulemakings that are strictly procedural. Therefore, DOE 
does not need to prepare an Environmental Assessment or Environmental 
Impact Statement for this rule.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (Aug. 10, 1999) 
imposes certain requirements on Federal 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 carefully assess 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 the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. 65 FR 13735. EPCA governs and 
prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of this final rule. 
States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297) No 
further action is required by Executive Order 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 Executive Order 12988, 
``Civil Justice Reform,'' imposes on Federal agencies the general duty 
to adhere to the following requirements: (1) Eliminate drafting errors 
and ambiguity; (2) write regulations to minimize litigation; and (3) 
provide a clear legal standard for affected conduct rather than a 
general standard and promote simplification and burden reduction. 61 FR 
4729 (Feb. 7, 1996). Section 3(b) of Executive Order 12988 specifically 
requires that Executive agencies make every reasonable effort to ensure 
that the regulation: (1) Clearly specifies the preemptive effect, if 
any; (2) clearly specifies any effect on existing Federal law or 
regulation; (3) provides a clear legal standard for affected conduct 
while promoting simplification and burden reduction; (4) specifies the 
retroactive effect, if any; (5) adequately defines key terms; and (6) 
addresses other important issues affecting clarity and general 
draftsmanship under any guidelines issued by the Attorney General. 
Section 3(c) of Executive Order 12988 requires Executive agencies to 
review regulations in light of applicable

[[Page 62992]]

standards in section 3(a) and section 3(b) to determine whether they 
are met or it is unreasonable to meet one or more of them. DOE has 
completed the required review and determined that, to the extent 
permitted by law, this final rule meets the relevant standards of 
Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Pub. L. 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
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), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820. DOE's policy 
statement is also available at http://energy.gov/gc/office-general-counsel. This final rule contains neither an intergovernmental mandate 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so the Unfunded Mandates Reform Act does not apply.

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

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This rule 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

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation 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, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516, note) provides for Federal agencies to 
review most disseminations of information to the public under 
guidelines established by each agency pursuant to general guidelines 
issued by OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 
2002), and DOE's guidelines were published at 67 FR 62446 (Oct. 7, 
2002). DOE has reviewed this final rule 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

    Executive Order 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 OIRA 
at OMB, a Statement of Energy Effects for any significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgates or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 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 significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use should the proposal be implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    DOE has concluded that this regulatory action is not a significant 
energy action because it is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy, nor has it been 
designated as such by the Administrator at OIRA. Accordingly, DOE has 
not prepared a Statement of Energy Effects on the final rule.

L. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of this rule prior to its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects

10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intergovernmental relations, Small businesses.

10 CFR Part 431

    Administrative practice and procedure, Energy conservation, 
Commercial products, Incorporation by reference.

    Issued in Washington, DC, on September 30, 2013.
David T. Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy.

    For the reasons set forth in the preamble, DOE hereby amends parts 
430 and 431 of chapter II, subchapter D, of title 10 of the Code of 
Federal Regulations, as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.2 is amended by:
0
a. Revising paragraph (1) and the introductory text of paragraph (2) in 
the definition of ``appliance lamp'';
0
b. Revising the introductory text in the definition of ``general 
service incandescent lamp''; and
0
c. Removing the word ``which'' and adding in its place, the word 
``that'' in paragraph (2) of the definition of ``small duct, high 
velocity system.''
    The revisions read as follows:

Sec.  430.2  Definitions.

* * * * *
    Appliance lamp * * *
    (1) Is specifically designed to operate in a household appliance 
and has a maximum wattage of 40 watts (including an oven lamp, 
refrigerator lamp, and vacuum cleaner lamp); and

[[Page 62993]]

    (2) When sold at retail, is designated and marketed for the 
intended application, with
* * * * *
    General service incandescent lamp means a standard incandescent or 
halogen type lamp that is intended for general service applications; 
has a medium screw base; has a lumen range of not less than 310 lumens 
and not more than 2,600 lumens or, in the case of a modified spectrum 
lamp, not less than 232 lumens and not more than 1,950 lumens; and is 
capable of being operated at a voltage range at least partially within 
110 and 130 volts; however this definition does not apply to the 
following incandescent lamps--
* * * * *

Sec.  430.31  [Amended]

0
3. Section 430.31 is amended by removing the second sentence.

Sec.  430.33  [Amended]

0
4. Section 430.33 is amended by:
0
a. Adding ``and'' at the end of paragraph (b)(1);
0
b. Removing ``; and'' and adding in its place a period at the end of 
paragraph (b)(2); and
0
c. Removing paragraph (b)(3).

PART 431--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
5. The authority citation for part 431 continues to read as follows:

    Authority: 42 U.S.C. 6291-6317.

0
6. Section 431.62 is amended by adding in alphabetical order a 
definition of ``service over the counter, self-contained, medium 
temperature commercial refrigerator'' or ``SOC-SC-M'' to read as 
follows:

Sec.  431.62  Definitions concerning commercial refrigerators, freezers 
and refrigerator-freezers.

* * * * *
    Service over the counter, self-contained, medium temperature 
commercial refrigerator or SOC-SC-M means a commercial refrigerator--
    (1) That operates at temperatures at or above 32 [deg]F;
    (2) With a self-contained condensing unit;
    (3) Equipped with sliding or hinged doors in the back intended for 
use by sales personnel, and with glass or other transparent material in 
the front for displaying merchandise; and
    (4) That has a height not greater than 66 inches and is intended to 
serve as a counter for transactions between sales personnel and 
customers.
* * * * *

Sec.  431.63  [Amended]

0
7. Section 431.63 is amended, in paragraph (c)(2), by removing ``Sec.  
431.64.'', and adding in its place ``Sec. Sec.  431.64 and 431.66.''.

0
8. Section 431.66 is amended by:
0
a. Revising paragraph (a)(3);
0
b. Adding in paragraph (b) the designation ``(1)'' immediately after 
``(b)'' and revising newly designated paragraph (b)(1) introductory 
text; and
0
c. Adding paragraph (b)(2).
    The revision and additions read as follows:

Sec.  431.66  Energy conservation standards and their effective dates.

    (a) * * *
    (3) Except as to service over the counter, self-contained, medium 
temperature commercial refrigerators manufactured on or after January 
1, 2012, the term ``TDA'' means the total display area (ft\2\) of the 
case, as defined in the ARI Standard 1200-2006, appendix D 
(incorporated by reference, see Sec.  431.63).
    (b)(1) Except for service over the counter, self-contained, medium 
temperature commercial refrigerators manufactured on or after January 
1, 2012, each commercial refrigerator, freezer and refrigerator-freezer 
with a self-contained condensing unit designed for holding temperature 
applications manufactured on or after January 1, 2010, shall have a 
daily energy consumption (in kilowatt hours per day) that does not 
exceed the following:
* * * * *
    (2) Each service over the counter, self-contained, medium 
temperature commercial refrigerator (SOC-SC-M) manufactured on or after 
January 1, 2012, shall have a total daily energy consumption (in 
kilowatt hours per day) of not more than 0.6 x TDA + 1.0. As used in 
the preceding sentence, ``TDA'' means the total display area (ft\2\) of 
the case, as defined in the AHRI Standard 1200 (I-P)-2010, appendix D 
(incorporated by reference, see Sec.  431.63).
* * * * *

0
9. Section 431.306 is amended by revising paragraph (a)(3) to read as 
follows:

Sec.  431.306  Energy conservation standards and their effective dates.

    (a) * * *
    (3) Contain wall, ceiling, and door insulation of at least R-25 for 
coolers and R-32 for freezers, except that this paragraph shall not 
apply to--
    (i) Glazed portions of doors or structural members, or
    (ii) A wall, ceiling or door if the manufacturer of that component 
has provided to the Assistant Secretary for Energy Efficiency and 
Renewable Energy all data and technical information necessary to fully 
evaluate whether the component reduces energy consumption at least as 
much as if this paragraph were to apply, and has demonstrated to the 
satisfaction of the Assistant Secretary that the component achieves 
such a reduction in energy consumption;
* * * * *

Sec.  431.408  [Amended]

0
10. Section 431.408 is amended by adding, in the second sentence, 
``(a)(10),'' immediately after ``345'' and before ``(e).''

[FR Doc. 2013-24353 Filed 10-22-13; 8:45 am]
BILLING CODE 6450-01-P
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