80 FR 71984 - Energy Conservation Program: Exempt External Power Supplies Under the EPS Service Parts Act of 2014

DEPARTMENT OF ENERGY

Federal Register Volume 80, Issue 222 (November 18, 2015)

The U.S. Department of Energy (DOE) is proposing to codify provisions of the EPS Service Parts Act of 2014 that exempt from energy conservation standards certain external power supplies (EPSs) made available by a manufacturer as a service or spare part. Consistent with that Act, DOE is proposing to require annual reports of the total number of exempt EPS units sold as service and spare parts that do not meet the relevant energy conservation standards.

[Federal Register Volume 80, Number 222 (Wednesday, November 18, 2015)]
[Proposed Rules]
[Pages 71984-71990]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29303]


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DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2015-BT-CRT-0013]
RIN 1904-AD53


Energy Conservation Program: Exempt External Power Supplies Under 
the EPS Service Parts Act of 2014

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) is proposing to codify 
provisions of the EPS Service Parts Act of 2014 that exempt from energy 
conservation standards certain external power supplies (EPSs) made 
available by a manufacturer as a service or spare part. Consistent with 
that Act, DOE is proposing to require annual reports of the total 
number of exempt EPS units sold as service and spare parts that do not 
meet the relevant energy conservation standards.

DATES: DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking no later than December 18, 2015. See 
section V, ``Public Participation,'' for details.

ADDRESSES: Any comments submitted must identify the NOPR for Exempt 
External Power Supplies Under the EPS Service Parts Act of 2014, and 
provide docket number EERE-2015-BT-CRT-0013 and/or regulatory 
information number (RIN) number 1904-AD53. 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: [email protected]. Include the docket 
number and/or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-5B, 1000 Independence Avenue SW., 
Washington, DC, 20585-0121. If possible, please submit all items on a 
CD. 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. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section V of this document 
(Public Participation).
    Docket: The docket, which includes Federal Register notices, public 
meeting attendee lists and transcripts, comments, and other supporting 
documents/materials, is available for review at regulations.gov. All 
documents in the docket are listed in the regulations.gov index. 
However, some documents listed in the index, such as those containing 
information that is exempt from public disclosure, may not be publicly 
available.
    A link to the docket Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx?productid=23. This Web page will contain a link to the 
docket for this notice on the regulations.gov site. The regulations.gov 
Web page will contain simple instructions on how to access all 
documents, including public comments, in the docket. See section V for 
information on how to submit comments through regulations.gov.
    For further information on how to submit a comment, review other 
public comments and the docket, or to request a public meeting, contact 
Ms. Brenda Edwards at (202) 586-2945 or by email: 
[email protected].

FOR FURTHER INFORMATION CONTACT: Direct requests for additional 
information may be sent to 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.

[[Page 71985]]

Telephone: (202) 586-9870. Email: 
[email protected]
    For legal issues, please contact Mr. Michael Kido, U.S. Department 
of Energy, Office of the General Counsel, GC-33, 1000 Independence 
Avenue SW., Washington, DC 20585-0121. Telephone: (202) 586-8145. 
Email: [email protected].

Table of Contents

I. Authority and Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
    A. Codifying the Exemption in the CFR
    B. Service or Spare Part EPS
    C. Sales Reporting Requirements
IV. 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 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
V. Public Participation
VI. Approval of the Office of the Secretary

I. Authority and Background

Authority

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or, in context, ``the Act'') sets forth 
a variety of provisions designed to improve energy efficiency. (All 
references to EPCA refer to the statute as amended through the Energy 
Efficiency Improvement Act of 2015, Pub. L. 114-11 (April 30, 2015).) 
Part B of title III, which for editorial reasons was re-designated as 
Part A upon incorporation into the U.S. Code (42 U.S.C. 6291-6309, as 
codified), establishes the ``Energy Conservation Program for Consumer 
Products Other Than Automobiles.'' External power supplies are among 
the products affected by these provisions.

Background

    Section 301 of EISA 2007 established minimum energy conservation 
standards for Class A external power supplies (EPSs) manufactured on or 
after July 1, 2008. (42 U.S.C. 6295(u)(3)(A)). See 42 U.S.C. 
6291(36)(C)(i)-(ii). EISA 2007 exempts Class A EPSs from meeting these 
statutorily-prescribed standards if the devices are manufactured before 
July 1, 2015, and made available by the manufacturer as service parts 
or spare parts for end-use consumer products that were manufactured 
prior to July 1, 2008. (42 U.S.C. 6295(u)(3)(B)) Congress created this 
limited (and temporary) exemption as part of a broad range of 
amendments to EPCA under EISA 2007. The provision did not grant DOE 
with the authority to expand or extend the length of this exemption and 
Congress did not grant DOE with the general authority to exempt any 
already covered product from the requirements set by Congress.
    After releasing a preliminary analysis and issuing a proposed set 
of energy conservation standards, DOE published a final rule 
prescribing new standards for non-Class A EPSs and amended standards 
for some Class A EPSs--namely, those EPSs that met what DOE has termed 
as ``direct operation'' EPSs. See 79 FR 7846 (Feb. 10, 2014). (A direct 
operation EPS is an external power supply that can operate a consumer 
product that is not a battery charger without the assistance of a 
battery. See 10 CFR 430.2.) These new standards apply to products 
manufactured on or after February 10, 2016. At that time, DOE did not 
have the authority to provide manufacturers with an exemption for EPSs 
that were made available as service or spare parts to end-use consumer 
products that were manufactured prior to the compliance date of these 
new standards. Accordingly, despite requests from some commenters who 
responded to DOE's proposed standards by asking for such an exemption, 
no such relief was provided as part of the final rule.
    On December 18, 2014, the EPS Service Parts Act of 2014, Public Law 
113-263 (Dec. 18, 2014) (``Service Parts Act'') was enacted. That law 
provided manufacturers with an exemption for EPSs that are made 
available as service and spare parts for end-use products manufactured 
before February 10, 2016. To be exempt from the new standards under the 
Service Parts Act, an EPS must meet four separate criteria. 
Specifically, the EPS must be: (i) Manufactured during the period 
beginning on February 10, 2016, and ending on February 10, 2020; (ii) 
marked in accordance with the External Power Supply International 
Efficiency Marking Protocol; (iii) compliant, where applicable, with 
the standards for Class A EPSs and certified to DOE as meeting at least 
International Efficiency Level IV; and (iv) made available by the 
manufacturer as a service part or spare part for an end-use product 
manufactured before February 10, 2016.
    Additionally, the Service Parts Act permits DOE to require 
manufacturers of an EPS that is exempt from the 2016 standards to 
report to DOE the total number of EPS units shipped annually that are 
made available as service and spare parts and do not meet those 
standards. See 42 U.S.C. 6295(u)(5)(A)(ii). DOE may also limit the 
applicability of the exemption if the Secretary determines that the 
exemption is resulting in a significant reduction of the energy savings 
that would result were there no exemption to the new standards. See 42 
U.S.C. 6295(u)(5)(A)(iii). Finally, the statute authorizes DOE to 
provide a similar exemption from future EPS conservation standards.

II. Summary of the Notice of Proposed Rulemaking

    DOE is proposing to incorporate the statutory provisions described 
above into its regulations. DOE is also providing some clarification on 
the circumstances under which EPSs would be considered spare or service 
parts. DOE also proposes to require that importers and domestic 
manufacturers annually report to DOE the total units of exempt EPSs 
sold as service and spare parts that do not meet the 2016 standards.

III. Discussion

A. Codifying the Exemption in the CFR

    DOE is proposing to incorporate the provisions of the Service Parts 
Act into 10 CFR 430.32. This would help ensure that the regulations 
reflect the statutory exemption and that interested parties are able to 
readily access the content of this new statutory provision. It also 
ensures consistency with the similar exemption to the Class A EPS 
standards provided by Congress within EISA 2007, which was codified in 
the CFR.

B. Service or Spare Part EPSs

    The Service Parts Act provides an exemption for certain EPSs that 
are made available by manufacturers as service or spare parts. Most 
end-use products that use EPSs are sold with the EPS that is necessary 
to operate that product. In such a case, the EPS that is sold with the 
end-use product would not be considered to be an EPS made available as 
a spare or service part. However, any EPS that is sold separately from 
an end-use product, including an EPS made available as a replacement 
for, or in addition to, the EPS originally sold with an end-use product 
would be considered an EPS

[[Page 71986]]

made available as a service or spare part.
    Further, to clarify the application of this statutory exemption, 
only those EPSs that are made available as service or spare parts for 
end-use products that were manufactured before February 10, 2016 (the 
date that manufacturers must comply with the new and amended standards 
for direct operation EPSs) qualify for the Service Parts Act's 
exemption. If an EPS is made available as a service part or spare part 
for any end-use product that continues to be manufactured after 
February 10, 2016, or is sold with any end-use product manufactured 
after that date, that EPS would not be eligible for this exemption. 
Congress specifically limited the application of the exemption to those 
EPSs that the manufacturer makes available for an end-use product that 
constitutes the primary load of that end-use product so long as it was 
manufactured prior to February 10, 2016. See 42 U.S.C. 6295(u)(5)(A).
    Furthermore, DOE recognizes that many EPSs, like those that use an 
industry standard communication protocol such as the universal serial 
bus (USB), may be capable of operating many different end-use products. 
If the EPS is capable of operating multiple end-use products, some of 
which were manufactured before February 10, 2016, and some of which 
were manufactured after February 10, 2016, then that EPS would also not 
be eligible for the service and spare part exemption since the EPS can 
operate an end-use product manufactured after February 10, 2016. In 
order to clarify which EPSs are eligible for the exemption, DOE is 
proposing to clarify that this exemption would apply to an EPS basic 
model that a manufacturer makes available only as a service part or a 
spare part for an end-use product that was manufactured before February 
10, 2016, and would not apply to an EPS basic model that a manufacturer 
makes available as a service part or spare part for end-use products 
that continue to be manufactured after February 10, 2016. Specifically, 
an EPS would be exempt from the 2016 Level VI standard if, among other 
criteria, it is made available by the manufacturer only as a service 
part or a spare part for an end-use product, and only if the end-use 
product was manufactured before February 10, 2016.
    DOE seeks comment regarding how manufacturers produce spare or 
service parts as compared to how manufacturers produce EPS units 
provided with a new product. For example, do manufacturers typically 
produce a single EPS basic model that is both sold independently as a 
service/spare part for a given end-use product and packaged with a new 
end-use product? If a manufacturer typically produces a single EPS 
basic model, are those EPSs produced as a spare or service part 
labelled differently from those packaged with a new product?

C. Sales Reporting Requirements

    Additionally, the Service Parts Act permits DOE to require 
manufacturers of an EPS that is exempt from the 2016 standards to 
report to DOE the total number of EPS units shipped annually that are 
made available as service and spare parts and do not meet those 
standards. See 42 U.S.C. 6295(u)(5)(A)(ii). Consistent with that 
authority, DOE is proposing that importers and domestic manufacturers 
of EPSs that are exempt under the Service Parts Act report to DOE 
annually the total number of exempt EPS units sold that do not meet the 
amended standard. DOE considers the ``shipments'' referred to in the 
statute to be the units sold by either the importer or the domestic 
manufacturer. Because importers would have both incoming and outgoing 
shipments, DOE considers the ``units sold'' to be clearer than ``units 
shipped.'' DOE requests comment on this phrasing.
    Many of the EPSs involved are Class A EPSs and continue to be 
subject to the current Class A EPS standards (i.e. Level IV) set forth 
in 10 CFR 430.32(w)(1)(i) and associated certification requirements. 
Manufacturers of any basic model of such a Class A EPS must, therefore, 
submit an annual certification report to DOE as required under 10 CFR 
part 429. For these EPSs, submission of an annual certification report 
to DOE is required to qualify for the exemption. In addition to the 
annual certification report requirement for these EPSs, DOE is 
proposing to require each importer or domestic manufacturer to include 
in its annual certification report information the number of units of 
each individual model of exempt EPS it sold in the preceding year that 
do not meet the 2016 standards. The Service Parts Act authorizes DOE to 
limit the applicability of the service and spare part exemption if DOE 
determines that the exemption is resulting in a significant reduction 
of the energy savings that would otherwise result from the final rule. 
In assessing whether such a change would be needed, DOE plans to use 
the reported information to evaluate the exemption's impacts on energy 
savings.
    Similarly, DOE is proposing to require each importer or domestic 
manufacturer of non-Class A EPSs that are exempted by the Service Parts 
Act and do not meet the 2016 standards to submit an annual report of 
the corresponding number of units of each individual model of such EPS 
that the importer or domestic manufacturer sold in the prior year. 
Examples of these kinds of non-Class A EPSs include multiple-voltage 
EPSs, high-power EPSs, and some EPSs used to operate end-use products 
that are motor-driven. Under DOE's February 2014 final rule, these 
EPSs, unless exempt, are required to meet the Level VI standards 
starting in 2016. These non-class A EPSs would not be certified under 
the provisions of 10 CFR 429.12 (General requirements applicable to 
certification reports), if they are exempt. Therefore, consistent with 
the Service Parts Act, DOE is proposing to require that importers and 
domestic manufacturers report the total number of units sold in the 
year preceding the report. Specifically, DOE is proposing to add this 
reporting requirement to 10 CFR 429.37, with the product-specific 
certification requirements.
    DOE proposes that the reporting period for the sales information be 
from August 1 through July 31 of each year. This would allow importers 
and domestic manufacturers time to compile sales information and report 
the number of units sold and to align the submittal date with the 
annual certification report deadline of September 1 for Class-A EPSs. 
DOE seeks comment on this proposed reporting requirement.

IV. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    This rulemaking is not significant for purposes of Executive Order 
12866, Regulatory Planning and Review, 58 FR 51735 (Oct. 4, 1993). 
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.

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 (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

[[Page 71987]]

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.
    For manufacturers of EPSs, the Small Business Administration (SBA) 
has set a size threshold, which defines those entities classified as 
``small businesses'' for the purposes of the statute. DOE used the 
SBA's small business size standards to determine whether any small 
entities would be subject to the requirements of the rule. 65 FR 30836, 
30848 (May 15, 2000), as amended at 65 FR 53533, 53544 (Sept. 5, 2000) 
and codified at 13 CFR part 121. The size standards are listed by North 
American Industry Classification System (NAICS) code and industry 
description and are available at http://www.sba.gov/content/summary-size-standards-industry. EPS manufacturing is classified under NAICS 
335999, ``All Other Miscellaneous Electrical Equipment and Component 
Manufacturing.'' The SBA sets a threshold of 500 employees or less for 
an entity to be considered as a small business for this category.
    As a preliminary matter, DOE notes that there are no domestic 
manufacturers of EPSs. Consequently, there are no small business 
impacts to evaluate for purposes of the Regulatory Flexibility Act.
    Notwithstanding the absence of domestic EPS manufacturers, DOE 
reviewed this proposed rule under the provisions of the Regulatory 
Flexibility Act and the procedures and policies published on February 
19, 2003. This proposed rule would incorporate into DOE's regulations a 
statutorily-prescribed exemption affecting EPSs that manufacturers make 
available as service or spare parts. The exemption allows manufacturers 
to maintain and distribute supplies of replacement parts for older 
equipment without needing to meet the EPS energy conservation standards 
that will apply starting in 2016. This exemption provides manufacturers 
flexibility in meeting their warranty and contract obligations in cases 
where service or spare parts require an EPS. It also relieves 
manufacturers of the burdens of redesigning and certifying EPSs used 
for end-use products that are no longer manufactured starting in 2016, 
which DOE anticipates will save these manufacturers from any 
significant expenses that would otherwise be used to solely support 
products that are no longer in production.
    Consistent with its prior incorporation of the previous statutory 
exemption added by Congress for Class A EPSs made available as service 
and spare parts, see 10 CFR 430.32(w)(2) (2015), DOE expects any 
potential impact from its proposal to be minimal.
    For these reasons, DOE certifies that the proposed rule would not 
have a significant economic impact on a substantial number of small 
entities. Accordingly, DOE has not prepared a regulatory flexibility 
analysis for this rulemaking. DOE will transmit the certification and 
supporting statement of factual basis to the Chief Counsel for Advocacy 
of the SBA for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    This rule proposes to revise an existing information collection. 
This information collection request contains:
    (1) OMB Control Number: 1910-1400.
    (2) Information Collection Request Title: Certification Reports, 
Compliance Statements, Application for a Test Procedure Waiver, and 
Recordkeeping for Consumer Products and Commercial/Industrial Equipment 
Subject to Energy or Water Conservation Standards.
    (3) Type of Request: Revision of a Currently Approved Collection.
    (4) Purpose: Today's notice would require external power supply 
manufacturers to report the number of exempt EPS units sold as part of 
the annual certification report, which is already required. The annual 
certification report must be submitted via CCMS, an electronic system 
for recording and processing certification submissions.
    Manufacturers of EPSs must certify to DOE that their products 
comply with any applicable energy conservation standards. In certifying 
compliance, manufacturers must test their products according to the DOE 
test procedures for EPSs including any amendments adopted for those 
test procedures. DOE has established regulations for the certification 
and recordkeeping requirements for all covered consumer products and 
commercial equipment, including external power supplies. See 10 CFR 
part 429, subpart B. The collection-of-information requirement for 
certification and recordkeeping is subject to review and approval by 
OMB under the Paperwork Reduction Act (PRA). This requirement has been 
approved by OMB under OMB Control Number 1910-1400. Public reporting 
burden for the proposed certification requirement is estimated to 
average 30 hours per response, including the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    In today's notice, DOE is proposing to require external power 
supply manufacturers to provide the total number of exempt EPS units 
sold as service and spare parts for each basic model for which the 
manufacturer is claiming exemption from the current standards. The 
following are DOE estimates of the increased time (over the existing 
approved information collection) for manufacturers to collect, organize 
and store the data required by today's notice of proposed rulemaking.
    Affected Public: Manufacturers of external power supplies that are 
claiming the spare parts exemption.
    Estimated Number of Impacted Manufacturers: 1028.
    Estimated Time per Record: 4 minutes.
    Estimated Total Annual Burden Hours: 69 hours.
    Estimated Total Annual Cost to the Manufacturers: $500.
    This revision would yield the following totals for the information 
collection:

(5) Annual Estimated Number of Respondents: 3028
(6) Annual Estimated Number of Total Responses: 20,000
(7) Annual Estimated Number of Burden Hours: 68,069 hours
(8) Annual Estimated Reporting and Recordkeeping Cost Burden: 
$6,800,500

    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    DOE has determined that this proposal, which would incorporate a 
recently-enacted exemption into the CFR for EPSs sold as spare or 
service parts, 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 regulations at 10 
CFR part 1021. Specifically, this proposed rule would adopt changes to 
the manner in which certain covered equipment would be certified and/or 
reported, which would not affect the amount, quality or distribution of 
energy usage, and, therefore, would not result in any environmental 
impacts. Thus, this

[[Page 71988]]

rulemaking is covered by Categorical Exclusion A6 (Procedural 
Rulemaking) under 10 CFR part 1021, subpart D. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 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 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. DOE has examined this proposed rule and has 
determined that it would not have a substantial direct effect on the 
States, on the relationship between the national 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 
products that are the subject of today's proposed 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(d)) No further 
action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), 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; (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 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 standards in 
sections 3(a) and 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, 
the proposed 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. Public Law 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 proposed ``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; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined this 
proposed rule according to UMRA and its statement of policy and 
determined that the proposed rule contains neither an intergovernmental 
mandate, nor a mandate that may result in the expenditure of $100 
million or more in any year, so these requirements do 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 proposed 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 proposed regulation 
would not result in any takings that might require compensation under 
the Fifth Amendment to the U.S. Constitution.

J. Review Under 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 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 proposed 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 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 promulgated 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 proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on

[[Page 71989]]

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.
    This proposed regulatory action to amend the existing certification 
requirements for EPSs sold as spare parts is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse effect on the supply, distribution, or use 
of energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition. This proposal to amend the certification requirements for 
all covered consumer products does not propose the use of any 
commercial standards.

V. Public Participation

    DOE will accept comments, data, and information regarding this 
proposed rule no later than the date provided in the DATES section at 
the beginning of this proposed rule. Interested parties may submit 
comments using any of the methods described in the ADDRESSES section at 
the beginning of this proposed rule.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact you for clarification, DOE 
may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. 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 via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about 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 by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

[[Page 71990]]

VI. Approval of the Office of the Secretary

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

List of Subjects

10 CFR Part 429

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Reporting and recordkeeping requirements.

10 CFR Part 430

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

    Issued in Washington, DC, on November 10, 2015.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
parts 429 and 430 of Chapter II of Title 10, Code of Federal 
Regulations as set forth below:

PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER 
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 429 continues to read as follows:

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

0
2. Section 429.37 is amended by adding paragraphs (b)(3) and (c) to 
read as follows:


Sec.  429.37  External power supplies.

* * * * *
    (b) * * *
    (3) Pursuant to Sec.  429.12(b)(13), a certification report for 
external power supplies that are exempt from the energy conservation 
standards at Sec.  430.32(w)(1)(ii) pursuant to Sec.  430.32(w)(2) must 
include the following additional product-specific information: The 
number of units of each individual model of exempt external power 
supplies sold during the most recent 12-calendar-month period ending on 
July 31.
    (c) Exempt External Power Supplies. For each individual model of 
external power supply that is exempt from energy conservation standards 
pursuant to Sec.  430.32(w)(2) and has not been certified pursuant to 
Sec.  429.12(a) as compliant with an applicable standard, the importer 
or domestic manufacturer must, no later than September 1, 2017, and 
annually thereafter, submit a report providing the following 
information:
    (1) The importer or domestic manufacturer's name and address;
    (2) The brand name;
    (3) The model number;
    (4) The average active mode efficiency as a percentage (%);
    (5) No-load mode power consumption in watts (W);
    (6) The nameplate output power in watts (W);
    (7) The nameplate output current in aperes (A); and
    (8) The number of units sold during the most recent 12-calendar-
month period ending on July 31. The report must be submitted to DOE in 
accordance with the submission procedures set forth in Sec.  429.12(h).

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
3. 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
4. Section 430.32 is amended by revising paragraph (w)(2) to read as 
follows:


Sec.  430.32  Energy and water conservation standards and their 
compliance dates.

* * * * *
    (w) * * *
    (2) A basic model of external power supply is not subject to the 
energy conservation standards of paragraph (w)(1)(ii) of this section 
if the external power supply--
    (i) Is manufactured during the period beginning on February 10, 
2016, and ending on February 10, 2020;
    (ii) Is marked in accordance with the External Power Supply 
International Efficiency Marking Protocol, as in effect on February 10, 
2016;
    (iii) Meets, where applicable, the standards under paragraph 
(w)(1)(i) of this section, and has been certified to the Secretary as 
meeting those standards; and
    (iv) Is made available by the manufacturer only as a service part 
or a spare part for an end-use product that--
    (A) Constitutes the primary load; and
    (B) Was manufactured before February 10, 2016.
* * * * *
[FR Doc. 2015-29303 Filed 11-17-15; 8:45 am]
 BILLING CODE 6450-01-P