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Federal Register / Vol. 86, No. 177 / Thursday, September 16, 2021 / Proposed Rules
determined that air cleaners qualify as a covered product under Part A of Title III of the Energy Policy and Conservation Act EPCA, as amended. DOE has tentatively determined that coverage of air cleaners is necessary and appropriate to carry out the purposes of EPCA, and that the average U.S. household energy use for air cleaners is likely to exceed 100
kilowatt-hours per year.
DATES: Written comments, data, and information are requested and will be accepted on or before November 15, 2021.
Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov. Follow the instructions for submitting comments.
Alternatively, interested persons may submit comments, identified by docket number EERE2021BTDET0022, by any of the following methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the instructions for submitting comments.
2. Email: to AirCleaners2021DET0022@ee.doe.gov.
Include docket number EERE2021BT
DET0022 in the subject line of the message.
No telefacsimiles faxes will be accepted. For detailed instructions on submitting comments and additional information on this process, see section VI of this document.
Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including postal mail and hand delivery/courier, DOE
has found it necessary to make temporary modifications to the comment submission process in light of the ongoing COVID19 pandemic. DOE
is currently suspending receipt of public comments via postal mail and hand delivery/courier. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at 202 586
1445 to discuss the need for alternative arrangements. Once the COVID19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier.
Docket: The docket, which includes Federal Register notices, comments, and other supporting documents/
materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as
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information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE2021-BT-DET-0022. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section VI, Public Participation, for further information on how to submit comments through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Dr. Stephanie Johnson, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE2J, 1000
Independence Avenue SW, Washington, DC 205850121.
Telephone: 202 2871943. Email:
ApplianceStandardsQuestions@
ee.doe.gov.
Ms. Linda Field, U.S. Department of Energy, Office of the General Counsel, GC33, 1000 Independence Avenue SW, Washington, DC 205850121.
Telephone: 202 5863440. Email:
Linda.Field@hq.doe.gov.
For further information on how to submit a comment or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at 202 287
1445 or by email:
ApplianceStandardsQuestions@
ee.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Statutory Authority II. Current Rulemaking Process III. Scope of Coverage IV. Evaluation of Air Cleaners as a Covered Product Subject to Energy Conservation Standards A. Coverage Necessary or Appropriate To Carry Out Purposes of EPCA
B. Average Household Energy Use C. Preliminary Determination V. Procedural Issues and Regulatory Review A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government Appropriations Act of 1999
I. Review Under Executive Order 12630
J. Review Under the Treasury and General Government Appropriations Act of 2001
K. Review Under Executive Order 13211
L. Information Quality VI. Public Participation A. Submission of Comments B. Issues on Which DOE Seeks Comments
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VII. Approval of the Office of the Secretary
I. Statutory Authority EPCA 1 authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. 42 U.S.C. 6291
6317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency for certain consumer products, referred to generally as covered products. 3 In addition to specifying a list of consumer products that are covered products, EPCA
contains provisions that enable the Secretary of Energy to classify additional types of consumer products as covered products. For a given consumer product to be classified as a covered product, the Secretary must determine that:
1 Classifying the product as a covered product is necessary or appropriate to carry out the purposes of EPCA; and 2 The average annual perhousehold 4 energy use by products of such type is likely to exceed 100
kilowatt-hours kWh or its British thermal unit Btu equivalent per year. 42 U.S.C. 6292b1
When attempting to cover additional consumer product types, DOE must first determine whether these criteria from 42 U.S.C. 6292b1 are met. Once a determination is made, the Secretary may prescribe test procedures to measure the energy efficiency or energy use of such product. 42 U.S.C.
1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.
2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.
3 The enumerated list of covered products is at 42
U.S.C. 6292a119.
4 DOE has defined household to mean an entity consisting of either an individual, a family, or a group of unrelated individuals, who reside in a particular housing unit. For the purpose of this definition:
1 Group quarters means living quarters that are occupied by an institutional group of 10 or more unrelated persons, such as a nursing home, military barracks, halfway house, college dormitory, fraternity or sorority house, convent, shelter, jail or correctional institution.
2 Housing unit means a house, an apartment, a group of rooms, or a single room occupied as separate living quarters, but does not include group quarters.
3 Separate living quarters means living quarters:
i To which the occupants have access either:
A Directly from outside of the building, or B Through a common hall that is accessible to other living quarters and that does not go through someone elses living quarters, and ii Occupied by one or more persons who live and eat separately from occupants of other living quarters, if any, in the same building. 10 CFR 430.2.

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