[Federal Register Volume 72, Number 117 (Tuesday, June 19, 2007)]
[Proposed Rules]
[Pages 33696-33700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-11772]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 72, No. 117 / Tuesday, June 19, 2007 /
Proposed Rules
[[Page 33696]]
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
10 CFR Part 436
RIN 1904-AB68
Federal Procurement of Energy Efficient Products
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy (DOE).
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Energy today publishes proposed regulations
to promote Federal procurement of energy efficient products. Today's
proposal would establish a requirement for Federal agencies to report
implementation of amendments to the National Energy Conservation Policy
Act (NECPA) that require Federal agencies to procure ENERGY STAR
qualified and Federal Energy Management Program (FEMP) designated
products in procurements involving energy consuming products and
systems. Today's notice of proposed rulemaking also provides draft
guidance for Federal agencies on implementing the procurement
requirements of NECPA.
DATES: Public comment on this proposed rule must be received by August
20, 2007.
ADDRESSES: You may submit comments, identified by RIN 1904-AB68, by any
of the following methods:
Federal eRulemaking Portal: http:/www.regulations.gov.
Follow the instructions for submitting comments.
E-mail to [email protected]. Include RIN 1904-AB68
in the subject line of the e-mail. Please include the full body of your
comments in the text of the message or as an attachment.
Mail: Address written comments to Mr. Cyrus Nasseri, U.S.
Department of Energy, Office of Federal Energy Management Program,
Mailstop EE-2L, 1000 Independence Avenue, SW., Washington, DC 20585-
0121.
Hand Delivery/Courier: Mr. Cyrus Nasseri, U.S. Department
of Energy, Federal Energy Management Program, Room 1M-048, 1000
Independence Avenue, SW., Washington, DC 20585-0121.
Instructions: All submissions must include the agency name and
docket number or Regulatory Information Number (RIN) for this
rulemaking.
Due to potential security-related delays in DOE's receipt and
processing of mail sent through the U.S. Postal Service, DOE encourages
respondents to submit comments electronically to ensure timely receipt.
This notice of proposed rulemaking (NOPR) and any comments that DOE
receives are being made available on the FEMP Web site at: http://www.eere.energy.gov/femp/about/legislation.html. You also may obtain
copies of comments by contacting Mr. Cyrus Nasseri.
FOR FURTHER INFORMATION CONTACT: Mr. Cyrus Nasseri, U.S. Department of
Energy, Office of Federal Energy Management Program, Mailstop EE-2L,
1000 Independence Avenue, SW., Washington, DC 20585-0121; (202) 586-
1573 or [email protected], or Mr. Chris Calamita, U.S.
Department of Energy, Office of the General Counsel, Mailstop GC-72,
1000 Independence Avenue, SW., Washington, DC 20585-0121; 202-586-1777
or [email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction and Background
II. Proposed Regulations
III. Draft Guidance
IV. Public Comment Procedures
V. Regulatory Review
VI. Approval by the Office of the Secretary
I. Introduction and Background
A. The Energy Policy Act of 2005
The Energy Policy Act of 2005 (EPACT) (Pub. L. 109-58; August 8,
2005), amended Part 3 of title V of NECPA (42 U.S.C. 8251-8259) by
adding section 553. Section 553 of NECPA requires each Federal agency
to procure ENERGY STAR qualified or FEMP designated products, unless
the head of the agency determines in writing that a statutory exception
applies. (42 U.S.C. 8259b(b)(1)). Further, each agency is required to
incorporate into the specifications of all procurements involving
energy consuming products and systems, and into the factors for
evaluation of offers received for such procurements, criteria for
energy efficiency that are consistent with the criteria used for rating
ENERGY STAR qualified products and for rating FEMP designated products.
(42 U.S.C. 8259b(b)(3)). Section 553 also requires that all inventories
or listings of products operated and maintained by the General Services
Administration (GSA) and the Defense Logistics Agency (DLA) clearly
identify and prominently display ENERGY STAR qualified and FEMP
designated products in any listing or inventory of products, and it
requires GSA and DLA to supply only ENERGY STAR qualified and FEMP
designated products in all covered product categories, except in cases
in which an exception applies. (42 U.S.C. 8259b(c)).
Section 553 of NECPA contains two exceptions to the requirement to
procure only ENERGY STAR qualified and FEMP designated products, and it
excludes a specific category of energy consuming products from
coverage. A procurement may be excepted if the head of an agency finds
in writing that either: (1) An ENERGY STAR qualified product or FEMP
designated product is not cost-effective over the life of the product
taking energy cost savings into account; or (2) no ENERGY STAR
qualified product or FEMP designated product is reasonably available
that meets the functional requirements of the agency. (42 U.S.C.
8259b(b)(2)). In addition, section 553 excludes from the definition of
products subject to these requirements any energy consuming product or
system designed or procured for combat or combat-related missions. (42
U.S.C. 8259b(a)(5)).
In the subsection entitled ``REGULATIONS,'' section 553 of NECPA
directs the Secretary of Energy to issue guidelines to carry out the
statute. (42 U.S.C. 8259b(e)). The procurement requirements that NECPA
section 553 imposes on agencies and the additional requirements it
imposes on GSA and DLA are self-executing, and no implementing
regulations are necessary to implement those requirements. However,
this document proposes amendments to 10 CFR part 436, Federal Energy
Management and Planning Programs, to establish a requirement for
Federal agencies to report their compliance with aspects of
[[Page 33697]]
section 553. This document also proposes guidance for Federal agencies
on the implementation of section 553.
B. ENERGY STAR Qualified and FEMP Designated Products
In 1992, the United States Environmental Protection Agency (EPA)
introduced ENERGY STAR as a voluntary labeling program designed to
identify and promote energy efficient products to reduce greenhouse gas
emissions. The ENERGY STAR label is now on major appliances, office
equipment, lighting, home electronics, and other products. Through
partnerships with private and public sector organizations, the ENERGY
STAR Program provides technical information and tools for organizations
and consumers to choose energy efficient solutions and best management
practices.
In 1996, EPA partnered with DOE's FEMP program to develop labels
and Federal purchasing specifications for particular product
categories. In 1999, the partnership between EPA and DOE was furthered
by Executive Order 13123, ``Greening the Government Through Efficient
Energy Management,'' which directed EPA and DOE to expedite the process
of designating products as ENERGY STAR qualified and to merge their
efficiency rating procedures (E.O. 13123, Sec. 403(b)(1), 64 FR 30851
(June 8, 1999)). That Executive Order was recently replaced with
Executive Order 13423, ``Strengthening Federal Environmental, Energy,
and Transportation Management,'' which requires among other things that
in acquisitions of goods and services Federal agencies use sustainable
environmental practices, including acquisition of biobased,
environmentally preferable, energy-efficient, water-efficient, and
recycled-content products.\1\ 72 FR 3919 (January 26, 2007).
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\1\ Eexecutive Order 13423 revoked Executive Order 13123.
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In EPACT, Congress established statutory parameters for the ENERGY
STAR program. (42 U.S.C. 6294a). The statute prescribes the program
duties of the Administrator of EPA and the Secretary of Energy;
requires the solicitation of public comment before an ENERGY STAR
product category, specification or criterion is established or revised;
and establishes a lead time before a new or significant revision of a
product category, specification, or criterion may become effective.
Currently, ENERGY STAR qualified and FEMP designated products cover
62 types of products in the following categories: (1) Lighting; (2)
commercial and industrial equipment; (3) food service equipment; (4)
office equipment; (5) home electronics; (6) appliances; (7) residential
equipment; (8) plumbing; and (9) construction products. ENERGY STAR
qualified and FEMP designated products have been determined to be life-
cycle cost-effective in normal usage. However, purchasers are
encouraged to evaluate products according to their specific
applications and circumstances. Life-cycle cost calculators for many of
the ENERGY STAR qualified and FEMP designated products can be accessed
at: http://www.eere.energy.gov/femp/procurement/eep_eccalculators.cfm.
II. Proposed Regulations
As discussed above, NECPA section 553(e), entitled ``REGULATIONS,''
directs DOE to issue guidelines to carry out the section. (42 U.S.C.
8259b(e)). Today's document provides draft guidance to assist Federal
agencies in complying with the procurement requirements established in
section 553(e). Additionally, DOE is proposing a reporting requirement
to track agency compliance with the procurement requirements.
NECPA section 553 applies to the procurement of energy consuming
products. Section 553 defines ``product'' as excluding energy consuming
products or systems designed or procured for combat or combat-related
missions. (42 U.S.C. 8259b(a)(5)). For the purpose of the reporting
requirement, today's proposal would further define ``product'' as an
energy consuming product or system that is in a category covered by the
ENERGY STAR or FEMP program, i.e., a ``covered product.'' Covered
products are those energy consuming products that the ENERGY STAR or
FEMP programs determined to hold the greatest promise for energy
savings. The range of life-cycle costs associated with products in the
categories covered by the ENERGY STAR and FEMP programs is usually
significant. Both programs will continue to review market trends and
product availability, and may determine that additional products should
be added to the list of covered products.
Section 553 establishes general procurement requirements for all
Federal agencies and for Federal catalog and ordering systems. For the
purpose of the proposed reporting requirement, DOE defines ``agency''
consistent with the definition contained in Title 5 of the United
States Code. 5 U.S.C. 551(1) The 5 U.S.C. 551(1) definition and the
proposed definition essentially limit the term ``agency'' to mean any
Executive Branch agency. Section 553(a)(1) specifies a definition of
agency that includes an agency under any branch of the Government
(including a congressional agency), and is inappropriate for the
proposed regulation given the authority of DOE. (42 U.S.C. 8259b(a)(1))
Moreover, the definition of ``agency'' in 5 U.S.C. 551(1) is
incorporated by reference into subchapter III, Federal Energy
Initiative, of Chapter 91 of Title 42 of the United States Code, which
includes section 553. The other branches of the Government may, in
their discretion, use DOE's proposed regulation and draft guidance in
implementing section 553.
As stated above, section 553 of NECPA contains two exceptions to
the requirement to procure only ENERGY STAR qualified and FEMP
designated products. In order to track exceptions, DOE is proposing
reporting requirements to track the exception findings made by agency
heads. Under the proposed section 436.42, ``Reporting Requirement,''
agency officials would be required to document the number, monetary
value, and the product description of excepted procurements, as well as
the reasons the exceptions were granted. This information would be
required to be included in an agency's annual report to the DOE under
the applicable Executive Order. This information would help DOE and EPA
determine if there is a need for revisions to ENERGY STAR qualified or
FEMP designated products. It would also help determine the level of
compliance with section 553.
III. Draft Guidance
Section 553(b) requires that when agencies procure energy consuming
products, either directly or through part of a larger contract (e.g.,
construction, renovation, and service or maintenance contracts) that
they procure either an ENERGY STAR qualified product or a FEMP
designated product. (42 U.S.C. 8259b(b)(1)). Section 553(c) requires
GSA and DLA to clearly identify and prominently display ENERGY STAR
qualified and FEMP designated products in any inventory or listing of
products by these agencies and that they supply only ENERGY STAR
qualified and FEMP designated products when appropriate. (42 U.S.C.
8259b(c)). DOE encourages agencies other than GSA and DLA that operate
procurement ordering systems to achieve the goals of section 553. The
discussion below provides draft guidance for Federal agencies in
complying with section 553.
Paragraph (d) in section 553 also establishes requirements for the
procurement of specific products. (42 U.S.C. 8259b(d)). DOE has
addressed
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that paragraph in a previous rulemaking published in the Federal
Register on August 18, 2006. 71 FR 47791.
A. Procurements
Requirements for Federal procurement are governed, in part, by the
Federal Acquisition Regulations (FAR). 48 CFR part 1 et seq. Currently,
FAR includes energy efficient procurement requirements at FAR Sec.
23.203, which were based on the provisions of Executive Order 13123 and
Executive Order 13221, ``Energy Efficient Standby Power Devices,'' 66
FR 40571 (August 2, 2001). DOE anticipates that the FAR Council will
update the FAR to reflect the requirements in section 553. To date, DOE
has worked closely with members of the FAR Council to ensure a
consistent interpretation of the legislative language. If the FAR
revisions are finalized prior to issuance of a final rule for 10 CFR
part 436, DOE will ensure that this guidance is consistent with the
FAR.
Federal agencies are generally required to procure an ENERGY STAR
qualified or FEMP designated product whenever procuring a covered
product. Additionally, products furnished by contractors while
performing at a federally controlled facility should be qualified
products regardless of whether the government receives title at the end
of contract performance. A list of product categories, which contain
ENERGY STAR qualified and FEMP designed products, is located at http://www1.eere.energy.gov/femp/pdfs/eep_productfactsheet.pdf.
To identify actual products that are ENERGY STAR rated, potential
purchasers can go to http://www.energystar.gov/products.
Currently, there is no companion list of FEMP designated products,
but the FEMP specifications for energy efficiency products are located
at http://www.eere.energy.gov/femp/procurement/eep_requirements.cfm.
B. Procurement Planning
In addition to establishing requirements for the actual procurement
of certain products, section 553(b)(3) directs heads of agencies to
incorporate into the specifications for all procurements involving
covered products criteria for energy efficiency that are consistent
with the criteria used to rate ENERGY STAR products and FEMP designated
products. (42 U.S.C. 8259b(b)(3)). This requirement applies to general
specifications, project specifications, and construction, renovation
and service contracts that involve the procurement of covered products.
Agencies should consider this requirement to apply to:
Design, design/build, renovation, retrofit and services
contracts; facility maintenance and operations contracts; as well as
energy savings performance contracts and utility energy service
contracts.
If applicable, lease agreements for buildings or
equipment, including build-to-lease contracts, such as those used to
implement the Military Housing Privatization Initiative.
Further, agencies should modify existing multi-year contracts and
contracts with multiple option years, if possible, to require the
procurement of ENERGY STAR and FEMP designated products when an option
year is awarded, and at other times if the agency determines it is
appropriate.
As directed by section 553(b)(3), Federal agencies should include
criteria for energy efficiency that are consistent with the criteria
used for rating qualified products in the factors for the evaluation
of:
Offers received for procurements involving covered
products, and
Offers received for construction, renovation, and services
contracts that include provisions for covered products.
Agencies should notify their vendors of the Federal requirements
for energy efficient purchasing.
Guidance is available for developing model contract language for
contracts which involve covered products. Model contract language for
all ENERGY STAR qualified and FEMP designated products can be found at
http://www.eere.energy.gov/femp/procurement/eep_modellang.cfm.
Moreover, there are guide specification requirements which have already
been incorporated in existing specifications such as the Unified
Facilities Guide Specifications, which are available at http://www.wbdg.org/ccb/browse_org.php?o=70, and EPA's Federal Guide for
Green Construction Specifications, which is available at http://www.wbdg.org/design/greenspec.php.
Further, FEMP offers a series of training opportunities for
procurement staff that are listed at http://www.eere.energy.gov/femp/services/training_catalog.html. New classes are periodically added to
the Web site. Procurement officials are encouraged to take advantage of
these training opportunities, which can provide a useful context to
understand the benefits of energy efficient technologies and the
innovative financing strategies available to fund them.
Although energy consuming products or systems that are designed or
procured for combat or combat-related missions are not subject to the
requirements of this subpart (see Sec. 436.40 of this subpart), DOE
encourages the Department of Defense to incorporate energy efficiency
criteria into procurements of combat-related equipment, to the extent
practicable.
C. Exceptions
As stated above, section 553 provides for exceptions to the
procurement requirements. Under the statute, an agency may only procure
an energy consuming product that is not an ENERGY STAR qualified or
FEMP designated product if the head of the agency finds in writing that
an exception applies. (42 U.S.C. 8259b(b)(2)). Under section 553(b)(2)
a written exception can only be made if one of two criteria are met.
(42 U.S.C. 8259b(b)(2)). The first criterion requires an agency head to
find that a product is not life-cycle cost-effective in the application
for which it will be used. (42 U.S.C. 8259b(b)(2)(A)). Although ENERGY
STAR qualified and FEMP designated products are life-cycle cost-
effective under normal use conditions, they may not be if used in a
specialized way or for very limited hours. When making a determination
that a product is not life-cycle cost-effective, an agency should rely
on the life-cycle cost analysis method in part 436, subpart A, or
another method determined by the agency to be equivalent. The second
criterion requires an agency head to find that there is no ENERGY STAR
qualified or FEMP designated product reasonably available that meets
the functional requirements of the agency. (42 U.S.C. 8259b(b)(2)(B))
IV. Public Comment Procedures
A. Written Comments
Interested persons are invited to participate in this proceeding by
submitting data, views, or arguments. Written comments should be
submitted to the address and in the form indicated in the ADDRESSES
section of this notice of proposed rulemaking. To help DOE review the
comments, interested persons are asked to refer to specific proposed
rule provisions, if possible.
If you submit information that you believe to be exempt by law from
public disclosure, you should submit one complete copy, as well as one
copy from which the information claimed to be exempt by law from public
disclosure has been deleted. DOE is responsible for the final
determination with regard to disclosure or nondisclosure of the
information and for treating it accordingly under the DOE Freedom of
[[Page 33699]]
Information regulations at 10 CFR 1004.11.
V. Regulatory Review
A. Executive Order 12866
This proposed regulatory action has been determined to be a
``significant regulatory action'' under Executive Order 12866,
Regulatory Planning and Review, 58 FR 51735 (October 4, 1993).
Accordingly, this action was subject to review under the Office of
Information and Regulatory Affairs (OIRA) in the Office of Management
and Budget (OMB).
B. National Environmental Policy Act
DOE has initially determined that this proposed 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. That Categorical Exclusion applies to rulemakings that
are strictly procedural, such as rulemaking establishing a reporting
requirement applicable to contracting practices for the purchase of
goods and services. The proposed rule would establish a reporting
requirement for Federal agencies that would assist DOE in tracking
compliance with the requirements of section 553, to procure energy
efficient products and develop procurement practices which facilitate
the purchase of energy efficient products. The proposed rule would not
establish any procurement requirements. Accordingly, DOE has not
prepared an environmental assessment or an environmental impact
statement.
C. 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. (5 U.S.C.
605(b)). 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 General
Counsel's Web site: http://www.gc.doe.gov.
DOE has reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. Today's proposed regulations for reporting of agency
procurement of energy efficient products would apply only to Federal
agencies. Today's proposal would not impact small entities. In
addition, the proposal only facilitates Federal agency compliance with
a statutory mandate to procure ENERGY STAR qualified and FEMP
designated products. On the basis of the foregoing, DOE certifies that
this 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's
certification and supporting statement of factual basis will be
provided to the Chief Counsel for Advocacy of the Small Business
Administration pursuant to 5 U.S.C. 605(b).
D. Paperwork Reduction Act
Proposed 10 CFR 436.42 would require Federal agencies to annually
report on the progress of their efforts to implement the procurement
requirements of NECPA section 553, including specific information about
any exceptions that were determined during the reporting year. The
proposed rule requires agencies to report on the status of their
efforts to meet the requirements of section 553. This status is added
to an existing report. However, because this information is to be
collected from Federal agencies as part of the annual energy report to
the President pursuant to the applicable Executive Order and is to be
collected only to improve the internal management of the executive
branch and is not used for general statistical purposes, the Paperwork
Reduction Act requirements would not apply. Accordingly, OMB clearance
is not required.
E. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) generally
requires Federal agencies to examine closely the impacts of regulatory
actions on State, local, and tribal governments, or the private sector.
Subsection 101(5) of title I of that law defines a Federal
intergovernmental mandate to include any regulation that would impose
upon State, local, or tribal governments an enforceable duty, except a
condition of Federal assistance or a duty arising from participating in
a voluntary Federal program. Title II of that law requires each Federal
agency to assess the effects of Federal regulatory actions on State,
local, and tribal governments, in the aggregate, or to the private
sector, other than to the extent such actions merely incorporate
requirements specifically set forth in a statute. Section 202 of that
title requires a Federal agency to perform a detailed assessment of the
anticipated costs and benefits of any rule that includes a Federal
mandate which may result in costs to State, local, or tribal
governments, or to the private sector, of $100 million or more. Section
204 of that title requires each agency that proposes a rule containing
a significant Federal intergovernmental mandate to develop an effective
process for obtaining meaningful and timely input from elected officers
of State, local, and tribal governments.
This proposed rule would not impose a Federal mandate on State,
local, or tribal governments or the private sector. Accordingly, no
assessment or analysis is required under the Unfunded Mandates Reform
Act of 1995.
F. 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 proposed rule that may affect family
well-being. The 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.
G. 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. Agencies are required to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and carefully assess
the necessity for such actions. DOE has examined this proposed rule and
has determined that it would not preempt State law and 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. No further
action is required by Executive Order 13132.
H. Executive Order 12988
With respect to the review of existing regulations and the
promulgation of
[[Page 33700]]
new regulations, section 3(a) of Executive Order 12988, ``Civil Justice
Reform,'' 61 FR 4729 (February 7, 1996), imposes on Executive 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. Section 3(a), 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
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 proposed rule meets the relevant standards of Executive Order
12988.
I. Treasury and General Government Appropriations Act, 2001
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 (February 22, 2002), and DOE's guidelines
were published at 67 FR 62446 (October 7, 2002). DOE has reviewed
today's proposed rule under the OMB and DOE guidelines, and has
concluded that it is consistent with applicable policies in those
guidelines.
J. 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 the OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use. Today's regulatory
action would not have a significant adverse effect on the supply,
distribution, or use of energy and is therefore not a significant
energy action. Accordingly, DOE has not prepared a Statement of Energy
Effects.
VI. Approval by the Office of the Secretary
The issuance of this proposed rule has been approved by the Office
of the Secretary.
Issued in Washington, DC, on May 11, 2007.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
List of Subjects in 10 CFR Part 436
Energy conservation, Federal buildings and facilities, Reporting
and recordkeeping requirements, Solar energy.
For the reasons set forth in the preamble, DOE proposes to amend
Chapter II of Title 10 of the Code of Federal Regulations as set forth
below.
PART 436--FEDERAL ENERGY MANAGEMENT AND PLANNING PROGRAMS
1. The authority citation for part 436 is revised to read as
follows:
Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 8258; 42 U.S.C.
8259b.
2. Subpart C is added to part 436 to read as follows:
Subpart C--Agency Procurement of Energy Efficient Products
Sec.
436.40 Purpose and scope.
436.41 Definitions.
436.42 Reporting requirement.
Sec. 436.40 Purpose and scope.
This subpart promotes the procurement of energy efficient products
by Federal agencies and promotes procurement practices which facilitate
the procurement of energy efficient products, consistent with the
requirements in section 553 of the National Energy Conservation Policy
Act. (42 U.S.C. 8259b.)
Sec. 436.41 Definitions.
Agency means each authority of the Government of the United States,
whether or not it is within or subject to review by another agency, but
does not include--
(1) The Congress;
(2) The courts of the United States;
(3) The governments of the territories or possessions of the United
States;
(4) The government of the District of Columbia.
Covered product means a product that is of a category for which an
ENERGY STAR qualification or FEMP designation is established.
ENERGY STAR qualified product means a product that is rated for
energy efficiency under an ENERGY STAR program established by section
324A of the Energy Policy and Conservation Act (42 U.S.C. 6294a).
FEMP designated product means a product that is designated under
the Federal Energy Management Program as being among the highest 25
percent of equivalent products for energy efficiency.
Sec. 436.42 Reporting requirement.
(a) Each agency must report on its progress toward implementing the
procurement requirements of section 553 of the National Energy
Conservation Policy Act (42 U.S.C. 8259b) in its annual report on
energy management to the President under the appropriate Executive
Order. The report must include:
(1) The number of covered product for which exceptions were found
by the head of the agency under section 42 U.S.C. 8259b(b)(2);
(2) The monetary value of the excepted procurements;
(3) A description of the products for which exceptions were
granted; and
(4) The reasons the exceptions were granted.
(b) Each agency must also report compliance with this section as
may be required by the Office of Management and Budget, including as
part of the Environmental Stewardship Score Card.
[FR Doc. E7-11772 Filed 6-18-07; 8:45 am]
BILLING CODE 6450-01-P