[Federal Register Volume 71, Number 118 (Tuesday, June 20, 2006)]
[Notices]
[Pages 35419-35420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9637]


-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy

[Docket No. EE-RM-PET-100]


Energy Efficiency Program for Consumer Products: California 
Energy Commission Petition for Exemption From Federal Preemption of 
California's Water Conservation Standards for Residential Clothes 
Washers

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Energy (hereafter ``the Department'') 
announces the extension of the time period for evaluation and decision 
on the disposition of the California Energy Commission's Petition for 
Exemption from Federal Preemption of California's Water Conservation 
Standards for Residential Clothes Washers (hereafter ``California 
Petition''). In accordance with section 327(d)(2) of the Energy Policy 
and Conservation Act (hereafter ``EPCA''), the Department is extending 
the time period for issuing a decision on the California Petition from 
June 23, 2006, to December 23, 2006. The Department is extending this 
time period in order to allow it adequate time to evaluate the 
California Petition in light of public comments received on the 
California Petition and the California Energy Commission's (hereafter 
``CEC'') rebuttal comments received by the Department on May 15, 2006.

DATES: The Department is extending the time period of evaluation of the 
California Petition from June 23, 2006 to December 23, 2006.

ADDRESSES: For access to the docket to read background documents 
relevant to

[[Page 35420]]

this matter; go to the U.S. Department of Energy, Forrestal Building, 
Room 1J-018 (Resource Room of the Building Technologies Program), 1000 
Independence Avenue, SW., Washington, DC 20585-0121, telephone number 
(202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. Please call Ms. Brenda Edwards-Jones at the 
above telephone number for additional information regarding visiting 
the Resource Room. Please note that the Department's Freedom of 
Information Reading Room (formerly Room 1E-190 at the Forrestal 
Building) is no longer housing rulemaking materials.
    Electronic copies of the California Petition are available online 
at either the Department of Energy's Web site at the following URL 
address: http://www.eere.energy.gov/buildings/appliance_standards/state_petitions.html or the CEC's Web site at the following URL 
address: http://www.energy.ca.gov/appliances/2005-09-13_PETITION_CLOTHES_WASHERS.PDF. An electronic copy of California's water plan 
update and related material is available online at the California 
Department of Water Resources Web site at the following URL address: 
http://www.waterplan.water.ca.gov/. Electronic copies of comments 
received by the Department on California's Petition and the California 
Energy Commission's rebuttal statement are available online at the 
following URL address: http://www.eere.energy.gov/buildings/appliance_standards/state_petitions.html.

FOR FURTHER INFORMATION CONTACT: Bryan Berringer, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121, (202) 586-0371. E-mail: [email protected]. Thomas 
DePriest, Esq., U.S. Department of Energy, Office of General Counsel, 
GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 
586-9507, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:
    I. Authority
    II. Background

I. Authority

    Part B of Title III of EPCA established the Energy Conservation 
Program for Consumer Products Other Than Automobiles. (42 U.S.C. 6291-
6309) Products covered under the program, including residential clothes 
washers, and the authority to regulate them, are listed in section 322. 
(42 U.S.C. 6292) Section 325(g) (42 U.S.C. 6295(g)) establishes 
standards for certain types of residential clothes washers and requires 
the Department to issue two rulemakings to consider further amendments.
    Federal energy efficiency requirements for residential products 
generally preempt State laws or regulations concerning energy 
conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c)) 
However, the Department can grant waivers of Federal preemption 
(hereafter ``waiver'' or ``exemption'') for particular State laws or 
regulations, in accordance with the procedures and other provisions of 
section 327(d) of EPCA. (42 U.S.C. 6297(d)) In particular, section 
327(d)(1)(A) of EPCA provides that any State or river basin commission 
with a State regulation regarding energy use, energy efficiency, or 
water use requirements for products regulated by the Energy 
Conservation Program, may petition for an exemption from Federal 
preemption and seek to apply its own State regulation. (42 U.S.C. 
6297(d)(1)(A))
    Section 327(d)(2) of EPCA requires that the Department afford 
interested persons a reasonable opportunity to make written comments, 
including rebuttal comments, related to the petition. (42 U.S.C. 
6297(d)(2)) In addition, section 327(d)(2) of EPCA provides the 
Department with the authority to extend its decision date to within one 
year after the date on which the Department accepted the petition. 
However, the Department must publish notice of this extension in the 
Federal Register and note its reasons for delay. (42 U.S.C. 6297(d)(2)) 
In addition, should the Department decide to grant a petition, section 
336(a)(1) of EPCA requires that DOE afford interested persons the 
opportunity to present written and oral data, views, and arguments with 
respect to any proposed rules prescribed under section 327. (42 U.S.C. 
6306(a)(1))

II. Background

    On September 16, 2005, the Department received a petition from the 
CEC, dated September 13, 2005, pursuant to the requirements of section 
327(d) of EPCA (42 U.S.C. 6297(d)) and Title 10 Code of Federal 
Regulations (CFR) part 430, subpart D, and sections 430.41(a)(1) and 
430.42 of the CFR. However, by letter dated November 18, 2005, the 
Department notified the CEC that its petition had failed to comply with 
certain requirements set out in 10 CFR 430.42(c). The CEC responded on 
December 5, 2005, and provided the required information. By letter 
dated December 23, 2005, the Department notified the CEC that it had 
accepted the California Petition as supplemented.
    In accordance with section 327(d)(2) of EPCA (42 U.S.C. 6297(d)(2)) 
and 10 CFR 430.43, the Department published notice of the California 
Petition in the Federal Register on February 6, 2006 (hereafter 
``February 2006 notice''). (71 FR 6022) The February 2006 notice 
provides a summary of the Department's authority regarding petitions 
for exemption, the California Petition, and criteria for evaluating 
petitions for exemption. In the February 2006 notice, to help the 
Department evaluate the California Petition's request, the Department 
also invited the public to submit comments, data, and information 
regarding the California Petition by April 7, 2006.
    In order to afford the CEC a reasonable opportunity to review 
public comments and provide rebuttal, the Department notified the CEC 
by letter dated April 14, 2006, of its opportunity to provide rebuttal 
comments. CEC rebuttal comments were received by the Department on May 
15, 2006.
    In this notice, the Department extends the period for evaluation of 
the California Petition to December 23, 2006, in order to provide the 
Department adequate time to evaluate the petition in light of public 
comments and CEC rebuttal comments received. The Department will 
consider the information and views submitted and make a determination 
on the California Petition. At such point, the Department will either 
provide notice of a proposed rule on which it will seek written and 
oral comment, or provide a notice of, and the reasons for, denial of 
the California Petition.

    Issued in Washington, DC, on June 14, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E6-9637 Filed 6-19-06; 8:45 am]
BILLING CODE 6450-01-P