[Federal Register Volume 74, Number 166 (Friday, August 28, 2009)]
[Proposed Rules]
[Pages 44306-44308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20803]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2008-BT-STD-0019]
RIN 1904-AB90


Energy Conservation Standards for Residential Clothes Washers: 
Public Meeting and Availability of the Framework Document

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

ACTION: Notice of public meeting and availability of the framework 
document.

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SUMMARY: The U.S. Department of Energy (DOE) will hold an informal 
public meeting to discuss and receive comments on issues that it will 
address in this rulemaking proceeding. The Department is requesting 
information from interested parties to assist in establishing energy 
conservation standards for residential clothes washers. The Department 
also encourages written comments on any subject within the scope of 
this proceeding. To inform interested parties and facilitate this 
process, DOE has prepared a draft framework document, available at 
http://www1.eere.energy.gov/buildings/appliance_standards/residential/clothes_washers.html.

[[Page 44307]]


DATES: The Department will hold a public meeting on September 21, 2009, 
from 9 a.m. to 5 p.m. in Washington, DC. Any person requesting to speak 
at the public meeting should submit such request along with a signed 
original and an electronic copy of the statements to be given at the 
public meeting before 4 p.m., Monday, September 14, 2009. Written 
comments are welcome, especially following the public meeting, and 
should be submitted by September 28, 2009.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 1E-245, 1000 Independence 
Avenue, SW., Washington, DC 20585-0121. Please note that foreign 
nationals participating in the public meeting are subject to advance 
security screening procedures. If a foreign national wishes to 
participate in the public meeting, please inform DOE of this fact as 
soon a possible by contacting Ms. Brenda Edwards at (202) 586-2945 so 
that the necessary procedures can be completed.
    Interested parties may submit comments, identified by docket number 
EERE-2008-BT-STD-0019 and/or Regulation Identifier Number (RIN) 1904-
AB90, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov 
Follow the instructions for submitting comments.
     E-mail: [email protected]. Include docket 
number EERE-2008-BT-STD-0019 and/or RIN 1904-AB90 in the subject line 
of the message.
     Postal Mail: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, Mailstop EE-2J, Framework 
Document for Residential Clothes Washers, Docket No. EERE-2008-BT-STD-
0019 and/or RIN 1904-AB90, 1000 Independence Avenue, SW., Washington, 
DC 20585-0121. Phone: (202) 586-2945. Please submit one signed paper 
original.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant 
Plaza, SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit 
one signed paper original.
    Instructions: All submissions received must include the DOE docket 
number EERE-2008-BT-STD-0019 or RIN 1904-AB90.
    Docket: For access to the docket to read background documents, a 
copy of the transcript of the public meeting, or comments received, go 
to the U.S. Department of Energy, 6th Floor, 950 L'Enfant Plaza, SW., 
Washington, DC 20024, between 9 a.m. and 4 p.m., Monday through Friday, 
except Federal holidays. Please call Ms. Brenda Edwards at the above 
telephone number for additional information regarding visiting the 
Resource Room.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Witkowski, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC 
20585-0121. Phone: (202) 586-7463. E-mail: 
[email protected].
    Mr. Michael Kido, U.S. Department of Energy, Office of General 
Counsel, GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-
0121. Phone: (202) 586-9507. E-mail: [email protected].

SUPPLEMENTARY INFORMATION: Part A of Title III of the Energy Policy and 
Conservation Act of 1975 (EPCA), 42 U.S.C. 6291 et seq., established an 
energy conservation program for major household appliances, which 
includes residential clothes washers. This program authorizes the 
Department to establish technologically feasible, economically 
justified energy efficiency regulations for certain consumer products.
    The amendments to EPCA in the National Appliance Energy 
Conservation Act of 1987 (NAECA), Public Law 100-12, established 
prescriptive energy conservation standards for residential clothes 
washers, as well as requirements for determining whether these 
standards should be amended. (42 U.S.C. 6295(g))
    EPCA, as amended by NAECA, required that all rinse cycles of 
clothes washers manufactured after January 1, 1988, shall include an 
unheated water option, but may have a heated water rinse option, and 
further required that DOE conduct two cycles of rulemakings to 
determine if more stringent standards are justified. (42 U.S.C. 
6295(g)(2) and (4)) In addition to these design standards, DOE 
published a Notice of Proposed Rulemaking (NOPR) seeking comments on 
establishing performance standards for these products. 54 FR 32744 
(Aug. 9, 1989). Shortly thereafter, DOE published an advance notice of 
proposed rulemaking (ANOPR) for the second standards rulemaking 
required by Congress. 55 FR 39624 (Sept. 28, 1990).
    After the closing of the first standards rulemaking's NOPR comment 
period, however, DOE became aware of a design option (horizontal-axis 
wash tub in a top-loading washer) available in Europe. This option was 
not considered during the course of this first standards rulemaking. As 
a result, when the final rule was published on May 14, 1991, DOE 
announced its intention to accelerate the second energy conservation 
standards rulemaking for clothes washers to take this design option 
into account. 56 FR 22250 (May 1991 Final Rule). The standards 
established by the first rulemaking became effective on May 14, 1994. 
56 FR 22279.
    Responding to this ANOPR for the second standards rulemaking, a 
number of interested parties requested that DOE delay the completion of 
this second rulemaking until a 1995-1996 time frame. These parties 
requested additional time in order to allow manufacturers time to meet 
the standards in the May 1991 Final Rule, and to fully evaluate new, 
more energy efficient technologies such as top-loading horizontal-axis 
clothes washers. On February 26, 1992, DOE published a letter to 
interested parties granting this request.
    On November 14, 1994, DOE published another ANOPR to restart the 
second energy conservation standards rulemaking for clothes washers, 
dishwashers, and clothes dryers. 59 FR 56423. However, Congress imposed 
a moratorium on proposed or final rules for appliance energy 
conservation standards for Fiscal Year 1996. Omnibus Consolidated 
Rescissions and Appropriations Act of 1996, Public Law 104-134, Section 
320 (April 26, 1996). During this time, DOE revised the standards-
setting process and on July 15, 1996, published a final rule that 
elaborated on the procedures, interpretations, and policies that would 
guide DOE as it established new or revised energy conservation 
standards for consumer products. (See 61 FR 36974 (Procedures for 
Consideration of New or Revised Energy Conservation Standards for 
Consumer Products); 10 CFR part 430, subpart C, appendix A). DOE 
determined to use its revised standards-setting process in the 
development of the revised clothes washer standards, and reopened the 
second energy conservation standards rulemaking for these products on 
November 19, 1998, by publishing a supplemental ANOPR. On January 12, 
2001, DOE published a final rule revising the energy conservation 
standards, which became effective in two phases--January 1, 2004 and 
January 1, 2007. 66 FR 3314. By completing this second standards 
rulemaking, DOE fulfilled its legislative requirement to conduct two 
cycles of standards rulemakings.

[[Page 44308]]

    As part of its priority-setting activities for fiscal year 2006, 
DOE conducted analyses for residential clothes washers to estimate the 
energy savings potential of amended standards. DOE determined that 
amended standards could result in energy savings for residential 
clothes washers of 5.5 quads cumulative over the period of 2004-2030. A 
summary of these analyses is available on DOE's Web site at http://www1.eere.energy.gov/buildings/appliance_standards/pdfs/2006_activities_data_sheets.pdf.
    Subsequently, Congress enacted the Energy Independence and Security 
Act of 2007 (EISA 2007), Public Law 110-140, which revised the energy 
conservation standards for residential clothes washers. The revised 
standards established a maximum water factor of 9.5 and become 
effective on January 1, 2011. See EISA 2007, Section 311(a)(2), 
codified at 42 U.S.C. 6295(g)(9). EISA 2007 further required that DOE 
publish a final rule no later than December 31, 2011, to determine 
whether to amend the standards in effect for clothes washers 
manufactured on or after January 1, 2015. (42 U.S.C. 6295(g)(9)(B)(i)) 
DOE is embarking on a standards rulemaking for these products to comply 
with these EISA 2007 requirements.
    To begin the required rulemaking process, the Department has 
prepared a framework document to explain the issues, analyses, and 
process that it is considering for the development of amended energy 
conservation standards for residential clothes washers. This document 
will be publicly available for review. Additionally, DOE will hold a 
public meeting to focus on the analyses and issues contained in various 
sections of the framework document. For each item listed, the 
Department will make a presentation with discussion to follow. The 
Department will also make a brief presentation on the rulemaking 
process for these products.
    The Department encourages anyone who wishes to participate in the 
public meeting to obtain the framework document and to be prepared to 
discuss its contents. A copy of the draft framework document is 
available at http://www1.eere.energy.gov/buildings/appliance_standards/residential/clothes_washers.html. However, public meeting 
participants need not limit their comments to the topics identified in 
the framework document. The Department is also interested in receiving 
views on other relevant issues that participants believe would affect 
energy conservation standards for these products. The Department 
welcomes all interested parties, whether or not they participate in the 
public meeting, to submit in writing by September 28, 2009, comments 
and information on matters addressed in the framework document and on 
other matters relevant to consideration of standards for residential 
clothes washers.
    DOE will conduct the public meeting in an informal, conference 
style. A court reporter will record the minutes of the meeting. The 
discussion will not include proprietary information, costs or prices, 
market shares, or other commercial matters regulated by U.S. antitrust 
laws.
    After the public meeting and the expiration of the period for 
submitting written statements, the Department will begin collecting 
data, conducting the analyses as discussed at the public meeting, and 
reviewing public comments.
    Anyone who wishes to participate in the public meeting, receive 
meeting materials, or be added to the DOE mailing list to receive 
future notices and information about residential clothes washers should 
contact Ms. Brenda Edwards at (202) 586-2945.

    Issued in Washington, DC, on August 21, 2009.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E9-20803 Filed 8-27-09; 8:45 am]
BILLING CODE 6450-01-P