[Federal Register Volume 74, Number 233 (Monday, December 7, 2009)]
[Unknown Section]
[Pages 64198-64200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: X09-81207]


[[Page 64198]]




DEPARTMENT OF ENERGY (DOE)



Statement of Regulatory and Deregulatory Priorities
The Department of Energy (Department or DOE) makes vital contributions 
to the Nation's welfare through its activities focused on improving 
national security, energy supply, energy efficiency, environmental 
remediation, and energy research. The Department's mission is to:
 Promote dependable, affordable and environmentally sound 
production and distribution of energy;
 Advance energy efficiency and conservation;
 Provide responsible stewardship of the Nation's nuclear 
weapons;
 Provide a responsible resolution to the environmental legacy 
of nuclear weapons production;
 Strengthen U.S. scientific discovery, economic 
competitiveness, and improving quality of life through innovations in 
science and technology.

The Department's regulatory activities are essential to achieving its 
critical mission and to implementing major initiatives of the 
President's National Energy Policy. Among other things, the Regulatory 
Plan and the Unified Agenda contain the rulemakings the Department will 
be engaged in during the coming year to fulfill the Department's 
commitment to meeting deadlines for issuance of energy conservation 
standards and related test procedures. The Regulatory Plan and Unified 
Agenda also reflect the Department's continuing commitment to cut 
costs, reduce regulatory burden, and increase responsiveness to the 
public.
Energy Efficiency Program for Consumer Products and Commercial 
Equipment
The Energy Policy and Conservation Act (EPCA) requires DOE to set 
appliance efficiency standards at levels that achieve the maximum 
improvement in energy efficiency that is technologically feasible and 
economically justified. The standards already issued in 2009 have a net 
benefit to the nation of up to $84 billion over 30 years. By 2042, 
these standards will have saved enough energy to operate all U.S. homes 
for over two years.
On February 5, 2009, the President issued a memorandum noting that the 
Department is subject to a consent decree as a result of litigation in 
which 14 States and various other entities brought suit alleging that 
the Department had failed to comply with deadlines and other 
requirements in the EPCA. The President noted further that the 
Department remained subject to outstanding deadlines with respect to 15 
of the 22 product categories covered by the consent decree, as well as 
statutory deadlines for a number of additional product categories. As a 
result, the President requested that the Department take all necessary 
steps, consistent with the consent decree and applicable law, to 
finalize legally required efficiency standards as expeditiously as 
possible and consistent with all applicable judicial and statutory 
deadlines. Most immediate were the five energy efficiency rules with 
deadlines prior to and including August 8, 2009; with respect to 
standards subject to judicial and statutory deadlines later than August 
8, 2009, the President requested that the Department work to complete 
prior to the applicable deadline those standards that will result in 
the greatest energy savings.
On August 5, 2009, DOE issued a final rule establishing energy 
conservation standards for bottled or canned beverage vending machines. 
Issuance of this rulemaking marked the completion, either on or prior 
to the required deadline, of the five energy efficiency rules with 
legal deadlines prior to and including August 8, 2009, as set forth in 
the President's February 2009 memorandum.
In response to the President's request regarding rulemakings with 
deadlines later than August 8, 2009, the Department continues to follow 
its schedule for setting new appliance efficiency standards. These 
rulemakings are expected to save American consumers billions of dollars 
in energy costs. The five-year plan to implement the schedule outlines 
how DOE will address the appliance standards rulemaking backlog and 
meet the statutory requirements established in EPCA and the Energy 
Policy Act of 2005 (EPACT 2005). The five-year plan, which was 
developed considering the public comments received on the appliance 
standards program, provides for the issuance of one rulemaking for each 
of the 20 products in the backlog. The plan also provides for setting 
appliance standards for products required under EPACT 2005.
The overall plan for implementing the schedule is contained in the 
Report to Congress under section 141 of EPACT 2005 that was released on 
January 31, 2006. This plan was last updated in the August 2009 report 
to Congress and now includes the requirements of the Energy 
Independence and Security Act of 2007 (EISA 2007). The reports to 
Congress are posted at: http://www.eere.energy.gov/buildings/ 
appliance_standards/ schedule_setting.html.
The August 2009 report identifies all products for which DOE has 
complied with or missed the deadlines established in EPCA (42 U.S.C. 
Sec.  6291 et seq.). It also describes the reasons for such delays and 
the Department's plan for expeditiously prescribing new or amended 
standards. Information and timetables concerning these actions can also 
be found in the Department's Regulatory Agenda, which is posted online 
at: www.reginfo.gov.
Estimate of Combined Aggregate Costs and Benefits
The regulatory actions included in this Regulatory Plan for small 
electric motors and commercial clothes washers provide significant 
benefits to the Nation. DOE believes that the benefits to the Nation of 
the proposed energy standards for small electric motors (energy 
savings, consumer average life-cycle cost savings, national net present 
value increase, and emission reductions) outweigh the costs (loss of 
industry net present value and life-cycle cost increases for some 
consumers). DOE estimates that these regulations will produce an energy 
savings for polyphase motors between 0.08 quads (seven-percent discount 
rate) and 0.17 quads (three-percent discount rate) over thirty years 
and an energy savings for capacitor-start motors between 0.51 quads 
(seven-percent discount rate) and 1.11 quads (three-percent discount 
rate) over thirty years. The benefit to the Nation for polyphase motors 
will be between $60 million (seven-percent discount rate) and $560 
million (three-percent discount rate). The benefit to the Nation for 
capacitor-start motors will be between $1.47 billion (seven-percent 
discount rate) and $13.59 billion (three-percent discount rate).
DOE believes that the benefits to the Nation of the proposed energy 
standards for commercial clothes washers (energy and water savings, 
consumer average life-cycle cost savings, national net present value 
increase, and emission reductions) also outweigh the costs (loss of 
industry net present value and life-cycle cost increases for some 
consumers). DOE estimates that these regulations will produce an energy 
savings up to 0.15 quads over thirty years and national water savings 
up to

[[Page 64199]]

190 billion gallons of water consumption over thirty years. The benefit 
to the Nation will be between $500 million (seven-percent discount 
rate) and $1.2 billion (three-percent discount rate).
_______________________________________________________________________



DOE--Energy Efficiency and Renewable Energy (EE)

                              -----------

                          PROPOSED RULE STAGE

                              -----------




40. ENERGY CONSERVATION STANDARDS FOR SMALL ELECTRIC MOTORS

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


42 USC 6291 to 6309; 41 USC 6311 to 6317


CFR Citation:


10 CFR 431


Legal Deadline:


Final, Judicial, February 28, 2010, Consent Decree.


Abstract:


The Energy Policy Act of 1992 amended the Energy Policy and 
Conservation Act to provide that the Secretary of Energy prescribe 
testing requirements and energy conservation standards for those small 
electric motors for which the Secretary determines that standards would 
be technologically feasible and economically justified, and would 
result in significant energy savings. As a result of DOE's analysis, on 
July 10, 2006 (71 FR 38799), the Secretary made such a determination 
for small electric motors. This rulemaking will determine whether it is 
appropriate to establish energy conservation standards for small 
electric motors.


Statement of Need:


The Energy Policy and Conservation Act requires minimum energy 
efficiency standards for appliances, which has the effect of 
eliminating inefficient appliances and equipment from the market.


Summary of Legal Basis:


Title III of EPCA sets forth a variety of provisions designed to 
improve energy efficiency. Part A of Title III (42 U.S.C. 6291-6309) 
provides for the Energy Conservation Program for Consumer Products 
Other Than Automobiles. Part A-1 of Title III (42 U.S.C. 6311--6317) 
establishes a similar program for certain types of commercial and 
industrial equipment, which includes small electric motors. Currently, 
no mandatory Federal energy conservation standards apply to small 
electric motors.


Alternatives:


The statute requires the Department to conduct rulemakings to review 
standards and to revise standards to achieve the maximum improvement in 
energy efficiency that the Secretary determines is technologically 
feasible and economically justified. In making this determination, the 
Department conducts a thorough analysis of the alternative standard 
levels, including the existing standard, based on the criteria 
specified by the statute.


Anticipated Cost and Benefits:


DOE believes that the benefits to the Nation of the proposed energy 
standards for small electric motors (energy savings, consumer average 
life-cycle cost (LCC) savings, national net present value (NPV) 
increase, and emission reductions) outweigh the burdens (loss of INPV 
and LCC increases for some small electric motor users). DOE estimates 
that energy savings from electricity will be between 0.59 quads and 
1.23 quads over 30 years and the benefit to the Nation will be between 
$1.53 billion and $14.15 billion.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
Notice: Public Meeting, 
    Framework Document 
    Availability                08/10/07                    72 FR 44990
Notice: Public Meeting, 
    Data Availability           12/30/08                    73 FR 79723
NPRM                            12/00/09
Final Action                    02/00/10

Regulatory Flexibility Analysis Required:


No


Government Levels Affected:


Local, State


Additional Information:


Comments pertaining to this rule may be submitted electronically to 
small--electric --motors--std.rulemaking @ee.doe.gov.


URL For More Information:
www1.eere.energy.gov/buildings/appliance--standards/commercial/small--
electric--motors.html

URL For Public Comments:
www.regulations.gov

Agency Contact:
James Raba
Office of Building Technologies Program, EE-2J
Department of Energy
Energy Efficiency and Renewable Energy
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-8654
Email: [email protected]
Related RIN: Related to 1904-AB71
RIN: 1904-AB70
_______________________________________________________________________



DOE--EE

                              -----------

                            FINAL RULE STAGE

                              -----------




41. ENERGY EFFICIENCY STANDARDS FOR COMMERCIAL CLOTHES WASHERS

Priority:


Economically Significant. Major under 5 USC 801.


Legal Authority:


42 USC 6313(e)(2)(A)


CFR Citation:


10 CFR 431


Legal Deadline:


Final, Statutory, January 1, 2010.


Abstract:


The Energy Policy and Conservation Act (EPCA) requires DOE to determine 
whether the existing standards for commercial clothes washers should be 
amended. Commercial clothes washers were previously included in a 
rulemaking with residential electric and gas ranges and ovens and 
Microwave ovens. On October 17, 2008, DOE published a NPRM for these 
products (73 FR 62034). Commenters subsequently alleged certain data 
problems affecting DOE's rulemaking analyses. DOE's preliminary 
assessment suggested that these concerns might be valid, thereby 
necessitating additional, supplemental rulemaking analyses. DOE is 
separating the commercial clothes washers energy conservation standard 
from the cooking products rulemaking and plans to issue

[[Page 64200]]

standards for commercial clothes washers by the statutory deadline.


Statement of Need:


EPCA requires minimum energy efficiency standards for appliances, which 
has the effect of eliminating inefficient appliances and equipment from 
the market.


Summary of Legal Basis:


Title III of EPCA sets forth a variety of provisions designed to 
improve energy efficiency. Part A-1 of Title III (42 U.S.C. 6311--6317) 
establishes an energy conservation program for a variety of commercial 
and industrial equipment including commercial clothes washers. (42 
U.S.C. 6312; 6313(e)) EPCA sets both energy and water efficiency 
standards for commercial clothes washers, and authorizes DOE to amend 
both. (42 U.S.C. 6313(e)) Section 136(a) and (e) of the Energy Policy 
Act of 2005 (EPACT 2005) added commercial clothes washers as equipment 
covered under EPCA and established standards for such equipment that is 
manufactured on or after January 1, 2007. (42 U.S.C. 6311(1) and 
6313(e)) These amendments to EPCA also require that DOE issue a final 
rule by January 1, 2010, to determine whether these standards should be 
amended. (EPACT 2005, section 136(e); 42 U.S.C. 6313(e)) If amended 
standards are justified, they would become effective no later than 
January, 2013.


Alternatives:


The statute requires the Department to conduct rulemakings to review 
standards and to revise standards to achieve the maximum improvement in 
energy efficiency that the Secretary determines is technologically 
feasible and economically justified. In making this determination, the 
Department conducts a thorough analysis of the alternative standard 
levels, including the existing standard, based on the criteria 
specified by statute.


Anticipated Cost and Benefits:


DOE believes that the benefits to the Nation of the proposed energy 
standards for commercial clothes washers (energy and water savings, 
consumer average life-cycle cost (LCC) savings, national net present 
value (NPV) increase, and emissions reductions) outweigh the costs 
(loss of INPV and LCC increases for some consumers). DOE estimates that 
energy savings from electricity and natural gas will be up to 0.15 
quads over 30 years and the national water savings will range up to 190 
billion gallons over 30 years. The benefit to the Nation will be 
between $500 million and $1.2 billion.


Timetable:
_______________________________________________________________________
Action                            Date                        FR Cite

_______________________________________________________________________
NPRM                            10/17/08                    73 FR 62033
NPRM Comment Period End         12/16/08
Supplemental NPRM               11/09/09                    74 FR 57738
Supplemental NPRM Comment 
    Period End                  12/09/09
Final Action                    01/00/10

Regulatory Flexibility Analysis Required:


No


Government Levels Affected:


Undetermined


URL For More Information:
www1.eere.gov/buildings/appliance--standards/commercial/clothes--
washers.html

URL For Public Comments:
http://www.regulations.gov/

Agency Contact:
Stephen Witkowski
Office of Building Technologies Program, EE-2J
Department of Energy
Energy Efficiency and Renewable Energy
1000 Independence Avenue SW.
Washington, DC 20585
Phone: 202 586-7463
Email: [email protected]
Related RIN: Split from 1904-AB49
RIN: 1904-AB93
BILLING CODE 6450-01-S