[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Proposed Rules]
[Pages 26656-26658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11237]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2007-BT-STD-0010]
RIN 1904-AA89


Energy Conservation Program: Energy Conservation Standards for 
Residential Clothes Dryers and Room Air Conditioners

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

ACTION: Proposed rule.

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SUMMARY: In a direct final rule published on April 21, 2011, DOE 
adopted amended energy conservation standards for residential clothes 
dryers and room air conditioners. As required by EPCA, DOE also 
published simultaneously a notice of proposed rulemaking (NOPR) that 
proposed identical energy efficiency standards. The standards set forth 
in the direct final rule and NOPR were consistent with the consensus 
agreement that served as the basis for those rulemaking actions. The 
consensus agreement also provided specific compliance dates for both 
products--June 1, 2014 for room air conditioners and January 1, 2015 
for clothes dryers. In the direct final rule and NOPR, however, DOE 
provided for a compliance date 3 years after the date of publication in 
the Federal Register, or April 21, 2014. As such, the compliance date 
of the direct final rule and NOPR did not correspond with the consensus 
agreement. DOE now proposes to amend the compliance dates set forth in 
the direct final rule and corresponding NOPR to be consistent with the 
compliance dates set out in the consensus agreement.

DATES: Written comments and information are requested by June 8, 2011.

ADDRESSES: Any comments submitted must identify the direct final rule 
for

[[Page 26657]]

Energy Conservation Standards for Residential Clothes Dryers and Room 
Air Conditioners, and provide docket number EERE-2007-BT-STD-0010 and/
or regulatory information number (RIN) number 1904-AA89. Comments may 
be submitted using any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. E-mail: [email protected]. Include the 
docket number and/or RIN in the subject line of the message.
    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue, SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza, SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    Docket: The docket is available for review at regulations.gov, 
including Federal Register notices, framework documents, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials. All documents in the docket are listed in the 
regulations.gov index. Not all documents listed in the index may be 
publicly available, such as information that is exempt from public 
disclosure.
    A link to the docket Web page can be found at: http://www.regulations.gov.
    For further information on how to submit or review public comments 
or view hard copies of the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Witkowski, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-2J, 
1000 Independence Avenue, SW., Washington, DC 20585-0121, (202) 586-
7463, e-mail: [email protected].
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of General 
Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC, 20585-
0121, (202) 586-7796, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: DOE published a direct final rule to 
establish amended energy conservation standards for clothes dryers and 
room air conditioners on April 21, 2011 (76 FR 22454, April 21, 2011).
    EPCA, as amended, grants DOE authority to issue a final rule 
(hereinafter referred to as a ``direct final rule'') establishing an 
energy conservation standard on receipt of a statement submitted 
jointly by interested persons that are fairly representative of 
relevant points of view (including representatives of manufacturers of 
covered products, States, and efficiency advocates) as determined by 
the Secretary, that contains recommendations with respect to an energy 
conservation standard that are in accordance with the provisions of 42 
U.S.C. 6295(o). EPCA also requires a notice of proposed rulemaking 
(NOPR) that proposes an identical energy efficiency standard to be 
published simultaneously with the final rule. A public comment period 
of at least 110 days must be provided. 42 U.S.C. 6295(p)(4). Not later 
than 120 days after issuance of the direct final rule, if one or more 
adverse comments or an alternative joint recommendation are received 
relating to the direct final rule, the Secretary must determine whether 
the comments or alternative recommendation may provide a reasonable 
basis for withdrawal under 42 U.S.C. 6295(o) or other applicable law. 
If the Secretary makes such a determination, DOE must withdraw the 
direct final rule and proceed with the simultaneously published notice 
of proposed rulemaking. DOE must publish in the Federal Register the 
reason why the direct final rule was withdrawn. Id.
    During the rulemaking proceeding to develop amended standards for 
clothes dryers and room air conditioners, DOE received the ``Agreement 
on Minimum Federal Efficiency Standards, Smart Appliances, Federal 
Incentives and Related Matters for Specified Appliances'' (the ``Joint 
Petition''), a comment submitted by groups representing manufacturers 
(the Association of Home Appliance Manufacturers (AHAM), Whirlpool 
Corporation (Whirlpool), General Electric Company (GE), Electrolux, LG 
Electronics, Inc. (LG), BSH Home Appliances (BSH), Alliance Laundry 
Systems (ALS), Viking Range, Sub-Zero Wolf, Friedrich A/C, U-Line, 
Samsung, Sharp Electronics, Miele, Heat Controller, AGA Marvel, Brown 
Stove, Haier, Fagor America, Airwell Group, Arcelik, Fisher & Paykel, 
Scotsman Ice, Indesit, Kuppersbusch, Kelon, and DeLonghi); energy and 
environmental advocates (American Council for an Energy Efficient 
Economy (ACEEE), Appliance Standards Awareness Project (ASAP), Natural 
Resources Defense Council (NRDC), Alliance to Save Energy (ASE), 
Alliance for Water Efficiency (AWE), Northwest Power and Conservation 
Council (NPCC), and Northeast Energy Efficiency Partnerships (NEEP)); 
and consumer groups (Consumer Federation of America (CFA) and the 
National Consumer Law Center (NCLC)) (collectively, the ``Joint 
Petitioners''). This collective set of comments, which DOE refers to in 
this notice as the ``Joint Petition''\1\ or ``Consensus Agreement'' 
recommends specific energy conservation standards for residential 
clothes dryers and room air conditioners that, in the commenters' view, 
would satisfy the EPCA requirements in 42 U.S.C. 6295(o). The Joint 
Petition also sets forth compliance dates for these recommended 
standards. The compliance dates are June 1, 2014 for room air 
conditioners and January 1, 2015 for clothes dryers.
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    \1\ DOE Docket No. EERE-2007-BT-STD-0010, Comment 35. DOE 
considered the Joint Petitioners comments to supersede earlier 
comments by the listed parties regarding issues subsequently 
discussed in the Joint Petition.
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    As discussed in the direct final rule, DOE determined that the 
relevant criteria under 42 U.S.C. 6295(p)(4) were satisfied and that it 
was appropriate to adopt amended energy conservation standards for 
clothes dryers and room air conditioners through the direct final rule. 
In publishing the direct final rule, however, DOE inadvertently 
specified a compliance date 3 years after publication of the direct 
final rule in the Federal Register, rather than specifying the 
compliance dates set forth in the Joint Petition. In today's proposed 
rule, DOE proposes to adopt those compliance dates. Specifically, for 
room air conditioners, DOE proposes a compliance date of June 1, 2014, 
and for clothes dryers, DOE proposes a compliance date of January 1, 
2015. DOE seeks comment on these compliance dates.

Procedural Issues and Regulatory Review

    The regulatory reviews conducted for this proposed rule remain 
unchanged from those conducted for the direct final rule establishing 
the amended energy conservation standards. DOE does not believe that 
the changes in the compliance dates--approximately one and a half 
months for room air conditioners and eight and a half months for 
clothes dryers--would result in changes to those analyses. Please see 
the direct final rule for further details.

[[Page 26658]]

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Reporting and 
recordkeeping requirements, and Small businesses.

    Issued in Washington, DC, on May 3, 2011.
Kathleen Hogan,
Deputy Assistant Secretary for Energy Efficiency, Office of Technology 
Development, Energy Efficiency and Renewable Energy.
    For the reasons set forth in the preamble, DOE proposes to amend 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations, as set forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

    1. The authority citation for part 430 continues to read as 
follows:

    Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

    2. Revise Sec.  430.32 paragraphs (b), and (h) to read as follows:


Sec.  430.32  Energy and water conservation standards and their 
effective dates.

* * * * *
    (b) Room air conditioners.

------------------------------------------------------------------------
                                              Energy         Combined
                                            efficiency        energy
                                              ratio,        efficiency
              Product class               effective from      ratio,
                                           Oct. 1, 2000    effective as
                                            to May 31,      of June 1,
                                               2014            2014
------------------------------------------------------------------------
1. Without reverse cycle, with louvered              9.7            11.0
 sides, and less than 6,000 Btu/h.......
2. Without reverse cycle, with louvered              9.7            11.0
 sides, and 6,000 to 7,999 Btu/h........
3. Without reverse cycle, with louvered              9.8            10.9
 sides, and 8,000 to 13,999 Btu/h.......
4. Without reverse cycle, with louvered              9.7            10.7
 sides, and 14,000 to 19,999 Btu/h......
5a. Without reverse cycle, with louvered             8.5             9.4
 sides, and 20,000 to 24,999 Btu/h......
5b. Without reverse cycle, with louvered                             9.0
 sides, and 25,000 Btu/h or more........
6. Without reverse cycle, without                    9.0            10.0
 louvered sides, and less than 6,000 Btu/
 h......................................
7. Without reverse cycle, without                    9.0            10.0
 louvered sides, and 6,000 to 7,999 Btu/
 h......................................
8a. Without reverse cycle, without                   8.5             9.6
 louvered sides, and 8,000 to 10,999 Btu/
 h......................................
8b. Without reverse cycle, without                                   9.5
 louvered sides, and 11,000 to 13,999
 Btu/h..................................
9. Without reverse cycle, without                    8.5             9.3
 louvered sides, and 14,000 to 19,999
 Btu/h..................................
10. Without reverse cycle, without                   8.5             9.4
 louvered sides, and 20,000 Btu/h or
 more...................................
11. With reverse cycle, with louvered                9.0             9.8
 sides, and less than 20,000 Btu/h......
12. With reverse cycle, without louvered             8.5             9.3
 sides, and less than 14,000 Btu/h......
13. With reverse cycle, with louvered                8.5             9.3
 sides, and 20,000 Btu/h or more........
14. With reverse cycle, without louvered             8.0             8.7
 sides, and 14,000 Btu/h or more........
15. Casement-Only.......................             8.7             9.5
16. Casement-Slider.....................             9.5            10.4
------------------------------------------------------------------------

* * * * *
    (h) Clothes dryers. (1) Gas clothes dryers manufactured after 
January 1, 1988 shall not be equipped with a constant burning pilot.
    (2) Clothes dryers manufactured on or after May 14, 1994 and before 
January 1, 2015, shall have an energy factor no less than:

------------------------------------------------------------------------
                                                           Energy factor
                      Product class                          (lbs/kWh)
------------------------------------------------------------------------
i. Electric, Standard (4.4 ft\3\ or greater capacity)...            3.01
ii. Electric, Compact (120V) (less than 4.4 ft\3\                   3.13
 capacity)..............................................
iii. Electric, Compact (240V) (less than 4.4 ft\3\                  2.90
 capacity)..............................................
iv. Gas.................................................            2.67
------------------------------------------------------------------------

    (3) Clothes dryers manufactured on or after January 1, 2015, shall 
have a combined energy factor no less than:

------------------------------------------------------------------------
                                                             Combined
                      Product class                        energy factor
                                                             (lbs/kWh)
------------------------------------------------------------------------
i. Vented Electric, Standard (4.4 ft\3\ or greater                  3.73
 capacity)..............................................
ii. Vented Electric, Compact (120V) (less than 4.4 ft\3\            3.61
 capacity)..............................................
iii. Vented Electric, Compact (240V) (less than 4.4                 3.27
 ft\3\ capacity)........................................
iv. Vented Gas..........................................            3.30
v. Ventless Electric, Compact (240V) (less than 4.4                 2.55
 ft\3\ capacity)........................................
vi. Ventless Electric, Combination Washer-Dryer.........            2.08
------------------------------------------------------------------------

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[FR Doc. 2011-11237 Filed 5-6-11; 8:45 am]
BILLING CODE 6450-01-P