[Federal Register Volume 76, Number 164 (Wednesday, August 24, 2011)]
[Rules and Regulations]
[Pages 52852-52854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21639]


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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: Final rule.

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SUMMARY: In a direct final rule published on April 21, 2011, the U.S. 
Department of Energy (DOE) adopted amended energy conservation 
standards for residential clothes dryers and room air conditioners. As 
required by the Energy Policy and Conservation Act (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 identical to the standards 
provided in the consensus agreement that served as the basis for those 
rulemaking actions. The consensus agreement also provided specific 
compliance dates for both products. 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 amends 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. Elsewhere 
in today's Federal Register, DOE also published a document confirming 
adoption of the standards set forth in the direct final rule and 
confirming the effective date of the direct final rule.

DATES: Effective Date: This rule is effective on August 24, 2011. 
Compliance dates: Compliance with the standards for room air 
conditioners is required on June 1, 2014. Compliance with the standards 
for residential clothes dryers is required on January 1, 2015.

ADDRESSES: 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 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].
    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].

SUPPLEMENTARY INFORMATION: DOE published a direct final rule to 
establish amended energy conservation standards for residential clothes 
dryers and room air conditioners on April 21, 2011. 76 FR 22454 (April 
21, 2011).
    EPCA (42 U.S.C. 6291 et seq.), 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 NOPR that proposes an identical 
energy conservation 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 
residential 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,

[[Page 52853]]

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.
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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. DOE proposed to amend 
the compliance dates in a proposed rule published in the Federal 
Register on May 9, 2011. 76 FR 26656. DOE received two comments in 
support of the amended compliance dates, and no commenters objected to 
those dates. In today's rule, DOE adopts those compliance dates. 
Specifically, for room air conditioners, DOE adopts a compliance date 
of June 1, 2014, and for clothes dryers, DOE adopts a compliance date 
of January 1, 2015. In addition, elsewhere in today's Federal Register, 
DOE published a document confirming adoption of the standards set forth 
in the direct final rule and announcing the effective date of the 
direct final rule.

Procedural Issues and Regulatory Review

    DOE finds good cause to waive the 30-day delay in effective date 
under the Administrative Procedure Act (5 U.S.C. 553(d)). A 30-day 
delay is unnecessary because the compliance dates established in 
today's final rule are intended merely to ensure that the compliance 
dates for the energy conservation standards set forth in DOE's direct 
final rule published on April 21, 2011 are the same as those 
recommended in the Joint Petition. Further, as DOE also published a 
document elsewhere in today's Federal Register confirming adoption of 
the standards set forth in the direct final rule and announcing the 
effective date of the direct final rule, any delay in the effective 
date of this rule could cause confusion among interested parties.
    The regulatory reviews conducted for this final 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.

List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC, on August 18, 2011.
Timothy Unruh,
 Program Manager, Federal Energy Management Program, Energy Efficiency 
and Renewable Energy.

    For the reasons set forth in the preamble, DOE amends 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

0
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.


0
2. In Sec.  430.32, revise 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 efficiency     Combined energy
                                  ratio, effective    efficiency ratio,
         Product class           from Oct. 1, 2000     effective as of
                                  to May 31, 2014        June 1, 2014
------------------------------------------------------------------------
1. Without reverse cycle, with                  9.7                 11.0
 louvered sides, and less than
 6,000 Btu/h..................
2. Without reverse cycle, with                  9.7                 11.0
 louvered sides, and 6,000 to
 7,999 Btu/h..................
3. Without reverse cycle, with                  9.8                 10.9
 louvered sides, and 8,000 to
 13,999 Btu/h.................
4. Without reverse cycle, with                  9.7                 10.7
 louvered sides, and 14,000 to
 19,999 Btu/h.................
5a. Without reverse cycle,                      8.5                  9.4
 with louvered sides, and
 20,000 to 24,999 Btu/h.......
5b. Without reverse cycle,      ...................                  9.0
 with louvered sides, and
 25,000 Btu/h or more.........
6. Without reverse cycle,                       9.0                 10.0
 without louvered sides, and
 less than 6,000 Btu/h........
7. Without reverse cycle,                       9.0                 10.0
 without louvered sides, and
 6,000 to 7,999 Btu/h.........
8a. Without reverse cycle,                      8.5                  9.6
 without louvered sides, and
 8,000 to 10,999 Btu/h........
8b. Without reverse cycle,      ...................                  9.5
 without louvered sides, and
 11,000 to 13,999 Btu/h.......
9. Without reverse cycle,                       8.5                  9.3
 without louvered sides, and
 14,000 to 19,999 Btu/h.......
10. Without reverse cycle,                      8.5                  9.4
 without louvered sides, and
 20,000 Btu/h or more.........
11. With reverse cycle, with                    9.0                  9.8
 louvered sides, and less than
 20,000 Btu/h.................
12. With reverse cycle,                         8.5                  9.3
 without louvered sides, and
 less than 14,000 Btu/h.......
13. With reverse cycle, with                    8.5                  9.3
 louvered sides, and 20,000
 Btu/h or more................
14. With reverse cycle,                         8.0                  8.7
 without louvered sides, and
 14,000 Btu/h or more.........
15. Casement-Only.............                  8.7                  9.5

[[Page 52854]]

 
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
                       Product class                            factor
                                                              (lbs/kWh)
------------------------------------------------------------------------
i. Electric, Standard (4.4 ft\3\ or greater capacity)......         3.01
ii. Electric, Compact (120V) (less than 4.4 ft\3\ capacity)         3.13
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
                                                                energy
                       Product class                         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 ft\3\           3.27
 capacity).................................................
iv. Vented Gas.............................................         3.30
v. Ventless Electric, Compact (240V) (less than 4.4 ft\3\           2.55
 capacity).................................................
vi. Ventless Electric, Combination Washer-Dryer............         2.08
------------------------------------------------------------------------

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[FR Doc. 2011-21639 Filed 8-23-11; 8:45 am]
BILLING CODE 6450-01-P