[Federal Register Volume 78, Number 67 (Monday, April 8, 2013)]
[Proposed Rules]
[Pages 20842-20844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-08074]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2013-BT-STD-0020]
RIN 1904-AC98


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: This proposed rule would correct the energy conservation 
standards for room air conditioners. In the direct final rule 
establishing amended energy conservation standards for residential 
clothes dryers and room air conditioners, published in the Federal 
Register on April 21, 2011, and the subsequent notices of effective 
date and compliance dates for the direct final rule and amendment of 
compliance dates, published on August 24, 2011, the Department of 
Energy (DOE) erroneously specified the maximum cooling capacity for 
product class 5a for room air conditioners without reverse cycle and 
with louvered sides as 24,999 British thermal units per hour (Btu/h), 
and the minimum cooling capacity for product class 5b for room air 
conditioners without reverse cycle and with louvered sides as 25,000 
Btu/h, rather than 27,999 Btu/h and 28,000 Btu/h, respectively.

DATES: DOE will accept comments, data, and information regarding the 
proposed standards no later than May 8, 2013.

ADDRESSES: Any comments submitted must identify the proposed rule for 
Energy Conservation Standards for Residential Clothes Dryers and Room 
Air Conditioners, and provide docket number EERE-2013-BT-STD-0020 and/
or regulatory information number (RIN) number 1904-AC98. 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. Email: [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 for this rulemaking is available for review at 
www.regulations.gov/#!docketDetail;D=EERE-2013-BT-STD-0020. The docket 
for the direct final rule establishing the standards for room air 
conditioners is also 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.
    For further information on how to submit or review public comments, 
contact Ms. Brenda Edwards at (202) 586-2945 or email: 
[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. Telephone: 
(202) 586-7463. Email: [email protected].
Elizabeth Kohl, Esq., U.S. Department of Energy, Office of General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-7796. Email: [email protected].

[[Page 20843]]


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.
    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, 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'' recommended specific energy conservation 
standards for residential clothes dryers and room air conditioners 
that, in the commenters' view, satisfied the EPCA requirements in 42 
U.S.C. 6295(o). The Joint Petition also set forth compliance dates for 
these recommended standards of June 1, 2014 (room air conditioners) and 
January 1, 2015 (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 adopted 
the amended energy conservation standards for clothes dryers and room 
air conditioners through the direct final rule. 76 FR 22454 (April 21, 
2011). After considering comments received, DOE subsequently published 
a document in the Federal Register confirming adoption of the standards 
set forth in the direct final rule and announcing the effective date of 
the direct final rule. 76 FR 52856 (Aug. 24, 2011).
    In today's rule, DOE proposes to correct certain room air 
conditioner product class definitions that were inadvertently different 
than those that were provided in the Joint Petition and which were the 
basis of DOE's analysis for the previous final rules. Specifically, DOE 
proposes to correct the product class definitions for room air 
conditioners without reverse cycle and with louvered sides as follows:

------------------------------------------------------------------------
               Product class                         Definition
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5a........................................  Without reverse cycle, with
                                             louvered sides, and 20,000
                                             to 27,999 Btu/h.
5b........................................  Without reverse cycle, with
                                             louvered sides, and 28,000
                                             Btu/h or more.
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Procedural Issues and Regulatory Review

    The regulatory reviews conducted for this rulemaking are identical 
to those set forth in the DOE's direct final rule published on April 
21, 2011 establishing amended energy conservation standards. The 
amendments in the direct final rule become effective June 1, 2014.

List of Subjects in 10 CFR Part 430

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

    Issued in Washington, DC, on April 2, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 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. Section 430.32 is amended by revising paragraph (b) to read as 
follows:


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

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

[[Page 20844]]



------------------------------------------------------------------------
                                   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, with                  8.5                 9.4
 louvered sides, and 20,000 to
 27,999 Btu/h...................
---------------------------------                    -------------------
5b. Without reverse cycle, with   ..................                 9.0
 louvered sides, and 28,000 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, without                  8.5                 9.3
 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, without                  8.0                 8.7
 louvered sides, and 14,000 Btu/
 h or more......................
15. Casement-Only...............                 8.7                 9.5
16. Casement-Slider.............                 9.5                10.4
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[FR Doc. 2013-08074 Filed 4-5-13; 8:45 am]
BILLING CODE 6450-01-P