[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42389-42391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-17005]



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  Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules 
and Regulations  

[[Page 42389]]



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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule corrects 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, 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. 
Additionally, DOE is fixing a printing error in the codification of the 
standards table for product classes 5a and 5b and 8a and 8b.

DATES: The effective date of this rule is August 15, 2013. Compliance 
with the standards established for room air conditioners in today's 
final rule is June 1, 2014.

ADDRESSES: 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. However, some documents listed in the index, 
such as those containing information that is exempt from public 
disclosure, may not be publicly available. The regulations.gov Web page 
will contain simple instructions on how to access all documents, 
including public comments, in the docket.
    For further information on how to review the docket, contact Ms. 
Brenda Edwards at (202) 586-2945 or by 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].
    James Silvestro, Esq., U.S. Department of Energy, Office of General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-4224. Email: [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.
    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, which contains recommendations with respect to an energy 
conservation standard that are in accordance with the provisions of 42 
U.S.C. 6295(o). 42 U.S.C. 6295(p)(4). EPCA requires a notice of 
proposed rulemaking (NOPR) that proposes an identical energy 
conservation standard to be published simultaneously with the direct 
final rule. Id. A public comment period of at least 110 days must be 
provided. Id. 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. Id. If the Secretary makes such 
a determination, DOE must withdraw the direct final rule and proceed 
with the simultaneously published notice of proposed rulemaking. Id. 
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))

[[Page 42390]]

(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 Joint Petitioners' 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).
---------------------------------------------------------------------------

    \1\ DOE Docket No. EERE-2007-BT-STD-0010, Comment 35.
---------------------------------------------------------------------------

    As discussed in the direct final rule, DOE determined that the 
relevant criteria under 42 U.S.C. 6295(o) were satisfied and adopted 
the amended energy conservation standards for clothes dryers and room 
air conditioners through the direct final rule, as authorized by 42 
U.S.C. (p)(4). 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 a NOPR published in the Federal Register on April 8, 2013, DOE 
proposed 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. 78 FR 20842. Specifically, DOE 
proposed to correct the product class definitions for room air 
conditioners without reverse cycle and with louvered sides as follows:

------------------------------------------------------------------------
          Product class                         Definition
------------------------------------------------------------------------
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.
------------------------------------------------------------------------

    DOE received two comments in response to the April 8, 2013 NOPR. 
Both the comment submitted by AHAM and the comment submitted jointly by 
ASAP, ASE, ACEEE, and NRDC (collectively, the ``Joint Commenters'') 
were supportive of the proposed revisions to correct the product class 
definitions, such that the revised definitions are the same as those 
put forth in the Joint Petition. (AHAM, No. 2 at pp. 1-2; \2\ Joint 
Commenters, No. 3 at p. 1) DOE adopts this correction to the product 
class definitions in today's final rule.
---------------------------------------------------------------------------

    \2\ A notation in the form ``AHAM, No. 2 at pp. 1-2'' identifies 
a written comment: (1) Made by the Association of Home Appliance 
Manufacturers; (2) recorded in document number 2 that is filed in 
the docket of the residential clothes dryer and room air conditioner 
energy conservation standards rulemaking (Docket No. EERE-2013-BT-
STD-0020) and available for review at www.regulations.gov; and (3) 
that appears on pages 1-2.
---------------------------------------------------------------------------

    Additionally, DOE is fixing a printing error in the codification of 
the standards table for product classes 5a and 5b and 8a and 8b. The 
direct final rule that was published in the Federal Register on April 
21, 2011, showed, consistent with the Joint Petition, separate, but 
identical energy conservation standard levels for both product classes 
5a and 5b and 8a and 8b. 76 FR 22454. However, in codification of the 
table, the energy efficiency ratio, effective from Oct. 1, 2000 to May 
31, 2014, for product class 5a was combined with the ratio for product 
class 5b and the energy efficiency ratio, effective from Oct. 1, 2000 
to May 31, 2014, for product class 8a was combined with the energy 
efficiency ratio for product class 8b, which resulted in a formatting 
error when published in the Federal Register. Today's rule corrects 
that error by showing the standards for product classes 5a and 5b and 
8a and 8b as separate cells in the table.

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. 76 FR 
22454. 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 July 10, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE amends 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.

------------------------------------------------------------------------
                                 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 27,999 Btu/h.......
5b. Without reverse cycle,                      8.5                  9.0
 with 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,                      8.5                  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.........

[[Page 42391]]

 
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
16. Casement-Slider...........                  9.5                 10.4
------------------------------------------------------------------------

* * * * *
[FR Doc. 2013-17005 Filed 7-15-13; 8:45 am]
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