[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Rules and Regulations]
[Pages 7366-7370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02355]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2013-BT-TP-0044]
RIN 1904-AD06


Energy Conservation Program: Compliance Date for the Dehumidifier 
Test Procedure

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

ACTION: Final rule.

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

SUMMARY: The Department of Energy (DOE) is issuing a final rule that 
will require manufacturers to test dehumidifiers using the active mode 
provisions in the test procedure for dehumidifiers currently found in 
DOE regulations to determine compliance with the existing energy 
conservation standards. The appendix in its entirety will be required 
for use by manufacturers that make representations of standby mode or 
off mode energy use, and, after the compliance date for any amended 
energy conservation standards enacted in the future that incorporate 
measures of standby mode and off mode energy use, to demonstrate 
compliance with such amended standards. The amendments in this final 
rule modify the compliance dates to allow use of the ANSI/AHAM DH-1-
2008 in the near term.

DATES: The effective date of this rule is March 10, 2014. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of March 10, 
2014.

ADDRESSES: The docket, which includes Federal Register notices, 
comments, and other supporting documents/materials, is available for 
review at regulations.gov. 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.
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0044. This Web 
page will contain a link to the docket for this rule on the 
regulations.gov site. 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: Ashley Armstrong, 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. Email: [email protected].
    Elizabeth Kohl, U.S. Department of Energy, Office of the General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-7796. Email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Discussion
III. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
    M. Congressional Notification
IV. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. (All references to 
EPCA refer to the statute as amended through the American Energy 
Manufacturing Technical Corrections Act (AEMTCA), Public Law 112-210 
(Dec. 18, 2012).) Part B of title

[[Page 7367]]

III, which for editorial reasons was redesignated as Part A upon 
incorporation into the U. S. Code (42 U.S.C. 6291-6309, as codified), 
establishes the ``Energy Conservation Program for Consumer Products 
Other Than Automobiles.'' The list of ``covered products'' under EPCA 
includes dehumidifiers, which are the subject of today's rule. 42 
U.S.C. 6292(a)(11).
    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
products must use to: (1) Ensure that their products meet the 
applicable energy conservation standards adopted under EPCA; and (2) 
make representations about the efficiency of those products. DOE must 
use the test procedures to ensure compliance with DOE's energy 
conservation standards. 42 U.S.C. 6295(s)

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under section 6293 must be reasonably 
designed to produce test results which measure energy efficiency, 
energy use, or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In 
addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2))
    The Energy Policy Act of 2005 (EPACT) amended EPCA to specify that 
the dehumidifier test criteria used under the ENERGY STAR \1\ program 
in effect as of January 1, 2001, must serve as the basis for the DOE 
test procedure for dehumidifiers, unless revised by DOE. (EPACT, 
section 135(b); 42 U.S.C. 6293(b)(13)) The ENERGY STAR test criteria 
required that the Canadian Standards Association (CAN/CSA) standard 
CAN/CSA-C749-1994 (R2005), ``Performance of Dehumidifiers,'' be used to 
calculate the energy factor (EF) and that ANSI/AHAM Standard DH-1, 
``Dehumidifiers,'' be used to measure capacity. The ENERGY STAR test 
criteria did not specify which version of ANSI/AHAM Standard DH-1, 
``Dehumidifiers,'' was to be used, although the version in effect on 
January 1, 2001, was ANSI/AHAM DH-1-1992. DOE adopted these test 
criteria, along with related definitions and tolerances, as its test 
procedure for dehumidifiers at 10 Code of Federal Regulations (CFR) 
part 430, subpart B, appendix X in 2006. 71 FR 71340, 71347, 71366, 
713667-68 (Dec. 8, 2006).
---------------------------------------------------------------------------

    \1\ For more information, please visit http://www.energystar.gov/.
---------------------------------------------------------------------------

    On October 31, 2012, DOE published a final rule to establish a new 
test procedure for dehumidifiers that references ANSI/AHAM Standard DH-
1-2008, ``Dehumidifiers,'' (ANSI/AHAM DH-1-2008) rather than the ENERGY 
STAR test criteria for both energy use and capacity measurements. 77 FR 
65995 (Oct. 31, 2012). The final rule also adopted standby and off mode 
provisions that satisfy the requirement in the Energy Independence and 
Security Act of 2007 (EISA) for DOE to include measures of standby mode 
and off mode energy consumption in its test procedures for residential 
products, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) This new 
DOE test procedure, codified at 10 CFR part 430, subpart B, appendix X1 
(``appendix X1''), establishes a new metric, integrated energy factor 
(IEF), which incorporates measures of active mode, standby mode, and 
off mode energy use. Appendix X1 is not currently required to 
demonstrate compliance with energy conservation standards, but would be 
required after the compliance date of any amended standards that 
include standby mode and off mode energy consumption. Manufacturers may 
currently use the test procedure set forth in either appendix X or 
appendix X1 to make representations related to active mode energy 
consumption of dehumidifiers; however, manufacturers are required to 
use the test procedure set forth in appendix X1 to make any 
representations related to standby mode and off mode energy 
consumption.
    On October 22, 2013, DOE published a NOPR (``October 2013 NOPR'') 
proposing to require manufacturers to test using the active mode 
provisions in appendix X1 to determine compliance with the existing 
energy conservation standards. DOE determined that the active mode 
provisions of appendix X1 are the functional equivalent of the active 
mode provisions of appendix X. In addition, appendix X1 in its entirety 
would be required for use by manufacturers that make representations of 
standby mode or off mode energy use, and, after the compliance date for 
any amended energy conservation standards that incorporate standby mode 
or off mode energy use, to demonstrate compliance with those standards. 
In addition, 30 days after publication of the final rule in the Federal 
Register, the existing appendix X would be removed from the Federal 
Register, and appendix X1 would be re-designated as appendix X. 78 FR 
62488 (Oct. 22, 2013).

II. Discussion

    In the October 2013 NOPR, DOE stated that although manufacturers 
may currently test dehumidifiers using the test procedure set forth in 
either appendix X or appendix X1 to determine compliance with existing 
energy conservation standards and to make representations related to 
active mode energy consumption, DOE believes that manufacturers and 
test laboratories typically use ANSI/AHAM DH-1-2008 for such purposes, 
consistent with the requirements of appendix X1. DOE further noted that 
the use of the current version of ANSI/AHAM DH-1 is required to be used 
for other industry testing purposes, such as for the AHAM dehumidifier 
verification program, and at this time ANSI/AHAM DH-1-2008 is the 
current version. In addition, appendix X is functionally equivalent to 
the active mode provisions of appendix X1. 78 FR 62488, 62488 (Oct. 22, 
2013).
    Therefore, DOE proposed in the October 2013 NOPR that, as of 30 
days after publication of the final rule, manufacturers would 
demonstrate compliance with existing energy conservation standards 
using appendix X1 (re-designated as appendix X) and that appendix X 
would no longer be used and would be removed from the Federal Register. 
DOE also proposed to clarify that, to preclude unnecessary testing 
burden, manufacturers that do not make representations with respect to 
standby mode and off mode energy consumption may perform only the 
active mode test provisions when testing to determine compliance with 
existing standards. Manufacturers would have 180 additional days to 
make any changes needed to representations, including labels, 
certification reports, marketing materials, etc., although DOE did not 
expect any modifications would be needed because the proposal would not 
change measured energy consumption. Finally, DOE proposed to amend the 
test procedures at 10 CFR 430.23(z) to require that EF, when measured, 
be determined according to the relevant active mode provisions of 
appendix X1 (re-designated as appendix X), and IEF, when measured, be

[[Page 7368]]

determined according to appendix X1 (re-designated as appendix X) in 
its entirety. Id.
    In response to the October 2013 NOPR, AHAM expressed support for 
DOE's proposal to require the use of the active mode provisions of 
appendix X1 to determine compliance with existing energy conservation 
standards. According to AHAM, current practice is to test according to 
ANSI/AHAM DH-1-2008. In addition, AHAM agreed that appendix X is 
functionally equivalent to the active mode provisions of appendix X1, 
and that the proposal would not be expected to cause changes in 
measured dehumidifier energy efficiency. (AHAM, No. 2 at p. 2) \2\ AHAM 
also submitted suggested clarifications to the active mode provisions 
in appendix X1 related to control settings and psychrometer 
requirements. DOE will address such proposals in a separate rulemaking. 
In consideration of this support and for the reasons discussed 
previously, DOE adopts in this final rule the amendments that were 
proposed in the October 2013 NOPR.
---------------------------------------------------------------------------

    \2\ A notation in the form ``AHAM, No. 2 at p. 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 dehumidifier test procedure rulemaking 
(Docket No. EERE-2013- BT-TP-0044) and available for review at 
www.regulations.gov; and (3) which appears on page 2 of document 
number 2.
---------------------------------------------------------------------------

III. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

    The Office of Management and Budget (OMB) has determined that test 
procedure rulemakings do not constitute ``significant regulatory 
actions'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this 
action was not subject to review under the Executive Order by the 
Office of Information and Regulatory Affairs (OIRA) in the Office of 
Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires 
preparation of an initial regulatory flexibility analysis (IFRA) for 
any rule that by law must be proposed for public comment, unless the 
agency certifies that the rule, if promulgated, will not have a 
significant economic impact on a substantial number of small entities. 
As required by Executive Order 13272, ``Proper Consideration of Small 
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE 
published procedures and policies on February 19, 2003, to ensure that 
the potential impacts of its rules on small entities are properly 
considered during the DOE rulemaking process. 68 FR 7990. DOE has made 
its procedures and policies available on the Office of the General 
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
    DOE reviewed today's final rule under the provisions of the 
Regulatory Flexibility Act and the procedures and policies published on 
February 19, 2003. DOE has concluded that the rule will not have a 
significant impact on a substantial number of small entities. The 
factual basis for this certification is as follows:
    The Small Business Administration (SBA) considers a business entity 
to be small business, if, together with its affiliates, it employs less 
than a threshold number of workers specified in 13 CFR part 121. These 
size standards and codes are established by the North American Industry 
Classification System (NAICS). The threshold number for NAICS 
classification code 335211, ``Electric Housewares and Household Fan 
Manufacturing,'' which applies to dehumidifier manufacturers, is 750 
employees.
    Most of the manufacturers supplying residential dehumidifiers are 
large multinational corporations. DOE surveyed the AHAM member 
directory to identify manufacturers of residential dehumidifiers. DOE 
then consulted publicly-available data, purchased company reports from 
vendors such as Dun and Bradstreet, and contacted manufacturers, where 
needed, to determine if they meet the SBA's definition of a ``small 
business manufacturing facility'' and have their manufacturing 
facilities located within the United States. Based on this analysis, 
DOE identified five small businesses that manufacture residential 
dehumidifiers.
    Today's final rule amends DOE's test procedures for dehumidifiers 
by requiring use of the procedures at appendix XI (re-designated as 
appendix X), which DOE understands is consistent with current industry 
practice. These procedures require use of an updated industry 
dehumidifier test method, which may potentially require manufacturers 
to install a larger test chamber and different air handling equipment. 
However, many manufacturers may already be using ANSI/AHAM DH-1-2008 in 
certifying their products. DOE notes that one of the small businesses 
has products listed in AHAM's current dehumidifier database of verified 
products, indicating that those tests were conducted according to DH-1-
2008. In addition, AHAM selected an independent test laboratory to 
conduct dehumidifier testing and verification for its certification 
program using DH-1-2008. It is likely that this laboratory also 
performs testing for manufacturers to determine compliance with energy 
conservation standards in the same facility as the AHAM verification 
testing. Therefore, DOE concluded in the October 2012 final rule that 
established these procedures that small businesses will not be likely 
to require investments in facility upgrades due to the requirement to 
use the DOE dehumidifier test procedure that references DH-1-2008.
    For these reasons, DOE concludes and certifies that today's final 
rule requiring earlier use of these procedures, consistent with current 
industry practice, will not have a significant economic impact on a 
substantial number of small entities. Accordingly, DOE has not prepared 
a regulatory flexibility analysis for this rulemaking. DOE has 
transmitted the certification and supporting statement of factual basis 
to the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 
605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of residential dehumidifiers must certify to DOE that 
their products comply with any applicable energy conservation 
standards. In certifying compliance, manufacturers must test their 
products according to the DOE test procedures for dehumidifiers, 
including any amendments adopted for those test procedures. DOE has 
established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including dehumidifiers. (76 FR 12422 (March 7, 2011). The 
collection-of-information requirement for the certification and 
recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). This requirement has been approved by 
OMB under OMB control number 1910-1400. Public reporting burden for the 
certification is estimated to average 20 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply

[[Page 7369]]

with, a collection of information subject to the requirements of the 
PRA, unless that collection of information displays a currently valid 
OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this final rule, DOE amends its test procedure for 
dehumidifiers. DOE has determined that this rule falls into a class of 
actions that are categorically excluded from review under the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's 
implementing regulations at 10 CFR part 1021. Specifically, this rule 
amends an existing rule without affecting the amount, quality or 
distribution of energy usage, and, therefore, will not result in any 
environmental impacts. Thus, this rulemaking is covered by Categorical 
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any 
rulemaking that interprets or amends an existing rule without changing 
the environmental effect of that rule. Accordingly, neither an 
environmental assessment nor an environmental impact statement is 
required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999) 
imposes certain requirements on agencies formulating and implementing 
policies or regulations that preempt State law or that have Federalism 
implications. The Executive Order requires agencies to examine the 
constitutional and statutory authority supporting any action that would 
limit the policymaking discretion of the States and to carefully assess 
the necessity for such actions. The Executive Order also requires 
agencies to have an accountable process to ensure meaningful and timely 
input by State and local officials in the development of regulatory 
policies that have Federalism implications. On March 14, 2000, DOE 
published a statement of policy describing the intergovernmental 
consultation process it will follow in the development of such 
regulations. 65 FR 13735. DOE examined this final rule and determined 
that it will not have a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. EPCA governs and prescribes Federal preemption of State 
regulations as to energy conservation for the products that are the 
subject of today's final rule. States can petition DOE for exemption 
from such preemption to the extent, and based on criteria, set forth in 
EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive 
Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) Clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear legal standard for 
affected conduct while promoting simplification and burden reduction; 
(4) specifies the retroactive effect, if any; (5) adequately defines 
key terms; and (6) addresses other important issues affecting clarity 
and general draftsmanship under any guidelines issued by the Attorney 
General. Section 3(c) of Executive Order 12988 requires Executive 
agencies to review regulations in light of applicable standards in 
sections 3(a) and 3(b) to determine whether they are met or it is 
unreasonable to meet one or more of them. DOE has completed the 
required review and determined that, to the extent permitted by law, 
this final rule meets the relevant standards of Executive Order 12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a regulatory action resulting in a rule that may cause the 
expenditure by State, local, and Tribal governments, in the aggregate, 
or by the private sector of $100 million or more in any one year 
(adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. 62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel. DOE examined today's 
final rule according to UMRA and its statement of policy and determined 
that the rule contains neither an intergovernmental mandate, nor a 
mandate that may result in the expenditure of $100 million or more in 
any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
Today's final rule will not have any impact on the autonomy or 
integrity of the family as an institution. Accordingly, DOE has 
concluded that it is not necessary to prepare a Family Policymaking 
Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's final rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

[[Page 7370]]

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any significant energy action. A 
``significant energy action'' is defined as any action by an agency 
that promulgated or is expected to lead to promulgation of a final 
rule, and that: (1) Is a significant regulatory action under Executive 
Order 12866, or any successor order; and (2) is likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any significant energy action, the 
agency must give a detailed statement of any adverse effects on energy 
supply, distribution, or use if the regulation is implemented, and of 
reasonable alternatives to the action and their expected benefits on 
energy supply, distribution, and use.
    Today's regulatory action is not a significant regulatory action 
under Executive Order 12866. Moreover, it would not have a significant 
adverse effect on the supply, distribution, or use of energy, nor has 
it been designated as a significant energy action by the Administrator 
of OIRA. Therefore, it is not a significant energy action, and, 
accordingly, DOE has not prepared a Statement of Energy Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA) 
Section 32 essentially provides in relevant part that, where a proposed 
rule authorizes or requires use of commercial standards, the notice of 
proposed rulemaking must inform the public of the use and background of 
such standards. In addition, section 32(c) requires DOE to consult with 
the Attorney General and the Chairman of the Federal Trade Commission 
(FTC) concerning the impact of the commercial or industry standards on 
competition. DOE required the use of a commercial standard (DH-1-2008) 
in the October 2012 final rule. This rule requires earlier use of the 
October 2012 test procedures in this rulemaking, but does not require 
the use of a commercial standard, so these requirements do not apply.

M. Congressional Notification

    As required by 5 U.S.C. 801, DOE will report to Congress on the 
promulgation of today's rule before its effective date. The report will 
state that it has been determined that the rule is not a ``major rule'' 
as defined by 5 U.S.C. 804(2).

IV. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this final 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on January 29, 2014.
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 
Chapter II of Title 10, 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.


Sec.  430.3  [Amended]

0
2. Section 430.3 is amended by removing ``X1'' from paragraphs (h)(1) 
and (o)(4) and adding ``X'' in its place.

0
3. Section 430.23 is amended by revising paragraph (z) to read as 
follows:


Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (z) Dehumidifiers. (1) When measuring the energy factor for 
dehumidifiers (see the note at the beginning of appendix X to this 
subpart), expressed in liters per kilowatt hour (L/kWh), energy factor 
shall be measured in accordance with section 4.1 of appendix X to this 
subpart.
    (2) When measuring the integrated energy factor for dehumidifiers 
(see the note at the beginning of appendix X to this subpart), 
expressed in L/kWh, integrated energy factor shall be determined 
according to paragraph 5.2 of appendix X to this subpart.
* * * * *

Appendix X to Subpart B of Part 430--[Removed]

0
4. Appendix X to subpart B of part 430 is removed.

Appendix X1 to Subpart B of Part 430--[Redesignated as Appendix X]

0
5. Appendix X1 to subpart B of part 430 is redesignated as appendix X.

0
6. Redesignated appendix X to subpart B of part 430 is amended by 
revising the Note after the heading to read as follows:

Appendix X to Subpart B of Part 430-Uniform Test Method for Measuring 
the Energy Consumption of Dehumidifiers

    Note: After August 6, 2014, any representations made with 
respect to the energy use or efficiency of dehumidifiers must be 
made in accordance with the results of testing pursuant to this 
appendix. After this date, if a manufacturer elects to make 
representations with regard to standby mode and off mode energy 
consumption, then testing must also include the provisions of this 
appendix related to standby mode and off mode energy consumption.

* * * * *
[FR Doc. 2014-02355 Filed 2-6-14; 8:45 am]
BILLING CODE 6450-01-P