[Federal Register Volume 79, Number 99 (Thursday, May 22, 2014)]
[Proposed Rules]
[Pages 29380-29383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-11763]


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 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 79, No. 99 / Thursday, May 22, 2014 / 
Proposed Rules  

[[Page 29380]]



DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2012-BT-STD-0027]
RIN 1904-AC81


Energy Conservation Standards for Residential Dehumidifiers: 
Public Meeting and Availability of the Preliminary Technical Support 
Document

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

ACTION: Notice of public meeting and availability of preliminary 
technical support document.

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SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting 
to discuss and receive comments on the preliminary analysis it has 
conducted for purposes of establishing energy conservation standards 
for residential dehumidifiers. The meeting will cover the analytical 
framework, models, and tools that DOE is using to evaluate potential 
standards for this product; the results of preliminary analyses 
performed by DOE for this product; the potential energy conservation 
standard levels derived from these analyses that DOE could consider for 
this product; and any other issues relevant to the development of 
energy conservation standards for this product. In addition, DOE 
encourages written comments on these subjects. To inform interested 
parties and to facilitate this process, DOE has prepared an agenda, a 
preliminary technical support document (TSD), and briefing materials, 
which are available on the DOE Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/47.

DATES: DOE will hold a public meeting on Friday, June 13, 2014 from 1 
p.m. to 4 p.m., in Washington, DC. Additionally, DOE plans to allow for 
participation in the public meeting via webinar. DOE will accept 
comments, data, and other information regarding this rulemaking before 
or after the public meeting, but no later than July 21, 2014. See 
section IV, ``Public Participation,'' of this notice of public meeting 
(NOPM) for details.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, Room 8E-089, 1000 Independence Avenue SW., 
Washington, DC 20585-0121.
    Interested persons may submit comments, identified by docket number 
EERE-2012-BT-STD-0027 and/or Regulation Identification Number (RIN) 
1904-AC81, by any of the following methods:
     Federal eRulemaking Portal: www.regulations.gov. Follow 
the instructions for submitting comments.
     Email: [email protected]. Include the 
docket number EERE-2012-BT-STD-0027 and/or RIN 1904-AC81 in the subject 
line of the message.
     Mail: Ms. Brenda Edwards, U.S. Department of Energy, 
Building Technologies Program, Mailstop EE-5B, 1000 Independence Avenue 
SW., Washington, DC 20585-0121. If possible, please submit all items on 
a compact disc (CD), in which case it is not necessary to include 
printed copies. [Please note that comments and CDs sent by mail are 
often delayed and may be damaged by mail screening processes.]
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Office, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone (202) 586-2945. If possible, 
please submit all items on CD, in which case it is not necessary to 
include printed copies.
    Docket: The docket is available for review at www.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 
www.regulations.gov index. However, not all documents listed in the 
index may be publicly available, such as information that is exempt 
from public disclosure.
    The rulemaking Web page can be found at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/47. This Web page contains a link to the docket for this notice 
on the regulation.gov site. The regulations.gov Web page contains 
instructions on how to access all documents in the docket, including 
public comments.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section IV, ``Public 
Participation,'' of this document. For further information on how to 
submit a comment, review other public comments and the docket, or 
participate in the public meeting, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: [email protected].

FOR FURTHER INFORMATION CONTACT: Ms. Ashley Armstrong, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-5B, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Email: [email protected]. Or visit DOE's 
dehumidifier Web page at http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/47 for information about 
any existing standards and test procedures, and the history and impacts 
of previous DOE regulatory actions, for this category of products.
    In the Office of the General Counsel, contact Ms. 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
II. History of Energy Conservation Standards Rulemaking for 
Residential Dehumidifiers
    A. Background
    B. Current Rulemaking Process
III. Summary of the Analyses Performed by DOE
    A. Engineering Analysis
    B. Markups To Determine Prices
    C. Energy Use Analysis
    D. Life-Cycle Cost and Payback Period Analyses
    E. National Impact Analysis
IV. Public Participation
    A. Attendance at Public Meeting
    B. Procedure for Submitting Requests To Speak
    C. Conduct of Public Meeting
    D. Submission of Comments
V. Approval of the Office of the Secretary


[[Page 29381]]



I. Authority

    Title III, Part B \1\ of the Energy Policy and Conservation Act of 
1975, as amended, (EPCA or the Act), Public Law 94-163 (42 U.S.C. 6291-
6309, as codified) sets forth a variety of provisions designed to 
improve energy efficiency and established the Energy Conservation 
Program for Consumer Products Other Than Automobiles, a program 
covering most major household appliances.\2\
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
    \2\ All references to EPCA in this document refer to the statute 
as amended through the American Energy Manufacturing Technical 
Corrections Act (AEMTCA), Public Law 112-210 (Dec. 18, 2012).
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    EPCA established energy conservation standards for dehumidifiers 
\3\ manufactured as of October 1, 2007. 42 U.S.C. 6295(g). EPCA also 
required that DOE issue a final rule by October 1, 2009, to determine 
whether these standards should be amended. (Id.) Compliance with any 
amended standards would be required for dehumidifiers manufactured as 
of October 1, 2012. (Id.) In the event that DOE did not publish a final 
rule, EPCA specified a new set of amended standards with a compliance 
date of October 1, 2012. (Id.) Congress subsequently amended EPCA to 
prescribe new energy conservation standards for dehumidifiers 
manufactured on or after October 1, 2012. DOE codified these standards 
at 10 CFR 430.32(v)(2). 74 FR 12058 (Mar. 23, 2009).
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    \3\ Dehumidifiers are defined as self-contained, electrically 
operated, and mechanically encased assemblies consisting of: (1) A 
refrigerated surface (evaporator) that condenses moisture from the 
atmosphere; (2) a refrigerating system, including an electric motor; 
(3) an air-circulating fan; and (4) a means for collecting or 
disposing of the condensate. (42 U.S.C. 6291(34)).
---------------------------------------------------------------------------

    EPCA also requires that, not later than 6 years after the issuance 
of a final rule establishing or amending a standard, DOE publish a 
notice of proposed rulemaking (NOPR) proposing new standards or a 
notice of determination that the existing standards do not need to be 
amended. (42 U.S.C. 6295(m)(1))
    DOE is required to consider standards that: (1) Achieve the maximum 
improvement in energy efficiency that is technologically feasible and 
economically justified; and (2) result in significant conservation of 
energy. (42 U.S.C. 6295(o)(2)(A) and (o)(3)(B)) To determine whether a 
proposed standard is economically justified, DOE will, after receiving 
comments on the proposed standard, determine whether the benefits of 
the standard exceed its burdens, considering, to the greatest extent 
practicable, the following seven factors:
    1. The economic impact of the standard on manufacturers and 
consumers of products subject to the standard;
    2. The savings in operating costs throughout the estimated average 
life of the covered products in the type (or class) compared to any 
increase in the price, initial charges, or maintenance expenses for the 
covered products which are likely to result from the standard;
    3. The total projected amount of energy savings likely to result 
directly from the standard;
    4. Any lessening of the utility or the performance of the covered 
products likely to result from the standard;
    5. The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
standard;
    6. The need for national energy conservation; and
    7. Other factors the Secretary of Energy considers relevant.

(42 U.S.C. 6295(o)(2)(B)(i))
    Before proposing a standard, DOE typically seeks public input on 
the analytical framework, models, and tools that DOE will use to 
evaluate standards for the product at issue and the results of 
preliminary analyses DOE performed for the product. Today's notice 
announces the availability of the preliminary TSD, which details the 
preliminary analyses, discusses the comments DOE received from 
interested parties on the Framework Document, and summarizes the 
preliminary results of DOE's analyses. In addition, DOE is announcing a 
public meeting to solicit feedback from interested parties on its 
analytical framework, models, and preliminary results.

II. History of the Current Energy Conservation Standards Rulemaking for 
Residential Dehumidifiers

    In initiating this rulemaking, DOE prepared a Framework Document, 
``Energy Conservation Standards Rulemaking Framework Document for 
Residential Dehumidifiers,'' which describes the procedural and 
analytical approaches DOE anticipates using to evaluate energy 
conservation standards for residential dehumidifiers. This document is 
available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/47.
    DOE held a public meeting on September 24, 2012, at which it 
described the various analyses DOE would conduct as part of the 
rulemaking, such as the engineering analysis, the life-cycle cost (LCC) 
and payback period (PBP) analyses, and the national impact analysis 
(NIA). Representatives for manufacturers, trade associations, 
environmental and energy efficiency advocates, and other interested 
parties attended the meeting.
    Comments received since publication of the Framework Document have 
helped DOE identify and resolve issues related to the preliminary 
analyses. Chapter 2 of the preliminary TSD summarizes and addresses the 
comments received.

III. Summary of the Analyses Performed by DOE

    For the products covered in this rulemaking, DOE conducted in-depth 
technical analyses in the following areas: (1) Engineering; (2) markups 
to determine product price; (3) energy use; (4) life-cycle cost and 
payback period; and (5) national impacts. The preliminary TSD that 
presents the methodology and results of each of these analyses is 
available at http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/47.
    DOE also conducted, and has included in the preliminary TSD, 
several other analyses that support the major analyses or are 
preliminary analyses that will be expanded upon for a notice of 
proposed rulemaking (NOPR) if DOE proposes that amended energy 
conservation standards are technologically feasible, economically 
justified, and would save a significant amount of energy. These 
analyses include: (1) The market and technology assessment; (2) the 
screening analysis, which contributes to the engineering analysis; and 
(3) the shipments analysis, which contributes to the LCC and PBP 
analysis and NIA. In addition to these analyses, DOE has begun 
preliminary work on the manufacturer impact analysis and has identified 
the methods to be used for the consumer subgroup analysis, the 
emissions analysis, the employment impact analysis, the regulatory 
impact analysis, and the utility impact analysis. DOE will expand on 
these analyses in any notice of proposed rulemaking (NOPR).

A. Engineering Analysis

    The engineering analysis establishes the relationship between the 
cost and efficiency levels of the product that DOE is evaluating as 
potential energy conservation standards. This relationship serves as 
the basis for cost-benefit calculations for individual consumers, 
manufacturers, and the nation. The engineering analysis identifies 
representative baseline

[[Page 29382]]

products, which is the starting point for analyzing technologies that 
provide energy efficiency improvements. ``Baseline products'' refers to 
a model or models having features and technologies typically found in 
minimally-efficient products currently available on the market and, for 
products already subject to energy conservation standards, a model that 
just meets the current standard. After identifying the baseline models, 
DOE estimated manufacturer selling prices by using a consistent 
methodology and pricing scheme that includes material costs and 
manufacturer markups. Chapter 5 of the preliminary TSD discusses the 
engineering analysis.

B. Markups To Determine Prices

    DOE derives customer prices based on manufacturer markups, retailer 
markups, distributor markups, contractor markups (where appropriate), 
and sales taxes. In deriving these markups, DOE determines the major 
distribution channels for product sales, the markup associated with 
each party in each distribution channel, and the existence and 
magnitude of differences between markups for baseline products 
(baseline markups) and higher-efficiency products (incremental 
markups). DOE calculates both overall baseline and overall incremental 
markups based on the markups at each step in each distribution channel. 
Chapter 6 of the preliminary TSD addresses the markups analysis.

C. Energy Use Analysis

    The energy use analysis provides estimates of the annual energy 
consumption of residential dehumidifiers. The energy use analysis seeks 
to estimate the range of energy consumption of the products that meet 
each of the efficiency levels considered in a given rulemaking as they 
are used in the field. DOE uses these values in the LCC and PBP 
analyses and in the NIA. Chapter 7 of the preliminary TSD addresses the 
energy use analysis.

D. Life-Cycle Cost and Payback Period Analyses

    The LCC and PBP analyses determine the economic impact of potential 
standards on individual consumers. The LCC is the total cost of 
purchasing, installing and operating a considered product over the 
course of its lifetime. The LCC analysis compares the LCCs of products 
designed to meet possible energy conservation standards with the LCC of 
the product likely to be installed in the absence of standards. DOE 
determines LCCs by considering: (1) Total installed cost to the 
purchaser (which consists of manufacturer selling price, distribution 
chain markups, sales taxes, and installation cost); (2) the operating 
cost of the product (energy cost, water and wastewater cost in some 
cases, and maintenance and repair cost); (3) product lifetime; and (4) 
a discount rate that reflects the real consumer cost of capital and 
puts the LCC in present-value terms. The PBP represents the number of 
years needed to recover the increase in purchase price (including 
installation cost) of higher-efficiency products through savings in the 
operating cost of the product. PBP is calculated by dividing the 
incremental increase in installed cost of the higher efficiency 
product, compared to the baseline product, by the annual savings in 
operating costs. Chapter 8 of the preliminary TSD addresses the LCC and 
PBP analyses.

E. National Impact Analysis

    The NIA estimates the national energy savings (NES) and the net 
present value (NPV) of total consumer costs and savings expected to 
result from amended standards at specific efficiency levels (referred 
to as candidate standard levels). DOE calculated NES and NPV for each 
candidate standard level for residential dehumidifiers as the 
difference between a base-case forecast (without amended standards) and 
the standards-case forecast (with standards). Cumulative energy savings 
are the sum of the annual NES determined for the lifetime of the 
products shipped from 2019 to 2048. The NPV is the sum over time of the 
discounted net savings each year, which consists of the difference 
between total operating cost savings and increases in total installed 
costs. Critical inputs to this analysis include shipments projections, 
estimated product lifetimes, product installed costs and operating 
costs, product annual energy consumption, the base case efficiency 
projection, and discount rates. Chapter 10 of the preliminary TSD 
addresses the NIA.

IV. Public Participation

    DOE invites input from the public on all the topics described 
above. The preliminary analytical results are subject to revision 
following further review and input from the public. A complete and 
revised TSD will be made available upon issuance of a NOPR. The final 
rule establishing any amended energy conservation standards will 
contain the final analytical results and will be accompanied by a final 
rule TSD.
    DOE encourages those who wish to participate in the public meeting 
to obtain the preliminary TSD from DOE's Web site and to be prepared to 
discuss its contents. The preliminary TSD is available at: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/47. However, public meeting participants need not limit their 
comments to the topics identified in the preliminary TSD; DOE is also 
interested in receiving views concerning other relevant issues that 
participants believe would affect energy conservation standards for 
this product or that DOE should address in the NOPR.
    Furthermore, DOE welcomes all interested parties, regardless of 
whether they participate in the public meeting, to submit in writing by 
July 21, 2014 comments, data, and information on matters addressed in 
the preliminary TSD and on other matters relevant to consideration of 
energy conservation standards for residential dehumidifiers.
    The public meeting will be conducted in an informal conference 
style. A court reporter will be present to record the minutes of the 
meeting. There shall be no discussion of proprietary information, costs 
or prices, market shares, or other commercial matters regulated by 
United States antitrust laws.
    After the public meeting and the closing of the comment period, DOE 
will consider all timely-submitted comments and additional information 
obtained from interested parties, as well as information obtained 
through further analyses. Afterwards, the Department will publish 
either a determination that the standards for residential dehumidifiers 
need not be amended or a NOPR proposing to amend those standards. The 
NOPR will include proposed energy conservation standards for the 
products covered by the rulemaking, and members of the public will be 
given an opportunity to submit written and oral comments on the 
proposed standards.

A. Attendance at Public Meeting

    The time and date of the public meeting are listed in the DATES and 
ADDRESSES sections at the beginning of this notice. The public meeting 
will be held at the U.S. Department of Energy, Forrestal Building, Room 
8E-089, 1000 Independence Avenue SW., Washington, DC 20585-0121. To 
attend the public meeting, please notify Ms. Brenda Edwards at (202) 
586-2945.
    Please note that foreign nationals participating in the public 
meeting are subject to advance security screening procedures which 
require advance notice prior to attendance at the public meeting. If a 
foreign national wishes to participate in the public meeting, please

[[Page 29383]]

inform DOE of this fact as soon as possible by contacting Ms. Brenda 
Edwards at (202) 586-2945 so that the necessary procedures can be 
completed.
    DOE requires visitors to have laptops and other devices, such as 
tablets, checked upon entry into the building. Please report to the 
visitor's desk to have devices checked before proceeding through 
security.
    The purpose of the meeting is to receive comments and to help DOE 
understand potential issues associated with this rulemaking. DOE must 
receive requests to speak at the meeting before May 30, 2014 at 4:00 
p.m. DOE must receive a signed original and an electronic copy of 
statements to be given at the public meeting before May 30, 2014 at 
4:00 p.m.
    You can attend the public meeting via webinar, and registration 
information, participant instructions, and information about the 
capabilities available to webinar participants will be published on the 
following Web site: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/47. Participants are responsible for 
ensuring their computer systems are compatible with the webinar 
software.

B. Procedure for Submitting Requests To Speak

    Any person who has an interest in today's notice or who is a 
representative of a group or class of persons that has an interest in 
these issues may request an opportunity to make an oral presentation. 
Such persons may hand-deliver requests to speak, along with a computer 
diskette or CD in WordPerfect, Microsoft Word, PDF, or text (ASCII) 
file format to Ms. Brenda Edwards at the address shown in the ADDRESSES 
section at the beginning of this notice between 9:00 a.m. and 4:00 p.m. 
Monday through Friday, except Federal holidays. Requests may also be 
sent by mail to the address shown in the ADDRESSES section or email to 
[email protected].
    Persons requesting to speak should briefly describe the nature of 
their interest in this rulemaking and provide a telephone number for 
contact. DOE requests persons selected to be heard to submit an advance 
copy of their statements at least two weeks before the public meeting. 
At its discretion, DOE may permit any person who cannot supply an 
advance copy of their statement to participate, if that person has made 
advance alternative arrangements with the Building Technologies 
Program. The request to give an oral presentation should ask for such 
alternative arrangements.

C. Conduct of Public Meeting

    DOE will designate a DOE official to preside at the public meeting 
and may also employ a professional facilitator to aid discussion. The 
meeting will not be a judicial or evidentiary-type public hearing, but 
DOE will conduct it in accordance with section 336 of EPCA. (42 U.S.C. 
6306) A court reporter will record the proceedings and prepare a 
transcript. DOE reserves the right to schedule the order of 
presentations and to establish the procedures governing the conduct of 
the public meeting. After the public meeting, interested parties may 
submit further comments on the proceedings as well as on any aspect of 
the rulemaking until the end of the comment period.
    The public meeting will be conducted in an informal conference 
style. DOE will present summaries of comments received before the 
public meeting, allow time for presentations by participants, and 
encourage all interested parties to share their views on issues 
affecting this rulemaking. Each participant will be allowed to make a 
prepared general statement (within DOE-determined time limits) prior to 
the discussion of specific topics. DOE will permit other participants 
to comment briefly on any general statements.
    At the end of all prepared statements on a topic, DOE will permit 
participants to clarify their statements briefly and comment on 
statements made by others. Participants should be prepared to answer 
questions from DOE and other participants concerning these issues. DOE 
representatives may also ask questions of participants concerning other 
matters relevant to this rulemaking. The official conducting the public 
meeting will accept additional comments or questions from those 
attending, as time permits. The presiding official will announce any 
further procedural rules or modification of the above procedures that 
may be needed for the proper conduct of the public meeting.
    A transcript of the public meeting will be posted on the DOE Web 
site and will also be included in the docket, which can be viewed as 
described in the Docket section at the beginning of this notice. In 
addition, any person may buy a copy of the transcript from the 
transcribing reporter.

D. Submission of Comments

    DOE will accept comments, data, and other information regarding 
this rulemaking before or after the public meeting, but no later than 
the date provided at the beginning of this notice. Please submit 
comments, data, and other information as provided in the ADDRESSES 
section. Submit electronic comments in WordPerfect, Microsoft Word, 
PDF, or text (ASCII) file format and avoid the use of special 
characters or any form of encryption. Comments in electronic format 
should be identified by the Docket Number EERE-2012-BT-STD-0027 and/or 
RIN 1904-AC81 and, wherever possible, carry the electronic signature of 
the author. No telefacsimiles (faxes) will be accepted.
    Pursuant to 10 CFR 1004.11, any person submitting information that 
he or she believes to be confidential and exempt by law from public 
disclosure should submit two copies: One copy of the document including 
all the information believed to be confidential and one copy of the 
document with the information believed to be confidential deleted. DOE 
will make its own determination as to the confidential status of the 
information and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) a date upon which such information might lose 
its confidential nature due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this NOPM.

    Issued in Washington, DC, on May 14, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2014-11763 Filed 5-21-14; 8:45 am]
BILLING CODE 6450-01-P