[Federal Register Volume 86, Number 87 (Friday, May 7, 2021)]
[Rules and Regulations]
[Pages 24484-24485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-09696]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2020-BT-STD-0001]
RIN 1904-AE86


Energy Conservation Program: Establishment of New Product Classes 
for Residential Clothes Washers and Consumer Clothes Dryers; Correction

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

ACTION: Final rule; correction.

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SUMMARY: On December 16, 2020, the U.S. Department of Energy (``DOE'') 
published a final rule adopting separate product classes for top-
loading consumer (residential) clothes washers and consumer clothes 
dryers that offer cycle times for a normal cycle of less than 30 
minutes, and for front-loading residential clothes washers that offer 
cycle times for a normal cycle of less than 45 minutes (``December 2020 
final rule''). This document corrects an omission in the amended 
regulatory text as it appeared in the December 2020 final rule. Neither 
the error nor the correction in this document affect the substance of 
the rulemaking or any conclusions reached in support of the final rule.

DATES: Effective May 7, 2021.

FOR FURTHER INFORMATION CONTACT:
    Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Email: 
[email protected].
    Ms. Kathryn McIntosh, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-2002. Email: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    DOE published a final rule in the Federal Register on December 16, 
2020, establishing separate product classes for top-loading consumer 
(residential) clothes washers and consumer clothes dryers that offer 
cycle times for a normal cycle of less than 30 minutes, and for front-
loading residential clothes washers that offer cycle times for a normal 
cycle of less than 45 minutes. 85 FR 81359. In a review of the December 
2020 final rule, DOE identified an omission in the amended regulatory 
text for consumer clothes dryers. Specifically, the regulatory text 
that establishes separate product classes for vented electric standard 
clothes dryers and vented gas clothes dryers with a cycle time of less 
than 30 minutes omitted the distinction that the 30-minute cycle time 
is determined when conducting the test procedure at title 10 of the 
Code of Federal Regulations (``CFR''), part 430, subpart B, appendix D2 
(``appendix D2''). This distinction was provided in the regulatory text 
of the notice of proposed rulemaking published on August 13, 2020 (85 
FR

[[Page 24485]]

49297, 49311) and is supported by the discussion in the preamble of the 
December 2020 final rule.\1\
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    \1\ The separate product classes for clothes dryers were based, 
in part, on data generated from testing in accordance with appendix 
D2. 85 FR 81359, 81360. Additionally, as explained in the December 
2020 final rule, the clothes dryer test procedure at 10 CFR part 
430, subpart B, appendix D1 does not provide data that can be used 
to determine a ``cycle time'' because the drying cycle is 
artificially terminated. As explained in the final rule, the 
artificially-terminated cycle has a field use factor applied to 
calculate representative energy consumption. 85 FR 81359, 81360 
(footnote 2). DOE relied on appendix D2 as the basis for defining 
the 30-minute cycle time distinction because appendix D2 provides 
representative energy use and a corresponding cycle time, as the 
cycle is run from start to completion without being artificially 
terminated. Id.
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    DOE published a correction notice on January 19, 2021 (``January 
2021 correction notice'') responding to specific comments submitted by 
the Pacific Gas and Electric Company, San Diego Gas and Electric, and 
Southern California Edison in response to DOE's notice of proposed 
rulemaking published on August 13, 2020, which were inadvertently 
omitted from the December 2020 final rule. 86 FR 4883. DOE considered 
these comments and determined that in most instances, these comments 
raised issues substantially similar to those raised by other commenters 
that DOE had considered and addressed in the December 2020 final rule. 
To the extent that these comments raised issues not explicitly 
addressed in the December 2020 final rule, DOE determined that the 
comments did not alter any of the conclusions reached in support of the 
final rule and would not have resulted in an outcome different than as 
set forth in the final rule. Id. This omission in the amended 
regulatory text also appeared in the January 2021 correction.
    The substance of this final rule correction is distinct from the 
substance of the January 2021 correction notice.

II. Need for Correction

    As published, the regulatory text in the December 2020 final rule 
may result in confusion as to the required test procedure for 
determining cycle time due to the omission of the distinction that the 
30-minute cycle time for clothes dryers is determined when conducting 
the test procedure at appendix D2. Because this final rule would simply 
correct errors in the text without making substantive changes in the 
December 2020 final rule, the changes addressed in this document are 
technical in nature.

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the December 2020 final 
rule remain unchanged for this final rule technical correction. These 
determinations are set forth in the December 2020 final rule. 85 FR 
81359, 81373.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), DOE finds that there is good cause to not issue a 
separate notice to solicit public comment on the changes contained in 
this document. Issuing a separate notice to solicit public comment 
would be impracticable, unnecessary, and contrary to the public 
interest. Neither the errors nor the corrections in this document 
affect the substance of the December 2020 final rule or any of the 
conclusions reached in support of the final rule. Providing prior 
notice and an opportunity for public comment on correcting objective, 
typographical errors that do not change the substance of the test 
procedure serves no useful purpose.
    Further, this rule correcting a regulatory text omission makes non-
substantive changes to the test procedure. As such, this rule is not 
subject to the 30-day delay in effective date requirement of 5 U.S.C. 
553(d) otherwise applicable to rules that make substantive changes.

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.

Signing Authority

    This document of the Department of Energy was signed on May 3, 
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary 
and Acting Assistant Secretary for Energy Efficiency and Renewable 
Energy, pursuant to delegated authority from the Secretary of Energy. 
That document with the original signature and date is maintained by 
DOE. For administrative purposes only, and in compliance with 
requirements of the Office of the Federal Register, the undersigned DOE 
Federal Register Liaison Officer has been authorized to sign and submit 
the document in electronic format for publication, as an official 
document of the Department of Energy. This administrative process in no 
way alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on May 4, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE corrects part 430 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations by making the following correcting amendments:

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 (h)(3)(ii) to read 
as follows:


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

* * * * *
    (h) * * *
    (3) * * *
    (ii) Vented, electric standard clothes dryers and vented gas 
clothes dryers with a cycle time of less than 30 minutes, when tested 
according to appendix D2 in subpart B of this part, are not currently 
subject to energy conservation standards.
* * * * *
[FR Doc. 2021-09696 Filed 5-6-21; 8:45 am]
BILLING CODE 6450-01-P