Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners: Public Meeting and Availability of the Preliminary Technical Support Document, 7987-7990 [2010-3479]
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules
The Council is composed of 14
members as follows: 10 producers (one
from each of four regions and one from
each of the top six producing States); 1
importer; 1 exporter from a foreign
production area; 1 handler; and 1 public
member. Each member has an alternate.
The members and alternates are
appointed to the Council by the
Secretary of Agriculture and serve a
term of 3 years.
The Avocado Order became effective
on September 9, 2002. The Order is
administered by the Hass Avocado
Board (Board) with oversight by USDA.
The program is funded by assessments
on fresh domestic and imported Hass
avocados. Producers and importers pay
the assessment. The producer
assessment is remitted by first handlers,
and the importer assessment is remitted
by Customs. Exports of domestic Hass
avocados are exempt from assessments.
The purpose of the program is to
increase consumption of Hass avocados
in the United States.
Under the Order, a state association of
avocado producers receives 85 percent
of the assessments paid by domestic
producers, and certified importer
associations receive 85 percent of the
assessments paid by their members. The
State and importer associations use
these funds to conduct State-of-origin
and country-of-origin promotions,
respectively.
The Board is composed of 12
members, 7 who are producers and 5
who are importers. Each member has an
alternate. The members and alternates
are appointed to the Board by the
Secretary of Agriculture and serve a
term of 3 years.
AMS published in the Federal
Register on March 24, 2006 (71 FR
14827), its plan to review certain
regulations, including the Blueberry and
Avocado Orders under criteria
contained in section 610 of the RFA (5
U.S.C. 601–612). Because many AMS
regulations impact small entities, AMS
decided, as a matter of policy, to review
certain regulations which, although they
may not meet the threshold requirement
under section 610 of the RFA, warrant
review. According to the schedule
published in 2006, this notice and
request for comments is made for the
Blueberry and Avocado Orders.
The purpose of the review is to
determine whether the Orders should be
continued without change, amended, or
rescinded (consistent with the
objectives of the 1996 Act and Avocado
Act, respectively) to minimize the
impacts on small entities. AMS will
consider the following factors: (1) The
continued need for the Orders; (2) the
nature of complaints or comments
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received from the public concerning the
Orders; (3) the complexity of the Orders;
(4) the extent to which the Orders
overlap, duplicate, or conflict with other
Federal rules, and, to the extent feasible,
with State and local regulations; and (5)
the length of time since the Orders have
been evaluated or the degree to which
technology, economic conditions, or
other factors have changed in the area
affected by the Orders.
Written comments, views, opinions,
and other information regarding the
Order’s impact on small businesses are
invited.
Dated: February 17, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–3446 Filed 2–22–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2007–BT–STD–0010]
RIN 1904–AA89
Energy Conservation Standards for
Residential Clothes Dryers and Room
Air Conditioners: 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.
SUMMARY: The U. S. Department of
Energy (DOE) will hold a public meeting
to discuss and receive comments on the
product classes that DOE plans to
analyze for purposes of amending
energy conservation standards for
residential clothes dryers and room air
conditioners; the analytical framework,
models, and tools that DOE is using to
evaluate standards for these products;
the results of preliminary analyses
performed by DOE for these products;
and potential energy conservation
standard levels derived from these
analyses that DOE could consider for
these products. DOE also encourages
written comments on these subjects. To
inform stakeholders and facilitate this
process, DOE has prepared an agenda, a
preliminary Technical Support
Document (TSD), and briefing materials,
which are available at:
https://www1.eere.energy.gov/
buildings/appliance_standards/
residential/clothes_dryers.html and
https://www1.eere.energy.gov/buildings/
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appliance_standards/residential/
room_ac.html.
DATES: The Department will hold a
public meeting on Tuesday, March 16,
2010, from 9 a.m. to 5 p.m. in
Washington, DC. Any person requesting
to speak at the public meeting should
submit such request, along with an
electronic copy of the statement to be
given at the public meeting, before 4
p.m., Tuesday, March 2, 2010. Written
comments are welcome, especially
following the public meeting, and
should be submitted by April 26, 2010.
ADDRESSES: The public meeting will be
held at the U.S. Department of Energy,
Forrestal Building, Room 8E–098, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Please
note that foreign nationals participating
in the public meeting are subject to
advance security screening procedures.
If a foreign national wishes to
participate in the public meeting, please
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.
Interested persons may submit
comments, identified by docket number
EERE–2007–BT–STD–0010, by any of
the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: home_
appliance2.rulemaking@ee.doe.gov.
Include EERE–2007–BT–STD–0010 and/
or RIN 1904–AA89 in the subject line of
the message.
• Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
Public Meeting for Residential Clothes
Dryers and Room Air Conditioners,
EERE–2007–BT–STD–0010 and/or RIN
1904–AA89, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Phone: (202) 586–2945. Please
submit one signed paper original.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 6th
Floor, 950 L’Enfant Plaza, SW.,
Washington, DC 20024. Phone: (202)
586–2945. Please submit one signed
paper original.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking.
Docket: For access to the docket to
read background documents, a copy of
the transcript of the public meeting, or
comments received, go to the U.S.
Department of Energy, 6th Floor, 950
L’Enfant Plaza, SW., Washington, DC
20024, (202) 586–2945, between 9 a.m.
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Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules
and 4 p.m., Monday through Friday,
except Federal holidays. Please call Ms.
Brenda Edwards at (202) 586–2945 for
additional information regarding
visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT:
Stephen Witkowski, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies, EE–2J, 1000
Independence Avenue, SW.,
Washington, DC 20585–0121. Phone:
(202) 586–7463. e-mail:
stephen.witkowski@ee.doe.gov.
Francine Pinto or Betsy Kohl, U.S.
Department of Energy, Office of General
Counsel, GC–71, 1000 Independence
Avenue, SW., Washington, DC 20585–
0121. Phone: (202) 586–7432. e-mail:
Francine.pinto@hq.doe.gov or
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
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I. Statutory Authority
II. History of Standards Rulemaking for
Residential Clothes Dryers and Room Air
Conditioners
A. Background
B. Current Rulemaking Process
i. Residential Clothes Dryers
ii. Room Air Conditioners
iii. Consent Decree
III. Summary of the Analyses Performed by
DOE
A. Engineering Analysis
B. Markups To Determine Product Prices
C. Energy Use Characterization
D. Life-Cycle Cost and Payback Period
Analyses
E. National Impact Analysis
I. Statutory Authority
Part A of Title III of the Energy Policy
and Conservation Act of 1975 (EPCA),
42 U.S.C. 6291 et seq., established an
energy conservation program for major
household appliances, which includes
residential clothes dryers and room air
conditioners. This program authorizes
the Department to establish
technologically feasible, economically
justified energy efficiency standards for
certain consumer products that would
result in substantial national energy
savings, and for which both natural
market forces and voluntary labeling
programs have been and/or are expected
to be ineffective in promoting energy
efficiency.
DOE must design each new or
amended standard for these products to
(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)) To determine
whether a proposed standard is
economically justified, DOE must, after
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receiving comments on the proposed
standard, determine whether the
benefits of the standard exceed its
burdens to the greatest extent
practicable, weighing 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
imposition of the standard;
3. The total projected amount of
energy savings likely to result directly
from the imposition of the standard;
4. Any lessening of the utility or the
performance of the covered products
likely to result from the imposition of
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 imposition of the
standard;
6. The need for national energy
conservation; and
7. Other factors the Secretary
considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i).)
Prior to 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; the results of
preliminary analyses performed by DOE
for the product; and potential energy
conservation standard levels derived
from these analyses that DOE could
consider.
II. History of Standards Rulemaking for
Residential Clothes Dryers and Room
Air Conditioners
A. Background
The amendments to EPCA in the
National Appliance Energy
Conservation Act of 1987 (NAECA),
Public Law 100–12, established
prescriptive energy conservation
standards for residential clothes dryers
and performance energy conservation
standards for room air conditioners, as
well as requirements for determining
whether these standards should be
amended. (42 U.S.C. 6295(c) and (g).)
i. Residential Clothes Dryers
EPCA, as amended by NAECA,
requires gas clothes dryers not to be
equipped with constant burning pilots
and requires that DOE conduct two
cycles of rulemakings to determine if
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more stringent standards are justified.
(42 U.S.C. 6295 (g)(3) and (4)) DOE
defines ‘‘electric clothes dryer’’ under
EPCA as ‘‘a cabinet-like appliance
designed to dry fabrics in a tumble-type
drum with forced air circulation. The
heat source is electricity and the drum
and blower(s) are driven by an electric
motor(s).’’ (Title 10 of the Code of
Federal Regulations (CFR) 430.2) Gas
clothes dryers have a similar definition,
except the heat source is gas. On May
14, 1991, DOE published a final rule in
the Federal Register (FR) establishing
the first set of performance standards for
residential clothes dryers; the new
standards became effective on May 14,
1994. 56 FR 22250. DOE initiated a
second standards rulemaking for
residential clothes dryers by publishing
an advance notice of proposed
rulemaking (ANOPR) in the Federal
Register on November 14, 1994. 59 FR
56423. Pursuant to the priority-setting
process outlined in the July 15, 1996,
Procedures, Interpretations and Policies
for Consideration of New or Revised
Energy Conservation Standards for
Consumer Products (61 FR 36974 (July
15, 1996) (establishing 10 CFR part 430,
subpart C, appendix A); the ‘‘Process
Rule’’), however, DOE classified the
standards rulemaking for residential
clothes dryers as a low priority for its
fiscal year 1998 priority-setting process.
As a result, DOE suspended the
standards rulemaking activities for
them.
ii. Room Air Conditioners
NAECA established performance
standards for room air conditioners that
became effective on January 1, 1990,
and directed DOE to conduct two cycles
of rulemakings to determine if more
stringent standards are justified. (42
U.S.C. 6295 (c)(1) and (2)) DOE defines
‘‘room air conditioner’’ under EPCA as a
‘‘consumer product, other than a
‘packaged terminal air conditioner,’
which is powered by a single phase
electric current and which is an encased
assembly designed as a unit for
mounting in a window or through the
wall for the purpose of providing
delivery of conditioned air to an
enclosed space. It includes a prime
source of refrigeration and may include
a means for ventilating and heating.’’ (10
CFR 430.2) On March 4, 1994, DOE
published in the Federal Register a
notice of proposed rulemaking (NOPR)
for several products, including room air
conditioners. 59 FR 10464. As a result
of the Process Rule, DOE suspended
activities to finalize standards for room
air conditioners. DOE subsequently
resumed rulemaking activities related to
room air conditioners, and, on
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September 24, 1997, DOE published a
final rule establishing an updated set of
performance standards, with an
effective date of October 1, 2000. 62 FR
50122.
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iii. Consent Decree
Under the consolidated Consent
Decree in New York v. Bodman, No. 05
Civ. 7807 (S.D.N.Y. filed Sept. 7, 2005)
and Natural Resources Defense Council
v. Bodman, No. 05 Civ. 7808 (S.D.N.Y.
filed Sept. 7, 2005) DOE is required to
publish a final rule amending energy
conservation standards for residential
clothes dryers and room air conditioners
no later than June 30, 2011.
B. Current Rulemaking Process
To initiate the current rulemaking to
consider energy conservation standards,
the Department published on its Web
site the Energy Conservation Standards
Rulemaking Framework Document for
Residential Clothes Dryers and Room
Air Conditioners (the framework
document) to explain the issues,
analyses, and process that it anticipated
using for the development of energy
efficiency standards for these products.
This document is available at https://
www1.eere.energy.gov/buildings/
appliance_standards/residential/pdfs/
dryer_roomac_framework.pdf. DOE also
published a notice announcing the
availability of the framework document
and a public meeting to discuss the
proposed analytical framework, and
inviting written comments concerning
the development of standards for
residential clothes dryers and room air
conditioners. 72 FR 57254 (October 9,
2007).
The focus of the public meeting,
which was held on October 24, 2007,
was to discuss the analyses and issues
identified in various sections of the
framework document. At the meeting,
DOE described the different analyses it
would conduct, the methods proposed
for conducting them, and the
relationships among the various
analyses. Manufacturers, trade
associations, environmental advocates,
regulators, and other interested parties
attended the meeting. Comments
received since publication of the
framework document have helped
identify issues DOE needs to address in
developing a proposed standard and
provided information contributing to
DOE’s proposed resolution of these
issues.
III. Summary of the Analyses
Performed by DOE
For each of the residential clothes
dryer and room air conditioner products
currently under consideration, DOE
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conducted in-depth technical analyses
in the following areas: (1) Engineering,
(2) markups to determine product price,
(3) energy-use characterization, (4) lifecycle cost (LCC) and payback period
(PBP) analyses, and (5) national impact
analysis (NIA). These analyses resulted
in a preliminary TSD that presents the
methodology and results of each of
these analyses. The preliminary TSD is
available at the Web address given in
the SUMMARY section of this notice. The
analyses are described in more detail
below.
DOE also conducted several other
analyses that either support the five
major analyses or are preliminary
analyses that will be expanded upon for
the NOPR. These analyses include the
market and technology assessment, the
screening analysis, which contributes to
the engineering analysis, and the
shipments analysis, which contributes
to the NIA. In addition to these
analyses, DOE has completed
preliminary work on the manufacturer
impact analysis (MIA) and identified the
methods to be used for the LCC
subgroup analysis, the environmental
assessment, the employment analysis,
the regulatory impact analysis, and the
utility impact analysis. DOE will
expand on these analyses in the NOPR.
A. Engineering Analysis
The engineering analysis establishes
the relationship between the cost and
efficiency of a product DOE is
evaluating for amended energy
conservation standards. This
relationship serves as the basis for costbenefit calculations for individual
consumers, manufacturers, and the
nation. The engineering analysis
identifies representative baseline
products, which is the starting point for
analyzing technologies that provide
energy efficiency improvements.
Baseline product refers to a model or
models having features and technologies
typically found in products currently
offered for sale. The baseline model in
each product class represents the
characteristics of products in that class
and, for products already subject to
energy conservation standards, usually
is a model that just meets the current
standard. Chapter 5 of the preliminary
TSD discusses the engineering analysis.
B. Markups To Determine Product
Prices
DOE derives consumer prices for
products based on manufacturer costs,
manufacturer markups, retailer
markups, distributor markups,
contractor markups, builder markups,
and sales taxes. In deriving these
markups, DOE has determined (1) The
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distribution channels for product sales;
(2) the markup associated with each
party in the distribution channels; and
(3) the existence and magnitude of
differences between markups for
baseline products (baseline markups)
and for more efficient products
(incremental markups). DOE calculates
both overall baseline and overall
incremental markups based on the
product markups at each step in the
distribution channel. The overall
incremental markup relates the change
in the manufacturer sales price of higher
efficiency models (the incremental cost
increase) to the change in the retailer or
distributor sales price. Chapter 6 of the
preliminary TSD discusses the
estimation of markups.
C. Energy Use Characterization
The energy use characterization
provides estimates of annual energy
consumption for the residential clothes
dryers and room air conditioners, which
DOE uses in the LCC and PBP analyses
and the NIA. DOE developed energy
consumption estimates for all of the
product classes analyzed in the
engineering analysis, as the basis for its
energy use estimates. Chapter 7 of the
preliminary TSD discusses the energy
use characterization.
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 consumer expense for
a product over the life of the product.
The LCC analysis compares the LCCs of
products designed to meet possible
energy conservation standards with the
LCCs of the products 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, sales taxes, distribution chain
markups, and installation cost); (2) the
operating expenses of the products
(energy use and maintenance); (3)
product lifetime; and (4) a discount rate
that reflects the real consumer cost of
capital and puts the LCC in presentvalue terms. The PBP represents the
number of years needed to recover the
increase in purchase price (including
installation cost) of more efficient
products through savings in the
operating cost of the product. It is the
change in total installed cost due to
increased efficiency divided by the
change in annual operating cost from
increased efficiency. Chapter 8 of the
preliminary TSD discusses the LCC and
PBP analyses.
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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 new
standards at specific efficiency levels.
DOE calculated NES and NPV for each
efficiency level as the difference
between a base-case forecast (without
new standards) and the standards case
forecast (with standards). DOE
determined national annual energy
consumption by multiplying the
number of units in use (by vintage) by
the average unit energy consumption
(also by vintage). Cumulative energy
savings are the sum of the annual NES
determined over a specified time period.
The national 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, retirement rates
(based on estimated product lifetimes),
and estimates of changes in shipments
and retirement rates in response to
changes in product costs due to
standards. Chapter 10 of the preliminary
TSD discusses the NIA.
DOE consulted with interested parties
as part of its process for conducting all
of the analyses and invites further input
from the public on these topics. The
preliminary analytical results are
subject to revision following review and
input from the public. The final rule
will contain the final analysis results.
The Department encourages those
who wish to participate in the public
meeting to obtain the preliminary TSD
and to be prepared to discuss its
contents. A copy of the preliminary TSD
is available at the Web address given in
the SUMMARY section of this notice.
However, public meeting participants
need not limit their comments to the
topics identified in the preliminary
TSD. The Department is also interested
in receiving views concerning other
relevant issues that participants believe
would affect energy conservation
standards for these products or that DOE
should address in the NOPR.
Furthermore, the Department
welcomes all interested parties,
regardless of whether they participate in
the public meeting, to submit in writing
by April 26, 2010, comments and
information on matters addressed in the
preliminary TSD and on other matters
relevant to consideration of standards
for residential clothes dryers and room
air conditioners.
The public meeting will be conducted
in an informal, conference style. A court
reporter will be present to record the
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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
expiration of the period for submitting
written statements, the Department will
consider all comments and additional
information that is obtained from
interested parties or through further
analyses, and it will prepare a NOPR.
The NOPR will include proposed energy
conservation standards for the products
covered by this rulemaking, and
members of the public will be given an
opportunity to submit written and oral
comments on the proposed standards.
Issued in Washington, DC, on February 12,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy.
[FR Doc. 2010–3479 Filed 2–22–10; 8:45 am]
BILLING CODE 6450–01–P
FEDERAL HOUSING FINANCE BOARD
12 CFR Parts 950 and 980
FEDERAL HOUSING FINANCE
AGENCY
12 CFR Parts 1266 and 1272
RIN 2590–AA24
Use of Community Development Loans
by Community Financial Institutions
To Secure Advances; Secured Lending
by Federal Home Loan Banks to
Members and Their Affiliates; Transfer
of Advances and New Business
Activity Regulations
AGENCY: Federal Housing Finance
Agency; Federal Housing Finance
Board.
ACTION: Notice of proposed rulemaking;
request for comments.
SUMMARY: Section 1211 of the Housing
and Economic Recovery Act of 2008
(HERA) amended the Federal Home
Loan Bank Act (Bank Act) to expand the
types of eligible collateral that
community financial institution (CFI)
members may pledge to secure Federal
Home Loan Bank (Bank) advances to
include secured loans for community
development activities and to allow
Banks to make long-term advances to
CFI members for purposes of financing
community development activities.
Section 1211 further provides that the
Federal Housing Finance Agency
(FHFA) shall define the term
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‘‘community development activities’’ by
regulation. Consequently, FHFA is
proposing to amend the advances
regulations to allow CFI members to
pledge secured loans for community
development activities as eligible
collateral for advances, to provide that
CFI members may use long term
advances to fund community
development activities and to define
‘‘community development,’’ ‘‘community
development loan,’’ and other related
terms necessary to implement these
provisions. The proposal would also
transfer the advances and new business
activities regulations from the Federal
Housing Finance Board (FHFB)
regulations to the FHFA regulations,
and make other conforming
amendments. Finally, the proposed rule
would also make a change to the
advances regulation which would
incorporate a long-standing policy
previously established by the FHFB that
any form of secured lending by a Bank
to a member of the Federal Home Loan
Bank System (Bank System) is deemed
to be an advance. The proposed rule
would extend that policy to cover
secured lending transactions by a Bank
to affiliates of members.
DATES: Written comments must be
received on or before April 26, 2010. For
additional information, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: You may submit your
comments, identified by regulatory
information number (RIN) 2590–AA24,
by one of the following methods:
• U.S. Mail, United Postal Service,
Federal Express, or Other Mail Service:
The mailing address for comments is:
Alfred M. Pollard, General Counsel,
Attention: Comments/RIN 2590–AA24,
Federal Housing Finance Agency,
Fourth Floor, 1700 G Street, NW.,
Washington, DC 20552.
• Hand Delivered/Courier: The hand
delivery address is: Alfred M. Pollard,
General Counsel, Attention: Comments/
RIN 2590–AA24, Federal Housing
Finance Agency, Fourth Floor, 1700 G
Street, NW., Washington, DC 20552. The
package should be logged at the Guard
Desk, First Floor, on business days
between 9 a.m. and 5 p.m.
• E-mail: Comments to Alfred M.
Pollard, General Counsel may be sent by
e-mail to RegComments@fhfa.gov.
Please include ‘‘RIN 2590–AA24’’ in the
subject line of the message.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments. If
you submit your comment to the
Federal eRulemaking Portal, please also
send it by e-mail to FHFA at
RegComments@fhfa.gov to ensure
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]]>Agencies
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 7987-7990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3479]
=======================================================================
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2007-BT-STD-0010]
RIN 1904-AA89
Energy Conservation Standards for Residential Clothes Dryers and
Room Air Conditioners: 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 product classes that DOE
plans to analyze for purposes of amending energy conservation standards
for residential clothes dryers and room air conditioners; the
analytical framework, models, and tools that DOE is using to evaluate
standards for these products; the results of preliminary analyses
performed by DOE for these products; and potential energy conservation
standard levels derived from these analyses that DOE could consider for
these products. DOE also encourages written comments on these subjects.
To inform stakeholders and facilitate this process, DOE has prepared an
agenda, a preliminary Technical Support Document (TSD), and briefing
materials, which are available at:
https://www1.eere.energy.gov/buildings/appliance_standards/residential/clothes_dryers.html and https://www1.eere.energy.gov/buildings/appliance_standards/residential/room_ac.html.
DATES: The Department will hold a public meeting on Tuesday, March 16,
2010, from 9 a.m. to 5 p.m. in Washington, DC. Any person requesting to
speak at the public meeting should submit such request, along with an
electronic copy of the statement to be given at the public meeting,
before 4 p.m., Tuesday, March 2, 2010. Written comments are welcome,
especially following the public meeting, and should be submitted by
April 26, 2010.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 8E-098, 1000 Independence Avenue, SW.,
Washington, DC 20585-0121. Please note that foreign nationals
participating in the public meeting are subject to advance security
screening procedures. If a foreign national wishes to participate in
the public meeting, please 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.
Interested persons may submit comments, identified by docket number
EERE-2007-BT-STD-0010, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: home_appliance2.rulemaking@ee.doe.gov. Include
EERE-2007-BT-STD-0010 and/or RIN 1904-AA89 in the subject line of the
message.
Mail: Ms. Brenda Edwards, U.S. Department of Energy,
Building Technologies Program, Mailstop EE-2J, Public Meeting for
Residential Clothes Dryers and Room Air Conditioners, EERE-2007-BT-STD-
0010 and/or RIN 1904-AA89, 1000 Independence Avenue, SW., Washington,
DC 20585-0121. Phone: (202) 586-2945. Please submit one signed paper
original.
Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department
of Energy, Building Technologies Program, 6th Floor, 950 L'Enfant
Plaza, SW., Washington, DC 20024. Phone: (202) 586-2945. Please submit
one signed paper original.
Instructions: All submissions received must include the agency name
and docket number or RIN for this rulemaking.
Docket: For access to the docket to read background documents, a
copy of the transcript of the public meeting, or comments received, go
to the U.S. Department of Energy, 6th Floor, 950 L'Enfant Plaza, SW.,
Washington, DC 20024, (202) 586-2945, between 9 a.m.
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and 4 p.m., Monday through Friday, except Federal holidays. Please call
Ms. Brenda Edwards at (202) 586-2945 for additional information
regarding visiting the Resource Room.
FOR FURTHER INFORMATION CONTACT: Stephen Witkowski, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Phone: (202) 586-7463. e-mail:
stephen.witkowski@ee.doe.gov.
Francine Pinto or Betsy Kohl, U.S. Department of Energy, Office of
General Counsel, GC-71, 1000 Independence Avenue, SW., Washington, DC
20585-0121. Phone: (202) 586-7432. e-mail: Francine.pinto@hq.doe.gov or
Elizabeth.Kohl@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Statutory Authority
II. History of Standards Rulemaking for Residential Clothes Dryers
and Room Air Conditioners
A. Background
B. Current Rulemaking Process
i. Residential Clothes Dryers
ii. Room Air Conditioners
iii. Consent Decree
III. Summary of the Analyses Performed by DOE
A. Engineering Analysis
B. Markups To Determine Product Prices
C. Energy Use Characterization
D. Life-Cycle Cost and Payback Period Analyses
E. National Impact Analysis
I. Statutory Authority
Part A of Title III of the Energy Policy and Conservation Act of
1975 (EPCA), 42 U.S.C. 6291 et seq., established an energy conservation
program for major household appliances, which includes residential
clothes dryers and room air conditioners. This program authorizes the
Department to establish technologically feasible, economically
justified energy efficiency standards for certain consumer products
that would result in substantial national energy savings, and for which
both natural market forces and voluntary labeling programs have been
and/or are expected to be ineffective in promoting energy efficiency.
DOE must design each new or amended standard for these products to
(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)) To
determine whether a proposed standard is economically justified, DOE
must, after receiving comments on the proposed standard, determine
whether the benefits of the standard exceed its burdens to the greatest
extent practicable, weighing 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 imposition of the
standard;
3. The total projected amount of energy savings likely to result
directly from the imposition of the standard;
4. Any lessening of the utility or the performance of the covered
products likely to result from the imposition of 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
imposition of the standard;
6. The need for national energy conservation; and
7. Other factors the Secretary considers relevant.
(42 U.S.C. 6295(o)(2)(B)(i).)
Prior to 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; the results of preliminary
analyses performed by DOE for the product; and potential energy
conservation standard levels derived from these analyses that DOE could
consider.
II. History of Standards Rulemaking for Residential Clothes Dryers and
Room Air Conditioners
A. Background
The amendments to EPCA in the National Appliance Energy
Conservation Act of 1987 (NAECA), Public Law 100-12, established
prescriptive energy conservation standards for residential clothes
dryers and performance energy conservation standards for room air
conditioners, as well as requirements for determining whether these
standards should be amended. (42 U.S.C. 6295(c) and (g).)
i. Residential Clothes Dryers
EPCA, as amended by NAECA, requires gas clothes dryers not to be
equipped with constant burning pilots and requires that DOE conduct two
cycles of rulemakings to determine if more stringent standards are
justified. (42 U.S.C. 6295 (g)(3) and (4)) DOE defines ``electric
clothes dryer'' under EPCA as ``a cabinet-like appliance designed to
dry fabrics in a tumble-type drum with forced air circulation. The heat
source is electricity and the drum and blower(s) are driven by an
electric motor(s).'' (Title 10 of the Code of Federal Regulations (CFR)
430.2) Gas clothes dryers have a similar definition, except the heat
source is gas. On May 14, 1991, DOE published a final rule in the
Federal Register (FR) establishing the first set of performance
standards for residential clothes dryers; the new standards became
effective on May 14, 1994. 56 FR 22250. DOE initiated a second
standards rulemaking for residential clothes dryers by publishing an
advance notice of proposed rulemaking (ANOPR) in the Federal Register
on November 14, 1994. 59 FR 56423. Pursuant to the priority-setting
process outlined in the July 15, 1996, Procedures, Interpretations and
Policies for Consideration of New or Revised Energy Conservation
Standards for Consumer Products (61 FR 36974 (July 15, 1996)
(establishing 10 CFR part 430, subpart C, appendix A); the ``Process
Rule''), however, DOE classified the standards rulemaking for
residential clothes dryers as a low priority for its fiscal year 1998
priority-setting process. As a result, DOE suspended the standards
rulemaking activities for them.
ii. Room Air Conditioners
NAECA established performance standards for room air conditioners
that became effective on January 1, 1990, and directed DOE to conduct
two cycles of rulemakings to determine if more stringent standards are
justified. (42 U.S.C. 6295 (c)(1) and (2)) DOE defines ``room air
conditioner'' under EPCA as a ``consumer product, other than a
`packaged terminal air conditioner,' which is powered by a single phase
electric current and which is an encased assembly designed as a unit
for mounting in a window or through the wall for the purpose of
providing delivery of conditioned air to an enclosed space. It includes
a prime source of refrigeration and may include a means for ventilating
and heating.'' (10 CFR 430.2) On March 4, 1994, DOE published in the
Federal Register a notice of proposed rulemaking (NOPR) for several
products, including room air conditioners. 59 FR 10464. As a result of
the Process Rule, DOE suspended activities to finalize standards for
room air conditioners. DOE subsequently resumed rulemaking activities
related to room air conditioners, and, on
[[Page 7989]]
September 24, 1997, DOE published a final rule establishing an updated
set of performance standards, with an effective date of October 1,
2000. 62 FR 50122.
iii. Consent Decree
Under the consolidated Consent Decree in New York v. Bodman, No. 05
Civ. 7807 (S.D.N.Y. filed Sept. 7, 2005) and Natural Resources Defense
Council v. Bodman, No. 05 Civ. 7808 (S.D.N.Y. filed Sept. 7, 2005) DOE
is required to publish a final rule amending energy conservation
standards for residential clothes dryers and room air conditioners no
later than June 30, 2011.
B. Current Rulemaking Process
To initiate the current rulemaking to consider energy conservation
standards, the Department published on its Web site the Energy
Conservation Standards Rulemaking Framework Document for Residential
Clothes Dryers and Room Air Conditioners (the framework document) to
explain the issues, analyses, and process that it anticipated using for
the development of energy efficiency standards for these products. This
document is available at https://www1.eere.energy.gov/buildings/appliance_standards/residential/pdfs/dryer_roomac_framework.pdf. DOE
also published a notice announcing the availability of the framework
document and a public meeting to discuss the proposed analytical
framework, and inviting written comments concerning the development of
standards for residential clothes dryers and room air conditioners. 72
FR 57254 (October 9, 2007).
The focus of the public meeting, which was held on October 24,
2007, was to discuss the analyses and issues identified in various
sections of the framework document. At the meeting, DOE described the
different analyses it would conduct, the methods proposed for
conducting them, and the relationships among the various analyses.
Manufacturers, trade associations, environmental advocates, regulators,
and other interested parties attended the meeting. Comments received
since publication of the framework document have helped identify issues
DOE needs to address in developing a proposed standard and provided
information contributing to DOE's proposed resolution of these issues.
III. Summary of the Analyses Performed by DOE
For each of the residential clothes dryer and room air conditioner
products currently under consideration, DOE conducted in-depth
technical analyses in the following areas: (1) Engineering, (2) markups
to determine product price, (3) energy-use characterization, (4) life-
cycle cost (LCC) and payback period (PBP) analyses, and (5) national
impact analysis (NIA). These analyses resulted in a preliminary TSD
that presents the methodology and results of each of these analyses.
The preliminary TSD is available at the Web address given in the
SUMMARY section of this notice. The analyses are described in more
detail below.
DOE also conducted several other analyses that either support the
five major analyses or are preliminary analyses that will be expanded
upon for the NOPR. These analyses include the market and technology
assessment, the screening analysis, which contributes to the
engineering analysis, and the shipments analysis, which contributes to
the NIA. In addition to these analyses, DOE has completed preliminary
work on the manufacturer impact analysis (MIA) and identified the
methods to be used for the LCC subgroup analysis, the environmental
assessment, the employment analysis, the regulatory impact analysis,
and the utility impact analysis. DOE will expand on these analyses in
the NOPR.
A. Engineering Analysis
The engineering analysis establishes the relationship between the
cost and efficiency of a product DOE is evaluating for amended 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
products, which is the starting point for analyzing technologies that
provide energy efficiency improvements. Baseline product refers to a
model or models having features and technologies typically found in
products currently offered for sale. The baseline model in each product
class represents the characteristics of products in that class and, for
products already subject to energy conservation standards, usually is a
model that just meets the current standard. Chapter 5 of the
preliminary TSD discusses the engineering analysis.
B. Markups To Determine Product Prices
DOE derives consumer prices for products based on manufacturer
costs, manufacturer markups, retailer markups, distributor markups,
contractor markups, builder markups, and sales taxes. In deriving these
markups, DOE has determined (1) The distribution channels for product
sales; (2) the markup associated with each party in the distribution
channels; and (3) the existence and magnitude of differences between
markups for baseline products (baseline markups) and for more efficient
products (incremental markups). DOE calculates both overall baseline
and overall incremental markups based on the product markups at each
step in the distribution channel. The overall incremental markup
relates the change in the manufacturer sales price of higher efficiency
models (the incremental cost increase) to the change in the retailer or
distributor sales price. Chapter 6 of the preliminary TSD discusses the
estimation of markups.
C. Energy Use Characterization
The energy use characterization provides estimates of annual energy
consumption for the residential clothes dryers and room air
conditioners, which DOE uses in the LCC and PBP analyses and the NIA.
DOE developed energy consumption estimates for all of the product
classes analyzed in the engineering analysis, as the basis for its
energy use estimates. Chapter 7 of the preliminary TSD discusses the
energy use characterization.
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 consumer
expense for a product over the life of the product. The LCC analysis
compares the LCCs of products designed to meet possible energy
conservation standards with the LCCs of the products 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, sales taxes, distribution chain markups,
and installation cost); (2) the operating expenses of the products
(energy use and maintenance); (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 more efficient products through savings in the operating cost of the
product. It is the change in total installed cost due to increased
efficiency divided by the change in annual operating cost from
increased efficiency. Chapter 8 of the preliminary TSD discusses the
LCC and PBP analyses.
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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 new standards at specific efficiency levels. DOE calculated
NES and NPV for each efficiency level as the difference between a base-
case forecast (without new standards) and the standards case forecast
(with standards). DOE determined national annual energy consumption by
multiplying the number of units in use (by vintage) by the average unit
energy consumption (also by vintage). Cumulative energy savings are the
sum of the annual NES determined over a specified time period. The
national 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, retirement rates (based on
estimated product lifetimes), and estimates of changes in shipments and
retirement rates in response to changes in product costs due to
standards. Chapter 10 of the preliminary TSD discusses the NIA.
DOE consulted with interested parties as part of its process for
conducting all of the analyses and invites further input from the
public on these topics. The preliminary analytical results are subject
to revision following review and input from the public. The final rule
will contain the final analysis results.
The Department encourages those who wish to participate in the
public meeting to obtain the preliminary TSD and to be prepared to
discuss its contents. A copy of the preliminary TSD is available at the
Web address given in the SUMMARY section of this notice. However,
public meeting participants need not limit their comments to the topics
identified in the preliminary TSD. The Department is also interested in
receiving views concerning other relevant issues that participants
believe would affect energy conservation standards for these products
or that DOE should address in the NOPR.
Furthermore, the Department welcomes all interested parties,
regardless of whether they participate in the public meeting, to submit
in writing by April 26, 2010, comments and information on matters
addressed in the preliminary TSD and on other matters relevant to
consideration of standards for residential clothes dryers and room air
conditioners.
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 expiration of the period for
submitting written statements, the Department will consider all
comments and additional information that is obtained from interested
parties or through further analyses, and it will prepare a NOPR. The
NOPR will include proposed energy conservation standards for the
products covered by this rulemaking, and members of the public will be
given an opportunity to submit written and oral comments on the
proposed standards.
Issued in Washington, DC, on February 12, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-3479 Filed 2-22-10; 8:45 am]
BILLING CODE 6450-01-P
