Energy Conservation Program: Energy Conservation Standards for Residential Clothes Dryers and Room Air Conditioners, 42389-42391 [2013-17005]
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42389
Rules and Regulations
Federal Register
Vol. 78, No. 136
Tuesday, July 16, 2013
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE–2013–BT–STD–
0020]
RIN 1904–AC98
Energy Conservation Program: Energy
Conservation Standards for
Residential Clothes Dryers and Room
Air Conditioners
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Final rule.
AGENCY:
This final rule corrects the
energy conservation standards for room
air conditioners. In the direct final rule
establishing amended energy
conservation standards for residential
clothes dryers and room air
conditioners, published in the Federal
Register on April 21, 2011, and the
subsequent notices of effective date and
compliance dates for the direct final
rule and amendment of compliance
dates, published on August 24, 2011,
DOE erroneously specified the
maximum cooling capacity for product
class 5a for room air conditioners
without reverse cycle and with louvered
sides as 24,999 British thermal units per
hour (Btu/h), and the minimum cooling
capacity for product class 5b for room
air conditioners without reverse cycle
and with louvered sides as 25,000 Btu/
h, rather than 27,999 Btu/h and 28,000
Btu/h, respectively. Additionally, DOE
is fixing a printing error in the
codification of the standards table for
product classes 5a and 5b and 8a and
8b.
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
The effective date of this rule is
August 15, 2013. Compliance with the
standards established for room air
conditioners in today’s final rule is June
1, 2014.
DATES:
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18:29 Jul 15, 2013
Jkt 229001
The docket for this
rulemaking is available for review at
www.regulations.gov/#!docketDetail;D=
EERE–2013–BT–STD–0020. The docket
for the direct final rule establishing the
standards for room air conditioners is
also available for review at
regulations.gov, including Federal
Register notices, framework documents,
public meeting attendee lists and
transcripts, comments, and other
supporting documents/materials. All
documents in the docket are listed in
the regulations.gov index. However,
some documents listed in the index,
such as those containing information
that is exempt from public disclosure,
may not be publicly available. The
regulations.gov Web page will contain
simple instructions on how to access all
documents, including public comments,
in the docket.
For further information on how to
review the docket, contact Ms. Brenda
Edwards at (202) 586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Stephen L. Witkowski, U.S. Department
of Energy, Office of Energy Efficiency
and Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–7463. Email:
Stephen.Witkowski@ee.doe.gov.
James Silvestro, Esq., U.S. Department
of Energy, Office of General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–4224. Email:
James.Silvestro@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE
published a direct final rule to establish
amended energy conservation standards
for residential clothes dryers and room
air conditioners on April 21, 2011. 76
FR 22454.
EPCA (42 U.S.C. 6291 et seq.), as
amended, grants DOE authority to issue
a final rule (hereinafter referred to as a
‘‘direct final rule’’) establishing an
energy conservation standard on receipt
of a statement submitted jointly by
interested persons that are fairly
representative of relevant points of view
(including representatives of
manufacturers of covered products,
States, and efficiency advocates) as
determined by the Secretary, which
contains recommendations with respect
to an energy conservation standard that
are in accordance with the provisions of
ADDRESSES:
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
42 U.S.C. 6295(o). 42 U.S.C. 6295(p)(4).
EPCA requires a notice of proposed
rulemaking (NOPR) that proposes an
identical energy conservation standard
to be published simultaneously with the
direct final rule. Id. A public comment
period of at least 110 days must be
provided. Id. Not later than 120 days
after issuance of the direct final rule, if
one or more adverse comments or an
alternative joint recommendation are
received relating to the direct final rule,
the Secretary must determine whether
the comments or alternative
recommendation may provide a
reasonable basis for withdrawal under
42 U.S.C. 6295(o) or other applicable
law. Id. If the Secretary makes such a
determination, DOE must withdraw the
direct final rule and proceed with the
simultaneously published notice of
proposed rulemaking. Id. DOE must
publish in the Federal Register the
reason why the direct final rule was
withdrawn. Id.
During the rulemaking proceeding to
develop amended standards for
residential clothes dryers and room air
conditioners, DOE received the
‘‘Agreement on Minimum Federal
Efficiency Standards, Smart Appliances,
Federal Incentives and Related Matters
for Specified Appliances’’ (the ‘‘Joint
Petition’’), a comment submitted by
groups representing manufacturers (the
Association of Home Appliance
Manufacturers (AHAM), Whirlpool
Corporation (Whirlpool), General
Electric Company (GE), Electrolux, LG
Electronics, Inc. (LG), BSH Home
Appliances (BSH), Alliance Laundry
Systems (ALS), Viking Range, Sub-Zero
Wolf, Friedrich A/C, U-Line, Samsung,
Sharp Electronics, Miele, Heat
Controller, AGA Marvel, Brown Stove,
Haier, Fagor America, Airwell Group,
Arcelik, Fisher & Paykel, Scotsman Ice,
Indesit, Kuppersbusch, Kelon, and
DeLonghi); energy and environmental
advocates (American Council for an
Energy Efficient Economy (ACEEE),
Appliance Standards Awareness Project
(ASAP), Natural Resources Defense
Council (NRDC), Alliance to Save
Energy (ASE), Alliance for Water
Efficiency (AWE), Northwest Power and
Conservation Council (NPCC), and
Northeast Energy Efficiency
Partnerships (NEEP)); and consumer
groups (Consumer Federation of
America (CFA) and the National
Consumer Law Center (NCLC))
E:\FR\FM\16JYR1.SGM
16JYR1
42390
Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations
(collectively, the ‘‘Joint Petitioners’’).
This collective set of comments, which
DOE refers to in this notice as the ‘‘Joint
Petition’’ 1 or ‘‘Consensus Agreement’’
recommended specific energy
conservation standards for residential
clothes dryers and room air conditioners
that, in the Joint Petitioners’ view,
satisfied the EPCA requirements in 42
U.S.C. 6295(o). The Joint Petition also
set forth compliance dates for these
recommended standards of June 1, 2014
(room air conditioners) and January 1,
2015 (clothes dryers).
As discussed in the direct final rule,
DOE determined that the relevant
criteria under 42 U.S.C. 6295(o) were
satisfied and adopted the amended
energy conservation standards for
clothes dryers and room air conditioners
through the direct final rule, as
authorized by 42 U.S.C. (p)(4). 76 FR
22454 (April 21, 2011). After
considering comments received, DOE
subsequently published a document in
the Federal Register confirming
adoption of the standards set forth in
the direct final rule and announcing the
effective date of the direct final rule. 76
FR 52856 (Aug. 24, 2011).
In a NOPR published in the Federal
Register on April 8, 2013, DOE
proposed to correct certain room air
conditioner product class definitions
that were inadvertently different than
those that were provided in the Joint
Petition and which were the basis of
DOE’s analysis for the previous final
rules. 78 FR 20842. Specifically, DOE
proposed to correct the product class
definitions for room air conditioners
without reverse cycle and with louvered
sides as follows:
Procedural Issues and Regulatory
Review
Product
class
Definition
5a .......
Without reverse cycle, with louvered
sides, and 20,000 to 27,999
Btu/h.
Without reverse cycle, with louvered
sides, and 28,000 Btu/h or more.
5b .......
DOE received two comments in
response to the April 8, 2013 NOPR.
Both the comment submitted by AHAM
and the comment submitted jointly by
ASAP, ASE, ACEEE, and NRDC
(collectively, the ‘‘Joint Commenters’’)
were supportive of the proposed
revisions to correct the product class
definitions, such that the revised
definitions are the same as those put
forth in the Joint Petition. (AHAM, No.
2 at pp. 1–2; 2 Joint Commenters, No. 3
at p. 1) DOE adopts this correction to
the product class definitions in today’s
final rule.
Additionally, DOE is fixing a printing
error in the codification of the standards
table for product classes 5a and 5b and
8a and 8b. The direct final rule that was
published in the Federal Register on
April 21, 2011, showed, consistent with
the Joint Petition, separate, but identical
energy conservation standard levels for
both product classes 5a and 5b and 8a
and 8b. 76 FR 22454. However, in
codification of the table, the energy
efficiency ratio, effective from Oct. 1,
2000 to May 31, 2014, for product class
5a was combined with the ratio for
product class 5b and the energy
efficiency ratio, effective from Oct. 1,
2000 to May 31, 2014, for product class
8a was combined with the energy
efficiency ratio for product class 8b,
which resulted in a formatting error
when published in the Federal Register.
Today’s rule corrects that error by
showing the standards for product
classes 5a and 5b and 8a and 8b as
separate cells in the table.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Household appliances, Imports,
Intergovernmental relations, Reporting
and recordkeeping requirements, and
Small businesses.
Issued in Washington, DC, on July 10,
2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE amends part 430 of title
10 of the Code of Federal Regulations,
as set forth below:
PART 430—ENERGY CONSERVATION
PROGRAM FOR CONSUMER
PRODUCTS
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.
2. Section 430.32 is amended by
revising paragraph (b) to read as follows:
■
§ 430.32 Energy and water conservation
standards and their effective dates.
*
*
*
*
*
(b) Room air conditioners.
Energy efficiency
ratio, effective from
Oct. 1, 2000 to
May 31, 2014
Product class
mstockstill on DSK4VPTVN1PROD with RULES
The regulatory reviews conducted for
this rulemaking are identical to those set
forth in the DOE’s direct final rule
published on April 21, 2011
establishing amended energy
conservation standards. 76 FR 22454.
The amendments in the direct final rule
become effective June 1, 2014.
1. Without reverse cycle, with louvered sides, and less than 6,000 Btu/h .........................................
2. Without reverse cycle, with louvered sides, and 6,000 to 7,999 Btu/h ..........................................
3. Without reverse cycle, with louvered sides, and 8,000 to 13,999 Btu/h ........................................
4. Without reverse cycle, with louvered sides, and 14,000 to 19,999 Btu/h ......................................
5a. Without reverse cycle, with louvered sides, and 20,000 to 27,999 Btu/h ....................................
5b. Without reverse cycle, with louvered sides, and 28,000 Btu/h or more .......................................
6. Without reverse cycle, without louvered sides, and less than 6,000 Btu/h ....................................
7. Without reverse cycle, without louvered sides, and 6,000 to 7,999 Btu/h .....................................
8a. Without reverse cycle, without louvered sides, and 8,000 to 10,999 Btu/h .................................
8b. Without reverse cycle, without louvered sides, and 11,000 to 13,999 Btu/h ...............................
9. Without reverse cycle, without louvered sides, and 14,000 to 19,999 Btu/h .................................
10. Without reverse cycle, without louvered sides, and 20,000 Btu/h or more ..................................
1 DOE Docket No. EERE–2007–BT–STD–0010,
Comment 35.
2 A notation in the form ‘‘AHAM, No. 2 at pp.
1–2’’ identifies a written comment: (1) Made by the
VerDate Mar<15>2010
18:29 Jul 15, 2013
Jkt 229001
Association of Home Appliance Manufacturers; (2)
recorded in document number 2 that is filed in the
docket of the residential clothes dryer and room air
conditioner energy conservation standards
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
9.7
9.7
9.8
9.7
8.5
8.5
9.0
9.0
8.5
8.5
8.5
8.5
Combined energy
efficiency ratio,
effective as of
June 1, 2014
11.0
11.0
10.9
10.7
9.4
9.0
10.0
10.0
9.6
9.5
9.3
9.4
rulemaking (Docket No. EERE–2013–BT–STD–0020)
and available for review at www.regulations.gov;
and (3) that appears on pages 1–2.
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules and Regulations
Energy efficiency
ratio, effective from
Oct. 1, 2000 to
May 31, 2014
Product class
11.
12.
13.
14.
15.
16.
*
With reverse cycle, with louvered sides, and less than 20,000 Btu/h ..........................................
With reverse cycle, without louvered sides, and less than 14,000 Btu/h .....................................
With reverse cycle, with louvered sides, and 20,000 Btu/h or more ............................................
With reverse cycle, without louvered sides, and 14,000 Btu/h or more .......................................
Casement-Only ..............................................................................................................................
Casement-Slider ............................................................................................................................
*
*
*
connection with multiple award multiagency, Federal Supply Schedule,
Multiple Award Schedule and
government-wide acquisition indefinite
delivery, indefinite quantity contracts.
*
[FR Doc. 2013–17005 Filed 7–15–13; 8:45 am]
BILLING CODE 6450–01–P
SMALL BUSINESS ADMINISTRATION
13 CFR Parts 121 and 125
Effective Date: This rule will be
effective August 15, 2013.
RIN 3245–AG22
FOR FURTHER INFORMATION CONTACT:
Dean Koppel, U.S. Small Business
Administration, Office of Government
Contracting, 409 Third Street SW., 8th
Floor, Washington, DC 20416, (202)
205–7322, dean.koppel@sba.gov.
Small Business Subcontracting
U.S. Small Business
Administration.
ACTION: Final rule.
AGENCY:
The U.S. Small Business
Administration (SBA or Agency) is
amending its regulations governing
small business subcontracting to
implement provisions of the Small
Business Jobs Act of 2010. In particular,
this rule adds a provision providing that
for a ‘‘covered contract’’ (a contract for
which a small business subcontracting
plan is required), a prime contractor
must notify the contracting officer in
writing whenever the prime contractor
does not utilize a small business
subcontractor used in preparing its bid
or proposal during contract
performance. This rule also adds a
provision requiring a prime contractor
to notify a contracting officer in writing
whenever the prime contractor reduces
payments to a small business
subcontractor or when payments to a
small business subcontractor are 90
days or more past due. In addition, this
rule clarifies that the contracting officer
is responsible for monitoring and
evaluating small business
subcontracting plan performance. The
rule also clarifies which subcontracts
must be included in subcontracting data
reporting, which subcontracts should be
excluded, and the way subcontracting
data is reported. The rule also makes
changes to update its subcontracting
regulations, including changing
subcontracting plan thresholds and
referencing the electronic
subcontracting reporting system (eSRS).
Further, the rule adds a provision to the
regulations which addresses
subcontracting plan requirements and
credit towards subcontracting goals in
mstockstill on DSK4VPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
18:29 Jul 15, 2013
Jkt 229001
DATES:
On
October 5, 2011, SBA published in the
Federal Register a proposed rule to
implement provisions of the Jobs Act
which pertain to small business
subcontracting. 76 FR 61626. Section
1321 of the Jobs Act requires the SBA
Administrator, in consultation with the
Administrator of the Office of Federal
Procurement Policy, to publish
regulations establishing policies for
subcontracting compliance, including
assignment of compliance
responsibilities between contracting
offices, small business offices, and
program offices.
The proposed rule called for a 60-day
comment period, with comments to be
received by SBA by December 5, 2011.
SBA published a notice in the Federal
Register on December 1, 2011,
reopening the comment period for an
additional 30 days, until to January 6,
2012. 76 FR 74749.
The proposed rule contained changes
to SBA’s size regulations (Part 121) and
the regulations governing SBA’s
government contracting programs (Part
125). SBA received 105 written
comments during the comment period.
Many of these comments were lengthy
and discussed numerous proposed
amendments. SBA has made changes in
this final rule in response to comments
received to its notice of proposed
rulemaking. With the exception of
comments which are beyond the scope
of this rule, or which did not set forth
any rationale or make suggestions, SBA
discusses and responds fully to all of
the comments below.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
42391
Combined energy
efficiency ratio,
effective as of
June 1, 2014
9.0
8.5
8.5
8.0
8.7
9.5
9.8
9.3
9.3
8.7
9.5
10.4
Summary of Comments and SBA’s
Responses
Part 121
SBA received one comment on
proposed § 121.404(g)(3)(ii), which
added a provision permitting a
contracting officer to require a
subcontracting plan if a prime
contractor’s size status changes from
small to other than small as a result of
a size recertification. The commenter
recommended adding that size status at
time of contract award controls
subcontracting plan requirements or
clarifying how a subcontracting plan
must change if a former small business
subcontractor reclassifies. Section
121.404(g)(3)(ii) provides that
recertification does not change the terms
and conditions of a contract, including
the requirement for a subcontracting
plan, and otherwise size is determined
at time of offer and will not change
during performance. However, under
the final rule a contracting officer has
the discretion to require a
subcontracting plan if size status
changes as a result of recertification.
Part 125
The proposed rule revised § 125.3(a)
to update the subcontracting plan
thresholds, which were increased
pursuant to the government-wide
procurement program inflationary
adjustments required by Section 807 of
the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005.
Public Law 108–375; see also 75 FR
53129 (Aug. 30, 2010). One commenter
recommended removing the reference to
‘‘a public facility’’ in § 125.3(a) because
the term is not defined in the Code of
Federal Regulations. SBA does not
adopt this comment. It is up to the
contracting officer to determine whether
the term applies to a particular
acquisition. Further, this term comes
from Section 8(d) of the Small Business
Act, so removing it would require
legislative action.
The proposed rule added § 125.3(a)(1)
to define subcontract in order to clarify
which subcontracts must be included
when reporting on small business
subcontracting performance. SBA
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 78, Number 136 (Tuesday, July 16, 2013)]
[Rules and Regulations]
[Pages 42389-42391]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17005]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 78, No. 136 / Tuesday, July 16, 2013 / Rules
and Regulations
[[Page 42389]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE-2013-BT-STD-0020]
RIN 1904-AC98
Energy Conservation Program: Energy Conservation Standards for
Residential Clothes Dryers and Room Air Conditioners
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects the energy conservation standards for
room air conditioners. In the direct final rule establishing amended
energy conservation standards for residential clothes dryers and room
air conditioners, published in the Federal Register on April 21, 2011,
and the subsequent notices of effective date and compliance dates for
the direct final rule and amendment of compliance dates, published on
August 24, 2011, DOE erroneously specified the maximum cooling capacity
for product class 5a for room air conditioners without reverse cycle
and with louvered sides as 24,999 British thermal units per hour (Btu/
h), and the minimum cooling capacity for product class 5b for room air
conditioners without reverse cycle and with louvered sides as 25,000
Btu/h, rather than 27,999 Btu/h and 28,000 Btu/h, respectively.
Additionally, DOE is fixing a printing error in the codification of the
standards table for product classes 5a and 5b and 8a and 8b.
DATES: The effective date of this rule is August 15, 2013. Compliance
with the standards established for room air conditioners in today's
final rule is June 1, 2014.
ADDRESSES: The docket for this rulemaking is available for review at
www.regulations.gov/#!docketDetail;D=EERE-2013-BT-STD-0020. The docket
for the direct final rule establishing the standards for room air
conditioners is also available for review at regulations.gov, including
Federal Register notices, framework documents, public meeting attendee
lists and transcripts, comments, and other supporting documents/
materials. All documents in the docket are listed in the
regulations.gov index. However, some documents listed in the index,
such as those containing information that is exempt from public
disclosure, may not be publicly available. The regulations.gov Web page
will contain simple instructions on how to access all documents,
including public comments, in the docket.
For further information on how to review the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Stephen L. Witkowski, U.S. Department
of Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 586-7463. Email:
Stephen.Witkowski@ee.doe.gov.
James Silvestro, Esq., U.S. Department of Energy, Office of General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-4224. Email: James.Silvestro@hq.doe.gov.
SUPPLEMENTARY INFORMATION: DOE published a direct final rule to
establish amended energy conservation standards for residential clothes
dryers and room air conditioners on April 21, 2011. 76 FR 22454.
EPCA (42 U.S.C. 6291 et seq.), as amended, grants DOE authority to
issue a final rule (hereinafter referred to as a ``direct final rule'')
establishing an energy conservation standard on receipt of a statement
submitted jointly by interested persons that are fairly representative
of relevant points of view (including representatives of manufacturers
of covered products, States, and efficiency advocates) as determined by
the Secretary, which contains recommendations with respect to an energy
conservation standard that are in accordance with the provisions of 42
U.S.C. 6295(o). 42 U.S.C. 6295(p)(4). EPCA requires a notice of
proposed rulemaking (NOPR) that proposes an identical energy
conservation standard to be published simultaneously with the direct
final rule. Id. A public comment period of at least 110 days must be
provided. Id. Not later than 120 days after issuance of the direct
final rule, if one or more adverse comments or an alternative joint
recommendation are received relating to the direct final rule, the
Secretary must determine whether the comments or alternative
recommendation may provide a reasonable basis for withdrawal under 42
U.S.C. 6295(o) or other applicable law. Id. If the Secretary makes such
a determination, DOE must withdraw the direct final rule and proceed
with the simultaneously published notice of proposed rulemaking. Id.
DOE must publish in the Federal Register the reason why the direct
final rule was withdrawn. Id.
During the rulemaking proceeding to develop amended standards for
residential clothes dryers and room air conditioners, DOE received the
``Agreement on Minimum Federal Efficiency Standards, Smart Appliances,
Federal Incentives and Related Matters for Specified Appliances'' (the
``Joint Petition''), a comment submitted by groups representing
manufacturers (the Association of Home Appliance Manufacturers (AHAM),
Whirlpool Corporation (Whirlpool), General Electric Company (GE),
Electrolux, LG Electronics, Inc. (LG), BSH Home Appliances (BSH),
Alliance Laundry Systems (ALS), Viking Range, Sub-Zero Wolf, Friedrich
A/C, U-Line, Samsung, Sharp Electronics, Miele, Heat Controller, AGA
Marvel, Brown Stove, Haier, Fagor America, Airwell Group, Arcelik,
Fisher & Paykel, Scotsman Ice, Indesit, Kuppersbusch, Kelon, and
DeLonghi); energy and environmental advocates (American Council for an
Energy Efficient Economy (ACEEE), Appliance Standards Awareness Project
(ASAP), Natural Resources Defense Council (NRDC), Alliance to Save
Energy (ASE), Alliance for Water Efficiency (AWE), Northwest Power and
Conservation Council (NPCC), and Northeast Energy Efficiency
Partnerships (NEEP)); and consumer groups (Consumer Federation of
America (CFA) and the National Consumer Law Center (NCLC))
[[Page 42390]]
(collectively, the ``Joint Petitioners''). This collective set of
comments, which DOE refers to in this notice as the ``Joint Petition''
\1\ or ``Consensus Agreement'' recommended specific energy conservation
standards for residential clothes dryers and room air conditioners
that, in the Joint Petitioners' view, satisfied the EPCA requirements
in 42 U.S.C. 6295(o). The Joint Petition also set forth compliance
dates for these recommended standards of June 1, 2014 (room air
conditioners) and January 1, 2015 (clothes dryers).
---------------------------------------------------------------------------
\1\ DOE Docket No. EERE-2007-BT-STD-0010, Comment 35.
---------------------------------------------------------------------------
As discussed in the direct final rule, DOE determined that the
relevant criteria under 42 U.S.C. 6295(o) were satisfied and adopted
the amended energy conservation standards for clothes dryers and room
air conditioners through the direct final rule, as authorized by 42
U.S.C. (p)(4). 76 FR 22454 (April 21, 2011). After considering comments
received, DOE subsequently published a document in the Federal Register
confirming adoption of the standards set forth in the direct final rule
and announcing the effective date of the direct final rule. 76 FR 52856
(Aug. 24, 2011).
In a NOPR published in the Federal Register on April 8, 2013, DOE
proposed to correct certain room air conditioner product class
definitions that were inadvertently different than those that were
provided in the Joint Petition and which were the basis of DOE's
analysis for the previous final rules. 78 FR 20842. Specifically, DOE
proposed to correct the product class definitions for room air
conditioners without reverse cycle and with louvered sides as follows:
------------------------------------------------------------------------
Product class Definition
------------------------------------------------------------------------
5a.............................. Without reverse cycle, with louvered
sides, and 20,000 to 27,999
Btu/h.
5b.............................. Without reverse cycle, with louvered
sides, and 28,000 Btu/h or more.
------------------------------------------------------------------------
DOE received two comments in response to the April 8, 2013 NOPR.
Both the comment submitted by AHAM and the comment submitted jointly by
ASAP, ASE, ACEEE, and NRDC (collectively, the ``Joint Commenters'')
were supportive of the proposed revisions to correct the product class
definitions, such that the revised definitions are the same as those
put forth in the Joint Petition. (AHAM, No. 2 at pp. 1-2; \2\ Joint
Commenters, No. 3 at p. 1) DOE adopts this correction to the product
class definitions in today's final rule.
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\2\ A notation in the form ``AHAM, No. 2 at pp. 1-2'' identifies
a written comment: (1) Made by the Association of Home Appliance
Manufacturers; (2) recorded in document number 2 that is filed in
the docket of the residential clothes dryer and room air conditioner
energy conservation standards rulemaking (Docket No. EERE-2013-BT-
STD-0020) and available for review at www.regulations.gov; and (3)
that appears on pages 1-2.
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Additionally, DOE is fixing a printing error in the codification of
the standards table for product classes 5a and 5b and 8a and 8b. The
direct final rule that was published in the Federal Register on April
21, 2011, showed, consistent with the Joint Petition, separate, but
identical energy conservation standard levels for both product classes
5a and 5b and 8a and 8b. 76 FR 22454. However, in codification of the
table, the energy efficiency ratio, effective from Oct. 1, 2000 to May
31, 2014, for product class 5a was combined with the ratio for product
class 5b and the energy efficiency ratio, effective from Oct. 1, 2000
to May 31, 2014, for product class 8a was combined with the energy
efficiency ratio for product class 8b, which resulted in a formatting
error when published in the Federal Register. Today's rule corrects
that error by showing the standards for product classes 5a and 5b and
8a and 8b as separate cells in the table.
Procedural Issues and Regulatory Review
The regulatory reviews conducted for this rulemaking are identical
to those set forth in the DOE's direct final rule published on April
21, 2011 establishing amended energy conservation standards. 76 FR
22454. The amendments in the direct final rule become effective June 1,
2014.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Reporting and recordkeeping requirements,
and Small businesses.
Issued in Washington, DC, on July 10, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE amends part 430 of
title 10 of the Code of Federal Regulations, as set forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.32 is amended by revising paragraph (b) to read as
follows:
Sec. 430.32 Energy and water conservation standards and their
effective dates.
* * * * *
(b) Room air conditioners.
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Energy efficiency Combined energy
ratio, effective efficiency ratio,
Product class from Oct. 1, 2000 effective as of
to May 31, 2014 June 1, 2014
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1. Without reverse cycle, with 9.7 11.0
louvered sides, and less than
6,000 Btu/h..................
2. Without reverse cycle, with 9.7 11.0
louvered sides, and 6,000 to
7,999 Btu/h..................
3. Without reverse cycle, with 9.8 10.9
louvered sides, and 8,000 to
13,999 Btu/h.................
4. Without reverse cycle, with 9.7 10.7
louvered sides, and 14,000 to
19,999 Btu/h.................
5a. Without reverse cycle, 8.5 9.4
with louvered sides, and
20,000 to 27,999 Btu/h.......
5b. Without reverse cycle, 8.5 9.0
with louvered sides, and
28,000 Btu/h or more.........
6. Without reverse cycle, 9.0 10.0
without louvered sides, and
less than 6,000 Btu/h........
7. Without reverse cycle, 9.0 10.0
without louvered sides, and
6,000 to 7,999 Btu/h.........
8a. Without reverse cycle, 8.5 9.6
without louvered sides, and
8,000 to 10,999 Btu/h........
8b. Without reverse cycle, 8.5 9.5
without louvered sides, and
11,000 to 13,999 Btu/h.......
9. Without reverse cycle, 8.5 9.3
without louvered sides, and
14,000 to 19,999 Btu/h.......
10. Without reverse cycle, 8.5 9.4
without louvered sides, and
20,000 Btu/h or more.........
[[Page 42391]]
11. With reverse cycle, with 9.0 9.8
louvered sides, and less than
20,000 Btu/h.................
12. With reverse cycle, 8.5 9.3
without louvered sides, and
less than 14,000 Btu/h.......
13. With reverse cycle, with 8.5 9.3
louvered sides, and 20,000
Btu/h or more................
14. With reverse cycle, 8.0 8.7
without louvered sides, and
14,000 Btu/h or more.........
15. Casement-Only............. 8.7 9.5
16. Casement-Slider........... 9.5 10.4
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* * * * *
[FR Doc. 2013-17005 Filed 7-15-13; 8:45 am]
BILLING CODE 6450-01-P
