Energy Conservation Program: Compliance Date for the Dehumidifier Test Procedure, 62488-62494 [2013-24597]
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules
§ 431.72 Definitions concerning
commercial warm air furnaces.
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Basic model means all commercial
warm air furnaces manufactured by one
manufacturer within a single equipment
class, that have the same nominal input
rating and the same primary energy
source (e.g. gas or oil) and that do not
have any differing physical or
functional characteristics that affect
energy efficiency.
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■ 10. Section 431.82 is amended by
revising the definition of ‘‘basic model’’
to read as follows:
§ 431.82 Definitions concerning
commercial packaged boilers.
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Basic model means all commercial
packaged boilers manufactured by one
manufacturer within a single equipment
class having the same primary energy
source (e.g., gas or oil) and that have
essentially identical electrical, physical
and functional characteristics that affect
energy efficiency.
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■ 11. Section 431.92 is amended by
revising the definition of ‘‘basic model’’
to read as follows:
§ 431.92 Definitions concerning
commercial air conditioners and heat
pumps.
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Basic model includes:
(1) Packaged terminal air conditioner
(PTAC) or packaged terminal heat
pump (PTHP) means all units
manufactured by one manufacturer
within a single equipment class, having
the same primary energy source (e.g.,
electric or gas), and which have the
same or comparable compressors, same
or comparable heat exchangers, and
same or comparable air moving systems
that have a cooling capacity within 300
Btu/h of one another.
(2) Small, large, and very large aircooled or water-cooled commercial
package air conditioning and heating
equipment means all units
manufactured by one manufacturer
within a single equipment class, having
the same or comparably performing
compressor(s), heat exchangers, and air
moving system(s) that have a common
‘‘nominal’’ cooling capacity.
(3) Single package vertical units
means all units manufactured by one
manufacturer within a single equipment
class, having the same primary energy
source (e.g., electric or gas), and which
have the same or comparably
performing compressor(s), heat
exchangers, and air moving system(s)
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that have a rated cooling capacity
within 1500 Btu/h of one another.
(4) Computer room air conditioners
means all units manufactured by one
manufacturer within a single equipment
class, having the same primary energy
source (e.g., electric or gas), and which
have the same or comparably
performing compressor(s), heat
exchangers, and air moving system(s)
that have a common ‘‘nominal’’ cooling
capacity.
(5) Variable refrigerant flow systems
means all units manufactured by one
manufacturer within a single equipment
class, having the same primary energy
source (e.g., electric or gas), and which
have the same or comparably
performing compressor(s) that have a
common ‘‘nominal’’ cooling capacity
and the same heat rejection medium
(e.g., air or water) (includes VRF water
source heat pumps).
(6) Small, large, and very large water
source heat pump means all units
manufactured by one manufacturer
within a single equipment class, having
the same primary energy source (e.g.,
electric or gas), and which have the
same or comparable compressors, same
or comparable heat exchangers, and
same or comparable ‘‘nominal’’
capacity.
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■ 12. Section 431.102 is amended by
revising the definition of ‘‘basic model’’
to read as follows:
§ 431.102 Definitions concerning
commercial water heaters, hot water supply
boilers, and unfired hot water storage
tanks.
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Basic model means all water heaters,
hot water supply boilers, or unfired hot
water storage tanks manufactured by
one manufacturer within a single
equipment class, having the same
primary energy source (e.g., gas or oil)
and that have essentially identical
electrical, physical and functional
characteristics that affect energy
efficiency.
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[FR Doc. 2013–24351 Filed 10–21–13; 8:45 am]
BILLING CODE 6450–01–P
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2013–BT–TP–0044]
RIN 1904–AD06
Energy Conservation Program:
Compliance Date for the Dehumidifier
Test Procedure
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Energy (DOE) proposes to revise the
compliance date for the dehumidifier
test procedures established under the
Energy Policy and Conservation Act
(EPCA). The proposed amendments
would require manufacturers to test
using only the active mode provisions
in the test procedure for dehumidifiers
currently found in the DOE regulations
to determine compliance with the
existing energy conservation standards,
with the following exceptions. The
appendix in its entirety would be
required for use by manufacturers that
make representations of standby mode
or off mode energy use, and, after the
compliance date for any amended
energy conservation standards enacted
in the future that incorporate measures
of standby mode and off mode energy
use, to demonstrate compliance with
such amended standards. The proposed
amendments would remove from use,
30 days after publication of the final
rule in the Federal Register, the test
procedure for dehumidifiers because
DOE has determined that this test
procedure would be made redundant by
the proposed amendments, as well as
clarify test procedure instructions.
DATES: DOE will accept comments, data,
and information regarding this notice of
proposed rulemaking (NOPR) no later
than November 21, 2013. See section IV,
‘‘Public Participation,’’ for details.
ADDRESSES: Any comments submitted
must identify the NOPR for Test
Procedures for Dehumidifiers and
provide docket number EERE–2013–
BT–TP–0044 and/or regulatory
information number (RIN) number
1904–AD06. Comments may be
submitted using any of the following
methods:
1. Federal eRulemaking Portal:
www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: Dehumidifiers2013TP0044@
ee.doe.gov. Include the docket number
and/or RIN in the subject line of the
message.
SUMMARY:
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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules
3. Mail: Ms. Brenda Edwards, U.S.
Department of Energy, Building
Technologies Program, Mailstop EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121. If
possible, please submit all items on a
CD. It is not necessary to include
printed copies.
4. Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Program, 950
L’Enfant Plaza SW., Suite 600,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD. It is not
necessary to include printed copies.
For detailed instructions on
submitting comments and additional
information on the rulemaking process,
see section IV of this document (Public
Participation).
Docket:
A link to the docket Web page can be
found at: https://www.regulations.gov/
#!docketDetail;D=EERE-2013-BT-TP0044. This Web page will contain a link
to the docket for this notice on the
regulations.gov site. The regulations.gov
Web page will contain simple
instructions on how to access all
documents, including Federal Register
notices, comments, and other
supporting documents/materials, in the
docket. See section IV for information
on how to submit comments through
regulations.gov.
For further information on how to
submit a comment, or review other
public comments and the docket,
contact Ms. Brenda Edwards at (202)
586–2945 or by email:
Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT:
Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and
Renewable Energy, Building
Technologies Program, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone: (202) 586–6590. Email:
dehumidifiers@ee.doe.gov.
James Silvestro, U.S. Department of
Energy, Office of the General Counsel,
GC–77, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–4224. Email:
james.silvestro@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
I. Authority and Background
II. Discussion
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility
Act
C. Review Under the Paperwork Reduction
Act of 1995
D. Review Under the National
Environmental Policy Act of 1969
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E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates
Reform Act of 1995
H. Review Under the Treasury and General
Government Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General
Government Appropriations Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal
Energy Administration Act of 1974
IV. Public Participation
V. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and
Conservation Act of 1975 (42 U.S.C.
6291, et seq.; ‘‘EPCA’’ or ‘‘the Act’’) sets
forth a variety of provisions designed to
improve energy efficiency. (All
references to EPCA refer to the statute
as amended through the American
Energy Manufacturing Technical
Corrections Act (AEMTCA), Pub. L.
112–210 (Dec. 18, 2012).) Part B of title
III, which for editorial reasons was
redesignated as Part A upon
incorporation into the U.S. Code (42
U.S.C. 6291–6309, as codified),
establishes the ‘‘Energy Conservation
Program for Consumer Products Other
Than Automobiles.’’ The list of
‘‘covered products’’ under EPCA
includes dehumidifiers, which are the
subject of today’s notice. 42 U.S.C.
6292(a)(11).
Under EPCA, the energy conservation
program consists essentially of four
parts: (1) Testing, (2) labeling, (3)
Federal energy conservation standards,
and (4) certification and enforcement
procedures. The testing requirements
consist of test procedures that
manufacturers of products must use to:
(1) Ensure that their products meet the
applicable energy conservation
standards adopted under EPCA; and (2)
make representations about the
efficiency of those products.
General Test Procedure Rulemaking
Process
Under 42 U.S.C. 6293, EPCA sets forth
the criteria and procedures DOE must
follow when prescribing or amending
test procedures for covered products.
EPCA provides in relevant part that any
test procedures prescribed or amended
under section 6293 shall be reasonably
designed to produce test results which
measure energy efficiency, energy use,
or estimated annual operating cost of a
covered product during a representative
average use cycle or period of use and
shall not be unduly burdensome to
conduct. (42 U.S.C. 6293(b)(3)) In
addition, if DOE determines that a test
procedure amendment is warranted, it
must publish proposed test procedures
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and offer the public an opportunity to
present oral and written comments on
them. (42 U.S.C. 6293(b)(2)) Finally, in
any rulemaking to amend a test
procedure, DOE must determine to what
extent, if any, the proposed test
procedure would alter the measured
energy efficiency of any covered
product as determined under the
existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the
amended test procedure would alter the
measured efficiency of a covered
product, DOE must amend the
applicable energy conservation standard
accordingly. (42 U.S.C. 6293(e)(2))
The Energy Policy Act of 2005
(EPACT) amended EPCA to specify that
the dehumidifier test criteria used under
the ENERGY STAR 1 program in effect
as of January 1, 2001, must serve as the
basis for the DOE test procedure for
dehumidifiers, unless revised by DOE.
(EPACT, section 135(b); 42 U.S.C.
6293(b)(13)) The ENERGY STAR test
criteria required that the Canadian
Standards Association (CAN/CSA)
standard CAN/CSA–C749–1994
(R2005), ‘‘Performance of
Dehumidifiers,’’ be used to calculate the
energy factor (EF) and that ANSI/AHAM
Standard DH–1, ‘‘Dehumidifiers,’’ be
used to measure capacity. The ENERGY
STAR test criteria did not, however,
state which version of ANSI/AHAM
Standard DH–1, ‘‘Dehumidifiers,’’ was
to be used, although the version in effect
on January 1, 2001, was ANSI/AHAM
DH–1–1992. DOE adopted these test
criteria, along with related definitions
and tolerances, as its test procedure for
dehumidifiers at 10 Code of Federal
Regulations (CFR) part 430, subpart B,
appendix X in 2006. 71 FR 71340,
71347, 71366, 713667–68 (Dec. 8, 2006).
On October 31, 2012, DOE published
a final rule to establish a new test
procedure for dehumidifiers that
references ANSI/AHAM Standard DH–
1–2008, ‘‘Dehumidifiers,’’ (ANSI/AHAM
DH–1–2008) rather than the ENERGY
STAR test criteria for both energy use
and capacity measurements. 77 FR
65995 (Oct. 31, 2012). The final rule
also adopted standby and off mode
provisions that satisfy the requirement
in the Energy Independence and
Security Act of 2007 (EISA) for DOE to
include measures of standby mode and
off mode energy consumption in its test
procedures for residential products, if
technically feasible. (42 U.S.C.
6295(gg)(2)(A)) This new DOE test
procedure, codified at 10 CFR part 430,
subpart B, appendix X1 (‘‘appendix
X1’’), establishes a new metric,
1 For more information, please visit https://
www.energystar.gov/.
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integrated energy factor (IEF), which
incorporates measures of active mode,
standby mode, and off mode energy use.
Appendix X1 is not currently required
to demonstrate compliance with energy
conservation standards, but would be
required after the compliance date of
any amended standards that include
standby mode and off mode energy
consumption. Prior to the compliance
date of any amended energy
conservation standards, manufacturers
may currently use the test procedure set
forth in either appendix X or appendix
X1 to make representations related to
active mode energy consumption of
dehumidifiers; however, manufacturers
are required to use the test procedure set
forth in appendix X1 to make any
representations related to standby mode
and off mode energy consumption.
II. Discussion
Manufacturers may currently test
dehumidifiers using the test procedure
set forth in either appendix X or
appendix X1 to determine compliance
with the existing energy conservation
standards and to make representations
related to active mode energy
consumption. Although the version of
ANSI/AHAM Standard DH–1 referenced
in the test requirements set forth in
appendix X for measuring energy use in
active mode is not specified, DOE
believes, based on its observations, that
manufacturers and test laboratories
typically use the current version, ANSI/
AHAM DH–1–2008, when testing to
determine compliance with the existing
dehumidifier energy conservation
standards. DOE further notes that this
current version of ANSI/AHAM DH–1 is
required to be used for other industry
testing purposes, such as for the AHAM
dehumidifier verification program.2
AHAM is also approved by the EPA to
administer verification testing for
purposes of the ENERGY STAR
program.
DOE determined, in a supplemental
notice of proposed rulemaking (SNOPR)
in the previous dehumidifier test
procedure rulemaking, that the use of
either ANSI/AHAM DH–1–2008 or
ANSI/AHAM DH–1–1992, would
produce comparable results for active
mode testing. 77 FR 31444, 31453–54
(May 25, 2012). Therefore,
manufacturers that choose to measure
EF and capacity according to appendix
X using ANSI/AHAM DH–1–1992
obtain dehumidifier performance results
that are generally comparable to the
2 Under section 4.1 of AHAM’s ‘‘Dehumidifier
Certification Program Procedural Guide, January
2006’’ dehumidifier water removal capacity and EF
must be certified in accordance with the latest
edition of ANSI/AHAM DH–1.
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results using the active mode provisions
of appendix X1. Because appendix X is
functionally equivalent to the active
mode provisions of appendix X1, DOE
is proposing in today’s notice that
manufacturers would demonstrate
compliance with existing energy
conservation standards using appendix
X1, and that appendix X would no
longer be used.
In addition to the active mode
provisions in sections 1, 2, 3.1, and 4.1,
appendix X1 contains provisions for the
measurement of standby mode and off
mode energy consumption in sections
4.2, 4.2.1, and 4.2.2 and the calculation
of IEF in section 5.2, which will not be
mandatory until the compliance date of
any amended standards. Because these
provisions are not used for determining
EF or capacity, manufacturers would
incur an increased test burden when
demonstrating compliance with existing
standards by conducting the entire test
procedure at appendix X1 rather than
appendix X. To preclude this
unnecessary testing burden, DOE is
proposing to clarify in the introductory
note in appendix X1 and in 10 CFR
430.23(z) that manufacturers that do not
make representations with respect to
standby mode and off mode energy
consumption may perform only the
active mode test provisions when
testing to determine compliance with
the existing energy conservation
standards.
Because the April 29, 2013 effective
date currently provided in the
introductory notes in both appendix X
and appendix X1 for representations of
standby mode and off mode energy use
has passed, DOE proposes to remove
reference to that date in both
appendices and require that
manufacturers making representations
of standby mode and off mode energy
use must test their dehumidifier(s) in
accordance with appendix X1 in its
entirety.
Accordingly, under the proposed rule,
30 days after publication, all testing
must be conducted using all or part of
appendix X1, depending on whether a
manufacturer makes representations
about standby mode and off mode
energy consumption. This includes
testing by the manufacturer, DOE, and
any third parties. Manufacturers will
have 180 additional days to make any
changes needed to representations,
including labels, certification reports,
marketing materials, etc. DOE does not
expect that any modifications will be
needed because this proposed test
procedure modification does not change
the measured consumption. (42 U.S.C.
6293(e)(2))
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Finally, DOE proposes to amend the
test procedures at 10 CFR 430.23(z) to
require that EF, when measured, be
determined according to the relevant
active mode provisions of appendix X1,
and IEF, when measured, be determined
according to appendix X1 in its entirety.
DOE requests comment on all aspects
of today’s proposal, and in particular on
the burden associated with the proposed
requirement that the active mode
provisions of appendix X1 be used
rather than appendix X for
demonstrating compliance with existing
energy conservation standards.
III. Procedural Issues and Regulatory
Review
A. Review Under Executive Order 12866
The Office of Management and Budget
(OMB) has determined that test
procedure rulemakings do not constitute
‘‘significant regulatory actions’’ under
section 3(f) of Executive Order 12866,
Regulatory Planning and Review, 58 FR
51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under
the Executive Order by the Office of
Information and Regulatory Affairs
(OIRA) in the Office of Management and
Budget.
B. Review Under the Regulatory
Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires preparation
of an initial regulatory flexibility
analysis (IFRA) for any rule that by law
must be proposed for public comment,
unless the agency certifies that the rule,
if promulgated, will not have a
significant economic impact on a
substantial number of small entities. As
required by Executive Order 13272,
‘‘Proper Consideration of Small Entities
in Agency Rulemaking,’’ 67 FR 53461
(August 16, 2002), DOE published
procedures and policies on February 19,
2003, to ensure that the potential
impacts of its rules on small entities are
properly considered during the DOE
rulemaking process. (68 FR 7990) DOE
has made its procedures and policies
available on the Office of the General
Counsel’s Web site: https://energy.gov/
gc/office-general-counsel.
DOE reviewed today’s proposal under
the provisions of the Regulatory
Flexibility Act and the procedures and
policies published on February 19,
2003. DOE has tentatively concluded
that the proposal would not have a
significant impact on a substantial
number of small entities. The factual
basis for this certification is as follows:
The Small Business Administration
(SBA) considers a business entity to be
small business, if, together with its
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affiliates, it employs less than a
threshold number of workers specified
in 13 CFR part 121. These size standards
and codes are established by the North
American Industry Classification
System (NAICS). The threshold number
for NAICS classification code 335211,
‘‘Electric Housewares and Household
Fan Manufacturing,’’ which applies to
dehumidifier manufacturers, is 750
employees.
Most of the manufacturers supplying
residential dehumidifiers are large
multinational corporations. DOE
surveyed the AHAM member directory
to identify manufacturers of residential
dehumidifiers. DOE then consulted
publicly-available data, purchased
company reports from vendors such as
Dun and Bradstreet, and contacted
manufacturers, where needed, to
determine if they meet the SBA’s
definition of a ‘‘small business
manufacturing facility’’ and have their
manufacturing facilities located within
the United States. Based on this
analysis, DOE identified five small
businesses that manufacture residential
dehumidifiers.
Today’s proposal would amend DOE’s
test procedures for dehumidifiers by
requiring an updated reference to the
industry dehumidifier test method. This
amendment could potentially require
manufacturers to install a larger test
chamber and different air handling
equipment. However, some
manufacturers may already be using
ANSI/AHAM DH–1–2008 in certifying
their products. DOE notes that one of
the small businesses has products listed
in AHAM’s current dehumidifier
database of verified products, indicating
that those tests were conducted
according to DH–1–2008. In addition,
AHAM selected an independent test
laboratory to conduct dehumidifier
testing and verification for its
certification program using DH–1–2008.
It is likely that this laboratory also
performs testing for manufacturers to
determine compliance with energy
conservation standards in the same
facility as the AHAM verification
testing. Therefore, DOE concludes that
small businesses would not be likely to
require investments in facility upgrades
due to the requirement to use the DOE
dehumidifier test procedure that
references DH–1–2008.
For these reasons, DOE concludes and
certifies that today’s proposal would not
have a significant economic impact on
a substantial number of small entities.
Accordingly, DOE has not prepared a
regulatory flexibility analysis for this
rulemaking. DOE will transmit the
certification and supporting statement
of factual basis to the Chief Counsel for
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Advocacy of the SBA for review under
5 U.S.C. 605(b).
C. Review Under the Paperwork
Reduction Act of 1995
Manufacturers of residential
dehumidifiers must certify to DOE that
their products comply with any
applicable energy conservation
standards. In certifying compliance,
manufacturers must test their products
according to the DOE test procedures for
dehumidifiers, including any
amendments adopted for those test
procedures. DOE has established
regulations for the certification and
recordkeeping requirements for all
covered consumer products and
commercial equipment, including
residential dehumidifiers. (76 FR 12422
(March 7, 2011)) The collection-ofinformation requirement for the
certification and recordkeeping is
subject to review and approval by OMB
under the Paperwork Reduction Act
(PRA). This requirement has been
approved by OMB under OMB control
number 1910–1400. Public reporting
burden for the certification is estimated
to average 20 hours per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Notwithstanding any other provision
of the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
D. Review Under the National
Environmental Policy Act of 1969
In this proposed rule, DOE proposes
test procedure amendments that it
expects will be used to develop and
implement future energy conservation
standards for residential dehumidifiers.
DOE has determined that this rule falls
into a class of actions that are
categorically excluded from review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et
seq.) and DOE’s implementing
regulations at 10 CFR part 1021.
Specifically, this proposed rule would
amend the existing test procedures
without affecting the amount, quality or
distribution of energy usage, and,
therefore, would not result in any
environmental impacts. Thus, this
rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021,
subpart D, which applies to any
rulemaking that interprets or amends an
existing rule without changing the
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environmental effect of that rule.
Accordingly, neither an environmental
assessment nor an environmental
impact statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ‘‘Federalism,’’
64 FR 43255 (August 4, 1999), imposes
certain requirements on agencies
formulating and implementing policies
or regulations that preempt State law or
that have Federalism implications. The
Executive Order requires agencies to
examine the constitutional and statutory
authority supporting any action that
would limit the policymaking discretion
of the States and to carefully assess the
necessity for such actions. The
Executive Order also requires agencies
to have an accountable process to
ensure meaningful and timely input by
State and local officials in the
development of regulatory policies that
have Federalism implications. On
March 14, 2000, DOE published a
statement of policy describing the
intergovernmental consultation process
it will follow in the development of
such regulations. (65 FR 13735) DOE
has examined this proposed rule and
has determined that it would not have
a substantial direct effect on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. EPCA governs and
prescribes Federal preemption of State
regulations as to energy conservation for
the products that are the subject of
today’s proposed rule. States can
petition DOE for exemption from such
preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C.
6297(d)) No further action is required by
Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing
regulations and the promulgation of
new regulations, section 3(a) of
Executive Order 12988, ‘‘Civil Justice
Reform,’’ 61 FR 4729 (Feb. 7, 1996),
imposes on Federal agencies the general
duty to adhere to the following
requirements: (1) Eliminate drafting
errors and ambiguity; (2) write
regulations to minimize litigation; (3)
provide a clear legal standard for
affected conduct rather than a general
standard; and (4) promote simplification
and burden reduction. Section 3(b) of
Executive Order 12988 specifically
requires that Executive agencies make
every reasonable effort to ensure that the
regulation: (1) clearly specifies the
preemptive effect, if any; (2) clearly
specifies any effect on existing Federal
law or regulation; (3) provides a clear
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legal standard for affected conduct
while promoting simplification and
burden reduction; (4) specifies the
retroactive effect, if any; (5) adequately
defines key terms; and (6) addresses
other important issues affecting clarity
and general draftsmanship under any
guidelines issued by the Attorney
General. Section 3(c) of Executive Order
12988 requires Executive agencies to
review regulations in light of applicable
standards in sections 3(a) and 3(b) to
determine whether they are met or it is
unreasonable to meet one or more of
them. DOE has completed the required
review and determined that, to the
extent permitted by law, the proposed
rule meets the relevant standards of
Executive Order 12988.
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G. Review Under the Unfunded
Mandates Reform Act of 1995
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) requires
each Federal agency to assess the effects
of Federal regulatory actions on State,
local, and Tribal governments and the
private sector. Public Law 104–4, sec.
201 (codified at 2 U.S.C. 1531). For a
proposed regulatory action likely to
result in a rule that may cause the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year (adjusted annually for
inflation), section 202 of UMRA requires
a Federal agency to publish a written
statement that estimates the resulting
costs, benefits, and other effects on the
national economy. (2 U.S.C. 1532(a), (b))
The UMRA also requires a Federal
agency to develop an effective process
to permit timely input by elected
officers of State, local, and Tribal
governments on a proposed ‘‘significant
intergovernmental mandate,’’ and
requires an agency plan for giving notice
and opportunity for timely input to
potentially affected small governments
before establishing any requirements
that might significantly or uniquely
affect small governments. On March 18,
1997, DOE published a statement of
policy on its process for
intergovernmental consultation under
UMRA. (62 FR 12820; also available at
https://energy.gov/gc/office-generalcounsel) DOE examined today’s
proposed rule according to UMRA and
its statement of policy and determined
that the rule contains neither an
intergovernmental mandate, nor a
mandate that may result in the
expenditure of $100 million or more in
any year, so these requirements do not
apply.
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H. Review Under the Treasury and
General Government Appropriations
Act, 1999
Section 654 of the Treasury and
General Government Appropriations
Act, 1999 (Pub. L. 105–277) requires
Federal agencies to issue a Family
Policymaking Assessment for any rule
that may affect family well-being. This
rule would not have any impact on the
autonomy or integrity of the family as
an institution. Accordingly, DOE has
concluded that it is not necessary to
prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive
Order 12630, ‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights,’’ 53 FR 8859
(March 18, 1988), that this regulation
would not result in any takings that
might require compensation under the
Fifth Amendment to the U.S.
Constitution.
J. Review Under Treasury and General
Government Appropriations Act, 2001
Section 515 of the Treasury and
General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides
for agencies to review most
disseminations of information to the
public under guidelines established by
each agency pursuant to general
guidelines issued by OMB. OMB’s
guidelines were published at 67 FR
8452 (Feb. 22, 2002), and DOE’s
guidelines were published at 67 FR
62446 (Oct. 7, 2002). DOE has reviewed
today’s proposed rule under the OMB
and DOE guidelines and has concluded
that it is consistent with applicable
policies in those guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use,’’ 66 FR 28355 (May
22, 2001), requires Federal agencies to
prepare and submit to OMB, a
Statement of Energy Effects for any
proposed significant energy action. A
‘‘significant energy action’’ is defined as
any action by an agency that
promulgated or is expected to lead to
promulgation of a final rule, and that:
(1) Is a significant regulatory action
under Executive Order 12866, or any
successor order; and (2) is likely to have
a significant adverse effect on the
supply, distribution, or use of energy; or
(3) is designated by the Administrator of
OIRA as a significant energy action. For
any proposed significant energy action,
the agency must give a detailed
statement of any adverse effects on
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energy supply, distribution, or use
should the proposal be implemented,
and of reasonable alternatives to the
action and their expected benefits on
energy supply, distribution, and use.
Today’s regulatory action to amend
the test procedure for measuring the
energy efficiency of residential
dehumidifiers is not a significant
regulatory action under Executive Order
12866. Moreover, it would not have a
significant adverse effect on the supply,
distribution, or use of energy, nor has it
been designated as a significant energy
action by the Administrator of OIRA.
Therefore, it is not a significant energy
action, and, accordingly, DOE has not
prepared a Statement of Energy Effects.
L. Review Under Section 32 of the
Federal Energy Administration Act of
1974
Under section 301 of the Department
of Energy Organization Act (Pub. L. 95–
91; 42 U.S.C. 7101), DOE must comply
with section 32 of the Federal Energy
Administration Act of 1974, as amended
by the Federal Energy Administration
Authorization Act of 1977 (FEAA). (15
U.S.C. 788; FEAA) Section 32
essentially provides in relevant part
that, where a proposed rule authorizes
or requires use of commercial standards,
the notice of proposed rulemaking must
inform the public of the use and
background of such standards. In
addition, section 32(c) requires DOE to
consult with the Attorney General and
the Chairman of the Federal Trade
Commission (FTC) concerning the
impact of the commercial or industry
standards on competition.
IV. Public Participation
DOE will accept comments, data, and
information regarding this proposed
rule before or after the public meeting,
but no later than the date provided in
the DATES section at the beginning of
this proposed rule. Interested parties
may submit comments using any of the
methods described in the ADDRESSES
section at the beginning of this notice.
Submitting comments via
regulations.gov. The regulations.gov
Web page will require you to provide
your name and contact information.
Your contact information will be
viewable to DOE Building Technologies
staff only. Your contact information will
not be publicly viewable except for your
first and last names, organization name
(if any), and submitter representative
name (if any). If your comment is not
processed properly because of technical
difficulties, DOE will use this
information to contact you. If DOE
cannot read your comment due to
technical difficulties and cannot contact
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you for clarification, DOE may not be
able to consider your comment.
However, your contact information
will be publicly viewable if you include
it in the comment or in any documents
attached to your comment. Any
information that you do not want to be
publicly viewable should not be
included in your comment, nor in any
document attached to your comment.
Persons viewing comments will see only
first and last names, organization
names, correspondence containing
comments, and any documents
submitted with the comments.
Do not submit to regulations.gov
information for which disclosure is
restricted by statute, such as trade
secrets and commercial or financial
information (hereinafter referred to as
Confidential Business Information
(CBI)). Comments submitted through
regulations.gov cannot be claimed as
CBI. Comments received through the
Web site will waive any CBI claims for
the information submitted. For
information on submitting CBI, see the
Confidential Business Information
section.
DOE processes submissions made
through regulations.gov before posting.
Normally, comments will be posted
within a few days of being submitted.
However, if large volumes of comments
are being processed simultaneously,
your comment may not be viewable for
up to several weeks. Please keep the
comment tracking number that
regulations.gov provides after you have
successfully uploaded your comment.
Submitting comments via email, hand
delivery, or mail. Comments and
documents submitted via email, hand
delivery, or mail also will be posted to
regulations.gov. If you do not want your
personal contact information to be
publicly viewable, do not include it in
your comment or any accompanying
documents. Instead, provide your
contact information on a cover letter.
Include your first and last names, email
address, telephone number, and
optional mailing address. The cover
letter will not be publicly viewable as
long as it does not include any
comments.
Include contact information each time
you submit comments, data, documents,
and other information to DOE. If you
submit via mail or hand delivery, please
provide all items on a CD, if feasible. It
is not necessary to submit printed
copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other
information submitted to DOE
electronically should be provided in
PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file
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format. Provide documents that are not
secured, written in English and free of
any defects or viruses. Documents
should not contain special characters or
any form of encryption and, if possible,
they should carry the electronic
signature of the author.
Campaign form letters. Please submit
campaign form letters by the originating
organization in batches of between 50 to
500 form letters per PDF or as one form
letter with a list of supporters’ names
compiled into one or more PDFs. This
reduces comment processing and
posting time.
Confidential Business Information.
According to 10 CFR 1004.11, any
person submitting information that he
or she believes to be confidential and
exempt by law from public disclosure
should submit via email, postal mail, or
hand delivery two well-marked copies:
one copy of the document marked
confidential including all the
information believed to be confidential,
and one copy of the document marked
non-confidential with the information
believed to be confidential deleted.
Submit these documents via email or on
a CD, if feasible. DOE will make its own
determination about the confidential
status of the information and treat it
according to its determination.
Factors of interest to DOE when
evaluating requests to treat submitted
information as confidential include: (1)
A description of the items; (2) whether
and why such items are customarily
treated as confidential within the
industry; (3) whether the information is
generally known by or available from
other sources; (4) whether the
information has previously been made
available to others without obligation
concerning its confidentiality; (5) an
explanation of the competitive injury to
the submitting person which would
result from public disclosure; (6) when
such information might lose its
confidential character due to the
passage of time; and (7) why disclosure
of the information would be contrary to
the public interest.
It is DOE’s policy that all comments
may be included in the public docket,
without change and as received,
including any personal information
provided in the comments (except
information deemed to be exempt from
public disclosure).
V. Approval of the Office of the
Secretary
The Secretary of Energy has approved
publication of this proposed rule.
List of Subjects in 10 CFR Part 430
Administrative practice and
procedure, Confidential business
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62493
information, Energy conservation,
Household appliances, Imports,
Incorporation by reference,
Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on September
30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy
Efficiency, Energy Efficiency and Renewable
Energy.
For the reasons stated in the
preamble, DOE is proposing to amend
part 430 of chapter II of title 10, 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 430.23 is amended by
revising paragraph (z) to read as follows:
■
§ 430.23 Test procedures for the
measurement of energy and water
consumption.
*
*
*
*
*
(z) Dehumidifiers. (1) When
measuring the energy factor for
dehumidifiers (see the note at the
beginning of appendix X), expressed in
liters per kilowatt hour (L/kWh), energy
factor shall be measured in accordance
with section 4.1 of appendix X to this
subpart.
(2) When measuring the integrated
energy factor for dehumidifiers (see the
note at the beginning of appendix X),
expressed in L/kWh, integrated energy
factor shall be determined according to
paragraph 5.2 of appendix X to this
subpart.
*
*
*
*
*
Appendix X to Subpart B of Part 430—
[Removed]
■ 3. Appendix X to subpart B of part 430
is removed.
Appendix X1 to Subpart B of Part 430—
[Redesignated as Appendix X]
■ 4. Appendix X1 to subpart B of part
430 is amended by redesignating
Appendix X1 as Appendix X and
revising the heading and note after the
heading for newly redesignated
Appendix X to read as follows:
Appendix X to Subpart B of Part 430—
Uniform Test Method for Measuring the
Energy Consumption of Dehumidifiers
Note: After [DATE 180 DAYS AFTER
PUBLICATION OF THE FINAL RULE IN
THE Federal Register], any representations
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made with respect to the energy use or
efficiency of dehumidifiers must be made in
accordance with the results of testing
pursuant to this appendix. After this date, if
a manufacturer elects to make
representations with regard to standby mode
and off mode energy consumption, then
testing must also include the provisions of
this appendix related to standby mode and
off mode energy consumption.
Manufacturers conducting tests of
dehumidifiers after [DATE 30 DAYS AFTER
PUBLICATION OF THE FINAL RULE IN
THE Federal Register] and prior to [DATE
180 DAYS AFTER PUBLICATION OF THE
FINAL RULE IN THE Federal Register], must
conduct such test in accordance with either
this appendix or appendix X as it appeared
at 10 CFR part 430, subpart B, appendix X,
in the 10 CFR parts 200 to 499 edition
revised as of January 1, 2013. Any
representations made with respect to the
energy use or efficiency of such
dehumidifiers must be in accordance with
whichever version is selected. Given that
after [DATE 180 DAYS AFTER
PUBLICATION OF THE FINAL RULE IN
THE Federal Register] representations with
respect to the energy use or efficiency of
dehumidifiers must be made in accordance
with tests conducted pursuant to this
appendix, manufacturers may wish to begin
using this test procedure as soon as possible.
On or after the compliance date for any
amended energy conservation standards that
incorporate standby mode and off mode
energy consumption, all representations must
be based on testing performed in accordance
with this appendix in its entirety.
*
*
*
*
*
[FR Doc. 2013–24597 Filed 10–21–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket Number EERE–2012–BT–STD–
0045]
RIN 1904–AC87
Energy Conservation Program: Energy
Conservation Standards for Ceiling
Fans
Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Request for information.
AGENCY:
Through this Request for
Information (RFI), the U.S. Department
of Energy (DOE) seeks certain
information to help inform its current
rulemaking to consider setting energy
conservation standards for ceiling fans.
Specifically, DOE seeks information on
the interaction between ceiling fan and
air conditioning usage. To inform
interested parties and to facilitate this
process, DOE has identified several
related issues in this RFI on which DOE
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SUMMARY:
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particularly seeks to receive comment
and data from stakeholders and the
public.
DATES: Written comments and
information are requested on or before
November 21, 2013.
ADDRESSES: Interested persons are
encouraged to submit comments using
the Federal eRulemaking Portal at
https://www.regulations.gov. Follow the
instructions for submitting comments.
Alternatively, interested persons may
submit comments, identified by docket
number EERE–2012–BT–STD–0045
and/or regulatory identification number
(RIN) 1904–AC87, by any of the
following methods:
• Email:
CeilingFanLightKits2012STD0045@
ee.doe.gov. Include docket number
EERE–2012–BT–STD–0045 and/or RIN
1904–AC87 in the subject line of the
message. All comments should clearly
identify the name, address, and, if
appropriate, organization of the
commenter. Submit electronic
comments in Word Perfect, Microsoft
Word, PDF, or ASCII file format, and
avoid the use of special characters or
any form of encryption.
• Postal Mail: Ms. Brenda Edwards,
U.S. Department of Energy, Building
Technologies Office, Mailstop EE–2J,
Framework Document for Ceiling Fans
and Ceiling Fan Light Kits (Docket No.
EERE–2012–BT–STD–0045; RIN 1904–
AC87), 1000 Independence Avenue
SW., Washington, DC 20585–0121. If
possible, please submit all items on a
compact disc (CD), in which case it is
not necessary to include printed copies.
• Hand Delivery/Courier: Ms. Brenda
Edwards, U.S. Department of Energy,
Building Technologies Office, Sixth
Floor, 950 L’Enfant Plaza SW.,
Washington, DC 20024. Telephone:
(202) 586–2945. If possible, please
submit all items on a CD, in which case
it is not necessary to include printed
copies.
Instructions: All submissions received
must include the agency name and
docket number or RIN for this
rulemaking. No telefacsimilies (faxes)
will be accepted.
Docket: For access to the docket to
read background documents, or
comments received, go to the Federal
eRulemaking Portal at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information may
be sent to Ms. Lucy deButts, U.S.
Department of Energy, Office of Energy
Efficiency and Renewable Energy,
Building Technologies Office, EE–2J,
1000 Independence Avenue SW.,
Washington, DC 20585–0121.
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Frm 00023
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Telephone: (202) 287–1604. Email:
ceiling_fans@ee.doe.gov.
Mr. Eric Stas, U.S. Department of
Energy, Office of the General Counsel,
GC–71, 1000 Independence Avenue
SW., Washington, DC 20585–0121.
Telephone: (202) 586–9507. Email:
Eric.Stas@hq.doe.gov.
For information on how to submit or
review comments, contact Ms. Brenda
Edwards, U.S. Department of Energy,
Office of Energy Efficiency and
Renewable Energy, Building
Technologies Office, EE–2J, 1000
Independence Avenue SW.,
Washington, DC 20585–0121.
Telephone (202) 586–2945. Email:
Brenda.Edwards@ee.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
Title III, Part B 1 of the Energy Policy
and Conservation Act of 1975 (EPCA or
‘‘the Act’’), Public Law 94–163 (42
U.S.C. 6291–6309, as codified), sets
forth various provisions designed to
improve energy efficiency and
established the Energy Conservation
Program for Consumer Products Other
Than Automobiles.2 The Energy Policy
Act of 2005 (EPACT 2005), Public Law
109–58, amended EPCA and provided
in relevant part that DOE may establish
energy conservation standards for
ceiling fans. 42 U.S.C. 6295(ff).
On March 15, 2013, DOE published in
the Federal Register a notice of public
meeting and availability of the ‘‘Energy
Conservation Standards Rulemaking
Framework Document for Ceiling Fans
and Ceiling Fan Light Kits’’ (Framework
Document), with a public comment
period running through April 29, 2013.
78 FR 16443. The Framework Document
describes the approaches DOE
anticipates using to evaluate energy
conservation standards for ceiling fans.
On May 2, 2013, DOE published a
notice in the Federal Register extending
the comment period on the Framework
Document until June 14, 2013. 78 FR
25626.
During the Framework Document
comment period, ceiling fan
manufacturers and their industry
association stated that ceiling fans are
inherently energy-saving appliances
because they reduce the use of air
conditioning. (American Lighting
Association, No. 39 at p. 1) 3
1 For editorial reasons, upon codification in the
U.S. Code, Part B was redesignated as Part A.
2 All references to EPCA in this document refer
to the statute as amended through the American
Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112–210 (Dec. 18, 2012).
3 A notation in this form provides a reference for
information that is in the docket of DOE’s
rulemaking to develop energy conservation
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]]>Agencies
[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Proposed Rules]
[Pages 62488-62494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24597]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2013-BT-TP-0044]
RIN 1904-AD06
Energy Conservation Program: Compliance Date for the Dehumidifier
Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) proposes to revise the
compliance date for the dehumidifier test procedures established under
the Energy Policy and Conservation Act (EPCA). The proposed amendments
would require manufacturers to test using only the active mode
provisions in the test procedure for dehumidifiers currently found in
the DOE regulations to determine compliance with the existing energy
conservation standards, with the following exceptions. The appendix in
its entirety would be required for use by manufacturers that make
representations of standby mode or off mode energy use, and, after the
compliance date for any amended energy conservation standards enacted
in the future that incorporate measures of standby mode and off mode
energy use, to demonstrate compliance with such amended standards. The
proposed amendments would remove from use, 30 days after publication of
the final rule in the Federal Register, the test procedure for
dehumidifiers because DOE has determined that this test procedure would
be made redundant by the proposed amendments, as well as clarify test
procedure instructions.
DATES: DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) no later than November 21, 2013.
See section IV, ``Public Participation,'' for details.
ADDRESSES: Any comments submitted must identify the NOPR for Test
Procedures for Dehumidifiers and provide docket number EERE-2013-BT-TP-
0044 and/or regulatory information number (RIN) number 1904-AD06.
Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: Dehumidifiers2013TP0044@ee.doe.gov. Include the docket
number and/or RIN in the subject line of the message.
[[Page 62489]]
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
CD. It is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD. It is not necessary to include printed
copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section IV of this document
(Public Participation).
Docket:
A link to the docket Web page can be found at: https://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0044. This Web
page will contain a link to the docket for this notice on the
regulations.gov site. The regulations.gov Web page will contain simple
instructions on how to access all documents, including Federal Register
notices, comments, and other supporting documents/materials, in the
docket. See section IV for information on how to submit comments
through regulations.gov.
For further information on how to submit a comment, or review other
public comments and the docket, contact Ms. Brenda Edwards at (202)
586-2945 or by email: Brenda.Edwards@ee.doe.gov.
FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 586-6590. Email:
dehumidifiers@ee.doe.gov.
James Silvestro, U.S. Department of Energy, Office of the General
Counsel, GC-77, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-4224. Email: james.silvestro@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Discussion
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
IV. Public Participation
V. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6291, et seq.; ``EPCA'' or ``the Act'') sets forth a variety of
provisions designed to improve energy efficiency. (All references to
EPCA refer to the statute as amended through the American Energy
Manufacturing Technical Corrections Act (AEMTCA), Pub. L. 112-210 (Dec.
18, 2012).) Part B of title III, which for editorial reasons was
redesignated as Part A upon incorporation into the U.S. Code (42 U.S.C.
6291-6309, as codified), establishes the ``Energy Conservation Program
for Consumer Products Other Than Automobiles.'' The list of ``covered
products'' under EPCA includes dehumidifiers, which are the subject of
today's notice. 42 U.S.C. 6292(a)(11).
Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that manufacturers of
products must use to: (1) Ensure that their products meet the
applicable energy conservation standards adopted under EPCA; and (2)
make representations about the efficiency of those products.
General Test Procedure Rulemaking Process
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides in relevant part that any test
procedures prescribed or amended under section 6293 shall be reasonably
designed to produce test results which measure energy efficiency,
energy use, or estimated annual operating cost of a covered product
during a representative average use cycle or period of use and shall
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In
addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test
procedure, DOE must determine to what extent, if any, the proposed test
procedure would alter the measured energy efficiency of any covered
product as determined under the existing test procedure. (42 U.S.C.
6293(e)(1)) If DOE determines that the amended test procedure would
alter the measured efficiency of a covered product, DOE must amend the
applicable energy conservation standard accordingly. (42 U.S.C.
6293(e)(2))
The Energy Policy Act of 2005 (EPACT) amended EPCA to specify that
the dehumidifier test criteria used under the ENERGY STAR \1\ program
in effect as of January 1, 2001, must serve as the basis for the DOE
test procedure for dehumidifiers, unless revised by DOE. (EPACT,
section 135(b); 42 U.S.C. 6293(b)(13)) The ENERGY STAR test criteria
required that the Canadian Standards Association (CAN/CSA) standard
CAN/CSA-C749-1994 (R2005), ``Performance of Dehumidifiers,'' be used to
calculate the energy factor (EF) and that ANSI/AHAM Standard DH-1,
``Dehumidifiers,'' be used to measure capacity. The ENERGY STAR test
criteria did not, however, state which version of ANSI/AHAM Standard
DH-1, ``Dehumidifiers,'' was to be used, although the version in effect
on January 1, 2001, was ANSI/AHAM DH-1-1992. DOE adopted these test
criteria, along with related definitions and tolerances, as its test
procedure for dehumidifiers at 10 Code of Federal Regulations (CFR)
part 430, subpart B, appendix X in 2006. 71 FR 71340, 71347, 71366,
713667-68 (Dec. 8, 2006).
---------------------------------------------------------------------------
\1\ For more information, please visit https://www.energystar.gov/.
---------------------------------------------------------------------------
On October 31, 2012, DOE published a final rule to establish a new
test procedure for dehumidifiers that references ANSI/AHAM Standard DH-
1-2008, ``Dehumidifiers,'' (ANSI/AHAM DH-1-2008) rather than the ENERGY
STAR test criteria for both energy use and capacity measurements. 77 FR
65995 (Oct. 31, 2012). The final rule also adopted standby and off mode
provisions that satisfy the requirement in the Energy Independence and
Security Act of 2007 (EISA) for DOE to include measures of standby mode
and off mode energy consumption in its test procedures for residential
products, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) This new
DOE test procedure, codified at 10 CFR part 430, subpart B, appendix X1
(``appendix X1''), establishes a new metric,
[[Page 62490]]
integrated energy factor (IEF), which incorporates measures of active
mode, standby mode, and off mode energy use. Appendix X1 is not
currently required to demonstrate compliance with energy conservation
standards, but would be required after the compliance date of any
amended standards that include standby mode and off mode energy
consumption. Prior to the compliance date of any amended energy
conservation standards, manufacturers may currently use the test
procedure set forth in either appendix X or appendix X1 to make
representations related to active mode energy consumption of
dehumidifiers; however, manufacturers are required to use the test
procedure set forth in appendix X1 to make any representations related
to standby mode and off mode energy consumption.
II. Discussion
Manufacturers may currently test dehumidifiers using the test
procedure set forth in either appendix X or appendix X1 to determine
compliance with the existing energy conservation standards and to make
representations related to active mode energy consumption. Although the
version of ANSI/AHAM Standard DH-1 referenced in the test requirements
set forth in appendix X for measuring energy use in active mode is not
specified, DOE believes, based on its observations, that manufacturers
and test laboratories typically use the current version, ANSI/AHAM DH-
1-2008, when testing to determine compliance with the existing
dehumidifier energy conservation standards. DOE further notes that this
current version of ANSI/AHAM DH-1 is required to be used for other
industry testing purposes, such as for the AHAM dehumidifier
verification program.\2\ AHAM is also approved by the EPA to administer
verification testing for purposes of the ENERGY STAR program.
---------------------------------------------------------------------------
\2\ Under section 4.1 of AHAM's ``Dehumidifier Certification
Program Procedural Guide, January 2006'' dehumidifier water removal
capacity and EF must be certified in accordance with the latest
edition of ANSI/AHAM DH-1.
---------------------------------------------------------------------------
DOE determined, in a supplemental notice of proposed rulemaking
(SNOPR) in the previous dehumidifier test procedure rulemaking, that
the use of either ANSI/AHAM DH-1-2008 or ANSI/AHAM DH-1-1992, would
produce comparable results for active mode testing. 77 FR 31444, 31453-
54 (May 25, 2012). Therefore, manufacturers that choose to measure EF
and capacity according to appendix X using ANSI/AHAM DH-1-1992 obtain
dehumidifier performance results that are generally comparable to the
results using the active mode provisions of appendix X1. Because
appendix X is functionally equivalent to the active mode provisions of
appendix X1, DOE is proposing in today's notice that manufacturers
would demonstrate compliance with existing energy conservation
standards using appendix X1, and that appendix X would no longer be
used.
In addition to the active mode provisions in sections 1, 2, 3.1,
and 4.1, appendix X1 contains provisions for the measurement of standby
mode and off mode energy consumption in sections 4.2, 4.2.1, and 4.2.2
and the calculation of IEF in section 5.2, which will not be mandatory
until the compliance date of any amended standards. Because these
provisions are not used for determining EF or capacity, manufacturers
would incur an increased test burden when demonstrating compliance with
existing standards by conducting the entire test procedure at appendix
X1 rather than appendix X. To preclude this unnecessary testing burden,
DOE is proposing to clarify in the introductory note in appendix X1 and
in 10 CFR 430.23(z) that manufacturers that do not make representations
with respect to standby mode and off mode energy consumption may
perform only the active mode test provisions when testing to determine
compliance with the existing energy conservation standards.
Because the April 29, 2013 effective date currently provided in the
introductory notes in both appendix X and appendix X1 for
representations of standby mode and off mode energy use has passed, DOE
proposes to remove reference to that date in both appendices and
require that manufacturers making representations of standby mode and
off mode energy use must test their dehumidifier(s) in accordance with
appendix X1 in its entirety.
Accordingly, under the proposed rule, 30 days after publication,
all testing must be conducted using all or part of appendix X1,
depending on whether a manufacturer makes representations about standby
mode and off mode energy consumption. This includes testing by the
manufacturer, DOE, and any third parties. Manufacturers will have 180
additional days to make any changes needed to representations,
including labels, certification reports, marketing materials, etc. DOE
does not expect that any modifications will be needed because this
proposed test procedure modification does not change the measured
consumption. (42 U.S.C. 6293(e)(2))
Finally, DOE proposes to amend the test procedures at 10 CFR
430.23(z) to require that EF, when measured, be determined according to
the relevant active mode provisions of appendix X1, and IEF, when
measured, be determined according to appendix X1 in its entirety.
DOE requests comment on all aspects of today's proposal, and in
particular on the burden associated with the proposed requirement that
the active mode provisions of appendix X1 be used rather than appendix
X for demonstrating compliance with existing energy conservation
standards.
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IFRA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. (68 FR 7990) DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: https://energy.gov/gc/office-general-counsel.
DOE reviewed today's proposal under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE has tentatively concluded that the proposal
would not have a significant impact on a substantial number of small
entities. The factual basis for this certification is as follows:
The Small Business Administration (SBA) considers a business entity
to be small business, if, together with its
[[Page 62491]]
affiliates, it employs less than a threshold number of workers
specified in 13 CFR part 121. These size standards and codes are
established by the North American Industry Classification System
(NAICS). The threshold number for NAICS classification code 335211,
``Electric Housewares and Household Fan Manufacturing,'' which applies
to dehumidifier manufacturers, is 750 employees.
Most of the manufacturers supplying residential dehumidifiers are
large multinational corporations. DOE surveyed the AHAM member
directory to identify manufacturers of residential dehumidifiers. DOE
then consulted publicly-available data, purchased company reports from
vendors such as Dun and Bradstreet, and contacted manufacturers, where
needed, to determine if they meet the SBA's definition of a ``small
business manufacturing facility'' and have their manufacturing
facilities located within the United States. Based on this analysis,
DOE identified five small businesses that manufacture residential
dehumidifiers.
Today's proposal would amend DOE's test procedures for
dehumidifiers by requiring an updated reference to the industry
dehumidifier test method. This amendment could potentially require
manufacturers to install a larger test chamber and different air
handling equipment. However, some manufacturers may already be using
ANSI/AHAM DH-1-2008 in certifying their products. DOE notes that one of
the small businesses has products listed in AHAM's current dehumidifier
database of verified products, indicating that those tests were
conducted according to DH-1-2008. In addition, AHAM selected an
independent test laboratory to conduct dehumidifier testing and
verification for its certification program using DH-1-2008. It is
likely that this laboratory also performs testing for manufacturers to
determine compliance with energy conservation standards in the same
facility as the AHAM verification testing. Therefore, DOE concludes
that small businesses would not be likely to require investments in
facility upgrades due to the requirement to use the DOE dehumidifier
test procedure that references DH-1-2008.
For these reasons, DOE concludes and certifies that today's
proposal would not have a significant economic impact on a substantial
number of small entities. Accordingly, DOE has not prepared a
regulatory flexibility analysis for this rulemaking. DOE will transmit
the certification and supporting statement of factual basis to the
Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of residential dehumidifiers must certify to DOE that
their products comply with any applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedures for dehumidifiers,
including any amendments adopted for those test procedures. DOE has
established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including residential dehumidifiers. (76 FR 12422 (March 7,
2011)) The collection-of-information requirement for the certification
and recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 20 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for residential dehumidifiers. DOE has
determined that this rule falls into a class of actions that are
categorically excluded from review under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing
regulations at 10 CFR part 1021. Specifically, this proposed rule would
amend the existing test procedures without affecting the amount,
quality or distribution of energy usage, and, therefore, would not
result in any environmental impacts. Thus, this rulemaking is covered
by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which
applies to any rulemaking that interprets or amends an existing rule
without changing the environmental effect of that rule. Accordingly,
neither an environmental assessment nor an environmental impact
statement is required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4,
1999), imposes certain requirements on agencies formulating and
implementing policies or regulations that preempt State law or that
have Federalism implications. The Executive Order requires agencies to
examine the constitutional and statutory authority supporting any
action that would limit the policymaking discretion of the States and
to carefully assess the necessity for such actions. The Executive Order
also requires agencies to have an accountable process to ensure
meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.
On March 14, 2000, DOE published a statement of policy describing the
intergovernmental consultation process it will follow in the
development of such regulations. (65 FR 13735) DOE has examined this
proposed rule and has determined that it would not have a substantial
direct effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. EPCA governs
and prescribes Federal preemption of State regulations as to energy
conservation for the products that are the subject of today's proposed
rule. States can petition DOE for exemption from such preemption to the
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d))
No further action is required by Executive Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear
[[Page 62492]]
legal standard for affected conduct while promoting simplification and
burden reduction; (4) specifies the retroactive effect, if any; (5)
adequately defines key terms; and (6) addresses other important issues
affecting clarity and general draftsmanship under any guidelines issued
by the Attorney General. Section 3(c) of Executive Order 12988 requires
Executive agencies to review regulations in light of applicable
standards in sections 3(a) and 3(b) to determine whether they are met
or it is unreasonable to meet one or more of them. DOE has completed
the required review and determined that, to the extent permitted by
law, the proposed rule meets the relevant standards of Executive Order
12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. (62 FR 12820; also available
at https://energy.gov/gc/office-general-counsel) DOE examined today's
proposed rule according to UMRA and its statement of policy and
determined that the rule contains neither an intergovernmental mandate,
nor a mandate that may result in the expenditure of $100 million or
more in any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed today's proposed rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
Today's regulatory action to amend the test procedure for measuring
the energy efficiency of residential dehumidifiers is not a significant
regulatory action under Executive Order 12866. Moreover, it would not
have a significant adverse effect on the supply, distribution, or use
of energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788;
FEAA) Section 32 essentially provides in relevant part that, where a
proposed rule authorizes or requires use of commercial standards, the
notice of proposed rulemaking must inform the public of the use and
background of such standards. In addition, section 32(c) requires DOE
to consult with the Attorney General and the Chairman of the Federal
Trade Commission (FTC) concerning the impact of the commercial or
industry standards on competition.
IV. Public Participation
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments using any of the methods
described in the ADDRESSES section at the beginning of this notice.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. Your contact information will not be publicly viewable
except for your first and last names, organization name (if any), and
submitter representative name (if any). If your comment is not
processed properly because of technical difficulties, DOE will use this
information to contact you. If DOE cannot read your comment due to
technical difficulties and cannot contact
[[Page 62493]]
you for clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via email or on a CD, if feasible. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
V. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on September 30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of chapter II of title 10, Code of Federal Regulations as set
forth below:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
1. The authority citation for part 430 continues to read as follows:
Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.
0
2. Section 430.23 is amended by revising paragraph (z) to read as
follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(z) Dehumidifiers. (1) When measuring the energy factor for
dehumidifiers (see the note at the beginning of appendix X), expressed
in liters per kilowatt hour (L/kWh), energy factor shall be measured in
accordance with section 4.1 of appendix X to this subpart.
(2) When measuring the integrated energy factor for dehumidifiers
(see the note at the beginning of appendix X), expressed in L/kWh,
integrated energy factor shall be determined according to paragraph 5.2
of appendix X to this subpart.
* * * * *
Appendix X to Subpart B of Part 430--[Removed]
0
3. Appendix X to subpart B of part 430 is removed.
Appendix X1 to Subpart B of Part 430--[Redesignated as Appendix X]
0
4. Appendix X1 to subpart B of part 430 is amended by redesignating
Appendix X1 as Appendix X and revising the heading and note after the
heading for newly redesignated Appendix X to read as follows:
Appendix X to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Dehumidifiers
Note: After [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE
IN THE Federal Register], any representations
[[Page 62494]]
made with respect to the energy use or efficiency of dehumidifiers
must be made in accordance with the results of testing pursuant to
this appendix. After this date, if a manufacturer elects to make
representations with regard to standby mode and off mode energy
consumption, then testing must also include the provisions of this
appendix related to standby mode and off mode energy consumption.
Manufacturers conducting tests of dehumidifiers after [DATE 30
DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal Register]
and prior to [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN
THE Federal Register], must conduct such test in accordance with
either this appendix or appendix X as it appeared at 10 CFR part
430, subpart B, appendix X, in the 10 CFR parts 200 to 499 edition
revised as of January 1, 2013. Any representations made with respect
to the energy use or efficiency of such dehumidifiers must be in
accordance with whichever version is selected. Given that after
[DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal
Register] representations with respect to the energy use or
efficiency of dehumidifiers must be made in accordance with tests
conducted pursuant to this appendix, manufacturers may wish to begin
using this test procedure as soon as possible.
On or after the compliance date for any amended energy
conservation standards that incorporate standby mode and off mode
energy consumption, all representations must be based on testing
performed in accordance with this appendix in its entirety.
* * * * *
[FR Doc. 2013-24597 Filed 10-21-13; 8:45 am]
BILLING CODE 6450-01-P
