Energy Conservation Program: Energy Conservation Standards for Certain Commercial and Industrial Equipment; Early Assessment Review; Commercial Clothes Washers, 44795-44798 [2020-15080]

Download as PDF jbell on DSKJLSW7X2PROD with PROPOSALS Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules and the inclusion of term limits would not only increase the likelihood of subcommittee participation, but also promote increased industry confidence and trust in the subcommittee’s composition and function. Therefore, the alternative was rejected. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order’s information collection requirements have been previously approved by OMB and assigned OMB No. 0581–0177, Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would not impose any additional reporting or recordkeeping requirements on either small or large tart cherry handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this proposed rule. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. The Board’s meeting was widely publicized throughout the tart cherry industry, and all interested persons were invited to attend the meetings and participate in Board deliberations on all issues. Like all Board meetings, the March 19, 2020, meeting was a public meeting, and all entities, both large and small, were able to express their views on this issue. Interested persons are invited to submit comments on this proposed rule, including the regulatory and information collection impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https:// www.ams.usda.gov/rules-regulations/ moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 30-day comment period is provided to allow interested persons to respond to this proposal. All written comments timely received will be considered VerDate Sep<11>2014 18:02 Jul 23, 2020 Jkt 250001 before a final determination is made on this matter. List of Subjects in 7 CFR Part 930 Marketing agreements, Reporting and recordkeeping requirements, Tart Cherries. For the reasons set forth in the preamble, 7 CFR part 930 is proposed to be amended as follows: PART 930—TART CHERRIES GROWN IN THE STATES OF MICHIGAN, NEW YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND WISCONSIN DEPARTMENT OF ENERGY 10 CFR Part 431 [EERE–2019–BT–STD–0044] RIN 1904–AE41 Energy Conservation Program: Energy Conservation Standards for Certain Commercial and Industrial Equipment; Early Assessment Review; Commercial Clothes Washers Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Request for information. AGENCY: The U.S. Department of Energy (‘‘DOE’’) is undertaking an early assessment review for amended energy conservation standards for commercial clothes washers to determine whether to amend applicable energy conservation standards for this equipment. Specifically, through this request for information (‘‘RFI’’), DOE seeks data and information that could enable the agency to determine whether DOE should propose a ‘‘no-new-standard’’ determination because a more-stringent standard: Would not result in a significant savings of energy; is not technologically feasible; is not economically justified; or any combination of the foregoing. DOE welcomes written comments from the public on any subject within the scope of this document (including those topics not specifically raised in this RFI), as well as the submission of data and other relevant information concerning this early assessment review. DATES: Written comments and information are requested and will be accepted on or before September 22, 2020. 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–2019–BT–STD–0044, by any of the following methods: 1. Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. 2. Email: to CommClothesWashers2019STD0044@ ee.doe.gov. Include docket number EERE–2019–BT–STD–0044 in the subject line of the message. 3. Postal Mail: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, Mailstop EE–5B, 1000 Independence Avenue SW, SUMMARY: 1. The authority citation for 7 CFR part 930 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Amend § 930.162 by revising paragraph (d) to read as follows: ■ § 930.162 Exemptions. * * * * * (d) Review of applications. A Board appointed subcommittee shall review applications for exemption or renewal of exemption and either approve or deny the exemption. The subcommittee shall consist of up to five total members, each having no handler affiliation but knowledge of the tart cherry industry, one of whom shall be the public member or the alternate public member if available to serve. Each subcommittee appointment shall be limited to a fiveyear term. Any denial of an application for exemption or renewal of an existing exemption shall be served on the applicant by certified mail and shall state the reasons for the denial. Within 10 days after the receipt of a denial, the applicant may file an appeal, in writing, with the Deputy Administrator, Specialty Crops Program, supported by any arguments and evidence the applicant may wish to offer as to why the application for exemption or renewal of exemption should have been approved. The Deputy Administrator, upon consideration of such appeal, will take such action as deemed appropriate with respect to the application for exemption or renewal of exemption. * * * * * Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020–15201 Filed 7–23–20; 8:45 am] BILLING CODE 3410–02–P PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 44795 E:\FR\FM\24JYP1.SGM 24JYP1 44796 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules Washington, DC, 20585–0121. Telephone: (202) 287–1445. If possible, please submit all items on a compact disc (‘‘CD’’), in which case it is not necessary to include printed copies. 4. Hand Delivery/Courier: Appliance and Equipment Standards Program, U.S. Department of Energy, Building Technologies Office, 950 L’Enfant Plaza, SW, Suite 600, Washington, DC, 20024. Telephone: (202) 287–1445. If possible, please submit all items on a CD, in which case it is not necessary to include printed copies. No telefacsimilies (faxes) will be accepted. For detailed instructions on submitting comments and additional information on this process, see section III of this document. Docket: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at https:// www.regulations.gov. All documents in the docket are listed in the https:// www.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 docket web page can be found at: https://www.regulations.gov/ #!docketDetail;D=EERE-2019-BT-STD0044. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section III for information on how to submit comments through https:// www.regulations.gov. Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE–5B, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 586– 0371. Email: ApplianceStandardsQuestions@ ee.doe.gov. Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General Counsel, GC–33, 1000 Independence Avenue SW, Washington, DC 20585–0121. Telephone: (202) 586–7796. Email: Elizabeth.Kohl@hq.doe.gov. For further information on how to submit a comment or review other public comments and the docket, contact the Appliance and Equipment Standards Program staff at (202) 287– 1445 or by email: ApplianceStandardsQuestions@ ee.doe.gov. jbell on DSKJLSW7X2PROD with PROPOSALS FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 18:02 Jul 23, 2020 Jkt 250001 Table of Contents I. Introduction A. Authority B. Rulemaking History II. Request for Information A. Significant Savings of Energy B. Technological Feasibility C. Economic Justification III. Submission of Comments I. Introduction DOE has established an early assessment review process to conduct a more focused analysis of a specific set of facts or circumstances that would allow DOE to determine that, based on one or more statutory criteria, a new or amended energy conservation standard is not warranted. One of the major factors that led to the establishment of this review is to limit the resources, from both DOE and stakeholders, allocated to rulemakings that will not satisfy the requirements in Energy Policy and Conservation Act, as amended (‘‘EPCA’’) 1 that a new or amended energy conservation standard save a significant amount of energy, and be economically justified and technologically feasible. See 85 FR 8626, 8653–8654 (Feb. 14, 2020). As part of the early assessment, DOE publishes a RFI in the Federal Register, announcing that DOE is considering initiating a rulemaking proceeding and soliciting comments, data, and information on whether a new or amended energy conservation standard would save a significant amount of energy and be technologically feasible and economically justified. Based on the information received in response to the RFI and DOE’s own analysis, DOE will determine whether to proceed with a rulemaking for a new or amended energy conservation standard. If DOE makes an initial determination based upon available evidence that a new or amended energy conservation standard would not meet the applicable statutory criteria, DOE would engage in notice and comment rulemaking before issuing a final determination that new or amended energy conservation standards are not warranted. Conversely, if DOE makes an initial determination that a new or amended energy conservation standard would satisfy the applicable statutory criteria or DOE’s analysis is inconclusive, DOE would undertake the preliminary stages of a rulemaking to issue a new or amended energy conservation standard. Beginning such a rulemaking, however, would not preclude DOE from later 1 All references to EPCA in this document refer to the statute as amended through America’s Water Infrastructure Act of 2018, Public Law 115–270 (Oct. 23, 2018). PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 making a determination that a new or amended energy conservation standard cannot satisfy the requirements in the EPCA, based upon the full suite of DOE’s analyses. See 85 FR 8626, 8654 (Feb. 14, 2020). A. Authority EPCA, among other things, authorizes DOE to regulate the energy efficiency of a number of consumer products and certain industrial equipment. (42 U.S.C. 6291–6317) Title III, Part C 2 of EPCA, added by Public Law 95–619, Title IV, section 441(a) (42 U.S.C. 6311–6317, as codified), established the Energy Conservation Program for Certain Industrial Equipment, which sets forth a variety of provisions designed to improve energy efficiency. This equipment includes commercial clothes washers (‘‘CCW’’), the subject of this document. (42 U.S.C. 6311(1)(H)). Under EPCA, DOE’s energy conservation program consists essentially of four parts: (1) Testing, (2) labeling, (3) Federal energy conservation standards, and (4) certification and enforcement procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 6315), energy conservation standards (42 U.S.C. 6313), and the authority to require information and reports from manufacturers (42 U.S.C. 6316). Federal energy efficiency requirements for covered equipment established under EPCA generally supersede State laws and regulations concerning energy conservation testing, labeling, and standards. (42 U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers of Federal preemption in limited instances for particular State laws or regulations, in accordance with the procedures and other provisions set forth under 42 U.S.C. 6316(a) (applying the preemption waiver provisions of 42 U.S.C. 6297). EPCA also requires that, not later than six years after the issuance of any final rule establishing or amending a standard, DOE evaluate the energy conservation standards for each type of covered equipment, including those at issue here, and publish either a notice of determination that the standards do not need to be amended, or a notice of proposed rulemaking (‘‘NOPR’’) that includes new proposed energy conservation standards (proceeding to a final rule, as appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)) In making a determination that the 2 For editorial reasons, upon codification in the U.S. Code, Part C was redesignated Part A–1. E:\FR\FM\24JYP1.SGM 24JYP1 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules standards do not need to be amended, DOE must evaluate whether amended standards (1) will result in significant conservation of energy, (2) are technologically feasible, and (3) are cost effective as described under 42 U.S.C. 6295(o)(2)(B)(i)(II). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)(A); 42 U.S.C. 6295(n)(2)) Under 42 U.S.C. 6295(o)(2)(B)(i)(II), DOE must determine whether the benefits of a standard exceed its burdens by, to the greatest extent practicable, considering the savings in operating costs throughout the estimated average life of the covered equipment in the type (or class) compared to any increase in the price of, or in the initial charges for, or maintenance expenses of, the covered equipment which are likely to result from the imposition of the standard. If DOE determines not to amend a standard based on the statutory criteria, not later than three years after the issuance of a final determination not to amend standards, DOE must publish either a notice of determination that standards for the equipment do not need to be amended, or a NOPR including new proposed energy conservation standards (proceeding to a final rule, as appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(3)(B)) DOE must make the analysis on which a determination is based publicly available and provide an opportunity for written comment. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(2)) In proposing new standards, DOE must evaluate that proposal against the criteria of 42 U.S.C. 6295(o), as described in the following section, and follow the rulemaking procedures set out in 42 U.S.C. 6295(p). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)(B)) If DOE decides to amend the standard based on the statutory criteria, DOE must publish a final rule not later than two years after energy conservation standards are proposed. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(3)(A)) jbell on DSKJLSW7X2PROD with PROPOSALS B. Rulemaking History DOE completed a rulemaking in 2014 to amend the standards for CCWs manufactured on or after January 1, 2018. 79 FR 74492 (Dec. 15, 2014; ‘‘December 2014 Final Rule’’). The current energy conservation standards established in this final rule are located in title 10 of the Code of Federal Regulations (‘‘CFR’’) part 431 section 156(b). As provided in 10 CFR 431.154, the currently applicable DOE test procedures for CCWs appear at appendix J2 to subpart B of part 430, VerDate Sep<11>2014 18:02 Jul 23, 2020 Jkt 250001 which prescribes the test procedures for residential clothes washers.3 II. Request for Information DOE is publishing this RFI to collect data and information during the early assessment review to inform its decision, consistent with its obligations under EPCA, as to whether the Department should proceed with an energy conservation standards rulemaking. Accordingly, in the following sections, DOE has identified specific issues on which it seeks input to aid in its analysis of whether an amended standard for CCWs would not save a significant amount of energy or be technologically feasible or economically justified. In particular, DOE is interested in any information indicating that there has not been sufficient technological or market changes since DOE last conducted an energy conservation standards rulemaking analysis for CCWs to suggest a more-stringent standard could satisfy these criteria. DOE also welcomes comments on other issues relevant to its early assessment that may not specifically be identified in this document. A. Significant Savings of Energy On December 15, 2014, DOE established energy conservation standards for CCWs that are expected to result in 0.04 quadrillion British thermal units (‘‘quads’’) of site energy savings 4 over a 30-year period, which amounts to energy savings of 7 percent relative to the energy use of CCWs without the amended standards. 79 FR 74492, 74493. If DOE determines that more-stringent energy conservation standards would not result in an additional 0.3 quads of site energy savings or an additional 10-percent reduction in site energy use over a 30year period, DOE would propose to make a no-new-standards determination. DOE seeks comment on energy savings that could be expected from more-stringent standards for CCWs. 3 EPCA directs that the test procedure for CCWs shall be the same as the test procedures established for residential clothes washers. (42 U.S.C. 6314(a)(8)) 4 This estimate of 0.04 quads reflects site energy savings. The final rule published December 15, 2014 presented the 30-year energy savings estimate as 0.07 quads, reflecting full-fuel-cycle (‘‘FFC’’) energy savings. The FFC measure includes point-ofuse (site) energy; the energy losses associated with generation, transmission, and distribution of electricity; and the energy consumed in extracting, processing, and transporting or distributing primary fuels. 79 FR 77492, 74502. PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 44797 B. Technological Feasibility In the December 2014 Final Rule, DOE considered a number of technology options that manufacturers could use to reduce energy consumption in CCWs. DOE seeks comment on any changes to these technology options that could affect whether DOE could propose a ‘‘no-new-standards’’ determination, such as an insignificant increase in the range of efficiencies and performance characteristics of these technology options. DOE also seeks comment on whether there are any other technology options that DOE should consider in its analysis. C. Economic Justification In determining whether a proposed energy conservation standard is economically justified, DOE analyzes, among other things, the potential economic impact on consumers, manufacturers, and the Nation. DOE seeks comment on whether there are economic barriers to the adoption of more-stringent energy conservation standards for CCWs. DOE also seeks comment and data on any other aspects of its economic justification analysis from the December 2014 Final Rule that may indicate whether more-stringent energy conservation standards would not be economically justified or cost effective. III. Submission of Comments DOE invites all interested parties to submit in writing by September 22, 2020, comments and information on matters addressed in this notice and on other matters relevant to DOE’s early assessment of whether more-stringent energy conservation standards are not warranted for CCWs. Submitting comments via https:// www.regulations.gov. The https:// www.regulations.gov web page requires 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 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 E:\FR\FM\24JYP1.SGM 24JYP1 jbell on DSKJLSW7X2PROD with PROPOSALS 44798 Federal Register / Vol. 85, No. 143 / Friday, July 24, 2020 / Proposed Rules 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. If this instruction is followed, 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 https:// www.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 https:// www.regulations.gov cannot be claimed as CBI. Comments received through the website 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 https://www.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 https:// www.regulations.gov provides after you have successfully uploaded your comment. Submitting comments via email, hand delivery/courier, or postal mail. Comments and documents submitted via email, hand delivery/courier, or postal mail also will be posted to https:// www.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 in 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 postal mail or hand delivery/ courier, please provide all items on a CD, if feasible, in which case it is not necessary to submit printed copies. Faxes will not 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 VerDate Sep<11>2014 18:58 Jul 23, 2020 Jkt 250001 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. Pursuant to 10 CFR 1004.11, any person submitting information that he or she believes to be confidential and exempt by law from public disclosure should submit via email, postal mail, or hand delivery/courier 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 to CommClothesWashers2019STD0044@ ee.doe.gov 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. 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). DOE considers public participation to be a very important part of the process for developing test procedures and energy conservation standards. DOE actively encourages the participation and interaction of the public during the comment period in each stage of this process. Interactions with and between members of the public provide a balanced discussion of the issues and assist DOE in the process. Anyone who wishes to be added to the DOE mailing list to receive future notices and information about this process should contact Appliance and Equipment Standards Program staff at (202) 287– 1445 or via email at ApplianceStandardsQuestions@ ee.doe.gov. Signing Authority This document of the Department of Energy was signed on July 8, 2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on July 8, 2020. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2020–15080 Filed 7–23–20; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2020–0729; Project Identifier AD–2020–00620–E] RIN 2120–AA64 Airworthiness Directives; CFM International, S.A. Turbofan Engines Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for certain CFM International, S.A. (CFM) LEAP–1A23, LEAP–1A24, LEAP– 1A24E1, LEAP–1A26, LEAP–1A26CJ, LEAP–1A26E1, LEAP–1A29, LEAP– 1A29CJ, LEAP–1A30, LEAP–1A32, LEAP–1A33, LEAP–1A33B2, LEAP– 1A35A model turbofan engines. This proposed AD was prompted by an investigation by CFM that showed a subsurface anomaly in a part manufactured using the same material as the LEAP–1A high-pressure turbine (HPT) stage 2 disk. This proposed AD would require an ultrasonic inspection (UI) of the HPT stage 2 disk and replacement of any HPT stage 2 disk that fails the UI with a part eligible for installation. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by September 8, 2020. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: SUMMARY: E:\FR\FM\24JYP1.SGM 24JYP1

Agencies

DEPARTMENT OF ENERGY

[Federal Register Volume 85, Number 143 (Friday, July 24, 2020)]
[Proposed Rules]
[Pages 44795-44798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15080]


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DEPARTMENT OF ENERGY

10 CFR Part 431

[EERE-2019-BT-STD-0044]
RIN 1904-AE41


Energy Conservation Program: Energy Conservation Standards for 
Certain Commercial and Industrial Equipment; Early Assessment Review; 
Commercial Clothes Washers

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

ACTION: Request for information.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an 
early assessment review for amended energy conservation standards for 
commercial clothes washers to determine whether to amend applicable 
energy conservation standards for this equipment. Specifically, through 
this request for information (``RFI''), DOE seeks data and information 
that could enable the agency to determine whether DOE should propose a 
``no-new-standard'' determination because a more-stringent standard: 
Would not result in a significant savings of energy; is not 
technologically feasible; is not economically justified; or any 
combination of the foregoing. DOE welcomes written comments from the 
public on any subject within the scope of this document (including 
those topics not specifically raised in this RFI), as well as the 
submission of data and other relevant information concerning this early 
assessment review.

DATES: Written comments and information are requested and will be 
accepted on or before September 22, 2020.

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-2019-BT-
STD-0044, by any of the following methods:
    1. Federal eRulemaking Portal: https://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include 
docket number EERE-2019-BT-STD-0044 in the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW,

[[Page 44796]]

Washington, DC, 20585-0121. Telephone: (202) 287-1445. If possible, 
please submit all items on a compact disc (``CD''), in which case it is 
not necessary to include printed copies.
    4. Hand Delivery/Courier: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza, SW, Suite 600, Washington, DC, 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at https://www.regulations.gov. All documents in 
the docket are listed in the https://www.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 docket web page can be found at: https://www.regulations.gov/#!docketDetail;D=EERE-2019-BT-STD-0044. The docket web page contains 
instructions on how to access all documents, including public comments, 
in the docket. See section III for information on how to submit 
comments through https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Bryan Berringer, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Office, EE-5B, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-0371. Email: 
[email protected].
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 
20585-0121. Telephone: (202) 586-7796. Email: 
[email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
    A. Authority
    B. Rulemaking History
II. Request for Information
    A. Significant Savings of Energy
    B. Technological Feasibility
    C. Economic Justification
III. Submission of Comments

I. Introduction

    DOE has established an early assessment review process to conduct a 
more focused analysis of a specific set of facts or circumstances that 
would allow DOE to determine that, based on one or more statutory 
criteria, a new or amended energy conservation standard is not 
warranted. One of the major factors that led to the establishment of 
this review is to limit the resources, from both DOE and stakeholders, 
allocated to rulemakings that will not satisfy the requirements in 
Energy Policy and Conservation Act, as amended (``EPCA'') \1\ that a 
new or amended energy conservation standard save a significant amount 
of energy, and be economically justified and technologically feasible. 
See 85 FR 8626, 8653-8654 (Feb. 14, 2020).
---------------------------------------------------------------------------

    \1\ All references to EPCA in this document refer to the statute 
as amended through America's Water Infrastructure Act of 2018, 
Public Law 115-270 (Oct. 23, 2018).
---------------------------------------------------------------------------

    As part of the early assessment, DOE publishes a RFI in the Federal 
Register, announcing that DOE is considering initiating a rulemaking 
proceeding and soliciting comments, data, and information on whether a 
new or amended energy conservation standard would save a significant 
amount of energy and be technologically feasible and economically 
justified. Based on the information received in response to the RFI and 
DOE's own analysis, DOE will determine whether to proceed with a 
rulemaking for a new or amended energy conservation standard.
    If DOE makes an initial determination based upon available evidence 
that a new or amended energy conservation standard would not meet the 
applicable statutory criteria, DOE would engage in notice and comment 
rulemaking before issuing a final determination that new or amended 
energy conservation standards are not warranted. Conversely, if DOE 
makes an initial determination that a new or amended energy 
conservation standard would satisfy the applicable statutory criteria 
or DOE's analysis is inconclusive, DOE would undertake the preliminary 
stages of a rulemaking to issue a new or amended energy conservation 
standard. Beginning such a rulemaking, however, would not preclude DOE 
from later making a determination that a new or amended energy 
conservation standard cannot satisfy the requirements in the EPCA, 
based upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb. 
14, 2020).

A. Authority

    EPCA, among other things, authorizes DOE to regulate the energy 
efficiency of a number of consumer products and certain industrial 
equipment. (42 U.S.C. 6291-6317) Title III, Part C \2\ of EPCA, added 
by Public Law 95-619, Title IV, section 441(a) (42 U.S.C. 6311-6317, as 
codified), established the Energy Conservation Program for Certain 
Industrial Equipment, which sets forth a variety of provisions designed 
to improve energy efficiency. This equipment includes commercial 
clothes washers (``CCW''), the subject of this document. (42 U.S.C. 
6311(1)(H)).
---------------------------------------------------------------------------

    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
---------------------------------------------------------------------------

    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of EPCA include definitions (42 U.S.C. 
6311), test procedures (42 U.S.C. 6314), labeling provisions (42 U.S.C. 
6315), energy conservation standards (42 U.S.C. 6313), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6316).
    Federal energy efficiency requirements for covered equipment 
established under EPCA generally supersede State laws and regulations 
concerning energy conservation testing, labeling, and standards. (42 
U.S.C. 6316(a) and (b); 42 U.S.C. 6297) DOE may, however, grant waivers 
of Federal preemption in limited instances for particular State laws or 
regulations, in accordance with the procedures and other provisions set 
forth under 42 U.S.C. 6316(a) (applying the preemption waiver 
provisions of 42 U.S.C. 6297).
    EPCA also requires that, not later than six years after the 
issuance of any final rule establishing or amending a standard, DOE 
evaluate the energy conservation standards for each type of covered 
equipment, including those at issue here, and publish either a notice 
of determination that the standards do not need to be amended, or a 
notice of proposed rulemaking (``NOPR'') that includes new proposed 
energy conservation standards (proceeding to a final rule, as 
appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)) In making a 
determination that the

[[Page 44797]]

standards do not need to be amended, DOE must evaluate whether amended 
standards (1) will result in significant conservation of energy, (2) 
are technologically feasible, and (3) are cost effective as described 
under 42 U.S.C. 6295(o)(2)(B)(i)(II). (42 U.S.C. 6316(a); 42 U.S.C. 
6295(m)(1)(A); 42 U.S.C. 6295(n)(2)) Under 42 U.S.C. 
6295(o)(2)(B)(i)(II), DOE must determine whether the benefits of a 
standard exceed its burdens by, to the greatest extent practicable, 
considering the savings in operating costs throughout the estimated 
average life of the covered equipment in the type (or class) compared 
to any increase in the price of, or in the initial charges for, or 
maintenance expenses of, the covered equipment which are likely to 
result from the imposition of the standard. If DOE determines not to 
amend a standard based on the statutory criteria, not later than three 
years after the issuance of a final determination not to amend 
standards, DOE must publish either a notice of determination that 
standards for the equipment do not need to be amended, or a NOPR 
including new proposed energy conservation standards (proceeding to a 
final rule, as appropriate). (42 U.S.C. 6316(a); 42 U.S.C. 
6295(m)(3)(B)) DOE must make the analysis on which a determination is 
based publicly available and provide an opportunity for written 
comment. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(2))
    In proposing new standards, DOE must evaluate that proposal against 
the criteria of 42 U.S.C. 6295(o), as described in the following 
section, and follow the rulemaking procedures set out in 42 U.S.C. 
6295(p). (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(1)(B)) If DOE decides to 
amend the standard based on the statutory criteria, DOE must publish a 
final rule not later than two years after energy conservation standards 
are proposed. (42 U.S.C. 6316(a); 42 U.S.C. 6295(m)(3)(A))

B. Rulemaking History

    DOE completed a rulemaking in 2014 to amend the standards for CCWs 
manufactured on or after January 1, 2018. 79 FR 74492 (Dec. 15, 2014; 
``December 2014 Final Rule''). The current energy conservation 
standards established in this final rule are located in title 10 of the 
Code of Federal Regulations (``CFR'') part 431 section 156(b). As 
provided in 10 CFR 431.154, the currently applicable DOE test 
procedures for CCWs appear at appendix J2 to subpart B of part 430, 
which prescribes the test procedures for residential clothes 
washers.\3\
---------------------------------------------------------------------------

    \3\ EPCA directs that the test procedure for CCWs shall be the 
same as the test procedures established for residential clothes 
washers. (42 U.S.C. 6314(a)(8))
---------------------------------------------------------------------------

II. Request for Information

    DOE is publishing this RFI to collect data and information during 
the early assessment review to inform its decision, consistent with its 
obligations under EPCA, as to whether the Department should proceed 
with an energy conservation standards rulemaking. Accordingly, in the 
following sections, DOE has identified specific issues on which it 
seeks input to aid in its analysis of whether an amended standard for 
CCWs would not save a significant amount of energy or be 
technologically feasible or economically justified. In particular, DOE 
is interested in any information indicating that there has not been 
sufficient technological or market changes since DOE last conducted an 
energy conservation standards rulemaking analysis for CCWs to suggest a 
more-stringent standard could satisfy these criteria. DOE also welcomes 
comments on other issues relevant to its early assessment that may not 
specifically be identified in this document.

A. Significant Savings of Energy

    On December 15, 2014, DOE established energy conservation standards 
for CCWs that are expected to result in 0.04 quadrillion British 
thermal units (``quads'') of site energy savings \4\ over a 30-year 
period, which amounts to energy savings of 7 percent relative to the 
energy use of CCWs without the amended standards. 79 FR 74492, 74493. 
If DOE determines that more-stringent energy conservation standards 
would not result in an additional 0.3 quads of site energy savings or 
an additional 10-percent reduction in site energy use over a 30-year 
period, DOE would propose to make a no-new-standards determination. DOE 
seeks comment on energy savings that could be expected from more-
stringent standards for CCWs.
---------------------------------------------------------------------------

    \4\ This estimate of 0.04 quads reflects site energy savings. 
The final rule published December 15, 2014 presented the 30-year 
energy savings estimate as 0.07 quads, reflecting full-fuel-cycle 
(``FFC'') energy savings. The FFC measure includes point-of-use 
(site) energy; the energy losses associated with generation, 
transmission, and distribution of electricity; and the energy 
consumed in extracting, processing, and transporting or distributing 
primary fuels. 79 FR 77492, 74502.
---------------------------------------------------------------------------

B. Technological Feasibility

    In the December 2014 Final Rule, DOE considered a number of 
technology options that manufacturers could use to reduce energy 
consumption in CCWs. DOE seeks comment on any changes to these 
technology options that could affect whether DOE could propose a ``no-
new-standards'' determination, such as an insignificant increase in the 
range of efficiencies and performance characteristics of these 
technology options. DOE also seeks comment on whether there are any 
other technology options that DOE should consider in its analysis.

C. Economic Justification

    In determining whether a proposed energy conservation standard is 
economically justified, DOE analyzes, among other things, the potential 
economic impact on consumers, manufacturers, and the Nation. DOE seeks 
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards for CCWs. DOE also seeks 
comment and data on any other aspects of its economic justification 
analysis from the December 2014 Final Rule that may indicate whether 
more-stringent energy conservation standards would not be economically 
justified or cost effective.

III. Submission of Comments

    DOE invites all interested parties to submit in writing by 
September 22, 2020, comments and information on matters addressed in 
this notice and on other matters relevant to DOE's early assessment of 
whether more-stringent energy conservation standards are not warranted 
for CCWs.
    Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page requires 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 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

[[Page 44798]]

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. 
If this instruction is followed, 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 https://www.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 https://www.regulations.gov cannot be claimed as CBI. Comments 
received through the website 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 https://www.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 https://www.regulations.gov provides after you have successfully uploaded your 
comment.
    Submitting comments via email, hand delivery/courier, or postal 
mail. Comments and documents submitted via email, hand delivery/
courier, or postal mail also will be posted to https://www.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 in 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 postal mail 
or hand delivery/courier, please provide all items on a CD, if 
feasible, in which case it is not necessary to submit printed copies. 
Faxes will not 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. Pursuant to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery/courier 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 to 
[email protected] 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.
    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).
    DOE considers public participation to be a very important part of 
the process for developing test procedures and energy conservation 
standards. DOE actively encourages the participation and interaction of 
the public during the comment period in each stage of this process. 
Interactions with and between members of the public provide a balanced 
discussion of the issues and assist DOE in the process. Anyone who 
wishes to be added to the DOE mailing list to receive future notices 
and information about this process should contact Appliance and 
Equipment Standards Program staff at (202) 287-1445 or via email at 
[email protected].
Signing Authority
    This document of the Department of Energy was signed on July 8, 
2020, by Alexander N. Fitzsimmons, Deputy Assistant Secretary for 
Energy Efficiency, Energy Efficiency and Renewable Energy, pursuant to 
delegated authority from the Secretary of Energy. That document with 
the original signature and date is maintained by DOE. For 
administrative purposes only, and in compliance with requirements of 
the Office of the Federal Register, the undersigned DOE Federal 
Register Liaison Officer has been authorized to sign and submit the 
document in electronic format for publication, as an official document 
of the Department of Energy. This administrative process in no way 
alters the legal effect of this document upon publication in the 
Federal Register.

    Signed in Washington, DC, on July 8, 2020.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2020-15080 Filed 7-23-20; 8:45 am]
BILLING CODE 6450-01-P

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