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Rules and Regulations Federal Register

1583 

Vol. 80, No. 8 

Tuesday, January 13, 2015 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2012–BT–STD– 

0020] 

RIN 1904–AC77 

Energy Conservation Program: Energy 

Conservation Standards for 

Commercial Clothes Washers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Publication of determination. 

SUMMARY: The Energy Policy and 

Conservation Act of 1975 (EPCA), as 

amended, prescribes that the U.S. 

Department of Justice (DOJ) make a 

determination on the impact, if any, on 

the lessening of competition likely to 

result from a U.S. Department of 

Energy’s (DOE) proposed rule for energy 

conservation standards and that DOE 

publish the determination in the 

Federal Register. DOE published its 

final rule for energy conservation 

standards for commercial clothes 

washers on December 15, 2014, and is 

publishing the determination that DOJ 

made on the proposed rule. 

DATES: January 13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Bryan Berringer, U.S. Department 

of Energy, Office of Energy Efficiency 

and Renewable Energy, Building 

Technologies Program, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–0371. Email: 

Bryan.Berringer@ee.doe.gov. 

Ms. Johanna Hariharan, U.S. 

Department of Energy, Office of the 

General Counsel, GC–33, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–6307. Email: 

Johanna.Hariharan@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: On 

December 15, 2014, DOE issued a final 

rule that adopted revised energy 

conservation standards for commercial 

clothes washers (CCWs) (‘‘December 

2014 Final Rule’’). 79 FR 74491. DOE 

adopted the December 2014 Final Rule 

after considering comments received on 

the March 4, 2014 notice of proposed 

rulemaking and public meeting (‘‘March 

2014 NOPR’’). 79 FR 12301. The Energy 

Conservation and Policy Act of 1975 (42 

U.S.C. 6291, et seq.; ‘‘EPCA’’), Pub. L. 

94–163, requires that the Attorney 

General make a determination and 

analysis of the impact, if any, of any 

lessening of competition likely to result 

from a proposed standard, within 60 

days of publication. (42 U.S.C. 

6295(o)(2)(B)(ii)) EPCA also requires 

that DOE publish the determination and 

analysis in the Federal Register. Id. 

DOE received the determination in 

response to the March 2014 NOPR from 

the Attorney General and the U.S. 

Department of Justice on August 16, 

2014. In that determination, the 

Department of Justice concluded that 

the energy conservation standards for 

commercial clothes washers established 

in the subject rulemaking proceeding 

are unlikely to have a significant 

adverse impact on competition. 

Accordingly, DOE is publishing the 

determination. 

Issued in Washington, DC, on December 

16, 2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

U.S. DEPARTMENT OF JUSTICE 

Antitrust Division 

WILLIAM J. BAER 

Assistant Attorney General 

Main Justice Building 

950 Pennsylvania Avenue, N.W. 

Washington, D.C. 20530–0001 

(202) 514–2401/(202) 616–2645 (Fax) 

August 16, 2014 

Eric J. Pygi 

Deputy General Counsel 

Department of Energy 

Washington, D.C. 20585 

Re: Commercial Clothes Washers Energy 

Conservation Standards 

Dear Deputy General Counsel Pygi: 

I am responding to your June 11, 2014 

letter seeking the views of the Attorney 

General about the potential impact on 

competition of proposed energy 

conservation standards for commercial 

clothes washers. Your request was 

submitted under Section 

325(0)(2)(B)(i)(V) of the Energy Policy 

and Consen(ation Act, as amended 

(ECPA), 42 U.S.C. 6295(0)(2)(B)(i)(V), 

which requires the Attorney General to 

make a determination of the impact of 

any lessening of competition that is 

likely to result from the imposition of 

proposed energy conservation 

standards. The Attorney General’s 

responsibility for responding to requests 

from other departments about the effect 

of a program on competition has been 

delegated to the Assistant Attorney 

General for the Antitrust Division in 28 

CPR § O.40(g). 

In conducting its analysis the 

Antitrust Division examines whether a 

proposed standard may lessen 

competition, for example, by 

substantially limiting consumer choice, 

by placing certain manufacturers at an 

unjustified competitive disadvantage, or 

by inducing avoidable inefficiencies in 

production or distribution of particular 

products. A lessening of competition 

could result in higher prices to 

manufacturers and consumers. 

We have reviewed the proposed 

standards contained in the Notice of 

Proposed Rulemaking (79 FR 12302, 

March 4, 2014) (NOPR). We have also 

reviewed supplementary information 

submitted to the Attorney General by 

the Department of Energy. Based on this 

review, our conclusion is that the 

proposed energy conservation standards 

for commercial clothes washers are 

unlikely to have a significant adverse 

impact on competition. 

Sincerely, 

William J. Baer 

Enclosure 

[FR Doc. 2014–30115 Filed 1–12–15; 8:45 am] 

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