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[Federal Register Volume 76, Number 216 (Tuesday, November 8, 2011)]
[Rules and Regulations]
[Pages 69122-69123]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-28920]

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DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2006-STD-0127]
RIN 1904-AB93

Energy Conservation Program: Energy Conservation Standards for 
Certain Consumer Products (Dishwashers, Dehumidifiers, Microwave Ovens, 
and Electric and Gas Kitchen Ranges and Ovens) and for Certain 
Commercial and Industrial Equipment (Commercial Clothes Washers); 
Correction

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

ACTION: Final rule; correction.

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SUMMARY: This final rule reinstates in Department of Energy (DOE) 
regulations the energy and water conservation standards required by the 
Energy Policy Act of 2005 (EPACT 2005) for commercial clothes washers 
(CCWs) until January 1, 2013. In the final rule establishing amended 
standards for CCW, published in the Federal Register on Friday, January 
8, 2010 (75 FR 1122) and applicable as of January 1, 2013, DOE 
erroneously deleted reference to these EPACT 2005 standards.

DATES: This correction is effective on November 8, 2011. The effective 
date of the rule published Friday, January 8, 2010, was March 9, 2010. 
The standards established in that final rule will be applicable 
starting January 8, 2013.

FOR FURTHER INFORMATION CONTACT: Stephen L. Witkowski, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-7463. Email: 
Stephen.Witkowski@ee.doe.gov.
    Elizabeth Kohl, Esq., U.S. Department of Energy, Office of General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-7796. Email: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION: DOE published amended energy and water 
conservation standards for commercial clothes washers on January 8, 
2010 (75 FR 1122). Compliance with these amended standards is required 
as of January 1, 2103. Prior to January 1, 2013, manufacturers are 
required to meet the standards established by Title III, Part C \1\ of 
the Energy Policy and Conservation Act of 1975 (EPCA or the Act), 
Public Law 94-163 (42 U.S.C. 6311-6317, as codified), as amended by the 
Energy Policy Act of 2005 (EPACT 2005; Pub. L. 109-058). Those 
standards require that CCWs manufactured on or after January 1, 2007 
have a modified energy factor (MEF) of at least 1.26 cubic feet of 
capacity (ft \3\) per kilowatt-hour (kWh) and a water factor (WF) of 
not more than 9.5 gallons of water (gal) per ft \3\. (42 U.S.C. 
6313(e)) The EPACT 2005 standards were previously codified in title 10 
of the Code of Federal Regulations (CFR) part 431, subpart I, section 
431.156 (70 FR 60407, Oct. 5, 2008). In the January 8, 2010 final rule, 
however, DOE mistakenly deleted the EPACT 2005 standards from the 
regulatory text. This final rule reinserts the EPACT 2005 standards, 
which are applicable until January 1, 2013, into the regulatory text.
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    \1\ For editorial reasons, upon codification in the U.S. Code, 
Part C was redesignated Part A-1.
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Procedural Issues and Regulatory Review

    The regulatory reviews conducted for this rulemaking are those set 
forth in the October 8, 2005 final rule that originally codified the 
EPACT 2005 standards into DOE's regulations.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b), DOE 
has determined that notice and prior opportunity for comment on this 
rule are unnecessary and contrary to the public interest. The standards 
being reinstated into DOE's regulations in today's final rule are 
currently required by EPACT 2005. DOE previously codified these 
standards in its regulations in the October 2005 final rule without 
prior opportunity for comment given the EPACT 2005 directive. DOE has 
determined that there is good cause to waive the 30-day

[[Page 69123]]

delay in effective date for these same reasons.

List of Subjects in 10 CFR Part 431

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Intragovernmental relations, Reporting and recordkeeping requirements, 
and Small businesses.

    Accordingly, part 431 of chapter II, subchapter D, of title 10 of 
the Code of Federal Regulations, is corrected by making the following 
correcting amendments:

PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND 
INDUSTRIAL EQUIPMENT

0
1. The authority citation for part 431 continues to read as follows:

    Authority:  42 U.S.C. 6291-6317.

0
2. Section 431.156 of subpart I is revised to read as follows:

Sec.  431.156  Energy and water conservation standards and effective 
dates.

    (a) Each commercial clothes washer manufactured between January 1, 
2007, and January 8, 2013, shall have--
    (1) A modified energy factor of at least 1.26; and
    (2) A water consumption factor of not more than 9.5.
    (b) Each commercial clothes washer manufactured on or after January 
8, 2013, shall have a modified energy factor no less than and a water 
factor no greater than:

------------------------------------------------------------------------
                                                  Modified
                                                   energy       Water
                Equipment class                   factor,      factor,
                                                cu. ft./kWh/   gal./cu.
                                                   cycle      ft./cycle
------------------------------------------------------------------------
Top-Loading...................................         1.60          8.5
Front-Loading.................................         2.00          5.5
------------------------------------------------------------------------

    Issued in Washington, DC, on November 1, 2011.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[FR Doc. 2011-28920 Filed 11-7-11; 8:45 am]
BILLING CODE 6450-01-P
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