62488 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules 

§ 431.72 Definitions concerning 

commercial warm air furnaces. 

* * * * * 

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. 

* * * * * 

■ 10. Section 431.82 is amended by 

revising the definition of ‘‘basic model’’ 

to read as follows: 

§ 431.82 Definitions concerning 

commercial packaged boilers. 

* * * * * 

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. 

* * * * * 

■ 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. 

* * * * * 

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) 

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. 

* * * * * 

■ 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. 

* * * * * 

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. 

* * * * * 

[FR Doc. 2013–24351 Filed 10–21–13; 8:45 am] 

BILLING CODE 6450–01–P 

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. 


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Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules 62489 

1For more information, please visit http://

www.energystar.gov/. 

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: http://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: 

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 STAR1 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, 


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2Under 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. 

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 

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: http://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 

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 

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. 

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 

http://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. 

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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules 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 

■ 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
62494 Federal Register / Vol. 78, No. 204 / Tuesday, October 22, 2013 / Proposed Rules 

1For editorial reasons, upon codification in the 

U.S. Code, Part B was redesignated as Part A. 

2All 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). 

3A notation in this form provides a reference for 

information that is in the docket of DOE’s 

rulemaking to develop energy conservation 

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 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Request for information. 

SUMMARY: 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 

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 

http://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 http://

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. 

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


tkelley on DSK3SPTVN1PROD with PROPOSALS