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[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Proposed Rules]
[Pages 62488-62494]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-24597]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2013-BT-TP-0044]
RIN 1904-AD06

Energy Conservation Program: Compliance Date for the Dehumidifier 
Test Procedure

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) proposes to revise the 
compliance date for the dehumidifier test procedures established under 
the Energy Policy and Conservation Act (EPCA). The proposed amendments 
would require manufacturers to test using only the active mode 
provisions in the test procedure for dehumidifiers currently found in 
the DOE regulations to determine compliance with the existing energy 
conservation standards, with the following exceptions. The appendix in 
its entirety would be required for use by manufacturers that make 
representations of standby mode or off mode energy use, and, after the 
compliance date for any amended energy conservation standards enacted 
in the future that incorporate measures of standby mode and off mode 
energy use, to demonstrate compliance with such amended standards. The 
proposed amendments would remove from use, 30 days after publication of 
the final rule in the Federal Register, the test procedure for 
dehumidifiers because DOE has determined that this test procedure would 
be made redundant by the proposed amendments, as well as clarify test 
procedure instructions.

DATES: DOE will accept comments, data, and information regarding this 
notice of proposed rulemaking (NOPR) no later than November 21, 2013. 
See section IV, ``Public Participation,'' for details.

ADDRESSES: Any comments submitted must identify the NOPR for Test 
Procedures for Dehumidifiers and provide docket number EERE-2013-BT-TP-
0044 and/or regulatory information number (RIN) number 1904-AD06. 
Comments may be submitted using any of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the 
instructions for submitting comments.
    2. Email: Dehumidifiers2013TP0044@ee.doe.gov. Include the docket 
number and/or RIN in the subject line of the message.

[[Page 62489]]

    3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building 
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. If possible, please submit all items on a 
CD. It is not necessary to include printed copies.
    4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of 
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible, 
please submit all items on a CD. It is not necessary to include printed 
copies.
    For detailed instructions on submitting comments and additional 
information on the rulemaking process, see section IV of this document 
(Public Participation).
    Docket:
    A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0044. This Web 
page will contain a link to the docket for this notice on the 
regulations.gov site. The regulations.gov Web page will contain simple 
instructions on how to access all documents, including Federal Register 
notices, comments, and other supporting documents/materials, in the 
docket. See section IV for information on how to submit comments 
through regulations.gov.
    For further information on how to submit a comment, or review other 
public comments and the docket, contact Ms. Brenda Edwards at (202) 
586-2945 or by email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of 
Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington, 
DC 20585-0121. Telephone: (202) 586-6590. Email: 
dehumidifiers@ee.doe.gov.
    James Silvestro, U.S. Department of Energy, Office of the General 
Counsel, GC-77, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-4224. Email: james.silvestro@hq.doe.gov.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
II. Discussion
III. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under Treasury and General Government Appropriations 
Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
IV. Public Participation
V. Approval of the Office of the Secretary

I. Authority and Background

    Title III of the Energy Policy and Conservation Act of 1975 (42 
U.S.C. 6291, et seq.; ``EPCA'' or ``the Act'') sets forth a variety of 
provisions designed to improve energy efficiency. (All references to 
EPCA refer to the statute as amended through the American Energy 
Manufacturing Technical Corrections Act (AEMTCA), Pub. L. 112-210 (Dec. 
18, 2012).) Part B of title III, which for editorial reasons was 
redesignated as Part A upon incorporation into the U.S. Code (42 U.S.C. 
6291-6309, as codified), establishes the ``Energy Conservation Program 
for Consumer Products Other Than Automobiles.'' The list of ``covered 
products'' under EPCA includes dehumidifiers, which are the subject of 
today's notice. 42 U.S.C. 6292(a)(11).
    Under EPCA, the energy conservation program consists essentially of 
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation 
standards, and (4) certification and enforcement procedures. The 
testing requirements consist of test procedures that manufacturers of 
products must use to: (1) Ensure that their products meet the 
applicable energy conservation standards adopted under EPCA; and (2) 
make representations about the efficiency of those products.

General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under section 6293 shall be reasonably 
designed to produce test results which measure energy efficiency, 
energy use, or estimated annual operating cost of a covered product 
during a representative average use cycle or period of use and shall 
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In 
addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) Finally, in any rulemaking to amend a test 
procedure, DOE must determine to what extent, if any, the proposed test 
procedure would alter the measured energy efficiency of any covered 
product as determined under the existing test procedure. (42 U.S.C. 
6293(e)(1)) If DOE determines that the amended test procedure would 
alter the measured efficiency of a covered product, DOE must amend the 
applicable energy conservation standard accordingly. (42 U.S.C. 
6293(e)(2))
    The Energy Policy Act of 2005 (EPACT) amended EPCA to specify that 
the dehumidifier test criteria used under the ENERGY STAR \1\ program 
in effect as of January 1, 2001, must serve as the basis for the DOE 
test procedure for dehumidifiers, unless revised by DOE. (EPACT, 
section 135(b); 42 U.S.C. 6293(b)(13)) The ENERGY STAR test criteria 
required that the Canadian Standards Association (CAN/CSA) standard 
CAN/CSA-C749-1994 (R2005), ``Performance of Dehumidifiers,'' be used to 
calculate the energy factor (EF) and that ANSI/AHAM Standard DH-1, 
``Dehumidifiers,'' be used to measure capacity. The ENERGY STAR test 
criteria did not, however, state which version of ANSI/AHAM Standard 
DH-1, ``Dehumidifiers,'' was to be used, although the version in effect 
on January 1, 2001, was ANSI/AHAM DH-1-1992. DOE adopted these test 
criteria, along with related definitions and tolerances, as its test 
procedure for dehumidifiers at 10 Code of Federal Regulations (CFR) 
part 430, subpart B, appendix X in 2006. 71 FR 71340, 71347, 71366, 
713667-68 (Dec. 8, 2006).
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    \1\ For more information, please visit http://www.energystar.gov/.
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    On October 31, 2012, DOE published a final rule to establish a new 
test procedure for dehumidifiers that references ANSI/AHAM Standard DH-
1-2008, ``Dehumidifiers,'' (ANSI/AHAM DH-1-2008) rather than the ENERGY 
STAR test criteria for both energy use and capacity measurements. 77 FR 
65995 (Oct. 31, 2012). The final rule also adopted standby and off mode 
provisions that satisfy the requirement in the Energy Independence and 
Security Act of 2007 (EISA) for DOE to include measures of standby mode 
and off mode energy consumption in its test procedures for residential 
products, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) This new 
DOE test procedure, codified at 10 CFR part 430, subpart B, appendix X1 
(``appendix X1''), establishes a new metric,

[[Page 62490]]

integrated energy factor (IEF), which incorporates measures of active 
mode, standby mode, and off mode energy use. Appendix X1 is not 
currently required to demonstrate compliance with energy conservation 
standards, but would be required after the compliance date of any 
amended standards that include standby mode and off mode energy 
consumption. Prior to the compliance date of any amended energy 
conservation standards, manufacturers may currently use the test 
procedure set forth in either appendix X or appendix X1 to make 
representations related to active mode energy consumption of 
dehumidifiers; however, manufacturers are required to use the test 
procedure set forth in appendix X1 to make any representations related 
to standby mode and off mode energy consumption.

II. Discussion

    Manufacturers may currently test dehumidifiers using the test 
procedure set forth in either appendix X or appendix X1 to determine 
compliance with the existing energy conservation standards and to make 
representations related to active mode energy consumption. Although the 
version of ANSI/AHAM Standard DH-1 referenced in the test requirements 
set forth in appendix X for measuring energy use in active mode is not 
specified, DOE believes, based on its observations, that manufacturers 
and test laboratories typically use the current version, ANSI/AHAM DH-
1-2008, when testing to determine compliance with the existing 
dehumidifier energy conservation standards. DOE further notes that this 
current version of ANSI/AHAM DH-1 is required to be used for other 
industry testing purposes, such as for the AHAM dehumidifier 
verification program.\2\ AHAM is also approved by the EPA to administer 
verification testing for purposes of the ENERGY STAR program.
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    \2\ Under section 4.1 of AHAM's ``Dehumidifier Certification 
Program Procedural Guide, January 2006'' dehumidifier water removal 
capacity and EF must be certified in accordance with the latest 
edition of ANSI/AHAM DH-1.
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    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

[[Page 62491]]

affiliates, it employs less than a threshold number of workers 
specified in 13 CFR part 121. These size standards and codes are 
established by the North American Industry Classification System 
(NAICS). The threshold number for NAICS classification code 335211, 
``Electric Housewares and Household Fan Manufacturing,'' which applies 
to dehumidifier manufacturers, is 750 employees.
    Most of the manufacturers supplying residential dehumidifiers are 
large multinational corporations. DOE surveyed the AHAM member 
directory to identify manufacturers of residential dehumidifiers. DOE 
then consulted publicly-available data, purchased company reports from 
vendors such as Dun and Bradstreet, and contacted manufacturers, where 
needed, to determine if they meet the SBA's definition of a ``small 
business manufacturing facility'' and have their manufacturing 
facilities located within the United States. Based on this analysis, 
DOE identified five small businesses that manufacture residential 
dehumidifiers.
    Today's proposal would amend DOE's test procedures for 
dehumidifiers by requiring an updated reference to the industry 
dehumidifier test method. This amendment could potentially require 
manufacturers to install a larger test chamber and different air 
handling equipment. However, some manufacturers may already be using 
ANSI/AHAM DH-1-2008 in certifying their products. DOE notes that one of 
the small businesses has products listed in AHAM's current dehumidifier 
database of verified products, indicating that those tests were 
conducted according to DH-1-2008. In addition, AHAM selected an 
independent test laboratory to conduct dehumidifier testing and 
verification for its certification program using DH-1-2008. It is 
likely that this laboratory also performs testing for manufacturers to 
determine compliance with energy conservation standards in the same 
facility as the AHAM verification testing. Therefore, DOE concludes 
that small businesses would not be likely to require investments in 
facility upgrades due to the requirement to use the DOE dehumidifier 
test procedure that references DH-1-2008.
    For these reasons, DOE concludes and certifies that today's 
proposal would not have a significant economic impact on a substantial 
number of small entities. Accordingly, DOE has not prepared a 
regulatory flexibility analysis for this rulemaking. DOE will transmit 
the certification and supporting statement of factual basis to the 
Chief Counsel for Advocacy of the SBA for review under 5 U.S.C. 605(b).

C. Review Under the Paperwork Reduction Act of 1995

    Manufacturers of residential dehumidifiers must certify to DOE that 
their products comply with any applicable energy conservation 
standards. In certifying compliance, manufacturers must test their 
products according to the DOE test procedures for dehumidifiers, 
including any amendments adopted for those test procedures. DOE has 
established regulations for the certification and recordkeeping 
requirements for all covered consumer products and commercial 
equipment, including residential dehumidifiers. (76 FR 12422 (March 7, 
2011)) The collection-of-information requirement for the certification 
and recordkeeping is subject to review and approval by OMB under the 
Paperwork Reduction Act (PRA). This requirement has been approved by 
OMB under OMB control number 1910-1400. Public reporting burden for the 
certification is estimated to average 20 hours per response, including 
the time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

    In this proposed rule, DOE proposes test procedure amendments that 
it expects will be used to develop and implement future energy 
conservation standards for residential dehumidifiers. DOE has 
determined that this rule falls into a class of actions that are 
categorically excluded from review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's implementing 
regulations at 10 CFR part 1021. Specifically, this proposed rule would 
amend the existing test procedures without affecting the amount, 
quality or distribution of energy usage, and, therefore, would not 
result in any environmental impacts. Thus, this rulemaking is covered 
by Categorical Exclusion A5 under 10 CFR part 1021, subpart D, which 
applies to any rulemaking that interprets or amends an existing rule 
without changing the environmental effect of that rule. Accordingly, 
neither an environmental assessment nor an environmental impact 
statement is required.

E. Review Under Executive Order 13132

    Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 
1999), imposes certain requirements on agencies formulating and 
implementing policies or regulations that preempt State law or that 
have Federalism implications. The Executive Order requires agencies to 
examine the constitutional and statutory authority supporting any 
action that would limit the policymaking discretion of the States and 
to carefully assess the necessity for such actions. The Executive Order 
also requires agencies to have an accountable process to ensure 
meaningful and timely input by State and local officials in the 
development of regulatory policies that have Federalism implications. 
On March 14, 2000, DOE published a statement of policy describing the 
intergovernmental consultation process it will follow in the 
development of such regulations. (65 FR 13735) DOE has examined this 
proposed rule and has determined that it would not have a substantial 
direct effect on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. EPCA governs 
and prescribes Federal preemption of State regulations as to energy 
conservation for the products that are the subject of today's proposed 
rule. States can petition DOE for exemption from such preemption to the 
extent, and based on criteria, set forth in EPCA. (42 U.S.C. 6297(d)) 
No further action is required by Executive Order 13132.

F. Review Under Executive Order 12988

    Regarding the review of existing regulations and the promulgation 
of new regulations, section 3(a) of Executive Order 12988, ``Civil 
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal 
agencies the general duty to adhere to the following requirements: (1) 
Eliminate drafting errors and ambiguity; (2) write regulations to 
minimize litigation; (3) provide a clear legal standard for affected 
conduct rather than a general standard; and (4) promote simplification 
and burden reduction. Section 3(b) of Executive Order 12988 
specifically requires that Executive agencies make every reasonable 
effort to ensure that the regulation: (1) clearly specifies the 
preemptive effect, if any; (2) clearly specifies any effect on existing 
Federal law or regulation; (3) provides a clear

[[Page 62492]]

legal standard for affected conduct while promoting simplification and 
burden reduction; (4) specifies the retroactive effect, if any; (5) 
adequately defines key terms; and (6) addresses other important issues 
affecting clarity and general draftsmanship under any guidelines issued 
by the Attorney General. Section 3(c) of Executive Order 12988 requires 
Executive agencies to review regulations in light of applicable 
standards in sections 3(a) and 3(b) to determine whether they are met 
or it is unreasonable to meet one or more of them. DOE has completed 
the required review and determined that, to the extent permitted by 
law, the proposed rule meets the relevant standards of Executive Order 
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
requires each Federal agency to assess the effects of Federal 
regulatory actions on State, local, and Tribal governments and the 
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531). 
For a proposed regulatory action likely to result in a rule that may 
cause the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year (adjusted annually for inflation), section 202 of UMRA requires a 
Federal agency to publish a written statement that estimates the 
resulting costs, benefits, and other effects on the national economy. 
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to 
develop an effective process to permit timely input by elected officers 
of State, local, and Tribal governments on a proposed ``significant 
intergovernmental mandate,'' and requires an agency plan for giving 
notice and opportunity for timely input to potentially affected small 
governments before establishing any requirements that might 
significantly or uniquely affect small governments. On March 18, 1997, 
DOE published a statement of policy on its process for 
intergovernmental consultation under UMRA. (62 FR 12820; also available 
at http://energy.gov/gc/office-general-counsel) DOE examined today's 
proposed rule according to UMRA and its statement of policy and 
determined that the rule contains neither an intergovernmental mandate, 
nor a mandate that may result in the expenditure of $100 million or 
more in any year, so these requirements do not apply.

H. Review Under the Treasury and General Government Appropriations Act, 
1999

    Section 654 of the Treasury and General Government Appropriations 
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family 
Policymaking Assessment for any rule that may affect family well-being. 
This rule would not have any impact on the autonomy or integrity of the 
family as an institution. Accordingly, DOE has concluded that it is not 
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

    DOE has determined, under Executive Order 12630, ``Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights,'' 53 FR 8859 (March 18, 1988), that this regulation would not 
result in any takings that might require compensation under the Fifth 
Amendment to the U.S. Constitution.

J. Review Under Treasury and General Government Appropriations Act, 
2001

    Section 515 of the Treasury and General Government Appropriations 
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most 
disseminations of information to the public under guidelines 
established by each agency pursuant to general guidelines issued by 
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and 
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has 
reviewed today's proposed rule under the OMB and DOE guidelines and has 
concluded that it is consistent with applicable policies in those 
guidelines.

K. Review Under Executive Order 13211

    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355 
(May 22, 2001), requires Federal agencies to prepare and submit to OMB, 
a Statement of Energy Effects for any proposed significant energy 
action. A ``significant energy action'' is defined as any action by an 
agency that promulgated or is expected to lead to promulgation of a 
final rule, and that: (1) Is a significant regulatory action under 
Executive Order 12866, or any successor order; and (2) is likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy; or (3) is designated by the Administrator of OIRA as a 
significant energy action. For any proposed significant energy action, 
the agency must give a detailed statement of any adverse effects on 
energy supply, distribution, or use should the proposal be implemented, 
and of reasonable alternatives to the action and their expected 
benefits on energy supply, distribution, and use.
    Today's regulatory action to amend the test procedure for measuring 
the energy efficiency of residential dehumidifiers is not a significant 
regulatory action under Executive Order 12866. Moreover, it would not 
have a significant adverse effect on the supply, distribution, or use 
of energy, nor has it been designated as a significant energy action by 
the Administrator of OIRA. Therefore, it is not a significant energy 
action, and, accordingly, DOE has not prepared a Statement of Energy 
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of 
1974

    Under section 301 of the Department of Energy Organization Act 
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the 
Federal Energy Administration Act of 1974, as amended by the Federal 
Energy Administration Authorization Act of 1977 (FEAA). (15 U.S.C. 788; 
FEAA) Section 32 essentially provides in relevant part that, where a 
proposed rule authorizes or requires use of commercial standards, the 
notice of proposed rulemaking must inform the public of the use and 
background of such standards. In addition, section 32(c) requires DOE 
to consult with the Attorney General and the Chairman of the Federal 
Trade Commission (FTC) concerning the impact of the commercial or 
industry standards on competition.

IV. Public Participation

    DOE will accept comments, data, and information regarding this 
proposed rule before or after the public meeting, but no later than the 
date provided in the DATES section at the beginning of this proposed 
rule. Interested parties may submit comments using any of the methods 
described in the ADDRESSES section at the beginning of this notice.
    Submitting comments via regulations.gov. The regulations.gov Web 
page will require you to provide your name and contact information. 
Your contact information will be viewable to DOE Building Technologies 
staff only. Your contact information will not be publicly viewable 
except for your first and last names, organization name (if any), and 
submitter representative name (if any). If your comment is not 
processed properly because of technical difficulties, DOE will use this 
information to contact you. If DOE cannot read your comment due to 
technical difficulties and cannot contact

[[Page 62493]]

you for clarification, DOE may not be able to consider your comment.
    However, your contact information will be publicly viewable if you 
include it in the comment or in any documents attached to your comment. 
Any information that you do not want to be publicly viewable should not 
be included in your comment, nor in any document attached to your 
comment. Persons viewing comments will see only first and last names, 
organization names, correspondence containing comments, and any 
documents submitted with the comments.
    Do not submit to regulations.gov information for which disclosure 
is restricted by statute, such as trade secrets and commercial or 
financial information (hereinafter referred to as Confidential Business 
Information (CBI)). Comments submitted through regulations.gov cannot 
be claimed as CBI. Comments received through the Web site will waive 
any CBI claims for the information submitted. For information on 
submitting CBI, see the Confidential Business Information section.
    DOE processes submissions made through regulations.gov before 
posting. Normally, comments will be posted within a few days of being 
submitted. However, if large volumes of comments are being processed 
simultaneously, your comment may not be viewable for up to several 
weeks. Please keep the comment tracking number that regulations.gov 
provides after you have successfully uploaded your comment.
    Submitting comments via email, hand delivery, or mail. Comments and 
documents submitted via email, hand delivery, or mail also will be 
posted to regulations.gov. If you do not want your personal contact 
information to be publicly viewable, do not include it in your comment 
or any accompanying documents. Instead, provide your contact 
information on a cover letter. Include your first and last names, email 
address, telephone number, and optional mailing address. The cover 
letter will not be publicly viewable as long as it does not include any 
comments.
    Include contact information each time you submit comments, data, 
documents, and other information to DOE. If you submit via mail or hand 
delivery, please provide all items on a CD, if feasible. It is not 
necessary to submit printed copies. No facsimiles (faxes) will be 
accepted.
    Comments, data, and other information submitted to DOE 
electronically should be provided in PDF (preferred), Microsoft Word or 
Excel, WordPerfect, or text (ASCII) file format. Provide documents that 
are not secured, written in English and free of any defects or viruses. 
Documents should not contain special characters or any form of 
encryption and, if possible, they should carry the electronic signature 
of the author.
    Campaign form letters. Please submit campaign form letters by the 
originating organization in batches of between 50 to 500 form letters 
per PDF or as one form letter with a list of supporters' names compiled 
into one or more PDFs. This reduces comment processing and posting 
time.
    Confidential Business Information. According to 10 CFR 1004.11, any 
person submitting information that he or she believes to be 
confidential and exempt by law from public disclosure should submit via 
email, postal mail, or hand delivery two well-marked copies: one copy 
of the document marked confidential including all the information 
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted. 
Submit these documents via email or on a CD, if feasible. DOE will make 
its own determination about the confidential status of the information 
and treat it according to its determination.
    Factors of interest to DOE when evaluating requests to treat 
submitted information as confidential include: (1) A description of the 
items; (2) whether and why such items are customarily treated as 
confidential within the industry; (3) whether the information is 
generally known by or available from other sources; (4) whether the 
information has previously been made available to others without 
obligation concerning its confidentiality; (5) an explanation of the 
competitive injury to the submitting person which would result from 
public disclosure; (6) when such information might lose its 
confidential character due to the passage of time; and (7) why 
disclosure of the information would be contrary to the public interest.
    It is DOE's policy that all comments may be included in the public 
docket, without change and as received, including any personal 
information provided in the comments (except information deemed to be 
exempt from public disclosure).

V. Approval of the Office of the Secretary

    The Secretary of Energy has approved publication of this proposed 
rule.

List of Subjects in 10 CFR Part 430

    Administrative practice and procedure, Confidential business 
information, Energy conservation, Household appliances, Imports, 
Incorporation by reference, Intergovernmental relations, Small 
businesses.

    Issued in Washington, DC, on September 30, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

    For the reasons stated in the preamble, DOE is proposing to amend 
part 430 of chapter II of title 10, Code of Federal Regulations as set 
forth below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

    Authority:  42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Section 430.23 is amended by revising paragraph (z) to read as 
follows:

Sec.  430.23  Test procedures for the measurement of energy and water 
consumption.

* * * * *
    (z) Dehumidifiers. (1) When measuring the energy factor for 
dehumidifiers (see the note at the beginning of appendix X), expressed 
in liters per kilowatt hour (L/kWh), energy factor shall be measured in 
accordance with section 4.1 of appendix X to this subpart.
    (2) When measuring the integrated energy factor for dehumidifiers 
(see the note at the beginning of appendix X), expressed in L/kWh, 
integrated energy factor shall be determined according to paragraph 5.2 
of appendix X to this subpart.
* * * * *

Appendix X to Subpart B of Part 430--[Removed]

0
3. Appendix X to subpart B of part 430 is removed.

Appendix X1 to Subpart B of Part 430--[Redesignated as Appendix X]

0
4. Appendix X1 to subpart B of part 430 is amended by redesignating 
Appendix X1 as Appendix X and revising the heading and note after the 
heading for newly redesignated Appendix X to read as follows:

Appendix X to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Dehumidifiers

    Note: After [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE 
IN THE Federal Register], any representations

[[Page 62494]]

made with respect to the energy use or efficiency of dehumidifiers 
must be made in accordance with the results of testing pursuant to 
this appendix. After this date, if a manufacturer elects to make 
representations with regard to standby mode and off mode energy 
consumption, then testing must also include the provisions of this 
appendix related to standby mode and off mode energy consumption.
    Manufacturers conducting tests of dehumidifiers after [DATE 30 
DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal Register] 
and prior to [DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN 
THE Federal Register], must conduct such test in accordance with 
either this appendix or appendix X as it appeared at 10 CFR part 
430, subpart B, appendix X, in the 10 CFR parts 200 to 499 edition 
revised as of January 1, 2013. Any representations made with respect 
to the energy use or efficiency of such dehumidifiers must be in 
accordance with whichever version is selected. Given that after 
[DATE 180 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE Federal 
Register] representations with respect to the energy use or 
efficiency of dehumidifiers must be made in accordance with tests 
conducted pursuant to this appendix, manufacturers may wish to begin 
using this test procedure as soon as possible.
    On or after the compliance date for any amended energy 
conservation standards that incorporate standby mode and off mode 
energy consumption, all representations must be based on testing 
performed in accordance with this appendix in its entirety.
* * * * *
[FR Doc. 2013-24597 Filed 10-21-13; 8:45 am]
BILLING CODE 6450-01-P
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