[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59790-59791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18529]


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DEPARTMENT OF ENERGY

10 CFR Part 430

[EERE-2017-BT-TP-0012]
RIN 1904-AD47


Energy Conservation Program: Test Procedure for Room Air 
Conditioners

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

ACTION: Correcting amendments.

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SUMMARY: On March 29, 2021, the U.S. Department of Energy (``DOE'') 
published a final rule that amended the test procedure for room air 
conditioners (``room ACs''). This document corrects errors in the 
amended regulatory text as it appeared in the March 2021 final rule. 
Neither the errors nor the corrections in this document affect the 
substance of the rulemaking or any conclusions reached in support of 
the final rule.

DATES: Effective August 30, 2023.

FOR FURTHER INFORMATION CONTACT: 
    Mr. Lucas Adin, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Office, EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-5904. Email: <a href="/cdn-cgi/l/email-protection#fabb8a8a96939b94999fa98e9b949e9b889e89ab8f9f898e93959489ba9f9fd49e959fd49d958c"><span class="__cf_email__" data-cfemail="83c2f3f3efeae2ede0e6d0f7e2ede7e2f1e7f0d2f6e6f0f7eaecedf0c3e6e6ade7ece6ade4ecf5">[email protected]</span></a>.
    Ms. Sarah Butler, U.S. Department of Energy, Office of the General 
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121. 
Telephone: (202) 586-1777. Email: <a href="/cdn-cgi/l/email-protection#e6958794878ec88493928a8394a68e97c8828983c8818990"><span class="__cf_email__" data-cfemail="4b382a392a2365293e3f272e390b233a652f242e652c243d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    DOE published a final rule in the Federal Register on March 29, 
2021, amending the procedure for room ACs at title 10 of the Code of 
Federal Regulations (``CFR''), part 430, subpart B, appendix F 
(``appendix F''). 86 FR 16446. Since publication of the final rule, DOE 
identified errors in the regulatory text for the room AC test 
procedure. The first identified error in the regulatory text is in 
section 4.2.1 of appendix F, which states, ``If the unit has an 
inactive mode, as defined in section 2.14 of this appendix, as defined 
in section 2.17 of this appendix, measure and record the average 
inactive mode power, Pia, in watts.'' Since the term ``inactive mode'' 
is defined in section 2.14, the phrase ``as defined in section 2.17'' 
is erroneous and should be removed from that sentence. The second error 
is in section 5.3.6, in which the term ``AEC<INF>ia/om</INF>'' is 
defined to mean ``annual energy consumption in inactive mode of off 
mode, in kWh/year, determined in section 5.1 of this appendix.'' 
Section 5.1 correctly defines ``AEC<INF>ia/om</INF>'' as annual energy 
consumption in inactive mode and off mode. Thus, the definition in 
section 5.3.6 should read ``annual energy consumption in inactive mode 
and off mode, in kWh/year, determined in section 5.1 of this 
appendix.'' Similarly, the definition for ``AEC<INF>ia/om</INF>'' in 
sections 5.2.2 and 5.3.7 should also read ``annual energy consumption 
in inactive mode and off mode, in kWh/year, determined in section 5.1 
of this appendix.''

II. Need for Correction

    As published, the regulatory text in the March 2021 final rule may 
result in confusion as to the meaning of these terms and the references 
to provisions elsewhere in the test procedure. Because this final rule 
would simply correct errors in the text without making substantive 
changes in the March 2021 final rule, the changes addressed in this 
document are technical in nature.

III. Procedural Issues and Regulatory Review

    DOE has concluded that the determinations made pursuant to the 
various procedural requirements applicable to the March 2021 final rule 
remain unchanged for this final rule technical correction. These 
determinations are set forth in the March 2021 final rule. 86 FR 16446, 
16472.
    Pursuant to the Administrative Procedure Act, 5 U.S.C. 
553(b)(3)(B), DOE finds that there is good cause to not issue a 
separate notice to solicit public comment on the changes contained in 
this document. Issuing a separate notice to solicit public comment 
would be impracticable, unnecessary, and contrary to the public

[[Page 59791]]

interest. Neither the errors nor the corrections in this document 
affect the substance of the March 2021 final rule or any of the 
conclusions reached in support of the final rule. Providing prior 
notice and an opportunity for public comment on correcting objective, 
typographical errors that do not change the substance of the test 
procedure serves no useful purpose.
    Further, this rule correcting a regulatory text error makes non-
substantive changes to the test procedure. As such, this rule is not 
subject to the 30-day delay in effective date requirement of 5 U.S.C. 
553(d) otherwise applicable to rules that make substantive changes.

List of Subjects in 10 CFR Part 430

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

Signing Authority

    This document of the Department of Energy was signed on August 23, 
2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for 
Energy Efficiency and Renewable Energy, pursuant to delegated authority 
from the Secretary of Energy. That document with the original signature 
and date is maintained by DOE. For administrative purposes only, and in 
compliance with requirements of the Office of the Federal Register, the 
undersigned DOE Federal Register Liaison Officer has been authorized to 
sign and submit the document in electronic format for publication, as 
an official document of the Department of Energy. This administrative 
process in no way alters the legal effect of this document upon 
publication in the Federal Register.

    Signed in Washington, DC, on August 23, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.

    For the reasons stated in the preamble, DOE corrects part 430 of 
chapter II, subchapter D, of title 10 of the Code of Federal 
Regulations by making the following correcting amendments:

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. Amend Appendix F to subpart B of part 430 by:
0
a. Revising section 4.2.1;
0
b. In section 5.2.2, revising the definitions of 
``AEC<INF>ia/om</INF>'';
0
c. In section 5.3.6, revising the definitions of 
``AEC<INF>ia/om</INF>''; and
0
d. In section 5.3.7, revising the definitions of 
``AEC<INF>ia/om</INF>''.
    The revisions read as follows:

Appendix F to Subpart B of Part 430--Uniform Test Method for Measuring 
the Energy Consumption of Room Air Conditioners

* * * * *
    4. * * *
    4.2 * * *
    4.2.1 If the unit has an inactive mode, as defined in section 
2.14 of this appendix, measure and record the average inactive mode 
power, Pia, in watts.
* * * * *
    5. * * *
    5.2 * * *
    5.2.2 * * *
    AEC<INF>ia/om</INF> = annual energy consumption in inactive mode 
and off mode, in kWh/year, determined in section 5.1 of this 
appendix.
* * * * *
    5.3 * * *
* * * * *
    5.3.6 * * *
    AEC<INF>ia/om</INF> = annual energy consumption in inactive mode 
and off mode, in kWh/year, determined in section 5.1 of this 
appendix.
* * * * *
    5.3.7 * * *
    AEC<INF>ia/om</INF> = annual energy consumption in inactive mode 
and off mode, in kWh/year, determined in section 5.1 of this 
appendix.
* * * * *
[FR Doc. 2023-18529 Filed 8-29-23; 8:45 am]
BILLING CODE 6450-01-P


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