7582 Federal Register / Vol. 51, No. 43 / Wednesday, March 5, 1986 / Proposed Rules

SUPPLEMENTARY INFORMATION:

The Energy Conservation Program for

Consumer Products was established

pursuant to the Energy Policy and

Conservation Act (EPCA) (Pub. L. 94-

163, 87 Stat. 917), as amended by the

National Energy Conservation Policy

Act (NECPA) (Pub. L. 95-619, 92 Stat.

3266), which requires DOE to establish

energy efficiency standards that are

designed to achieve the maximum

improvement in energy efficiency that is

technologically feasible and

economically justified. Section 325 (a)(1)

and (c). The Act provides, however, that

no standard is to be established if there

is no procedure for the product; or if

DOE determines by rule either that a

standard would not result in significant

conservation of energy or that a

standard is not technologically feasible

or economically justified. Section 325(b).

Section 327 of the Act addresses the

effect of Federal rules concerning

testing, labeling, and standards on State

laws or regulations concerning such

matters. Generally, all such State laws

DEPARTMENT OF ENERGY or regulations are superseded by the

Federal rule. Section 327(a). A rule by

Office of Conservation and DOE that an efficiency standard is not

Renewable Energy c4s technologically feasible, economically

rlZ^ - - 0(j justified, or likely to save significant

10 CFR Part 430 amounts of energy would be a rule that

Energy CPfor

supersedes any State standard. Section

En

Consumer

e gy Conservation

o Products;

Program

Aprogra pliance

325(b). A State whose energy efficiency

Standards

standard would be superseded,

however, may petition the Department

AGENCY: Conservation and Renewable fora rule that it not be superseded.

DOE Section 327(b)(3). Energy,

On December 1.q- 1982I DOE issued a

ACTtQN:Proposed Rules; Withdrawal final rule with respect to two covered

and Termination. products, clothes dryers, and kitchen

SUMMARY: Today's notice withdraws ranges and ovens. 47 FR 57198

and terminates the U.S. Department of (December 27- 1982). (Hereafter referred

Energy rulemakings to prescribe energy to as the December 1982 rule:) With

efficiency standards for dishwashers, respect to both products. DOE

television sets, clothes washers and determined that a standard would not'

humidifiers and dehumidifiers, and to result in significant conservation of

grant State petitions for exemptions energy and would not be economically'

from Federal preemption of State or justified. The December 1982 rule also

local energy efficiency standards. established procedures governing

petitions

DATE: This withdrawal and termination to DOE by States to obtain

is effective March

withdrawal and from preemption of State or

5, i9a& local energy efficiency standards. On

FOR FURTHER INFORMATION CONTACT: August 25, 1983, DOE issued a final rule

Michael ). McCabe, U.S. Department of with respect to six further covered

Energy. Office of Conservation and products: Refrigerators and refrigerator=

Renewable Energy, Mail Station CE- freezers, freezers, water heaters,

132, Forrestal Building, 1000 furnaces, room air conditioners and

Independence Avenue SW., central' air conditioners. 48 FR 39376

Washington, DC 20585, (202) 252-9127. (August 30, 1983). (Hereafter referred to

Eugene Margolis, Esq., U.S. Department as the August 1983 rule.) For each of the

of Energy. Office of General Counsel, six products covered by the August 1983

Mail Station CE-12, Forrestal Building, rule, except central air conditioners,

1000 Independence Avenue SW., DOE determined that an energy

Washington, DC 20585, (202) 252-9513 efficiency standard would not result in

CAS-RM-79-113 COMMENT 03

7582 Federal Register I Vol. 51, No. 43 I Wednesday. March 5, 1986 , Proposed Rules 

DEPARTMENT OF ENERGY 

SUPPLEMENTARV INFORMATION: 

The Energy Conservation Program for 

Consumer Products was established 

pursuant to the Energy Policy and 

Conservation Act (EPCA) (Pub. L. 94-

163. 87 Stat. 917). as amended by the 

National Energy Conservation Policy 

Act (NECPA) (Pub. L. 95-619, 92 Stat. 

3266j, which requires DOE to establish 

energy efficiency standards that are 

designed to achieve the maximum 

improvement in energy efficiency that is 

technologically feasible and 

economically justified. Section 325 (a)(l) 

and (c). The Act provides. however. that 

no standard is to be established if there 

is no procedure for the product; or if 

DOE determines by rule either that a 

standard would not result in significant 

conservation of energy or that a 

standard is not technologically feasible 

or economically justified. Section 325[b). 

Section 327 of the Act addresses the 

effect of Federal rules concerning 

testing. labeling, and standards on State 

laws or regulations concerning such 

matters. Generally. all such State laws 

or regulations are superseded by the 

FederBl rule. Section 327(a). A rule by 

Office of Conservation and DOE that an efficiency standard is not 

Renewable Energy r t1S -iC. . technologically feasible. economically 

L1"f I /I') - '1i -115 justified. or likely to save significant 

10 CFR Part 430 . amounts of energy would be a rule that 

Enetgy Conservation Program for 

Consumer Products; Appliance 

Standards 

AGENCY: Conservation and Renewable 

Energy. DOE 

. ACTlON:.Pro.poaed Rules; Withdrawal 

and Termination. . 

SUMMARY~ Today's notice withdraws 

and terminates the U.S. Department of 

Energy rulemakings to prescribe energy 

efficiency standards for dishwashers. 

television sets. clothes washers and 

humidifiers and dehumidifiers. and to 

grant State petitions for exemptions 

from Federal preemption of State or local ene1"gy efficiency standards. 

DATE! Thls withdrawal and termination 

is effective Mar~h 5, 1986. 

FOR FURTHER INFORMATION CONTACT: 

Michael J. McCabe, U.S. Department of 

Energy. Office of Conserva tion and 

Renewable Emlrgy. Mail Station CE132, FOlTestal Building. 1000 

Independence Avenue SW .• Washington. DC 20585. (20Z} 252-9127. 

Eugene Margolis, Es4.. U.s. Department 

of Energy, Office of General Counsel, 

Mail Station CE-12. Forrestal Building. 

1000 Independence Avenue SW .. Washington. DC 20585, (202.) 252-9513 

supersedes any State standard. Section 

325(b). A State whose energy efficiency 

standard would be superseded. 

however. may petition the Department 

for a rule that it not be superseded. 

Section 3Z7{b)(3). 

On December 15. 1982. DOE issued a final rule with respect to two covered 

products. clothes dryers, and kitchen 

ranges and oveni. 47 FR 57198 

(December Z2. 1002). (Hereafter referred 

to as the December 1982 rul!'-) Wi th 

respect to both products. DOE 

determined that a standard would not" 

result in significant conservation of 

energy and would not be economically' 

justified. The December 1982 rule also 

established procedures governing 

petitions to DOE by States to obtain 

exemption from preemption of State or 

local energy efficiency standards. On 

Augultt 25.1983. DOE issued a final rule 

with respect to six further covered 

products: Refrigerators and refrigerator~ 

freezers. freezers. water heaters. 

furnaces. room air conditioners and 

central' air conditioners. 48 FR 39376 . (August 30. 1983). (Ijereafter referred to 

as the August 1983 rule.) For each of the 

six products covered by the August 1983 

rule. except central air conditioners. 

DOE determined that an energy 

efficiency standard would not result in 
Federal Register / Vol.. 51, No. 43 / Wednesday, March 5, 1986 / Proposed Rules 7583

significant conservation of energy and

would not be economically justified.

With respect to•central, air conditioners,

DOE found that an energy efficiency

standard would result in a significant

conservation of energy but would not be

economically justified..

On March 15,1985, the Department

issued a proposed rulemaking regarding

energy efficiency standards for

dishwashers, television sets, clothes

washers, and humidifiers and

dehumidifiers. 50 FR 12966 (April 1,

1985). On August a, 1984, DOE proposed

to grant petitions from 26,States

requesting, in each case, that State

efficiency standards pertaining to-one or

more of eight covered products in the

December 1982 and August 1983 rules be

exempted from Federal preemption. 49

FR 32944 (August 17,1984). On.May 3,

1985, DOE proposed. to grant petitions _

from two States, Michigan andhHawaii,

requesting,in each- case, that State

regulations pertaining to the energy use

or energy, efficiency of certain

appliances be exempted from Federal

preemption. 50 FR 21450.(May 24, 1985).

The December 1982 and August 1983

final rules, were challenged in a lawsuit

brought by the Natural Resources

Defense Council (NRDC) and others

against the Department of Energy. The

Court of Appeals granted NRDC's

petition and set aside DOE's December

1982 and August 1983'final rules. NRDC

v. Herrington, 768 F.2d 1355 (D.C. Cir.

1985). Thet.decision having now become

final, the Department is giving notice of

the termination and withdrawal of

affected rulemakings in progress. These

are the proposed rules regarding energy

efficiency standards fordishwashers,

television sets, clothes washers and

humidifiers and dehumidifiers, 50 FR

12966, and the rules proposing to grantthe 26 State petitions, 49 FR 32944, and

the Michigan and Hawaii petitions, 50

21450, for exemption from Federal

preemption of State or local energy

efficiency standards.

List of Subjects in-11) CFR Part 430

Administrative, practice and

procedure, Energy conservation,

Household, appliances.

Issued in Washington..D.C,.F.ehruary 12,

1986.

Donna R. Fitzpatrick,

Assistant Secretary, Conservation and

Renewable Energy. -

[FR Doc. 86-4809.Filed: 3-9--86; 8A5 amj;

BILLING CODE wso-ol-M

CAS-RM-79-113 COMMENT 03

Federal Register l VoL 51, No. 43 I Wednesday, March 5, 1986 l Proposed Rules 

significant conservation of energy I!.nd 

would not be economically justified. 

With respect· tb.central air conditioners, 

DOE found that an energy efficiericy 

tltandard would reflult in a significant 

consenvation of energy but would not be 

economically justified .. 

On March 15, 1985. the Department 

issued a proposed rulemaking regarding 

energy efficiency standards fOJ.: 

dishwashers. television sets, clothes 

waslitlrs, and humidifiers and 

dehumidifiers; 50FR 12966 (April 1, 

1985}. On August a. 1984. DOE proposed 

to grant petitions from 26:8tate8 

requesting. in each case. that State 

efficiency standards pertaining to· one or 

more of eight covered products in the 

December 1982 and August 1983 rules be 

exempted from Federal preemption. 49 

FR 32944 (August 17 •. 1984). On.May 3. 

1985. DOE proposed. to grant petitions _ 

from two States. Michigan andlHawaii. 

requestingjn each. case. that State 

regulations pertaining to the energy use 

or energy, efficiency. of certain 

appliances be exempted from Federal 

preemption. 50 FR 21450.(May 24. 1985}. 

The December 1962 and August1983 

finall!Ules. w.ere challenged in a lawsuit 

brought by the Natural Resources 

Defense Council (NRDC) and others 

against the Department of Energy. The 

Court of Appeals granted NRDC's 

petition and set aside DOE'sDecember 

1962 and. August 196Hinal rules. NRDC 

v. Herrington, 768 F.2d 1"55 (D.C. Cir. 

1985). Thaldecision having now become 

final. the Department is giving notice of 

the termination and withdrawal of 

affected rulemakings in progress. These 

are the proposed rules regarding energy 

efficiency standards fur-dishwashers, 

television sets, clothe9 washers and . 

humidifiers and dehumidifiers. 50 FR 

12966. and the rules proposing to grant· 

the 26 State petitions, 49 FR 32944. and 

the Michigan and Hawaii petitions. 50 

21450, for exemption from Federal 

preemption of State or local energy 

efficiency standards, 

List of Subjjmts in·1iJ,CFR Part 430 

Admihistra tiva practice and 

procedure. Energy cmnserv.a tion, 

Household, appliances. 

Issued in Waahineton •. DG,.Eehruary' 12. 

1986. 

DODDIl!R. Fitzpatrick, 

Assistant secretary. Conservation and 

Renewable Energy, 

[FR Doc. B6-4809.Filed,3-4-86; lil45;amJ: 

BILLING CODE 6450-01-M 

7583