7366 Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

kiwifruit industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the July 11, 2013, 

meeting was a public meeting. All 

entities, both large and small, were able 

to express views on this issue. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189. No 

changes in those requirements as a 

result of this action are anticipated. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California 

kiwifruit handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

November 22, 2013. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: 

http://www.regulations.gov/#!document

Detail;D=AMS_FRDOC_0001-1100. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, and 

13563; the Paperwork Reduction Act (44 

U.S.C. Chapter 35); and the E-Gov Act 

(44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 62959, October 23, 

2013), will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

Accordingly, the interim rule 

amending 7 CFR part 920, which was 

published at 78 FR 62959 on October 

23, 2013, is adopted as final without 

change. 

Dated: January 31, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–02648 Filed 2–6–14; 8:45 am] 

BILLING CODE 3410–02–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: Final rule. 

SUMMARY: The Department of Energy 

(DOE) is issuing a final rule that will 

require manufacturers to test 

dehumidifiers using the active mode 

provisions in the test procedure for 

dehumidifiers currently found in DOE 

regulations to determine compliance 

with the existing energy conservation 

standards. The appendix in its entirety 

will 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 

amendments in this final rule modify 

the compliance dates to allow use of the 

ANSI/AHAM DH–1–2008 in the near 

term. 

DATES: The effective date of this rule is 

March 10, 2014. The incorporation by 

reference of certain publications listed 

in the rule is approved by the Director 

of the Federal Register as of March 10, 

2014. 

ADDRESSES: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/

materials, is available for review at 

regulations.gov. All documents in the 

docket are listed in the regulations.gov 

index. However, some documents listed 

in the index, such as those containing 

information that is exempt from public 

disclosure, may not be publicly 

available. 

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 rule on the 

regulations.gov site. The regulations.gov 

Web page will contain simple 

instructions on how to access all 

documents, including public comments, 

in the docket. 

For further information on how to 

review 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. Email: 

dehumidifiers@ee.doe.gov. 

Elizabeth Kohl, U.S. Department of 

Energy, Office of the General Counsel, 

GC–71, 1000 Independence Avenue 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–7796. Email: 

elizabeth.kohl@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 

M. Congressional Notification 

IV. 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), Public Law 

112–210 (Dec. 18, 2012).) Part B of title 

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Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations 7367 

1For more information, please visit http://

www.energystar.gov/. 

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 rule. 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. DOE must 

use the test procedures to ensure 

compliance with DOE’s energy 

conservation standards. 42 U.S.C. 

6295(s) 

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 must 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)) 

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 specify 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, 

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. 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. 

On October 22, 2013, DOE published 

a NOPR (‘‘October 2013 NOPR’’) 

proposing to require manufacturers to 

test using the active mode provisions in 

appendix X1 to determine compliance 

with the existing energy conservation 

standards. DOE determined that the 

active mode provisions of appendix X1 

are the functional equivalent of the 

active mode provisions of appendix X. 

In addition, appendix X1 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 that 

incorporate standby mode or off mode 

energy use, to demonstrate compliance 

with those standards. In addition, 30 

days after publication of the final rule 

in the Federal Register, the existing 

appendix X would be removed from the 

Federal Register, and appendix X1 

would be re-designated as appendix X. 

78 FR 62488 (Oct. 22, 2013). 

II. Discussion 

In the October 2013 NOPR, DOE 

stated that although manufacturers may 

currently test dehumidifiers using the 

test procedure set forth in either 

appendix X or appendix X1 to 

determine compliance with existing 

energy conservation standards and to 

make representations related to active 

mode energy consumption, DOE 

believes that manufacturers and test 

laboratories typically use ANSI/AHAM 

DH–1–2008 for such purposes, 

consistent with the requirements of 

appendix X1. DOE further noted that the 

use of the 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, and at this time ANSI/AHAM 

DH–1–2008 is the current version. In 

addition, appendix X is functionally 

equivalent to the active mode provisions 

of appendix X1. 78 FR 62488, 62488 

(Oct. 22, 2013). 

Therefore, DOE proposed in the 

October 2013 NOPR that, as of 30 days 

after publication of the final rule, 

manufacturers would demonstrate 

compliance with existing energy 

conservation standards using appendix 

X1 (re-designated as appendix X) and 

that appendix X would no longer be 

used and would be removed from the 

Federal Register. DOE also proposed to 

clarify that, to preclude unnecessary 

testing burden, 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 

existing standards. Manufacturers 

would have 180 additional days to make 

any changes needed to representations, 

including labels, certification reports, 

marketing materials, etc., although DOE 

did not expect any modifications would 

be needed because the proposal would 

not change measured energy 

consumption. Finally, DOE proposed 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 (re-designated as appendix 

X), and IEF, when measured, be 

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7368 Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations 

2A notation in the form ‘‘AHAM, No. 2 at p. 2’’ 

identifies a written comment: (1) Made by the 

Association of Home Appliance Manufacturers; (2) 

recorded in document number 2 that is filed in the 

docket of the residential dehumidifier test 

procedure rulemaking (Docket No. EERE–2013– 

BT–TP–0044) and available for review at 

www.regulations.gov; and (3) which appears on 

page 2 of document number 2. 

determined according to appendix X1 

(re-designated as appendix X) in its 

entirety. Id. 

In response to the October 2013 

NOPR, AHAM expressed support for 

DOE’s proposal to require the use of the 

active mode provisions of appendix X1 

to determine compliance with existing 

energy conservation standards. 

According to AHAM, current practice is 

to test according to ANSI/AHAM DH–1– 

2008. In addition, AHAM agreed that 

appendix X is functionally equivalent to 

the active mode provisions of appendix 

X1, and that the proposal would not be 

expected to cause changes in measured 

dehumidifier energy efficiency. (AHAM, 

No. 2 at p. 2) 2 AHAM also submitted 

suggested clarifications to the active 

mode provisions in appendix X1 related 

to control settings and psychrometer 

requirements. DOE will address such 

proposals in a separate rulemaking. In 

consideration of this support and for the 

reasons discussed previously, DOE 

adopts in this final rule the amendments 

that were proposed in the October 2013 

NOPR. 

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 (OMB). 

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 final rule under 

the provisions of the Regulatory 

Flexibility Act and the procedures and 

policies published on February 19, 

2003. DOE has concluded that the rule 

will 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 

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 final rule amends DOE’s test 

procedures for dehumidifiers by 

requiring use of the procedures at 

appendix XI (re-designated as appendix 

X), which DOE understands is 

consistent with current industry 

practice. These procedures require use 

of an updated industry dehumidifier 

test method, which may potentially 

require manufacturers to install a larger 

test chamber and different air handling 

equipment. However, many 

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 concluded in 

the October 2012 final rule that 

established these procedures that small 

businesses will 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 final rule requiring 

earlier use of these procedures, 

consistent with current industry 

practice, will 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 has transmitted 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 

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 

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Federal Register / Vol. 79, No. 26 / Friday, February 7, 2014 / Rules and Regulations 7369 

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 final rule, DOE amends its test 

procedure for 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 rule amends an 

existing rule without affecting the 

amount, quality or distribution of 

energy usage, and, therefore, will 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 

examined this final rule and determined 

that it will 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 final 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 

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, this final 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 

regulatory action resulting 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 final 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. 

Today’s final rule will 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 

will 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 final rule under the OMB and 

DOE guidelines and has concluded that 

it is consistent with applicable policies 

in those guidelines. 

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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 

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 significant energy 

action, the agency must give a detailed 

statement of any adverse effects on 

energy supply, distribution, or use if the 

regulation is implemented, and of 

reasonable alternatives to the action and 

their expected benefits on energy 

supply, distribution, and use. 

Today’s regulatory action 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. (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. DOE required the use of a 

commercial standard (DH–1–2008) in 

the October 2012 final rule. This rule 

requires earlier use of the October 2012 

test procedures in this rulemaking, but 

does not require the use of a commercial 

standard, so these requirements do not 

apply. 

M. Congressional Notification 

As required by 5 U.S.C. 801, DOE will 

report to Congress on the promulgation 

of today’s rule before its effective date. 

The report will state that it has been 

determined that the rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

IV. Approval of the Office of the 

Secretary 

The Secretary of Energy has approved 

publication of this final 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 January 29, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

For the reasons stated in the 

preamble, DOE amends 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. 

§ 430.3 [Amended] 

■ 2. Section 430.3 is amended by 

removing ‘‘X1’’ from paragraphs (h)(1) 

and (o)(4) and adding ‘‘X’’ in its place. 

■ 3. 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 to this 

subpart), 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 to 

this subpart), 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] 

■ 4. Appendix X to subpart B of part 430 

is removed. 

Appendix X1 to Subpart B of Part 430— 

[Redesignated as Appendix X] 

■ 5. Appendix X1 to subpart B of part 

430 is redesignated as appendix X. 

■ 6. Redesignated appendix X to subpart 

B of part 430 is amended by revising the 

Note after the heading to read as 

follows: 

Appendix X to Subpart B of Part 430– 

Uniform Test Method for Measuring the 

Energy Consumption of Dehumidifiers 

Note: After August 6, 2014, any 

representations 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. 

* * * * * 

[FR Doc. 2014–02355 Filed 2–6–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2013–0942; Special 

Conditions No. 25–515–SC] 

Special Conditions: Bombardier 

Aerospace Inc., Models BD–500–1A10 

and BD–500–1A11 Series Airplanes; 

Autobraking System Loads 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Bombardier Aerospace 

Inc. Models BD–500–1A10 and BD– 

500–1A11 series airplanes. These 

airplanes will have novel or unusual 

design features associated with the 

autobraking system for use during 

landing. The applicable airworthiness 

regulations do not contain adequate or 

appropriate safety standards for this 

design feature. These special conditions 

contain the additional safety standards 

that the Administrator considers 

necessary to establish a level of safety 

mstockstill on DSK4VPTVN1PROD with RULES