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[Federal Register Volume 77, Number 160 (Friday, August 17, 2012)]
[Proposed Rules]
[Pages 49739-49740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20231]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 77, No. 160 / Friday, August 17, 2012 / 
Proposed Rules

[[Page 49739]]

DEPARTMENT OF ENERGY

10 CFR Parts 429 and 430

[Docket No. EERE-2012- BT-STD-0027]
RIN 1904-AC81

Energy Conservation Standards for Residential Dehumidifiers: 
Public Meeting and Availability of the Framework Document

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

ACTION: Notice of public meeting and availability of the framework 
document.

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SUMMARY: The Department of Energy (DOE) issues a framework document to 
consider whether to amend the energy conservation standards for 
residential dehumidifiers. DOE also announces a public meeting to 
discuss and receive comments on issues that it will address in this 
rulemaking proceeding. DOE is initiating data collection for 
considering amended energy conservation standards for residential 
dehumidifiers. DOE also encourages written comments on potential 
amended standards, including comments on the issues identified in the 
framework document. The framework document, which is intended to inform 
stakeholders and facilitate the rulemaking process, is available at 
http://www1.eere.energy.gov/buildings/appliance_standards/residential/dehumidifiers.html.

DATES: DOE will hold a public meeting on September 24, 2012, from 1 
p.m. to 4 p.m. in Washington, DC. Any person requesting to speak at the 
public meeting should submit such request along with a signed original 
and an electronic copy of the statements to be given at the public 
meeting before 4 p.m., September 10, 2012. Written comments are 
welcome, especially following the public meeting, and should be 
submitted by September 17, 2012.

ADDRESSES: The public meeting will be held at the U.S. Department of 
Energy, Forrestal Building, 8E-089, 1000 Independence Avenue SW., 
Washington, DC 20585-0121. Please note that foreign nationals 
participating in the public meeting are subject to advance security 
screening procedures. If a foreign national wishes to participate in 
the public meeting, please inform DOE of this fact as soon as possible 
by contacting Ms. Brenda Edwards at (202) 586-2945 so that the 
necessary procedures can be completed.
    Stakeholders may submit comments, identified by docket number EERE-
2012- BT-STD-0027 and/or Regulation Identifier Number (RIN) 1904-AC81, 
by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Email: ResDehumidifier2012STD0027@ee.doe.gov. Include 
docket number EERE-2012- BT-STD-0027 and/or RIN 1904-AC81 in the 
subject line of the message.
     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.
     Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department 
of Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite 
600, Washington, DC 20024. Phone: (202) 586-2945. Please submit one 
signed paper original. If possible, please submit all items on a CD. It 
is not necessary to include printed copies.
     Docket: The docket is available for review at http://www.regulations.gov, and will include Federal Register notices, 
framework document, notice of proposed rulemaking, public meeting 
attendee lists and transcripts, comments, and other supporting 
documents/materials throughout the rulemaking process. The docket can 
be accessed by searching for Docket No. EERE-2012- BT-STD-0027 at the 
regulations.gov Web site.
    For further information on how to submit or review public comments 
or view hard copies of the docket in the Resource Room, contact Ms. 
Brenda Edwards at (202) 586-2945 or email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Witkowski, U.S. Department 
of Energy, Office of Energy Efficiency and Renewable Energy, Building 
Technologies, EE-2J, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Phone: (202) 586-7463. Email: 
stephen.witkowski1@ee.doe.gov.
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of General 
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Phone: (202) 586-7796, email: elizabeth.kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction and Legal Authority
II. Test Procedures
III. Energy Conservation Standards

I. Introduction and Legal Authority

    Title III, Part B of the Energy Policy and Conservation Act (EPCA) 
of 1975, Public Law 94-163, (42 U.S.C. 6291-6309), as amended, 
established an energy conservation program for consumer products other 
than automobiles.\1\
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    \1\ Upon codification in the U.S. Code, Part B was re-designated 
Part A for editorial reasons.
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    The Energy Policy Act of 2005 (EPACT 2005), Public Law 109-58, 
amended EPCA to establish energy conservation standards for 
dehumidifiers \2\ manufactured as of October 1, 2007. (Section 
135(c)(4)) EPACT 2005 also required that DOE issue a final rule by 
October 1, 2009, to determine whether these standards should be 
amended. (Id.) Compliance with any amended standards would be required 
for dehumidifiers manufactured as of October 1, 2012. (Id.) In the 
event that DOE did not publish a final rule, EPACT 2005 specified a new 
set of amended standards with a compliance date of October 1, 2012. 
(Id.)
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    \2\ Dehumidifiers are defined as self-contained, electrically 
operated, and mechanically encased assemblies consisting of: (1) A 
refrigerated surface (evaporator) that condenses moisture from the 
atmosphere; (2) a refrigerating system, including an electric motor; 
(3) an air-circulating fan; and (4) a means for collecting or 
disposing of the condensate. (42 U.S.C. 6291(34))
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    DOE issued an Advance Notice of Proposed Rulemaking (ANOPR) to 
consider energy conservation standards for dehumidifiers and other 
products. 72 FR 64432 (Nov. 15, 2007). The Energy Independence and 
Security Act of 2007 (EISA 2007), Public Law 110-140 subsequently 
amended EPCA to prescribe new energy conservation

[[Page 49740]]

standards for dehumidifiers manufactured on or after October 1, 2012. 
DOE codified the EISA 2007 standards at 10 CFR 430.32(v)(2). 74 FR 
12058 (Mar. 23, 2009).
    EPCA also requires that, not later than 6 years after the issuance 
of a final rule establishing or amending a standard, DOE publish a 
notice of proposed rulemaking (NOPR) proposing new standards or a 
notice of determination that the existing standards do not need to be 
amended. (42 U.S.C. 6295(m)(1))

II. Test Procedures

    EPCA specifies that the test procedure for dehumidifiers must be 
based on the U.S. Environmental Protection Agency (EPA)'s test criteria 
used under the ENERGY STAR Program in effect on August 8, 2005, unless 
DOE revises the test procedures. (42 U.S.C. 6293(b)(13)) Those ENERGY 
STAR test criteria require that American National Standards Institute 
(ANSI)/Association of Home Appliance Manufacturers (AHAM) Standard DH-1 
be used to measure capacity in pints of moisture removed per day, while 
Canada's CAN/Canadian Standards Association (CSA)-C749-94 is used to 
calculate the energy factor (EF) in terms of liters of moisture removed 
per kilowatt-hour (kWh). DOE codified the test procedure requirements 
from EPCA for dehumidifiers at 10 CFR part 430 subpart B, appendix X. 
71 FR 71340 (Dec. 8, 2006).
    EPCA requires that DOE amend the test procedures for certain 
residential products, including dehumidifiers, to incorporate measures 
of standby mode and off mode energy use, if technically feasible. DOE 
published a NOPR in which it proposed to incorporate by reference in 
the test procedures for dehumidifiers and other products an 
international test method for measuring standby mode and off mode power 
consumption, International Electrotechnical Commission (IEC) Standard 
62301. 75 FR 75290 (Dec. 2, 2010). DOE subsequently published a 
Supplemental Notice of Proposed Rulemaking (SNOPR) to propose 
referencing the updated version of IEC Standard 62301. 76 FR 58346 
(Sept. 20, 2011). In a second SNOPR, DOE proposed in relevant part to 
measure both capacity and EF for dehumidifiers according to the current 
version of AHAM Standard DH-1. 77 FR 31444 (May 25, 2012).

III. Energy Conservation Standards

    During this rulemaking, DOE will determine whether to further amend 
the energy conservation standards for residential dehumidifiers. (42 
U.S.C. 6295(cc)). EPCA requires that any new or amended energy 
conservation standard be designed to achieve the maximum improvement in 
energy or water efficiency that is technologically feasible and 
economically justified. To determine whether a standard is economically 
justified, EPCA requires that DOE determine whether the benefits of the 
standard exceed its burdens by considering, to the greatest extent 
practicable, the following:

    (1) The economic impact of the standard on the manufacturers and 
consumers of the affected products;
    (2) The savings in operating costs throughout the estimated 
average life of the product compared to any increases in the initial 
cost, or maintenance expense;
    (3) The total projected amount of energy and water (if 
applicable) savings likely to result directly from the imposition of 
the standard;
    (4) Any lessening of the utility or the performance of the 
products likely to result from the imposition of the standard;
    (5) The impact of any lessening of competition, as determined in 
writing by the Attorney General, that is likely to result from the 
imposition of the standard;
    (6) The need for national energy and water conservation; and
    (7) Other factors the Secretary considers relevant.

(42 U.S.C. 6295 (o)(2)(B)(i))

    To begin the required rulemaking process, DOE has prepared a 
framework document to explain the issues, analyses, and processes that 
it is considering for the development of amended energy conservation 
standards for residential dehumidifiers. The framework document is 
available at http://www1.eere.energy.gov/buildings/appliance_standards/residential/dehumidifiers.html.
    Additionally, DOE will hold a public meeting to focus on the 
analyses and issues described in the framework document. DOE encourages 
anyone who wishes to participate in the public meeting to view the 
framework document and to be prepared to discuss its contents. Public 
meeting participants need not limit their comments to the topics 
identified in the framework document; DOE is also interested in 
receiving views on other relevant issues that participants believe 
would affect energy conservation standards for these products. DOE 
welcomes all interested parties, regardless of whether they participate 
in the public meeting, to submit in writing comments and information on 
matters addressed in the framework document and on other matters 
relevant to consideration of standards for residential dehumidifiers.
    DOE will conduct the public meeting in an informal conference 
style. A court reporter will record the minutes of the meeting. The 
discussion will not include proprietary information, costs or prices, 
market shares, or other commercial matters regulated by U.S. antitrust 
laws.
    After the public meeting and the expiration of the period for 
submitting written statements, DOE will begin collecting data, 
conducting the analyses as discussed at the public meeting, and 
reviewing public comments.
    Anyone who wishes to participate in the public meeting, receive 
meeting materials, or be added to the DOE mailing list to receive 
future notices and information about the rulemaking process for 
residential dehumidifiers should contact Ms. Brenda Edwards at (202) 
586-2945

    Issued in Washington, DC, on July 31, 2012.
Kathleen B. Hogan,
Deputy Assistant Secretary of Energy, Energy Efficiency and Renewable 
Energy.
[FR Doc. 2012-20231 Filed 8-16-12; 8:45 am]
BILLING CODE 6450-01-P
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