52852 Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations 

§ 2.21 Under Secretary for Research, 

Education, and Economics. 

(a) * * * 

(1) * * * 

(cci) Administer the Biomass 

Research and Development Initiative (7 

U.S.C. 8108(e)); consult and coordinate, 

as appropriate, with the Under Secretary 

for RD and other mission areas of the 

Department as deemed necessary in 

carrying the authorities delegated 

herein; serve as the designated point of 

contact referenced in 7 U.S.C. 8108 for 

the Department for purposes of 

administering the Biomass Research and 

Development Initiative. 

* * * * * 

Subpart K—Delegations of Authority 

by the Under Secretary for Research, 

Education, and Economics 

■ 4. Amend § 2.66 by revising paragraph 

(a)(156) to read as follows: 

§ 2.66 Director, National Institute of Food 

and Agriculture. 

(a) * * * 

(156) Administer the Biomass 

Research and Development Initiative (7 

U.S.C. 8108(e)); consult and coordinate, 

as appropriate, with the Under Secretary 

for Rural Development and other 

mission areas of the Department as 

deemed necessary in carrying out the 

authorities delegated herein. 

* * * * * 

Signed in Washington, DC, on August 18, 

2011. 

Pearlie S. Reed, 

Assistant Secretary of Agriculture for 

Administration. 

[FR Doc. 2011–21597 Filed 8–23–11; 8:45 am] 

BILLING CODE 3410–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2007–BT–STD– 

0010] 

RIN 1904–AA89 

Energy Conservation Program: Energy 

Conservation Standards for 

Residential Clothes Dryers and Room 

Air Conditioners 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule. 

SUMMARY: In a direct final rule 

published on April 21, 2011, the U.S. 

Department of Energy (DOE) adopted 

amended energy conservation standards 

for residential clothes dryers and room 

air conditioners. As required by the 

Energy Policy and Conservation Act 

(EPCA), DOE also published 

simultaneously a notice of proposed 

rulemaking (NOPR) that proposed 

identical energy efficiency standards. 

The standards set forth in the direct 

final rule and NOPR were identical to 

the standards provided in the consensus 

agreement that served as the basis for 

those rulemaking actions. The 

consensus agreement also provided 

specific compliance dates for both 

products. In the direct final rule and 

NOPR, however, DOE provided for a 

compliance date 3 years after the date of 

publication in the Federal Register, or 

April 21, 2014. As such, the compliance 

date of the direct final rule and NOPR 

did not correspond with the consensus 

agreement. DOE now amends the 

compliance dates set forth in the direct 

final rule and corresponding NOPR to 

be consistent with the compliance dates 

set out in the consensus agreement. 

Elsewhere in today’s Federal Register, 

DOE also published a document 

confirming adoption of the standards set 

forth in the direct final rule and 

confirming the effective date of the 

direct final rule. 

DATES: Effective Date: This rule is 

effective on August 24, 2011. 

Compliance dates: Compliance with the 

standards for room air conditioners is 

required on June 1, 2014. Compliance 

with the standards for residential 

clothes dryers is required on January 1, 

2015. 

ADDRESSES: The docket is available for 

review at regulations.gov, including 

Federal Register notices, framework 

documents, public meeting attendee 

lists and transcripts, comments, and 

other supporting documents/materials. 

All documents in the docket are listed 

in the regulations.gov index. Not all 

documents listed in the index may be 

publicly available, such as information 

that is exempt from public disclosure. 

A link to the docket Web page can be 

found at: http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Witkowski, 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, (202) 586– 

7463, e-mail: stephen.witkowski@ 

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, (202) 

586–7796, e-mail: Elizabeth.Kohl@ 

hq.doe.gov. 

For further information on how to 

submit or review public comments or 

view hard copies of the docket, contact 

Ms. Brenda Edwards at (202) 586–2945 

or e-mail: Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: DOE 

published a direct final rule to establish 

amended energy conservation standards 

for residential clothes dryers and room 

air conditioners on April 21, 2011. 76 

FR 22454 (April 21, 2011). 

EPCA (42 U.S.C. 6291 et seq.), as 

amended, grants DOE authority to issue 

a final rule (hereinafter referred to as a 

‘‘direct final rule’’) establishing an 

energy conservation standard on receipt 

of a statement submitted jointly by 

interested persons that are fairly 

representative of relevant points of view 

(including representatives of 

manufacturers of covered products, 

States, and efficiency advocates) as 

determined by the Secretary, that 

contains recommendations with respect 

to an energy conservation standard that 

are in accordance with the provisions of 

42 U.S.C. 6295(o). EPCA also requires a 

NOPR that proposes an identical energy 

conservation standard to be published 

simultaneously with the final rule. A 

public comment period of at least 110 

days must be provided. 42 U.S.C. 

6295(p)(4). Not later than 120 days after 

issuance of the direct final rule, if one 

or more adverse comments or an 

alternative joint recommendation are 

received relating to the direct final rule, 

the Secretary must determine whether 

the comments or alternative 

recommendation may provide a 

reasonable basis for withdrawal under 

42 U.S.C. 6295(o) or other applicable 

law. If the Secretary makes such a 

determination, DOE must withdraw the 

direct final rule and proceed with the 

simultaneously published notice of 

proposed rulemaking. DOE must 

publish in the Federal Register the 

reason why the direct final rule was 

withdrawn. Id. 

During the rulemaking proceeding to 

develop amended standards for 

residential clothes dryers and room air 

conditioners, DOE received the 

‘‘Agreement on Minimum Federal 

Efficiency Standards, Smart Appliances, 

Federal Incentives and Related Matters 

for Specified Appliances’’ (the ‘‘Joint 

Petition’’), a comment submitted by 

groups representing manufacturers (the 

Association of Home Appliance 

Manufacturers (AHAM), Whirlpool 

Corporation (Whirlpool), General 

Electric Company (GE), Electrolux, LG 

Electronics, Inc. (LG), BSH Home 

Appliances (BSH), Alliance Laundry 

Systems (ALS), Viking Range, Sub-Zero 

Wolf, Friedrich A/C, U-Line, Samsung, 


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Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations 52853 

1 DOE Docket No. EERE–2007–BT–STD–0010, 

Comment 35. 

Sharp Electronics, Miele, Heat 

Controller, AGA Marvel, Brown Stove, 

Haier, Fagor America, Airwell Group, 

Arcelik, Fisher & Paykel, Scotsman Ice, 

Indesit, Kuppersbusch, Kelon, and 

DeLonghi); energy and environmental 

advocates (American Council for an 

Energy Efficient Economy (ACEEE), 

Appliance Standards Awareness Project 

(ASAP), Natural Resources Defense 

Council (NRDC), Alliance to Save 

Energy (ASE), Alliance for Water 

Efficiency (AWE), Northwest Power and 

Conservation Council (NPCC), and 

Northeast Energy Efficiency 

Partnerships (NEEP)); and consumer 

groups (Consumer Federation of 

America (CFA) and the National 

Consumer Law Center (NCLC)) 

(collectively, the ‘‘Joint Petitioners’’). 

This collective set of comments, which 

DOE refers to in this notice as the ‘‘Joint 

Petition’’ 1 or ‘‘Consensus Agreement’’ 

recommends specific energy 

conservation standards for residential 

clothes dryers and room air conditioners 

that, in the commenters’ view, would 

satisfy the EPCA requirements in 42 

U.S.C. 6295(o). The Joint Petition also 

sets forth compliance dates for these 

recommended standards. The 

compliance dates are June 1, 2014 for 

room air conditioners and January 1, 

2015 for clothes dryers. 

As discussed in the direct final rule, 

DOE determined that the relevant 

criteria under 42 U.S.C. 6295(p)(4) were 

satisfied and that it was appropriate to 

adopt amended energy conservation 

standards for clothes dryers and room 

air conditioners through the direct final 

rule. In publishing the direct final rule, 

however, DOE inadvertently specified a 

compliance date 3 years after 

publication of the direct final rule in the 

Federal Register, rather than specifying 

the compliance dates set forth in the 

Joint Petition. DOE proposed to amend 

the compliance dates in a proposed rule 

published in the Federal Register on 

May 9, 2011. 76 FR 26656. DOE 

received two comments in support of 

the amended compliance dates, and no 

commenters objected to those dates. In 

today’s rule, DOE adopts those 

compliance dates. Specifically, for room 

air conditioners, DOE adopts a 

compliance date of June 1, 2014, and for 

clothes dryers, DOE adopts a 

compliance date of January 1, 2015. In 

addition, elsewhere in today’s Federal 

Register, DOE published a document 

confirming adoption of the standards set 

forth in the direct final rule and 

announcing the effective date of the 

direct final rule. 

Procedural Issues and Regulatory 

Review 

DOE finds good cause to waive the 

30-day delay in effective date under the 

Administrative Procedure Act (5 U.S.C. 

553(d)). A 30-day delay is unnecessary 

because the compliance dates 

established in today’s final rule are 

intended merely to ensure that the 

compliance dates for the energy 

conservation standards set forth in 

DOE’s direct final rule published on 

April 21, 2011 are the same as those 

recommended in the Joint Petition. 

Further, as DOE also published a 

document elsewhere in today’s Federal 

Register confirming adoption of the 

standards set forth in the direct final 

rule and announcing the effective date 

of the direct final rule, any delay in the 

effective date of this rule could cause 

confusion among interested parties. 

The regulatory reviews conducted for 

this final rule remain unchanged from 

those conducted for the direct final rule 

establishing the amended energy 

conservation standards. DOE does not 

believe that the changes in the 

compliance dates—approximately one 

and a half months for room air 

conditioners and eight and a half 

months for clothes dryers—would result 

in changes to those analyses. Please see 

the direct final rule for further details. 

List of Subjects in 10 CFR Part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Household appliances, Reporting and 

recordkeeping requirements, Small 

businesses. 

Issued in Washington, DC, on August 18, 

2011. 

Timothy Unruh, 

Program Manager, Federal Energy 

Management Program, Energy Efficiency and 

Renewable Energy. 

For the reasons set forth in the 

preamble, DOE amends chapter II, 

subchapter D, of title 10 of the 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. 

■ 2. In § 430.32, revise paragraphs (b) 

and (h) to read as follows: 

§ 430.32 Energy and water conservation 

standards and their effective dates. 

* * * * * 

(b) Room air conditioners. 

Product class 

Energy efficiency 

ratio, effective from 

Oct. 1, 2000 to 

May 31, 2014 

Combined energy efficiency ratio, 

effective as of 

June 1, 2014 

1. Without reverse cycle, with louvered sides, and less than 6,000 Btu/h ......................................... 9.7 11.0 

2. Without reverse cycle, with louvered sides, and 6,000 to 7,999 Btu/h .......................................... 9.7 11.0 

3. Without reverse cycle, with louvered sides, and 8,000 to 13,999 Btu/h ........................................ 9.8 10.9 

4. Without reverse cycle, with louvered sides, and 14,000 to 19,999 Btu/h ...................................... 9.7 10.7 

5a. Without reverse cycle, with louvered sides, and 20,000 to 24,999 Btu/h .................................... 8.5 9.4 

5b. Without reverse cycle, with louvered sides, and 25,000 Btu/h or more ....................................... .................................. 9.0 

6. Without reverse cycle, without louvered sides, and less than 6,000 Btu/h .................................... 9.0 10.0 

7. Without reverse cycle, without louvered sides, and 6,000 to 7,999 Btu/h ..................................... 9.0 10.0 

8a. Without reverse cycle, without louvered sides, and 8,000 to 10,999 Btu/h ................................. 8.5 9.6 

8b. Without reverse cycle, without louvered sides, and 11,000 to 13,999 Btu/h ............................... .................................. 9.5 

9. Without reverse cycle, without louvered sides, and 14,000 to 19,999 Btu/h ................................. 8.5 9.3 

10. Without reverse cycle, without louvered sides, and 20,000 Btu/h or more .................................. 8.5 9.4 

11. With reverse cycle, with louvered sides, and less than 20,000 Btu/h .......................................... 9.0 9.8 

12. With reverse cycle, without louvered sides, and less than 14,000 Btu/h ..................................... 8.5 9.3 

13. With reverse cycle, with louvered sides, and 20,000 Btu/h or more ............................................ 8.5 9.3 

14. With reverse cycle, without louvered sides, and 14,000 Btu/h or more ....................................... 8.0 8.7 

15. Casement-Only .............................................................................................................................. 8.7 9.5 


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52854 Federal Register / Vol. 76, No. 164 / Wednesday, August 24, 2011 / Rules and Regulations 

Product class 

Energy efficiency 

ratio, effective from 

Oct. 1, 2000 to 

May 31, 2014 

Combined energy efficiency ratio, 

effective as of 

June 1, 2014 

16. Casement-Slider ............................................................................................................................ 9.5 10.4 

* * * * * 

(h) Clothes dryers. (1) Gas clothes 

dryers manufactured after January 1, 

1988 shall not be equipped with a 

constant burning pilot. 

(2) Clothes dryers manufactured on or 

after May 14, 1994 and before January 

1, 2015, shall have an energy factor no 

less than: 

Product class 

Energy 

factor 

(lbs/kWh) 

i. Electric, Standard (4.4 ft3 or 

greater capacity) ................... 3.01 

ii. Electric, Compact (120V) 

(less than 4.4 ft3 capacity) .... 3.13 

iii. Electric, Compact (240V) 

(less than 4.4 ft3 capacity) .... 2.90 

iv. Gas ...................................... 2.67 

(3) Clothes dryers manufactured on or 

after January 1, 2015, shall have a 

combined energy factor no less than: 

Product class 

Combined 

energy 

factor 

(lbs/kWh) 

i. Vented Electric, Standard 

(4.4 ft3 or greater capacity) ... 3.73 

ii. Vented Electric, Compact 

(120V) (less than 4.4 ft3 capacity) .................................... 3.61 

iii. Vented Electric, Compact 

(240V) (less than 4.4 ft3 capacity) .................................... 3.27 

iv. Vented Gas .......................... 3.30 

v. Ventless Electric, Compact 

(240V) (less than 4.4 ft3 capacity) .................................... 2.55 

vi. Ventless Electric, Combination Washer-Dryer ................. 2.08 

* * * * * 

[FR Doc. 2011–21639 Filed 8–23–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2007–BT–STD– 

0010] 

RIN 1904–AA89 

Energy Conservation Program: Energy 

Conservation Standards for 

Residential Clothes Dryers and Room 

Air Conditioners 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of effective date and 

compliance dates for direct final rule. 

SUMMARY: DOE published a direct final 

rule to establish amended energy 

conservation standards for residential 

clothes dryers and room air conditioners 

in the Federal Register on April 21, 

2011. DOE has determined that the 

adverse comments received in response 

to the direct final rule do not provide a 

reasonable basis for withdrawing the 

direct final rule. Therefore, DOE 

provides this document confirming 

adoption of the energy conservation 

standards established in the direct final 

rule and announcing the effective date 

of those standards. DOE also published 

a proposed rule to amend the 

compliance dates set forth in the direct 

final rule on May 9, 2011. Elsewhere in 

today’s Federal Register, DOE publishes 

a final rule which adopts the 

compliance dates set forth in its 

proposed rule published on May 9, 

2011. 

DATES: The direct final rule published 

on April 21, 2011 (76 FR 22454) was 

effective on August 19, 2011. Pursuant 

to the document published elsewhere in 

today’s Federal Register, compliance 

with the standards in the direct final 

rule will be required on June 1, 2014 for 

room air conditioners and on January 1, 

2015 for clothes dryers. 

ADDRESSES: The docket is available for 

review at regulations.gov, including 

Federal Register notices, framework 

documents, public meeting attendee 

lists and transcripts, comments, and 

other supporting documents/materials. 

All documents in the docket are listed 

in the regulations.gov index. Not all 

documents listed in the index may be 

publicly available, such as information 

that is exempt from public disclosure. A 

link to the docket Web page can be 

found at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Stephen L. Witkowski, 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) 586–7463; e-mail: 

Stephen.Witkowski@ee.doe.gov. 

Ms. 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; e-mail: 

Elizabeth.Kohl@hq.doe.gov. 

For further information on how to 

submit or review public comments or 

view hard copies of the docket, contact 

Ms. Brenda Edwards at (202) 586–2945 

or e-mail: Brenda.Edwards@ee.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Authority and Rulemaking 

Background 

As amended by Energy Independence 

and Security Act of 2007 (EISA 2007; 

Pub. L. 110–140), the Energy Policy and 

Conservation Act authorizes DOE to 

issue a direct final rule establishing an 

energy conservation standard on receipt 

of a statement submitted jointly by 

interested persons that are fairly 

representative of relevant points of view 

(including representatives of 

manufacturers of covered products, 

States, and efficiency advocates) as 

determined by the Secretary of Energy 

(Secretary), that contains 

recommendations with respect to an 

energy conservation standard that are in 

accordance with the provisions of 42 

U.S.C. 6295(o). A notice of proposed 

rulemaking (NOPR) that proposes an 

identical energy conservation standard 

must be published simultaneously with 

the final rule, and DOE must provide a 

public comment period of at least 110 

days on the direct final rule. 42 U.S.C. 

6295(p)(4). Not later than 120 days after 

issuance of the direct final rule, if one 

or more adverse comments or an 

alternative joint recommendation are 

received relating to the direct final rule, 

the Secretary must determine whether 

the comments or alternative 

recommendation may provide a 

reasonable basis for withdrawal under 

42 U.S.C. 6295(o) or other applicable 


wreier-aviles on DSKGBLS3C1PROD with RULES