64198 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

DEPARTMENT OF ENERGY (DOE) 

Statement of Regulatory and 

Deregulatory Priorities 

The Department of Energy 

(Department or DOE) makes vital 

contributions to the Nation’s welfare 

through its activities focused on 

improving national security, energy 

supply, energy efficiency, 

environmental remediation, and energy 

research. The Department’s mission is 

to: 

• Promote dependable, affordable and 

environmentally sound production and 

distribution of energy; 

• Advance energy efficiency and 

conservation; 

• Provide responsible stewardship of 

the Nation’s nuclear weapons; 

• Provide a responsible resolution to 

the environmental legacy of nuclear 

weapons production; 

• Strengthen U.S. scientific discovery, 

economic competitiveness, and 

improving quality of life through 

innovations in science and technology. 

The Department’s regulatory activities 

are essential to achieving its critical 

mission and to implementing major 

initiatives of the President’s National 

Energy Policy. Among other things, the 

Regulatory Plan and the Unified Agenda 

contain the rulemakings the Department 

will be engaged in during the coming 

year to fulfill the Department’s 

commitment to meeting deadlines for 

issuance of energy conservation 

standards and related test procedures. 

The Regulatory Plan and Unified 

Agenda also reflect the Department’s 

continuing commitment to cut costs, 

reduce regulatory burden, and increase 

responsiveness to the public. 

Energy Efficiency Program for 

Consumer Products and Commercial 

Equipment 

The Energy Policy and Conservation 

Act (EPCA) requires DOE to set 

appliance efficiency standards at levels 

that achieve the maximum improvement 

in energy efficiency that is 

technologically feasible and 

economically justified. The standards 

already issued in 2009 have a net 

benefit to the nation of up to $84 billion 

over 30 years. By 2042, these standards 

will have saved enough energy to 

operate all U.S. homes for over two 

years. 

On February 5, 2009, the President 

issued a memorandum noting that the 

Department is subject to a consent 

decree as a result of litigation in which 

14 States and various other entities 

brought suit alleging that the 

Department had failed to comply with 

deadlines and other requirements in the 

EPCA. The President noted further that 

the Department remained subject to 

outstanding deadlines with respect to 15 

of the 22 product categories covered by 

the consent decree, as well as statutory 

deadlines for a number of additional 

product categories. As a result, the 

President requested that the Department 

take all necessary steps, consistent with 

the consent decree and applicable law, 

to finalize legally required efficiency 

standards as expeditiously as possible 

and consistent with all applicable 

judicial and statutory deadlines. Most 

immediate were the five energy 

efficiency rules with deadlines prior to 

and including August 8, 2009; with 

respect to standards subject to judicial 

and statutory deadlines later than 

August 8, 2009, the President requested 

that the Department work to complete 

prior to the applicable deadline those 

standards that will result in the greatest 

energy savings. 

On August 5, 2009, DOE issued a final 

rule establishing energy conservation 

standards for bottled or canned beverage 

vending machines. Issuance of this 

rulemaking marked the completion, 

either on or prior to the required 

deadline, of the five energy efficiency 

rules with legal deadlines prior to and 

including August 8, 2009, as set forth in 

the President’s February 2009 

memorandum. 

In response to the President’s request 

regarding rulemakings with deadlines 

later than August 8, 2009, the 

Department continues to follow its 

schedule for setting new appliance 

efficiency standards. These rulemakings 

are expected to save American 

consumers billions of dollars in energy 

costs. The five-year plan to implement 

the schedule outlines how DOE will 

address the appliance standards 

rulemaking backlog and meet the 

statutory requirements established in 

EPCA and the Energy Policy Act of 2005 

(EPACT 2005). The five-year plan, 

which was developed considering the 

public comments received on the 

appliance standards program, provides 

for the issuance of one rulemaking for 

each of the 20 products in the backlog. 

The plan also provides for setting 

appliance standards for products 

required under EPACT 2005. 

The overall plan for implementing the 

schedule is contained in the Report to 

Congress under section 141 of EPACT 

2005 that was released on January 31, 

2006. This plan was last updated in the 

August 2009 report to Congress and now 

includes the requirements of the Energy 

Independence and Security Act of 2007 

(EISA 2007). The reports to Congress are 

posted at: 

http://www.eere.energy.gov/buildings/ 

appliancelstandards/ 

schedulelsetting.html. 

The August 2009 report identifies all 

products for which DOE has complied 

with or missed the deadlines 

established in EPCA (42 U.S.C. § 6291 

et seq.). It also describes the reasons for 

such delays and the Department’s plan 

for expeditiously prescribing new or 

amended standards. Information and 

timetables concerning these actions can 

also be found in the Department’s 

Regulatory Agenda, which is posted 

online at: www.reginfo.gov. 

Estimate of Combined Aggregate Costs 

and Benefits 

The regulatory actions included in 

this Regulatory Plan for small electric 

motors and commercial clothes washers 

provide significant benefits to the 

Nation. DOE believes that the benefits to 

the Nation of the proposed energy 

standards for small electric motors 

(energy savings, consumer average lifecycle cost savings, national net present 

value increase, and emission 

reductions) outweigh the costs (loss of 

industry net present value and life-cycle 

cost increases for some consumers). 

DOE estimates that these regulations 

will produce an energy savings for 

polyphase motors between 0.08 quads 

(seven-percent discount rate) and 0.17 

quads (three-percent discount rate) over 

thirty years and an energy savings for 

capacitor-start motors between 0.51 

quads (seven-percent discount rate) and 

1.11 quads (three-percent discount rate) 

over thirty years. The benefit to the 

Nation for polyphase motors will be 

between $60 million (seven-percent 

discount rate) and $560 million (threepercent discount rate). The benefit to 

the Nation for capacitor-start motors 

will be between $1.47 billion (sevenpercent discount rate) and $13.59 

billion (three-percent discount rate). 

DOE believes that the benefits to the 

Nation of the proposed energy standards 

for commercial clothes washers (energy 

and water savings, consumer average 

life-cycle cost savings, national net 

present value increase, and emission 

reductions) also outweigh the costs (loss 

of industry net present value and lifecycle cost increases for some 

consumers). DOE estimates that these 

regulations will produce an energy 

savings up to 0.15 quads over thirty 

years and national water savings up to 


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Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 64199 

190 billion gallons of water 

consumption over thirty years. The 

benefit to the Nation will be between 

$500 million (seven-percent discount 

rate) and $1.2 billion (three-percent 

discount rate). 

DOE—Energy Efficiency and 

Renewable Energy (EE) 

PROPOSED RULE STAGE 

40. ENERGY CONSERVATION 

STANDARDS FOR SMALL ELECTRIC 

MOTORS 

Priority: 

Economically Significant. Major under 

5 USC 801. 

Legal Authority: 

42 USC 6291 to 6309; 41 USC 6311 

to 6317 

CFR Citation: 

10 CFR 431 

Legal Deadline: 

Final, Judicial, February 28, 2010, 

Consent Decree. 

Abstract: 

The Energy Policy Act of 1992 

amended the Energy Policy and 

Conservation Act to provide that the 

Secretary of Energy prescribe testing 

requirements and energy conservation 

standards for those small electric 

motors for which the Secretary 

determines that standards would be 

technologically feasible and 

economically justified, and would 

result in significant energy savings. As 

a result of DOE’s analysis, on July 10, 

2006 (71 FR 38799), the Secretary made 

such a determination for small electric 

motors. This rulemaking will determine 

whether it is appropriate to establish 

energy conservation standards for small 

electric motors. 

Statement of Need: 

The Energy Policy and Conservation 

Act requires minimum energy 

efficiency standards for appliances, 

which has the effect of eliminating 

inefficient appliances and equipment 

from the market. 

Summary of Legal Basis: 

Title III of EPCA sets forth a variety 

of provisions designed to improve 

energy efficiency. Part A of Title III (42 

U.S.C. 6291-6309) provides for the 

Energy Conservation Program for 

Consumer Products Other Than 

Automobiles. Part A-1 of Title III (42 

U.S.C. 6311—6317) establishes a 

similar program for certain types of 

commercial and industrial equipment, 

which includes small electric motors. 

Currently, no mandatory Federal energy 

conservation standards apply to small 

electric motors. 

Alternatives: 

The statute requires the Department to 

conduct rulemakings to review 

standards and to revise standards to 

achieve the maximum improvement in 

energy efficiency that the Secretary 

determines is technologically feasible 

and economically justified. In making 

this determination, the Department 

conducts a thorough analysis of the 

alternative standard levels, including 

the existing standard, based on the 

criteria specified by the statute. 

Anticipated Cost and Benefits: 

DOE believes that the benefits to the 

Nation of the proposed energy 

standards for small electric motors 

(energy savings, consumer average lifecycle cost (LCC) savings, national net 

present value (NPV) increase, and 

emission reductions) outweigh the 

burdens (loss of INPV and LCC 

increases for some small electric motor 

users). DOE estimates that energy 

savings from electricity will be between 

0.59 quads and 1.23 quads over 30 

years and the benefit to the Nation will 

be between $1.53 billion and $14.15 

billion. 

Timetable: 

Action Date FR Cite 

Notice: Public 

Meeting, 

Framework 

Document 

Availability 

08/10/07 72 FR 44990 

Notice: Public 

Meeting, Data 

Availability 

12/30/08 73 FR 79723 

NPRM 12/00/09 

Final Action 02/00/10 

Regulatory Flexibility Analysis 

Required: 

No 

Government Levels Affected: 

Local, State 

Additional Information: 

Comments pertaining to this rule may 

be submitted electronically to 

smalllelectric 

lmotorslstd.rulemaking @ee.doe.gov. 

URL For More Information: 

www1.eere.energy.gov/buildings/ 

appliancelstandards/commercial/ 

smalllelectriclmotors.html 

URL For Public Comments: 

www.regulations.gov 

Agency Contact: 

James Raba 

Office of Building Technologies Program, 

EE–2J 

Department of Energy 

Energy Efficiency and Renewable Energy 

1000 Independence Avenue SW. 

Washington, DC 20585 

Phone: 202 586–8654 

Email: jim.raba@ee.doe.gov 

Related RIN: Related to 1904–AB71 

RIN: 1904–AB70 

DOE—EE 

FINAL RULE STAGE 

41. ENERGY EFFICIENCY 

STANDARDS FOR COMMERCIAL 

CLOTHES WASHERS 

Priority: 

Economically Significant. Major under 

5 USC 801. 

Legal Authority: 

42 USC 6313(e)(2)(A) 

CFR Citation: 

10 CFR 431 

Legal Deadline: 

Final, Statutory, January 1, 2010. 

Abstract: 

The Energy Policy and Conservation 

Act (EPCA) requires DOE to determine 

whether the existing standards for 

commercial clothes washers should be 

amended. Commercial clothes washers 

were previously included in a 

rulemaking with residential electric and 

gas ranges and ovens and Microwave 

ovens. On October 17, 2008, DOE 

published a NPRM for these products 

(73 FR 62034). Commenters 

subsequently alleged certain data 

problems affecting DOE’s rulemaking 

analyses. DOE’s preliminary assessment 

suggested that these concerns might be 

valid, thereby necessitating additional, 

supplemental rulemaking analyses. 

DOE is separating the commercial 

clothes washers energy conservation 

standard from the cooking products 

rulemaking and plans to issue 


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64200 Federal Register / Vol. 74, No. 233 / Monday, December 7, 2009 / The Regulatory Plan 

standards for commercial clothes 

washers by the statutory deadline. 

Statement of Need: 

EPCA requires minimum energy 

efficiency standards for appliances, 

which has the effect of eliminating 

inefficient appliances and equipment 

from the market. 

Summary of Legal Basis: 

Title III of EPCA sets forth a variety 

of provisions designed to improve 

energy efficiency. Part A-1 of Title III 

(42 U.S.C. 6311—6317) establishes an 

energy conservation program for a 

variety of commercial and industrial 

equipment including commercial 

clothes washers. (42 U.S.C. 6312; 

6313(e)) EPCA sets both energy and 

water efficiency standards for 

commercial clothes washers, and 

authorizes DOE to amend both. (42 

U.S.C. 6313(e)) Section 136(a) and (e) 

of the Energy Policy Act of 2005 

(EPACT 2005) added commercial 

clothes washers as equipment covered 

under EPCA and established standards 

for such equipment that is 

manufactured on or after January 1, 

2007. (42 U.S.C. 6311(1) and 6313(e)) 

These amendments to EPCA also 

require that DOE issue a final rule by 

January 1, 2010, to determine whether 

these standards should be amended. 

(EPACT 2005, section 136(e); 42 U.S.C. 

6313(e)) If amended standards are 

justified, they would become effective 

no later than January, 2013. 

Alternatives: 

The statute requires the Department to 

conduct rulemakings to review 

standards and to revise standards to 

achieve the maximum improvement in 

energy efficiency that the Secretary 

determines is technologically feasible 

and economically justified. In making 

this determination, the Department 

conducts a thorough analysis of the 

alternative standard levels, including 

the existing standard, based on the 

criteria specified by statute. 

Anticipated Cost and Benefits: 

DOE believes that the benefits to the 

Nation of the proposed energy 

standards for commercial clothes 

washers (energy and water savings, 

consumer average life-cycle cost (LCC) 

savings, national net present value 

(NPV) increase, and emissions 

reductions) outweigh the costs (loss of 

INPV and LCC increases for some 

consumers). DOE estimates that energy 

savings from electricity and natural gas 

will be up to 0.15 quads over 30 years 

and the national water savings will 

range up to 190 billion gallons over 30 

years. The benefit to the Nation will 

be between $500 million and $1.2 

billion. 

Timetable: 

Action Date FR Cite 

NPRM 10/17/08 73 FR 62033 

NPRM Comment 

Period End 

12/16/08 

Action Date FR Cite 

Supplemental NPRM 11/09/09 74 FR 57738 

Supplemental NPRM 

Comment Period 

End 

12/09/09 

Final Action 01/00/10 

Regulatory Flexibility Analysis 

Required: 

No 

Government Levels Affected: 

Undetermined 

URL For More Information: 

www1.eere.gov/buildings/ 

appliancelstandards/commercial/ 

clotheslwashers.html 

URL For Public Comments: 

http://www.regulations.gov/ 

Agency Contact: 

Stephen Witkowski 

Office of Building Technologies Program, 

EE–2J 

Department of Energy 

Energy Efficiency and Renewable Energy 

1000 Independence Avenue SW. 

Washington, DC 20585 

Phone: 202 586–7463 

Email: stephen.witkowski@ee.doe.gov 

Related RIN: Split from 1904–AB49 

RIN: 1904–AB93 

BILLING CODE 6450–01–S 


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