[Federal Register Volume 80, Number 8 (Tuesday, January 13, 2015)]
[Rules and Regulations]
[Page 1583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30115]



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Federal Register / Vol. 80, No. 8 / Tuesday, January 13, 2015 / Rules 
and Regulations

[[Page 1583]]



DEPARTMENT OF ENERGY

10 CFR Part 431

[Docket Number EERE-2012-BT-STD-0020]
RIN 1904-AC77


Energy Conservation Program: Energy Conservation Standards for 
Commercial Clothes Washers

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

ACTION: Publication of determination.

-----------------------------------------------------------------------

SUMMARY: The Energy Policy and Conservation Act of 1975 (EPCA), as 
amended, prescribes that the U.S. Department of Justice (DOJ) make a 
determination on the impact, if any, on the lessening of competition 
likely to result from a U.S. Department of Energy's (DOE) proposed rule 
for energy conservation standards and that DOE publish the 
determination in the Federal Register. DOE published its final rule for 
energy conservation standards for commercial clothes washers on 
December 15, 2014, and is publishing the determination that DOJ made on 
the proposed rule.

DATES: January 13, 2015.

FOR FURTHER INFORMATION CONTACT:
    Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy 
Efficiency and Renewable Energy, Building Technologies Program, EE-5B, 
1000 Independence Avenue SW., Washington, DC 20585-0121. Telephone: 
(202) 586-0371. Email: <a href="/cdn-cgi/l/email-protection#efad9d968e81c1ad8a9d9d8681888a9daf8a8ac18b808ac1888099"><span class="__cf_email__" data-cfemail="ca88b8b3aba4e488afb8b8a3a4adafb88aafafe4aea5afe4ada5bc">[email protected]</span></a>.
    Ms. Johanna Hariharan, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 287-6307. Email: 
<a href="/cdn-cgi/l/email-protection#d19bbeb9b0bfbfb0ff99b0a3b8b9b0a3b0bf91b9a0ffb5beb4ffb6bea7"><span class="__cf_email__" data-cfemail="561c393e37383837781e37243f3e37243738163e277832393378313920">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: On December 15, 2014, DOE issued a final 
rule that adopted revised energy conservation standards for commercial 
clothes washers (CCWs) (``December 2014 Final Rule''). 79 FR 74491. DOE 
adopted the December 2014 Final Rule after considering comments 
received on the March 4, 2014 notice of proposed rulemaking and public 
meeting (``March 2014 NOPR''). 79 FR 12301. The Energy Conservation and 
Policy Act of 1975 (42 U.S.C. 6291, et seq.; ``EPCA''), Pub. L. 94-163, 
requires that the Attorney General make a determination and analysis of 
the impact, if any, of any lessening of competition likely to result 
from a proposed standard, within 60 days of publication. (42 U.S.C. 
6295(o)(2)(B)(ii)) EPCA also requires that DOE publish the 
determination and analysis in the Federal Register. Id.
    DOE received the determination in response to the March 2014 NOPR 
from the Attorney General and the U.S. Department of Justice on August 
16, 2014. In that determination, the Department of Justice concluded 
that the energy conservation standards for commercial clothes washers 
established in the subject rulemaking proceeding are unlikely to have a 
significant adverse impact on competition. Accordingly, DOE is 
publishing the determination.

    Issued in Washington, DC, on December 16, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.

U.S. DEPARTMENT OF JUSTICE
Antitrust Division
WILLIAM J. BAER
Assistant Attorney General
Main Justice Building
950 Pennsylvania Avenue, N.W.
Washington, D.C. 20530-0001
(202) 514-2401/(202) 616-2645 (Fax)

August 16, 2014

Eric J. Pygi
Deputy General Counsel
Department of Energy
Washington, D.C. 20585

Re: Commercial Clothes Washers Energy Conservation Standards

Dear Deputy General Counsel Pygi:

    I am responding to your June 11, 2014 letter seeking the views of 
the Attorney General about the potential impact on competition of 
proposed energy conservation standards for commercial clothes washers. 
Your request was submitted under Section 325(0)(2)(B)(i)(V) of the 
Energy Policy and Consen(ation Act, as amended (ECPA), 42 U.S.C. 
6295(0)(2)(B)(i)(V), which requires the Attorney General to make a 
determination of the impact of any lessening of competition that is 
likely to result from the imposition of proposed energy conservation 
standards. The Attorney General's responsibility for responding to 
requests from other departments about the effect of a program on 
competition has been delegated to the Assistant Attorney General for 
the Antitrust Division in 28 CPR Sec.  O.40(g).
    In conducting its analysis the Antitrust Division examines whether 
a proposed standard may lessen competition, for example, by 
substantially limiting consumer choice, by placing certain 
manufacturers at an unjustified competitive disadvantage, or by 
inducing avoidable inefficiencies in production or distribution of 
particular products. A lessening of competition could result in higher 
prices to manufacturers and consumers.
    We have reviewed the proposed standards contained in the Notice of 
Proposed Rulemaking (79 FR 12302, March 4, 2014) (NOPR). We have also 
reviewed supplementary information submitted to the Attorney General by 
the Department of Energy. Based on this review, our conclusion is that 
the proposed energy conservation standards for commercial clothes 
washers are unlikely to have a significant adverse impact on 
competition.

Sincerely,
William J. Baer

Enclosure

[FR Doc. 2014-30115 Filed 1-12-15; 8:45 am]
BILLING CODE 6450-01-P


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