[Federal Register Volume 86, Number 106 (Friday, June 4, 2021)]
[Proposed Rules]
[Pages 29964-29967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-11253]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2019-BT-STD-0043]
RIN 1904-AE61
Energy Conservation Program: Energy Conservation Standards for
Consumer Products; Early Assessment Review; Dehumidifiers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Request for information.
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SUMMARY: The U.S. Department of Energy (``DOE'') is undertaking an
early assessment review for amended energy conservation standards for
dehumidifiers to determine whether to amend applicable energy
conservation standards for this product. Specifically, through this
request for information (``RFI''), DOE seeks data and information that
could enable the agency to determine whether DOE should propose a ``no-
new-standard'' determination because a more stringent standard: Would
not result in a significant savings of energy; is not technologically
feasible; is not economically justified; or any combination of the
foregoing. DOE welcomes written comments from the public on any subject
within the scope of this document (including those topics not
specifically raised in this RFI), as well as the submission of data and
other relevant information concerning this early assessment review.
DATES: Written comments and information will be accepted on or before
July 6, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using
the Federal eRulemaking Portal at https://www.regulations.gov. Follow
the instructions for submitting comments. Alternatively, interested
persons may submit comments, identified by docket number EERE-2019-BT-
STD-0043, by any of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the instructions for submitting comments.
2. Email: To [email protected]. Include docket
number EERE-2019-BT-STD-0043 in the subject line of the message.
No telefacsimilies (``faxes'') will be accepted. For detailed
instructions on submitting comments and additional information on this
process, see section III of this document.
Although DOE has routinely accepted public comment submissions
through a variety of mechanism, including the Federal eRulemaking
Portal, email, postal mail, or hand delivery/courier, the Department
has found it necessary to make temporary modifications to the comment
submission process in light of the ongoing Covid-19 pandemic. DOE is
currently suspending receipt of public comments via postal mail and
hand delivery/courier. If a commenter finds that this change poses an
undue hardship, please contact Appliance Standards Program staff at
(202) 586-1445 to discuss the need for alternative arrangements. Once
the Covid-19 pandemic health emergency is resolved, DOE anticipates
resuming all of its regular options for public comment submission,
including postal mail and hand delivery/courier.
Docket: The docket for this activity, which includes Federal
Register notices, comments, and other supporting documents/materials,
is available for review at https://www.regulations.gov. All documents
in the docket are listed in the https://www.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.
The docket web page can be found at https://www.regulations.gov/#!docketDetail;D=EERE-2019-BT-STD-0043. The docket web page contains
instructions on how to access all documents, including public comments,
in the docket. See section III for information on how to submit
comments through https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, U.S. Department of Energy, Office of Energy
Efficiency and Renewable Energy, Building Technologies Office, EE-5B,
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone:
(202) 586-0371. Email: [email protected].
Mr. Pete Cochran, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-9496. Email: [email protected].
For further information on how to submit a comment or review other
public comments and the docket contact the Appliance and Equipment
Standards Program staff at (202) 287-1445 or by email:
[email protected].
SUPPLEMENTARY INFORMATION:
[[Page 29965]]
Table of Contents
I. Introduction
A. Authority
B. Rulemaking History
II. Request for Information
A. Significant Savings of Energy
B. Technological Feasibility
C. Economic Justification
III. Submission of Comments
I. Introduction
DOE has established an early assessment review process to conduct a
more focused analysis of a specific set of facts or circumstances that
would allow DOE to determine that, based on one or more statutory
criteria, a new or amended energy conservation standard is not
warranted. The purpose of this review is to limit the resources, from
both DOE and stakeholders, committed to rulemakings that will not
satisfy the requirements in Energy Policy and Conservation Act, as
amended (``EPCA'') \1\ that a new or amended energy conservation
standard save a significant amount of energy, and be economically
justified and technologically feasible. See 85 FR 8626, 8653-8654 (Feb.
14, 2020).
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\1\ All references to EPCA in this document refer to the statute
as amended through the Energy Act of 2020, Public Law 116-260 (Dec.
27, 2020).
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As part of the early assessment, DOE publishes a RFI in the Federal
Register, announcing that DOE is considering initiating a rulemaking
proceeding and soliciting comments, data, and information on whether a
new or amended energy conservation standard would save a significant
amount of energy and be technologically feasible and economically
justified. Based on the information received in response to the RFI and
DOE's own analysis, DOE will determine whether to proceed with a
rulemaking for a new or amended energy conservation standard.
If DOE makes an initial determination based upon available evidence
that a new or amended energy conservation standard would not meet the
applicable statutory criteria, DOE would engage in notice and comment
rulemaking before issuing a final determination that new or amended
energy conservation standards are not warranted. Conversely, if DOE
makes an initial determination that a new or amended energy
conservation standard would satisfy the applicable statutory criteria
or DOE's analysis is inconclusive, DOE would undertake the preliminary
stages of a rulemaking to issue a new or amended energy conservation
standard. Beginning such a rulemaking, however, would not preclude DOE
from later making a determination that a new or amended energy
conservation standard cannot satisfy the requirements in the EPCA,
based upon the full suite of DOE's analyses. See 85 FR 8626, 8654 (Feb.
14, 2020).
A. Authority
EPCA, among other things, authorizes DOE to regulate the energy
efficiency of a number of consumer products and certain industrial
equipment. (42 U.S.C. 6291-6317) Title III, Part B \2\ of EPCA
established the Energy Conservation Program for Consumer Products Other
Than Automobiles. These products include dehumidifiers, the subject of
this document. (42 U.S.C. 6295(cc))
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\2\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated Part A.
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Under EPCA, DOE's energy conservation program consists essentially
of four parts: (1) Testing, (2) labeling, (3) Federal energy
conservation standards, and (4) certification and enforcement
procedures. Relevant provisions of EPCA specifically include
definitions (42 U.S.C. 6291), test procedures (42 U.S.C. 6293),
labeling provisions (42 U.S.C. 6294), energy conservation standards (42
U.S.C. 6295), and the authority to require information and reports from
manufacturers (42 U.S.C. 6296).
Federal energy efficiency requirements for covered products
established under EPCA generally supersede State laws and regulations
concerning energy conservation testing, labeling, and standards. (42
U.S.C. 6297(a)-(c)) DOE may, however, grant waivers of Federal
preemption for particular State laws or regulations, in accordance with
the procedures and other provisions set forth under 42 U.S.C. 6297(d).
EPCA also requires that, not later than six years after the
issuance of any final rule establishing or amending a standard, DOE
evaluate the energy conservation standards for each type of covered
product, including those at issue here, and publish either a
notification of determination that the standards do not need to be
amended, or a notice of proposed rulemaking (``NOPR'') that includes
new proposed energy conservation standards (proceeding to a final rule,
as appropriate). (42 U.S.C. 6295(m)(1))
DOE is publishing this RFI to collect data and information to
inform its decision consistent with its obligations under EPCA.
B. Rulemaking History
On June 13, 2016, DOE published a final rule establishing the
current energy conservations for dehumidifiers, and for which
compliance has been required beginning June 13, 2019. 81 FR 38338
(``June 2016 Final Rule''). The current energy conservation standards
are located in title 10 of the Code of Federal Regulations (``CFR'')
part 430, section 32, subsection v. The currently applicable DOE test
procedure for dehumidifiers appears at 10 CFR part 430, subpart B,
appendix X1 (``Appendix X1'').
II. Request for Information
DOE is publishing this RFI to collect data and information during
the early assessment review to inform its decision, consistent with its
obligations under EPCA, as to whether the Department should proceed
with an energy conservation standards rulemaking. Accordingly, in the
following sections, DOE has identified specific issues on which it
seeks input to aid in its analysis of whether an amended standard for
dehumidifiers would not save a significant amount of energy or be
technologically feasible or economically justified. In particular, DOE
is interested in any information indicating that there has not been
sufficient technological or market changes since DOE last conducted an
energy conservation standards rulemaking analysis for dehumidifiers to
suggest a more-stringent standard could satisfy these criteria. DOE
also welcomes comments on other issues relevant to its early assessment
that may not specifically be identified in this document.
A. Technological Feasibility
During the June 2016 Final Rule, DOE considered a number of
technology options that manufacturers could use to reduce energy
consumption in dehumidifiers. DOE seeks comment on any changes to these
technology options that could affect whether DOE could propose a ``no-
new-standards'' determination, such as an insignificant increase in the
range of efficiencies and performance characteristics of these
technology options. DOE also seeks comment on whether there are any
other technology options that DOE should consider in its analysis.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
Issue 1: DOE seeks information on the extent of availability and
efficiency of dehumidifiers with variable-speed compressors. At the
time of the June 2016 Final Rule, variable-speed dehumidifiers had not
yet been implemented in residential dehumidifiers, limiting available
[[Page 29966]]
information on the potential efficiency improvements achievable through
their use.
Issue 2: DOE seeks input on whether the maximum available
efficiency levels presented below are appropriate and technologically
feasible for potential consideration as possible energy conservation
standards for the products at issue--and if not, why not.
Maximum Efficiency Levels Currently Available
Portable, <=25.00 pints/day, 1.70 L/kWh
Portable, 25.01-50.00 pints/day, 1.9 L/kWh
Portable, >=50.01 pints/day, 3.30 L/kWh
Whole-home, case volume <=8.0 cubic feet, 2.09 L/kWh
Whole-home, case volume >8.0 cubic feet, 3.30 L/kWh
Source: DOE Compliance Certification Management System (``CCMS'')
database, as of December 7, 2020.
Issue 3: DOE requests comment on design options that may not be
applicable to (or incompatible with) specific product classes.
B. Significant Savings of Energy
On June 13, 2016, DOE established energy conservation standards for
dehumidifiers that are expected to result in 0.10 quadrillion Btu
(``quads'') site energy savings, or 6.7 percent relative to the
expected energy use without amending the standards, over a 30-year
period.\3\ 81 FR 38338, 38340. Additionally, in the June 2016 Final
Rule, DOE estimated that an energy conservation standard established at
an energy efficiency level equivalent to that achieved using the
maximum available technology (``max-tech'') would have resulted in 0.19
additional quads of site energy savings. This represents a 13.0 percent
reduction in energy use compared to the estimated national energy use
at the established energy conservation standard level. If DOE
determines that a more-stringent energy conservation standard would not
result in an additional 0.3 quads of site energy savings or an
additional 10-percent reduction in site energy use over a 30-year
period, DOE would propose to make a no-new-standards determination. DOE
seeks comment on energy savings that could be expected from more-
stringent standards for dehumidifiers.
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\3\ Energy savings values for the adopted standard reported in
81 FR 38338, 38340 (0.30 quads savings, or 7.4 percent reduction in
energy use relative to the expected energy use without amending
standards) are evaluated based on the full-fuel cycle.
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C. Economic Justification
In determining whether a proposed energy conservation standard is
economically justified, DOE analyzes, among other things, the potential
economic impact on consumers, manufacturers, and the Nation. DOE seeks
comment on whether there are economic barriers to the adoption of more-
stringent energy conservation standards. DOE also seeks comment and
data on any other aspects of its economic justification analysis from
the June 2016 Final Rule that may indicate whether a more-stringent
energy conservation standard would not be economically justified or
cost effective.
While DOE's request for information is not limited to the following
issues, DOE is particularly interested in comment, information, and
data on the following.
Issue 4: DOE seeks information on the cost of implementing
variable-speed compressors in dehumidifiers.
III. Submission of Comments
DOE invites all interested parties to submit in writing by July 6,
2021, comments and information on matters addressed in this notice and
on other matters relevant to DOE's early assessment of whether more-
stringent energy conservation standards are not warranted for
dehumidifiers.
Submitting comments via https://www.regulations.gov. The https://www.regulations.gov web page requires you to provide your name and
contact information. Your contact information will be viewable to DOE
Building Technologies staff only. Your contact information will not be
publicly viewable except for your first and last names, organization
name (if any), and submitter representative name (if any). If your
comment is not processed properly because of technical difficulties,
DOE will use this information to contact you. If DOE cannot read your
comment due to technical difficulties and cannot contact you for
clarification, DOE may not be able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment. If this instruction is followed, persons viewing comments will
see only first and last names, organization names, correspondence
containing comments, and any documents submitted with the comments.
Do not submit to https://www.regulations.gov information for which
disclosure is restricted by statute, such as trade secrets and
commercial or financial information (hereinafter referred to as
Confidential Business Information (``CBI'')). Comments submitted
through https://www.regulations.gov cannot be claimed as CBI. Comments
received through the website will waive any CBI claims for the
information submitted. For information on submitting CBI, see the
Confidential Business Information section.
DOE processes submissions made through https://www.regulations.gov
before posting. Normally, comments will be posted within a few days of
being submitted. However, if large volumes of comments are being
processed simultaneously, your comment may not be viewable for up to
several weeks. Please keep the comment tracking number that https://www.regulations.gov provides after you have successfully uploaded your
comment.
Submitting comments via email. Comments and documents submitted via
email will be posted to https://www.regulations.gov. If you do not want
your personal contact information to be publicly viewable, do not
include it in your comment or any accompanying documents. Instead,
provide your contact information in a cover letter. Include your first
and last names, email address, telephone number, and optional mailing
address. The cover letter will not be publicly viewable as long as it
does not include any comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. Faxes will not be accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and free of any defects or viruses.
Documents should not contain special characters or any form of
encryption and, if possible, they should carry the electronic signature
of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
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Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email two well-marked copies: One copy of the document marked
``confidential'' including all the information believed to be
confidential, and one copy of the document marked ``non-confidential''
with the information believed to be confidential deleted. Submit these
documents via email to [email protected]. DOE will
make its own determination about the confidential status of the
information and treat it according to its determination.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).
DOE considers public participation to be a very important part of
the process for developing energy conservation standards. DOE actively
encourages the participation and interaction of the public during the
comment period in each stage of this process. Interactions with and
between members of the public provide a balanced discussion of the
issues and assist DOE in the process. Anyone who wishes to be added to
the DOE mailing list to receive future notices and information about
this process should contact Appliance and Equipment Standards Program
staff at (202) 287-1445 or via email at
[email protected].
Signing Authority
This document of the Department of Energy was signed on May 21,
2021, by Kelly Speakes-Backman, Principal Deputy Assistant Secretary
and Acting Assistant Secretary for Energy Efficiency and Renewable
Energy, pursuant to delegated authority from the Secretary of Energy.
That document with the original signature and date is maintained by
DOE. For administrative purposes only, and in compliance with
requirements of the Office of the Federal Register, the undersigned DOE
Federal Register Liaison Officer has been authorized to sign and submit
the document in electronic format for publication, as an official
document of the Department of Energy. This administrative process in no
way alters the legal effect of this document upon publication in the
Federal Register.
Signed in Washington, DC, on May 24, 2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2021-11253 Filed 6-3-21; 8:45 am]
BILLING CODE 6450-01-P