[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Rules and Regulations]
[Pages 59790-59791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18529]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[EERE-2017-BT-TP-0012]
RIN 1904-AD47
Energy Conservation Program: Test Procedure for Room Air
Conditioners
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Correcting amendments.
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SUMMARY: On March 29, 2021, the U.S. Department of Energy (``DOE'')
published a final rule that amended the test procedure for room air
conditioners (``room ACs''). This document corrects errors in the
amended regulatory text as it appeared in the March 2021 final rule.
Neither the errors nor the corrections in this document affect the
substance of the rulemaking or any conclusions reached in support of
the final rule.
DATES: Effective August 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Mr. Lucas Adin, 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) 287-5904. Email: [email protected].
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-33, 1000 Independence Avenue SW, Washington, DC 20585-0121.
Telephone: (202) 586-1777. Email: [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
DOE published a final rule in the Federal Register on March 29,
2021, amending the procedure for room ACs at title 10 of the Code of
Federal Regulations (``CFR''), part 430, subpart B, appendix F
(``appendix F''). 86 FR 16446. Since publication of the final rule, DOE
identified errors in the regulatory text for the room AC test
procedure. The first identified error in the regulatory text is in
section 4.2.1 of appendix F, which states, ``If the unit has an
inactive mode, as defined in section 2.14 of this appendix, as defined
in section 2.17 of this appendix, measure and record the average
inactive mode power, Pia, in watts.'' Since the term ``inactive mode''
is defined in section 2.14, the phrase ``as defined in section 2.17''
is erroneous and should be removed from that sentence. The second error
is in section 5.3.6, in which the term ``AECia/om'' is
defined to mean ``annual energy consumption in inactive mode of off
mode, in kWh/year, determined in section 5.1 of this appendix.''
Section 5.1 correctly defines ``AECia/om'' as annual energy
consumption in inactive mode and off mode. Thus, the definition in
section 5.3.6 should read ``annual energy consumption in inactive mode
and off mode, in kWh/year, determined in section 5.1 of this
appendix.'' Similarly, the definition for ``AECia/om'' in
sections 5.2.2 and 5.3.7 should also read ``annual energy consumption
in inactive mode and off mode, in kWh/year, determined in section 5.1
of this appendix.''
II. Need for Correction
As published, the regulatory text in the March 2021 final rule may
result in confusion as to the meaning of these terms and the references
to provisions elsewhere in the test procedure. Because this final rule
would simply correct errors in the text without making substantive
changes in the March 2021 final rule, the changes addressed in this
document are technical in nature.
III. Procedural Issues and Regulatory Review
DOE has concluded that the determinations made pursuant to the
various procedural requirements applicable to the March 2021 final rule
remain unchanged for this final rule technical correction. These
determinations are set forth in the March 2021 final rule. 86 FR 16446,
16472.
Pursuant to the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), DOE finds that there is good cause to not issue a
separate notice to solicit public comment on the changes contained in
this document. Issuing a separate notice to solicit public comment
would be impracticable, unnecessary, and contrary to the public
[[Page 59791]]
interest. Neither the errors nor the corrections in this document
affect the substance of the March 2021 final rule or any of the
conclusions reached in support of the final rule. Providing prior
notice and an opportunity for public comment on correcting objective,
typographical errors that do not change the substance of the test
procedure serves no useful purpose.
Further, this rule correcting a regulatory text error makes non-
substantive changes to the test procedure. As such, this rule is not
subject to the 30-day delay in effective date requirement of 5 U.S.C.
553(d) otherwise applicable to rules that make substantive changes.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Intergovernmental relations, Small businesses.
Signing Authority
This document of the Department of Energy was signed on August 23,
2023, by Francisco Alejandro Moreno, 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 August 23, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
For the reasons stated in the preamble, DOE corrects part 430 of
chapter II, subchapter D, of title 10 of the Code of Federal
Regulations by making the following correcting amendments:
PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS
0
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.
0
2. Amend Appendix F to subpart B of part 430 by:
0
a. Revising section 4.2.1;
0
b. In section 5.2.2, revising the definitions of
``AECia/om'';
0
c. In section 5.3.6, revising the definitions of
``AECia/om''; and
0
d. In section 5.3.7, revising the definitions of
``AECia/om''.
The revisions read as follows:
Appendix F to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Room Air Conditioners
* * * * *
4. * * *
4.2 * * *
4.2.1 If the unit has an inactive mode, as defined in section
2.14 of this appendix, measure and record the average inactive mode
power, Pia, in watts.
* * * * *
5. * * *
5.2 * * *
5.2.2 * * *
AECia/om = annual energy consumption in inactive mode
and off mode, in kWh/year, determined in section 5.1 of this
appendix.
* * * * *
5.3 * * *
* * * * *
5.3.6 * * *
AECia/om = annual energy consumption in inactive mode
and off mode, in kWh/year, determined in section 5.1 of this
appendix.
* * * * *
5.3.7 * * *
AECia/om = annual energy consumption in inactive mode
and off mode, in kWh/year, determined in section 5.1 of this
appendix.
* * * * *
[FR Doc. 2023-18529 Filed 8-29-23; 8:45 am]
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