[Federal Register Volume 79, Number 26 (Friday, February 7, 2014)]
[Rules and Regulations]
[Pages 7366-7370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02355]
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DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2013-BT-TP-0044]
RIN 1904-AD06
Energy Conservation Program: Compliance Date for the Dehumidifier
Test Procedure
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Final rule.
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SUMMARY: The Department of Energy (DOE) is issuing a final rule that
will require manufacturers to test dehumidifiers using the active mode
provisions in the test procedure for dehumidifiers currently found in
DOE regulations to determine compliance with the existing energy
conservation standards. The appendix in its entirety will be required
for use by manufacturers that make representations of standby mode or
off mode energy use, and, after the compliance date for any amended
energy conservation standards enacted in the future that incorporate
measures of standby mode and off mode energy use, to demonstrate
compliance with such amended standards. The amendments in this final
rule modify the compliance dates to allow use of the ANSI/AHAM DH-1-
2008 in the near term.
DATES: The effective date of this rule is March 10, 2014. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of March 10,
2014.
ADDRESSES: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at regulations.gov. All documents in the docket are listed in
the 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.
A link to the docket Web page can be found at: http://www.regulations.gov/#!docketDetail;D=EERE-2013-BT-TP-0044. This Web
page will contain a link to the docket for this rule on the
regulations.gov site. The regulations.gov Web page will contain simple
instructions on how to access all documents, including public comments,
in the docket.
For further information on how to review the docket, contact Ms.
Brenda Edwards at (202) 586-2945 or by email:
[email protected].
FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, 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. Email: [email protected].
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. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Discussion
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
B. Review Under the Regulatory Flexibility Act
C. Review Under the Paperwork Reduction Act of 1995
D. Review Under the National Environmental Policy Act of 1969
E. Review Under Executive Order 13132
F. Review Under Executive Order 12988
G. Review Under the Unfunded Mandates Reform Act of 1995
H. Review Under the Treasury and General Government
Appropriations Act, 1999
I. Review Under Executive Order 12630
J. Review Under Treasury and General Government Appropriations
Act, 2001
K. Review Under Executive Order 13211
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
M. Congressional Notification
IV. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6291, et seq.; ``EPCA'' or ``the Act'') sets forth a variety of
provisions designed to improve energy efficiency. (All references to
EPCA refer to the statute as amended through the American Energy
Manufacturing Technical Corrections Act (AEMTCA), Public Law 112-210
(Dec. 18, 2012).) Part B of title
[[Page 7367]]
III, which for editorial reasons was redesignated as Part A upon
incorporation into the U. S. Code (42 U.S.C. 6291-6309, as codified),
establishes the ``Energy Conservation Program for Consumer Products
Other Than Automobiles.'' The list of ``covered products'' under EPCA
includes dehumidifiers, which are the subject of today's rule. 42
U.S.C. 6292(a)(11).
Under EPCA, the energy conservation program consists essentially of
four parts: (1) Testing, (2) labeling, (3) Federal energy conservation
standards, and (4) certification and enforcement procedures. The
testing requirements consist of test procedures that manufacturers of
products must use to: (1) Ensure that their products meet the
applicable energy conservation standards adopted under EPCA; and (2)
make representations about the efficiency of those products. DOE must
use the test procedures to ensure compliance with DOE's energy
conservation standards. 42 U.S.C. 6295(s)
General Test Procedure Rulemaking Process
Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures
DOE must follow when prescribing or amending test procedures for
covered products. EPCA provides in relevant part that any test
procedures prescribed or amended under section 6293 must be reasonably
designed to produce test results which measure energy efficiency,
energy use, or estimated annual operating cost of a covered product
during a representative average use cycle or period of use and shall
not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) In
addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2))
The Energy Policy Act of 2005 (EPACT) amended EPCA to specify that
the dehumidifier test criteria used under the ENERGY STAR \1\ program
in effect as of January 1, 2001, must serve as the basis for the DOE
test procedure for dehumidifiers, unless revised by DOE. (EPACT,
section 135(b); 42 U.S.C. 6293(b)(13)) The ENERGY STAR test criteria
required that the Canadian Standards Association (CAN/CSA) standard
CAN/CSA-C749-1994 (R2005), ``Performance of Dehumidifiers,'' be used to
calculate the energy factor (EF) and that ANSI/AHAM Standard DH-1,
``Dehumidifiers,'' be used to measure capacity. The ENERGY STAR test
criteria did not specify which version of ANSI/AHAM Standard DH-1,
``Dehumidifiers,'' was to be used, although the version in effect on
January 1, 2001, was ANSI/AHAM DH-1-1992. DOE adopted these test
criteria, along with related definitions and tolerances, as its test
procedure for dehumidifiers at 10 Code of Federal Regulations (CFR)
part 430, subpart B, appendix X in 2006. 71 FR 71340, 71347, 71366,
713667-68 (Dec. 8, 2006).
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\1\ For more information, please visit http://www.energystar.gov/.
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On October 31, 2012, DOE published a final rule to establish a new
test procedure for dehumidifiers that references ANSI/AHAM Standard DH-
1-2008, ``Dehumidifiers,'' (ANSI/AHAM DH-1-2008) rather than the ENERGY
STAR test criteria for both energy use and capacity measurements. 77 FR
65995 (Oct. 31, 2012). The final rule also adopted standby and off mode
provisions that satisfy the requirement in the Energy Independence and
Security Act of 2007 (EISA) for DOE to include measures of standby mode
and off mode energy consumption in its test procedures for residential
products, if technically feasible. (42 U.S.C. 6295(gg)(2)(A)) This new
DOE test procedure, codified at 10 CFR part 430, subpart B, appendix X1
(``appendix X1''), establishes a new metric, integrated energy factor
(IEF), which incorporates measures of active mode, standby mode, and
off mode energy use. Appendix X1 is not currently required to
demonstrate compliance with energy conservation standards, but would be
required after the compliance date of any amended standards that
include standby mode and off mode energy consumption. Manufacturers may
currently use the test procedure set forth in either appendix X or
appendix X1 to make representations related to active mode energy
consumption of dehumidifiers; however, manufacturers are required to
use the test procedure set forth in appendix X1 to make any
representations related to standby mode and off mode energy
consumption.
On October 22, 2013, DOE published a NOPR (``October 2013 NOPR'')
proposing to require manufacturers to test using the active mode
provisions in appendix X1 to determine compliance with the existing
energy conservation standards. DOE determined that the active mode
provisions of appendix X1 are the functional equivalent of the active
mode provisions of appendix X. In addition, appendix X1 in its entirety
would be required for use by manufacturers that make representations of
standby mode or off mode energy use, and, after the compliance date for
any amended energy conservation standards that incorporate standby mode
or off mode energy use, to demonstrate compliance with those standards.
In addition, 30 days after publication of the final rule in the Federal
Register, the existing appendix X would be removed from the Federal
Register, and appendix X1 would be re-designated as appendix X. 78 FR
62488 (Oct. 22, 2013).
II. Discussion
In the October 2013 NOPR, DOE stated that although manufacturers
may currently test dehumidifiers using the test procedure set forth in
either appendix X or appendix X1 to determine compliance with existing
energy conservation standards and to make representations related to
active mode energy consumption, DOE believes that manufacturers and
test laboratories typically use ANSI/AHAM DH-1-2008 for such purposes,
consistent with the requirements of appendix X1. DOE further noted that
the use of the current version of ANSI/AHAM DH-1 is required to be used
for other industry testing purposes, such as for the AHAM dehumidifier
verification program, and at this time ANSI/AHAM DH-1-2008 is the
current version. In addition, appendix X is functionally equivalent to
the active mode provisions of appendix X1. 78 FR 62488, 62488 (Oct. 22,
2013).
Therefore, DOE proposed in the October 2013 NOPR that, as of 30
days after publication of the final rule, manufacturers would
demonstrate compliance with existing energy conservation standards
using appendix X1 (re-designated as appendix X) and that appendix X
would no longer be used and would be removed from the Federal Register.
DOE also proposed to clarify that, to preclude unnecessary testing
burden, manufacturers that do not make representations with respect to
standby mode and off mode energy consumption may perform only the
active mode test provisions when testing to determine compliance with
existing standards. Manufacturers would have 180 additional days to
make any changes needed to representations, including labels,
certification reports, marketing materials, etc., although DOE did not
expect any modifications would be needed because the proposal would not
change measured energy consumption. Finally, DOE proposed to amend the
test procedures at 10 CFR 430.23(z) to require that EF, when measured,
be determined according to the relevant active mode provisions of
appendix X1 (re-designated as appendix X), and IEF, when measured, be
[[Page 7368]]
determined according to appendix X1 (re-designated as appendix X) in
its entirety. Id.
In response to the October 2013 NOPR, AHAM expressed support for
DOE's proposal to require the use of the active mode provisions of
appendix X1 to determine compliance with existing energy conservation
standards. According to AHAM, current practice is to test according to
ANSI/AHAM DH-1-2008. In addition, AHAM agreed that appendix X is
functionally equivalent to the active mode provisions of appendix X1,
and that the proposal would not be expected to cause changes in
measured dehumidifier energy efficiency. (AHAM, No. 2 at p. 2) \2\ AHAM
also submitted suggested clarifications to the active mode provisions
in appendix X1 related to control settings and psychrometer
requirements. DOE will address such proposals in a separate rulemaking.
In consideration of this support and for the reasons discussed
previously, DOE adopts in this final rule the amendments that were
proposed in the October 2013 NOPR.
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\2\ A notation in the form ``AHAM, No. 2 at p. 2'' identifies a
written comment: (1) Made by the Association of Home Appliance
Manufacturers; (2) recorded in document number 2 that is filed in
the docket of the residential dehumidifier test procedure rulemaking
(Docket No. EERE-2013- BT-TP-0044) and available for review at
www.regulations.gov; and (3) which appears on page 2 of document
number 2.
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III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB).
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IFRA) for
any rule that by law must be proposed for public comment, unless the
agency certifies that the rule, if promulgated, will not have a
significant economic impact on a substantial number of small entities.
As required by Executive Order 13272, ``Proper Consideration of Small
Entities in Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE
published procedures and policies on February 19, 2003, to ensure that
the potential impacts of its rules on small entities are properly
considered during the DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
DOE reviewed today's final rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE has concluded that the rule will not have a
significant impact on a substantial number of small entities. The
factual basis for this certification is as follows:
The Small Business Administration (SBA) considers a business entity
to be small business, if, together with its affiliates, it employs less
than a threshold number of workers specified in 13 CFR part 121. These
size standards and codes are established by the North American Industry
Classification System (NAICS). The threshold number for NAICS
classification code 335211, ``Electric Housewares and Household Fan
Manufacturing,'' which applies to dehumidifier manufacturers, is 750
employees.
Most of the manufacturers supplying residential dehumidifiers are
large multinational corporations. DOE surveyed the AHAM member
directory to identify manufacturers of residential dehumidifiers. DOE
then consulted publicly-available data, purchased company reports from
vendors such as Dun and Bradstreet, and contacted manufacturers, where
needed, to determine if they meet the SBA's definition of a ``small
business manufacturing facility'' and have their manufacturing
facilities located within the United States. Based on this analysis,
DOE identified five small businesses that manufacture residential
dehumidifiers.
Today's final rule amends DOE's test procedures for dehumidifiers
by requiring use of the procedures at appendix XI (re-designated as
appendix X), which DOE understands is consistent with current industry
practice. These procedures require use of an updated industry
dehumidifier test method, which may potentially require manufacturers
to install a larger test chamber and different air handling equipment.
However, many manufacturers may already be using ANSI/AHAM DH-1-2008 in
certifying their products. DOE notes that one of the small businesses
has products listed in AHAM's current dehumidifier database of verified
products, indicating that those tests were conducted according to DH-1-
2008. In addition, AHAM selected an independent test laboratory to
conduct dehumidifier testing and verification for its certification
program using DH-1-2008. It is likely that this laboratory also
performs testing for manufacturers to determine compliance with energy
conservation standards in the same facility as the AHAM verification
testing. Therefore, DOE concluded in the October 2012 final rule that
established these procedures that small businesses will not be likely
to require investments in facility upgrades due to the requirement to
use the DOE dehumidifier test procedure that references DH-1-2008.
For these reasons, DOE concludes and certifies that today's final
rule requiring earlier use of these procedures, consistent with current
industry practice, will not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a regulatory flexibility analysis for this rulemaking. DOE has
transmitted the certification and supporting statement of factual basis
to the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C.
605(b).
C. Review Under the Paperwork Reduction Act of 1995
Manufacturers of residential dehumidifiers must certify to DOE that
their products comply with any applicable energy conservation
standards. In certifying compliance, manufacturers must test their
products according to the DOE test procedures for dehumidifiers,
including any amendments adopted for those test procedures. DOE has
established regulations for the certification and recordkeeping
requirements for all covered consumer products and commercial
equipment, including dehumidifiers. (76 FR 12422 (March 7, 2011). The
collection-of-information requirement for the certification and
recordkeeping is subject to review and approval by OMB under the
Paperwork Reduction Act (PRA). This requirement has been approved by
OMB under OMB control number 1910-1400. Public reporting burden for the
certification is estimated to average 20 hours per response, including
the time for reviewing instructions, searching existing data sources,
gathering and maintaining the data needed, and completing and reviewing
the collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply
[[Page 7369]]
with, a collection of information subject to the requirements of the
PRA, unless that collection of information displays a currently valid
OMB Control Number.
D. Review Under the National Environmental Policy Act of 1969
In this final rule, DOE amends its test procedure for
dehumidifiers. DOE has determined that this rule falls into a class of
actions that are categorically excluded from review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and DOE's
implementing regulations at 10 CFR part 1021. Specifically, this rule
amends an existing rule without affecting the amount, quality or
distribution of energy usage, and, therefore, will not result in any
environmental impacts. Thus, this rulemaking is covered by Categorical
Exclusion A5 under 10 CFR part 1021, subpart D, which applies to any
rulemaking that interprets or amends an existing rule without changing
the environmental effect of that rule. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.
E. Review Under Executive Order 13132
Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE examined this final rule and determined
that it will not have a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. EPCA governs and prescribes Federal preemption of State
regulations as to energy conservation for the products that are the
subject of today's final rule. States can petition DOE for exemption
from such preemption to the extent, and based on criteria, set forth in
EPCA. (42 U.S.C. 6297(d)) No further action is required by Executive
Order 13132.
F. Review Under Executive Order 12988
Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
this final rule meets the relevant standards of Executive Order 12988.
G. Review Under the Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a regulatory action resulting in a rule that may cause the
expenditure by State, local, and Tribal governments, in the aggregate,
or by the private sector of $100 million or more in any one year
(adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at http://energy.gov/gc/office-general-counsel. DOE examined today's
final rule according to UMRA and its statement of policy and determined
that the rule contains neither an intergovernmental mandate, nor a
mandate that may result in the expenditure of $100 million or more in
any year, so these requirements do not apply.
H. Review Under the Treasury and General Government Appropriations Act,
1999
Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
Today's final rule will not have any impact on the autonomy or
integrity of the family as an institution. Accordingly, DOE has
concluded that it is not necessary to prepare a Family Policymaking
Assessment.
I. Review Under Executive Order 12630
DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation will not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.
J. Review Under Treasury and General Government Appropriations Act,
2001
Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed today's final rule under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.
[[Page 7370]]
K. Review Under Executive Order 13211
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any significant energy action. A
``significant energy action'' is defined as any action by an agency
that promulgated or is expected to lead to promulgation of a final
rule, and that: (1) Is a significant regulatory action under Executive
Order 12866, or any successor order; and (2) is likely to have a
significant adverse effect on the supply, distribution, or use of
energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any significant energy action, the
agency must give a detailed statement of any adverse effects on energy
supply, distribution, or use if the regulation is implemented, and of
reasonable alternatives to the action and their expected benefits on
energy supply, distribution, and use.
Today's regulatory action is not a significant regulatory action
under Executive Order 12866. Moreover, it would not have a significant
adverse effect on the supply, distribution, or use of energy, nor has
it been designated as a significant energy action by the Administrator
of OIRA. Therefore, it is not a significant energy action, and,
accordingly, DOE has not prepared a Statement of Energy Effects.
L. Review Under Section 32 of the Federal Energy Administration Act of
1974
Under section 301 of the Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed rulemaking must inform the public of the use and background of
such standards. In addition, section 32(c) requires DOE to consult with
the Attorney General and the Chairman of the Federal Trade Commission
(FTC) concerning the impact of the commercial or industry standards on
competition. DOE required the use of a commercial standard (DH-1-2008)
in the October 2012 final rule. This rule requires earlier use of the
October 2012 test procedures in this rulemaking, but does not require
the use of a commercial standard, so these requirements do not apply.
M. Congressional Notification
As required by 5 U.S.C. 801, DOE will report to Congress on the
promulgation of today's rule before its effective date. The report will
state that it has been determined that the rule is not a ``major rule''
as defined by 5 U.S.C. 804(2).
IV. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this final
rule.
List of Subjects in 10 CFR Part 430
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.
Issued in Washington, DC, on January 29, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE amends part 430 of
Chapter II of Title 10, Code of Federal Regulations as set forth below:
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.
Sec. 430.3 [Amended]
0
2. Section 430.3 is amended by removing ``X1'' from paragraphs (h)(1)
and (o)(4) and adding ``X'' in its place.
0
3. Section 430.23 is amended by revising paragraph (z) to read as
follows:
Sec. 430.23 Test procedures for the measurement of energy and water
consumption.
* * * * *
(z) Dehumidifiers. (1) When measuring the energy factor for
dehumidifiers (see the note at the beginning of appendix X to this
subpart), expressed in liters per kilowatt hour (L/kWh), energy factor
shall be measured in accordance with section 4.1 of appendix X to this
subpart.
(2) When measuring the integrated energy factor for dehumidifiers
(see the note at the beginning of appendix X to this subpart),
expressed in L/kWh, integrated energy factor shall be determined
according to paragraph 5.2 of appendix X to this subpart.
* * * * *
Appendix X to Subpart B of Part 430--[Removed]
0
4. Appendix X to subpart B of part 430 is removed.
Appendix X1 to Subpart B of Part 430--[Redesignated as Appendix X]
0
5. Appendix X1 to subpart B of part 430 is redesignated as appendix X.
0
6. Redesignated appendix X to subpart B of part 430 is amended by
revising the Note after the heading to read as follows:
Appendix X to Subpart B of Part 430-Uniform Test Method for Measuring
the Energy Consumption of Dehumidifiers
Note: After August 6, 2014, any representations made with
respect to the energy use or efficiency of dehumidifiers must be
made in accordance with the results of testing pursuant to this
appendix. After this date, if a manufacturer elects to make
representations with regard to standby mode and off mode energy
consumption, then testing must also include the provisions of this
appendix related to standby mode and off mode energy consumption.
* * * * *
[FR Doc. 2014-02355 Filed 2-6-14; 8:45 am]
BILLING CODE 6450-01-P