81_FR_55315 81 FR 55155 - Energy Conservation Program: Energy Conservation Standards for Residential Dehumidifiers

81 FR 55155 - Energy Conservation Program: Energy Conservation Standards for Residential Dehumidifiers

DEPARTMENT OF ENERGY

Federal Register Volume 81, Issue 160 (August 18, 2016)

Page Range55155-55155
FR Document2016-19612

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 (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 dehumidifiers on June 13, 2016, and is publishing DOJ's August 5, 2015 determination on the proposed rule.

Federal Register, Volume 81 Issue 160 (Thursday, August 18, 2016)
[Federal Register Volume 81, Number 160 (Thursday, August 18, 2016)]
[Proposed Rules]
[Page 55155]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19612]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 160 / Thursday, August 18, 2016 / 
Proposed Rules

[[Page 55155]]



DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket Number EERE-2012-BT-STD-0027]
RIN 1904-AC81


Energy Conservation Program: Energy Conservation Standards for 
Residential Dehumidifiers

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 (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 dehumidifiers on June 13, 2016, and 
is publishing DOJ's August 5, 2015 determination on the proposed rule.

DATES: Date of DOJ determination--August 5, 2015.

FOR FURTHER INFORMATION CONTACT: 
    Mr. John Cymbalsky, 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) 287-1692. Email: [email protected].
    Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the 
General Counsel, GC-33, 1000 Independence Avenue SW., Washington, DC 
20585-0121. Telephone: (202) 586-7796. Email: [email protected].

SUPPLEMENTARY INFORMATION: On June 13, 2016, DOE published a final rule 
amending energy conservation standards for dehumidifiers (81 FR 38338). 
Those amended standards were determined by DOE to be technologically 
feasible and economically justified and would result in the significant 
conservation of energy. The Energy Conservation and Policy Act of 1975 
(42 U.S.C. 6291, et seq.; ``EPCA''), as amended, 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 June 3, 2015 NOPR 
(80 FR 31645) from the Attorney General and the U.S. Department of 
Justice (DOJ) on August 5, 2015. DOE is publishing the text of DOJ's 
August 5, 2015 determination.

    Issued in Washington, DC, on August 11, 2016.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and 
Renewable Energy.
[GRAPHIC] [TIFF OMITTED] TP18AU16.011

Main Justice Building
950 Pennsylvania Avenue NW.
Washington, DC 20530-0001
(202) 514-2401 / (202) 616-2645 (Fax)

August 5, 2015

Anne Harkavy
Deputy General Counsel for Litigation, Regulation and Enforcement
U.S. Department of Energy
Washington, DC 20585

Re: Energy Conservation Standards for Residential Dehumidifiers Doc. 
No. EERE-2012-BT-STD-0027

    Dear Deputy General Counsel Harkavy:
    I am responding to your June 3, 2015, letter seeking the views 
of the Attorney General about the potential impact on competition of 
proposed energy conservation standards for residential 
dehumidifiers. Your request was submitted under Section 
325(o)(2)(B)(i)(V) of the Energy Policy and Conservation Act, as 
amended (ECPA), 42 U.S.C. 6295(o)(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 CFR 0.40(g).
    In conducting its analysis, the Antitrust Division examines 
whether a proposed standard may lessen competition, for example, by 
substantially limiting consumer choice or increasing industry 
concentration. 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 (80 FR 31,646, June 3, 2015) and the related 
Technical Support Documents. We have also reviewed information 
presented at the public meeting held on the proposed standards on 
July 7, 2015. Based on this review, our conclusion is that the 
proposed energy conservation standards for residential dehumidifiers 
are unlikely to have a significant adverse impact on competition.

    Sincerely,

William J. Baer

[FR Doc. 2016-19612 Filed 8-17-16; 8:45 am]
 BILLING CODE 6450-01-P



                                                                                                                                                                                                        55155

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 81, No. 160

                                                                                                                                                                Thursday, August 18, 2016



                                                  This section of the FEDERAL REGISTER                    (DOE) proposed rule for energy                        38338). Those amended standards were
                                                  contains notices to the public of the proposed          conservation standards and that DOE                   determined by DOE to be
                                                  issuance of rules and regulations. The                  publish the determination in the                      technologically feasible and
                                                  purpose of these notices is to give interested          Federal Register. DOE published its                   economically justified and would result
                                                  persons an opportunity to participate in the            final rule for energy conservation                    in the significant conservation of
                                                  rule making prior to the adoption of the final
                                                  rules.
                                                                                                          standards for dehumidifiers on June 13,               energy. The Energy Conservation and
                                                                                                          2016, and is publishing DOJ’s August 5,               Policy Act of 1975 (42 U.S.C. 6291, et
                                                                                                          2015 determination on the proposed                    seq.; ‘‘EPCA’’), as amended, requires
                                                  DEPARTMENT OF ENERGY                                    rule.                                                 that the Attorney General make a
                                                                                                          DATES: Date of DOJ determination—                     determination and analysis of the
                                                  10 CFR Part 430                                         August 5, 2015.                                       impact, if any, of any lessening of
                                                  [Docket Number EERE–2012–BT–STD–
                                                                                                                                                                competition likely to result from a
                                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                  0027]                                                                                                         proposed standard, within 60 days of
                                                                                                            Mr. John Cymbalsky, U.S. Department                 publication. (42 U.S.C. 6295(o)(2)(B)(ii))
                                                  RIN 1904–AC81                                           of Energy, Office of Energy Efficiency                EPCA also requires that DOE publish
                                                                                                          and Renewable Energy, Building                        the determination and analysis in the
                                                  Energy Conservation Program: Energy                     Technologies Program, EE–5B, 1000                     Federal Register. Id.
                                                  Conservation Standards for                              Independence Avenue SW.,
                                                  Residential Dehumidifiers                               Washington, DC 20585–0121.                              DOE received the determination in
                                                                                                          Telephone: (202) 287–1692. Email:                     response to the June 3, 2015 NOPR (80
                                                  AGENCY:  Office of Energy Efficiency and                                                                      FR 31645) from the Attorney General
                                                  Renewable Energy, Department of                         dehumidifiers@EE.Doe.Gov.
                                                                                                            Ms. Elizabeth Kohl, U.S. Department                 and the U.S. Department of Justice (DOJ)
                                                  Energy.                                                                                                       on August 5, 2015. DOE is publishing
                                                                                                          of Energy, Office of the General Counsel,
                                                  ACTION: Publication of determination.                                                                         the text of DOJ’s August 5, 2015
                                                                                                          GC–33, 1000 Independence Avenue
                                                                                                          SW., Washington, DC 20585–0121.                       determination.
                                                  SUMMARY:   The Energy Policy and
                                                  Conservation Act of 1975 (EPCA), as                     Telephone: (202) 586–7796. Email:                       Issued in Washington, DC, on August 11,
                                                  amended, prescribes that the U.S.                       ElizabethKohl@hq.doe.gov.                             2016.
                                                  Department of Justice (DOJ) make a                      SUPPLEMENTARY INFORMATION: On June                    Kathleen B. Hogan,
                                                  determination on the impact, if any, on                 13, 2016, DOE published a final rule                  Deputy Assistant Secretary for Energy
                                                  the lessening of competition likely to                  amending energy conservation                          Efficiency, Energy Efficiency and Renewable
                                                  result from a U.S. Department of Energy                 standards for dehumidifiers (81 FR                    Energy.




                                                  Main Justice Building                                   the Energy Policy and Conservation Act, as              We have reviewed the proposed standards
                                                  950 Pennsylvania Avenue NW.                             amended (ECPA), 42 U.S.C.                             contained in the Notice of Proposed
                                                  Washington, DC 20530–0001                               6295(o)(2)(B)(i)(V), which requires the               Rulemaking (80 FR 31,646, June 3, 2015) and
                                                  (202) 514–2401 / (202) 616–2645 (Fax)                   Attorney General to make a determination of           the related Technical Support Documents.
                                                  August 5, 2015                                          the impact of any lessening of competition            We have also reviewed information
                                                                                                          that is likely to result from the imposition of       presented at the public meeting held on the
                                                  Anne Harkavy
                                                                                                          proposed energy conservation standards. The
                                                  Deputy General Counsel for Litigation,                                                                        proposed standards on July 7, 2015. Based on
                                                                                                          Attorney General’s responsibility for
                                                    Regulation and Enforcement                                                                                  this review, our conclusion is that the
                                                                                                          responding to requests from other
                                                  U.S. Department of Energy                                                                                     proposed energy conservation standards for
                                                                                                          departments about the effect of a program on
                                                  Washington, DC 20585                                                                                          residential dehumidifiers are unlikely to
                                                                                                          competition has been delegated to the
                                                  Re: Energy Conservation Standards for                   Assistant Attorney General for the Antitrust          have a significant adverse impact on
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                       Residential Dehumidifiers Doc. No.                 Division in 28 CFR 0.40(g).                           competition.
                                                       EERE–2012–BT–STD–0027                                In conducting its analysis, the Antitrust             Sincerely,
                                                    Dear Deputy General Counsel Harkavy:                  Division examines whether a proposed
                                                                                                                                                                William J. Baer
                                                    I am responding to your June 3, 2015, letter          standard may lessen competition, for
                                                  seeking the views of the Attorney General               example, by substantially limiting consumer           [FR Doc. 2016–19612 Filed 8–17–16; 8:45 am]
                                                  about the potential impact on competition of            choice or increasing industry concentration.          BILLING CODE 6450–01–P
                                                  proposed energy conservation standards for              A lessening of competition could result in
                                                  residential dehumidifiers. Your request was             higher prices to manufacturers and
                                                                                                                                                                                                                EP18AU16.011</GPH>




                                                  submitted under Section 325(o)(2)(B)(i)(V) of           consumers.



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Document Created: 2016-08-17 23:46:26
Document Modified: 2016-08-17 23:46:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionPublication of determination.
DatesDate of DOJ determination--August 5, 2015.
ContactMr. John Cymbalsky, 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) 287-1692. Email: [email protected]
FR Citation81 FR 55155 
RIN Number1904-AC81

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