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

DEPARTMENT OF ENERGY

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

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


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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.

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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.

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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