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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules
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period of use for the product, and not be unduly burdensome to conduct. See 85 FR 8626, 86538654 Feb. 14, 2020.
As part of the early assessment, DOE
publishes an RFI in the Federal Register, announcing that DOE is initiating a rulemaking proceeding and soliciting comments, data, and information on whether an amended test procedure would more accurately measure energy use during a representative average use cycle or reduce testing burden. Based on the information received in response to the RFI and DOEs own analysis, DOE will determine whether to proceed with a rulemaking for an amended test procedure.
If DOE makes an initial determination based upon available evidence that an amended test procedure would not meet the applicable statutory criteria, DOE
would engage in notice and comment rulemaking before issuing a final determination that an amended test procedure is not warranted.
Conversely, if DOE makes an initial determination that an amended test procedure would satisfy the applicable statutory criteria, DOE would undertake the preliminary stages of a rulemaking to issue an amended test procedure.
Beginning such a rulemaking, however, would not preclude DOE from later making a determination that an amended test procedure would not satisfy the requirements in EPCA, based upon the full suite of DOEs analyses.
Id. at 85 FR 8654.
A. Authority and Background 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.
62916317 Title III, Part B 2 of EPCA
established the Energy Conservation Program for Consumer Products Other Than Automobiles, which sets forth a variety of provisions designed to improve energy efficiency. These products include dehumidifiers, the subject of this RFI. 42 U.S.C.
6293b13; 42 U.S.C. 6295 cc The energy conservation program under EPCA 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, energy conservation standards 42 U.S.C. 6295, labeling provisions 42 U.S.C. 6294, and the authority to require information and 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

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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
DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions of EPCA. 42 U.S.C. 6297d The Federal testing requirements consist of test procedures that manufacturers of covered products must use as the basis for: 1 Certifying to DOE that their products comply with the applicable energy conservation standards adopted pursuant to EPCA 42
U.S.C. 6295s, and 2 making representations about the efficiency of those consumer products 42 U.S.C.
6293c. Similarly, DOE must use these test procedures to determine whether the products comply with relevant standards promulgated under EPCA. 42
U.S.C. 6295s EPCA requires that the test procedure for dehumidifiers be based on the test criteria used under the ENERGY STAR
Program Requirements for Dehumidifiers developed by the U.S.
Environmental Protection Agency, as in effect on August 8, 2005, unless revised by DOE pursuant to 42 U.S.C. 6293. 42
U.S.C. 6293b13 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 requires that any test procedures prescribed or amended under this section 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 not be unduly burdensome to conduct. 42
U.S.C. 6293b3
EPCA also requires that, at least once every 7 years, DOE review test procedures for all covered products, including dehumidifiers, to determine whether amended test procedures would more accurately or fully comply with the requirements for the test procedures to be reasonably designed to produce test results that reflect energy efficiency, energy use, and estimated operating costs during a representative average use cycle or period of use and not be unduly burdensome to conduct 42 U.S.C. 6293b1A DOE is publishing this RFI to collect data and information to inform its decision in satisfaction of this 7-year review requirement.

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B. Rulemaking History DOE last amended the test procedure for dehumidifiers on July 31, 2015
July 2015 Final Rule, to provide technical clarifications and improve repeatability of the test procedure. 80
FR 45802. The July 2015 Final Rule also established a new test procedure for dehumidifiers at appendix X1 that, among other things, established separate provisions for testing whole-home dehumidifiers. Id. DOEs test procedures for dehumidifiers are prescribed at Title 10 of the Code of Federal Regulations CFR part 430, subpart B, appendix X1 appendix X1. Manufacturers were not required to use appendix X1
until the compliance date of a subsequent amendment to the energy conservation standards for dehumidifiers. On June 13, 2016, DOE
published a final rule establishing amended energy conservation standards for dehumidifiers, for which compliance was required beginning June 13, 2019.
81 FR 38338.
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 amended test procedure rulemaking.
Accordingly, in the following sections, DOE has identified a variety of issues on which it seeks input to determine whether, and if so how, amended test procedures for dehumidifiers would more accurately or fully comply with the requirements in EPCA that test procedures be reasonably designed to produce test results which reflect energy use during a representative average use cycle or period of use, without being unduly burdensome to conduct 42
U.S.C. 6293b3.
A. Scope and Definitions EPCA defines a dehumidifier as a selfcontained, electrically operated, and mechanically encased assembly consisting of1 a refrigerated surface evaporator that condenses moisture from the atmosphere; 2 a refrigerating system, including an electric motor; 3
an air-circulating fan; and 4 a means for collecting or disposing of the condensate. 42 U.S.C. 629134 In codifying a regulatory definition of dehumidifier, DOE interpreted the statutory definition as excluding portable air conditioners, room air conditioners, and packaged terminal air conditioners. 10 CFR 430.2. Products meeting this definition are subject to DOEs regulations for testing, certifying,
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