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Federal Register / Vol. 86, No. 106 / Friday, June 4, 2021 / Proposed Rules cannot satisfy the requirements in the EPCA, based upon the full suite of DOEs analyses. See 85 FR 8626, 8654
Feb. 14, 2020.

Table of Contents I. Introduction A. Authority B. Rulemaking History II. Request for Information A. Significant Savings of Energy B. Technological Feasibility C. Economic Justification III. Submission of Comments
I. Introduction DOE has established an early assessment review process to conduct a more focused analysis of a specific set of facts or circumstances that would allow DOE to determine that, based on one or more statutory criteria, a new or amended energy conservation standard is not warranted. The purpose of this review is to limit the resources, from both DOE and stakeholders, committed to rulemakings that will not satisfy the requirements in Energy Policy and Conservation Act, as amended EPCA
1 that a new or amended energy conservation standard save a significant amount of energy, and be economically justified and technologically feasible.
See 85 FR 8626, 86538654 Feb. 14, 2020.
As part of the early assessment, DOE
publishes a RFI in the Federal Register, announcing that DOE is considering initiating a rulemaking proceeding and soliciting comments, data, and information on whether a new or amended energy conservation standard would save a significant amount of energy and be technologically feasible and economically justified. Based on the information received in response to the RFI and DOEs own analysis, DOE will determine whether to proceed with a rulemaking for a new or amended energy conservation standard.
If DOE makes an initial determination based upon available evidence that a new or amended energy conservation standard would not meet the applicable statutory criteria, DOE would engage in notice and comment rulemaking before issuing a final determination that new or amended energy conservation standards are not warranted.
Conversely, if DOE makes an initial determination that a new or amended energy conservation standard would satisfy the applicable statutory criteria or DOEs analysis is inconclusive, DOE
would undertake the preliminary stages of a rulemaking to issue a new or amended energy conservation standard.
Beginning such a rulemaking, however, would not preclude DOE from later making a determination that a new or amended energy conservation standard 1 All references to EPCA in this document refer to the statute as amended through the Energy Act of 2020, Public Law 116260 Dec. 27, 2020.

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A. Authority 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. These products include dehumidifiers, the subject of this document. 42 U.S.C. 6295cc Under EPCA, DOEs energy conservation program 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, labeling provisions 42 U.S.C. 6294, energy conservation standards 42 U.S.C. 6295, and the authority to require information and 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.
6297ac DOE may, however, grant waivers of Federal preemption for particular State laws or regulations, in accordance with the procedures and other provisions set forth under 42
U.S.C. 6297d.
EPCA also requires that, not later than six years after the issuance of any final rule establishing or amending a standard, DOE evaluate the energy conservation standards for each type of covered product, including those at issue here, and publish either a notification of determination that the standards do not need to be amended, or a notice of proposed rulemaking NOPR that includes new proposed energy conservation standards proceeding to a final rule, as appropriate. 42 U.S.C. 6295m1
DOE is publishing this RFI to collect data and information to inform its decision consistent with its obligations under EPCA.
B. Rulemaking History On June 13, 2016, DOE published a final rule establishing the current energy conservations for dehumidifiers, and for which compliance has been required 2 For editorial reasons, upon codification in the U.S. Code, Part B was redesignated Part A.

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beginning June 13, 2019. 81 FR 38338
June 2016 Final Rule. The current energy conservation standards are located in title 10 of the Code of Federal Regulations CFR part 430, section 32, subsection v. The currently applicable DOE test procedure for dehumidifiers appears at 10 CFR part 430, subpart B, appendix X1
Appendix X1.
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 energy conservation standards rulemaking. Accordingly, in the following sections, DOE has identified specific issues on which it seeks input to aid in its analysis of whether an amended standard for dehumidifiers would not save a significant amount of energy or be technologically feasible or economically justified. In particular, DOE is interested in any information indicating that there has not been sufficient technological or market changes since DOE last conducted an energy conservation standards rulemaking analysis for dehumidifiers to suggest a more-stringent standard could satisfy these criteria. DOE also welcomes comments on other issues relevant to its early assessment that may not specifically be identified in this document.
A. Technological Feasibility During the June 2016 Final Rule, DOE
considered a number of technology options that manufacturers could use to reduce energy consumption in dehumidifiers. DOE seeks comment on any changes to these technology options that could affect whether DOE could propose a no-new-standards determination, such as an insignificant increase in the range of efficiencies and performance characteristics of these technology options. DOE also seeks comment on whether there are any other technology options that DOE should consider in its analysis.
While DOEs request for information is not limited to the following issues, DOE is particularly interested in comment, information, and data on the following.
Issue 1: DOE seeks information on the extent of availability and efficiency of dehumidifiers with variable-speed compressors. At the time of the June 2016 Final Rule, variable-speed dehumidifiers had not yet been implemented in residential dehumidifiers, limiting available
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