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Proposed Rules
Federal Register Vol. 86, No. 152
Wednesday, August 11, 2021

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.

DEPARTMENT OF ENERGY
10 CFR Part 430
EERE2021BTSTD0002
RIN 1904AF14

Energy Conservation Program:
Product Classes for Residential Dishwashers, Residential Clothes Washers, and Consumer Clothes Dryers Office of Energy Efficiency and Renewable Energy, Department of Energy.
ACTION: Notice of proposed rulemaking and request for comment.
AGENCY:

On October 30, 2020 and December 16, 2020, the Department of Energy DOE published two final rules that established product classes for residential dishwashers with a cycle time for the normal cycle of 60 minutes or less, top-loading residential clothes washers and consumer clothes dryers with a cycle time of less than 30
minutes, and front-loading residential clothes washers with a cycle time of less than 45 minutes short-cycle product classes. The rules resulted in amended energy conservation standards for these short cycle product classes, without determining whether the relevant statutory criteria for amending standards were met. Thus, DOE
proposes to revoke the two earlier rules that improperly promulgated standards and reinstate the prior product classes and applicable standards for these covered products. DOE requests written comment on its proposal and announces a public meeting to receive comment on this notice of proposed rulemaking NOPR.

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SUMMARY:

Meeting: DOE will hold a webinar on September 23, 2021, from 1:00 p.m. to 4:00 p.m. See section VI, Public Participation, for webinar registration information, participant instructions, and information about the capabilities available to webinar participants.

DATES:

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Comments: DOE will accept comments, data, and information regarding this NOPR no later than October 12, 2021.
ADDRESSES: Interested persons are encouraged to submit comments using the Federal eRulemaking Portal at www.regulations.gov. Follow the instructions for submitting comments for docket number EERE2021BT
STD0002. Alternatively, interested persons may send an email to:
ShortCycleProductClasses2021S
TD0002@ee.doe.gov. Include the docket number EERE2021BTSTD0002
and/or RIN 1904AF14 in the subject line of the message.
Although DOE has routinely accepted public comment submissions through a variety of mechanisms, including the Federal eRulemaking Portal, email, postal mail, or hand delivery/courier, the Department has found it necessary to make temporary modifications to the comment submission process in light of the ongoing COVID19 pandemic. DOE
is currently accepting only electronic submissions at this time. If a commenter finds that this change poses an undue hardship, please contact Appliance Standards Program staff at 202 586
1445 to discuss the need for alternative arrangements. Once the COVID19
pandemic health emergency is resolved, DOE anticipates resuming all of its regular options for public comment submission, including postal mail and hand delivery/courier.
No telefacsimiles faxes will be accepted. For detailed instructions on submitting comments and additional information on the rulemaking process, see section VI Public Participation of this document.
Docket: The docket for this activity, which includes Federal Register notices, comments, and other supporting documents/materials, is available for review at www.regulations.gov. All documents in the docket are listed in the www.regulations.gov index. However, not all documents listed in the index may be publicly available, such as information that is exempt from public disclosure.
The docket web page can be found at www.regulations.gov/docket/EERE2021-BT-STD-0002. The docket web page contains instructions on how to access all documents, including public comments, in the docket. See section VI

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for information on how to submit comments through www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:

Mr. John Cymbalsky, U.S. Department of Energy, Office of Energy Efficiency and Renewable Energy, Building Technologies Office, EE5B, 1000
Independence Avenue SW, Washington, DC 205850121. Email: Appliance StandardsQuestions@ee.doe.gov.
Ms. Kathryn McIntosh, U.S.
Department of Energy, Office of the General Counsel, GC33, 1000
Independence Avenue SW, Washington, DC, 205850121. Telephone: 202 586
2002. Email: Kathryn.McIntosh@
hq.doe.gov.
For further information on how to submit a comment, review other public comments and the docket, or participate in the public meeting, contact the Appliance and Equipment Standards Program staff at 202 2871445 or by email: ApplianceStandardsQuestions@
ee.doe.gov.
Table of Contents I. Summary of Proposed Rulemaking II. Authority and Background A. Authority B. Background 1. Residential Dishwashers 2. Residential Clothes Washers and Consumer Clothes Dryers III. Discussion IV. Conclusion V. Procedural Issues and Regulatory Review A. Review Under Executive Orders 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 the Treasury and General Government Appropriations Act, 2001
K. Review Under Executive Order 13211
VI. Public Participation A. Participation in the Webinar B. Procedure for Submitting Prepared General Statements for Distribution C. Conduct of the Webinar D. Submission of Comments VII. Approval of the Office of the Secretary
I. Summary of Proposed Rulemaking In October and December of 2020, DOE published two final rules that
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