[Federal Register: June 20, 2006 (Volume 71, Number 118)]
[Notices]
[Page 35419-35420]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn06-33]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
[Docket No. EE-RM-PET-100]
Energy Efficiency Program for Consumer Products: California
Energy Commission Petition for Exemption From Federal Preemption of
California's Water Conservation Standards for Residential Clothes
Washers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice.
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SUMMARY: The Department of Energy (hereafter ``the Department'')
announces the extension of the time period for evaluation and decision
on the disposition of the California Energy Commission's Petition for
Exemption from Federal Preemption of California's Water Conservation
Standards for Residential Clothes Washers (hereafter ``California
Petition''). In accordance with section 327(d)(2) of the Energy Policy
and Conservation Act (hereafter ``EPCA''), the Department is extending
the time period for issuing a decision on the California Petition from
June 23, 2006, to December 23, 2006. The Department is extending this
time period in order to allow it adequate time to evaluate the
California Petition in light of public comments received on the
California Petition and the California Energy Commission's (hereafter
``CEC'') rebuttal comments received by the Department on May 15, 2006.
DATES: The Department is extending the time period of evaluation of the
California Petition from June 23, 2006 to December 23, 2006.
ADDRESSES: For access to the docket to read background documents
relevant to
[[Page 35420]]
this matter; go to the U.S. Department of Energy, Forrestal Building,
Room 1J-018 (Resource Room of the Building Technologies Program), 1000
Independence Avenue, SW., Washington, DC 20585-0121, telephone number
(202) 586-9127, between 9 a.m. and 4 p.m., Monday through Friday,
except Federal holidays. Please call Ms. Brenda Edwards-Jones at the
above telephone number for additional information regarding visiting
the Resource Room. Please note that the Department's Freedom of
Information Reading Room (formerly Room 1E-190 at the Forrestal
Building) is no longer housing rulemaking materials.
Electronic copies of the California Petition are available online
at either the Department of Energy's Web site at the following URL
address: http://www.eere. energy.gov/buildings /appliance--standards/
state-- petitions.html or the CEC's Web site at the following URL
address: http://www.energy.ca.gov/ appliances/2005-09- 13--PETITION--
CLOTHES--WASHERS.PDF. An electronic copy of California's water plan
update and related material is available online at the California
Department of Water Resources Web site at the following URL address:
http://www.waterplan.water.ca.gov/. Electronic copies of comments
received by the Department on California's Petition and the California
Energy Commission's rebuttal statement are available online at the
following URL address: http://www.eere.energy. gov/buildings/
appliance--standards /state--petitions.html.
FOR FURTHER INFORMATION CONTACT: Bryan Berringer, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies, EE-2J, 1000 Independence Avenue, SW., Washington, DC
20585-0121, (202) 586-0371. E-mail: bryan.berringer@ee.doe.gov. Thomas
DePriest, Esq., U.S. Department of Energy, Office of General Counsel,
GC-72, 1000 Independence Avenue, SW., Washington, DC 20585-0121, (202)
586-9507, e-mail: Thomas.DePriest@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Authority
II. Background
I. Authority
Part B of Title III of EPCA established the Energy Conservation
Program for Consumer Products Other Than Automobiles. (42 U.S.C. 6291-
6309) Products covered under the program, including residential clothes
washers, and the authority to regulate them, are listed in section 322.
(42 U.S.C. 6292) Section 325(g) (42 U.S.C. 6295(g)) establishes
standards for certain types of residential clothes washers and requires
the Department to issue two rulemakings to consider further amendments.
Federal energy efficiency requirements for residential products
generally preempt State laws or regulations concerning energy
conservation testing, labeling, and standards. (42 U.S.C. 6297(a)-(c))
However, the Department can grant waivers of Federal preemption
(hereafter ``waiver'' or ``exemption'') for particular State laws or
regulations, in accordance with the procedures and other provisions of
section 327(d) of EPCA. (42 U.S.C. 6297(d)) In particular, section
327(d)(1)(A) of EPCA provides that any State or river basin commission
with a State regulation regarding energy use, energy efficiency, or
water use requirements for products regulated by the Energy
Conservation Program, may petition for an exemption from Federal
preemption and seek to apply its own State regulation. (42 U.S.C.
6297(d)(1)(A))
Section 327(d)(2) of EPCA requires that the Department afford
interested persons a reasonable opportunity to make written comments,
including rebuttal comments, related to the petition. (42 U.S.C.
6297(d)(2)) In addition, section 327(d)(2) of EPCA provides the
Department with the authority to extend its decision date to within one
year after the date on which the Department accepted the petition.
However, the Department must publish notice of this extension in the
Federal Register and note its reasons for delay. (42 U.S.C. 6297(d)(2))
In addition, should the Department decide to grant a petition, section
336(a)(1) of EPCA requires that DOE afford interested persons the
opportunity to present written and oral data, views, and arguments with
respect to any proposed rules prescribed under section 327. (42 U.S.C.
6306(a)(1))
II. Background
On September 16, 2005, the Department received a petition from the
CEC, dated September 13, 2005, pursuant to the requirements of section
327(d) of EPCA (42 U.S.C. 6297(d)) and Title 10 Code of Federal
Regulations (CFR) part 430, subpart D, and sections 430.41(a)(1) and
430.42 of the CFR. However, by letter dated November 18, 2005, the
Department notified the CEC that its petition had failed to comply with
certain requirements set out in 10 CFR 430.42(c). The CEC responded on
December 5, 2005, and provided the required information. By letter
dated December 23, 2005, the Department notified the CEC that it had
accepted the California Petition as supplemented.
In accordance with section 327(d)(2) of EPCA (42 U.S.C. 6297(d)(2))
and 10 CFR 430.43, the Department published notice of the California
Petition in the Federal Register on February 6, 2006 (hereafter
``February 2006 notice''). (71 FR 6022) The February 2006 notice
provides a summary of the Department's authority regarding petitions
for exemption, the California Petition, and criteria for evaluating
petitions for exemption. In the February 2006 notice, to help the
Department evaluate the California Petition's request, the Department
also invited the public to submit comments, data, and information
regarding the California Petition by April 7, 2006.
In order to afford the CEC a reasonable opportunity to review
public comments and provide rebuttal, the Department notified the CEC
by letter dated April 14, 2006, of its opportunity to provide rebuttal
comments. CEC rebuttal comments were received by the Department on May
15, 2006.
In this notice, the Department extends the period for evaluation of
the California Petition to December 23, 2006, in order to provide the
Department adequate time to evaluate the petition in light of public
comments and CEC rebuttal comments received. The Department will
consider the information and views submitted and make a determination
on the California Petition. At such point, the Department will either
provide notice of a proposed rule on which it will seek written and
oral comment, or provide a notice of, and the reasons for, denial of
the California Petition.
Issued in Washington, DC, on June 14, 2006.
Alexander A. Karsner,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. E6-9637 Filed 6-19-06; 8:45 am]
BILLING CODE 6450-01-P