Federal Register, Volume 78 Issue 26 (Thursday, February 7, 2013)

[Federal Register Volume 78, Number 26 (Thursday, February 7, 2013)]
[Proposed Rules]
[Pages 8992-8998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02749]

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DEPARTMENT OF ENERGY

10 CFR Part 430

[Docket No. EERE-2011-BT-TP-0054]
RIN 1904-AC63

Energy Conservation Program: Test Procedures for Residential
Clothes Dryers

AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: The U.S. Department of Energy (DOE) proposes to amend its test
procedures for residential clothes dryers established under the Energy
Policy and Conservation Act. The proposed amendments would clarify the
installation conditions for console lights, the method for measuring
the drum capacity, the maximum allowable scale range, and the allowable
use of a relative humidity meter.

DATES: DOE will accept comments, data, and information regarding this
supplemental notice of proposed rulemaking (SNOPR) no later than March
18, 2013. See section IV, ``Public Participation,'' for details.

ADDRESSES: Any comments submitted must identify the SNOPR on Test
Procedures for Residential Clothes Dryers, and provide docket number
EERE-2011-BT-TP-0054 and/or regulatory information number (RIN) 1904-
AC63. Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: RCDAT-2011-TP-0054@ee.doe.gov. Include docket number
EERE-2011-BT-TP-0054 and/or RIN 1904-AC63 in the subject line of the
message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-2J, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. If possible, please submit all items on a
compact disc (CD), in which case it is not necessary to include printed
copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 6th Floor, 950 L'Enfant Plaza
SW., Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD, in which case it is not necessary to
include printed copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section IV of this document
(Public Participation).
Docket: The docket is available for review at www.regulations.gov,
including Federal Register notices, framework documents, public meeting
attendee lists and transcripts, comments, and other supporting
documents/materials. 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.
A link to the docket web page can be found at: http://www.regulations.gov/#!docketDetail;dct=FR%252BPR%252BN%252BO%252BSR;rpp=10;po=0;D=EERE-
2011-BT-TP-0054. This web page will contain a link to the docket for
this notice on the www.regulations.gov site. The www.regulations.gov
web page contains instructions on how to access all documents,
including public comments, in the docket. See section IV for
information on how to submit comments through www.regulations.gov.
For further information on how to submit a comment or review other
public comments and the docket, contact Ms. Brenda Edwards at (202)
586-2945 or email: Brenda.Edwards@ee.doe.gov.

FOR FURTHER INFORMATION CONTACT:
Mr. Stephen Witkowski, U.S. Department of Energy, Energy Efficiency and
Renewable Energy, Building Technologies Program, EE-2J, 1000
Independence Avenue SW., Washington, DC 20585-0121. Tel.: (202) 586-
7463. Email: Stephen.Witkowski@ee.doe.gov.
Ms. Elizabeth Kohl, U.S. Department of Energy, Office of the General
Counsel, 1000 Independence Avenue SW., Washington, DC, 20585-0121.
Tel.: (202) 586-7796, Email: Elizabeth.Kohl@hq.doe.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
A. General Test Procedure Rulemaking Process
B. DOE Clothes Dryer Test Procedure
II. Discussion
A. Proposals
B. Compliance With Other EPCA Requirements
III. Procedural Issues and Regulatory Review
A. Review Under Executive Order 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
L. Review Under Section 32 of the Federal Energy Administration
Act of 1974
IV. Public Participation
A. Submission of Comments
B. Issues on Which DOE Seeks Comment
1. Console Lights
2. Drum Capacity Measurement
V. Approval of the Office of the Secretary

I. Authority and Background

Title III of the Energy Policy and Conservation Act (42 U.S.C.
6291, et seq.; ``EPCA'' or ``the Act'') sets forth a variety of
provisions designed to improve energy efficiency. (All references to
EPCA refer to the statute

[[Page 8993]]

as amended through the Energy Independence and Security Act of 2007
(EISA 2007), Public Law 110-140 (Dec. 19, 2007)). Part B of title III,
which for editorial reasons was re-designated as Part A upon
codification in the U.S. Code (42 U.S.C. 6291-6309), establishes the
``Energy Conservation Program for Consumer Products Other Than
Automobiles.'' Covered consumer products include clothes dryers, the
subject of today's notice. (42 U.S.C. 6292(a)(8))
Under EPCA, this program consists essentially of four parts: (1)
Testing, (2) labeling, (3) Federal energy conservation standards, and
(4) certification and enforcement procedures. The testing requirements
consist of test procedures that manufacturers of covered products must
use (1) as the basis for certifying to DOE that their products comply
with the applicable energy conservation standards adopted under EPCA,
and (2) for making representations about the efficiency of those
products. Similarly, DOE must use these test requirements to determine
whether the products comply with any relevant standards promulgated
under EPCA.

A. General Test Procedure Rulemaking Process

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 provides in relevant part that any test
procedures prescribed or amended under this section must be reasonably
designed to produce test results that 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. 6293(b)(3))
In addition, if DOE determines that a test procedure amendment is
warranted, it must publish proposed test procedures and offer the
public an opportunity to present oral and written comments on them. (42
U.S.C. 6293(b)(2)) In any rulemaking to amend a test procedure, DOE
must also determine to what extent, if any, the proposed test procedure
would alter the measured energy efficiency of any covered product as
determined under the existing test procedure. (42 U.S.C. 6293(e))

B. DOE Clothes Dryer Test Procedure

DOE's test procedures for clothes dryers are codified in appendix D
and appendix D1 to subpart B of Title 10 of the Code of Federal
Regulations (CFR). For background on the establishment of the first DOE
test procedure for clothes dryers and subsequent amendments to those
procedures, and the rulemaking history for today's supplemental notice
of proposed rulemaking (SNOPR), please see the NOPR published on
January 2, 2013. (78 FR 152) (January 2013 NOPR). In today's SNOPR, DOE
considers inquiries from test laboratories regarding specific
provisions in the current clothes dryer test procedures. DOE will
provide further response to comments received on the January 2013 NOPR,
as appropriate, in any final rule to establish amended test procedures.

II. Discussion

A. Proposals

Console Lights
Section 2.1 in 10 CFR part 430, subpart B, appendices D and D1
specifies for the installation conditions that all console lights or
other lighting systems that do not consume more than 10 watts shall be
disconnected during the clothes dryer active mode test cycle. DOE
received an inquiry requesting clarification of this provision. DOE
notes that this provision was originally adopted in a final rule that
was published in the Federal Register on September 14, 1977 (September
1977 Final Rule). 42 FR 46145, 46146, 46150. DOE intended this
provision to apply to an older generation of clothes dryers existing at
the time of the September 1977 Final Rule that used task lights to
illuminate the area of the dryer for consumers doing the laundry that
did not provide any function related to the drying process during the
drying cycle. Newer generation clothes dryers equipped with electronic
controls may have control setting indicators such as indicator lights
showing the cycle progression, temperature or dryness settings, or
other cycle functions. In contrast to the task lighting of older
generation dryers, these indicator lights associated with cycle
settings or the drying operation are fully integrated into the clothes
dryer control printed circuit boards (PCBs). In addition, disconnecting
such lights would require extracting the control PCB from the dryer and
either physically cutting off the indicator lights or destroying their
electrical signal traces etched on the PCB.
As a result of these differences, DOE proposes to clarify in
section 2.1 in both appendices D and D1 that ``console lights or other
lighting systems'' refers to task lights that do not provide any
function during the drying cycle related to the drying process, rather
than the control setting indicators in newer generation clothes dryers
with electronic controls. DOE also proposes to clarify that control
setting indicators such as indicator lights showing the cycle
progression, temperature or dryness settings, or other cycle functions
should not be disconnected during the active mode test cycle.
Drum Capacity Measurements
Section 3.1 in 10 CFR part 430, subpart B, appendices D and D1
specifies that when measuring drum capacity, the drum shall be filled
with water to a level determined by the intersection of the door plane
and the loading port. In addition, section 3.1 specifies that volume
should be added or subtracted as appropriate depending on whether the
plastic bag used for the measurement protrudes into the drum interior.
DOE received an inquiry requesting clarification of this requirement.
In today's SNOPR, DOE is proposing to amend section 3.1 to clarify
that, for the measurement of the drum capacity, the intersection of the
door plane and the loading port refers to the uppermost edge of the
drum that is in contact with the door seal and that volume should be
added or subtracted from the measured water fill volume to account for
any space in the drum interior not measured by water fill (e.g., space
occupied by the door protruding into the drum interior).
Maximum Allowable Scale Range
Section 2.4.1 in Appendix D and Appendix D1 specifies that the
weighing scale for the test cloth shall have a range of 0 to a maximum
of 30 pounds with a resolution of at least 0.2 ounces and a maximum
error no greater than 0.3 percent of any measured value within the
range of 3 to 15 pounds. Similarly, section 2.4.1.2 in Appendix D and
Appendix D1 specifies that the weighing scale for drum capacity
measurements should have a range of 0 to a maximum of 500 pounds with
resolution of 0.50 pounds and a maximum error no greater than 0.5
percent of the measured value. DOE received an inquiry requesting
clarification of this requirement. DOE recognizes that scales for
weighing the test cloth may have maximum capacity higher than 30
pounds, but still meet the requirements for resolution and maximum
error within the range of 3 to 15 pounds, as specified in the test
procedure. DOE also recognizes that a clothes dryer, when filled with
water for the drum capacity measurement, could exceed 500 pounds. As a
result, DOE proposes in this SNOPR to allow a higher maximum scale
range, 60 pounds for weighing the test cloth and 600 pounds for drum
capacity

[[Page 8994]]

measurements. The resolution and maximum error requirements would
remain unchanged.
Relative Humidity Meter
Section 2.4.4 in Appendix D and Appendix D1 specifies that the dry
and wet bulb psychrometer used for measuring the ambient humidity shall
have an error no greater than 1 degrees Fahrenheit
([deg]F). DOE received an inquiry requesting clarification of this
provision. DOE recognizes that relative humidity meters may be an
acceptable means to measure the ambient humidity. DOE also recognizes
that some humidity meters may express error tolerances in terms of the
dry and wet bulb temperatures, while others express error tolerances in
terms of percent relative humidity. As a result, DOE evaluated how the
1[deg]F tolerance for the dry and wet bulb temperatures
translates to relative humidity. DOE determined, based on the allowable
range in ambient temperature (72 to 78[deg]F) and ambient humidity (40
to 60 percent relative humidity) specified in the DOE test procedure,
that a 1[deg]F tolerance for the dry and wet bulb
temperatures would translate to a tolerance between 2
percent and 4 percent relative humidity. As a result, DOE
proposes that a relative humidity meter with a maximum error tolerance
expressed in [deg]F equivalent to the requirements the dry and wet bulb
psychrometer or with a maximum error tolerance of 2
percent relative humidity would be acceptable for testing.

B. Compliance With Other EPCA Requirements

EPCA requires that test procedures shall 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. Test procedures must
also not be unduly burdensome to conduct. (42 U.S.C. 6293(b)(3)) DOE is
only proposing to amend 10 CFR part 430 subpart B, appendices D and D1
in today's SNOPR to clarify the installation conditions for console
lights, the method for measuring the drum capacity, the maximum
allowable scale range, and the allowable use of a relative humidity
meter. Because the proposed amendments would not change the actual
testing method and provide additional options for instrumentations
while requiring the same resolution and accuracy, DOE does not believe
the proposed amendments in today's SNOPR would result in any added test
burden on manufacturers as compared to the current DOE clothes dryer
test procedures in 10 CFR part 430, subpart B, appendices D and D1.
EPCA requires that DOE determine whether a proposed test procedure
amendment would alter the measured efficiency of a product, thereby
requiring adjustment of existing standards. (42 U.S.C. 6293(e)) As
discussed above, DOE is only proposing to amendments in today's SNOPR
to clarify the installation conditions for console lights, the method
for measuring the drum capacity, the maximum allowable scale range, and
the allowable use of a relative humidity meter. Because the proposed
amendments would not change the actual testing method, DOE has
determined that the proposed amendments would not alter the measured
efficiency. DOE is, therefore, not considering amendments to the
clothes dryer energy conservation standards at 10 CFR 430.32(h)(2)-(3).

III. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

The Office of Management and Budget has determined that test
procedure rulemakings do not constitute ``significant regulatory
actions'' under section 3(f) of Executive Order 12866, Regulatory
Planning and Review, 58 FR 51735 (Oct. 4, 1993). Accordingly, this
action was not subject to review under the Executive Order by the
Office of Information and Regulatory Affairs (OIRA) in the Office of
Management and Budget (OMB).

B. Review Under the Regulatory Flexibility Act

The Regulatory Flexibility Act (5 U.S.C. 601 et seq) requires
preparation of a regulatory flexibility analysis (RFA) for any rule
that by law must be proposed for public comment, unless the agency
certifies that the rule, if promulgated, will not have a significant
economic impact on a substantial number of small entities. As required
by Executive Order 13272, ``Proper Consideration of Small Entities in
Agency Rulemaking,'' 67 FR 53461 (August 16, 2002), DOE published
procedures and policies on February 19, 2003, to ensure that the
potential impacts of its rules on small entities are properly
considered during the rulemaking process. 68 FR 7990. DOE's procedures
and policies may be viewed on the Office of the General Counsel's Web
site (http://energy.gov/gc/office-general-counsel). DOE reviewed
today's SNOPR under the provisions of the Regulatory Flexibility Act
and the procedures and policies published on February 19, 2003.
In conducting this review, DOE first determined the potential
number of affected small entities. The Small Business Administration
(SBA) considers an entity to be a small business if, together with its
affiliates, it employs fewer than the threshold number of workers
specified in 13 CFR part 121 according to the North American Industry
Classification System (NAICS) codes. The SBA's Table of Size Standards
is available at: http://www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf. The threshold number for NAICS
classification 335224, Household Laundry Equipment Manufacturing, which
includes clothes dryer manufacturers, is 1,000 employees.
As discussed in the January 2013 NOPR, DOE initially identified at
least 14 manufacturers of residential clothes dryers that sold products
in the United States. DOE determined that 13 of these companies
exceeded the SBA's maximum number of employees or were foreign-owned
and operated. Thus, DOE identified only one potential small business
manufacturer of residential clothes dryers. DOE could not locate this
manufacturer on the dynamic small business search on the SBA Web site,
but DOE nonetheless considered the economic impacts of the proposed
test procedure amendments on this potential small business
manufacturer. 78 FR 152, 178 (January 2, 2013).
As discussed in section II.A, DOE is only proposing to amend 10 CFR
part 430 subpart B, appendices D and D1 today's SNOPR to clarify the
installation conditions for console lights, the method for measuring
the drum capacity, the maximum allowable scale range, and the allowable
use of a relative humidity meter. Because the proposed amendments would
not change the actual testing method and provide additional options for
instrumentations while requiring the same resolution and accuracy, DOE
does not believe the proposed amendments in today's SNOPR would result
in any added test burden on manufacturers as compared to the current
DOE clothes dryer test procedures in 10 CFR part 430, subpart B,
appendices D and D1. For these reasons, DOE certifies that the proposed
rule, if adopted, would not have a significant economic impact on a
substantial number of small entities. Accordingly, DOE has not prepared
a regulatory flexibility analysis for this rulemaking. DOE seeks
comment on the certification set forth above, and will

[[Page 8995]]

transmit the certification and supporting statement of factual basis to
the Chief Counsel for Advocacy of the SBA for review under 5 U.S.C.
605(b).

C. Review Under the Paperwork Reduction Act of 1995

Manufacturers of clothes dryers must certify to DOE that their
products comply with any applicable energy conservation standards. In
certifying compliance, manufacturers must test their products according
to the DOE test procedures for clothes dryers, including any amendments
adopted for those test procedures. DOE has established regulations for
the certification and recordkeeping requirements for all covered
consumer products and commercial equipment, including clothes dryers.
(76 FR 12422 (March 7, 2011). The collection-of-information requirement
for the certification and recordkeeping is subject to review and
approval by OMB under the Paperwork Reduction Act (PRA). This
requirement has been approved by OMB under OMB control number 1910-
1400. Public reporting burden for the certification is estimated to
average 20 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information.
Notwithstanding any other provision of the law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB Control Number.

D. Review Under the National Environmental Policy Act of 1969

In this SNOPR, DOE is proposing to adopt test procedure amendments
that it expects will be used to develop and implement future energy
conservation standards for clothes dryers. DOE has determined that this
rule falls into a class of actions that are categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.) and DOE's implementing regulations at 10 CFR part 1021.
Specifically, this proposed rule would amend the existing test
procedures without affecting the amount, quality or distribution of
energy usage, and, therefore, would not result in any environmental
impacts. Thus, this rulemaking is covered by Categorical Exclusion A5
under 10 CFR part 1021, subpart D, which applies to any rulemaking that
interprets or amends an existing rule without changing the
environmental effect of that rule. Accordingly, neither an
environmental assessment nor an environmental impact statement is
required.

E. Review Under Executive Order 13132

Executive Order 13132, ``Federalism,'' 64 FR 43255 (August 4, 1999)
imposes certain requirements on agencies formulating and implementing
policies or regulations that preempt State law or that have Federalism
implications. The Executive Order requires agencies to examine the
constitutional and statutory authority supporting any action that would
limit the policymaking discretion of the States and to carefully assess
the necessity for such actions. The Executive Order also requires
agencies to have an accountable process to ensure meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications. On March 14, 2000, DOE
published a statement of policy describing the intergovernmental
consultation process it will follow in the development of such
regulations. 65 FR 13735. DOE has examined this proposed rule and has
determined that it would not have a substantial direct effect on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. EPCA governs and prescribes Federal
preemption of State regulations as to energy conservation for the
products that are the subject of today's SNOPR. States can petition DOE
for exemption from such preemption to the extent, and based on
criteria, set forth in EPCA. (42 U.S.C. 6297(d)) No further action is
required by Executive Order 13132.

F. Review Under Executive Order 12988

Regarding the review of existing regulations and the promulgation
of new regulations, section 3(a) of Executive Order 12988, ``Civil
Justice Reform,'' 61 FR 4729 (Feb. 7, 1996), imposes on Federal
agencies the general duty to adhere to the following requirements: (1)
Eliminate drafting errors and ambiguity; (2) write regulations to
minimize litigation; (3) provide a clear legal standard for affected
conduct rather than a general standard; and (4) promote simplification
and burden reduction. Section 3(b) of Executive Order 12988
specifically requires that Executive agencies make every reasonable
effort to ensure that the regulation: (1) Clearly specifies the
preemptive effect, if any; (2) clearly specifies any effect on existing
Federal law or regulation; (3) provides a clear legal standard for
affected conduct while promoting simplification and burden reduction;
(4) specifies the retroactive effect, if any; (5) adequately defines
key terms; and (6) addresses other important issues affecting clarity
and general draftsmanship under any guidelines issued by the Attorney
General. Section 3(c) of Executive Order 12988 requires Executive
agencies to review regulations in light of applicable standards in
sections 3(a) and 3(b) to determine whether they are met or it is
unreasonable to meet one or more of them. DOE has completed the
required review and determined that, to the extent permitted by law,
the proposed rule meets the relevant standards of Executive Order
12988.

G. Review Under the Unfunded Mandates Reform Act of 1995

Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
requires each Federal agency to assess the effects of Federal
regulatory actions on State, local, and Tribal governments and the
private sector. Public Law 104-4, sec. 201 (codified at 2 U.S.C. 1531).
For a proposed regulatory action likely to result in a rule that may
cause the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year (adjusted annually for inflation), section 202 of UMRA requires a
Federal agency to publish a written statement that estimates the
resulting costs, benefits, and other effects on the national economy.
(2 U.S.C. 1532(a), (b)) The UMRA also requires a Federal agency to
develop an effective process to permit timely input by elected officers
of State, local, and Tribal governments on a proposed ``significant
intergovernmental mandate,'' and requires an agency plan for giving
notice and opportunity for timely input to potentially affected small
governments before establishing any requirements that might
significantly or uniquely affect small governments. On March 18, 1997,
DOE published a statement of policy on its process for
intergovernmental consultation under UMRA. 62 FR 12820; also available
at http://energy.gov/gc/office-general-counsel DOE examined today's
SNOPR according to UMRA and its statement of policy and determined that
the rule contains neither an intergovernmental mandate, nor a mandate
that may result in the expenditure of $100 million or more in any year,
so these requirements do not apply.

[[Page 8996]]

H. Review Under the Treasury and General Government Appropriations Act,
1999

Section 654 of the Treasury and General Government Appropriations
Act, 1999 (Pub. L. 105-277) requires Federal agencies to issue a Family
Policymaking Assessment for any rule that may affect family well-being.
This rule would not have any impact on the autonomy or integrity of the
family as an institution. Accordingly, DOE has concluded that it is not
necessary to prepare a Family Policymaking Assessment.

I. Review Under Executive Order 12630

DOE has determined, under Executive Order 12630, ``Governmental
Actions and Interference with Constitutionally Protected Property
Rights'' 53 FR 8859 (March 18, 1988), that this regulation would not
result in any takings that might require compensation under the Fifth
Amendment to the U.S. Constitution.

J. Review Under the Treasury and General Government Appropriations Act,
2001

Section 515 of the Treasury and General Government Appropriations
Act, 2001 (44 U.S.C. 3516 note) provides for agencies to review most
disseminations of information to the public under guidelines
established by each agency pursuant to general guidelines issued by
OMB. OMB's guidelines were published at 67 FR 8452 (Feb. 22, 2002), and
DOE's guidelines were published at 67 FR 62446 (Oct. 7, 2002). DOE has
reviewed today's SNOPR under the OMB and DOE guidelines and has
concluded that it is consistent with applicable policies in those
guidelines.

K. Review Under Executive Order 13211

Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use,'' 66 FR 28355
(May 22, 2001), requires Federal agencies to prepare and submit to OMB,
a Statement of Energy Effects for any proposed significant energy
action. A ``significant energy action'' is defined as any action by an
agency that promulgated or is expected to lead to promulgation of a
final rule, and that: (1) Is a significant regulatory action under
Executive Order 12866, or any successor order; and (2) is likely to
have a significant adverse effect on the supply, distribution, or use
of energy; or (3) is designated by the Administrator of OIRA as a
significant energy action. For any proposed significant energy action,
the agency must give a detailed statement of any adverse effects on
energy supply, distribution, or use should the proposal be implemented,
and of reasonable alternatives to the action and their expected
benefits on energy supply, distribution, and use.
Today's regulatory action to amend the test procedure for measuring
the energy efficiency of clothes dryers is not a significant regulatory
action under Executive Order 12866. Moreover, it would not have a
significant adverse effect on the supply, distribution, or use of
energy, nor has it been designated as a significant energy action by
the Administrator of OIRA. Therefore, it is not a significant energy
action, and, accordingly, DOE has not prepared a Statement of Energy
Effects.

L. Review Under Section 32 of the Federal Energy Administration Act of
1974

Under section 301 of the DOE Organization Act (Pub. L. 95-91), DOE
must comply with section 32 of the Federal Energy Administration Act of
1974 (Pub. L. 93-275), as amended by the Federal Energy Administration
Authorization Act of 1977 (FEAA; Pub. L. 95-70) (15 U.S.C. 788).
Section 32 essentially provides that, where a rule authorizes or
requires use of commercial standards, the rulemaking must inform the
public of the use and background of such standards. In addition,
section 32(c) requires DOE to consult with the Attorney General and the
Chairman of the Federal Trade Commission (FTC) concerning the impact of
the commercial or industry standards on competition. The amendments
proposed in today's SNOPR do not authorize or require the use of any
commercial standards.

IV. Public Participation

A. Submission of Comments

DOE will accept comments, data, and information regarding this
SNOPR no later than the date provided in the DATES section at the
beginning of this proposed rule. Interested parties may submit comments
using any of the methods described in the ADDRESSES section at the
beginning of this notice.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will not be publicly viewable except for your
first and last names, organization name (if any), and submitter
representative name (if any). If your comment is not processed properly
because of technical difficulties, DOE will use this information to
contact you. If DOE cannot read your comment due to technical
difficulties and cannot contact you for clarification, DOE may not be
able to consider your comment.
However, your contact information will be publicly viewable if you
include it in the comment or in any documents attached to your comment.
Any information that you do not want to be publicly viewable should not
be included in your comment, nor in any document attached to your
comment.
Do not submit to regulations.gov information for which disclosure
is restricted by statute, such as trade secrets and commercial or
financial information (hereinafter referred to as Confidential Business
Information (CBI)). Comments submitted through regulations.gov cannot
be claimed as CBI. Comments received through the Web site will waive
any CBI claims for the information submitted. For information on
submitting CBI, see the Confidential Business Information section
below.
DOE processes submissions made through regulations.gov before
posting. Normally, comments will be posted within a few days of being
submitted. However, if large volumes of comments are being processed
simultaneously, your comment may not be viewable for up to several
weeks. Please keep the comment tracking number that regulations.gov
provides after you have successfully uploaded your comment.
Submitting comments via email, hand delivery, or mail. Comments and
documents submitted via email, hand delivery, or mail also will be
posted to regulations.gov. If you do not want your personal contact
information to be publicly viewable, do not include it in your comment
or any accompanying documents. Instead, provide your contact
information on a cover letter. Include your first and last names, email
address, telephone number, and optional mailing address. The cover
letter will not be publicly viewable as long as it does not include any
comments.
Include contact information each time you submit comments, data,
documents, and other information to DOE. If you submit via mail or hand
delivery, please provide all items on a CD, if feasible. It is not
necessary to submit printed copies. No facsimiles (faxes) will be
accepted.
Comments, data, and other information submitted to DOE
electronically should be provided in PDF (preferred), Microsoft Word or
Excel, WordPerfect, or text (ASCII) file format. Provide documents that
are not secured, written in English and are free of any defects or
viruses. Documents

[[Page 8997]]

should not contain special characters or any form of encryption and, if
possible, they should carry the electronic signature of the author.
Campaign form letters. Please submit campaign form letters by the
originating organization in batches of between 50 to 500 form letters
per PDF or as one form letter with a list of supporters' names compiled
into one or more PDFs. This reduces comment processing and posting
time.
Confidential Business Information. According to 10 CFR 1004.11, any
person submitting information that he or she believes to be
confidential and exempt by law from public disclosure should submit via
email, postal mail, or hand delivery two well-marked copies: one copy
of the document marked confidential including all the information
believed to be confidential, and one copy of the document marked non-
confidential with the information believed to be confidential deleted.
Submit these documents via email or on a CD, if feasible. DOE will make
its own determination about the confidential status of the information
and treat it according to its determination.
Factors of interest to DOE when evaluating requests to treat
submitted information as confidential include: (1) A description of the
items; (2) whether and why such items are customarily treated as
confidential within the industry; (3) whether the information is
generally known by or available from other sources; (4) whether the
information has previously been made available to others without
obligation concerning its confidentiality; (5) an explanation of the
competitive injury to the submitting person which would result from
public disclosure; (6) when such information might lose its
confidential character due to the passage of time; and (7) why
disclosure of the information would be contrary to the public interest.
It is DOE's policy that all comments may be included in the public
docket, without change and as received, including any personal
information provided in the comments (except information deemed to be
exempt from public disclosure).

B. Issues on Which DOE Seeks Comment

Although DOE welcomes comments on any aspect of this proposal, DOE
is particularly interested in receiving comments and views of
interested parties on the following issues:
1. Console Lights
DOE seeks comment on the proposal to clarify in the installation
conditions that console lights or other lighting systems refer to task
lights that do not provide any function during the drying cycle related
to the drying process and that control setting indicator lights
associated with the drying operation or cycle settings that are fully
integrated into the clothes dryer controls would not be disconnected
during the active mode test cycle. (See section II.A)
2. Drum Capacity Measurement
DOE seeks comment on the proposal to clarify for the drum capacity
measurement that the intersection of the door plane and the loading
port refers to the uppermost edge of the drum that is in contact with
the door seal and that volume should be added or subtracted from the
measured water fill volume to account for the space in the drum
interior not measured by the water fill, such as the space occupied by
the door. DOE also seeks comment on how the volume to be added or
subtracted should be measured. (See section II.A)
3. Maximum Scale Range
DOE seeks comment on its proposal to increase the maximum allowable
scale range, while retaining the resolution and maximum error
requirements.
4. Relative Humidity Meter
DOE seeks comment on its proposal that a relative humidity meter
with a maximum error tolerance expressed in [deg]F equivalent to the
existing requirements the dry and wet bulb psychrometer or with a
maximum error tolerance of 2 percent relative humidity
would be acceptable for testing.

V. Approval of the Office of the Secretary

The Secretary of Energy has approved publication of this
supplemental notice of proposed rulemaking.

List of Subjects in 10 CFR Part 430

Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Incorporation by reference, Intergovernmental relations, Small
businesses.

Issued in Washington, DC, on January 31, 2013.
Kathleen B. Hogan,
Deputy Assistant Secretary, Energy Efficiency and Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
part 430 of title 10 of the Code of Federal Regulations, as set forth
below:

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

0
1. The authority citation for part 430 continues to read as follows:

Authority: 42 U.S.C. 6291-6309; 28 U.S.C. 2461 note.

0
2. Appendix D to Subpart B of Part 430 is amended:
0
a. In section 2. Testing Conditions, by revising section 2.1, 2.4.1,
2.4.1.2, and 2.4.4; and
0
b. In section 3. Test Procedures and Measurements, by revising section
3.1.
The revisions read as follows:

Appendix D to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Clothes Dryers

* * * * *

2. Testing Conditions

2.1 Installation. Install the clothes dryer in accordance with
manufacturer's instructions. The dryer exhaust shall be restricted
by adding the AHAM exhaust simulator described in 3.3.5 of HLD-1.
All external joints should be taped to avoid air leakage. Disconnect
all lights, such as task lights, that do not provide any information
related to the drying process on the clothes dryer which do not
consume more than 10 watts during the clothes dryer test cycle.
Control setting indicator lights showing the cycle progression,
temperature or dryness settings, or other cycle functions that
cannot be turned off during the test cycle shall not be disconnected
during the active mode test cycle.
* * * * *
2.4.1 Weighing scale for test cloth. The scale shall have a
range of 0 to a maximum of 60 pounds with a resolution of at least
0.2 ounces and a maximum error no greater than 0.3 percent of any
measured value within the range of 3 to 15 pounds.
2.4.1.2 Weighing scale for drum capacity measurements. The scale
should have a range of 0 to a maximum of 600 pounds with resolution
of 0.50 pounds and a maximum error no greater than 0.5 percent of
the measured value.
* * * * *
2.4.4 Dry and wet bulb psychrometer. The dry and wet bulb
psychrometer shall have an error no greater than 1
[deg]F. A relative humidity meter with a maximum error tolerance
expressed in [deg]F equivalent the requirements the dry and wet bulb
psychrometer or with a maximum error tolerance of 2
percent relative humidity would be acceptable for measuring the
ambient humidity.
* * * * *

3. Test Procedures and Measurements

3.1 Drum Capacity. Measure the drum capacity by sealing all
openings in the drum except the loading port with a plastic bag, and
ensure that all corners and depressions are filled and that there
are no extrusions of the plastic bag through the opening in the

[[Page 8998]]

drum. Support the dryer's rear drum surface on a platform scale to
prevent deflection of the dryer, and record the weight of the empty
dryer. Fill the drum with water to a level determined by the
intersection of the door plane and the loading port (i.e., the
uppermost edge of the drum that is in contact with the door seal).
Record the temperature of the water and then the weight of the dryer
with the added water and then determine the mass of the water in
pounds. Add or subtract the appropriate volume based on the space in
the drum interior to account for any space in the drum interior not
measured by water fill (e.g., space occupied by the door or the
space above the uppermost edge of the drum within a curved door).
The drum capacity is calculated as follows:

C = w/d +/- volume adjustment
C = capacity in cubic feet.
w = mass of water in pounds.
d = density of water at the measured temperature in pounds per cubic
feet.
* * * * *

0
3. Appendix D1 to Subpart B of Part 430 is amended:
0
a. In section 2. Testing Conditions, by revising sections 2.1, 2.4.1,
2.4.1.2, and 2.4.4; and
0
b. In section 3. Test Procedures and Measurements, by revising sections
3.1 and 3.6.
The additions and revisions read as follows:

Appendix D1 to Subpart B of Part 430--Uniform Test Method for Measuring
the Energy Consumption of Clothes Dryers

* * * * *

2. Testing Conditions

2.1 Installation. Install the clothes dryer in accordance with
manufacturer's instructions. For conventional clothes dryers, as
defined in 1.7, the dryer exhaust shall be restricted by adding the
AHAM exhaust simulator described in 3.3.5.1 of AHAM HLD-1
(incorporated by reference; see Sec. 430.3). For ventless clothes
dryers, as defined in 1.19, the dryer shall be tested without the
AHAM exhaust simulator. Where the manufacturer gives the option to
use the dryer both with and without a duct, the dryer shall be
tested without the exhaust simulator. All external joints should be
taped to avoid air leakage. If the manufacturer gives the option to
use a ventless clothes dryer, as defined in 1.19, with or without a
condensation box, the dryer shall be tested with the condensation
box installed. For ventless clothes dryers, the condenser unit of
the dryer must remain in place and not be taken out of the dryer for
any reason between tests. For drying testing, disconnect all lights,
such as task lights, that do not provide any information related to
the drying process on the clothes dryer which do not consume more
than 10 watts during the clothes dryer test cycle. Control setting
indicator lights showing the cycle progression, temperature or
dryness settings, or other cycle functions that cannot be turned off
during the test cycle shall not be disconnected during the active
mode test cycle. For standby and off mode testing, the clothes dryer
shall also be installed in accordance with section 5, paragraph 5.2
of IEC 62301 (incorporated by reference; see Sec. 430.3). For
standby and off mode testing, do not disconnect console lights or
other lighting systems.
* * * * *
2.4.1 Weighing scale for test cloth. The scale shall have a
range of 0 to a maximum of 60 pounds with a resolution of at least
0.2 ounces and a maximum error no greater than 0.3 percent of any
measured value within the range of 3 to 15 pounds.
2.4.1.2 Weighing scale for drum capacity measurements. The scale
should have a range of 0 to a maximum of 600 pounds with resolution
of 0.50 pounds and a maximum error no greater than 0.5 percent of
the measured value.
* * * * *
2.4.4 Dry and wet bulb psychrometer. The dry and wet bulb
psychrometer shall have an error no greater than 1
[deg]F. A relative humidity meter with a maximum error tolerance
expressed in [deg]F equivalent the requirements the dry and wet bulb
psychrometer or with a maximum error tolerance of 2
percent relative humidity would be acceptable for measuring the
ambient humidity.
* * * * *

3. Test Procedures and Measurements

3.1 Drum Capacity. Measure the drum capacity by sealing all
openings in the drum except the loading port with a plastic bag, and
ensuring that all corners and depressions are filled and that there
are no extrusions of the plastic bag through the opening in the
drum. Support the dryer's rear drum surface on a platform scale to
prevent deflection of the drum surface, and record the weight of the
empty dryer. Fill the drum with water to a level determined by the
intersection of the door plane and the loading port (i.e., the
uppermost edge of the drum that is in contact with the door seal).
Record the temperature of the water and then the weight of the dryer
with the added water and then determine the mass of the water in
pounds. Add or subtract the appropriate volume based on the space in
the drum interior to account for any space in the drum interior not
measured by water fill (e.g., space occupied by the door or the
space above the uppermost edge of the drum within a curved door).
The drum capacity is calculated as follows:

C = w/d +/- volume adjustment
C = capacity in cubic feet.
w = mass of water in pounds.
d = density of water at the measured temperature in pounds per cubic
feet.
* * * * *
3.6 Standby mode and off mode power. Establish the testing
conditions set forth in Section 2 ``Testing Conditions'' of this
appendix, except that all lighting systems shall remain connected.
If the clothes dryer waits in a higher power state at the start of
standby mode or off mode before dropping to a lower power state, as
discussed in section 5, paragraph 5.1, note 1 of IEC 62301
(incorporated by reference; see Sec. 430.3),wait until the clothes
dryer passes into the lower power state before starting the
measurement. Follow the test procedure specified in section 5,
paragraph 5.3 of IEC 62301 for testing in each possible mode as
described in 3.6.1 and 3.6.2, except allow the product to stabilize
for 30 to 40 minutes and use an energy use measurement period of 10
minutes. For units in which power varies over a cycle, as described
in section 5, paragraph 5.3.2 of IEC 62301, use the average power
approach described in paragraph 5.3.2(a) of IEC 62301, except allow
the product to stabilize for 30 to 40 minutes and use an energy use
measurement period not less than 10 minutes.
* * * * *
[FR Doc. 2013-02749 Filed 2-6-13; 8:45 am]
BILLING CODE 6450-01-P