[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Proposed Rules]
[Pages 8112-8122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02818]
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DEPARTMENT OF ENERGY
10 CFR Parts 429 and 431
[Docket No. EERE-2013-BT-TP-0002]
RIN 1904-AC93
Energy Conservation Program: Test Procedures for Commercial
Clothes Washers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Department of Energy (DOE) proposes to revise its
test procedures and certification reporting requirements for commercial
clothes washers established under the Energy Policy and Conservation
Act. The proposed amendments provide numerical equations for
translating modified energy factor and water factor values as measured
using DOE's new clothes washer test procedure into their equivalent
values as measured using the current test procedure. The proposed
amendments also clarify the dates for which the current and new test
procedures can be used to determine compliance with existing energy
conservation standards and any future revised energy conservation
standards for commercial clothes washers.
DATES: DOE will accept comments, data, and information regarding this
notice of proposed rulemaking (NOPR) no later than April 28, 2014 See
section V, ``Public Participation,'' for details. DOE will hold a
public meeting on this proposed test procedure if one is requested by
February 26, 2014.
ADDRESSES: Any comments submitted must identify the NOPR for Test
Procedures for Commercial Clothes Washers, and provide docket number
EERE-2013-BT-TP-0002 and/or regulatory information number (RIN) number
1904-AC93. 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: [email protected] Include the docket number and/or
RIN 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
CD. It is not necessary to include printed copies.
4. Hand Delivery/Courier: Ms. Brenda Edwards, U.S. Department of
Energy, Building Technologies Program, 950 L'Enfant Plaza SW., Suite
600, Washington, DC 20024. Telephone: (202) 586-2945. If possible,
please submit all items on a CD. It is not necessary to include printed
copies.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see section V of this document
(Public Participation).
Docket: The docket, which includes Federal Register notices,
comments, and other supporting documents/materials, is available for
review at regulations.gov. All documents in the docket are listed in
the regulations.gov index. However, some documents listed in the index,
such as those containing information that is exempt from public
disclosure, may not be publicly available.
For further information on how to submit a comment, review other
public comments and the docket, or participate in the public meeting,
contact Ms. Brenda Edwards at (202) 586-2945 or by email:
[email protected].
FOR FURTHER INFORMATION CONTACT: Ashley Armstrong, U.S. Department of
Energy, Office of Energy Efficiency and Renewable Energy, Building
Technologies Program, EE-2J, 1000 Independence Avenue SW., Washington,
DC 20585-0121. Telephone: (202) 586-6590. Email: [email protected].
Elizabeth Kohl, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-7796. Email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Authority and Background
II. Summary of the Notice of Proposed Rulemaking
III. Discussion
A. Top-Loading Translation Equations
B. Front-Loading Translation Equations
C. Responses to Comments Received from Standards Rulemaking
1. Use of Appendix J2 and Translation Equations
2. Separate Provisions for Commercial Clothes Washers
IV. 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 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
V. Public Participation
VI. Approval of the Office of the Secretary
I. Authority and Background
Title III of the Energy Policy and Conservation Act of 1975 (42
U.S.C. 6291, et seq; ``EPCA''), Public Law 94-163, sets forth a variety
of provisions designed to improve energy efficiency. (All references to
EPCA refer to the statute as amended through the American Energy
Manufacturing Technical Corrections Act, Pub. L. 112-210 (Dec. 18,
2012)). Part C of title III, which for editorial reasons was re-
designated as Part A-1 upon incorporation into the U.S. Code (42 U.S.C.
6311-6317, as codified), establishes the ``Energy Conservation Program
for Certain Industrial Equipment.'' The program includes commercial
clothes washers, the subject
[[Page 8113]]
of today's proposed rulemaking. (42 U.S.C. 6311(1)(H))
Under EPCA, the energy conservation 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 as the basis for (1) certifying to DOE that
their products comply with the applicable energy conservation standards
adopted under EPCA, and (2) making representations about the efficiency
of those products. Similarly, DOE must use these test procedures to
determine whether the products comply with any relevant standards
promulgated under EPCA.
The Energy Policy Act of 2005 (EPACT) established the first energy
conservation standards for commercial clothes washers. (42 U.S.C.
6313(e)(1)) EPACT directed DOE to conduct two rulemakings to determine
whether the established standards should be amended. DOE published its
first final rule amending commercial clothes washer standards on
January 8, 2010 (``January 2010 final rule''), which applies to
commercial clothes washers manufactured on or after January 8, 2013.
EPACT required the second final rule to be published by January 1,
2015. Any amended standards would apply to commercial clothes washers
manufactured three years after the date on which the final amended
standard is published. (42 U.S.C. 6313(e)(2)(B)) DOE is currently
conducting its second standards rulemaking to satisfy this
requirement.\1\
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\1\ Docket number EERE-2012-BT-STD-0020. For more information,
see DOE's commercial clothes washer rulemaking Web page at http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/46.
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The commercial clothes washer standards established by the January
2010 final rule are based on energy and water metrics as measured using
the DOE test procedure for both residential and commercial clothes
washers at 10 CFR part 430, subpart B, appendix J1 (``appendix J1'').
On March 7, 2012, DOE published a final rule amending its test
procedures for clothes washers (``March 2012 final rule''). (77 FR
13888) The March 2012 final rule included minor amendments to appendix
J1 and also established a new test procedure at 10 CFR part 430,
subpart B, appendix J2 (``appendix J2''). Beginning March 7, 2015,
manufacturers of residential clothes washers will be required to use
appendix J2 to demonstrate compliance with standards. Beginning March
7, 2015, manufacturers of commercial clothes washers may use either
appendix J1 or appendix J2 to demonstrate compliance with the current
standards established by the January 2010 final rule. Manufacturers
using appendix J2 would be required to use the conversion equations
proposed in this NOPR to translate the measured efficiency metrics into
equivalent appendix J1 values. The use of appendix J2 would be required
to demonstrate compliance with any amended energy conservation
standards to be published in a final rule by January 1, 2015, and the
conversion equations would no longer be used at that time.
In today's proposed rule, DOE proposes to amend its test procedure
and certification reporting requirements for commercial clothes washers
as described in section II. Under 42 U.S.C. 6314, 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 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 and
shall not be unduly burdensome to conduct. (42 U.S.C. 6314(a)(2))
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. 6314(b)(2))
II. Summary of the Notice of Proposed Rulemaking
In this NOPR, DOE proposes amending its test procedure and
certification reporting requirements for commercial clothes washers by
adding equations for translating modified energy factor (MEF) and water
factor (WF) values as measured using appendix J2 into their equivalent
values as measured using appendix J1. This translation would be
required for manufacturers that make representations of energy
efficiency (including representations in certification reports) based
on testing conducted in accordance with appendix J2 before the
effective date of any amended standards to be published in a final rule
by January 1, 2015.
DOE also proposes to amend the definitions for commercial clothes
washers in 10 CFR 430.152 to clarify the nomenclature used to
differentiate the energy and water efficiency metrics in appendix J1
and appendix J2, as applicable to commercial clothes washers.
Finally, DOE also responds to comments from interested parties
regarding the commercial clothes washer test procedure that DOE
received in response to the framework document and public meeting for
the energy conservation standards rulemaking for commercial clothes
washers.\2\
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\2\ The framework document for the energy conservation standards
rulemaking for commercial clothes washers is available at DOE's
rulemaking Web page: http://www1.eere.energy.gov/buildings/appliance_standards/rulemaking.aspx/ruleid/56. All rulemaking
documents, including comments from interested parties, are also
available at www.regulations.gov, under Docket EERE-2012-
BT-STD-0020.
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III. Discussion
As described in section I, the March 2012 final rule established a
new test procedure at appendix J2, which is required to be used for
residential clothes washers beginning March 7, 2015, to demonstrate
compliance with amended energy conservation standards for residential
clothes washers. Beginning March 7, 2015, manufacturers of commercial
clothes washers may also use appendix J2 to demonstrate compliance with
current energy conservation standards for commercial clothes washers.
Both appendix J1 and appendix J2 contain provisions for calculating
MEF and WF. In today's rule, DOE proposes to provide numerical
equations for translating the MEF and WF values calculated using
appendix J2 into their equivalent appendix J1 values. Manufacturers
would be required to use these equations when testing pursuant to the
appendix J2 test procedure to demonstrate compliance with the current
commercial clothes washer standards, which are based on MEF and WF
values as measured using appendix J1. DOE also proposes new
designations for the appendix J2 metrics: (1) MEFJ2, defined
as the modified energy factor value calculated in section 4.5 of
appendix J2, and (2) WFJ2, defined as the water factor value
calculated in section 4.2.12 of appendix J2. These new metric
designations would be codified at 10 CFR 431.152. The translation
equations would be codified within the certification requirements at 10
CFR 429.46(b). DOE also proposes to amend section 429.46 to clarify
that beginning March 7, 2015, manufacturers may use either appendix J1
or, alternatively, appendix J2 in conjunction with the proposed
translation equations, to demonstrate compliance with existing energy
[[Page 8114]]
conservation standards for commercial clothes washers. Appendix J2
would be required to demonstrate compliance with any amended standards
based on appendix J2 efficiency metrics, and the conversion equations
would not be used at that time.
The proposed equations for translating MEF and WF values measured
under appendix J2 to equivalent appendix J1 values were obtained as
described in the discussion that follows.
A. Top-Loading Translation Equations
DOE tested a representative sample of top-loading commercial
clothes washers currently on the market to determine the MEF and WF
equations. Data from DOE's tests are shown in Figure 1 and Figure 2
below. DOE's test sample included baseline models that minimally comply
with the existing standards as well as higher-efficiency models that
span the available range of efficiencies on the market. Due to the
relatively small number of models currently available on the market,
DOE supplemented its test sample with models manufactured before the
amended standards became effective on January 8, 2013.\3\ DOE observed
that the MEF translations for top-loading commercial clothes washers
are closely correlated with the type of water fill control system.\4\
Therefore, DOE proposes separate MEF equations for each water fill
control system type. DOE proposes a single WF equation for all top-
loading commercial clothes washers because DOE has not observed any
significant difference in WF translation between manual and automatic
\5\ water fill control system types. Figure 1 and Figure 2 show the MEF
and WF translation curves, respectively. The proposed equations are as
follows, where MEFJ2 and WFJ2 are the values of
modified energy factor and water factor, respectively, obtained using
appendix J2:
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\3\ For top-loading commercial clothes washers, differences
between MEF and MEFJ2 for the same model are largely due
to differences in the capacity measurement in section 3.1 of both
appendices and the equation in section 4.3 of both appendices for
calculating per-cycle energy consumption for removal of moisture
from the test load (i.e., the ``drying energy''). DOE has tested
products manufactured both before and after January 8, 2013 and
observed that, for a given model, the differences in capacity and
drying energy according to appendix J1 and appendix J2 are
independent of the unit's efficiency level. Therefore, for each
product type, a single linear translation curve can be used that
includes models manufactured both before and after the compliance
date of the recently amended standards.
\4\ This correlation is largely due to the revised formula in
section 4.3 of appendix J2 for calculating the drying energy. In
appendix J1, the drying energy calculation includes a load size
adjustment factor of 0.52 for all clothes washer types; whereas, in
appendix J2, the drying energy calculation is based on the load
usage factors listed in Table 4.1.3 of appendix J2, which differ
according to the type of water fill control system available on the
clothes washer. The amended drying energy calculation in appendix J2
provides greater consistency with the calculations for determining
machine electrical energy and hot water heating energy. For a full
description of this amendment, see the residential clothes washer
test procedure final rule published in the Federal Register on March
7, 2012. 77 FR 13888, 13914.
\5\ The term ``automatic'' water fill used here refers to water
fill control systems that determine the water fill level without
requiring user intervention or actions. This includes ``adaptive''
water fill control systems and ``fixed'' water fill control systems,
available on some commercial clothes washers, that provide a fixed
water level for all load sizes and no water fill selector or water
fill control settings available to the user. Clothes washers with
fixed water fill control systems are tested in the same manner as
clothes washers with adaptive water fill control systems.
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(i) MEF for top-loading commercial clothes washers with manual water
fill: MEF = (MEFJ2 x 1.53) - 0.14
(ii) MEF for top-loading commercial clothes washers with automatic
water fill: MEF = (MEFJ2 x 1.09) + 0.15
(iii) WF for all top-loading commercial clothes washers: WF =
(WFJ2 x 0.81) +1.33
[[Page 8115]]
[GRAPHIC] [TIFF OMITTED] TP11FE14.000
B. Front-Loading Translation Equations
DOE tested a representative sample of front-loading commercial
clothes washers currently on the market to determine the MEF and WF
equations. Data from DOE's tests are shown in Figure 3 and Figure 4
below. DOE's test sample included baseline models that minimally comply
with the existing standard as well as higher-efficiency models that
span the available range of efficiencies on the market. As with the
top-loading commercial clothes washers, due to the relatively small
number of models currently available on the market, DOE supplemented
its front-loading test sample with models manufactured before the
amended standards became effective on January 8, 2013. DOE proposes a
single equation for both MEF and WF for all front-loading commercial
clothes washers because all front-loading commercial clothes washers on
the market use automatic water fill controls. Figure 3 and Figure 4
show the MEF and WF translation curves, respectively. The crosswalk
equations are as follows:
(i) MEF = (MEFJ2 x 1.13) + 0.14
(ii) WF = WFJ2
[[Page 8116]]
[GRAPHIC] [TIFF OMITTED] TP11FE14.001
C. Responses to Comments Received From Standards Rulemaking
In response to the framework document and public meeting for the
energy conservation standards rulemaking for commercial clothes
washers, DOE received comments from interested parties regarding the
test procedure. DOE responds to those comments in the discussion that
follows.
1. Use of Appendix J2 and Translation Equations
The Association of Home Appliance Manufacturers (AHAM) proposed
that DOE not require the use of appendix J2 for compliance with
commercial clothes washer standards until such time as DOE requires
compliance with amended standards. AHAM stated that it understands the
stated reasoning for requiring manufacturers to transition to appendix
J2 in March 2015 but questioned whether it is necessary to require that
transition prior to amended standards for commercial clothes washers.
(AHAM, No. 6 at p. 2) \6\
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\6\ A notation in this form provides a reference for information
that is in the docket for DOE's rulemaking to develop energy
conservation standards for commercial clothes washers (Docket No.
EERE-2012-BT-STD-0020), which is maintained at www.regulations.gov.
This notation indicates that AHAM's statement preceding the
reference can be found in document number 6 in the docket, and
appears at page 2 of that document.
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Alliance Laundry Systems (ALS) supports allowing the continued use
of appendix J1 from March 7, 2015, until the effective date of any
amended 2018 standards. ALS asserted that that any
[[Page 8117]]
existing basic model currently in production must still be valid after
any test procedure change. (ALS, Public Meeting Transcript, No. 12 at
pp. 25-26; ALS, No. 16 at p. 1).
Pacific Gas and Electric Company, Southern California Gas Company,
and San Diego Gas and Electric Company (collectively, the ``California
Utilities'') support DOE's proposal to develop correction factors that
would become effective for current standards on March 7, 2015, when the
new appendix J2 test procedure takes effect, because the new test
procedure is different than the previous appendix J1 test procedure.
(California Utilities, No. 8 at pp. 1-2)
DOE has established both appendix J1 and appendix J2 as test
procedures for clothes washers. Manufacturers of residential clothes
washers must use appendix J2 to demonstrate compliance with the amended
standards for residential clothes washers, which were developed using
appendix J2, on March 7, 2015. Consistent with EPCA requirements at 42
U.S.C. 6314(a)(8), DOE proposes to allow manufacturers of commercial
clothes washers to use either appendix J1 or, alternatively, appendix
J2 in conjunction with the proposed translation equations, to
demonstrate compliance with existing energy conservation standards,
which are based on appendix J1. The use of appendix J2 would be
required to demonstrate compliance with any amended standards for
commercial clothes washers to be published in a final rule by January
1, 2015, which would be based on appendix J2 metrics.
2. Separate Provisions for Commercial Clothes Washers
The Appliance Standards Awareness Project (ASAP) suggested that the
residential clothes washer test procedure could contain a separate
section containing procedures applicable only to commercial clothes
washers. (ASAP, Public Meeting Transcript, No. 12 at p. 37)
The Northwest Energy Efficiency Alliance (NEEA) commented that DOE
should consider further investigation and possible modification of the
test procedure to accurately reflect commercial clothes washer typical
usage patterns. NEEA stated that commercial clothes washers are often
used in a different manner than residential clothes washers; for
example, commercial clothes washers are often subject to larger load
sizes and are not generally used to wash small loads due to fixed costs
to wash a load. NEEA believes that by reflecting accurate appliance
usage in the test procedure, the standards would achieve greater energy
savings in the field. (NEEA, No. 10 at p. 2)
DOE received more specific comments on these issues, and responds
to them in the paragraphs that follow.
a. Drying Energy Calculation
Section 4.3 of appendix J2 provides the calculation of per-cycle
energy consumption for removal of moisture from the test load (i.e.,
the drying energy), which is one of the energy components used to
calculate MEF. The drying energy is calculated as the product of: (1)
the weighted average load size; (2) the remaining moisture content
minus 4%; (3) the dryer usage factor of 0.91; and (4) the DEF, the
nominal energy required for a clothes dryer to remove moisture from
clothing, defined as 0.5 kWh/lb.
Southern Company commented that the test procedure should
incorporate a variable DEF, stating that the energy used for drying
clothes in a dryer is not an automated process, and is highly dependent
on consumer behavior. Southern Company believes that the current DEF
factor of 0.5 kWh/lb appears to assume perfect operation and efficiency
of drying, and suggests that DOE should determine reasonable values for
the clothes dryer energy for both residential and commercial clothes
dryers, which are likely to be different, and then use a weighted
average value for variable DEF and any other relevant energy factors.
(Southern Company, No. 9 at pp.1-2). Furthermore, Southern Company
commented that the Electric Power Research Institute has performed
metering of residential clothes washers and dryers in real-life
situations, and preliminary findings indicate very little dryer energy
savings from reduced moisture content in the clothes washers. (Southern
Company, Public Meeting Transcript, No. 12 at p. 24) Southern Company
suggests that DOE make assumptions about the percentage in the market
of features such as dryer moisture sensors and incorporate those into
the test procedure. (Southern Company, Public Meeting Transcript, No.
12 at p. 36)
The National Resources Defense Council and Appliance Standards
Awareness Project (NRDC and ASAP) jointly commented that DOE should
consider the prevalence of timer-activated termination controls in
commercial dryers. The commenters stated that the energy savings in
commercial clothes washers achieved by reducing the remaining moisture
content of clothing at the end of the wash cycle is largely dependent
on moisture-sensing termination controls in commercial dryers. NRDC and
ASAP cited a 2009 report on residential clothes dryers that found that
termination control strategies can vary in effectiveness and that
actual dryer energy varied by 20-30 percent for the same load, largely
because energy use at the end of cycle is not being captured in the
current dryer test procedure. (NRDC and ASAP, No. 11 at p. 2) NRDC also
commented that it is more common for commercial dryers to be operated
on a time-dry basis rather than a moisture sensing basis. NRDC believes
DOE should collect data on the existing stock of dryers in the
commercial setting, and the availability of a sensor dry feature in
today's stock of commercial dryers. (NRDC, Public Meeting Transcript,
No. 12 at pp. 26-27)
The calculation of drying energy in the clothes washer test
procedure is intended to provide a nominal estimate of associated
drying energy that can be used to distinguish among clothes washer
models that provide varying degrees of remaining moisture in the
clothing load, to provide a consistent basis of comparison applied
across all types of clothes washers. In addition, DOE does not have
consumer usage data that would indicate how consumer usage of
commercial clothes dryers might differ from residential clothes dryers.
DOE also does not have data indicating the prevalence of features in
commercial clothes dryers such as moisture sensors that would affect
the drying times. Such data would be required to support any changes in
the test procedure calculations.
b. Water Heating Calculation
Section 4.1.3 of appendix J2 provides the calculation of total
weighted per-cycle hot water energy consumption (i.e., the water
heating energy), which is one of the energy components used to
calculate MEF. The water heating energy calculations assume a 100%
efficient electric water heater that provides a water heating value of
0.00240 kWh/gal/[deg]F. Section 4.1.4 of the test procedure also
provides a conversion for gas water heating, assuming a gas water
heater efficiency of 75%. However, the gas water heating calculation is
not used in the calculation of MEF or WF.
Southern Company commented that these water heater efficiencies are
reasonable assumptions, but should be updated as the weighted
efficiency of installed water heaters changes over time, as electric
heat pump water heaters and gas condensing water heaters gain market
share. Southern Company further noted that these assumptions are
reasonable because water heater energy usage is not
[[Page 8118]]
dependent on consumer behavior, but is an automatic process. (Southern
Company, No. 9 at pp. 1-2)
DOE recognizes that the household water heater market includes a
wide variety of water heater types at different efficiency levels and
using different fuel sources. DOE notes, however, that the calculation
of water heating energy in the clothes washer test procedure is
intended to provide a nominal estimate of associated water heating
energy that can be used to distinguish among clothes washer models that
use different amounts of hot water to provide a consistent basis of
comparison applied across all types of clothes washers.
c. Temperature Use Factors
Table 4.1.1 of appendix J2 provides the Temperature Use Factors
(TUF), which represent the percentage of wash cycles performed by end-
users at each available wash/rinse temperature. For a clothes washer
with cold, warm, and hot wash cycles (all with cold rinse), which DOE
testing indicates is the most common combination found on commercial
clothes washers, the TUFs are assigned as follows: cold wash 37%; warm
wash 49%; and hot wash 14%.
NRDC and ASAP commented that the cold temperature usage factor of
37% should be corroborated for the commercial environment. (NRDC and
ASAP, No. 11 at p. 2)
DOE does not have consumer usage data indicating the prevalence of
cold wash cycles performed on commercial clothes washers. Such data
would be required to consider any changes in the test procedure
calculations.
IV. Procedural Issues and Regulatory Review
A. Review Under Executive Order 12866
The Office of Management and Budget (OMB) 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.
B. Review Under the Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
preparation of an initial regulatory flexibility analysis (IFRA) 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 DOE rulemaking process. 68 FR 7990. DOE has made
its procedures and policies available on the Office of the General
Counsel's Web site: http://energy.gov/gc/office-general-counsel.
DOE reviewed today's proposed rule under the provisions of the
Regulatory Flexibility Act and the procedures and policies published on
February 19, 2003. DOE has concluded that the rule would not have a
significant impact on a substantial number of small entities. The
factual basis for this certification is as follows:
The Small Business Administration (SBA) considers a business entity
to be a small business, if, together with its affiliates, it employs
less than a threshold number of workers specified in 13 CFR part 121.
These size standards and codes are established by the 2007 North
American Industry Classification System (NAICS). The threshold number
for NAICS classification code 333312--which applies to commercial
laundry, dry cleaning, and pressing machine manufacturers--is 500
employees. Searches of the SBA Web site \7\ to identify commercial
clothes washer manufacturers within these NAICS codes did not identify
any small businesses that manufacture commercial clothes washers.
Additionally, DOE checked its own publicly available Compliance
Certification Database \8\ to identify manufacturers of commercial
clothes washers. During its research, DOE did not identify any
manufacturer of commercial clothes washers that qualify as small
businesses as specified by the SBA employee limits. In addition, the
rule proposes only the use of equations for translating modified energy
factor and water factor values as measured using DOE's new clothes
washer test procedure into their equivalent values as measured using
the current test procedure. No change to the test method is proposed.
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\7\ A searchable database of certified small businesses is
available online at: http://dsbs.sba.gov/dsbs/search/dsp_dsbs.cfm.
\8\ DOE's Compliance Certification Database is available online
at: http://www.regulations.doe.gov/certification-data.
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For these reasons, DOE concludes and certifies that today's
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
will 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 commercial clothes washers 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 commercial clothes
washers, 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 commercial clothes washers. (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 proposed rule, DOE proposes test procedure amendments that
it expects will be used to develop and implement future energy
conservation standards for commercial clothes washers. 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
[[Page 8119]]
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 proposed rule. 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
proposed rule 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.
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 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 proposed rule 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
[[Page 8120]]
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 commercial clothes washers 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 Department of Energy Organization Act
(Pub. L. 95-91; 42 U.S.C. 7101), DOE must comply with section 32 of the
Federal Energy Administration Act of 1974, as amended by the Federal
Energy Administration Authorization Act of 1977. (15 U.S.C. 788; FEAA)
Section 32 essentially provides in relevant part that, where a proposed
rule authorizes or requires use of commercial standards, the notice of
proposed 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. DOE is not requiring the use of any commercial standards
in this rulemaking, so these requirements do not apply.
V. Public Participation
Submission of Comments
DOE will accept comments, data, and information regarding this
proposed rule 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 proposed rule.
Submitting comments via regulations.gov. The regulations.gov Web
page will require you to provide your name and contact information.
Your contact information will be viewable to DOE Building Technologies
staff only. 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. Persons viewing comments will see only first and last names,
organization names, correspondence containing comments, and any
documents submitted with the comments.
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.
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 free of any defects or viruses.
Documents 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).
[[Page 8121]]
VI. Approval of the Office of the Secretary
The Secretary of Energy has approved publication of this proposed
rule.
List of Subjects
10 CFR Part 429
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances, Imports,
Reporting and recordkeeping requirements.
10 CFR Part 431
Administrative practice and procedure, Confidential business
information, Energy conservation, Household appliances.
Issued in Washington, DC, on January 31, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
For the reasons stated in the preamble, DOE is proposing to amend
parts 429 and 431 of Chapter II of Title 10, Code of Federal
Regulations as set forth below:
PART 429--CERTIFICATION, COMPLIANCE, AND ENFORCEMENT FOR CONSUMER
PRODUCTS AND COMMERCIAL AND INDUSTRIAL EQUIPMENT
0
1. The authority citation for part 429 continues to read as follows:
Authority: 42 U.S.C. 6291-6317.
0
2. Section 429.46 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 429.46 Commercial clothes washers.
* * * * *
(b) * * *
(2) Pursuant to Sec. 429.12(b)(13), a certification report shall
include the following public product-specific information:
(i) When testing was conducted using Appendix J1 to subpart B of 10
CFR Part 430 for units manufactured on or after January 8, 2013: The
modified energy factor (MEF) in cubic feet per kilowatt hour per cycle
(cu ft/kWh/cycle); and the water factor (WF) in gallons per cubic feet
per cycle (gal/cu ft/cycle);
(ii) When testing was conducted using Appendix J2 to subpart B of
10 CFR Part 430 for units manufactured on or after January 8, 2013: The
modified energy factor (MEF) in cu ft/kWh/cycle, as calculated pursuant
to paragraph (b)(2)(ii)(A) of this section after applying the sampling
provisions of paragraph (a) of this section; and the water factor (WF)
in gal/cu ft/cycle, as calculated pursuant to paragraph (b)(2)(ii)(B)
of this section after applying the sampling provisions of paragraph (a)
of this section.
(A) Calculate MEF as:
MEF = (MEFJ2 x AMEF) + BMEF
where MEFJ2 is defined as the modified energy factor as
calculated in section 4.5 of Appendix J2, and AMEF and
BMEF are defined in Table 1:
Table 1--Modified Energy Factor Translation Coefficients for Commercial
Clothes Washers
------------------------------------------------------------------------
Product class and water fill control
system AMEF BMEF
------------------------------------------------------------------------
Top-Loading, Manual water fill.......... 1.53 -0.14
Top-Loading, Automatic water fill....... 1.09 0.15
Front-Loading........................... 1.13 0.14
------------------------------------------------------------------------
(B) Calculate WF as:
WF = (WFJ2 x AWF) + BWF
where WFJ2 is defined as the water factor as calculated in
section 4.2.12 of Appendix J2, and AWF and BWF
are defined in Table 2:
Table 2--Water Factor Translation Coefficients for Commercial Clothes
Washers
------------------------------------------------------------------------
Product class AWF BWF
------------------------------------------------------------------------
Top-Loading............................. 0.81 1.33
Front-Loading........................... 1.00 1.00
------------------------------------------------------------------------
(iii) When using Appendix J2 to subpart B of 10 CFR Part 430 for
units manufactured on or after the effective date of any amended
standards for commercial clothes washers based on Appendix J2
efficiency metrics: The modified energy factor (MEF) in cu ft/kWh/
cycle, as determined in section 4.5 of Appendix J2; and the integrated
water factor (IWF) in gal/cu ft/cycle, as determined in section 4.2.13
of Appendix J2.
PART 431--ENERGY EFFICIENCY PROGRAM FOR CERTAIN COMMERCIAL AND
INDUSTRIAL EQUIPMENT
0
3. The authority citation for part 431 continues to read as follows:
Authority: 42 U.S.C. 6311-6317.
0
4. Section 431.152 is amended by adding in alphabetical order the
definitions for ``IWF,'' ``MEF,'' ``MEFJ2,'' ``WF,'' and
``WFJ2,'' to read as follows:
Sec. 431.152 Definitions concerning commercial clothes washers.
* * * * *
IWF means integrated water factor, in gallons per cubic feet per
cycle (gal/cu ft/cycle), as determined in section 4.2.13 of Appendix J2
to subpart B of 10 CFR Part 430.
MEF means modified energy factor, in cubic feet per kilowatt hour
per cycle (cu ft/kWh/cycle), as determined in section 4.4 of Appendix
J1 to subpart B of 10 CFR Part 430.
MEFJ2 means modified energy factor, in cu ft/kWh/cycle,
as determined in section 4.5 of Appendix J2 to subpart B of 10 CFR Part
430.
WF means water factor, in gal/cu ft/cycle, as determined in section
4.2.3 of Appendix J1 to subpart B of 10 CFR Part 430.
WFJ2 means water factor, in gal/cu ft/cycle, as
determined in section 4.2.12 of Appendix J2 to subpart B of 10 CFR Part
430.
0
5. Section 431.154 is revised to read as follows:
Sec. 431.154 Test procedures.
The test procedures for clothes washers in either Appendix J1 or
Appendix J2 to subpart B of part 430 of this chapter must be used to
test
[[Page 8122]]
commercial clothes washers before the effective date of any amended
standards based on Appendix J2 efficiency metrics. The test procedures
for clothes washers in Appendix J2 to subpart B of part 430 of this
chapter must be used to test commercial clothes washers manufactured on
or after the effective date of any amended standards based on Appendix
J2 efficiency metrics.
[FR Doc. 2014-02818 Filed 2-10-14; 8:45 a.m.]
BILLING CODE 6450-01-P