[Federal Register Volume 79, Number 28 (Tuesday, February 11, 2014)]
[Proposed Rules]
[Pages 8112-8122]
From the Federal Register Online via the Government Printing 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: CCW2013TP0002@ee.doe.gov 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: 
Brenda.Edwards@ee.doe.gov.

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: commercial_clothes_washers@ee.doe.gov.
    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: Elizabeth.Kohl@hq.doe.gov.

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