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


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DEPARTMENT OF ENERGY

10 CFR Part 430

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


Energy Conservation Program: Test Procedures for Residential 
Clothes Dryers

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

ACTION: Supplemental notice of proposed rulemaking.

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

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

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

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

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Authority and Background
    A. General Test Procedure Rulemaking Process
    B. DOE Clothes Dryer Test Procedure
II. Discussion
    A. Proposals
    B. Compliance With Other EPCA Requirements
III. Procedural Issues and Regulatory Review
    A. Review Under Executive Order 12866
    B. Review Under the Regulatory Flexibility Act
    C. Review Under the Paperwork Reduction Act of 1995
    D. Review Under the National Environmental Policy Act of 1969
    E. Review Under Executive Order 13132
    F. Review Under Executive Order 12988
    G. Review Under the Unfunded Mandates Reform Act of 1995
    H. Review Under the Treasury and General Government 
Appropriations Act, 1999
    I. Review Under Executive Order 12630
    J. Review Under the Treasury and General Government 
Appropriations Act, 2001
    K. Review Under Executive Order 13211
    L. Review Under Section 32 of the Federal Energy Administration 
Act of 1974
IV. Public Participation
    A. Submission of Comments
    B. Issues on Which DOE Seeks Comment
    1. Console Lights
    2. Drum Capacity Measurement
V. Approval of the Office of the Secretary

I. Authority and Background

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

[[Page 8993]]

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

A. General Test Procedure Rulemaking Process

    Under 42 U.S.C. 6293, EPCA sets forth the criteria and procedures 
DOE must follow when prescribing or amending test procedures for 
covered products. EPCA provides in relevant part that any test 
procedures prescribed or amended under this section must be reasonably 
designed to produce test results that measure energy efficiency, energy 
use or estimated annual operating cost of a covered product during a 
representative average use cycle or period of use and not be unduly 
burdensome to conduct. (42 U.S.C. 6293(b)(3))
    In addition, if DOE determines that a test procedure amendment is 
warranted, it must publish proposed test procedures and offer the 
public an opportunity to present oral and written comments on them. (42 
U.S.C. 6293(b)(2)) In any rulemaking to amend a test procedure, DOE 
must also determine to what extent, if any, the proposed test procedure 
would alter the measured energy efficiency of any covered product as 
determined under the existing test procedure. (42 U.S.C. 6293(e))

B. DOE Clothes Dryer Test Procedure

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

II. Discussion

A. Proposals

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

[[Page 8994]]

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

B. Compliance With Other EPCA Requirements

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

III. Procedural Issues and Regulatory Review

A. Review Under Executive Order 12866

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

B. Review Under the Regulatory Flexibility Act

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

[[Page 8995]]

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

C. Review Under the Paperwork Reduction Act of 1995

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

D. Review Under the National Environmental Policy Act of 1969

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

E. Review Under Executive Order 13132

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

F. Review Under Executive Order 12988

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

G. Review Under the Unfunded Mandates Reform Act of 1995

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

[[Page 8996]]

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

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

I. Review Under Executive Order 12630

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

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

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

K. Review Under Executive Order 13211

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

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

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

IV. Public Participation

A. Submission of Comments

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

[[Page 8997]]

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

B. Issues on Which DOE Seeks Comment

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

V. Approval of the Office of the Secretary

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

List of Subjects in 10 CFR Part 430

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

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

PART 430--ENERGY CONSERVATION PROGRAM FOR CONSUMER PRODUCTS

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

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

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

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

* * * * *

2. Testing Conditions

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

3. Test Procedures and Measurements

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

[[Page 8998]]

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

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

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

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

* * * * *

2. Testing Conditions

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

3. Test Procedures and Measurements

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

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