[Federal Register Volume 79, Number 205 (Thursday, October 23, 2014)]
[Proposed Rules]
[Pages 63336-63339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25244]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 79, No. 205 / Thursday, October 23, 2014 /
Proposed Rules
[[Page 63336]]
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE-2014-BT-TP-0034]
Energy Conservation Program: Test Procedures for Residential
Clothes Dryers
AGENCY: Office of Energy Efficiency and Renewable Energy, Department of
Energy.
ACTION: Notice of public meeting.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) will hold a public meeting
to facilitate a discussion among interested parties with regards to
potential changes to the DOE clothes dryer test procedure to produce
test results that measure energy use during a representative average
use cycle without being unduly burdensome to conduct.
DATES: DOE will hold a public meeting on November 13, 2014, from 9:00
a.m. to 12:00 Noon in Washington, DC. Additionally, DOE plans to
conduct the public meeting via webinar. You may attend the public
meeting either in person or via webinar.
DOE will accept comments, data, and information before and after
the public meeting, but no later than December 15, 2014. See section
Public Participation for details.
ADDRESSES: The public meeting will be held at the U.S. Department of
Energy, Forrestal Building, Room 4A-104, 1000 Independence Avenue SW.,
Washington, DC 20585-0121. To attend, please notify Ms. Brenda Edwards
at (202) 586-2945. See, Public Participation for additional meeting
information.
Any comments submitted must identify the NOPM for Test Procedures
for Residential Clothes Dryers, and provide docket number EERE-2014-BT-
TP-0034. Comments may be submitted using any of the following methods:
1. Federal eRulemaking Portal: www.regulations.gov. Follow the
instructions for submitting comments.
2. Email: [email protected]. Include the docket
number in the subject line of the message.
3. Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building
Technologies Program, Mailstop EE-5B, 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, 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 Public Participation
of this document.
Webinar: Registration information, participant instructions, and
information about the capabilities available to webinar participants
will be published on DOE's Web site at: http://www1.eere.energy.gov/buildings/appliance_standards/product.aspx/productid/36. Participants
are responsible for ensuring their systems are compatible with the
webinar software.
Docket: The docket is available for review at http://www.regulations.gov, and will include Federal Register notices, notice
of proposed rulemaking, public meeting attendee lists and transcripts,
comments, and other supporting documents/materials throughout the
rulemaking process. The regulations.gov Web page contains simple
instructions on how to access all documents, including public comments,
in the docket. The docket can be accessed by searching for docket
number EERE-2014-BT-TP-0034 on the regulations.gov Web site. 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.
For information on how to review the docket or participate in the
public meeting, contact Ms. Brenda Edwards at (202) 586-2945 or by
email: [email protected].
FOR FURTHER INFORMATION CONTACT:
Mr. Bryan Berringer, 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) 586-0371. Email: [email protected].
Ms. Sarah Butler, U.S. Department of Energy, Office of the General
Counsel, GC-71, 1000 Independence Avenue SW., Washington, DC 20585-
0121. Telephone: (202) 586-1777. Email: [email protected].
SUPPLEMENTARY INFORMATION: Title III, Part B \1\ of the Energy Policy
and Conservation Act of 1975 (``EPCA'' or, ``the Act''), Pub. L. 94-163
(42 U.S.C. 6291, et seq.) sets forth a variety of provisions designed
to improve energy efficiency and established the Energy Conservation
Program for Consumer Products Other Than Automobiles.\2\ These include
residential clothes dryers, the subject of today's notice. (42 U.S.C.
6292(a)(8))
---------------------------------------------------------------------------
\1\ For editorial reasons, upon codification in the U.S. Code,
Part B was redesignated as Part A.
\2\ All references to EPCA refer to the statute as amended
through the American Energy Manufacturing Technical Corrections Act
(AEMTCA), Public Law 112-210 (Dec. 18, 2012).
---------------------------------------------------------------------------
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. (42 U.S.C. 6293(c); 42 U.S.C. 6295(s)) Similarly,
DOE must use these test procedures to determine whether the products
comply with any relevant standards promulgated under EPCA. (42 U.S.C.
6295(s))
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, including clothes dryers. EPCA provides in relevant
part that any test procedures
[[Page 63337]]
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. 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)) Finally, in any rulemaking to amend a test
procedure, DOE must 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)(1))
DOE's test procedures for clothes dryers are codified in appendix
D, appendix D1, and appendix D2 to subpart B of Title 10 of the Code of
Federal Regulations (CFR). DOE's predecessor, the Federal Energy
Administration, established the test procedure for clothes dryers at
appendix D in a final rule published in the Federal Register on
September 14, 1977 (the September 1977 Final Rule). 42 FR 46145. On May
19, 1981, DOE published a final rule to amend the test procedure by
establishing a field-use factor for clothes dryers with automatic
termination controls, clarifying the test cloth specifications and
clothes dryer preconditioning, and making editorial and minor technical
changes. 46 FR 27324. The test procedure includes provisions for
determining the energy factor (EF) for clothes dryers, which is a
measure of the total energy required to dry a standard test load of
laundry to a ``bone dry'' \3\ state.
---------------------------------------------------------------------------
\3\ ``Bone dry'' is defined in the DOE clothes dryer test
procedure as a condition of a load of test clothes which has been
dried in a dryer at maximum temperature for a minimum of 10 minutes,
removed and weighed before cool down, and then dried again for 10-
minute periods until the final weight change of the load is 1
percent or less. (10 CFR subpart B, appendix D, section 1.2)
---------------------------------------------------------------------------
On January 6, 2011, DOE published in the Federal Register a final
rule for the residential clothes dryer and room air conditioner test
procedure rulemaking (76 FR 972), in which it (1) adopted the
provisions for the measurement of standby mode and off mode energy use
for those products along with a new energy efficiency metric for
clothes dryers, combined energy factor (CEF), that incorporates energy
use in active mode, standby mode, and off mode; and (2) adopted several
amendments to the clothes dryer and room air conditioner test
procedures concerning the active mode for these products. 76 FR 972.
DOE created a new appendix D1 in 10 CFR part 430 subpart B that
contained the amended test procedure for clothes dryers. 76 FR 1032
(Jan. 6, 2011).
DOE published a final rule on August 14, 2013, to amend the clothes
dryer test procedure, in which it (1) amended appendix D1 to update the
reference to the latest edition of the International Electrotechnical
Commission (IEC) Standard 62301, ``Household electrical appliances-
Measurement of standby power,'' Edition 2.0 2011-01; (2) amended
appendix D and appendix D1 to clarify the cycle settings used for the
test cycle, the requirements for the gas supply for gas clothes dryers,
the installation conditions for console lights, the method for
measuring the drum capacity, the maximum allowable weighing scale
range, and the allowable use of a relative humidity meter; and (3)
created a new appendix D2 that includes the amendments discussed above
and testing methods for measuring the effects of automatic cycle
termination. 78 FR 49608, 49610-12 (Aug. 14, 2013). Manufacturers must
use the test procedures in appendix D1 to demonstrate compliance with
energy conservation standards for clothes dryers as of January 1, 2015.
76 FR 52852, 52854 (Aug. 24, 2011) and 78 FR 49608, 49461 (Aug. 14,
2014). Alternatively, manufacturers may use the test procedures in
appendix D2 to demonstrate compliance with January 2, 2015 energy
conservation standards. 78 FR 49608, 49461 (Aug. 14, 2014).
Interested parties have commented publicly, as part of the previous
test procedure rulemaking process and more recently through other
public channels, that the DOE clothes dryer test procedures may not
produce results that are representative of consumer use with regards to
test load size and composition, cycle settings for the test cycle, and
other provisions in the test procedure. DOE also notes that Oak Ridge
National Laboratory and Pacific Northwest National Laboratory recently
published reports evaluating clothes dryer performance using the new
appendix D2 test method and preliminary investigations of new automatic
cycle termination concepts for improving clothes dryer
efficiency.4 5 6 In consideration of interested parties
concerns regarding the test procedure and this recent clothes dryer
automatic cycle termination research, DOE is initiating an effort to
determine whether amendments to the test procedure are warranted, in
accordance with 42 U.S.C. 6293(b)(2).
---------------------------------------------------------------------------
\4\ K. Gluesenkamp. Residential Clothes Dryer Performance Under
Timed and Automatic Cycle Termination Test Procedures. 2014. Oak
Ridge National Laboratory. Report No. ORNL/TM-2014/431. http://web.ornl.gov/sci/buildings/docs/2014-10-09-ORNL-DryerFinalReport-TM-2014-431.pdf.
\5\ W. TeGrotenhuis. Clothes Dryer Automatic Termination Sensor
Evaluation. Volume 1: Characterization of Energy Use in Residential
Clothes Dryers. 2014. Pacific Northwest National Laboratory. Report
No. PNNL-23621. http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23621.pdf.
\6\ W. TeGrotenhuis. Clothes Dryer Automatic Termination Sensor
Evaluation. Volume 2: Improved Sensor and Control Designs. 2014.
Pacific Northwest National Laboratory. Report No. PNNL-23616. http://www.pnnl.gov/main/publications/external/technical_reports/PNNL-23616.pdf.
---------------------------------------------------------------------------
In addition, EPCA requires that, not later than 6 years after the
issuance of a final rule establishing or amending a standard, DOE
publish a NOPR proposing new standards or a notice of determination
that the existing standards do not need to be amended. (42 U.S.C.
6295(m)(1)). Any test procedure amendments developed as part of the
test procedure rulemaking initiated by today's notice may be considered
in the next energy conservation standards rulemaking for residential
clothes dryers.
Public Participation
DOE will hold a public meeting for interested parties to discuss
issues related to the clothes dryer test procedure, including test load
composition, test load size, test cycle settings, and any other issues
related to developing a test method for measuring energy use during a
representative average use cycle and to gather data from the public on
these issues. During the meeting, DOE expects to present its latest
available test data concerning automatic cycle termination and
different test loads, and to invite discussion among interested parties
on modifications to the test procedure to produce more representative
test results while not being unduly burdensome to conduct. All of the
feedback and data gathered during the public meeting will be used in
consideration of any amendments to the DOE clothes dryer test
procedure.
The public meeting will be conducted in an informal, facilitated,
conference style. There shall be no discussion of proprietary
information, costs or prices, market shares, or other commercial
matters regulated by U.S. antitrust laws. A court reporter will record
the proceedings of the public meeting, after which a transcript will be
available for purchase from the court reporter and placed on the DOE
Web site at: http://
[[Page 63338]]
www1.eere.energy.gov/buildings/appliance_standards/product.aspx/
productid/36.
Please note that foreign nationals participating in the public
meeting are subject to advance security screening procedures which
require advance notice prior to attendance at the public meeting. If a
foreign national wishes to participate in the public meeting, please
inform DOE of this fact as soon as possible by contacting Ms. Regina
Washington at (202) 586-1214 or by email: [email protected]
so that the necessary procedures can be completed.
DOE requires visitors with laptop computers and other devices, such
as tablets, to be checked upon entry into the building. Any person
wishing to bring these devices into the Forrestal Building will be
required to obtain a property pass. Visitors should avoid bringing
these devices, or allow an extra 45 minutes to check in. Please report
to the visitor's desk to have devices checked before proceeding through
security.
Due to the REAL ID Act implemented by the Department of Homeland
Security (DHS), there have been recent changes regarding ID
requirements for individuals wishing to enter Federal buildings from
specific states and U.S. territories. Driver's licenses from the
following states or territory will not be accepted for building entry
and one of the alternate forms of ID listed below will be required. DHS
has determined that regular driver's licenses (and ID cards) from the
following jurisdictions are not acceptable for entry into DOE
facilities: Alaska, American Samoa, Arizona, Louisiana, Maine,
Massachusetts, Minnesota, New York, Oklahoma, and Washington.
Acceptable alternate forms of Photo-ID include: U.S. Passport or
Passport Card; an Enhanced Driver's License or Enhanced ID-Card issued
by the states of Minnesota, New York or Washington (Enhanced licenses
issued by these states are clearly marked Enhanced or Enhanced Driver's
License); a military ID or other Federal government issued Photo-ID
card.
DOE will accept comments, data, and information regarding this
proposed rule before or after the public meeting, but no later than the
date provided in the DATES section at the beginning of this proposed
rule. Interested parties may submit comments, data, and other
information 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 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 itself 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. Otherwise, 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
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/courier, 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 in 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/courier, 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, that are written in English, and that are 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/courier 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,
[[Page 63339]]
including any personal information provided in the comments (except
information deemed to be exempt from public disclosure).
Issued in Washington, DC, on October 16, 2014.
Kathleen B. Hogan,
Deputy Assistant Secretary for Energy Efficiency, Energy Efficiency and
Renewable Energy.
[FR Doc. 2014-25244 Filed 10-22-14; 8:45 am]
BILLING CODE 6450-01-P