[Federal Register Volume 84, Number 52 (Monday, March 18, 2019)]
[Proposed Rules]
[Pages 9721-9724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04999]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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.
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  Federal Register / Vol. 84, No. 52 / Monday, March 18, 2019 / 
Proposed Rules  

[[Page 9721]]



DEPARTMENT OF ENERGY

10 CFR Parts 430 and 431

[EERE-2018-BT-TP-0020]


Energy Conservation Program: Notice of Request for Information on 
the Measurement of Average Use Cycles or Periods of Use in DOE Test 
Procedures

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

ACTION: Request for information (RFI).

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SUMMARY: The U.S. Department of Energy (DOE) is initiating a data and 
information collection process through this request for information to 
better understand whether there are provisions in the Department's test 
procedures for consumer appliances and industrial equipment that could 
be improved to produce results that are more representative of average 
use cycles or periods of use. Over time, many of DOE's test procedures 
have been amended to account for products' increased functionality and 
modes of operation. DOE's intent in issuing this RFI is to gather 
information to ensure that the inclusion of measurement provisions in 
its test procedures associated with such increased functionality has 
not inadvertently compromised the measurement of representative average 
use cycles or periods of use, and made some test procedures 
unnecessarily burdensome. DOE welcomes written comments from the public 
on any subject within the scope of this document, including topics not 
directly outlined in this RFI. DOE particularly welcomes comments on 
any suggestions for reducing or avoiding regulatory burdens within the 
context of measuring average use cycles or periods of use.

DATES: Written comments and information are requested and will be 
accepted on or before May 17, 2019.

ADDRESSES: Interested persons are encouraged to submit comments using 
the Federal eRulemaking Portal at http://www.regulations.gov. Follow 
the instructions for submitting comments. Alternatively, interested 
persons may submit comments, identified by docket number EERE-2018-BT-
TP-0020, by any of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the instructions for submitting comments.
    2. Email: to [email protected]. Include docket 
number EERE-2018-BT-TP-0020 in the subject line of the message.
    3. Postal Mail: Appliance and Equipment Standards Program, U.S. 
Department of Energy, Building Technologies Office, Mailstop EE-5B, 
1000 Independence Avenue SW, Washington, DC 20585-0121. Telephone: 
(202) 287-1445. 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: Appliance and Equipment Standards 
Program, U.S. Department of Energy, Building Technologies Office, 950 
L'Enfant Plaza SW, Suite 600, Washington, DC 20024. Telephone: (202) 
287-1445. If possible, please submit all items on a CD, in which case 
it is not necessary to include printed copies.
    No telefacsimilies (faxes) will be accepted. For detailed 
instructions on submitting comments and additional information on this 
process, see section III of this document.
    Docket: The docket for this activity, which includes Federal 
Register notices, comments, and other supporting documents/materials, 
is available for review at http://www.regulations.gov. All documents in 
the docket are listed in the http://www.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.
    The docket web page can be found at http://www.regulations.gov/docket?D=EERE-2018-BT-TP-0020. The docket web page will contain simple 
instructions on how to access all documents, including public comments, 
in the docket. See section III for information on how to submit 
comments through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Tiedeman, U.S. Department 
of Energy, Office of the General Counsel, GC-33, 1000 Independence 
Avenue SW, Washington, DC 20585-0121. Telephone: (202) 287-6111. Email: 
[email protected].
    For further information on how to submit a comment or review other 
public comments and the docket, contact the Appliance and Equipment 
Standards Program staff at (202) 287-1445 or by email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Authority and Background
II. Request for Information
III. Submission of Comments

I. Authority and Background

    The Energy Policy and Conservation Act of 1975 (``EPCA'' or ``the 
Act''),\1\ Public Law 94-163 (42 U.S.C. 6291-6317, as codified), among 
other things, authorizes DOE to regulate the energy efficiency of a 
number of consumer products and industrial equipment. Title III, Part B 
\2\ of EPCA established the Energy Conservation Program for Consumer 
Products Other Than Automobiles, which sets forth a variety of 
provisions designed to improve energy efficiency. Title III, Part C of 
EPCA established the Energy Conservation Program for Certain Industrial 
Equipment.
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    \1\ All references to EPCA in this document refer to the statute 
as amended through the EPS Improvement Act of 2017, Public Law 115-
115 (January 12, 2018).
    \2\ For editorial reasons, upon codification in the U.S. Code, 
Part B was redesignated Part A.
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    Under EPCA, DOE's energy conservation program consists essentially 
of four parts: (1) Testing, (2) labeling, (3) Federal energy 
conservation standards, and (4) certification and enforcement 
procedures. Relevant provisions of the Act include definitions (42 
U.S.C. 6291; 42 U.S.C. 6311), energy conservation standards (42 U.S.C. 
6295; 42 U.S.C. 6317), test procedures (42 U.S.C. 6293; 42 U.S.C. 
6314), labeling provisions (42 U.S.C. 6294; 42 U.S.C. 6315), and the 
authority to require information and reports from manufacturers (42 
U.S.C. 6296; 42 U.S.C. 6316).
    DOE's test procedures are required to be reasonably designed to 
produce test

[[Page 9722]]

results that measure energy efficiency, energy use, water use (in the 
case of showerheads, faucets, water closets and urinals), or estimated 
annual operating cost of covered products or equipment during a 
representative average use cycle or period of use, and they cannot be 
unduly burdensome to conduct. (42 U.S.C. 6293(b)(3); 42 U.S.C. 
6314(a)(2))

II. Request for Information

    DOE is issuing this RFI for the purpose of gathering information on 
how the Department could reasonably design its test procedures to 
produce results representative of average use cycles or periods of use, 
while at the same time ensure that they are not unduly burdensome to 
conduct. The Department is interested in identifying specific instances 
in which its test procedures' methods of measuring energy use have 
become unnecessarily complex, potentially incorporating the testing of 
modes and/or functions that do not, in fact, produce results that are 
representative of average use cycles or periods of use. In certain 
cases, DOE's test procedures have evolved in response to product 
evolution in the market, including increased product functionality and 
modes of product operation. This trend may have contributed to 
procedures that, while accounting for a wide variety of functions, 
cease to accurately capture representative average use cycles or 
periods of use, as required by EPCA. (42 U.S.C. 6293(b)(3); 42 U.S.C. 
6314(a)(2))
    DOE seeks information with respect to any of its test procedures 
for both consumer products and industrial equipment, which stakeholders 
believe could be improved to produce results that are representative of 
average use cycles or periods of use and are not unduly burdensome to 
conduct.
    Consider an example from DOE's clothes washer test procedure. Over 
time, machine labeling and literature have evolved to the point that 
the term ``normal'' cycle, as previously defined in the DOE test 
procedure, no longer captured all of the control settings most 
consumers would typically--or could possibly--choose in operating the 
machine to wash their laundry. (See, e.g., 75 FR 57556, 57575 (Sept. 
21, 2010)). Further, the range of cycle options and terminology on the 
control panels changed over time such that many machines no longer 
refer to a ``normal'' cycle, instead relying upon other terms. DOE 
concluded that testing only the wash temperature options available on 
what has typically been considered the normal cycle, despite consumers 
being able to access the other temperature options by switching out of 
the normal cycle, may not result in testing that ``contributes to an 
accurate representation of energy consumption as used by consumers.'' 
Id: 80 FR 46730, 46737 (Aug. 5, 2015). The standard of ``energy 
consumption as used by consumers'', however, appears to be inconsistent 
with the statutory requirement for test procedures at 42 U.S.C. 
6293(b). Specifically, the statute requires a test method that measures 
energy use at those wash or rinse temperature selections that comprise 
a ``representative average use cycle or period of use''--not every wash 
or rinse temperature available on the machine.\3\
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    \3\ There are other provisions of the clothes washer test 
procedure that may also be inconsistent with the statutory 
requirement of measuring energy use or efficiency ``during a 
representative average use cycle or period of use.'' For example, 
the DOE test procedure specifies that the cycle considered to be the 
``Normal cycle'' must be able to wash ``up to a full load,'' even 
though the average load has the highest load usage factor in the 
test procedure based on consumer use data. DOE further stated that 
the DOE test procedure ``approximates consumer usage habits'' by 
requiring minimum, average, and maximum load sizes, which also may 
be inconsistent with the statutory requirement to measure the energy 
use or efficiency during a representative use cycle or period of 
use. 80 FR 46730, 46742 (Aug. 5, 2015).
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    For two other examples, consider DOE test procedures for single-
package vertical air conditioners and heat pumps and commercial water 
source heat pumps. DOE recently issued two requests for information 
that asked commenters to consider whether changes to the test 
procedures are needed with regard to fan energy use to properly 
characterize a representative average use cycle per 42 U.S.C. 6293(b), 
or whether including such energy use would be ``additive of other 
existing accounting of fan energy use.'' See 83 FR 34499, 34503, 504 
(July 29, 2018); 83 FR 29048, 29050 (June 22, 2018).
    Also consider the current DOE test procedure for ceiling fans, 
which requires manufacturers to test multi-mount ceiling fans--i.e., 
fans that can be mounted in either the standard or hugger position--to 
test the fan in both positions. 81 FR 48620, 48633 (July 25, 2016). DOE 
discussed in the proposed rule, however, data that suggested that fans 
were installed in the standard position 73 percent of the time. 79 FR 
62522, 62532 (Oct. 17, 2014). As a result, testing in the standard 
position arguably meets the statutory test of measuring the energy use 
of the product during a representative average use cycle or period of 
use, whereas requiring testing in the more energy-intensive hugger 
configuration may not.
    There are instances for which the DOE test procedures rely on 
streamlined approaches so as not to be unduly burdensome, while still 
being designed to reasonably to provide results that are representative 
of an average use cycle or period of use. For one example, DOE's 
existing test procedures for refrigerators, refrigerator-freezers, and 
freezers generally require testing with the cabinet doors kept closed 
in an environmentally-controlled room at 90 [deg]F temperature. This 
test condition is intended to simulate performance in more typical room 
temperature conditions (72 [deg]F) with door openings. See, 10 CFR 
430.23(a)(1) and (b)(7)). Requiring actual door openings during testing 
can make it difficult to maintain the necessary operating conditions 
and introduces test variability. It also would increase test burden by 
requiring additional equipment and labor for test setup and conducting 
the test. The 90 [ordm]F ambient condition with no door openings is 
designed to provide a measurement consistent with representative 
average consumer use, while avoiding excessive testing burden. 74 FR 
29824, 29831.
    A further example is the test procedure for dehumidifiers. In 
application, a dehumidifier generally cycles through dehumidification 
mode and off-cycle mode based on ambient room conditions (i.e., the 
dehumidifier operates until the ambient reaches the humidity setpoint, 
then it cycles off, and then cycles back on when ambient humidity 
increases above a certain level). Instead of operating a dehumidifier 
continuously through varying conditions to achieve the different modes, 
the DOE test procedure requires testing the dehumidification mode, off-
cycle mode, and other low-power modes separately. See generally, 
appendix X1 of 10 CFR part 430, subpart B. Prescribed hours of 
operation for each mode are then used to calculate the associated 
annual energy consumption and calculate the integrated energy factor, 
the metric for the dehumidifier energy conservation standard effective 
in 2019. Id. The hours allocated between dehumidification mode and off-
cycle mode are intended to reflect the cyclic operation between these 
modes for a dehumidifier, so that the test procedure produces results 
that measure energy efficiency during a representative average use 
cycle or period of use. This approach reduces the time necessary for 
testing and avoids the additional test burden that would be required to 
properly control and account for varying ambient test conditions.
    The examples described above are just that; examples to highlight 
the issue upon which DOE seeks input. These examples are not intended 
suggest and

[[Page 9723]]

particular outcome or in any way to limit the requested input from 
interested parties on how DOE might improve its test procedures to 
better capture average use cycles or periods of use, while minimizing 
regulatory test burdens. Rather, DOE is interested in relevant 
arguments and suggestions and input across all product and equipment 
types.
    DOE would specifically be interested in whether there is reliable, 
non-proprietary consumer use data that could better inform its 
understanding of average use cycles or periods of use, or a less 
burdensome definition of normal cycle that could capture such use. DOE 
also welcomes comments on other issues relevant to this topic that may 
not specifically be identified in this document. In particular, DOE 
notes that under Executive Order 13771, ``Reducing Regulation and 
Controlling Regulatory Costs,'' Executive Branch agencies such as DOE 
are directed to manage the costs associated with the imposition of 
expenditures required to comply with Federal regulations. See 82 FR 
9339 (February 3, 2017). Pursuant to that Executive Order, DOE 
encourages the public to provide input on measures DOE could take to 
lower the cost of its regulations applicable to appliances or 
equipment.

III. Submission of Comments

    DOE invites all interested parties to submit in writing, by the 
date listed in the DATES section of this notice, comments and 
information on matters addressed in this notice. These comments and 
information will aid in DOE's better understanding of how its test 
procedures could potentially be improved to best produce results that 
are representative of average use cycles or periods of use, and the 
Department's better understanding of any related concerns with respect 
to undue regulatory burden.
    Submitting comments via http://www.regulations.gov. The http://www.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 http://www.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 
http://www.regulations.gov cannot be claimed as CBI. Comments received 
through the website 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 http://www.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 http://www.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 http://www.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).
    DOE considers public participation to be a very important part of 
the process for developing a greater understanding of the emerging 
``smart'' technology sector. DOE actively encourages the participation 
and interaction of the public during the comment period in each stage 
of this process. Interactions

[[Page 9724]]

with and between members of the public provide a balanced discussion of 
the issues and assist DOE in the process. Anyone who wishes to be added 
to the DOE mailing list to receive future notices and information about 
this process should contact Appliance and Equipment Standards Program 
staff at (202) 287-1445 or via email at 
[email protected].

    Signed in Washington, DC, on March 8, 2019.
Daniel R. Simmons,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2019-04999 Filed 3-15-19; 8:45 am]
 BILLING CODE 6450-01-P